Many of us are familiar with the tort of negligence — an act or omission by one party that causes loss to another party. Inherent in a negligence claim is the concept of ‘fault’. A recent case illustrates why nuisance, a tort similar to negligence except that fault is not necessary, is still relevant.
‘Nuisance’ is still relevant in court
Many of us are familiar with the tort of negligence — an act or omission by one party that causes loss to another party. Inherent in a negligence claim is the concept of ‘fault’. A recent case illustrates why nuisance, a tort similar to negligence except that fault is not necessary, is still relevant.
Water Services Act 2021
Although the government’s proposed Three Waters Reform Programme has been very much centre-stage recently, there is an important new statute regarding water that will impact on the rural community.
Property briefs – Summer 2021
The country is now out of its second lockdown with Auckland and parts of the Waikato in Level 3 with the rest of the country sitting at Level 2. Given the current uncertainty with how we can get on top of the Delta strain outbreak, let’s have a look at where this leaves us and our property dealings across differing alert levels.
Caveats
The Latin word ‘caveat’ literally translates to ‘let him beware’. In a legal sense, caveats are generally used to protect the proprietary rights of the person registering the caveat by stopping the registered owner of the property from transferring, mortgaging or otherwise dealing with the property.
Disputes in contracts
Welcome to the Summer 2021 edition of Property Speaking, and the last issue for the year.
Business briefs
Topics covered in this article: unfair contract terms regime extended to small business contracts; new sick leave provisions; changes to the retention money regime for construction contracts.
Lease vs licence
Leases and licences are common contractual arrangements. Although both are similar, there are crucial differences between them which can have significant implications for anyone who owns or occupies commercial premises.
Bonding agreements
Bonding agreements can be an incredibly useful tool for ensuring employers can recoup costs incurred for training staff.
Britney Spears’ conservatorship
The American entertainer Britney Spears’ conservatorship has recently been in the headlines. She is asking American courts to reconsider the conservatorship which has been in place for some years.
Estate laws due for a shake-up
The laws about the administration of estates are being reviewed by the Law Commission. Much of what has been proposed so far is uncontroversial but there are some recommendations that may prove unpopular, although they are likely to be refined during the Parliamentary process.