Articles

Latest Articles

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 ...

Topical Issues for Tenants When Negotiating Agreements to Lease

Created: Wednesday, 19 October 2016 12:00

Too often we are asked to review Agreements to Lease which have already been entered into by the parties.  Of course this is too late.  And it can be so disappointing because we can immediately see areas where we could have added value and even have saved our client money or reduced their risk.  Of course there is a cost to having a lawyer review an agreement to lease but this does need to be weighed up against the long term and serious financial implications involved.  A $100,000 per annum lease for a term of 10 years will be over a million dollar commitment not including the reinstatement obligations and the ongoing liability on assignment.

If you are a franchisor who is involved in the lease negotiation phase then you will appreciate the importance of making sure your lease negotiations are sound, as the terms of the lease can often be the difference between converting a franchise prospect into a franchisee or not.

We wanted to touch on a few areas in the lease negotiation phase which come up again and again and which have been highlighted by recent cases.

Read more ...

The Unitary Plan and related reports

Created: Tuesday, 30 August 2016 02:46

Auckland Council released its Decisions on the Proposed Auckland Unitary Plan on Friday 19 August 2016.  This Plan heralds a new era of planning for the region and its provisions will be of interest to many.  The Plan and related reports  may be viewed here. 

Residential Land Withholding Tax - What it all means

Created: Sunday, 31 July 2016 20:58

There has been a lot of confusion in the market regarding the recent law changes affecting residential land transactions.

There is a level of uncertainly in our foreign communities as to whether or not a non New Zealand tax resident can buy property in New Zealand, and what limitations apply to purchasing residential property.  Added to this are the recent limitations trading banks have put in place.

As to the increased contributions required by investor purchasers in relation to trading bank findings, of themselves those increased thresholds don't prevent acquisitions, only the  manner in which they are funded.

Read more ...

Resource Management Act changes – New approaches to plan-making

Created: Thursday, 28 July 2016 14:10

First published in Inside Tourism, August 2016

Public hearings of submissions on the Government's "Resource Legislation Amendment Bill" (Bill) have now finished, with a select committee report to Parliament due in September 2016.

The Explanatory Note describes the Bill as comprising "over 40 proposals aimed at delivering substantive, system-wide improvements to the resource management system".

This brief update focuses on two important changes proposed in the Bill to the way we make resource management plans in New Zealand – that is, the district plans, regional plans and regional policy statements that govern how we can use and develop land and other natural and physical resources. The two initiatives are:

  • A "national planning template" (NPT).
  • Two new alternative plan-making processes for councils.

Read more ...

 

Need Assistance?

Call

Auckland Office: +64 9 379 9350

Wellington Office: +64 4 499 9824

Email:

Contact us today
 

Signup Today!