Glaister Ennor - publications

By: Glaister Ennor  06-Dec-2011
Keywords: Real Estate, Real Estate Agents, Estate Agents

All Articles

The Unit Titles Act 2010 has now been in force for little over four months and existing bodies corporate are in the midst of holding their first annual general meetings before the deadline of 20 December 2011. So, apart from dealing with new issues such as electing a body corporate chairperson, what other transitional issues are bodies corporate facing?

Posted on Oct 26, 2011

By: Vicki Toan | Views: 38


As most people are now aware, if you’re married, in a civil union or you’ve been living with someone for three years or more and you separate, then the presumption is that all relationship assets will be divided 50/50.  In some cases, this law can apply sooner, for example if you have a child together.

Posted on Oct 19, 2011

By: Fiona McGeorge | Views: 84


When a business becomes insolvent and is subsequently liquidated, the assets of the entity are seized and sold with a view to paying creditors. Intellectual property assets are no exception and assets of this type such as domain names, trademarks and copyrights as well as concepts relating to branding are often lost in the process as well

Posted on Oct 10, 2011

By: Tom Arieli | Views: 89


The Crimes Amendment Bill (no. 2) (the 'Bill') was introduced to Parliament by the Minister of Justice on 12 April 2011. Among other issues contained in the Bill, one of the major areas of proposed change relates to the protection of children. The Bill seeks to significantly alter the current legislation as it pertains to child abuse and imposes greater expectations on adults who are in contact with children and vulnerable adults alike.

Posted on Oct 10, 2011

By: Vonja Young or Fiona McGeorge | Views: 71


There has been a variety of commentary on the end of gift duty, much of which has concluded that one size does not fit all and that one's approach to gifting needs to have regard to one's own particular circumstances at the time

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By: | Views: 90


In this article Tim Jones identifies some of the key features and changes of the new Auction and the Tender forms.  There are certain common features between these two forms but there are significant differences.  Also there are differences between the current editions of these forms and the previous ones. 

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By: Tim Jones | Views: 343


A new process for dealing with complaints was introduced through the Real Estate Agents Act 2008, which came into force on 17 November 2009. It is a process which greatly increased financial penalties able to be imposed on agents, and it has attracted a flood of complaints.

Posted on Sep 07, 2011

By: Tim Rea | Views: 257


Building maintenance and repair is one of the most contentious issues in unit title developments.  Arguments about who is responsible for what – and therefore who pays for what – can lead to disputes between bodies corporate and owners and also delays that can increase damage and costs for all .

Posted on Aug 19, 2011

By: Vicki Toan | Views: 434


The body corporate chairperson is a new character under the Unit Titles Act 2010.  The role is administrative - the list of duties in regulation 11 of the Unit Titles Regulations 2011 largely mirroring the traditional duties of the body corporate secretary – and some bodies corporate may be asking "do we have to have a chairperson?" 

Posted on Jul 29, 2011

By: Vicki Toan | Views: 416


If you are an owner of a unit title property or thinking of buying a unit title property, then the 20th of June 2011 was an extremely important day for you.  On that day the new Unit Titles Act 2010 and the Regulations 2011 came into force.

Posted on Jun 22, 2011

By: Tim Jones | Views: 929


Lucy Hughes (Elam) is the 2011 winner of the Glaister Ennor Graduate Art Awards. The winners were announced at a presentation at Oedipus Rex Gallery on 15th June. Lucy's winning entry.

Posted on Jun 22, 2011

By: | Views: 667


New rules coming into force next month mean all employers must keep copies of employment contracts or potentially face hefty fines 

Posted on Jun 22, 2011

By: Brett Vautier | Views: 470


Incorporeal Hereditaments :  Easements As They Are Created Under the Unit Titles Act 1972, the changes introduced under the new Unit Titles Act 2010, and the problems and issues relating to an access lot affecting a unit title development 

Posted on Jun 21, 2011

By: Joel Fotu | Views: 613


The Government announced on 1 November last year that gift duty is to be abolished. This decision has particular relevance for those with trusts or looking to set up a trust.

Posted on Mar 09, 2011

By: Gaynor McLean | Views: 818


With approximately 8 weeks to go until the Unit Titles Act 2010 comes into force, the question “are you ready?” is of even more immediate concern to body corporate secretaries and owners of unit title property.

Posted on Apr 06, 2011

By: Vicki Toan | Views: 948


We have never been more aware since the Christchurch earthquake of the importance of the terms and conditions of insurance contracts to consumers and businesses.  The Insurance (Prudential Supervision) Act 2010 is intended to recognise that importance and to ensure as far as legislation can, that parties are safeguarded from the possibility of being deprived of insurance cover through a lack of understanding of their own terms and conditions

Posted on Mar 23, 2011

By: Tom Arieli | Views: 769


Earn-out provisions provide a solution to bridging the gap in conflicting value perceptions of vendors and purchasers of businesses.  However, earn-outs are not without risk and the functional aspects of an earn-out provision must be carefully considered in each case.

Posted on Mar 23, 2011

By: Tom Arieli | Views: 775


A recent High Court decision highlights the perils of poorly drafted finance conditions in commercial contracts and demonstrates the importance of managing funding risk in the current credit environment

Posted on Mar 23, 2011

By: Tom Arieli | Views: 677


This article is a revision of the article written in September following the 4th of September earthquake and it saddens me that we are revisiting the issue following the tragic events of the 22nd of February. While our heartfelt sorrow and condolences to all those who have lost family or friends in the tragic events that occurred that day, there are some implications both of a social and a legal nature relating to the property ownership, leasing and letting of property in the region and there are significant implications on the real estate industry.

Posted on Mar 16, 2011

By: Tim Jones | Views: 906


Amendments to the voting and notices procedures set out in the Companies Act 1993 will promote the utilisation of technology by companies and their shareholders to increase shareholder participation and reduce costs for companies

Posted on Feb 24, 2011

By: Tom Arieli | Views: 761


Following last month’s earthquake in Christchurch, we thought it timely to consider how insurance is dealt with under the Unit Titles Act 1972 and any changes the Unit Titles Act 2010 will bring to the existing regime.

Posted on Mar 14, 2011

By: Vicki Toan | Views: 963


With the Act due to come into force in June 2011 (hopefully), planning for the transition from the 1972 Act to the 2010 Act is no doubt underway for body corporates and body corporate secretaries.  Some of the changes brought in by the 2010 Act will have immediate effect, so now is the time to review existing arrangements and consider whether professional advice is required from lawyers, accountants, valuers or building maintenance experts.  It is also time to consider whether your body corporate would benefit from adopting any of the “15 month” transitional provisions ahead of time. 

Posted on Feb 14, 2011

By: Vicki Toan | Views: 1010


Many creditors and investors in New Zealand businesses have unforunately become familiar with the terms 'receivership' and 'liquidation' in the last year or so.  The announcement that Whitcoulls has gone into 'voluntary administration' has introduced for many a new term for describing a business in jeopardy.  Receiverships, liquidation and voluntary administration each represent a business in strife and generally unable to pay its creditors in the ordinary course of business but what are they?

Posted on Feb 24, 2011

By: Tom Arieli | Views: 1035


The application of the Takeovers Code by the Takeovers Panel has been a source of frustration for many closely-held companies who have been unnecessarily caught by the Code.  The Regulatory Reform Bill 2010 seeks to remedy this by setting clear and pragmatic thresholds for the application of the Code

Posted on Feb 24, 2011

By: Tom Arieli | Views: 637


Endeavour obligations are regularly used in commercial contracts, but the actual meaning of expressions such as ‘best endeavours’ and ‘reasonable endeavours’ is not entirely clear.  As a recent UK decision demonstrates, failure to flesh out endeavour clauses with specific obligations can be hazardous.

Posted on Feb 03, 2011

By: Tom Arieli | Views: 808


As from 1 April 2011 no GST will be payable on commercial land transactions where both parties are GST registered, subject to certain rules

Posted on Feb 03, 2011

By: Tom Arieli | Views: 1394


Directors of companies face increasing pressures in financially difficult times, as creditors and shareholders of failed companies look to hold someone accountable for losses.  The recent High Court decision concerning one of the directors of the Bridgecorp group delivers some strong messages for non-executive directors in particular.

Posted on Feb 03, 2011

By: Tom Arieli | Views: 636


Many people on holiday will have a look around for property and may be seduced into buying a section or a beach property because “there has never been a better time to buy”.  Whilst I do not disagree that many beach properties have reduced in value, there are some extra due diligence checks you should undertake.

Posted on Jan 22, 2011

By: Tim Jones | Views: 710


In the May 2010 budget, the Government signalled a revamp of the qualifying company (QC) regime. Draft legislation has now been released and is expected to come into force on 1 April 2011.

Posted on Dec 16, 2010

By: Tom Arieli | Views: 922


The Government has issued a new directive letter to the Overseas Investment Office which sets out the changes to regulations announced in September. The main intent is to address concerns around large scale overseas ownership of farmland and vertically integrated primary production companies.

Posted on Dec 16, 2010

By: Tom Arieli | Views: 946


From the perspective of suppliers of goods and services on credit who often rely on the personal guarantees of individuals, the abolition of gift duty on 1 October 2011 will diminishh the value of those personal guarantees.

Posted on Dec 16, 2010

By: Tom Arieli | Views: 1002


This article considers a discussion document on proposed dispute resolution fees regulations under the Unit Titles Act 2010 which is open for submissions until 21 January 2011 and the special resolutions process.

Posted on Dec 06, 2010

By: Vicki Toan | Views: 1274


Australia adopts a personal properties securities regime which comes into effect in May 2011.  This will impact on all New Zealand suppliers of products to Australia

Posted on Dec 02, 2010

By: Tom Arieli | Views: 750


Information security is a key business risk. It has become increasingly difficult to keep private data confidential. A key area of that risk relates to departing or disgruntled employees and the widespread tendency to allow all employees access to most, if not all information held electronically within our businesses.

Posted on Dec 02, 2010

By: Tom Arieli | Views: 672


Those who own homes and those who are about to own homes should consider the Christchurch earthquake a “wake up call” when considering home insurance.  There are many different issues around insurance for homeowners that I thought should be explored.  Whether you own an existing home or you are about to buy a home building insurance is a hugely important feature that is often taken for granted and left to the last minute.

Posted on Nov 10, 2010

By: Tim Jones | Views: 1037


The Government has announced various proposed changes to the Employment Relations Act and the Holidays Act which are mostly expected to come into force as from 1 April 2011. These are the key areas likely to be of relevance.

Posted on Nov 10, 2010

By: Brett Vautier | Views: 768


The Minister for the Environment, Dr Nick Smith, introduced a bill to create a new Environmental Protection Authority (“EPA”) on the16 November 2010. The Minister said that New Zealand needs an effective EPA to provide efficient national level regulation of environmental issues.

Posted on Nov 17, 2010

By: Vicki Toan | Views: 813


The 2010 Act looks to take some of the expense and delay out of resolving disputes between and amongst unit owners and bodies corporate.  It provides a three tiered approach depending on the subject matter of the dispute.  Disputes may be heard by the Tenancy Tribunal, District Court, or the High Court.

Posted on Nov 08, 2010

By: Vicki Toan | Views: 1219


This issue focuses on the rights and responsibilities of owners of principal units, as distinct from the powers and duties of Body Corporates, which are new to the statutory unit titles regimes in the 2010 Act.

Posted on Oct 20, 2010

By: Vicki Toan | Views: 1413


The Environment Minister Dr Nick Smith has announced that New Zealand needs to revamp its urban and infrastructure planning systems to make New Zealand’s cities better places to live, work and visit.
The Minister launched a discussion document for consultation which looks at how the Resource Management Act 1991 might be amended to achieve better outcomes in urban/built environments – without compromising on the environmental integrity of those environments.

Posted on Oct 13, 2010

By: Vicki Toan | Views: 1300


What do you have to do if you want to substantially renovate your apartment? Who do you need to inform and whose consent do you need?

Posted on Oct 11, 2010

By: Tim Jones | Views: 1373


The implications of this earthquake on the real estate market and the real estate industry in the Canterbury region is a matter of some concern. Whilst it has significant social and economic implications for those in the region, it also has financial and legal implications for those who own, lease or let property in the area.  This article considers what those particular implications might be.  .

Posted on Sep 20, 2010

By: Tim Jones | Views: 1710


This issue considers sellers’ disclosure obligations on the sale of a unit title unit, service contracts and the applicable transitional arrangements.

Posted on Sep 08, 2010

By: Vicki Toan | Views: 1902


Joel Fotu discusses the underlying issues relating to the use of an encumbrance instrument as a conveyancing device.

Posted on Sep 13, 2010

By: Joel Fotu | Views: 1608


Sections 220 and 221 of the Unit Titles Act 2010 list various sections of the 2010 Act that will not apply to existing bodies corporate until 15 months from the first day of the month following the date of commencement. Some sections in the 2010 Act may however apply before the end of the 15 month transitional period if the body corporate agrees, by special resolution, that those provisions should apply earlier. Two of the provisions which have a delayed commencement date under section 221 are sections 116 and 117 of the 2010 Act.

Posted on Aug 04, 2010

By: Vicki Toan | Views: 1175


Public consultation on the Department of Building and Housing’s (“DBH’s”) Discussion paper on regulations to support the Unit Titles Act 2010 closed on 10 June 2010. A total of 73 submissions were received.

Posted on Aug 04, 2010

By: Vicki Toan | Views: 1058



The presiding judge, Justice Ronald Young, has articulated the law and practice relating to ‘partition’ and ‘subdivision’ with such clarity and with authority that any future attempt by anyone to test the same situation in the Court would fail and perhaps be a futile exercise. However, lawyers with fertile imagination will always try where others fear to tread.

Posted on Aug 01, 2010

By: Joel Fotu | Views: 1768






















































Keywords: Body Corporate, Civil Union, Estate Agents, Estate Agents Act, Gifting Needs, Intellectual Property, Property Assets, Real Estate, Real Estate Agents

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