Janine McTainsh, Author at Sharp Tudhope

FMCA TRANSITION PERIOD ENDS

2 December 2016

As of yesterday, 1 December 2016, the 2 year transition period under the Financial Markets Conduct Act 2013 ("FMCA") officially came to an end. Now, all offers of financial products (such as shares) must be made under the FMCA and the Securities Act 1978 is put to bed. Gone are the days of lengthy Prospectus...

Written by: Janine McTainsh

SELLING A UNIT TITLE? HERE’S WHAT YOU NEED TO KNOW

16 November 2016

Are you looking at buying or selling an apartment? If so, there are key provisions of the Unit Titles for information disclosure which you need to be aware of. Note: these rules cannot be contracted out of if and when you decide to sell up and move on. Unlike your average property transaction, there are...

Written by: Janine McTainsh

CONSUMER EXCHANGE LAW

9 November 2016

Heading into the most popular purchasing season of the year means it is the perfect time for a refresher on your consumer exchange rights. The Consumer Guarantees Act 1993 sets out the law around returns where a product is faulty or does not perform as advertised. However, it does not provide for the return of...

Written by: Janine McTainsh

STAY SHARP OCTOBER 2016

31 October 2016

It's hard to believe there are only eight working weeks until Christmas! Whilst we are looking forward to a break, we are also well aware that legal issues don't just go away over Christmas so the team are working hard to ensure client needs are met.for and Brooke Courtney tells us why due diligence is...

Written by: Janine McTainsh

SNAPPING UP A SECTION? READ THIS FIRST

6 October 2016

With the housing boom in our region in full effect we're seeing buyers rushing in to grab bare land as soon as it hits the market - often without an inspection. Subdivisions are appealing if you're looking to move into a brand new community. But the land you inspect at the outset may look quite...

Written by: Janine McTainsh

ASSIGNING A LEASE – ARE YOU “OFF THE HOOK”?

12 September 2016

If you are thinking of selling your business and assigning your premises lease, or moving your business to new premises, you may need to assign your lease (assuming that the lease does not prohibit assignment). Normally, you will need your landlord's consent to the assignment. Before consenting to the assignment, your landlord must be satisfied...

Written by: Janine McTainsh

PROPERTY INVESTORS AND OFFSHORE OWNERS – DO YOUR HOMEWORK

8 September 2016

If you are a property investor or offshore owner of residential property in New Zealand, you may be caught by the new Residential Land Withholding Tax (RLWT) rules if you are looking to sell within two years of purchase. New rules came into force on 1 July 2016 that require RLWT to be collected on...

Written by: Janine McTainsh

WHAT IF YOU OWED STAFF $20 MILLION IN BACK PAY?

26 July 2016

That is the bill faced by New Zealand Aluminium Smelters, the owners of Tiwai Point aluminium smelter, for years of underpayments, according to this week's NZ Herald. The back pay claim arose out of the employer's practice of paying staff for eight hours' work on lieu days, when in fact they usually worked twelve hour...

Written by: Janine McTainsh

STAY SHARP MID-WINTER EDITION

1 July 2016

Welcome to the mid-winter edition of Stay Sharp - although I'm told it is officially the warmest June in the region on record! Our team have been kept busy these last few months, and with the continued growth of our region we have been adding new team members, ensuring we continue to provide a first...

Written by: Janine McTainsh

DIRECTORS, ARE YOU INDEMNIFIED?

6 April 2016

The risk of legal liability that directors are exposed to is increasing, particularly with the introduction of new or amended legislation, such as the Health and Safety at Work Act 2015. For new and existing directors alike we suggest you: Ensure the company you are a director of has appropriate Directors and Officers Insurance in...

Written by: Janine McTainsh

News & Articles by Janine McTainsh