How the Anti-Money Laundering and Countering Financing of Terrorism Act could affect you

From July, you may now be asked for information by your lawyer that previously you’ve only had to provide to banks and financial service providers. This could include verification of identity information and information about the source of funds.  This may be frustrating for you (and us too), but bear with us because this is a legal requirement, not a firm-based decision.  _______________________________

Subdivision & Contaminated Land

Check to see if land is potentially contaminated ... Since Regional Councils started to identify land that could be contaminated by chemicals or hazardous substances (called “Hazardous Land”) we have had instances where clients subdividing in areas of Tauranga that used to be orchards have had to undertake expensive soil testing and had specific conditions imposed in subdivision consents. Hazardous land uses include:

Personal Property Securities Register - The Importance of Registration

When is possession 9/10ths of the law? Find out how you could be in danger of losing assets – and not even know it. Under the PPSA (Personal Properties Securities Act), you need to hold a "perfected security interest" on leased equipment before your interest in the asset is secure. Example Let’s say you want to lease a trailer out to your customer, James, on a long-term lease.

Why has the Farm Supplier I bought from Registered a PPSR Charge Against Me?

Farm Supply companies such as RD 1, PG Wrightson and Farmlands will often register a financing statement (eg a charge) under your name at the Personal Property Securities Register when you open an account with them.  A financing statement contains information about the security interest.  Registration of the financing will in general determine the priority of creditors if you become insolvent.  Those creditors who have registered their financing statements rank ahead of those who haven’t regi

The Latest on Trusts

A recent decision from the UK High Court involving trusts set up by a Russian Oligarch, Mr Pugachev who fell out with Mr Putin, is raising alarm bells with Trust law practitioners.

The 'P' Scourge is Devastating Families

No-one who viewed coverage of the widely staring eyes of Antonie Dixon in court, following his rampage with a samurai sword while high on methamphetamine, is likely to forget it.  Yet 14 years on, the issue of methamphetamine – or “P” –  is more prevalent in our society today than ever before.

“P” House Contamination is an Unwelcome Property Trend

Problematic “P” trends have broadened to include unsuspected contamination in homes, whether by a tenant or former owner. It is becoming increasingly common to have residential sale and purchase agreements subject to a “P” residue test, or for this to be part of general due diligence.  This has been particularly prevalent in the case of residential rental properties.

Baby Boomers with Trusts – What if You’re Incapacitated?

The baby boom generation is now without question hurtling towards old age. Not only is significant wealth tied up in this age group, but there are significant potential risks in accessing that wealth, especially if it is in Trusts and in cases where key parties (eg Trustees/Settlors/Appointors) suffer from diminished capacity.