Services - Fencible Law

By: Fencible Law  06-Dec-2011

Our team prides itself in providing practical advice and effective solutions with a commercial and realist approach to everyday business and private matters. 

Too often, the legal process is far too time consuming and expensive. Our goal is to deal with all matters in a timely manner with results being achieved that enable our clients to get on with life or business at hand.

Whether you are establishing, buying or selling a business, organising finance, or dealing with leases, we can help you by offering cost-effective practical advice, with prompt and efficient support.
We advise on a diverse range of business matters, such as the most effective ownership structure, the appropriate structure for company constitutions, shareholder agreements, joint venture agreements, intellectual property protection, licensing, terms of trade, ownership succession arrangements and franchising.
Find out how we can help you with:

  • Buying and Selling a Business

We can help you with the complexities of buying or selling a business. Our lawyers can advise on funding, the best structure for the business, dealing with occupancy and lease issues as well as ensuring the appropriate contractual protections are in place for you.

  • Buying and Selling Commercial Property

We can advise on funding, ownership structure and ensuring your rights as the property owner are adequately protected.

  • Company Formation and Restructuring

Companies can be structured in a number of different ways depending on the number and type of investors or shareholders involved.  As well as the various options available under the Companies Act, we can advise you on shareholders’ agreements to regulate the company’s operation and management.  Talk with us early on so we can tailor your company structure to your specific needs.

  • Effective Business Structures

Choosing a business structure which is effective and works in with your personal situation requires specialist advice.  Commonly used business structures include trusts, partnerships, companies and sole traders.  We provide advice on the options available to you and make recommendations on the most suitable structure for your circumstances.

Ensuring appropriate financing and security arrangements are in place is important for both individuals and businesses.  In addition to the preparation of loan and security documentation, we will help you ensure that your security structures are relevant to you and meet your needs.

Commercial leases create long term obligations and it is important that you understand the extent and nature of those obligations.  While most commercial leases are recorded using standard form documentation, there are situations where those obligations require modification or a different form of lease should be used.  We can work with you on proposed lease documents or prepare a more appropriate form of lease for you.

Franchising is a complex area of law. The quality of franchise systems operating in New Zealand can vary greatly and there are some pitfalls for the unwary. Franchise documents are generally lengthy and the content can vary markedly. We can advise you whether you are a prospective franchisee or are seeking to franchise your business idea. It is essential that specialist advice is obtained before entering into a franchise agreement.

For many people, buying and selling property will be one of the most significant transactions they will ever make. We can advise you on buying, selling and leasing a property. We can advise you on all aspects of your sale and purchase agreement and make buying or selling a property a cost effective transaction for you.

Our team engages in a wide range of property law.  Find out how we can help you with:

  • Buying and Selling a Property

If you are buying or selling a property you need an experienced property lawyer. Contact us before you start looking at properties.  We offer you independent advice and will act in your best interests.  We also provide access to KeyTrack to help communicate with you during your property transaction.

  • Making an Offer on a Property

Once you have found a property that you wish to buy you will need to make an offer for it.  To create an enforceable agreement it must be in writing.  The offer can be prepared either by the vendor's real estate agent or by us.  Our lawyers are happy to check your offer before your sign it to ensure it covers all key issues.

There are currently two standard form agreements in use.  We recommend your offer is prepared using the standard ADLS/REINZ form.

There are a number of structures that we can help you consider when buying a property.  These include joint tenancy, tenancy in common, family trusts, joint family homes and company entities.  The best structure for you will depend on your personal circumstances, including your employment status, your exposure to creditors, your marital and relationship status and whether you have children. This is a complex area and we recommend that you talk to us first.

All lenders have different criteria for loans.  If you are refinancing you should check that you will not face early repayment penalties for breaking a fixed rate loan.  There are various types of loans and it can be difficult to compare these with each other.  Our lawyers regularly deal with lenders and can help you ascertain the best deal. They can also be instructed by lenders to register mortgage documents.

Ensuring appropriate financing and security arrangements are in place is important for both individuals and businesses.  In addition to the preparation of loan and security documentation, our lawyers can help you to ensure that any security structures are relevant and appropriate.

Leases are legal documents and their importance should not be underestimated. A lease gives one person (the tenant) the right to occupy and use the property of another person (the landlord) for an agreed period of time and upon agreed terms and conditions. We have an experienced team of lawyers to help you with all aspects of leasing.

Subdivision is the division of land into two or more new titles and often includes the creation of easements, covenants, and consent notices,  which can significantly affect the owner’s use of the land. Subdivisions are often complex and require the services of experienced lawyers.  Our lawyers can help you with all aspects of subdivisions.

At Fencible Law, we offer a family law service.  We will work with you in relationship property matters, separations, the dissolution of marriage, parenting issues and can help you deal with the Ministry of Social Development.  We can also advise you on wills and pre-marriage property sharing agreements.

See us first when you are thinking about making a Will, establishing a family trust, or think you may need an Enduring Power of Attorney or advice on administering an estate

When a close relative dies it can be a burden sorting out the paper work to transfer or dispose of their personal assets in accordance with their will. Our Estate Administration Team can work with you to ensure that all matters are dealt with professionally.

We can work with you whether you want to make a Will for the first time or review or update an existing Will. One of the most important ways to protect your assets is to have an up-to-date and effective Will. Your Will should be reviewed every five years, or when your marital status changes (i.e.  if you marry, separate or divorce, enter into a civil union or new relationship, or are widowed), you have children, you inherit assets, or your personal circumstances change significantly in some other way.

Trusts are becoming an increasingly popular way of protecting property and managing assets.  A trust may also have some tax benefits for you.

A trust is created when a person, called the settlor, transfers property to people known as trustees. Trustees are obliged by law to use the property for purposes that the settlor specifies. Usually, one of these purposes is to make payments from the trust property to people called beneficiaries.

The parties who will benefit from the trust and the way in which the property is to be dealt with is usually set out in a document known as the trust deed. Trusts can also be created by Wills.

The proper preparation of trust deeds and other trust documents is essential and requires an experienced lawyer.  Our experts are available to assist and guide you through the process.Trusts are becoming an increasingly popular way of protecting property and managing assets.  A trust may also have some tax benefits for you.

A trust is created when a person, called the settlor, transfers property to people known as trustees. Trustees are obliged by law to use the property for purposes that the settlor specifies. Usually, one of these purposes is to make payments from the trust property to people called beneficiaries.

The parties who will benefit from the trust and the way in which the property is to be dealt with is usually set out in a document known as the trust deed. Trusts can also be created by Wills.

The proper preparation of trust deeds and other trust documents is essential and requires an experienced lawyer.  Our experts are available to assist and guide you through the process.At Fencible Law, we offer a family law service.  We will work with you in relationship property matters, separations, the dissolution of marriage, parenting issues and can help you deal with the Ministry of Social Development.  We can also advise you on wills and pre-marriage property sharing agreements.


Employment problems can be very stressful for those involved, whether you are an employee or employer. We can advise you on all employment law matters and on the range of options (including mediation) available to you. We choose a specialist Employment Court Barrister to assist your case if matters can’t be resolved at an early stage.

Employment law is a constantly changing area of the law.  We offer both employers and employees access to the invaluable resources of experience.

Companies can be structured in a number of different ways depending on the number and type of investors or shareholders involved.  As well as the various options available under the Companies Act, we can advise you on shareholders’ agreements to regulate the company’s operation and management.  Talk with us early on so we can tailor your company structure to your specific needs.

An Enduring Power of Attorney is a legal document under which you appoint someone who will be able to make decisions and sign documents on your behalf.

There are two types of Enduring Power of Attorneys – one is for your property and one is for your personal care and welfare.

In them you can choose:

  • When they come into effect
  • Any special terms and conditions you want
  • Who your attorney must report to and consult with

Contact one of our solicitors if you would like to give someone power of attorney over your affairs.


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