Over the Fence

October 19, 2017 by

Health and safety legislation sentencings expected

There are a number of developments in health and safety expected later this year. These include the first sentencings under the new Health and Safety at Work Act 2015 that are due to be released. As well, WorkSafe is expected to launch its Health and Safety Improvement Performance Toolkit. We will continue to monitor this and update you in the next edition of Rural eSpeaking due in summer.

 

Judgements of rural interest

Farmers unsuccessful in their claim against rural contractor

In May this year the High Court released its judgement in the case of A P and A W Hughes Limited v Lyall.[1] In 2014 Allan Lyall was contracted by A P and A W Hughes Limited to harvest a pea and barley crop for silage. When the silage was opened for feeding, which was three months after harvest, it was found to be in poor condition. The farmers attempted to sue the contractor for $300,000 worth of damage to the silage crop seeking compensation for the loss of winter feed.

The High Court found that the contractor used the skills expected of a reasonably competent silage contractor to implement the fall-back option of cut rake and chop that was agreed to by the farmers at the time of harvest. Despite this, soil was still incorporated in the silage by this process resulting in a loss of silage quality. The judge found the silage was poor quality because the crop was over-matured when it was harvested and this was not the contractor’s fault; it was simply the consequence of adopting an option agreed to by the parties to address the circumstances.

Read the rest of this entry »

Fire Hazards

October 9, 2017 by

Look after your property

Four years ago we published an article about the risk of fire in the rural sector and the consequences of not holding appropriate insurance cover (Rural eSpeaking, Issue 12, Winter–Spring 2013). The number of rural fires throughout the country seems to be increasing each year.

Gisborne fire

Recently Stuff reported on a case in Gisborne[1] where the Gisborne District Council was found by a judge to have acted negligently by “failing to address a fire hazard on its block of land” when a fire began on the land and caused damage to the neighbouring sawmill owned by Double J Smallwoods Limited. The judge ordered the council to pay Double J Smallwoods’ owners more than $875,000 in damages for the loss caused by the fire, which had occurred some seven years before.

Read the rest of this entry »

‘Nuptial Settlements’

October 2, 2017 by

Have I made one?

The law around trusts is ever-changing particularly with relationship property and matrimonial issues. The courts continue to chip away at the trust as an appropriate vehicle to protect assets against a relationship breakup.

The Clayton case

One area of this changing environment that will be of interest to the rural community is a consequence of some judicial reasoning in the Clayton v Clayton[1] case. There will be particular interest in the comments made in relation to ‘nuptial settlements’ and s182 of the Family Proceedings Act 1980.

Read the rest of this entry »

Sweeney Todd & KiwiSaver

September 27, 2017 by

Enforceable undertaking accepted by WorkSafe after two students hurt in St Kentigern’s Sweeney Todd production

WorkSafe New Zealand has accepted an enforceable undertaking from the St Kentigern Trust Board following an incident in which two of their students were hurt during its production of Sweeney Todd in April last year.

WorkSafe’s investigation found that the board breached the Health and Safety at Work Act 2015 (HSWA) by failing to ensure, so far as was reasonably practicable, that the health and safety of students was not put at risk from work carried out as part of the business or undertaking.

Read the rest of this entry »

Get Your Enduring Powers of Attorney Sorted Out

September 18, 2017 by

Having an Enduring Power of Attorney (EPA) is as vital as making sure you have a Will. Whether you’re 18 or 80 years old, you never know when you may need to have a responsible person to make decisions on your behalf.

What is an EPA?

An EPA is a set of two legal documents, one for personal care and welfare, and the other for property. They appoint an attorney to act on your behalf to carry out your wishes at times when you may lack the mental capacity to do so yourself or, in the case of property matters, at your discretion. Lack of mental capacity can be caused by, for example, a brain injury, an accident, or a medical condition such as a stroke or Alzheimer’s.

It’s important that you appoint someone you trust, and who understands you, to be your attorney. It can be difficult to talk about, but you should consult with your family about your EPAs so that everyone knows what to do if you become unwell and can’t manage your affairs by yourself.

Read the rest of this entry »

Time to Update Your Ts and Cs

September 12, 2017 by

New legislation in force from 1 September 2017

In February the Contract and Commercial Law Act 2017 (CCLA) was enacted which will repeal a number of commercial statutes and consolidate them in the CCLA. It comes into force on 1 September 2017.

If you operate a business that uses standard form contracts, terms of trade or other such documents which refer to the old laws, you should update those to take account of the new legislation.

Read the rest of this entry »

Up in the Air: Using your drone

September 5, 2017 by

The use of drones is no longer limited to government agencies, technical gurus or the super wealthy. The market has been flooded with drones that are reasonably priced and are easy to use. These high-tech pieces of equipment are, however, bound by Civil Aviation Rules. In this article, we explore what rules there are around their use.

Drone technology allows a pilot to film and photograph from the sky allowing an aerial view that was once only available through the use of planes, helicopters or satellites. More and more businesses are using drone technology to assist them. Drones have been used in the agricultural sector to aid crop and stock inspection and, in August last year, Domino’s Pizza successfully delivered a pizza by drone.

Read the rest of this entry »

A Helping Hand for First Home Buyers

August 29, 2017 by

Options for parents to help

It’s every Kiwi’s dream to own their own quarter-acre share of paradise. Unfortunately for many young people today, not only are the quarter-acre sections fast disappearing into multi-complex developments, but it’s also becoming harder than ever before with an ever-rising property market.

Every time you turn on the news, we hear something about the housing unaffordability in Auckland. Those south of the Bombay Hills start to get a bit glassy-eyed when listening to this on repeat. However, since the government’s introduction of the ‘LVR’ rules in October 2016 aimed at improving affordability in these markets, we must pay attention as all of New Zealand is affected.

The LVR explained

The loan-to-value ratio (LVR) is a measure of how much a lender will lend against a mortgaged property compared with the value of that property. Borrowers with LVRs of more than 80% (that’s less than 20% deposit) are often stretching their financial resources. As well, they are more vulnerable to an economic or financial shock, such as a recession or an increase in interest rates.

Read the rest of this entry »

Property Briefs

August 21, 2017 by

Hidden titles

If you or a member of your family have been granted a protection order under the Domestic Violence Act 1995 you can apply to the Registrar-General of Land under s108 of the Act to hide the information held about you on the Land Register which may otherwise disclose your whereabouts.

In practice this means that no-one can then search for your title information without your consent. The hidden title direction lasts for five years unless the protection order is discharged earlier; and it can be revoked at any time if your circumstances change.

Co-owners of the property must consent to your application as their details will also be concealed.

Read the rest of this entry »

What Are Your Rights When Your Tenants Don’t Pay Up?

August 15, 2017 by

Renting out residential property is a great way to make some extra money, pay your mortgage off faster and build an investment nest egg. It can cause real frustration, however, when your tenant fails to pay rent on time.

To avoid costly delays, you should know the steps to take that will allow early intervention to either get the rent payments back on track or to bring the tenancy to an end.

Early intervention is key when it comes to dealing with rent payment problems. Your tenancy agreement should clearly state how rent is to be paid and when. You should also keep and monitor rent records so you will know straight away if your tenant falls behind in payments. If your tenant does miss a payment the first step is to contact them to find out the reason for that missed payment and to make a payment plan. If your tenant doesn’t pay the overdue rent, below is a guide to help fix the problem.

Read the rest of this entry »