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Who do you want to control your Estate?

Created: Tuesday, 08 March 2016 09:25

It is estimated that only half of New Zealand adults have a will.  Even where there is a will in place, it may no longer be valid (a will is revoked on marriage or civil union) or relevant to the will maker's current circumstances.  Our busy lives mean many people delay signing and/or updating their will.  The consequences of dying without a valid will are often not appreciated.

Family dynamics are much more complicated in our modern world.  Blended families, that is where at least one of the partners has a child not biologically related to the other partner, are common.  People are re-partnering later in their lives.  These factors result in complicated and more frequent family disputes upon the death of a loved one.  These can be minimised where there is a valid will and appropriate estate planning.

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The Flying Burrito Brothers, a sunset clause and a guarantee

Created: Wednesday, 24 February 2016 21:58

Sunset clauses and personal guarantees are commonly found in Agreements to Lease.  A sunset clause allows a party to terminate an Agreement to Lease if certain events do not occur within a specified time frame.  A requirement for a personal guarantee from the directors and the shareholders of the tenant company is also common place to give a landlord protection against the limited liability nature of a company.  A recent High Court case has highlighted how important it is for a sunset clause is to be drafted carefully so it accurately reflects the intentions of both parties.  It also serves as a timely remind of how crucial it is to ensure that the terms of any personal guarantee are in writing and signed by the guarantors.

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New Zealanders not Welcome

Created: Tuesday, 23 February 2016 19:22

It seems our booming tourism industry exists despite itself.  On the one side we have an industry asking New Zealanders to accept their overseas guests driving on New Zealand roads, that they cover the cost of screening those overseas guests for food items which could damage our agriculture industries and yet some members of that same industry refuse to accommodate those New Zealanders from whom it seeks those favours just because they are New Zealanders.

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Guide to protecting your intellectual property in a world market

Created: Thursday, 04 February 2016 06:49

 

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Franchisors - Are you ready for 2016?

Created: Wednesday, 03 February 2016 12:57

The start of any new year always holds such promise and potential.  Now is a good opportunity to consider various aspects of your business and consider ways that you can make your franchise even better than before. 

We have set below a few issues which you may like to consider for this year:

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Resource Legislation Amendment Bill 2015 changes more than just RMA

Created: Wednesday, 16 December 2015 01:19

Continuing Brookfields commentary on the Resource Legislation Amendment Bill ("the Bill"), we look at changes that go to legislation beyond the Resource Management Act 1991 ("RMA").

One of the key objectives of the Bill is to achieve better alignment and integration across the resource management system.  In order to accomplish this, the Bill provides for a number of amendments to other statutes in order to streamline the processes to be followed, and to reduce time-consuming duplication.  The key changes to other statutes are set out below.

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