The Bramwell Bate office is open during Covid-19 Alert Level 2.

Please continue to contact us by email or phone with any queries or to make an appointment to see a member of the team.
Keeping our clients and team members safe and healthy is our priority and we will be operating under the government’s COVID-19 guidelines.

 

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.

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 entities on how to comply with AML requirements during the COVID-19 Alert Levels, both for ongoing customer due diligence for...

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 the time of writing, there is no clear direction on how long we may be in Alert Level 3, but...

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 as to how the care arrangement works. Can contact continue and if so how? If not, can contact continue in...

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 COVID-19. Giving the Registrar of Companies the power to temporarily extend deadlines imposed on companies, incorporated societies, charitable trusts and...

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 outlines what is relationship property, what is the separate property of each party, and whether adjustments need to be made...

Impact of COVID-19 on Commercial leases

The COVID-19 Level 4 lockdown has presented us all with a very unusual set of circumstances and has seen us receive countless questions from both landlords and tenants in relation to their rights and obligations under their lease arrangements. Not surprisingly, the majority relate to rent abatement. The most common form of lease used is the Auckland District Law Society 6th Edition Deed of Lease (the “ADLS Lease”). This version underwent a major revision in 2012 after the Canterbury earthquakes when many businesses found themselves unable to access their premises because they were located within the red zone. ...

Bramwell Bate News

Snippets

General consequence when bankruptcy is declared It is always a difficult time when you find that you are earning 99c but regularly spending $1.00. If you cannot turn the position around, personal bankruptcy being declared against you looms as a real consequence. Filing for bankruptcy itself is the most serious alternative when you are in financial difficulties, and the whole situation is stressful, so sharing the problem with your lawyer in the first instance can help clarify the best way forward. The general consequences are significant. In brief, any proceedings commenced against you to recover debts are halted, and some are actually cancelled....

How do you enforce land covenants when a neighbour is in breach?

Land covenants place rights and obligations on the land/property you own. It is an instrument that is registered on a record of title for a property that runs with the land, which creates a legal obligation to do, or not to do, something in respect of the land/property. Such restrictions can relate to anything from the colour of your house or what you use the property for; to where you put your rubbish or park your vehicle. These restrictions are commonly found in new suburban subdivisions to maintain the quality of the neighbourhood. If you, or your neighbour, breach one of the...