What is a guarantee and indemnity? When approaching a lender for finance, they may request a guarantee be provided as security alongside the loan documents. A guarantee is a separate promise to the lender stating if the borrower doesn’t meet their obligations under the loan, you as guarantor will fulfil them. Lenders require you to …
Business needs change, and accordingly, when tenants under commercial leases are reviewing their leasing requirements they may decide that they no longer require the same area of premises. This may lead to a tenant transferring their rights under a commercial lease to another party by way of an assignment or sublease. In order to determine …
Commercial Leases – Key differences between an Assignment of Lease and a Sublease Read More »
If you are involved with sports clubs, religious groups, other community or social associations, or even certain iwi organisations – the new Incorporated Societies Act 2022 (the Act) may affect you and your organisation. At over 100 years old, the Incorporated Societies Act 1908 was no longer able to keep up with the needs of …
The Incorporated Societies Act 2022 – changes you need to know about Read More »
The Court of Appeal recently released a judgment concerning the scope of a restraint of trade clause, following the sale of a business. The business bought by the purchaser involved the manufacture, distribution and installation of partitioning systems and door systems, commonly used in office fit-outs. Shortly after the sale, the vendors bought another business …
Firstly, do you have a trade mark registration? If so, and if the other trader is using the same or a confusingly similar brand name in relation to the same or similar goods or services then it is likely you have the right to prevent the use and could make a request that the other …
Trade Marks – another trader is using a similar brand name, what can we do? Read More »
What is a trade mark? A trade mark is a badge of origin, it allows customers to distinguish the goods and/or services of one trader from those of another. The most commonly registered trade marks in New Zealand consist of words, slogans, or logos but registrations can also extend to other types of trade marks …
Trade Marks – what exactly are they and why do we need one? 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 …
An earlier version of this article was published on 23 August 2021. This revised version was published on 7 September 2021 to reflect the mandatory record keeping rules now being in force, and to include information published by the government after 23 August 2021. New Zealand is famous world wide for its Covid stopping Lockdowns. …
We advise clients on all aspects of commercial leasing, both landlords and tenants, many of which are currently dealing with the impacts of COVID-19. A common issue for commercial tenancies is payment of rent during periods where the tenant’s business cannot operate due to alert levels. This includes: The tenant’s ability to pay rent (as …
Commercial Leasing: Do you have to pay your rent during Lockdown? Read More »
A change to the Commerce Act makes cartel behaviour a criminal offence, with the risk of up to seven years’ imprisonment. What is a cartel and how can businesses avoid engaging in cartel behaviour, intentionally or accidentally (this includes small to medium businesses, not just those big corporates). For those unfamiliar, what is the definition of …
