Rent in Commercial Lease – Where do you stand?

In these unprecedented times where most businesses are either shutdown or forced to work remotely, does a tenant have to continue to pay rent and outgoings to the landlord for the premises that are leased? Some clarity can be found in the Sixth Edition 2012 (5) of the standard Deed of Lease prepared by the Auckland District Law Society (“ADLS Lease”). In the wake of the Christchurch earthquake many businesses/tenants were prohibited from entering their premises due to safety concerns regarding the stability of the building. This created a unique situation where tenants were still liable to pay rent and
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Covid-19 Update

Who would have thought at the beginning of the year that by March we would all be in lock down, staying and working from home. These really are unprecedented times and I’m sure we all feel like we are in a science fiction movie. But at least we are not alone. We are all in this together and we have technology. How do the Covid-19 restrictions affect our legal services? Our Neville Street office is closed and we are all working from home. Our software is on the cloud so we can continue to access our data and the programmes
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What to know when building a house with a building company

Building a house can be a stressful, expensive and intimidating prospect for both new and experienced customers. As such, ensuring you are aware of not only your rights and obligations, but also those of the builder, is crucial. Prior to even hiring a builder, you should complete your own due diligence on:  the builder,  your financial position,  the requirements of your lender during the build (if any),  what consents are required and when they should be applied for,  whether the building quote encompasses all aspects of the build (consents, labour, materials, mark-up, subcontractors, architects input
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The Queens Chain

Historically, the term ‘chain’ has been used to express a unit of measurement in respect of land and distance. Coincidently, the “Queen’s Chain” describes the kilometres of Crown land which exists throughout New Zealand to provide the public with access to coastlines, rivers, lakes and native bush. In reality, the Queen’s Chain is a term describing what is now generally accepted as the marginal strips of land or esplanade strips, which are normally 20 metres wide and adjoining many lakes, rivers and the foreshore. It can also include land which has been retained by the Crown for conservation purposes. These
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Different ways titles are held – Fee simple, cross-lease, unit title, leasehold

The title is how land information and ownership is recorded. It includes a plan of the land including the lot number and size of the land. It records who owns the property and any interests in the land such as, mortgages and easements. There are several ways that land can be held. These include fee simple, cross-lease, unit title and leasehold. A fee simple title is where the property is owned freehold and is the most common form of ownership. There are no restrictions on this type of ownership. A cross lease title is where there are several people who
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I have been named an executor of a will, what do I do now?

When a loved one passes away it can be a stressful time for the family. This is made easier when the deceased has left a Will which names their executors and clearly states their wishes. This can include directions as to burial or cremation and specific wishes for their funeral. The role of an executor is to administer the deceased’s estate. The first step is to get a list of the deceased’s assets and liabilities. If these exceed a certain amount (currently $15,000) then an application for Probate is required. What is “Probate”? Probate is a court order that formally
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The Hague Convention

The Hague Convention (“HC”) is the international law that governs the abduction of children. Abduction is defined as taking children from a country without the consent of their parents or guardians. Essentially, the HC regulates how countries interact with each other when a child has unlawfully been taken to another country. The HC’s objectives include securing the prompt return of a child wrongfully taken from a country and to ensure the rights of the custody for parents or guardians. It is important to note that the HC applies to moving children from country to country, relocation domestically (within New Zealand
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Christmas Marshmallow Balls

This delicious simple recipe comes from Jackie’s Mum. 100gms butter 1/2 cup brown sugar 1tspn. Vanilla  Pkt marshmallows 1/2 tin condensed milk  2 tabspns cocoa 1pkt crushed round wine biscuits. Coconut Melt the butter, sugar, vanilla essence, condensed milk and cocoa together. Mix in the crushed biscuits. This is easiest to do in a food processor. Cut the marshmallows in half. Roll in coconut and set in the fridge.
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Protection of Personal and Property Rights Act

The purpose of the PPPR is to protect the personal and property rights of people who are not capable of managing their own affairs. This includes, but is not limited to, someone who is mentally ill, has an intellectual disability, or a brain injury that will affect their mental capacity. There are numerous orders that can be granted under the PPPR, but the most common are an Order for Appointment of Welfare Guardian and an Order to Administer Property. The Order for Appointment of Welfare Guardian relates to the welfare of an incapacitated person (“subject person”). A person will apply
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Sexual harassment in the workplace – what to do?

The Employment Relations Act 2000 (“ERA”) and the Human Rights Act 1993 (“HRA”) cover the in-depth processes, remedies and forms of general and sexual harassment in the workplace for New Zealand employees. The Ministry of Business, Innovation and Employment has listed the conduct that is defined as “sexual harassment” in the workplace, and a number of examples of forms of sexual harassment on their website. If you are subject to sexual harassment in the workplace then you can seek to have this resolved either formally or informally. In either case, we suggest that if you are faced with the situation
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