Tag Archive for: property

Parry Field Lawyers has expanded its offering to clients with the opening of a fourth office and a return to the Christchurch CBD, for the first time since the 2011 February earthquake.

It’s nearly 12 years to the day since our team, along with others, were trapped on the upper floors of the 17-storey Forsyth Barr building in Colombo Street and had to be rescued by crane.

The new offices on the first level of the PWC Tower in Cashel Street have been officially opened by Christchurch Mayor Phil Mauger, who thanked the firm for its ongoing commitment to Christchurch and in particular for the decision to return to the heart of the city.

“It’s investment by businesses like yours that help drive our economy and support the community,” he said. “Thanks for all the work you do as a legal team to remove barriers and find solutions for your clients.”

The Mayor also congratulated Parry Field on the choice of location by the Bridge of Remembrance. The building at 60 Cashel Street was one of the first significant rebuilds after the earthquake and was designed to 130% of the Building Code.

“It’s a great example of the determination to build better – to create work environments that are safer, stronger, and smarter.”

Parry Field’s Chair, Kris Morrison, formally welcomed the Mayor and guests to the opening, saying the partners are very thankful to all those who have been clients, advisors, friends and supporters of the business over many years.

“It’s a significant moment for us to re-opening city offices.  Up until 22 February in 2011 Parry Field had had offices in the Christchurch CBD continuously from or very close after its original founding in 1948.”

He recalled the moment the earthquake struck; looking from the 15th floor at the huge cloud of dust coming over the city and the wait, eventually being rescued by crane.

“Looking over the edge of the balcony, we had some trepidation about climbing over and into the crane basket, but when it arrived, we climbed in. The trip to the ground was surprisingly quick and smooth. It felt as comfortable as an ordinary lift ride.”

Thinking back to that day and the loss and damage in the earthquakes, he said it is encouraging to see what progress there has been. “It has been exciting to see the return of business and life to the central city over the last few years in particular, and it is exciting to be joining that return ourselves.”

Opening a fourth office is also a reflection of the growth the firm has experienced – from a team of 25 staff a decade ago, to more than 80 now, including an office in Riccarton, and regional offices in the Selwyn district and on the West Coast in Hokitika.

“One key principle for us as a law firm is that we always want to be and feel accessible to our clients. We want them to feel that they can call on us at any time.  For many of our clients our Riccarton offices are convenient, but a significant number of our clients and the other professionals that we work with, are now based in the CBD, so we trust that it will be helpful for them that we are once again back in the heart of the city.”

He thanked those involved in fitting out the premises including architect Malcolm Orr and Project Manager, Russell Hatcher. “We love the way the offices have come together.”

Further information: Lawyers rescued from earthquake-damaged tower’s top floor move back to town | Stuff.co.nz

If you are married, or in a civil union or de facto relationship, New Zealand’s Property (Relationships) Act 1976 will have an impact on what happens to your property in the event of separation or death.

The Act makes provision, however, for you and your spouse to specifically agree on what is to happen to your property by entering into a contracting out agreement.

Who can enter into an agreement?

Section 21 of the Property (Relationships) Act 1976 provides that a husband and wife, civil union partners, de facto partners, or two persons in contemplation of entering into a marriage, civil union or de facto relationship may contract out of the provisions of the Act.

Why enter into an agreement?

There are numerous reasons for electing to contract out of the Act. Usually, it is to avoid the presumption of equal sharing of property that arises when the relationship ends.  However, an agreement may also assist with asset, estate or tax planning.  It may be a desire by one or both parties to preserve all of the property owned or acquired by them prior to the commencement of the relationship as his or her own separate property. Where one partner has children from a previous relationship, there may be a dersire to ensure that those children are adequately provided for from their property. Alternatively, the parties may simply wish to record their decision to treat certain property differently.

What can be included in the agreement?

Section 21D of the Act sets out what can be included in an agreement. An agreement can:

  • declare property to be separate or relationship property;
  • define the share each party to the agreement has in any part or all of the relationship property;
  • define shares on death;
  • provide for the calculation of the shares; and
  • prescribe the method by which the relationship property is to be divided.

Section 21 of the Act permits parties to an agreement to make any arrangements they think fit with respect to their property, including property acquired in the future by one or both parties.

“Property” is specifically defined in section 2 of the Act and includes the following:

  • real property (i.e. land);
  • personal property;
  • any estate or interest in any real property or personal property;
  • a debt; and
  • any other right or interest.

How is the agreement made valid?

Section 21F of the Act records an agreement will be void unless it complies with certain requirements. Those include the following:

  • The agreement must be in writing and signed by both parties.
  • Each party to the agreement must have independent legal advice before signing the agreement.
  • The signature of each party to the agreement must be witnessed by a lawyer.
  • The lawyer who witnesses the signature of a party must certify that, before that party signed the agreement, the lawyer explained to that party the effect and implications of the agreement.

Future Considerations

It is important to recognise that an agreement contracting out of the provisions of the Act needs to be revisited on a regular basis. It is impossible when drafting an agreement to anticipate every eventuality just as it is impossible to foresee, at the outset, the longevity of a relationship.

The information contained in this outline is of a general nature, should only be used as a guide and does not amount to legal advice. It should not be used or relied upon as a substitute for detailed advice or as a basis for formulating decisions. Special considerations apply to individual fact situations. Before acting, clients should consult their Parry Field Lawyer.

Shading from trees can be a common source of tension between neighbours.  Have you ever purchased a property and later discovered that your neighbour’s trees will eventually block your view or prevent your property from having the benefit of sunlight? Parry Field Lawyers provide legal advice on a range of property matters including disputes with neighbours.

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Christchurch CBD

PHONE: +64 3 348 8480

PHYSICAL ADDRESS:
Level 1, 60 Cashel Street
Christchurch 8013, New Zealand

POSTAL ADDRESS:
PO Box 744
Christchurch, 8140, New Zealand

Christchurch – Riccarton

PHONE: +64 3 348 8480

PHYSICAL ADDRESS:
1 Rimu Street, Riccarton,
Christchurch 8041, New Zealand

POSTAL ADDRESS:
PO Box 8020, Riccarton,
Christchurch, 8440, New Zealand

Rolleston

PHONE: +64 3 348 8480

PHYSICAL ADDRESS:
Level 1, 80 Rolleston Drive,
Rolleston, 7614, New Zealand

POSTAL ADDRESS:
PO Box 8020, Riccarton,
Christchurch, 8440, New Zealand

Hokitika

PHONE: +64 3 755 8673

PHYSICAL ADDRESS:
127 – 137 Revell Street,
Hokitika 7810, New Zealand

POSTAL ADDRESS:
PO Box 44,
Hokitika 7842, New Zealand

Auckland

PHONE: +64 9 930 4340

PHYSICAL ADDRESS:
Level 7, 50 Albert Street
Auckland, 1010

POSTAL ADDRESS:
PO Box 8020, Riccarton,
Christchurch, 8440, New Zealand

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