Welcome to the Sharp Tudhope Lawyers' blog. Here you will
find topical information and advice relating to a wide range
of areas of law, written by our legal experts.
Wednesday February 15, 2017
Anybody who enters into contracts as part of a construction contract will be familiar with the idea of “liquidated damages”. These clauses outline the amount of money which is payable by a party who breaches the contract. The amount payable under a liquidated damages clause is meant to be a genuine pre-estimate of the damage which will be suffered by the innocent party as a result of the breach. The amount does not have to be entirely correct, but it needs to be genuine.
Friday January 27, 2017
Amended regulations for Enduring Powers of Attorney will come into force on 16 March.
The regulations will include new plain language Enduring Power of Attorney (EPA) forms and a plain language explanation of the effects and implications of entering into an EPA.
Friday December 9, 2016
Heading into the most popular purchasing season of the year means it is the perfect time for a refresher on your consumer exchange rights.
The Consumer Guarantees Act 1993 sets out the law around returns where a product is faulty or does not perform as advertised. However, it does not provide for the return of goods you simply “don’t like” or “don’t want”. Ultimately this is determined by the return policy of the store you have purchased the product from.
Friday December 2, 2016
As of yesterday, 1 December 2016, the 2 year transition period under the Financial Markets Conduct Act 2013 (“FMCA”) officially came to an end. Now, all offers of financial products (such as shares) must be made under the FMCA and the Securities Act 1978 is put to bed.
Wednesday November 16, 2016
Are you looking at buying or selling an apartment? If so, there are key provisions of the Unit Titles for information disclosure which you need to be aware of. Note: these rules cannot be contracted out of if and when you decide to sell up and move on.
Thursday November 3, 2016
Parliament has identified the need for clarification of the forthcoming retention regime under the Construction Contracts Amendment Act 2015 (“Amendment Act”), and has introduced the Regulatory Systems (Commercial Matters) Amendment Bill (“Bill”), which proposes to change s11A of the Amendment Act.
Wednesday October 12, 2016
For many people, due diligence is not a common phrase but it is something that every purchaser should consider if you are buying a commercial investment, residential property or business.
Thursday October 6, 2016
With the housing boom in our region in full effect we’re seeing buyers rushing in to grab bare land as soon as it hits the market – often without an inspection.
Friday September 23, 2016
Last year an array of amendments were made to the Construction Contracts Act 2002 (CCA), to be implemented in three stages, namely on 1 December 2015, 1 September 2016, and 31 March 2017. For our earlier bulletin with details of the Stage 1 amendments follow this link.
Thursday September 8, 2016
If you are a property investor or offshore owner of residential property in New Zealand, you may be caught by the new Residential Land Withholding Tax (RLWT) rules if you are looking to sell within two years of purchase. New rules came into force on 1 July 2016 that require RLWT to be collected on certain property sales.