How to give a tenant notice and what to do if a tenant misses their rent

How to give a tenant notice and what to do if a tenant misses their rent

There are two types of tenancy agreements which a landlord and tenant can enter into: periodic or fixed term tenancy. Both have different notice periods required. Unpaid and late payment of rent is a breach of the tenancy agreement and the Residential Tenancies Act. It is always best to first contact the tenant, and notify them that a rent payment has been missed.

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Rural Leases

Rural Leases

A rural lease is a legally binding document which governs the relationship between the landlord and the tenant for the use of rural land. Often rural leases are entered into as a gentleman’s agreement with a handshake to seal the deal. This works fine until something goes wrong and/or there is a disagreement between the landlord and the tenant. It is always best to discuss and put in place a written lease when both parties are on good terms rather than in the middle of a dispute.

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Relationship Property

Relationship Property

The division of relationship property is regulated by the Property (Relationship) Act, the intention of which is to recognise fair division of the relationship property at the end of a relationship. There is a presumption of equal 50/50 division, unless this can be disputed or there are certain mitigating factors. Factors such as the length of the relationship, any dependent children and economic advantage and disadvantage may be considered.

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What happens when a person dies without a will

What happens when a person dies without a will

When someone in New Zealand dies without a will, dealing with their estate is more complicated than if they had died with one. Dying without a will is called “dying intestate”.

When you have made a valid will, in it you decide who will deal with your estate and how your assets will be distributed. If you die without a will, the Administration Act 1969 (“the Act”) is applied to determine who is entitled to be named as the Administrator of the deceased’s estate.

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Major transactions – your obligations as a director

Major transactions – your obligations as a director

A general principle of the Companies Act 1993 (the Act) is that the board of directors is appointed to manage and control the day-to-day operations of a company without having direct interference or oversight by shareholders (the owners of a company). However, some decisions may substantially change the nature or direction of a company and accordingly, the shareholders are required to approve these decisions. These substantial decisions are known as major transactions.

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What the fence?

What the fence?

Under the Fencing Act 1978, if a property owner chooses to build a new fence or refurbish an existing fence, the neighbouring property is expected to contribute 50% of the total price. The proposed fence must be “adequate” to reasonably satisfy its purpose. The neighbour is not expected to contribute 50% of the cost, if the current or proposed fence is more than adequate to serve its purpose.

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Terms of trade

Terms of trade

Time and time again, we are approached by disgruntled business owners and dissatisfied customers to help resolve disputes arising from deals made on the basis of informal arrangements. The law certainly assists in defining and clarifying certain aspects of the contractual relationship between parties. The starting point is usually a consideration of what the parties intended and agreed on at the time the goods and/or services were purchased. The intention of the parties is undoubtedly easier to determine with clear written evidence.

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Employment agreements from an employer perspective

Employment agreements from an employer perspective

An individual employment agreement (Agreement) is a written agreement that contains the terms and conditions of the employment as negotiated by an employer and employee. An Agreement is a useful tool with which the employer can set clear performance expectations, standards, processes and responsibilities for an employee before they start work. It is also used as a reference point in employment disputes.

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A review of Labour’s 100 Day Plan

A review of Labour’s 100 Day Plan

Before the election, the Labour Party laid out a plan with 18 key goals to achieve within their first 100 days in office. This 100-day Plan was adopted and implemented by the Labour-led coalition Government. This article aims to provide an analysis of the progress of some of the key goals as well as touching on some future policies that Labour intends to implement that may affect you.

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Proposed changes to the Employment Relations Act 2000 – What you need to be aware of

Proposed changes to the Employment Relations Act 2000 – What you need to be aware of

During Labour’s election campaign, the Party released a plan which detailed their intentions for their first 100 days in office (“100 Day Plan”).  Since the campaign, the Labour-led Government has released the proposed changes to the Employment Relations Act 2000 (“ERA”) which are predicted to affect New Zealand’s employment landscape significantly. In this regard, it is important to be aware of what changes Labour are proposing and how the changes may affect you.

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Trust Law Changes

Trust Law Changes

Family trusts are a practical structure for holding assets, particularly in New Zealand where there are approximately 300,000 to 500,000 trusts operating today. Currently, the Trustee Act 1956 and the Perpetuities Act 1964 contain provisions which need to be read in conjunction with case law regarding their operation, and do not keep up with present-day trust practices. Therefore, the updates regarding trust law under the current Trusts Bill (“Bill”) are long overdue, being the first significant reform for at least 60 years. The Bill will replace these Acts, clarify core trust concepts and create more practical trust legislation.

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Trading on Easter Sunday

Trading on Easter Sunday

Easter Sunday is not a public holiday, yet most businesses used to have to be closed on this particular day. However, changes to the Shop Trading Hours Act 1990 (the “Act”) that came into effect in August 2016 mean that all territorial authorities (city and district councils) now have the power to have a local Easter Sunday shop trading policy to permit shops to open on Easter Sunday in areas comprising the whole or part(s) of an authority's district. At least 25 of the 67 local councils in the country have already passed bylaws allowing shops to open on Easter Sunday.

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