<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:rssdatehelper="urn:rssdatehelper"><channel><title>COMPANY NAME Blog Updates</title><link>http://www.companyname.co.nz</link><pubDate></pubDate><generator>umbraco</generator><description> </description><language>en</language><item><title>Gender Diversity</title><link>http://www.companyname.co.nz/topnav/blog/2012/5/4/gender-diversity.aspx</link><pubDate>Fri, 04 May 2012 14:14:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/5/4/gender-diversity.aspx</guid><content:encoded><![CDATA[ 
<p>A survey carried out by the Human Rights Commission in 2010
revealed that women only hold about 9% of private directorships in
NZ and 21% of management positions reporting directly to the
CEO.&nbsp; However, most of these companies have no female
directors at all.</p>

<p>This compares poorly with other developed economies and with
other businesses in NZ, notably professional firms.&nbsp; Legal and
accountancy firms have become increasingly diversified over the
past 20-30 years.&nbsp; Indeed Martelli McKegg recently topped the
rankings of large and mid tier firms in NZ with women comprising
45% of our partnership (<a
href="http://www.lawfuel.co.nz/news/268/nzs-most-female-friendly-law-firms"
 target="_blank">http://www.lawfuel.co.nz/news/268/nzs-most-female-friendly-law-firms</a>).</p>

<p>Similar changes to those proposed by the NZX were introduced in
Australia and resulted in a 50% increase in the number of female
directors within just 18 months.</p>

<p>We welcome the changes proposed by NZX and believe it will
assist in delivering the improvements in corporate performance that
NZ needs.</p>
]]></content:encoded></item><item><title>Multi unit leaky building claims and the WHRS Acts</title><link>http://www.companyname.co.nz/topnav/blog/2012/4/26/multi-unit-leaky-building-claims-and-the-whrs-acts.aspx</link><pubDate>Thu, 26 Apr 2012 10:57:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/4/26/multi-unit-leaky-building-claims-and-the-whrs-acts.aspx</guid><content:encoded><![CDATA[ 
<p>Although any transfer of ownership operates to terminate a claim
under the WHRS 2006 Act, the previous 2002 Act, applicable to this
case, did not have that result.</p>

<p>The Tribunal's decision to remove our client's unit from the
multi unit claim was overturned.</p>

<p>For further information in relation to multi unit leaky building
claims please contact <a href="/our-team/sarah-wroe.aspx"
title="Sarah Wroe">Sarah Wroe</a> or <a href="/our-team/lisa-gerrard.aspx"
title="Lisa Gerrard">Lisa Gerrard</a>.</p>
]]></content:encoded></item><item><title>Court of Appeal reject attempt to strike out leaky building claim</title><link>http://www.companyname.co.nz/topnav/blog/2012/4/20/court-of-appeal-reject-attempt-to-strike-out-leaky-building-claim.aspx</link><pubDate>Fri, 20 Apr 2012 11:11:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/4/20/court-of-appeal-reject-attempt-to-strike-out-leaky-building-claim.aspx</guid><content:encoded><![CDATA[ 
<p>Sarah Wroe and Andrew Steele submitted to the Court that two out
of three trustees could bring a claim in respect of a leaky home as
long as all trustees consent to the proceedings being brought. The
Court agreed with these submissions.</p>

<p>Please contact <a href="/our-team/andrew-steele.aspx"
title="Andrew Steele">Andrew</a> or <a href="/our-team/sarah-wroe.aspx"
title="Sarah Wroe">Sarah</a> for further information or assistance
in relation to leaky buildings or claims for or against
trustees.</p>
]]></content:encoded></item><item><title>Adventure Activities – Notification required by 30 April 2011</title><link>http://www.companyname.co.nz/topnav/blog/2012/4/13/adventure-activities-–-notification-required-by-30-april-2011.aspx</link><pubDate>Fri, 13 Apr 2012 11:44:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/4/13/adventure-activities-–-notification-required-by-30-april-2011.aspx</guid><content:encoded><![CDATA[ 
<p>The new Health &amp; Safety in Employment Regulations 2011 will
make it an offence to provide adventure activities without being
registered after 1 November 2014. In order to be registered you
will have to successfully complete a safety audit and pay a
registration fee. The first step in this process is notification by
30 April 2011 for existing businesses. Any new providers must
notify the Department of Labour before commencing business.</p>

<p>To find out if your business is caught by these regulations
contact <a href="/our-team/sarah-wroe.aspx">Sarah Wroe</a>.</p>
]]></content:encoded></item><item><title>Trustees know your duties - or prepare to pay up!</title><link>http://www.companyname.co.nz/topnav/blog/2012/3/27/trustees-know-your-duties---or-prepare-to-pay-up!.aspx</link><pubDate>Tue, 27 Mar 2012 12:31:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/3/27/trustees-know-your-duties---or-prepare-to-pay-up!.aspx</guid><content:encoded><![CDATA[ 
<p>The terms of the Spencer Family No.2 Trust provided for $200 to
be paid per week out of net income to a specific beneficiary.&nbsp;
The trustees failed to make the $200 payments, instead, diverting
trust funds to another beneficiary - who was also a trustee and the
father of the beneficiary entitled to receive the income.&nbsp; The
other trustees were close friends of the father.</p>

<p>The son claimed a breach of trust by the trustees.&nbsp; The
court found in the son's favour.&nbsp; The court also found that
trustees could not rely on the indemnity clause in the trust deed
to exempt them from personal liability for their breach.&nbsp; The
defendant trustees are appealing the decision and the outcome will
be of interest to many. &nbsp;In the meantime, knowing what your
duties are and ensuring you carry out those duties is certainly
wiser than waiting to see if you can rely on an indemnity clause to
limit your personal liability for wrongdoing.</p>

<p>Contact <a href="/our-team/tara-hurley.aspx" target="_blank"
title="Tara Hurley">Tara Hurley</a> or <a href="/our-team/catherine-atchison.aspx"
target="_blank" title="Catherine Atchison">Catherine Atchison</a>
for more information on trustee duties.</p>
]]></content:encoded></item><item><title>Do you have offshore assets?</title><link>http://www.companyname.co.nz/topnav/blog/2012/3/20/do-you-have-offshore-assets.aspx</link><pubDate>Tue, 20 Mar 2012 09:08:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/3/20/do-you-have-offshore-assets.aspx</guid><content:encoded><![CDATA[ 
<p>This would ensure that your estate would be dealt with as
quickly as possible following your death.&nbsp; If you die leaving
one Will, but assets situated offshore, then this Will may need to
be proven in each country where your assets are situated.&nbsp;
This can be a difficult and expensive process as there are
considerable differences between many legal systems in terms of
what is required for a valid Will.&nbsp;</p>

<p>Our team doesn't just have knowledge of the system in New
Zealand. We can also help you if your assets include offshore
property. &nbsp;Contact <a href="/our-team/louise-minton.aspx"
title="Louise Minton">Louise Minton</a> or <a
href="/our-team/catherine-atchison.aspx"
title="Catherine Atchison">Catherine Atchison</a> if this applies
to you.</p>
]]></content:encoded></item><item><title>Solicitor’s Approval v Due Diligence</title><link>http://www.companyname.co.nz/topnav/blog/2012/3/9/solicitor’s-approval-v-due-diligence.aspx</link><pubDate>Fri, 09 Mar 2012 12:28:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/3/9/solicitor’s-approval-v-due-diligence.aspx</guid><content:encoded><![CDATA[ 
<p>When buying property it is important that you do your
homework.&nbsp;&nbsp; This can involve more than just getting a LIM
and having your builder friend cast an eye over it.&nbsp;&nbsp; If
you are intending to buy you should carry out a full investigation
of the property or at least allow yourself the ability to do
so.&nbsp; That's why a due diligence condition in your agreement is
vital.&nbsp; It allows you to obtain all the reports you think you
need and the ones you don't. Contact us if you are intending to
buy.&nbsp;&nbsp; We have the right conditions for you!</p>
]]></content:encoded></item><item><title>Your relationship has broken down - now what?</title><link>http://www.companyname.co.nz/topnav/blog/2012/3/5/your-relationship-has-broken-down---now-what.aspx</link><pubDate>Mon, 05 Mar 2012 12:02:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/3/5/your-relationship-has-broken-down---now-what.aspx</guid><content:encoded><![CDATA[ 
<p>Getting legal advice early on is important.&nbsp; You are likely
to have some pressing questions, such as:</p>

<ul>
<li>Who has to move out?</li>

<li>What about the kids?</li>

<li>What are my rights to property?</li>

<li>How am I going to support myself, or, what am I going to have
to pay?</li>
</ul>

<p>Depending on what "stage" you are in, the first meeting with
your lawyer may simply be an information gathering exercise.&nbsp;
Your lawyer may also suggest you undertake some specialist
counselling before attempting to negotiate division of property and
financial support.&nbsp; In other cases it may be necessary to act
quickly, to prevent property from being disposed of by your
partner.</p>

<p>Whatever your situation, we have the expertise to assist you
with your legal needs following a relationship break down and we
have access to trusted barristers who can provide specialist advice
on care of children matters.</p>

<p>If you or anyone you know needs assistance, please call <a
href="/our-team/tara-hurley.aspx"
target="_blank" title="Tara Hurley">Tara Hurley</a> for an
appointment.</p>
]]></content:encoded></item><item><title>Leaky home liability insurance</title><link>http://www.companyname.co.nz/topnav/blog/2012/3/1/leaky-home-liability-insurance.aspx</link><pubDate>Thu, 01 Mar 2012 10:57:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/3/1/leaky-home-liability-insurance.aspx</guid><content:encoded><![CDATA[ 
<p>Such attempts can increase the time it takes for cases to be
resolved, particularly if the insurance company's lawyers take an
aggressive stance, and may make early settlement less likely.&nbsp;
A recent High Court decision has confirmed that these sorts of
claims against insurers can only be brought in special
circumstances.</p>

<p>In <em>Chow v Thomson</em> the High Court considered an
application by the Franklin District Council to join the insurer of
two building contractors as a defendant. &nbsp;The insurer was
already involved in the proceeding but the Council had brought the
application so they could claim against the insurer directly.</p>

<p>The Court recognised that it could not join the insurer as a
defendant if it was possible for the Council to bring its claim
against the insured party, i.e. the contractors. &nbsp;The Court
determined that the Council could bring its claim against the
contractors directly, and therefore dismissed the application to
join the insurer as a defendant.</p>

<p>This decision shows that a claim cannot be brought against an
insurer if a claim against the insured party will enable
recovery.</p>

<p>If you would like more information about this or leaky buildings
in general please contact <a href="/our-team/richard-potter.aspx"
target="_blank" title="Richard Potter">Richard Potter</a> or <a
href="/our-team/lisa-gerrard.aspx"
target="_blank" title="Lisa Gerrard">Lisa Gerrard</a>.</p>
]]></content:encoded></item><item><title>Countering the Counterfeiters</title><link>http://www.companyname.co.nz/topnav/blog/2012/2/22/countering-the-counterfeiters.aspx</link><pubDate>Wed, 22 Feb 2012 10:28:00 GMT</pubDate><guid>http://www.companyname.co.nz/topnav/blog/2012/2/22/countering-the-counterfeiters.aspx</guid><content:encoded><![CDATA[ 
<p>Under the Trade Marks Act 2002 and the Copyright Act 1994 it is
a criminal offence to sell, import or manufacture counterfeit goods
or pirated works.&nbsp; &nbsp;Until recently it has been the sole
responsibility of the Police to investigate and prosecute
counterfeiters.&nbsp; Unfortunately, a lack of resources and
expertise within the Police has meant that enforcement of these
provisions has not been high priority.</p>

<p>Recent legislative changes now provide for the appointment of
enforcement officers within Customs to investigate and prosecute
counterfeiters.&nbsp; Enforcement officers have the power to enter
any public place (including a shop, stall or vehicle) where goods
are being sold and examine the goods without a warrant.&nbsp;
Enforcement officers may:</p>

<ul>
<li>
<p>examine any item or document,</p>
</li>

<li>
<p>take photographs or video recordings;</p>
</li>

<li>
<p>take any person with them to assist with their examination
(including a member of the Police);</p>
</li>

<li>
<p>seize any item reasonably believed to be evidence of an offence;
or</p>
</li>

<li>
<p>require any person to appear and answer questions.</p>
</li>
</ul>

<p>A person convicted for an offence may be imprisoned for up to
five years or fined up to $150,000.&nbsp;&nbsp;</p>

<p>It is important to note that only registered trade marks are
protected by the criminal provisions of the Trade Marks Act.&nbsp;
If you would like to speak to us further about protecting your
brand please contact <a href="/our-team/josie-webb.aspx" target="_blank"
title="Josie Webb">Josie Webb</a> or <a href="/our-team/mike-worsnop.aspx"
target="_blank" title="Mike Worsnop">Mike Worsnop</a>.</p>
]]></content:encoded></item></channel></rss>

