Personal Property Security Register – Tips to protect your position
When a customer is insolvent, or when you are trying to collect a debt, it is often too late to secure your position. We would recommend all clients consider the benefits of PPSR registrations for their business at an early stage. There are many aspects to utilising the PPSR and ensuring that your company’s position […]
Adjudication 101
Adjudication is a fast-track dispute resolution process for the construction industry, administered under the Construction Contracts Act 2002 (“CCA”). Adjudication provides a faster alternative than the District Court or High Court for resolving disputes between parties to a construction contract. Adjudicators (the decisionmakers) have substantial freedom in determining a dispute, including powers to engage their […]
Landlord vs Tenant
With the Christchurch rental market being the most competitive it has been in years, it is easy to lose sight of what is required of you as a landlord or tenant when you are navigating this new environment. In recent times, the Christchurch residential rental market has become more challenging to prospective tenants. In 2021, […]
Disputes Tribunal jurisdiction increase – How Can it Help Me?
Doubling the jurisdiction of the Disputes Tribunal will make it a much more viable, attractive, and more commonly used option to resolve many disputes. It is, therefore, useful to be aware of the key advantages and disadvantages with bringing a claim in the Disputes Tribunal. Advantages Less expensive The costs associated with going through the […]
Company creditors and claw-back
To set the scene we introduce a hypothetical example of Paver John (PJ). PJ enters into a contract with XYZ Builders (XYZ) to perform stone paving works at a development XYZ was working on for a contract price of $100,000. PJ and his team worked tirelessly over several months to complete the paving works to […]
If there is a will, is there a way?
Disgruntled and vulnerable family members have long had the ability to claim against an estate under the Family Protection Act 1955 (FPA) where they have not been adequately provided for in a will. However, with the Law Commission recently publishing its review on succession law in New Zealand, there is scope for the FPA to […]
Guarantees – the devil is in the detail
The background The trustees of the Winchester Trust agreed to lend money to a company set up by Mr Brougham and Ms Dey. The loan to the company was recorded in a term loan agreement which contained a condition precedent that any persons named as guarantor must have signed a separate deed of guarantee and […]
Franchise Disputes
A recent decision of the High Court, Green Acres Franchise Group Limited v L & K Ferrick Limited [2021] NZHC 997, illustrates the powers of the Court to intervene where a franchisee is said to be operating in breach of a restraint with the benefit of confidential information. The background The plaintiff, Green Acres, was a nationwide […]
Proposed changes to the Construction Contracts Act retentions regime
The key proposed changes What next The bill will now progress through Parliament and, if passed, will come into force 6 months later.
Key Updates in New Zealand’s Insurance Laws: Understanding the Contracts of Insurance Bill
This is a significant milestone for policyholders, insurers, and the insurance industry as a whole. With a focus on fairness, clarity, and accessibility, the proposed changes will help bring New Zealand’s insurance laws in line with international best practices—something that has been overdue for many years. For anyone holding insurance policies—whether personal or commercial—it’s important […]
Debt recovery 101
Unfortunately, debt recovery is part of running a business. The start of a new calendar year and the impending end of the financial year is as good of a time as any to undertake a debt recovery health check for your business. Too often businesses take stock of their debtor position when it might already […]
An Update for Southern Response
If you are a Canterbury homeowner who settled with Southern Response prior to 1 October 2014, you may be entitled to compensation. Background In the High Court decision of Southern Response Earthquake Services Ltd v Dodds [2020] 3 NZLR 383 the Court found that Southern Response had misrepresented the cost to rebuild the Dodds’ house by providing […]
Alternative dispute resolution
Alternative Dispute Resolution (“ADR‟) is a collective term that describes a wide range of processes used to resolve civil disputes. They are an alternative to the more traditional means of resolving disputes by way of litigation. Court litigation is adversarial by nature. Judges impose their own decisions on the parties, so the process tends to […]