Monthly Archives: December 2021

Problem Neighbours – What To Do?

Problems with neighbouring 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? Obstructing trees can be a major cause of property disputes between neighbours. It is

By |2022-03-17T17:03:57+13:00December 21st, 2021|

Access onto Private Property

Your Rights and Obligations The new Government has indicated it may not proceed with a proposal to provide public access over farms and instead may look at alternatives including negotiation with land owners to improve access. The news has been welcomed by Federated Farmers who say they will be taking a keen interest in the

By |2022-03-17T17:03:57+13:00December 21st, 2021|

Climate Control and the Kyoto Protocol

Climate change is a normal global process that occurs naturally, for example, when sea level and air temperature vary. This otherwise normal process is gradually being affected by the increase in greenhouse gases ch(“GHG”) being stored and released into the earth's atmosphere as a result of human activity. Within New Zealand (“NZ”) and internationally, climate

By |2022-03-17T17:03:57+13:00December 21st, 2021|

Caring for Animals

Are you too busy caring for your children to properly care for your animals? Too busy making arrangements shifting house to make arrangements for the cat? Are you unsure what to do about neighbours who go away on holiday leaving their animal tied up without water or food? Being unaware of your obligations as an

By |2022-03-17T17:03:58+13:00December 21st, 2021|

Leaky Homes Background

There has been considerable publicity over recent times about the problem of houses which are not watertight – commonly known as "leaky building syndrome". There can be a number of causes for this, including: • Incorrect installation of monolithic cladding systems • Inadequate construction of design features which do not allow for proper deflection or

By |2022-03-17T17:03:58+13:00December 21st, 2021|

Mining The Coastal Marine Area Proposals To Mine

The Issues Proposals and applications by parties for permits to explore or prospect for iron ore off the West Coast of the North Island raised concerns for communities located in the area. 'Kiwis Against Sand Mining' ("KASM") was formed in 2005 to provide a vehicle for addressing these concerns including that successful applications could eventually

By |2022-03-17T17:03:58+13:00December 21st, 2021|

International Relocation of Children: When Disputes Arise

How The Problem Arises Relocation disputes arise when the guardian who has day to day care of a child wishes to change his/her place of residence, along with that of the child, and the other guardian opposes the relocation. The proposed relocation may be to another country or to another city within New Zealand. Example

By |2021-12-21T10:14:41+13:00December 21st, 2021|

Keeping You Informed Changes

You might have noticed that we have dropped off the “& Co” from the firm’s name. For some time we have been known in the community simply as “Swayne McDonald” so after 25 years of being “Swayne McDonald & Co, Barristers & Solicitors”, we have applied the “KISS” principal and are henceforth formally “Swayne McDonald,

By |2021-12-21T10:13:42+13:00December 21st, 2021|

The “Anti-Smacking” Bill

The current position Section 59 of the Crimes Act 1961 (“Section 59”) allows parents and any person in place of a parent justification to use reasonable force against a child for correctional purposes. The proposed changes In June 2005, the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Members Bill (“the Bill”)

By |2021-12-16T14:32:20+13:00December 16th, 2021|

Economic Disparity

Claims The amended relationship property legislation introduced in 2002 signalled a shift in the way the law viewed relationships, by recognising that the contributions made by parties in a relationship are equal, particularly in the area of earning capacity. Where a relationship ends and one spouse earns considerably more than the other, section 15 of

By |2021-12-16T14:27:04+13:00December 16th, 2021|
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