Northland Bar Dinner – Saturday 6 November 2010

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The Northland Bar Dinner was held at the new Northland Events Centre at Okara Park on Saturday 6 November and was attended by more than 100 guests from the Northland Bar to congratulate Associate Justice Bell and Judges Davis and Winter and to farewell Family Court Judge Druce.  We were joined by the Chief Family Court Judge and three other resident District Court Judges including Judges de Ridder and MacDonald.

Local photographer Ron Burgin took a photos as we arrived at ...

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Gift duty to be abolished

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The Revenue Minister Peter Dunne today confirmed by media statement that gift duty will be abolished.

The legislation abolishing gift duty will be passed this month and will take effect from 1 October 2011.

The Government has assessed the impact of the repeal of gift duty on income tax, creditor protection and social assistance and found that gift duty only offered minimal and incidental protection for the areas and did not justify the $70 million of ...

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No gift duty is payable on gifts to charities

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Generally if you give someone a substantial gift you will have to pay gift duty.  However, if you make a gift to a charity you do not have to pay gift duty.

For example, a society (XYZ Society Incorporated) can transfer land to a charity (XYZ Trust) for free without paying gift duty. The society could then lease the land back from the charity.  Doing this adds an extra barrier of protection for the assets.  Call me on 09 470 2445 ...

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How to enforce your loan and who is responsible for unpaid rates on the mortgaged land?

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If you have loaned someone money and registered mortgage over their property as security you are a “mortgagee”.  If the borrower has stopped making interest and principal repayments there is a process you need to follow to enforce your rights under the mortgage.

What can you do?

If the borrower is in default because they have breached the terms of the mortgage, either because they have failed to make the required payments or they have failed to do something else under the ...

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Copyright automatically protects certain work – for free!

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Copyright is a property right that exists in original copyright works.  This property right is a type of intellectual property.

Copyright work includes:

  • literary works e.g. emails, novels, lyrics, tables and compilations, computer programmes;
  • dramatic works e.g. scripts;
  • musical works e.g. sheet music;
  • artistic works e.g. photos, diagrams, drawings, sculptures, maps, paintings;
  • sound recordings (as separate from the music works);
  • films (as separate from the musical works and script);
  • communication works e.g. broadcasts on tv, radio or internet; and
  • typographical arrangements of published editions e.g. the layout of several ...
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Patent protection for inventions

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Patent protection is a type of intellectual property.

The aim of the patent regime is to provide protection by a system of registration that grants a limited-term monopoly for inventions; to provide the owner with an exclusive right to commercially exploit the invention for a period of up to 20 years, and provide protection against copying and independent creation.  The underlying rationale is that providing such protection encourages innovation and economic growth, in exchange for full disclosure of the invention and ...

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Enduring power of attorney witnessing requirements – law change

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Since 2008 the witnessing requirements for enduring powers of attorney have been very strict. Due to a potential conflict of interest the law required the donor (the person appointing the attorney) to have their signature witnessed by a lawyer who is independent of the attorney. That meant that a lawyer who acts for both the donor and attorney could not witness the donor or attorney’s signature. The lawyer could prepare the documents but would have to send the donor away ...

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Income tax “associated persons rules” in relation to land transactions

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In my Blog on trusts tainted by new associated persons rules I discussed one of the outcomes of the amendment to the “associated persons” rules in the Income Tax Act 2007. The main consequence of the amendment is that a person who is a dealer, developer or builder will “taint” persons he or she is associated with. That means you may be deemed to be a land developer if you are associated ...

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Trespass over land by a person or wandering stock

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Trespass over land is either a civil offence (a “tort” based on case law – previously known as a “writ of trespass”) or a criminal offence (the elements of which are found in the Trespass Act 1980). Trespass is a possessory right and protects an owner or occupier of land from direct interference, or invasion, of his or her land by another person. The offence also acts as deterrence by punishing persons who ...

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Structuring your business and incorporating a limited liability company

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One of the first things people consider when going into business is the type of entity or structure they would like to use to carry out their business. The business structure is like a vehicle which will take the business through its life cycle from formation to winding up. However, depending on the type of business, different structures may be appropriate for different stages of the business.

For example, it may be appropriate to start operating the business using an entity ...

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