Residential Tenancies

Affecting both landlords and tenants

The Residential Tenancies Amendment Act 2019 came into force on 27 August 2019. This legislation affects both landlords and tenants in a number of ways including limiting a tenant's liability for careless damage in rental properties, and how methamphetamine (meth) contamination of rental properties is to be tested and managed. Landlords are also now required to provide a statement in the tenancy agreement about the property's insurance. Read more…

Leasing Commercial Premises

Before you sign the lease

Commercial leases come in varying shapes and sizes. Whether you operate a transport business and need a place to park your trucks, manufacture and sell goods from a warehouse or conduct your trade from a boutique store in the heart of the CBD, your lease agreement will be at the heart of your business.

Before you sign a lease, there are a number of core issues to consider. It is important to do your homework and talk with us before you commit to anything. Read more…

Trusts Act 2019

The new Trusts Act 2019 will come into effect on 30 January 2021. Much of the Act updates or restates law that exists already, either in statute or in case law. There are, however, a number of changes about which trustees and settlors should be aware.

The Act contains 'mandatory' and 'default' duties for trustees.  Read more…

Employing People with a Past

How the clean slate legislation works

Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging. Today's employers go through a rigorous process when recruiting; most believe it's better to put time into getting the right person than to have to deal with the consequences if things don't work out. 

One aspect of all staff recruitment is background checks on applicants. This is more important in some roles than others.  Read more…

Have an expertly-drafted agreement

Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements. In a business context, they offer protection to a buyer who has acquired a business and prevent the seller from directly competing against the buyer. A restraint provision in an employment context is designed to protect the employer's business interests when key employees leave. There's a general perception that these clauses are difficult to enforce, so why bother?  Read more…

AML One Year On

By now property purchasers will be aware of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, generally known as 'AML'. Since 1 July 2018, this legislation has imposed obligations on most of the professionals you deal with when you're buying property. AML affects your bank, accountant, lawyers and conveyancers. Since 1 January 2019, real estate agents must comply with this legislation.

What is AML about? AML is the government's response to international pressure to help combat money laundering and the financing of terrorist organisations. All your professional agents must now have evidence of your identity.  Read more…

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PO Box 1345, Dunedin 9054 |  Fax: 03 477 4021  |  E: info@downiestewart.co.nz