Bramwell Bate News

Read the latest news, articles
and clients stories from Bramwell Bate.

It’s our job to know the law. We stay at the top
of our game so you can stay at the top of yours.

A timely reminder to review your affairs

As we slowly return to our day to day routines following the COVID-19 lockdown, it’s a good time to reflect on the lessons learnt from the paired back existence we experienced during these unprecedented times. One of the overwhelming messages to come out of the lockdown, was an even greater appreciation of our families and our desire to protect them. It is at times like these, that we should take stock of our personal affairs to ensure that in the...

Terms of trade and how registering your security interest can assist your business

The Personal Property Securities Act 1999 (“the Act”) has become a significant part of New Zealand commercial law. The Act created a publicly available record of security interests over ‘personal property’ and has become a tool by which businesses can protect their interests in the event of a debtor becoming insolvent. Personal property is all types of property except land. For example, stock in trade, livestock, crops and vehicles; along with intangible property such as hire purchase agreements, company...

Commercial Leases-The ongoing impact of COVID-19

While Alert Level 1 effectively sees a “return to normal” it is hardly business as usual for many small to medium size businesses that suffered significant financial loss during the lockdown period. Most commercial tenants were able to negotiate some rent relief during the lockdown period, via the no access in emergency clause contained in their Lease, however once restrictions on access to premises was lifted there was no direct contractual or legislative basis for a tenant to seek extended rent...

AML/CFT Identify Verification during COVID-19

Since 1 July 2018, lawyers have been subject to New Zealand’s anti-money laundering regime contained in the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the Act”). Under the Act, lawyers must complete customer due diligence (“CDD”) or “know your customer” investigations on clients. During  COVID-19 Alert Level 3 and 4, the ability to identify clients and verify client information in line with AML legislation is proving a challenge. AML supervisors have released a joint statement to provide guidance to AML reporting...

Settlements and satisfaction of conditions during COVID-19 Alert Level 3

Since the country went into COVID-19 Alert Level 4 on March 25, 2020, only a small number of conveyancing transactions have been settled, primarily due to the inability for the parties to be able to physically vacate or take possession of the property. While the country will still be under significant restrictions at Alert Level 3, Bramwell Bate are continuing to work remotely and it will be possible to progress some transactions further than we could during Alert Level 4. At...

Shared Care During COVID-19 Lockdown

Sharing the care of your children when separated can be challenging in the best of times. Some parents will have informal care arrangements while others may have a Parenting Order which determines the care and contact arrangements. Whatever the arrangement you have in place, it requires good communication and a degree of trust between parents. Children need to move between different households which may include living with other adults and children. During COVID-19 Alert Level 4 this has raised several questions...

Insolvency Law Relief Driven by COVID-19

The Government has announced temporary changes to the Companies Act 1993 to assist businesses facing financial stress and insolvency during the COVID-19 pandemic. The temporary changes include: Providing the directors of companies facing significant liquidity problems due to COVID-19 a ‘safe harbour’ from insolvency duties under the Companies Act. Enabling businesses affected by COVID-19 to place existing debts into hibernation until they can start trading normally again. Allowing the use of electronic signatures where necessary due to restrictions caused by...

Separation: How to get by in times of uncertainty

Relationships can be tested at the best of times. But having to co-exist in a “bubble” with potentially a great deal of stress and uncertainty, and limited options for time out, can place a huge pressure on many relationships. And with such a significant change in the economic climate, you may be wondering where you stand should you decide to end a relationship. The Property (Relationships) Act 1976 sets out how property is to be divided at the end of a relationship. It...