Legal articles & publications

The Arbitration Amendment Bill 2017

By: Jeremy Johnson

Jeremy Johnson contributes to an article on The Arbitration Amendment Bill 2017 for LawTalk Magazine.

Natural Hazard Management under the RMA

By: Michelle Mehlhopt, Philip Maw

Events such as the Christchurch earthquake sequence of 2010-2011, the November 2016 earthquake in Kaikoura and flooding in the Bay of Plenty earlier this year illustrate the need to effectively plan for, and respond to, natural hazards. Accordingly, the management of natural hazards has been given increasing importance in the recent amendments to the Resource Management Act 1991 (RMA or Act).

Arbitration of trust disputes: a new frontier

By: Jeremy Johnson, Stephanie Woods, James Anson-Holland

The Arbitration Act 1996 (Act) was enacted to facilitate the arbitration of commercial disputes and to enable international arbitration so that disputes decided here can be easily enforced in other jurisdictions. In principle, the incorporation of an arbitration clause should lead to the successful resolution of such disputes in a private, expeditious, and cost-effective way.

Is self-representation a good idea?

By: Bethany Entwistle

In New Zealand, you have a right to go to court and represent yourself; self-representation procures access to the courts. But, whether it provides access to justice is another question.

Property ownership – joint tenants or tenants in common?

By: Angela Brown

There are two forms of ownership that can be registered on a Certificate of Title when you are purchasing land. These terms have specific meanings, which is very important in structuring how your property is actually owned.

Proposed changes to voidable transactions: feedback sought

By: Jared Ormsby, Stephanie Woods, Annie Cao

The Government's Insolvency Working Group has this week issued its second report, which includes its recommendations on changes to the voidable transactions regime. Two key changes are proposed.

Bankruptcy: Court clarifies its powers to approve payment proposals

By: Annie Cao

You are a creditor and have served a bankruptcy notice on a judgment debtor. The debtor puts forward a payment proposal which you reject. The debtor then applies to the Court seeking to set aside the bankruptcy notice and requests that the payment proposal be approved. Does the Court have jurisdiction to approve the payment proposal, despite the creditor's refusal?

Debtor delays – strategic considerations on debtor appeal

By: Stephanie Woods

You have obtained judgment against your debtor in the District Court or the High Court and are looking towards your enforcement options, such as bankruptcy or liquidation proceedings. But what if the debtor decides to appeal the decision – can you still enforce the judgment?

Wellington Fish and Game Council v Manawatu-Wanganui Regional Council [2017] NZEnvc 37 – summary of the One Plan Declarations

By: Kirstie Wyss

This decision of the Environment Court concerns an application for various declarations made by Wellington Fish and Game Council and the Environmental Defence Society Inc, that the Manawatu-Wanganui Regional Council has been failing to correctly implement the Manawatu-Wanganui Regional Plan.

The future of the Resource Management Act – is the current Resource Legislation Amendment Bill the final amendment?

By: Lucy de Latour, Julia McKeown

The Resource Legislation Amendment Bill is currently progressing through Parliament whilst Government is undertaking other pieces of significant work in relation to the New Zealand planning system, which brings into question the fate of the Resource Management Act 1991.

Enduring Powers of Attorney - changes coming into force

By: Laura Wood

Enduring Powers of Attorney (EPAs) are important documents where a person (donor) appoints representatives (attorney/s) to take care of their affairs if they lose mental capacity. There is a common misconception that only the elderly need to have EPAs but anyone can become mentally incapable at any age. In addition there is the ability for EPAs to take effect while a donor still has mental capacity. There are two types of EPAs: one in relation to property and one in relation to personal care and welfare. The Protection of Personal and Property Rights Act 1988 (the Act) sets out the requirements for EPAs. Amendments to the Act come into force on 16 March 2017. These include a change to plain language forms of EPAs so that they are simpler and easier to follow for donors and attorneys alike. From 16 March 2017, EPAs in the old forms that are not fully executed will need to be re-done on the new forms. Any EPAs in the old form that are fully executed before this date will still be effective.

The final word on disclosure of trust information to beneficiaries

By: Annie Cao

The Supreme Court in Erceg v Erceg [2017] NZSC 28 has confirmed the court's important role in supervising trustee decisions to not disclose information to beneficiaries. In clarifying the scope of the court's supervisory role, this decision should assist beneficiaries in holding trustees to account.




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