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Welcome to Lawlink's collection of articles.

As part of our service, we produce a range of legal articles designed to alert our members' clients to legal developments that may affect their businesses.

You can use the search box on the right to carry out a text search of all the articles on our website.

 

Gym contracts - sweating on the small print

Summer 2011

It is often joked that the only way out of a gym contract is death. However, following a recent investigation by the Commerce Commission ("the Commission"), gym owners have been warned that many of their gym membership contracts may be in breach of consumer credit laws and that unless changes are made, the Commission may take enforcement action in the future.

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Are you involved in a unit title development? Are you aware of the new rules?

Summer 2011

As the Unit Titles Act 2010 only came into force on 20 June 2011, not many developments will have been completed under the new Act, and many people will not be aware of the changes that the new Act has brought in.

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The new Unit Titles Act and mortgagees

Summer 2011

On 20 June 2011 the Unit Titles Act 2010 and its regulations came into force. Its provisions pose some new issues for mortgagees when selling secured property that is unit titled. Mortgagees, like all sellers of unit titled property, cannot contract out of statutory obligations. Dan Harrison, a solicitor with Harkness Henry, discusses some of these issues.

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Another business lesson from Bridgecorp

Summer 2011

As anyone involved in business will know, you can't get it right 100% of the time. It is almost inevitable that sometimes a product will fail, a job will be done poorly, or there will be an error of judgment that leads to losses by, and claims for compensation from, unhappy customers, clients or creditors.

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De facto / shadow directors

Summer 2011

Directors are responsible for the governance of a company. Directors must comply with various duties as prescribed by the Companies Act 1993 ("the Act"), and industry codes of practice. The obligations placed on directors are relatively clear. It is not so clear, however, which persons will be deemed to be directors, and therefore required to meet those obligations.

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SMEs - Compliance costs coming down

Summer 2011

Changes to financial reporting obligations are on the horizon and these changes are likely to affect you!

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How close are you to your neighbour?

Summer 2011

To ensure that your neighbours' buildings do not overshadow your property most, if not all, councils in New Zealand have in their bylaws a Height Recession Plane Rule (the Rule).

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What to know about standard terms when you're dealing online

Summer 2011

Terms of trade are critical when it comes to managing business relationships, but so much business is done online now. This article considers how businesses can ensure their standard terms apply and are enforceable in the online environment.

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Illegal file sharing - the new law

Summer 2011

There has been and continues to be a great deal of debate about the problem of illegal file sharing: how extensive is it, who should be made responsible for it, how can it be stopped, is it a problem at all? It does not seem fair that a locally produced movie about Pacific Island culture in Auckland is pirated before release, but we are secretly pleased to have the chance to see an advance copy of the final Harry Potter film.

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Consumer Law Reform Bill

Summer 2011

Increased protections for consumers, increased compliance costs for businesses and increased certainty of contract for businesses in business-to-business transactions. These are three of the likely effects of the Consumer Law Reform Bill if it is passed into law.

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What's in a name? Protection of trade names and signs

Summer 2011

"What's in a name? That which we call a rose. By any other name would smell as sweet."

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A matter of interest

Summer 2011

It is a truth universally acknowledged that, under a loan agreement, a borrower will be required to repay the sum borrowed, either in full at an agreed later date or in instalments, and interest will be charged on the amount from time to time owing until the sum is repaid.

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Farewell to gift duty

Summer 2011

On 29 August 2011, gift duty was abolished. Gift duty has taxed gifts above specified limits for over 125 years. The law change took effect on 1 October. From that date, New Zealanders will be able to make gifts of any size without having to pay any duty on the gift.

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