Articles

Latest Articles

Legal Landscape - Christmas Edition

Created: Monday, 12 December 2016 11:50

With the holiday season upon us and looking forward to the New Year, this edition rounds out 2016 with our seasons greetings from the Partners and Staff at Brookfields.

Christmas Closedown Period

Please note our offices will be closed from 5pm Friday 23 December 2016, fully reopening on Wednesday 18 January 2017.

Read more ...

Entitled to a Title Without Subdivision Consent?

Created: Friday, 02 December 2016 16:26

We are aware of a number of instances where interests in camping grounds and other areas have been sold with a “title” based on a licence to occupy a specified portion of land as shown on a plan secured by an encumbrance and a share in the land as a tenant in common with other owners, or similar arrangements.

In the recent decision of Re Spark New Zealand Trading Ltd (“Spark”) involving the sale of land under an agreement for sale and purchase (“the agreement”) where covenants were attached to the agreement, two judges of the Environment Court had to decide whether the agreement, together with the proposed transfer of a share in the land as tenant in common, constituted a sub-division of the land.

Read more ...

A Landlord's Guide to Leasing to Franchise Tenants

Created: Friday, 18 November 2016 13:58

Franchising is serious business in New Zealand.  If you go to any mall in New Zealand you will find a number of the outlets are operated by franchise tenants.  In fact there are probably more than you think.

To some extent, leasing to a franchise tenant is no different to leasing to any other commercial tenant.  However, there are issues which a landlord should be aware of and take into consideration when leasing premises to franchisee.

Who is the tenant?

Often franchisors negotiate the terms of the lease but the tenant will be the franchisee.  Other times franchisors will negotiate and enter into the lease either themselves or via a special purpose company specially set up to hold the lease and then they will sublease or licence the premises to the franchisee.

Read more ...

NPS on Urban Development Signed Off

Created: Friday, 04 November 2016 16:38

A few months ago we looked at Minister Nick Smith's 2 June announcement that the proposed National Policy Statement (NPS) on Urban Development Capacity was available for public consultation.

On 31 October 2016, the Minister announced that the Government had signed off on that NPS, and that it would take effect from 1 December. 

The councils experiencing the highest growth will be most affected.  That means Auckland, Christchurch, Tauranga and Hamilton are in the frontline.  Fast-growing cities like Nelson and Queenstown are also affected. 

 

Read more ...

New Swimming Pool Fencing Law Passed By Parliament

Created: Wednesday, 02 November 2016 14:40

Parliament has passed the Building (Pools) Amendment Bill, which the government claims will strengthen pool safety compliance and reduce the accidental drowning of children

Splashing around in a swimming pool during the summer is a joy for many kiwi children, but the safety risks of having young children around swimming pools, particularly when unsupervised, are undeniable.  In 1987, in a bid to reduce the number of accidental drownings of children, Parliament passed the Fencing of Swimming Pools Act, which required all swimming pools to be fenced.  The introduction of this requirement has significantly reduced the number of accidental drownings, but in recent years the government has expressed concern that the requirements have not been enforced consistently across New Zealand, and that the enforcement tools available to local authorities for non-compliance were deficient.

Read more ...

RMA "Subdivision", GMOs and Road Stopping Notice / Consultation - A Spring Round Up of Decisions You Should Know About

Created: Tuesday, 01 November 2016 13:17

We shine the spotlight briefly on three recent decisions of the Environment and High Courts concerning:

  1. Whether certain property arrangements for leased land fell within the RMA definition of "subdivision" (Re Spark New Zealand Trading Ltd [2016] NZEnvC 115);
  2. Whether the RMA enables regional councils to provide for GMOs in regional policy statements and plans (Federated Farmers of New Zealand Inc v Northland Regional Council CIV 2015-488-64); and
  3. What is considered to be adequate public notice and consultation on road stopping proposals under Schedule 10 of LGA'74 (Morgan v Waikato District Council [2016] NZEnvC 177).

Read more ...

 

Need Assistance?

Call

Auckland Office: +64 9 379 9350

Wellington Office: +64 4 499 9824

Email: law@brookfields.co.nz

Contact us today
 

Signup Today!