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Govett Quilliam
1 Dawson Street
Private Bag 2013
DX NP90056
New Plymouth Central
New Plymouth 4342
Phone (06) 768-3700
Fax (06) 768-3701
email@gqlaw.co.nz
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Our Expertise
Commercial
Property
Rural
Trust and Asset Protection
Family
Court and Disputes Resolution
Employment
Environment and Resource Management
Local Government and Regulation
Elder Law
Immigration
Construction
Publications
Newsletters
December 2011
IN THIS ISSUE: Counterfeit and Illegal Goods - New Powers Granted to the State, Christchurch Earthquake to Trigger Changes to Resource Management Act 1991, Frustrated Contracts, Child Support Changes, Buying and Selling a Unit Title Property, Snippets
September 2011
Protecting Your Intellectual Property From Trading Risks Alcohol Reform Bill, Crimes Amendment Bill No. 2 - Protection of Children, The Unit Titles Act 2010, Snippets, The Coroners Court
June 2011
IN THIS ISSUE: The Marine and Coastal Area (Takutai Moana) Act 2011, Sleeping on the Job, Consumer Law Update, Changes to Manage Legal Aid Spending, Copyright (Infringing File Sharing) Amendment Bill, Employment Law Update, A King or a Queen-The Law of Succession.
March 2011
IN THIS ISSUE: Creating a Culture of Charitable Giving, Off the Richter, Changes to the Employment Relations Act, Gift Duty to be Abolished, Changes to the Holidays Act, Email Disclaimers, Your Rights: Consumer Guarantees Act
December 2010
IN THIS ISSUE: 90 Day Trial Periods,Directors Right to Rely on Specialist Advice, Alcohol Law Reform Package, Company Rules to be Tightened,DNA Collection, Government Response to Canterbury Earthquake, Wills and Property Ownership
August 2010
IN THIS ISSUE: Paths, Terrain and Automobiles - What is Reasonable Access to Land? Director's Duties, Police Safety Orders, Animal Welfare Bill, Snippets, Emissions Trading Scheme in the Agricultural Sector
May 2010
IN THIS ISSUE: Restructuring: The Three D's, Three Strikes Law, Shake Up for Legal Aid, Criminal Recovery (Proceeds) Act 2009
February 2010
IN THIS ISSUE: Employment Update, Family Court - Early intervention Programme, Franchise Agreements,Real Estate Agents Act 2008, Trust Beneficiaries' Rights to Information
November 2009
IN THIS ISSUE: The New REINZ Plain English Sale and Purchase Agreement, The Partial Defence of Provocation Unit Titles Law Change Updated, Trustee Duties, Changes to the District Court Rules
August 2009
IN THIS ISSUE: Government Targets Drugged Drivers, Every Rose has its Thorn, How to Secure Your Debts, Cross Lease Ownership, The Hague Convention
June 2009
IN THIS ISSUE: Redundancy, Mortgagee Sales, Domestic Violence Reforms, Look Before You Leap - Family Trusts and The Family Protection Act, Farm Sale Time Again
March 2009
IN THIS ISSUE Through the Looking Glass.Privacy Issues Under the Spotlight Subdividing? 90 Day Trial Periods Introduced How Urgent is it Really? Consumer Guarantees Act - An Overview
December 2008
IN THIS ISSUE: More Trouble in Paradise, These Boots are Made for Walking - The Walking Access Act 2008,Children's Participation Increased by Changes to Family Courts, Time Limits in Civil Claims, Family Trusts - Some Common Pitfalls
August 2008
IN THIS ISSUE: Green Leases - The Way of The Future, Protect Your Business From Bad Debtors, Employment Relations (Amendment Act 2007), Enduring Powers of Attorney - Significant Changes
June 2008
INSIDE THIS ISSUE: New Disclosure Obligations for Investment Advisers & Brokers, Contracting with Young People - The Minors Contract Acts 1969, Are You in a De Facto Relationship?, Limited Partnerships Act 2008, Charities Act Update, Taser Update
March 2008
IN THIS ISSUE: The New Property Law Act, The Disputes Tribunal, Room with a View, New Zealand's Emissions Trading Scheme, Violent Students, Consumer Guarantees Update
December 2007
IN THIS ISSUE: Internet Banking Fraud - Are you Protected? Greater Security Surrounding Finance Companies, Conditional Agreements - Home Buyers' $300,000 Mistake, Don't Get Caught Napping - Changes to the Personal Insolvency Regime, Anti-Spam Law
October 2007
IN THIS ISSUE: The Importance of Having a Will, Evicting a Troublesome Tenant - The Salt Case, Heritage Trees, Relationship Property - Contracting Out Agreements, Updates: Anti-Smacking Legislation, Party Pills, Wills
June 2007
IN THIS ISSUE: Thinking About Renting Out Your Home Or Investment Property?, Economic Disparity Claims, Update On The Charities Register, Retirement Villages - Legal Titles, Copyright (New Technologies and Performers' Rights) Amendment Bill, An Overview of Dispute Resolution Procedures
March 2007
IN THIS ISSUE: Reverse Mortgages, Managing a Subdivision, The "Anti-Smacking" Bill, Trust - The Paperwork is Crucial, Trust Deeds Legal Definitions, Unit Title Development - Is your Consent needed
Articles
Buying or selling a house - What happens on Settlement Day - 1 February 2012
Buying your first home is one of the most important investment decisions you will ever make. It is important to remember that on settlement day, there are sometimes hold-ups which may prevent you moving in as soon as you would like.
Farm Dairy Effluent Discharges can be Costly - 26 January 2012
There's no denying that most farmers in New Zealand work hard to manage their farms efficiently and responsibly. However even the most careful farmer can find themselves in the proverbial muck if farm dairy effluent is discharged contrary to a resource consent, a regional plan or a national environmental standard.
Enduring Powers of Attorney - 20 January 2012
An Enduring Power of Attorney ("EPA") is a legal document that sets out who can take care of your personal or property matters if you cannot. This person is called your Attorney.
Guardianship and Separation - What you need to know - 6 December 2011
A guardian is a person who has the duties, rights, responsibilities and powers associated with bringing up a child. It is a common misconception that when parents separate the parent that has the day-to-day care of the child is the only one that can make decisions about the child's upbringing.
Buying a Business - Take Care - 15 November 2011
If you have never been in business before buying a business can be daunting and perilous if you do not get it right. Before you start you must first honestly ask yourself whether you are the type of person who is "cut out" to handle the stress and pressure of successfully operating a business.
Welcome Home Loans - 29 November 2011
Managing to save for your first home and continuing to pay market rentals is a struggle for some people. A scheme has been introduced to help you if you are in this situation and it may be suitable to you.
Personal Grievances - Unjustified Disadvantages - 24 November 2011
Personal grievances are sometimes submitted by disaffected employees who have been dismissed. The most common is the submission of a personal grievance for an unjustified disadvantage. In short, the employee will claim that the conditions of their employment have been disadvantaged unjustifiably and accordingly that they are entitled to compensation for this unjustified disadvantage.
Forestry and Carbon Credits - 3 November 2011
Even if you don't consider yourself to be a forester, you might fall under the Emissions Trading Scheme. It is important you are aware of the Scheme and whether you have pre-1990 or post-1989 forest land.
Gifting - What do I need to know? - 25 October 2011
The Government have recently enacted a change to the law which abolishes gift duty. The most important message that we can send to our clients is to be clear about the reasons for undertaking any asset protection structuring and from this to identify which risks will need to be managed when setting up your structure and completing gifting.
The Hague Convention - 18 October 2011
In May 1991 New Zealand signed up to the Hague Convention on International Child Abduction. The Convention is a means by which a person, usually a parent or guardian, can seek to have a child returned who has been taken from one country to another without their permission
Adoption - 14 October 2011
Wondering about the ins and outs of adopting? Have a read of our article on the Adoption Act 1955.
Orthopaedic surgeons cut tax to the bone - 5 October 2011
The landmark Supreme Court decision in the "Penny and Hooper" company structure and trusts tax avoidance case came about after the respective tax payers dropped their income over one year from $650,000.00 to $120,000.00 in one case and from over $300,000.00 to $100,000.00 in the other.
Statutory Demands - useful debt collection tool? - 20 September 2011
In these difficult economic times, minimising bad debts is critical for any business. Increasingly, businesses are opting to issue statutory demands in an attempt to recover debts, but is this an appropriate debt collection tool?
Party party party.... How can Party Central expand so quickly? - 16 September 2011
Local and National Governments often blame each other when things go wrong especially with planning for international events. How can central Government patch up the size of the party fan zone and transport solutions in less than a week? Normally resource management consents are difficult to fast track.
Copyright (Infringing File Sharing) Amendment Act 2011 - 8 September 2011
The Copyright (Infringing File Sharing) Amendment Act seeks to tackle online piracy including unauthorised movie and music downloads.
I've got a Trust, so what now? - 2 September 2011
Do you have a Family Trust? Wonder what you should be doing with it? Trusts require regular care and administration to ensure they perform at their best.
New Super Regulator with Super Powers? - 26 August 2011
Will the recent establishment of a new financial markets regulator win back the confidence of investors, whether small or large, given the harsh lessons handed out particularly to ordinary investors in recent years?
Employing Overseas Workers - 11 August 2011
Do you need to know how you should go about employing overseas workers?
Neighbours and Trees - 20 July 2011
Disputes over trees are a common cause of bad feeling between neighbours - especially when they block sun, when roots choke drains or when leaves from overhanging branches litter well kept property. What actions can you take?
How is a law firm involved when a family member dies? - 7 July 2011
Are you unsure about how a law firm is involved when a person dies?
Doing Business in Australia - 27 June 2011
Time to open a branch in Australia or move your operation across the ditch?
Blogging and Cyber Privacy Red Faces - 17 June 2011
Last year Google created its social networking mini-blog site called "Buzz". They received an adverse reaction by users who did not realise that Buzz could automatically select people for the user to follow based on those they contacted most.
Do you know where you stand with the Emissions Trading Scheme? - 10 June 2011
Do you have any forestry on your land? Even if you don't consider yourself to be a forester, you might fall under the Emissions Trading Scheme (ETS) rules
"Copyright" or "Copywrong"? - 3 June 2011
What represents trade mark infringement in real life situations?
What happens when goods bought on Trade Me or at auctions are defective? - 23 May 2011
On line auctions fascinate many people. Many work hours are interrupted when people bid for goods which we trust will work when delivered or picked up.
Removal of Gift Duty - 20 May 2011
The Minister of Revenue Peter Dunne confirmed in November 2010 the Government's intention to abolish gift duty.
Guides
Asset Protection and Residential Care
Under the present law, the most effective way you can protect your present assets is to have them owned by an entity other than yourself.
Business Grants and Assistance
There are a number of grants available to businesses and often the biggest problem is knowing where to find the right information. This guide outlines what grants and assistance are available, how much can be obtained, eligibility criteria and the application procedure.
Charities
The Act established a Charities Commission to register and monitor charitable entities to ensure that those entities receiving tax relief continue to carry out charitable purposes.
Companies Act 1993
This guide outlines the basic legal requirements for operating a small to medium size company in New Zealand as prescribed by the Companies Act 1993
Consumer Guarantees Act 1993
The Act is designed to give consumers remedies against suppliers and manufacturers of goods and services which fail to comply with guarantees set out in the Consumer Guarantees Act 1993.
Credit Repossession Act 1997
The Credit (Repossession) Act 1997 affects the way people are owed money on consumer goods subject to certain kinds of security agreements and how they are able to recover their debts by repossessing those goods.
De Facto Property Rights
The purpose of this guide is to outline the key principles of the Act for people in de facto relationships.
Employment
In this guide we outline rights and obligations for Employers and Employees.
Enduring Powers of Attorney
The Protection of Personal and Property Rights Act 1998 was designed to provide for the protection and promotion of personal and property rights of persons who are not fully able to manage their own affairs.
Fair Trading Act
The purpose of the Fair Trading Act is to prohibit certain conduct and practices in trade, to provide for the disclosure of consumer information relating to the supply of goods and services and to promote product safety.
Family Trusts
A Trust is a legally enforceable arrangement where named Trustees hold assets and property for the benefit of a defined range of people in accordance with the wishes of the Settlor who creates the Trust.
Flexible Working Arrangements
The Act provides a statutory right to eligible employees to request a variation of their working arrangements and imposes certain duties on employers when it receives those requests.
Franchising
The Franchisee buys an established business which is designed to reduce commercial risk because the business is run to a proven operational business plan. This plan is put in writing in a Franchise agreement and an operations manual.
Health and Safety in Employment
This guide outlines the main features of the Health and Safety in Employment Act 1992 which imposes obligations that deal with all safety and health issues in all work places and during all work activity.
House Buying and Selling
Whether you are buying a new home, possibly for the first time, or selling your home and buying another one, sound legal advice will smooth otherwise potentially rough waters. Your home is likely to be your biggest asset and investment.
Immigration
The following guide is designed to provide those wishing to immigrate to New Zealand with an introduction to the requirements of the Immigration Act 1987 and the New Zealand Immigration Service.
Insolvency and Bankruptcy
Insolvency is the inability to pay one's debts as they fall due. Bankruptcy, on the other hand, is the formal status resulting from an adjudication of a person as a bankrupt.
Intellectual Property and Copyright Law
The law of copyright now found in the Copyright Act 1994 seeks to protect the labour, effort and skill which an author artist or creator has used in the creation of an original literary, artistic, musical or dramatic work
Securing Money Lent over Personal Property
The Personal Property Securities Act 1999 has changed the way people who lend money to persons using personal property as security, have to notify their interest and record their security.
Selling, Buying or Setting up a Small Business
A Business Plan is essential to set your course and to obtain finance in a small business.
Subdivisions
Subdivision is the process of dividing a larger area of land into smaller areas or lots. Before taking any steps in respect of a proposed subdivision, including approaching a surveyor, you should approach your lawyer to ascertain whether there are any tax issues involved in the subdivision of your land.
Traffic Offences and Breath Testing
The following pages are a general guide to the breath testing procedures and some related areas of Transport law. We offer some practical advice about what you should and should not do if you find yourself pulled over at a checkpoint. We tell you about Police powers and the sorts of penalties the Courts impose.
Wills and Estate Administration
A Will is the expression of a persons wishes concerning the distribution of property after death.
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