An interesting response to New Zealand’s urban planning problem is recommended in the Productivity Commission’s Report, Better Urban Planning, which was released on 19 August 2016. Historically, New Zealand’s urban planning has developed without a great deal of guidance from central government, but this is about to change if the recommendations in the Report are …
Deciding whether an individual who carries out a task for money does so as an employee or in some other capacity is fundamental to the application of employment law. In an employment relationship, an individual agrees to provide his or her service to another in exchange for a wage usually exclusively. An independent contractor works …
All employees must be paid at least the minimum wage for every hour that they work. Minimum wage requirements apply equally to salaried employees. Problems can arise where salaried employees are employed in circumstances which require them to be available, or on call all day 6-7 days a week, and sometimes in to the evening …
Insulation Requirements The Residential Tenancies Amendment Bill (“the Bill”) comes into force on 1 July 2016. This will impose new obligations on residential landlords from this date in relation to insulation installed in ceilings and underfloors. If you are a social housing provider, and an income-related rent has been calculated for the tenants in a …
INTRODUCTION Leases are important — they are long-term, binding commitments. They may well be the largest investment that a tenant will make in its business. A well drafted lease can make the difference between a business succeeding or failing. For a landlord, a lease represents and protects a major asset and income stream. Although to …
The Environment Court has sent a sharp lesson to expert witnesses (and counsel) about the dangers of failing to comply with the Expert Witness Code of Conduct in two recent decisions. Britomart extension case The first case, Tram Lease Ltd v Auckland Council [2015] NZEnvC 137, involved an appeal by Tram Lease Ltd (TLL) against …
The Tram Lease cases – a salient reminder of an expert witness’ obligations Read More »
Introduction The new Financial Markets Conduct Act (“Act”) has changed the way in which disclosure in the financial markets sector is made, and to whom. Disclosure requirements were previously scattered throughout legislation and case law and it was often difficult to work out which investors required disclosure. This article provides a brief overview of the …
Despite the Unit Titles Act 2010 (“the Act”) being in force for over four years now, it is surprising that the disclosure regime outlined in the Act is sometimes still misunderstood and misapplied by sellers, buyers, real estate agents and Body Corporates. It is important for any discerning property investor to understand this disclosure regime …
Unit Titles Act 2010 – Body Corporate Disclosure Regime Read More »
Papakāinga development – turning aspiration into reality This article was published in the November 2014 edition of the Resource Management Journal. Introduction The recently announced Māori Housing Strategy cites planning restrictions as a key aspect of why Māori are under-represented in housing ownership. This article explores the increasing push by tāngata whenua for papakāinga housing …
Section 122(1) of the Resource Management Act 1991 (RMA) states that a resource consent is neither real nor personal property. However, resource consents are often treated as property given that a resource consent is inherently valuable to the consent holder. This is commonly witnessed in the practice of resource consents being bought, sold and leased …
