Being arrested or summonsed to Court can be a life-changing process. Having to navigate an unfamiliar process and make decisions, often under time pressure and sometimes with public scrutiny, is hugely stressful. But having the help of experienced, knowledgeable advocates who can navigate both the law and the emotional journey of the Court process makes …
A new law has come in affecting how creditors can take enforcement steps against borrowers and guarantors of farm debts. The Farm Debt Mediations Act 2019 (FDMA) came into force in 2020, which prevents secured creditors from taking enforcement action in relation to farm debts without taking certain steps. What is a farm debt? A …
Mandatory Farm Debt Mediations – what you need to know Read More »
Trustees and beneficiaries of trusts should be aware of a recent court decision, which clarifies two factors that trustees can take into account when deciding whether to distribute trust assets. In December 2021, the Court of Appeal’s decision in Kain v Public Trust [2021] NZCA 685 has given trustees some guidance on whether two types …
Update on trust law – can a trustee consider settlor wishes or other trust benefits? 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 Fire and Emergency Act 2017 (“Act”) and the Fire and Emergency New Zealand (Fire Safety Evacuation Procedures and Evacuation Schemes) Regulations 2018 (“Regulations”) place legal obligations on building owners to implement fire safety precautions. This article focuses on fire evacuation procedures and schemes. A building owner’s obligations can vary depending on the design, use …
Calling building owners – your obligations under the Fire and Emergency Act 2017 Read More »
One of the major risks of being a director is the liability you face if the company fails. Thanks to a new decision from the High Court, this risk has just become a lot higher. When a company fails, directors often face a risk that they will be sued for having breached their director duties. …
Trade Better – What Mainzeal means for Directors Read More »
People making a Will normally think that they can do what they want with their own property. Since this is true for people during their lifetime, many are surprised to learn that their Wills can be challenged after their death if they do not meet certain requirements. This article talks about the main ways that …
Many small companies – especially family-owned or “owner/operator” businesses – have the same directors and shareholders. In these companies, it is common practice for shareholders to have a “shareholder current account”, also referred to as “drawings”. The current account is a debt that can be claimed by the Company against the shareholders. While most shareholders …
Risks of Small Companies Operating a Current Account Read More »
The Supreme Court’s decision of David Browne Contractors Ltd v Petterson [2017] NZSC 116 was released this earlier week. Summary In summary, the Supreme Court has held that “due debts” in the voidable transactions regime (s292 of the Companies Act 1993) includes both present and contingent debts. In this case, the directors of a company …
Voidable transactions and contingent liabilities: the latest from the Supreme Court Read More »
On 1 August 2017 the Tribunals Powers and Procedures Legislation Bill was introduced into Parliament and amongst other changes increases the jurisdiction of the Disputes Tribunal from $15,000 to $30,000. In practice this means many more claims will come within the jurisdiction of the Disputes Tribunal. A further significant change is that the Real Estate …
Proposed Changes to Tribunals increase Dispute Tribunal Threshold Read More »
