Every Purchaser, subject to the rights of any tenant, may enter the property on one occasion prior to the settlement date to examine the property, chattels and fixtures that are included in the sale. This is usually done in the day or two before settlement, as by then the Vendor should have started to pack …
The recent Supreme Court decision in Tourism Holdings Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [2021] NZSC 157 (“Tourism Holdings”) held that commissions can form part of an employee’s ordinary weekly pay for the purposes of calculating holiday pay if they are made substantively regularly and temporally regularly. Holidays …
Supreme Court decision on commission payments and holiday pay Read More »
What is the new law? On 2 November 2021, Parliament passed the COVID-19 Response (Management Measures) Legislation Act 2021. The legislation inserts provisions regarding an implied term for commercial leases in the Property Law Act 2007 (PLA). The purpose of the amendment was to ensure that commercial landlords and their tenants work together to share …
Commercial leasing during COVID-19 – new law inserting fair rental provisions Read More »
In a recent decision, the Court of Appeal confirmed that payments under discretionary incentive bonus schemes do not fall within the definition of gross earnings under the Holidays Act 2003 (“the Act”). Holidays Act 2003 When calculating payment for holidays under the Act, employers must take into account “gross earnings” as defined in section 14(a) …
Holiday pay decision on discretionary incentive bonus schemes overturned Read More »
Purchasing a kiwifruit orchard comes with lots to think about and plenty of due diligence to undertake. Often the purchase will be conditional on these further investigations, so what is important to consider? For most orchardists, water and compliance are key considerations. Often water is sourced from a bore, either on the land itself or …
So, after successfully entering into an Agreement for Sale and Purchase for the property of your dreams and having completed your due diligence, you rightfully decide to enjoy a celebratory tipple of having reached unconditional status. The phone then rings, it’s the Real Estate agent advising you of the catastrophically bad news the property has …
The Government last week introduced the Resource Management (Enabling Housing Supply and Other Matters) Bill (the Bill) to Parliament, which is the result of collaboration between New Zealand’s two major political parties. The collaboration itself signifies the seriousness of Aotearoa’s housing supply issues, with the Bill aimed at introducing mechanisms to mitigate these issues. The …
Intensification in New Zealand’s big cities to cool the housing market and the climate Read More »
Forest and Bird and Bay of Plenty Regional Council have agreed to include kauri dieback disease in the Exclusion Programme of the Bay of Plenty Regional Pest Management Plan. Kauri dieback disease is a pathogen (Phytophthora agathidicida) that kills native kauri trees by starving them of nutrients and water. It is difficult to manage because …
Pest Management Plan ups the fight against kauri dieback disease in the Bay of Plenty Read More »
The Government has announced a significant expansion of the mandatory employee Covid-19 vaccination requirement, saying that vaccination is “critical to preventing the spread of COVID-19”. Based on the announcement, by the beginning of 2022, many health sector workers, and most early childhood, primary, and secondary education sector workers, will be required to have received two …
Vaccination mandate expanded to health and education sectors Read More »
Are there benefits of converting cross lease titles to fee simple? Cross leases are a type of title which were favoured in the 1960s by developers as a means to complete a subdivision in a flexible, expedient and less costly manner when compared to fee simple subdivisions. Cross leases are made up of two components. …
