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.

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...

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...

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...

What is a Calderbank offer, and when it should be used?

A Calderbank offer, otherwise known as a “Without Prejudice Save as to Costs” offer, is a tactic that can be used to settle a dispute for a lower amount and avoid going to a court trial. This tactic is named after a case from 1975 in the English Court of Appeal, between Mr and Mrs Calderbank. A Calderbank offer is an offer made by one party to the other side of a dispute. It puts the other side on notice that if...

Points of interest on drug and alcohol testing in the workplace

Drugs and alcohol can make an employee less effective, struggle to concentrate, careless, unable to make rational decisions, amongst other behaviour changes, but most importantly of all a hazard to themselves and other employees. Employers have an obligation to take reasonable measures to provide a work environment for their employees and others, that minimizes the hazards at work. What is a hazard and what is reasonable?: As defined at clause 16 of The Health and Safety at Work Act 2015 (“HSW”) a...

Overview of Residential Tenancies Amendment Act 2019

The Residential Tenancies Amendment Act 2019 (“RTAA”) was passed on 30 July 2019 and came into effect on 27 August 2019. The RTAA addresses key issues that have implications for both landlord and tenant including: tenant liability for damage, insurance statements, contamination of premises and unlawful residential premises. Tenant liability for damage: The RTAA provides that if tenants or their guests damage a rental property due to their careless behaviour, the tenant will have to pay for the cost of the...

Bramwell Bate News

Snippets

The role of the executor Often when you are asked to be the executor of a will, you accept the role without truly knowing its parameters. While not wishing to deter anyone from accepting the responsibility to carry out this very important role, you must understand what it entails. When a member of the family or a close friend asks you to be the executor of his or her will, you should seek some legal advice before you say yes. Often the...

Further change to gun laws

Following the amendments to the Arms Act 1983 (“the Act”) that came into force on 11 April 2019, a second tranche of proposed changes, the Arms Legislation Bill (“the Bill”), is currently under review by the Select Committee. This next step in the reform of the Act looks to establish a firearms registry and amend licensing requirements with the intention of reinforcing positive behaviour that is required of firearms owners. Not much is currently known about the firearms in New Zealand...