Bramwell Bate News

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Rural Leases

A rural lease (“lease”) is a legally binding document which governs the relationship between the landlord and the tenant for the use of rural land. Often rural leases are entered into as a gentleman’s agreement with a handshake to seal the deal. This works fine until something goes wrong and/or there is a disagreement between the landlord and the tenant. It is always best to discuss and put in place a written lease when both parties are on good terms rather...

First home buyers–The process of buying and what to look out for

If you have never bought a property before, it can be an intimidating prospect. We have broken down this process below and highlighted some things you may want to keep an eye out for along the way. The process can be split into about eight general stages (order may vary slightly). 1. Finding a house You can seek out houses either through a real estate agency or by a private treaty between the home owner and yourself. 2. Get a lawyer You will need to...

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Changes to the Food Act The Food Act 2014 (the Act) has been amended recently. The key change to the Act is the introduction of a scale assessing the level of food health and safety risk for each business dealing with food. This scale includes all food-related businesses, from multinational food processing companies to street-corner coffee carts. All food businesses must adhere to different levels of control depending on their risk. The Ministry of Primary Industries monitors this through: Food control plans – written...

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Terms of Trade

Time and time again, we are approached by disgruntled business owners and dissatisfied customers to help resolve disputes arising from deals made on the basis of informal arrangements. The law certainly assists in defining and clarifying certain aspects of the contractual relationship between parties. The starting point is usually a consideration of what the parties intended and agreed on at the time the goods and/or services were purchased. The intention of the parties is undoubtedly easier to determine with clear...

Personal Grievances–What needs to be considered when raising a PG

A personal grievance (PG) is a formal process in which an employee may raise a complaint against their employer if they have been dealt with unfairly or illegally. The grounds available to raise a PG are outlined in the Employment Relations Act 2000 (ERA), together with the process for raising a PG. The Grounds A PG means any grievance that you may have as an employee against your employer or former employer, including but not limited to the following reasons: Unjustifiable dismissal...

Employment agreements from an employer perspective–make sure your employment agreements, and their clauses, stand up against the law

An individual employment agreement (Agreement) is a written agreement that contains the terms and conditions of the employment as negotiated by an employer and employee. An Agreement is a useful tool with which the employer can set clear performance expectations, standards, processes and responsibilities for an employee before they start work. It is also used as a reference point in employment disputes. It is a requirement of the Employment Relations Act 2000 (the Act) that the employer holds a copy of...

Commercial leases–what to look out for

A commercial lease (Lease) can be a complicated agreement with binding implications for both the landlord and tenant. Before you enter into a Lease, it is vital that you understand the rights and responsibilities of each party. The following are some of the more notable points of a Lease for your consideration when negotiating and/or reviewing your Lease. One of the most basic but important considerations of a Lease is the renewal dates. A common wording for a renewal clause is...

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Residential Land Withholding Tax – What is it and does it apply to you? Residential Land Withholding Tax (“RLWT”) is a tax deducted from residential property sales if the following applies: 1. The property being sold is residential land in NZ. 2. The sale amount is payable or paid after 1 July 2016. 3. The seller: (a) Bought the property on or after 1 October 2015 through to 28 March 2018 inclusive and owned it for less than two years before selling; or (b) Bought the...