By Ben France-Hudson* Recent comments in legal publications suggest dissatisfaction with the courts’ approach to the test for untenantability under clause 26.1 of the ADLS Inc Deed of Lease (LawTalk 789, 17 February 2012, page 12). There is limited judicial discussion of untenantability. The current approach can be traced back to Justice Robertson in DFC ... More about What does ‘untenantable’ mean?.
The following inquiries about wills were advertised in New Zealand Law Society publications during April 2012. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death (if applicable), details of ... More about Wills Inquiries advertised in April 2012.
The following inquiries about wills were advertised in New Zealand Law Society publications during March 2012. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death (if applicable), details of ... More about Will Inquiries advertised in March 2012.
The following inquiries about wills were advertised in New Zealand Law Society publications during February 2012. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death (if applicable), details of ... More about Wills Inquiries advertised in February 2012.
The new-found celebrity status of Kim Dotcom and his lavish lifestyle, arrest and multiple bail hearings have, if nothing else, focused the spotlight on the ongoing dilemma of how to deal with online infringement of IP rights. So have the recent US bills − SOPA (Stop Online Piracy Act) and PIPA ( ... More about The Unsolved Problem of Online Infringement.
The following inquiries about wills were advertised in New Zealand Law Society publications during January 2012. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death (if applicable), details of ... More about Wills Inquiries advertised in January 2012.
The following inquiries about wills were advertised in New Zealand Law Society publications during December 2011. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death (if applicable), details of ... More about Wills Inquiries advertised in December 2011.
The following inquiries about wills were advertised in New Zealand Law Society publications during November 2011. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death (if applicable), details of ... More about Will Inquiries advertised in November 2011.
This information has been provided to the New Zealand Law Society by the Ministry of Justice and is intended to assist lawyers who want to apply for approval to provide legal aid services. All legal aid lawyers who were listed providers and had a practising certificate at 30 June 2011 have transitional ... More about Ministry of Justice guidelines for legal aid provider applications.
The Registrar-General of Land says that overall, the e-dealing system is working well and lawyers take their obligations seriously – but there is still room for improvement. Robbie Muir says lawyers need to be particularly careful when certifying and signing transactions. “They need to confirm they have all the ... More about Quality control of e-dealing.
The following inquiries about wills were advertised in New Zealand Law Society publications during October 2011. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death, details of last-known residence, ... More about Wills Inquiries advertised in October 2011.
Tikanga Māori, like common law, is a set of rules developed over centuries based on commonly understood concepts such as fairness and equity, but unless explicitly provided otherwise it does not play a part in New Zealand’s Westminster-based legal system. This can cause difficulties for lawyers representing Mā ... More about Tikanga Māori and the legal system.
The following inquires about wills were advertised in New Zealand Law Society publications during September 2011. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death, details of last-known residence, ... More about Wills Inquiries advertised in September 2011.
To comment or not to comment: that is the question. What is the best way to react when a camera and/or a microphone is thrust in your face? How do you engage with the media in a way that is most beneficial to your client? Don’t avoid the ... More about Making comments to the media on behalf of your client.
The following inquires about wills were advertised in New Zealand Law Society publications during August 2011. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death, details of last-known residence, ... More about Wills inquiries advertised in August 2011.
The following inquires about wills were advertised in New Zealand Law Society publications during July 2011. The inquiries ask any lawyer holding a will for the person named to make contact with the inquirer. The information shows the name of the deceased or testator, date of death, details of last-known residence, ... More about Wills Inquiries advertised in July 2011.
Wellington barrister Peter Taylor spent 10 years as General Counsel at the Commerce Commission before joining Waterfront Chambers. He has a number of thoughts on working with the commission. In this article, Mr Taylor answers a series of questions. What is the commission’s main role? The Commerce Commission is sometimes ... More about Working with the Commerce Commission.
by Campbell MacDiarmid, Journalist, New Zealand Law Society Since 2008, a handful of lawyers have taken up the opportunity afforded by the Lawyers and Conveyancers Act 2006 to sell real estate, but a new service aims to get every property lawyer in New Zealand selling houses. Current New Zealand Law Society Registry ... More about Lawyers challenge traditional real estate model.
The Privacy Commissioner has released a case note on the charging of lawyers by local authorities for the provision of rates information (Case Note 209742 [2010] NZ Priv Cmr 21). The Commissioner says a number of lawyers had complained about local councils charging a fee upon a request for rates information on behalf ... More about Privacy Commissioner Case Note considers charging of lawyers for providing rates information.
Do you need to update your Will?… At the end of 2010, media reports from the Financial Review of the Public Trust being conducted by Parliament’s Commerce Select Committee have indicated that the Public Trust is deeply unhappy with the level of government funding it receives. Public Trust chief executive ... More about The New Zealand Wills market and the Public Trust.
An estimated 1-1.5 million Facebook profiles globally will outlive their owners this year. It is safe to assume that many of these users have never considered what will happen to their online information after they die. As more and more information is stored online, this question will increase in importance. ... More about Digital death.
Practitioners acting for trusts in the context of e-dealing transactions sometimes encounter difficulties obtaining the requisite authority from an outgoing trustee. It is important to recognise that the usual conveyancing requirements apply in these circumstances – there are no easy shortcuts. In the absence of a suitable power of attorney or ... More about Evidence of authority for e-dealing: trusts and trustees.
When Landonline firms amalgamate or consolidate multiple branches, Land Information New Zealand (LINZ) needs to merge them in Landonline. For this to occur, a letter signed by a partner/director of both merging firms is required advising that a merger is occurring, or that a firm wants to consolidate their ... More about Landonline and firm merger notification requirements.
Some law firms have been charging LINZ disbursements/registration fees at a higher than cost rate, which they justify as being a recovery of their Landonline licence fees or overheads. On the invoice, firms should account for the actual disbursements incurred, that is the registration fees paid. Lawyers owe a ... More about Invoicing for LINZ registration fees/disbursements.
Older company records destroyed Some Companies Office records dated before 31 December 2002 have been destroyed. This follows a May 2009 review of Companies Office archived records. The review, conducted by the Registrar of Archived Documents, determined that many of those records no longer needed to be kept and they have either been ... More about Companies Office records.
A paternity search is a limited tool that does not necessarily reveal all of a person’s children, the Registrar of Births, Deaths, and Marriages (BDM) advises. Lawyers administering estates often approach BDM for paternity searches but there is no guarantee that such a search will reveal every child for ... More about Paternity search limits.
New Zealand’s tax laws can be complex, so it’s not surprising practitioners sometimes disagree with Inland Revenue on how to interpret the provisions. Achieving resolution isn’t always easy, and two years ago the New Zealand Law Society pressed for changes to the tax disputes process. What’s ... More about IRD tax disputes process.
Many business owners – and possibly some of their advisers – have still never used or even encountered the Personal Property Securities Register (PPSR). So what is the PPSR all about and can it be of any use to your clients’ businesses? The PPSR was established by the Government as a single, ... More about Personal Properties Security.