[Spring 2012] As part of security for a loan, it is not uncommon for a lender to require that someone associated with the borrower provides a personal guarantee in support of the borrower’s indebtedness to the lender. A guarantee is a promise by one party (the guarantor) to answer to another (the lender) for the… Read More.

[Spring 2012] In 2011 the English Supreme Court enforced a pre-nup for the first time. Some people thought that this signalled the end of marriage. In New Zealand, in contrast, pre-nups have been enforceable for over 30 years. However, controversy surrounds the enforceability of ‘post-nups’: agreements entered into between partners after the relationship has ended.… Read More.

[Spring 2012] What responsibility do landowners have to protect their neighbour’s property when flooding triggers a landslide from one property to the other? Is it an act of God or a preventable interference with property rights? What if the landowner has made the flooding worse by altering the course of a stream, and does it… Read More.

[Spring 2012] Whether we prefer not to think about our mortality or we are putting it off for another day, many Kiwis either do not have a will or have a will that is out of date. A will does not cost much to obtain and of all of the various documents that you will… Read More.

[Spring 2012] Credit and debt control is increasingly important for businesses in these hard economic times. Unfortunately, there are just some people who either refuse to pay or are unable to pay for goods or services they use. However, businesses need not necessarily ‘write off’ bad debts or put them down to ‘experience’. This article… Read More.

[Spring 2012] The Employment Relations Act 2000 provides the test for whether an employer’s actions in dealing with an employee are justified or not (section 103A). The test was amended in 2011 to require an assessment of whether the actions were what a fair and reasonable employer ‘could’ do, rather than what a fair and… Read More.