November 2011 Newsletter
In our November issue
Counterfeit and Illegal Goods – New Powers Granted to the State
The Trade Marks Amendment Act 2011 and the Copyright Amendment Act 2011 were passed on 15 September 2011, bringing changes that give powers to Enforcement Officers, Customs and Police to assist in cracking down on infringements. The changes target illegal and counterfeit goods.
Christchurch Earthquake to Trigger– Changes to Resource Management Act 1991
The Christchurch earthquakes have given cause for the Government to re-examine the requirements of the Resource Management Act 1991 (‘RMA’) with the damage caused to thousands of homes by liquefaction being a significant factor. The purpose of the RMA is to “promote the sustainable management of natural and physical resources”. The catastrophic effects of the earthquakes have highlighted the importance of the RMA as not only protecting the environment from the impact of people and land use, but also to consider the effect on people from nature.
Frustrated Contracts
The common law ‘doctrine of frustration’ allows a contract to be discharged on the occurrence of certain events beyond the control of the parties which would make the performance of the contract impossible. As the doctrine is a departure from the traditional view that contractual promises are absolute, its application in law must satisfy strict legal tests in order to be successful. It requires an event to occur that is firstly unforeseen and one which significantly alters the relationship between the contracting parties.
Child Support Changes
Hon. Peter Dunne, Revenue Minister has advised that legislation is being introduced to Parliament to change the way child support is calculated. The Child Support Scheme (‘the scheme’) in New Zealand was established by the Child Support Act 1991. The purpose of the scheme is to provide a backstop for parents who are unable to reach a private agreement regarding financial contributions and care arrangements for their children. The scheme currently provides financial support to over 210,000 children across the country.
Buying and Selling A Unit Title Property
Unit Title properties are becoming more common in New Zealand and the ownership structures of these properties are becoming increasingly complex. It is therefore more important than ever that buyers understand the rights, obligations and benefits associated with owning a Unit Title property prior to becoming committed as a buyer under an Agreement for Sale and Purchase.
The “Gift of Life”
A total of 11 hearts, nine lungs, 35 livers, three pancreases, and 50 kidneys were included in transplants from deceased people in New Zealand last year. These donations were given by a total of 41 organ donors.
View the full articles here (pdf)
