[Autumn 2014] Often confused as being one and the same, there are some important differences you should be aware of before implementing either a Power of Attorney (‘POA’), or an Enduring Power of Attorney (‘EPA’). EPA There are two types of EPA. Personal Care and Welfare: This allows the Donor (the person giving the EPA)… Read More.

[Autumn 2014] A 2013 High Court decision (TSB Bank Ltd v Burgess [2013] NZHC 3291) has put to bed any confusion that might have been created by two earlier decisions relating to a mortgagor’s ability to challenge a mortgagee sale due to alleged procedural errors on the part of the mortgagee (Propst [2012] NZHC 1012, Hart [2012]… Read More.

[Autumn 2014] The opportunity to explore and develop the natural resources of the Exclusive Economic Zone (‘the EEZ’) and the Continental Shelf is a significant one for New Zealand. The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (‘the Act’) and the Exclusive Economic Zone and Continental Shelf (Environmental Effects – Permitted Activities)… Read More.

[Autumn 2014] When you live on a rural property or lifestyle block, fire has the potential to cause major damage. A Nelson couple felt the ramifications after a fire started from their lifestyle block and spread into an adjoining forestry block. The Fire Service and an adjoining forestry owner obtained a substantial court judgment against… Read More.

[Autumn 2014] The idea of a right to a jury trial is so ingrained in New Zealand thinking that we often forget juries are unknown in continental Europe. They are part of our English inheritance, and lawyers from countries with different legal traditions regard our reliance on untrained lay people as bizarre. Nevertheless, juries are… Read More.

[Autumn 2014] Nearly a year to the day after the Court of Appeal, in Steigrad v BFSL 2007 Ltd [2013] NZCA 253, gave insured directors a Christmas present, the Supreme Court has played Scrooge for directors and Santa for liquidators and receivers of, and investors in, failed finance companies to recover losses by pursuing directors… Read More.