Debt collection 101: register a security interest over goods sold on credit

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In business the most important thing is your bottom line.  You need to get paid.  The best way to do that is to only accept cash.  Unfortunately that does not work for everyone who is in trade, some businesses need to take goods and/or services on credit in order to keep operating. It makes more commercial sense for some businesses to pay you once a month. The first step in debt collection is having good systems in place from the ...

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Borrowing explained: loans, mortgages and guarantees

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Borrowing money

When you get a loan, the bank will usually require a mortgage and guarantee.

The loan relates to the amount of money you are borrowing from the bank and contains the bank’s lending terms that you have agreed to, such as the interest rate, repayment plan and the security required by the bank.

A mortgage is a charge that will be registered against the land belonging to the borrower or a related party.  This is the bank’s way of ...

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Watery worries over low laying land

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Winter is coming and so is the rain. If you own low laying land, you may be wondering how much run off you must endure from the higher land owners.

Owners of higher land (that is being or has been built on) are obliged to construct a drainage system that will dispose of surface water to an appropriate outfall, in compliance with the Building Code. The Code requires all buildings and site work to be constructed in a way that protects ...

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Fed up with noisy neighbours? What you can do to stop the noise

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Having noisy neighbours is a real problem. Not only is it annoying, it can have a serious effect on your health and your business. Read on to find out what (legal) steps you can take to put a stop to the excessive noise created by your neighbours.

Overview

Although you cannot evict neighbours from their property, if they are a tenant, you can put pressure on their landlord to do something about the noise problem. This option may or may not be ...

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Separation agreements and division of relationship property

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Certain legal requirements must be met for a separation agreement to be binding.

One of those requirements is for both parties to receive independent legal advice and have the effects and implications of the agreement explained to them. Both parties must receive an explanation of what they would have been entitled to under the Property (Relationships) Act 1976 (“Act”). That means you must both use a lawyer and the lawyers must not work at the same law firm.

Generally one lawyer will ...

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Black and Red in Support of Christchurch

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The earthquake in Christchurch was shocking and devastating.  I am fortunate enough to be tucked away safely in the upper North Island away from the disaster.  But being so far away brings with it a feeling of hopelessness.  Watching hours of News broadcasts in horror does not seem to be helping!  In support of Christchurch, my husband and I have listed our beach property in Northland on a few websites making it available for free accommodation for those wanting to ...

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How can a caveat be removed?

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Any person claiming to be entitled to or beneficially interested in any land, or any person transferring land to be held on trust, is allowed to lodge a caveat preventing dealings with the land.

In this Blog I look at how to remove a caveat against dealings.

Removing a caveat

There are three ways to remove a caveat:

  1. The caveat can be withdrawn by the caveator (the person who lodged the caveat);
  2. By a court order for removal of a caveat;
  3. The caveat may lapse (on ...
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I have agreed to guarantee a loan, so why has the Bank sent me to a lawyer?

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In short, the Bank has sent you to a lawyer to cover its own butt.

In certain circumstances the Bank is put on notice and taken to have presumed that the guarantor has been unduly influenced by the borrower to give a guarantee. As a result, the Bank will be unable to enforce the guarantee. That is, unless before taking the guarantee it had taken steps to ensure the guarantee had not been given as a result of undue influence. Those ...

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Surf breaks of national significance now protected by law

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Earlier this year I caught the surfing bug.  This has led me to consider the environment almost daily.  I have recently been looking for ways to incorporate surfing into my job as a lawyer.  I thought this was impossible and perhaps a silly idea until I came across some submissions written by a Sumner Lawyer (now sadly deceased) for protecting world class New Zealand surf breaks and even creating “Surf Reserves”.  At that time I thought “where there’s a will, ...

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