PUBLICATIONS

Publications

Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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Forgotten or failed to renew your lease?

Written by David Alizade PARTNER; Darryl King PARTNER; Kelly Seabourne PARTNER; Isabel Jenner ASSOCIATE; Stephanie Aquilina-Little SENIOR LAWYER on August 30th, 2021.    

A tenant’s ability to renew its lease for a further term is an important aspect of the bargain a landlord and tenant strike for the lease of a commercial property. However things can go awry when the parties don’t renew their lease at renewal time. The Property Law Act 2007 (PLA) gives a tenant the ability to go to Court for an order renewing its lease if its landlord refuses to renew it. This can be a saviour for a tenant but it means that a landlord needs to tread carefully if it wants to end a lease that has not been renewed.
 

Rent relief for some smaller tenants affected by COVID-19

Written by Darryl King, PARTNER; David Alizade, PARTNER; Isabel Jenner, ASSOCIATE on June 15th, 2020.    

After much lobbying from business groups, the government has recently announced promised changes to leasing laws to provide some relief for small tenants that do not have a rent relief clause in their lease.  The changes as announced will benefit far fewer tenants than originally proposed, and many tenants will be left with little relief. Click the link to read a summary of the changes. 
 

Responding to COVID-19: Commercial Leases

Written by Kelly Seabourne, PARTNER; Darryl King, PARTNER; David Alizade, PARTNER on March 31st, 2020.    

The impact of COVID-19 is already widespread and having a massive impact on businesses around the world.  Every day New Zealand is seeing further disruption due to COVID-19. Clearly, the increasing disruption caused by COVID-19 and the implementation of Alert Level 4 is causing significant concern for commercial tenants and landlords. Click the link to read more about some of the key issues for landlords and tenants to consider....
 

Relationship property and the changes ahead

Written by Israel Vaealiki, PARTNER; Lana Dixon, LAWYER on February 25th, 2019.    

The Property (Relationships) Act 1976 provides rules on the division of property when a relationship ends on separation. The Law Commission has recently reviewed this Act, making a number of key proposals in an Issues Paper published in November 2018. The Commission is currently reviewing submissions from the public on its key proposals with a view to making its recommendations to Government in 2019.
 

Guide to Foreign Investment in New Zealand

Written by Darryl King PARTNER; David Alizade PARTNER on October 25th, 2018.    

A summary of the Overseas Investment Act and overseas investment regulations.
 

Do you need OIO consent to buy a home?

Written by David Alizade, PARTNER on August 17th, 2018.    

The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018.  This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).

 

New Foreign Trust Disclosure Rules Passed by New Zealand Parliament

Written by Israel Vaealiki, PARTNER; Richard Wilson, CONSULTANT on April 12th, 2017.    

The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
 

Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm

Written by Jackson Russell on October 27th, 2016.    

Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team.  Israel Vaealiki has joined the firm to lead its trusts and estates team. 
Topics: All, Property
 

Validating an Invalid Will

Written by Caroline Harris, PARTNER on July 28th, 2016.    

Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.  The Wills Act 2007 introduced important changes that allow a Court, in certain situations, to validate documents that appear to be a will or that record the testamentary intentions of the deceased.
 

Commercial Landlords - Recovery of Rent Arrears

Written by Darryl King, PARTNER; Kelly Seabourne, PARTNER on June 6th, 2016.    

What can I do if my tenants stop paying rent?  From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
 

Are Your Neighbours' Trees or Hedges Blocking Your View?

Written by Mark Sullivan, PARTNER on July 11th, 2012.    

The story usually goes something like this……. You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home.
 

2012 Developments Under the Personal Property Securities Act

Written by Caroline Harris, PARTNER; Mark Sullivan, PARTNER on July 2nd, 2012.    

During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).  This update summarises the more significant decisions.
 
 
Our offices are closed during Level 4 however Jackson Russell remains fully operational from home. Please contact your lawyer directly by mobile or email.
 

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