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Assigning Contracts

It is common for people to agree to an “assignment” a contract. However, at law, an “assignment” can only transfer the benefit of a contract and not the burden. The common use of the term “assignment” in these circumstances is not correct. A contractual benefit, such as a right to receive payment of a debt, …read more

Notice of meetings – requirements and good practice

In this article we highlight the requirements for adequate and correct meeting notices (for Societies and companies), look at good practice and also draw your attention to some of the common pitfalls (which can actually lead to the proceedings of the relevant meeting being declared invalid). The rules for meetings differ depending upon the legal …read more

Documenting Company Decisions – Agenda and Minutes Pack

It is common for people in a company, incorporated Society or trust to want to take a “common sense” approach to decision making where legal processes require something more formal that may seem unnecessary. Sometimes the reasons for cumbersome processes are not clear. Surely they do not need to be followed all of the time? …read more

Using Company Powers of Attorney can avoid risks

Alternate Directors are a common feature of Company Constitutions and are widely used. However, in many cases, the alternate directors do not understand that their risks and obligations are the same as the ordinary directors. If this was more widely understood, we suspect that the use of alternate directors would significantly reduce. The Companies Act …read more

Pre-approved finance – read the fine print

Many house hunters arm themselves with pre-approved finance offers from their bank to assist their chances when hunting for their dream home or investment property bargains. What many purchasers don’t realise is that the fine print in the pre-approved finance offers requires the bank to be satisfied that the house being purchased will provide adequate …read more

Making a request for official information

As we are all aware, more and more information about us is being held by more and more government and other agencies, but how do we go about finding out what information is held, or obtaining a copy of it? The short answer is by making a request for official information. In this article, we …read more

Lease Renewals – don’t overlook those important dates.

Landlords and tenants, must ensure that they diary future rent review, renewal and expiry dates in respect of any existing commercial leases. The majority fo commercial tenancies are on one of the Auckland District Law Society (“ADLS”) Deed of Lease* forms. and, in the main, the provisions of the last few versions have remained consistent …read more

Know your rights when shopping for gifts

So what rights do you have when buying and returning presents? The Consumer Guarantees Act and the Fair Trading Act both have the role protecting consumers. The Consumer Guarantees Act covers the sale of goods (includes second-hand) and services purchased for domestic, personal and/or household use. The Act also applies to gifts so if you …read more

Gifts, trusts and subsidies

Many people are confused about whether it is now appropriate to gift substantial assets to Trusts or to family members following the abolition of gift duty from 1 October 2011. The answer to that question requires an assessment of current and future risks including the likelihood that you may need to rely upon a Residential …read more

Restraint of trade – what is reasonable?

Many employment agreements contain restraints of trade clauses but there is considerable uncertainty about whether or not they have any effect. A well drafted and reasonable restraint of trade clause for which consideration has been given is enforceable and necessary to prevent an employee taking unfair advantage when they leave. However, the Courts are less …read more