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Legal articles written by Cavell Leitch lawyers.

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Thought Leadership

A Brief Market Update – Christchurch Commercial Property

The Christchurch commercial property market experienced disruption following the Canterbury Earthquakes. Prior to the earthquakes, increasing vacancy rates and shorter lease terms evidenced what was effectively a ‘tenant’s market’. Tenancy inducements were on offer to attract quality tenants whilst rental growth and investment demand remained relatively flat.

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Unfair contract terms in business to business contracts

A recent court case in the Federal Court of Australia has tested the application of the unfair contracts regime to small businesses.

The Australian Consumer Law Act applies to protect consumers from unfair contract terms in standard form contracts and in November 2016 was extended to protect small businesses.

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What does a change of Government mean for the property sector?

Weeks of speculation came to a close on 19 October 2017 when Winston Peters announced that New Zealand would soon see a change in Government. For better or for worse, the new Government has quite publically intended to implement tighter restrictions on overseas buyers. A lot is still not yet ...

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Validation of Wills

Wills are very important documents. The law recognises this by imposing very strict requirements on how they are to be signed.
For a Will to be considered valid, it must be signed by the willmaker, or at the direction of the willmaker, in the presence of two witnesses. Those witnesses ...

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Permitted Boundary Activities

Changes to the Resource Management Act (RMA) on 18 October 2017 have affected how some basic resource consents applications are processed. The intent is to speed up processing, reduce time and expense to applicants, and to free up councils to focus on more complex applications.

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The breakdown - behind the scenes of a major sporting event

As with any commercial enterprise, major sporting events involve a number of important commercial relationships and require agreements to be put in place in order to operate successfully while minimising risks for those organising and participating in the event.

This article touches briefly on some of the key legal commercial ...

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Calling the shots on disciplinary issues in sport

We Kiwis love our sport, and amateur and community sports clubs are the backbone of our communities. However, largely run by volunteers, the rules and regulations of the game, and importantly the enforcement of those rules and regulations, can be grossly inconsistent between and within codes. This is perhaps best ...

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Who keeps the bling?

With more couples choosing to invest a significant amount of money in their engagement ring, when an engagement is called off, the question of who keeps the ring can be contentious and have a significant impact on the division of property between partners or spouses.

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New fire levies: A hot topic!

The Fire and Emergency New Zealand Act 2017 (the Act), which came into force earlier this year, has the potential to have significant financial implications for commercial property owners, and their tenants.

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A Brilliant Public Capital Raise – The Hub Hornby Shopping Mall

Raising capital from existing investors and the public can be challenging, particularly when you are facing the numerous requirements of the Financial Markets Authority (FMA) and related financial markets legislation. However, when done properly, the result can be massively successful for all involved. Cavell Leitch recently advised Shopping Centre Investments ...

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Trans-Tasman disputes – out of which court do I sue?

With the evolution of the ‘global economy’, disputes between parties who reside or do business in different countries are now commonplace. Disputes between New Zealanders and Australians are governed by the Trans-Tasman Proceedings Act 2010. This Act simplifies the process and reduces costs for resolving civil disputes where the parties ...

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