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133A Central Park Drive
Waitakere City
Auckland 0610
New Zealand
Phone: +64 9 837 0550
Fax: +64 9 838 7187
Email: info@corbanrevell.co.nz

Contract and Commercial Law Act 2017 The CCLA comes into force on 1 September 2017. It repeals 11 existing commercial Acts and places it under one Act.

CCLA will apply in full to all contracts entered into on or after 1 September 2017. For contracts entered into before 1 September 2017, there are some minor changes and will also need to refer to the CCLA schedules.
 
GREAT NEWS FOR FIJI NATIONALS ABOUT PACIFIC QUOTA REGISTRATION The suspension of Fiji from the Pacific Access Category has been lifted. Fiji nationals will be able to take part in 2015. Applicants are required to lodge a Registration.

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Parents of New Zealand Citizens/Residents can apply for Residence New Zealand citizens or residents can sponsor their parent to apply for residence under the Family Parent Category. This category of application has a two tier scheme namely Tier 1 and Tier 2

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NEW ENTREPRENEUR WORK VISA EFFECTIVE 24 MARCH 2014

The Long Term Business Visa Category which was closed in December 2013 has been replaced with the Entrepreneur Work Visa Category. Immigration New Zealand (INZ) will accept application under the new category from 24 March 2014.

The new category is designed to attract high value business from experienced business people who can create high growth and innovative businesses with export potential It requires a minimum capital investment of NZ$100,000 excluding working capital. The principal applicant is self-employed to operate the business.

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Long Term Business Visa Category Closed

The current category of the “Long Term Business Visa”  was officially closed and discontinued at on 20 December 2013. Applicants who have already lodged an application under the old policy can continue to be processed under that policy.

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The new rules on Alcohol Sale and Supply

On 18 December 2012 the Sale and Supply of Alcohol Act 2012 (“SSAA”) was enacted. The new regime replaces the Sale of Liquor Act 1989 (“SOLA”).   The majority of the machinery provisions and the establishment of the new District Licensing Committees (“DLCs”) comes into force on 18 December 2013.

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If you are in the food industry, you are likely to be impacted on by the proposed Food Bill. The Food Bill replaces the Food Act 1981 and imposes new controls which are likely to replace the need for Food Hygiene bylaws promulgated and enforced by Councils. The submissions for the Food Bill close on 16 August 2013.

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Business Migration for Chinese

Written in Chinese an article for Chinese speakers concerning Business Migration.

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Wills

Recently there have been a large number of court decisions published to among the legal profession make it clear that many people are attempting to make provision for their families on their death, without actually going to the bother and expense of making a formal will.

Such attempts range from people leaving an expression of their wishes on a scrap of paper to buying and completing a wills form but then not properly signing or properly having it witnessed – or even attending to have a lawyer draft a will and then failing to sign it.

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Employers Beware - 90 day Trial Period

Employers beware. If you are thinking of firing one of your employee’s, make sure that you have followed procedure right to the tee by having your employee sign his or her contract on time.

A towing company in Poriua was recently ordered by the Employment Relations Authority (“ERA”) to pay  $11,050 for loss of income and a further $5000 as compensation for humiliation, loss of dignity and injury to feelings for wrongful dismissal even though  the employee Susan Stirling, was fired within 90 days of commencing employment.

 
The Value of a Shareholder's Agreement

While there is no legal requirement for Shareholders in a Company to enter into a Shareholder’s Agreement, having one will certainly result in avoiding problems that may arise between shareholders in the future.

You might for example start a Company with 2 or 3 friends and never envision that you might have a falling out or disagreement about where the business should go, alternatively you might decide to give one of your employees some shares in the Company; if you do this you will want to think about what happens to those shares if that employee stops working for you.

 
APPEALS AGAINST DECISION ON APPLICATION FOR RESIDENCE

Applicants whose applications for reisdence have been declined can appeal to the Immigration and  Protection Tribunal within the time frame.

The Tribunal has the jurisdiction to overturn the decision made on the application by the Immigration New Zealand (INZ) and if the appeal is successful, the application will be returned to INZ for reassessment or it can even direct INZ to approve the application in the circumstances where justified.

Click read more to learn about;

  • Appeal Against Deportation Order
  • Requests Pursuant to Section 61 of the Immigration Act 2009

 
Structuring your affairs to protect your personal assets - Is a Family Trust for you?

Businesses can fail for many reasons. Often failure arises from factors outside your control. These factors can include global economic crises, a large debtor going into liquidation or receivership and failing to pay you, a product you are selling becoming obsolete or even a change in your financier’s lending criteria.

The question arises: Should you lose all of your personal assets which you have worked hard for over the years due to your business failing as a result of factors beyond your control. If the answer is yes then you should consider a Family Trust.

Family Trusts have been a hot topic among business people in New Zealand now for a number of years. Family Trusts have become a common structure in New Zealand and every man and his dog seems to have one but many don’t understand how a trust works.

 

It is common knowledge that business in New Zealand is predominantly made up of small to medium business enterprises (SME’s).

A large proportion of these businesses use the concept of a limited liability company as the vehicle under which the majority of New Zealand SME’s operate.

While a limited liability company protects shareholders by limiting their liability to the value of their shares it does not by itself protect shareholders/business owners who advance money or assets to the company.

 
What are your rights when you are arrested/detained by the police?

On an introductory note, the Police’s power of questioning must be set out. The police may ask your name, address, date of birth, occupation and other routine processing questions. You must provide an answer to these, or else the Police may arrest you.

Before questioning you about anything else, the police must give your rights pursuant to section 23 of the Bill of Rights Act, namely that;

 

You have successfully obtained judgment against a debtor in the District Court, Tenancy Tribunal or Disputes Tribunal. Most people would think that the battle has now been won. This line of thinking is commonplace among most creditors, despite being inherently wrong.

However, if you do not enforce a judgment, then you may never see the proceeds of the judgment that you have rightfully obtained.

 
Immigration Update - Commercial Airlines Transport Passengeres to New Zealand

The New Zealand Government has established the Carrier Infringement Unit in the Immigration New Zealand by virtue of the Immigration Act 2009. 

With effect from 1 July 2012, commercial airlines which transport passengers who are not eligible for entry in New Zealand without reasonable excuse will infringe the law and it is an offence.  

 

Immigration New Zealand has changed the policy with regard to residence application under Family Parent and Family Sibling and Adult Child category.

The two categories were closed on 16 May 2012. The new Parent category will reopen in July 2012.

The change does not affect the Parent Retirement category.

 

 
So You're Thinking of Retirement?

ARTICLE by Lisa Roberts, June 2011


 

Is it in the one year plan, the five year plan or the thiry year plan?

 Corban Revell Lawyers has assisted its clients and their families for more than thirty years in West Auckland.

Like our clients, we have matured and set down roots in our thirty four year history and we are proud to say we now act for the children and grandchildren of those first clients. We find that each client may have a unique set of curcumstances, they also have one thing in common – the desire to ensure the assets they have built up during their working lives are protected in retirement and preserved for future generations.

Even if you think you are too young to plan for the future, it may pay to have a chat to us about what you can do. It may be as simple as preparing a will or an enduring power of attorney so you can travel with peace of mind.

These days retirement doesn’t mean planning for end of life, it can mean travel, downsizing your family home, setting up a trust  or moving into a senior lifestyle apartment.

Each of these options mean there are decisions you should consider when choosing what path you want your retirement years to take.  To read more click link below.

 
Employment Relations Act 2000 - Key Changes

ARTICLE by Kim Wight, Solicitor and Francis Peters, Solicitor

May 2011


EMPLOYMENT RELATIONS ACT 2000 – Key Changes:

  • requiring employers to retain employment agreements;
  • extending the 90 day trial period for new employees to all businesses;
  • changes to union access to workplaces;
  • changes to the personal grievance provisions;
  • changes to penalties and remedies;
  • the role of mediation.

THE HOLIDAYS ACT 2004 – Key Changes:

  • allowing employees to ask to cash up a maximum of one week of annual leave;
  • changes to the calculation of payments for public holidays, alternative holidays, sick leave and bereavement leave;
  • requirements regarding requesting proof of sickness or injury;
  • changes to transferring the observance of public holidays
 
LAQC Update

ARTICLE by Frank Chan, Solicitor

March 2011


 Recent law changes will affect Loss-Attributing Qualifying Companies (“LAQCs”) and how they are assessed for tax as from 1 April 2011:

 LAQCs will no longer be able to attribute losses to shareholders for income years starting on or after 1 April 2011, and existing LAQCs automatically become Qualifying Companies (“QCs”) (without the ability to attribute losses) at the start of the income year that begins on or after 1 April 2011.

There will not be any ‘new’ LAQC or QC elections; companies will not be able to make the election to become an LAQC or QC for an income year that starts on or after 1 April 2011. Companies can still make the election, but only for an income year that starts prior to 1 April 2011.

 
Tax Avoidance

ARTICLE by John Kahukiwa, Partner
June 2010

 “Family business structures found guilty of tax avoidance”


 Introduction

On the 4th June 2010 Court of Appeal, by a 2 – 1 majority, has found that two Christchurch orthopaedic surgeons (independently of each other) deliberately avoided paying higher taxes. Each Surgeon set up his practice so that it was run by a company and owned substantially by his respective family trust. The case is worthwhile noting, because of the common use of this type of structure across New Zealand, and its relevance to a range of family run businesses.

 The Facts

The facts are that Ian Penney and Gary Hooper (the subject tax payers) initially conducted their practices on their own accounts but later set up companies to buy their practices. The companies were owned substantially by Mr Penney's and Mr Hooper's family trusts respectively and the men were employed by them at salaries determined by the companies.

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CHANGES TO ENDURING POWERS OF ATTORNEY - PERSONAL CARE AND WELFARE / PROPERTY

ARTICLE by Barbara McDonald, Registered Legal Executive
October 2008

Enduring Powers of Attorney for Personal Care and Welfare and/or Property enable a person (the donor) to appoint an attorney to look after their affairs on their behalf when they no longer have the mental capacity to do this for themselves.

However previously there have been concerns raised by Social Workers and Age Concern that there was misuse of enduring powers of attorney and that the donor did not have adequate protection from misuse. As a result a report was prepared by the Law Commission and from the 26th September 2008 The Protection of Personal and Property Rights Amendment Act 2007 came into effect.

 

 
A WILL IN TIME (SAVES TROUBLE AND EXPENSE)

Article Published in the Western Leader:

Written by Tom Allen, Registered Legal Executive

Father of four young children deceased suddenly.  The father had always been conscious about the need to look after his widow and the four young children.  He had taken out a life insurance policy over his life for a substantial sum of money.  However, after the father passed away, what should have been a simple process became complicated because the father:

(i)         failed to make out a will; and

(ii)        failed to name his widow or children as beneficiaries under the life insurance policy.
 

 
YOUR OBLIGATIONS WHEN AGREEING TO PURCHASE A PROPERTY

Article Published in the Western Leader

Written by: Lisa Roberts, Associate

You will have heard in the news recently about a couple who were ordered by the Court of Appeal to pay damages to the Vendor (Seller) on a Northland property deal as the couple had “not done enough” to sell their home, pursuant to a condition contained in an Agreement for Sale and Purchase.

Corban Revell have acted on a similar matter, also with a successful outcome for the Vendors.  Initially, Corban Revell was instructed by the Vendors to act on the sale of their residential property, conditional on the Purchasers obtaining finance approval. Subsequently the Purchasers cancelled the Agreement on the grounds that the Purchasers could not obtain finance.