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 $14,000) 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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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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Meth contaminated properties

Meth contaminated properties A property that has been used to manufacture methamphetamine, or has had methamphetamine smoked inside, can be contaminated with methamphetamine residue that can be present on the surfaces inside the property. A property used for manufacturing this illicit drug has different health implications than a property where the drug was just smoked. The manufacturing process potentially involves additional hazardous chemicals that can leave residue on surfaces. It is important to note that the most common method used in New Zealand for manufacturing methamphetamine does not involve solvents as used in other countries. Instead of the traditional glass
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Auction Preparation

Property is often purchased and sold in New Zealand, particularly in a seller’s market, via auctions. However, buyers frequently under prepare for an auction and are caught out when the hammer falls. When purchasing at auction, a buyer is making an offer unconditionally. In essence, this means that the highest bidder over the reserve (being the lowest sum that the seller determines it will sell at) is making a binding cash offer and entering a binding agreement with the seller. Accordingly, buyers need to have completed all of their due diligence investigations and asked all of their key questions before
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Alternative Dispute Resolution Series: Arbitration – How can it assist you?

Alternative Dispute Resolution (“ADR”) methods are an alternative option to going directly to court. Using ADR methods instead of pursuing the matter in court is commonly more cost effective for the parties involved, ADR may also take less time to resolve the dispute. ADR relieves the court of cases which they believe can be resolved without court assistance. This article is the second article in our ADR article series and will focus on arbitration. The arbitration process is governed by the Arbitration Act 1996 and the Arbitration Amendment Act 2007. Arbitration is a formal dispute resolution process whereby two or
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Going Fishing? – Know your Limits

If you enjoy recreational fishing you need to know your limits! There are strict laws stating how many fish you can take in one day and the length. In our region you can take a combined bag of 20 fish including, Snapper, John Dory, Moki and Tarakihi and up to 10 Snapper (must be 27cm in length).  For a full list of the limits click here https://www.fisheries.govt.nz/travel-and-recreation/fishing/fishing-rules/auckland-kermadec-fishing-rules/#twistie          Make sure you don’t venture into the Rodney-Otakari Point (Goat Island) Marine Reserve and the Tawaharanui Marine Reserve – these are special areas reserved for protecting species and habitats for future generations.   Remember you can’t sell or trade any fish or shellfish you catch recreationally. Although you can
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