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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.nz
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Publications

Articles

  • 01/09/17
    Sentencing Under the Health and Safety Work Act 2015
    Sentencing Under the Health and Safety Work Act 2015

    The first significant sentencing decision since the introduction of the Health and Safe...

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  • 26/07/17
    Small Passenger Services Review
    Small Passenger Services Review

    In April 2016, Uber (the private passenger service operating via a social media smartph...

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  • 26/07/17
    Reckless Trading
    Reckless Trading

    The Companies Act 1993 (The Act) provides the framework that applies in respect of dire...

    more
  • 26/07/17
    I have been named an executor of a will, what do I do now?
    I have been named an executor of a will, what do I do now?

    When a loved one passes away it can be a stressful time for the family, which can be ma...

    more
  • 24/07/17
    The Bright-Line Test
    The Bright-Line Test

    In 2015, the government introduced the bright-line test, a method which attempts to tig...

    more
  • 24/07/17
    The Human Tissues Act
    The Human Tissues Act

    Until we are confronted with death, an emergency or illness, few of us are likely to tu...

    more
  • 27/02/17
    "Subject to Part 2" RJ Davidson Family Trust v Marlborough District Council [2017] NZHC 52
    "Subject to Part 2" RJ Davidson Family Trust v Marlborough District Council [2017] NZHC 52

    The recent High Court decision RJ Davidson Family Trust v Marlborough District Council ...

    more
  • 17/01/17
    What are Written Approvals under the RMA and why are they important?
    What are Written Approvals under the RMA and why are they important?

    Taranaki has recently been named as New Zealand's most...

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  • 16/01/17
    Mining Law Overview And Access To Land
    Mining Law Overview And Access To Land

    Mining in New Zealand is primarily controlled by two Acts: the Crown Minerals Act 1991 ...

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  • 13/01/17
    Health & Safety Regulations for Oil and Gas Operators
    Health & Safety Regulations for Oil and Gas Operators

    From June 2013, operators carrying out petroleum exploration and extraction activities ...

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  • 09/01/17
    Decommissioning and Abandoning Petroleum Wells
    Decommissioning and Abandoning Petroleum Wells

    The oil industry is notorious for its history of booms and busts...

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  • 10/10/16
    The Powers of Body Corporate Secretaries and Chairpersons in Body Corporate Governance Issues: Unit Titles Act 2010
    The Powers of Body Corporate Secretaries and Chairpersons in Body Corporate Governance Issues: Unit Titles Act 2010

    The 2016 High Court case of ...

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  • 10/06/16
    Proposed Changes to the Incorporated Societies Act 1908
    Proposed Changes to the Incorporated Societies Act 1908

    This Act is now well over 100 years old but it still defines the rules for ...

    more
  • 12/04/16
    Freehold titles on the cards for Waitara endowment land leaseholders
    Freehold titles on the cards for Waitara endowment land leaseholders

    A long awaited resolution to the issue of Waitara endowment lands is a step closer...

    more
  • 31/03/16
    Purchasing a Unit Title - Considerations to Weigh Up
    Purchasing a Unit Title - Considerations to Weigh Up

    Unit titles are becoming increasingly popular in New Zealand. Unitary plans...

    more
  • 11/03/16
    Considering Manuka Honey?
    Considering Manuka Honey?

    Excuse the pun, but it is hard to escape the buzz word circulating throughout rural cir...

    more
  • 19/02/16
    Ratings Changes Announced - Maori Land
    Ratings Changes Announced - Maori Land

    Cabinet has agreed to provide local Councils with more tools ...

    more
  • 15/02/16
    The Importance of Understanding Legal Obligations as a Trustee
    The Importance of Understanding Legal Obligations as a Trustee

    The recent decision of Goodman v Campbell confirms the position of trustee comes with ....

    more
  • 27/01/16
    Enduring Powers of Attorney
    Enduring Powers of Attorney

    Often the legal profession are asked by clients whether they think it is necessary for ...

    more
  • 23/12/15
    The Secret for Success - Rural Succession
    The Secret for Success - Rural Succession

    The concept of rural succession planning is nothing new...

    more
  • 09/12/15
    Building Contract Review
    Building Contract Review

    The construction of residential homes in New Zealand is primarily controlled by the Bui...

    more
  • 19/05/15
    Company Governance Update
    Company Governance Update

    Traditionally corporate structures have been designed in part to try and manage risk by...

    more
  • 12/05/15
    Skilled Migrant Applications
    Skilled Migrant Applications

    Skilled migrant visas are a key way in which educated or experienced migrants can come ...

    more
  • 12/05/15
    Voidable Transactions in a Liquidation Part One: the Concept of a Continuing Business Relationship
    Voidable Transactions in a Liquidation Part One: the Concept of a Continuing Business Relationship

    Doing business with a company that may be close to insolvency has obvious consequences....

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  • 12/05/15
    Voidable Transactions in a Liquidation Part Two: Creditor
    Voidable Transactions in a Liquidation Part Two: Creditor's Defense

    Doing business with a company that may be close to insolvency has obvious consequences....

    more
  • 22/12/14
    Changes in the Award of Government Contracts
    Changes in the Award of Government Contracts

    The Ministry of Business Innovation and Employment has released a report ...

    more
  • 15/12/14
    Supreme Court Accepts Political Purposes may be Charitable
    Supreme Court Accepts Political Purposes may be Charitable

    An organisation qualifies for registration as a charitable entity under the Charities ....

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  • 15/12/14
    Estate Administration - Responsibilities and Duties of Trustees and Executors
    Estate Administration - Responsibilities and Duties of Trustees and Executors

    A relative or friend has died and you have been advised by the estate ...

    more
  • 06/08/14
    Consumer Law Reform for Businesses
    Consumer Law Reform for Businesses

    Are you supplying goods or services in trade and are unsure the affect recent reform to...

    more
  • 06/08/14
    Consumer Law Reform for Consumers
    Consumer Law Reform for Consumers

    Are you familiar with that all too common scenario where a consumer has been unfairly, ...

    more
  • 06/08/14
    CPI Rent Reviews in Commercial Leases
    CPI Rent Reviews in Commercial Leases

    Recently, there has been a change in leasing practice and it has become more and more c...

    more
  • 25/06/14
    Sports Law Reform
    Sports Law Reform

    Match-fixing! It is hard to evade the scandal New Zealand Cricket and the International...

    more
  • 23/06/14
    Reforms on the way for Incorporated Societies
    Reforms on the way for Incorporated Societies

    A large portion of New Zealand's not-for-profit sector are incorporated societies ...

    more
  • 17/02/14
    Succession Planning
    Succession Planning

    Succession planning is really future planning so that your business can function...

    more
  • 17/02/14
    Fuel Tax Refunds
    Fuel Tax Refunds

    Govett Quilliam would like to remind its rural clients that they are able to...

    more
  • 17/02/14
    Franchisee Restraint of Trade Held to be Binding
    Franchisee Restraint of Trade Held to be Binding

    Restraint of trade clauses are a common feature in franchise agreements...

    more
  • 05/02/14
    Insolvency Issues
    Insolvency Issues

    The recent high profile liquidation of Abode Design and Build is a timely reminder to a...

    more
  • 25/11/13
    Early Stage Investment in High Growth Potential Companies
    Early Stage Investment in High Growth Potential Companies

    Many early stage businesses seek investment to enable growth...

    more
  • 09/10/13
    Fonterra
    Fonterra's Trading Among Farmers Scheme

    The Trading Among Farmers (TAF) scheme is designed to remove the risk that Fonterra...

    more
  • 07/08/13
    New Building
    New Building's Energy Efficiency Standards

    An initiative to measure and rate the energy efficiency of commercial office buildings ...

    more
  • 02/08/13
    Relocation outside of NZ
    Relocation outside of NZ

    The father and mother of a child are usually joint guardians of the child under Section...

    more
  • 01/08/13
    Intelligence Developments
    Intelligence Developments

    The Dotcom saga has shone a light on the operation of our Government Communications Sec...

    more
  • 01/08/13
    Shareholders
    Shareholders' Agreements

    A Shareholders' Agreement is a contract between the shareholders of a company. While it...

    more
  • 30/07/13
    Employment Relations Amendment Bill
    Employment Relations Amendment Bill

    On 26 April 2013, the National Government introduced amendments to New Zealand employme...

    more
  • 30/07/13
    Estate Planning
    Estate Planning

    One of the most vexing questions that we face as we get older is how we will provide fo...

    more
  • 17/07/13
    Repeal Part 6A of the Employment Relations Act
    Repeal Part 6A of the Employment Relations Act

    The franchise sector is mobilising to ensure a change proposed in law won't affect fran...

    more
  • 25/06/13
    Administration of Estates changes
    Administration of Estates changes

    From 4 June 2013, the Ministry of Justice have centralised the processing of applicatio...

    more
  • 28/05/13
    Personal Guarantees
    Personal Guarantees

    There are many situations where a bank or lender will require a personal guarantee from...

    more
  • 21/05/13
    Future Changes to Insurance
    Future Changes to Insurance

    Reverberations from the 2010-2011 Christchurch earthquakes continue to be felt around t...

    more
  • 16/05/13
    Relationship Property After Death
    Relationship Property After Death

    The basic scheme of the Act for relationships ending on death is that surviving spouses...

    more
  • 15/05/13
    Leases
    Leases

    The sixth edition of the ADLS Deed of Lease ("the sixth edition"), released on 5 Novemb...

    more
  • 02/05/13
    Law Commission Review of the News Media
    Law Commission Review of the News Media

    The Law Commission recognised that having a free press is essential to providing a chec...

    more
  • 25/04/13
    Homeowners Beware
    Homeowners Beware

    For most homeowners in New Zealand, their home insurance has always been an unspecified...

    more
  • 25/04/13
    Food Standards
    Food Standards

    The Food Standards Australia New Zealand Act ("the Act") was passed into law in 1991. T...

    more
  • 23/04/13
    Water Rights 101
    Water Rights 101

    Competition for water resources is a growing business risk for farmers and presents cha...

    more
  • 26/03/13
    Wandering Stock
    Wandering Stock

    Maintaining adequate boundary fences can prevent liability for the costs of damage caus...

    more
  • 04/03/13
    Earthquake Prone Buildings
    Earthquake Prone Buildings

    The Ministry of Business, Innovation and Employment is now consulting on proposed chang...

    more
  • 01/03/13
    Guarantees
    Guarantees

    Acting as a guarantor for someone, often in respect of payment of money, means that you...

    more
  • 01/03/13
    Alternative Dispute Resolution
    Alternative Dispute Resolution

    Alternative Dispute Resolution is a collective term that describes a wide range of proc...

    more
  • 01/03/13
    Contracting Out Agreements
    Contracting Out Agreements

    The Property Relationships Act 1976 applies to all relationships including marriages, d...

    more
  • 01/03/13
    Drug Testing in the Workplace
    Drug Testing in the Workplace

    Having an effective drug and alcohol policy is important for employers. This policy, ge...

    more
  • 01/03/13
    Council liability for leaky buildings
    Council liability for leaky buildings

    A recent Supreme Court decision has altered the scope of a council's liability in relat...

    more
  • 05/02/13
    New Alcohol Reform Legislation
    New Alcohol Reform Legislation

    The Government's new alcohol reform legislation came into force in December 2012 bringi...

    more
  • 29/01/13
    Protecting your Trade Mark in NZ
    Protecting your Trade Mark in NZ

    The Madrid Protocol is a global trade mark registration system, of which New Zealand re...

    more
  • 28/01/13
    The buck stops where? Construction Contracts
    The buck stops where? Construction Contracts

    Liability in disputes requires careful research at an early stage in any construction c...

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  • 15/01/13
    Dirty Money and Terrorism
    Dirty Money and Terrorism

    Does your workplace need to appoint an employee as a compliance officer under the Anti-...

    more
  • 18/12/12
    Leaky buildings: the claimant pool widens
    Leaky buildings: the claimant pool widens

    Owners of non-residential buildings can bring claims against councils where they consid...

    more
  • 06/12/12
    What
    What's Happening Offshore?

    The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 was ...

    more
  • 27/11/12
    Sale & Purchase Agreement Changes
    Sale & Purchase Agreement Changes

    Changes have been made to the standard Agreement for Sale and Purchase which you should...

    more
  • 21/11/12
    Filing a Claim in the District Court
    Filing a Claim in the District Court

    Recent amendments to the District Court Rules have meant the summary judgment procedure...

    more
  • 01/11/12
    ADLS Building Report Clause 9.3
    ADLS Building Report Clause 9.3

    Clause 9.3 of the Agreement records that the Agreement is conditional on the purchaser ...

    more
  • 01/11/12
    Personal Property Securities Register
    Personal Property Securities Register

    New Zealand has a universal register on which parties are able to register any security...

    more
  • 01/11/12
    Commercial Leases - Rights of Renewal
    Commercial Leases - Rights of Renewal

    Many tenants under commercial leases seek to negotiate a shorter initial term with righ...

    more
  • 01/11/12
    Water - Use and Consents
    Water - Use and Consents

    Water is a limited resource in New Zealand, and is managed by Regional Councils under t...

    more
  • 01/11/12
    Electronic Identity Verification Bill
    Electronic Identity Verification Bill

    The stated purpose of the Bill is to "facilitate secure interactions" between governmen...

    more
  • 23/10/12
    Whose responsibility is a new fence between neighbours?
    Whose responsibility is a new fence between neighbours?

    Fences can be a source of disagreement and ongoing friction between neighbours. Fencing...

    more
  • 16/10/12
    Do I need a Building Report?
    Do I need a Building Report?

    The new Agreement for Sale & Purchase now includes a standard building report condition...

    more
  • 11/10/12
    Zero-Rating of GST when Buying or Selling a Business
    Zero-Rating of GST when Buying or Selling a Business

    When buying or selling a property, one of the many issues you must consider is GST. In ...

    more
  • 02/10/12
    Protecting your Assets in a New Relationship
    Protecting your Assets in a New Relationship

    Once someone has been in a qualifying relationship for three years, all relationship pr...

    more
  • 25/09/12
    De-registration of Charitable Entities
    De-registration of Charitable Entities

    A charitable entity may be deregistered and removed from the Charities Register for var...

    more
  • 18/09/12
    Financial Advisors must be of  "Good Character"
    Financial Advisors must be of "Good Character"

    With the recent collapse of many finance companies, the Financial Markets Authority has...

    more
  • 13/09/12
    Calving and the NAIT Scheme Requirements
    Calving and the NAIT Scheme Requirements

    With calving season upon us, it's a good time to review the compulsory requirements of ...

    more
  • 11/09/12
    Running a Family Business
    Running a Family Business

    Running a family business has its unique challenges. While the structure of a family bu...

    more
  • 04/09/12
    Credit Management
    Credit Management

    Web enabled credit checks are becoming a fundamental part of deciding to trade either b...

    more
  • 01/09/12
    Employment Law Update
    Employment Law Update

    Recently Cabinet approved a number of changes to our employment law. The motivation beh...

    more
  • 01/09/12
    Enduring Powers of Attorney
    Enduring Powers of Attorney

    An EPA can, depending on the donor's wishes, either grant the attorney wide general rig...

    more
  • 01/09/12
    The ACC
    The ACC

    The Accident Compensation Corporation is a New Zealand Crown Entity that is responsible...

    more
  • 01/09/12
    Vendor Warranties and Real Estate
    Vendor Warranties and Real Estate

    When you enter into an agreement to sell your property, it is almost certain you will b...

    more
  • 01/09/12
    Rise of Look-Through Companies
    Rise of Look-Through Companies

    A Look-Through Company is similar to a traditional limited liability company.

    more
  • 30/08/12
    Tell me more about Due Diligence
    Tell me more about Due Diligence

    Due Diligence investigations are an excellent form of protection for a purchaser, as th...

    more
  • 15/08/12
    Redundancies and Restructuring
    Redundancies and Restructuring

    During the lifetime of any business there will inevitably be times when a business thri...

    more
  • 08/08/12
    Cherry Picking in a Liquidation
    Cherry Picking in a Liquidation

    Doing business with a company that may be close to insolvency has obvious consequences....

    more
  • 26/07/12
    The Hague Convention
    The Hague Convention

    A primary purpose of the Hague Convention is to ensure that issues relating to the care...

    more
  • 10/07/12
    Estate Planning
    Estate Planning

    Important information to make life easier for your relatives and executors after your d...

    more
  • 18/06/12
    The Disputes Tribunal
    The Disputes Tribunal

    The Disputes Tribunal used to be known as the Small Claims Court and is governed by the...

    more
  • 01/06/12
    Abolishment of Gift Duty
    Abolishment of Gift Duty

    The abolishment of gift duty in October 2011has changed the nature of asset and estate ...

    more
  • 01/06/12
    Changes to Credit Laws
    Changes to Credit Laws

    The Bill seeks to introduce the new principle of "responsible lending" in an effort to ...

    more
  • 01/06/12
    Joint Tenants v Tenants in Common
    Joint Tenants v Tenants in Common

    In New Zealand, when purchasing a property personally with another party you can choose...

    more
  • 01/06/12
    Defamation
    Defamation

    Defamation in New Zealand is governed by the Defamation Act 1992 and an entrenched body...

    more
  • 01/06/12
    The Dark Side of Mortgagee Sales
    The Dark Side of Mortgagee Sales

    While our economy recovers from the recent global recession, signs of economic lags con...

    more
  • 29/05/12
    Spotlight on Directors
    Spotlight on Directors

    The collapse of a number of finance companies, both here and across the Tasman, has led...

    more
  • 22/05/12
    Minimising Debts in your Business
    Minimising Debts in your Business

    In today's economic climate, most businesses are looking for ways to maximise working c...

    more
  • 09/05/12
    Changes to the Building Industry
    Changes to the Building Industry

    If you are looking to engage a builder, or if you are builder, you need to be aware of ...

    more
  • 01/05/12
    Farm Syndications/Equity Partnerships
    Farm Syndications/Equity Partnerships

    In the rural sector Equity Partnerships or Farm Syndications are where a group of peopl...

    more
  • 10/04/12
    Protecting People and their Property without an EPA
    Protecting People and their Property without an EPA

    Ideally when people lose the ability to make their own decisions due to mental illness,...

    more
  • 04/04/12
    Registering a Trade Mark
    Registering a Trade Mark

    Trade marks are commonly associated with a brand or brand name. There are a number of a...

    more
  • 21/03/12
    Wills
    Wills

    Do you have a Will? Wills are something that we don't always turn our minds to. It is i...

    more
  • 14/03/12
    Paternity
    Paternity

    Establishing paternity of a child can be important when a child is first born. Parents ...

    more
  • 02/03/12
    Pre-settlement Inspections
    Pre-settlement Inspections

    Every purchaser is entitled to revisit the property just prior to settlement (it is usu...

    more
  • 07/02/12
    Rent Review in Commercial Leases
    Rent Review in Commercial Leases

    Increasingly we are noticing a more innovative approach to rent reviews for commercial ...

    more
  • 01/02/12
    What happens on Settlement Day
    What happens on Settlement Day

    It is important to remember that on settlement day, there are sometimes hold-ups which ...

    more
  • 26/01/12
    Farm Dairy Effluent Discharges
    Farm Dairy Effluent Discharges

    There's no denying that most farmers in New Zealand work hard to manage their farms eff...

    more
  • 20/01/12
    Enduring Powers of Attorney
    Enduring Powers of Attorney

    An Enduring Power of Attorney ("EPA") is a legal document that sets out who can take ca...

    more
  • 06/12/11
    Guardianship and Separation
    Guardianship and Separation

    A guardian is a person who has the duties, rights, responsibilities and powers associat...

    more
  • 29/11/11
    Welcome Home Loans
    Welcome Home Loans

    A scheme has been introduced to help you if you are trying to save for your first home ...

    more
  • 24/11/11
    Personal Grievances - Unjustified Disadvantages
    Personal Grievances - Unjustified Disadvantages

    Personal grievances are sometimes submitted by disaffected employees who have been dism...

    more
  • 15/11/11
    Buying a Business
    Buying a Business

    If you have never been in business before buying a business can be daunting and perilou...

    more
  • 03/11/11
    Forestry and Carbon Credits
    Forestry and Carbon Credits

    Even if you don't consider yourself to be a forester, you might fall under the Emission...

    more
  • 25/10/11
    Gifting - What do I need to know?
    Gifting - What do I need to know?

    Be clear about the reasons for undertaking any asset protection structuring and from th...

    more
  • 18/10/11
    The Hague Convention
    The Hague Convention

    In May 1991 New Zealand signed up to the Hague Convention on International Child Abduct...

    more
  • 14/10/11
    Adoption
    Adoption

    Wondering about the ins and outs of adopting? Have a read of our article on the Adoptio...

    more
  • 20/09/11
    Statutory Demands
    Statutory Demands

    In these difficult economic times, minimising bad debts is critical for any business. I...

    more
  • 08/09/11
    Copyright (Infringing File Sharing) Amendment Act 2011
    Copyright (Infringing File Sharing) Amendment Act 2011

    The above Act seeks to tackle online piracy including unauthorised movie and music down...

    more
  • 02/09/11
    I
    I've got a Trust, so what now?

    Do you have a Family Trust? Wonder what you should be doing with it? Trusts require reg...

    more
  • 26/08/11
    New Super Regulator with Super Powers?
    New Super Regulator with Super Powers?

    Will the recent establishment of a new financial markets regulator win back the confide...

    more
  • 11/08/11
    Employing Overseas Workers
    Employing Overseas Workers

    Do you need to know how you should go about employing overseas workers?

    more
  • 20/07/11
    Neighbours and Trees
    Neighbours and Trees

    Disputes over trees are a common cause of bad feeling between neighbours - especially w...

    more
  • 07/07/11
    Estate Administration
    Estate Administration

    Are you unsure about how a law firm is involved when a person dies?

    more
  • 27/06/11
    Doing Business in Australia
    Doing Business in Australia

    Time to open a branch in Australia or move your operation across the ditch?

    more
  • 10/06/11
    The Emissions Trading Scheme
    The Emissions Trading Scheme

    Do you have any forestry on your land? Even if you don't consider yourself to be a fore...

    more
  • 03/06/11
    Copyright or Copywrong?
    Copyright or Copywrong?

    What represents trade mark infringement in real life situations?

    more
  • 23/05/11
    Defective Trade Me Items
    Defective Trade Me Items

    What happens when goods bought on Trade Me or at auctions are defective? On line auctio...

    more
  • 20/05/11
    Removal of Gift Duty
    Removal of Gift Duty

    The Minister of Revenue Peter Dunne confirmed in November 2010 the Government's intenti...

    more
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