NET LAWMAN Legal Documents New Zealand

822019 NET LAWMAN Legal Documents New Zealand

httpslidepdfcomreaderfullnet-lawman-legal-documents-new-zealand 124

NET LAWMAN LEGAL DOCUMENTS

httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz

Net lawman Legal documents for New Zealand

Is shareholder agreement beneficial for everyone

In everyday life you have quite often came across the terms like shareholders agreements the term seems very

simple but it has many angles A shareholder agreement is usually defined as an agreement in which the right of

the shareholders against the company is defined and how they will go to operate the company is also narrated

Shareholder agreements are much diversified they even highlight the rights of the shareholder in context of the

other stakeholders like employees vendors government and the other shareholders like them The scenarios

under which the shareholder agreements are made are quite diversified

A Shareholders Agreement Template can be drawn among the new directors of a new company or new directors

of the existing company Shareholder agreements can also be drawn in scenarios when the company is going for

joint venture or the warranties so there can be a lot of scenarios under which the organization will be needingshareholders agreement templates or shareholder forms

There are multiple reasons that why an organization should go for the shareholder agreements but the two most

important ones are to clarify the domain and interests of the major and minor shareholders so in future no

dispute between majority and minority will arise If the agreement is not made the majority shareholders will take

many decisions that are not in interest of minority shareholders

The second important reason for drawing a shareholder agreement is to clarify the process of decision making

Different people with different designations have diversified stake within an organization It is very important that

power in single shareholder should not be vested rather all shareholders should be given some power to deicide

remaining within their domain This will increase the trust of shareholders within the company and it will be a win

win situation for both firm and the shareholders

It is due to power vested by the shareholder agreement in shareholders that they are able to influence the

decisions of directors in case they are running the company operations against their interests and wishes The

main reason that every private firm should enforce the share holder agreement is that it reduces the risk increases

the control and reduces the chances of disputes among the stakeholders Itrsquos about personal satisfaction of all

stake holders rather about business only

It is in best interest of any company that when they start to operate they should immediately draw a shareholder

agreement if due to some reasons they are not able to draw an agreement at the startup time then they should

do it as soon as they can to streamline their operations The templates or the Joint venture agreements can be

purchased over the internet from the law firms operating in your area

Some of the provisions that are included in the shareholder agreement are that how the shareholders are able to

protect their rights if they are not available in the meeting how they are able to shift their rights to other soul if

they are no more interested in being a shareholder and many provisions like that





What is Boat share Agreement

How to buy a boat

Before buying the boat as a sole owner you can consider the option of boat sharing ownership with friends or relatives The

boat share agreement is used to set up the fractional ownership To attain this the prospective sharers could purchase a boat

together or they could buy shares in a boat already owned by one of the sharers It is immense idea to involve more owners tobuy boat rather than buying individually

Use of share ownership

Share ownership gives you the opportunity to buy a large and better boat It allows the flexibility and reduces the cost of boat

maintenance because each owner has to contribute his share in the maintenance of the boat This agreement is suitable for use

where all of the proposed sharers will own a share in the boat

Use of boat

All the sharers must decide that whether they use the boat for commercial purpose of not This agreement does not use to

create any partnership or joint venture

Important provisions

The Yacht Shares Agreement must contain the following important provisions Such as

bull Detail of the owners

bull Use of boat

bull General management and expenses of the Boat

bull Personal possessions

bull Warranties and indemnities

bull Termination and assignment

The law allows the sharing ownership and it is valid Boat share agreement is also called yacht share agreement or Fractional

yacht ownership

Primary evidence

It is necessary the all the owners must use a written agreement to record the details of the ownership The yacht share

agreement must discuss the role and responsibilit ies of each owner precisely Fractional yacht ownership contract also

develops the mutual trust and relationship between the owners Courts always prefer the written agreement because it is

primary evidence

Maintenance of the boat

It order to avoid disputes amongst the owners the agreement must discuss and adopt the formula about the cost of

maintenance Usually disputes arise on the expenses of maintenance and it is also considered main threat to the fractional

ownership So to avoid confusion every owner must know his obligation and responsibilities toward boat maintenance The

fraction agreement provides the opportunity to the owners to by a luxury boat because it increases the money and provides

the flexibility to the sharing of maintenance cost

Dispute resolution

The agreement must incorporate the dispute resolution provision The disputes can be emerged at any stage It is very common

that disputes amongst the sharers usually arise So it is prudent to include the dispute resolution clause It imposes the

obligation on the other owners to use the mediation process for resolving the disputes rather than commencing the litigation





Fair terms

You have a right to led a luxurious life and enjoy a relaxed atmosphere If you want to buy a boat and donrsquot have enough

finance then you can involve other person to buy a boat and such ownership will be called fractional ownership The fair terms

always provide the long term relationship

Net Lawman provides the comprehensive and precise Boat share Agreement Such as

Boat share agreement three or more owners

This agreement covers any situation where three or more people or sets of people share ownership and use of a boat for

leisure The agreement has been drawn to as to regulate occupation where only one owner occupies the boat at one time

However there is nothing to prevent a second owner sharing time with another owner





Business sale agreements for Buying or Selling a Business

What is business sale agreement

Business sale agreements are a very important document because it completes the transaction of sale it must

be made with precaution It is made between the business owner (the seller) and buyer All the liabilities of the sell

pass on to buyer after the completion of the sale It is the duty of the buyer to take all pre cautionary steps before

buying a ongoing business

Terms and conditions

The buyer and seller must negotiate all terms and condition for selling the business It is the duty of the seller to

provide access to the buyer to all relevant business documents Buyer must verify the all documents before

entering into sale agreement

Liabilities of the seller

The liabilities of the seller will move n to the buyer after the purchasing of the business So it i s the obligation of

the buyer to discuss with sell whether the business obligation will pass on to the buyer or not If yes then buyer

can reduce the purchasing amount The agreement must provide such info Because it will minimize the confusion

between the parties it will also determine the nature of l iability of the buyer

Legal status of business

The buyer must also check the legal status of the business whether it is registered or not The buyer must check

the all relevant legal requirement before buying the business The buyer must also confirm that whether the

business property has been mortgaged or not

Tax obligations

The buyer must also ensure that whether the business is paying tax regularly or not This will give the idea to the

buyer whether to buy the business or not This will also help the buyer to know the current legal status of the

business because default in tax crates various legal complications

Status of employees

The buyer must also ensure that whether the employee have been paid regularly or not The seller must discuss

with the buyer about the status of the employee The employment Relations Act 2000 requires that vulnerable

employee (cleaning food catering workers) have entitlement to continue job with new employer and to negotiate

for redundancy payments with new employer if their services are not required

Checking of all relevant record

The seller must also provide the all other relevant information to the buyer for helping to ascertain the legal

identity of the business The sell do not conceal anything which the law require to disclose before buyer The sell

must also provide the any contract details of the business to the buyer





Obligation of the buyer

The buyer must also notify to all relevant authorities as a new owner after the buying of the business The buyer

must transfer the business name after purchasing it The buyer must also transfer the all relevant record to his

name as a new owner The new owner also intimates the all employees about the change of ownership of the

business The new owner also intimate to all other relevant parties about the purchasing of the business The new

owner must observe the all legal requirements for the smooth running of the business When the ownership is

transferred the liabilities of the previous ownerrsquos cases and liabilities of the new owner will be commenced

Net Lawman provides the comprehensive business sale agreements Such as

Agreement for purchase of hot food takeaway assignment of leasehold property website but not e-commerce

This is a comprehensive agreement for the sale and purchase of a business by an individual a company or any

other organization

Note not suitable for sale of shares in a company For a company sale see Net Lawman company section

Internet service provider agreement for PurchaseSale of Business full version

Use this comprehensive agreement to buy an Internet service provider business of any sort with freehold or

leasehold premises in any location Large menu of warranties





Grievance amp disciplinary procedure for an employer and employee

It is the right to the employer to dismiss a worker based on misconduct The employment law does not lay down

the any statutory procedure about dismissal and disciplinary procedure but case law has laid down the certain

rules that procedure must be fair and dismissal must be based on valid reasons It is worthwhile that employment

agreement must be clear and concise and there must no ambiguous provision It is the prerequisite of theemployment law that every employment agreement must tell the employee about the process of disciplinary

procedure and about grounds of misconduct

Employer must follow the following important principles in order to dismiss an employee Such as

Employer must have fair ground for dismissal

Employer must follow a fair procedure

Employer must follow the provisions laid down in employment contract

Employer must provide the amount of notice to an employee where it is required

Employer must follow the procedure laid down in the employment agreement

The procedure

Warning letter

Employer must issue a warning letter to employee whom act is qualified as misconduct which is a subject to

dismissal

Nature of misconduct

Employer must intimate the employee about the nature of the problem before commencement of the disciplinary

action

Right to have a representative

Employer must tell the employee that he has been right to have a representative along with him to attend the

disciplinary proceedings

Opportunity to respond

Employer must provide a reasonable opportunity to an employee to respond to the allegations which are leveled

against him before taking any disciplinary action against the employee

Investigation into the allegations

The employer must investigate the allegations comprehensively and without considering the irrelevant issues

Opportunity to improve





The employer may provide an opportunity to an employee for improvement of his conduct if the nature of

allegation is not so serious

Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him

Employee on Trial period

It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a

trial period

Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot

challenge the unjustified dismissal

Uniformity of the rules

The employer must follow and observe the standard disciplinary rules and there must no discrimination based on

sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere

within the organization





Why employment policies are important for an employer and employee

From 1 July 2011 every employee must have a written employment agreement under the Employment Relations

Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement

Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization

It is the right of the each employer to introduce and set up the different types of policies for their employee But it

is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted

down in employment agreement because employment agreement only provides the info about the mandatory

provisions such as leaves nature of job termination notice payment etc

Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all

aspects Employment policy must be communicated to each employee

Employer can change the employment policy at any time but it is also mandatory to communicate the employee

about the nature of changes

I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees

must understand what is being expected from them and what they get in return

Employment policy must be in written form Every business has different demands and scopes and therefore it is

necessary that each employer must establish polices in accordance with nature of their business

Employment policy must be same for all employees and it never creates any discrimination on the basis of race

sex religion Employment policy can be included in employee handbook or it can be written in a separate

document

Employment policy must be practical and reasonable so that employee understands what the policy is going to

achieve

Employment policy also often called the workplace policy and it define the purposes and goals of the organization

A well drafted and comprehensive employment policy

Never violate the statutory rights of the employee

Ensures that organization is being working in businesslike manner

Supplies the framework for business planning

Explain functions and responsibilities

Guarantees the uniformity and consistency in decision making

It is necessary that employment policy must be implanted throughout the organization The breach of the any

provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy





It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee

must tell the employee about the any change in employment policy so that employees understand what are the

employer new directions It is beneficial for the employer to arrange a training session so that employee may

completely understand the purposes s and demands of the policies

An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily

understandable

Net Lawman provides the following types of employment policies Such as

Data security policy

Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection

policy and spell out to staff how you and they will use all data

Company car policy

A model company cars policy for any sized business and educates staff in best practice

Computer use email Internet and communications policy

A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business

Protects your data your reputation and your business and sets out a model policy for any size of business

Equal opportunities and non harassment policy

Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled

out Helps protect you from tribunal claims arising from discrimination and sexual harassment

Drugs and alcohol misuse policy

Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting

as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business





Personal Guarantee Form for New Zealand

Tool to recover money

A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding

obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the

two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation

Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor

Minimizes the fraud

So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee

Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual

obligations You must set down precisely in the contract what you want the guarantor to guarantee

Written form

The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the

eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in

written form

Causes of personal guarantee

Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director

of the company provides the personal guarantee to repay the loan if the company fails to do so

Guarantor liability

The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer

all or any of its rights and obligations without first obtaining the prior written consent of the creditor

Understanding of the contract

The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once

the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay

the loan

Assurance to the lender

Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety

of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the

lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender

about the debtor

Difference between guarantee and indemnity

There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there

are two parties involved in indemnity such as indemnifier and indemnity holder

Indemnity is a contract by one party to keep the other harmless against a loss

Legal duties

Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane

Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement

Indemnity can be oral and there is no need to be in written form





Discharge of the duties

Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations

Net Lawman provides the comprehensive Guarantee of contract debt Such as

Guarantee of contract debt

This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier

of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a

personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the

original contract remains unchanged making this a neat solution to adding a guarantor





Personal Loan Agreements suitable for individuals and businesses

What is a loan agreement

Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The

document that records the details of the loan is called loan agreement The parties to the loan

agreement are called lender and borrower A loan agreement must be in written form in order to

enforce its terms Usually the loan agreement is mad between

Individuals

Corporations

Individuals and corporations

Personal loan agreement

Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates

the personal loan It is the legal obligation of the lender to furnish the relevant information to the

borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan

agreement is also known as Consumer Credit Contract

Secured and unsecured loan

A loan agreement can be secured or unsecured The line of distinction between secured and unsecured

loan is that a secured loan agreement requires the collateral but unsecured loan contact does not

involve the collateral Unsecured loan is always based on high interest rate

Provisions of the loan agreement

A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the

lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan

agreement must be precise in all aspects The loan agreement must contain the following important

terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate

Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It

is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating

the daily interest rate of the daily unpaid balance





Repayment Plan

All the fees and charges must be disclosed to the borrower before entering into the contract and these

must be reasonable A loan contract must provide the term of the loan Usually the four methods are

used for repayment of the loan Such as

fixed period

lump sum

interest only

Interest and principal

The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if

it is allowed by the agreement

Cancellation rights

Under the Act the debtor has a right to cancel the contract within three days after the disclosure has

been made

Fair and reasonable terms

It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must

contain the fair terms and it does not create any burdensome It is the criminal offence to breach any

provision of the Act The difference between loan agreement and promissory note is that the loan

agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is

a type of negotiable instrument simply a promise to pay an amount at a specific date

Legal consequences

It is advisable that borrower must read and understand the provisions of the loan agreement Once the

loan agreement is signed it becomes the legal agreement

Net Lawman Provides following types of Personal Loan Agreements Such as

Loan agreement unsecured

Standard loan agreement suitable for individuals and businesses Note the loan is not secured

therefore this agreement might be better suited to a borrower

Loan agreement secured by guarantor

Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -

can be modified to suit your unique circumstances or used as-is





Why do I need a Statutory Declaration Template

What is statutory declaration

The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover

the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact

which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and

acknowledges the statement as true

Validity

A statutory declaration is a declaration made before an authorized person declaring the truth of the statements

contents The declaration is similar to oaths but it is not sworn

A statutory declaration is a legal written statement about the validity of the facts The declaration supports the

facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory

declaration is used to find out the truth The statement provided in the declaration by the declaring is considered

as true

Who may administer the declaration


contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized

person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have

authority to administer the declaration Such as

bull a person enrolled as a barrister and solicitor of the High Court or

bull a Justice of the Peace or

bull a notary public or

bull the Registrar or a Deputy Registrar of the Supreme Court or

bull the Registrar or a Deputy Registrar of the Court of Appeal or

bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or

bull a member of Parliament

The law requires that declaration must be in prescribed form The declaration must be signed by the person who

has taken the declaration

Relevant provision

Section 8 and 9 of the Act deals with requirement f the statutory declaration

Unlawful declaration

Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no

authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to

fulfill the legal requirements Any person may make the declaration by using the prescribed form

Duty of the declarant

The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a

wrong then declaring will be prosecuted under the law It is an offence to provide the false statement





Minimize false statement

The declaration is very important document in the eye of law The law requires the statutory declarations to

minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because

the declaring verifies that everything stated in the application is true

Net Lawman provides the following statutory declaration

Statutory declaration

Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth

Suitable for anyone throughout New Zealand





What is a statutory Demand forms

Section 289 notice

Statutory demand is also known as section 289 notice Statutory demand is regulated by the

Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289

notice is served where the company is a debtor A statutory demand is a demand by a creditor

in respect of a debt owing by a company

Pre requisites

A statutory demand is a demand by a creditor in respect of a debt owing by a company A

demand must

be in respect of a debt that is due and is not less than the prescribed amount and

be in writing and

be served on the company and

require the company to pay the debt etc or

Otherwise compound with the creditor or give a charge over its property to secure payment of

the debt to the reasonable satisfaction of the creditor within 15 working days of the date of

service or such longer period as the court may order

Procedure

The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen

days after the service of notice then you can apply to High Court for the winding up of the

company If the company fails to defend the case in the court then the court will appoint a

liquidator Liquidator will take the control of the company and will satisfy the creditors

Generally company pays the owed amount within fifteen days after the service of the notice

The company has a right to challenge the notice within ten days to the curt after the service of

the notice

Setting aside of stat demand form

The court may on the application of the company set aside the demand letter The application

must be





made within 10 working days of the date of service of the demand and

Served on the creditor within 10 working days of the date of service of the demand

No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance

with the statutory demand

The court may grant an application to set aside a demand letter if it is satisfied that

there is a substantial dispute whether or not the debt is owing or is due or

the company appears to have a counterclaim set-off or cross-demand and the amount

specified in the demand less the amount of the counterclaim set-off or cross-demand is less

than the prescribed amount or

The demand ought to be set aside on other grounds

A demand must not be set aside by reason only of a defect or irregularity unless the court

considers that substantial injustice would be caused if it were not set aside

Net Lawman provides the up to date statutory demand form

Statutory demand forms and notes service on a company or LLP

Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money





How to Write a Warning Letter to Employee

First Warning

The employer must issue the warning letter before taking any serious action Warning letter is

necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer

must deal it reasonably If the employee does not breach the major rule the employer must

provide a chance to an employee by issuing a warning letter

Importance of strict actions

No doubt to maintain the discipline within the organization is a high and important task

Employer may impose major penalties to ensure the smooth running of the affairs of the

company The employment Relations Act imposes the obligation on employer to adopt just and

a fair disciplinary procedure

Essentials of warning

The warning letter must be in written form It must contain the following important provisions

Such as

Nature of wrong committed by employee

Future obligations of the employee

Reference of any previous warning letter

Time limit for improvement of the performance

Poor performance

The employer can issue the letter based on the poor performance of the employee Employer

must provide a reasonable time to an employee to promote his performance The letter must

state that if the employee does not meet the requirement s of the job then the employer has a

right to dismiss the employee

Final Warning

If the employee does not make an improvement after the issuance of the letter then employee

must arrange a meeting with an employee to tell him the things are not in his favor Therefore

he must reconsider his performance and conduct The employer must write the word final in

the letter After issuance of the final letter an employer has a right to dismiss the employee





Dismissal

Employer must consider all alternative roles before terminating the employee Employer has a

right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning

Redundancy and notice

Employer must provide the notice to the employer that his job is about to an end on the

following grounds

No work

Position is no longer required

Sale and transfer of business

Restructuring

Limitation

Employer cannot make you redundant in the following situations Such as

Your performance

Age

There is no compulsory Age unless it is mentioned in employment agreement

Right of appeal

Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can

get the advice from the

a community law centre

Citizens Advice Bureau

the Department of Labor

the union that covers your area of work

The Employment Court will look at each case individually including whether

The redundancy is for genuine commercial reasons

The provisions of the relevant employment agreements have been observed

The employer has acted reasonably and fairly in the way the redundancy was carried out





Right of compensation

An employer has an obligation to pay redundancy compensation where the relevant

employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation

Net Lawman provides the comprehensive Redundancy Letter

Redundancy confirmation letter to employee

Letter to an employee confirming their redundancy Provisions to add you own relevant and

unique reasons with notes and guidance on how to do this so that you comply with relevant

legislation





Is confidential agreement useful for your business

What is confidential agreement

Any type of information that relates with business affairs have a value and worthy Confidential

information mostly relates with trade secrets business plans and new products Confidential

agreement is also known as no disclosure agreement A confidentiality agreement is the first step that

the parties should initiate before entering into such kind of serious and privileged discussion The

confidential agreement must be signed by the both parties

Necessity of confidential agreement

In the absence of any written agreement the disclosing party will be left with nothing to prove and

prevent the misuse of information that it shared with the other party Such an agreement is also a

simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that

the confidential information which is being disclosed or mutually shared by the parties is protected from

any misuse To ensure the safety of the confidential information and the sensitive information of the

Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality

agreements The importance of this agreement really tested when the things do not go as per the plan

and deal goes to sour

Description of confidential information

It is necessary for the recipient to know what extent information is considered as confidential So the

discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information

Strict liability

The confidential agreement put strict liabilities and obligations on the recipient of the confidential

information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept

secret Information e may be of personal commercial non-commercial or sensitive nature including

trade secrets The success of the plan business depends upon confidential information Confidential

agreement cast a heavy burden on the recipient to keep the information as confidential The

confidential agreement is a legal agreement and the recipient of the confidential information can not

disclose such information under any circumstances

Information already in public domain

Information already in public domain or is common knowledge shall not qualify as confidential

information It is not a defence if the information becomes common knowledge because of the

disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a

question of fact and degree whether the information is in the public domain There is doubt over





whether knowledge by a limited section of the public is enough and it is a question of fact and degree in

every case

Breach of the agreement

The confidential agreement imposes the legal obligation on the recipient not to disclose the information

without getting the prior permission of the discloser The discloser can sue the recipient if the recipient

breaches the terms of the confidential agreement The court can impose the penalty on the recipient for

the breach of any term of the agreement

Benefits of confidential agreement

The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the

legal obligation on the recipient not to open the confidential information without prior obtaining the

permission of discloser Confidential agreement bounds the recipient to keep the information secret and

not misuse it

Net Lawman provides the following Confidentiality Agreement NZ Such as

Confidentiality agreement | Non Disclosure Agreement (NDA)

This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to

explore the possibilities for a deal before signing an agreement that covers the terms This

confidentiality agreement is a good way of protecting your secrets from being used by the other side if

the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the

appointment of an agent or distributor demonstration of a plans ideas or a prototype

Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)

This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a

mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure

of the same information This confidentiality agreement is a good way of protecting your secrets from

being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract

manufacture business acquisition joint product development

Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)

This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find

out sensitive information in the course of providing the goods or services Learning the information may

be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities

to maintain client confidentiality










appointment of an agent or distributor demonstration of plans ideas or a prototype

Is prenuptial agreement useful for couples

Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the

Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to

contract out Property (Relationships) Act 1976

The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes

1 the family home

2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)

3 any property acquired when contemplating the relationship

4 debts

5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship

7 gifts or inheritances which the owning partner allows to become mixed with other relationship property

8 property owned jointly or in equal shares by the spouses or partners

9 generally property acquired by either spouse or partner during the relationship

10 property such as salary or wages which comes in during the relationship

11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and

intended for the common use or benefit of both spouses or partners

12 property which both spouses or partners agree is relationship property

13 Increases in the value of relationship property income from it or the proceeds from sale of it

A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between

spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be

divided if they should divorce or have their civil partnership dissolved

The law provides the two options to the couples

1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup

agreement) or

2 By following the Act (property relationship act 1976)

The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the

Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and

ownership of the property if the marriage breaks down The law requires that if the parties have entered into

agreement before the marriage then the all assets will be distributed in accordance with the provisions of the

agreement The law will only interfere if a serious injustice has been committed with one party




Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage

can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will

be distributed on the equal basis

Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal

disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property

that arises when the relationship ends

The main requirements for the validity of the pre nup agreement are that

1 Each party to the agreement must have independent legal advice before signing the agreement

2 The signature of each party to the agreement must be witnessed by a lawyer

The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a

serious injustice with one party It is mandatory that both couples must read and understand the effect of each

provision of the agreement Once the agreement is signed it becomes legally binding

Net Lawman Provides the following Marriage Documents

The agreement to contract out Property (Relationships) Act 1976

Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act

1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes 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

Live together agreement

Suitable for any relationship where the people live together married or not married Includes references where

you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and

electrical items





What is Boat share Agreement

How to buy a boat

Before buying the boat as a sole owner you can consider the option of boat sharing ownership with friends or relatives The

boat share agreement is used to set up the fractional ownership To attain this the prospective sharers could purchase a boat

together or they could buy shares in a boat already owned by one of the sharers It is immense idea to involve more owners tobuy boat rather than buying individually

Use of share ownership

Share ownership gives you the opportunity to buy a large and better boat It allows the flexibility and reduces the cost of boat

maintenance because each owner has to contribute his share in the maintenance of the boat This agreement is suitable for use

where all of the proposed sharers will own a share in the boat

Use of boat

All the sharers must decide that whether they use the boat for commercial purpose of not This agreement does not use to

create any partnership or joint venture

Important provisions

The Yacht Shares Agreement must contain the following important provisions Such as

bull Detail of the owners

bull Use of boat

bull General management and expenses of the Boat

bull Personal possessions

bull Warranties and indemnities

bull Termination and assignment

The law allows the sharing ownership and it is valid Boat share agreement is also called yacht share agreement or Fractional

yacht ownership

Primary evidence

It is necessary the all the owners must use a written agreement to record the details of the ownership The yacht share

agreement must discuss the role and responsibilit ies of each owner precisely Fractional yacht ownership contract also

develops the mutual trust and relationship between the owners Courts always prefer the written agreement because it is

primary evidence

Maintenance of the boat

It order to avoid disputes amongst the owners the agreement must discuss and adopt the formula about the cost of

maintenance Usually disputes arise on the expenses of maintenance and it is also considered main threat to the fractional

ownership So to avoid confusion every owner must know his obligation and responsibilities toward boat maintenance The

fraction agreement provides the opportunity to the owners to by a luxury boat because it increases the money and provides

the flexibility to the sharing of maintenance cost

Dispute resolution

The agreement must incorporate the dispute resolution provision The disputes can be emerged at any stage It is very common

that disputes amongst the sharers usually arise So it is prudent to include the dispute resolution clause It imposes the

obligation on the other owners to use the mediation process for resolving the disputes rather than commencing the litigation





Fair terms
































Tax obligations




Status of employees























other organization





















The procedure

Warning letter


dismissal



action



















trial period





























document


achieve



















understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items





Fair terms
































Tax obligations




Status of employees























other organization





















The procedure

Warning letter


dismissal



action



















trial period





























document


achieve



















understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items
























Tax obligations




Status of employees























other organization





















The procedure

Warning letter


dismissal



action



















trial period





























document


achieve



















understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items















other organization





















The procedure

Warning letter


dismissal



action



















trial period





























document


achieve



















understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items

















The procedure

Warning letter


dismissal



action



















trial period





























document


achieve



















understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items










trial period





























document


achieve



















understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items























document


achieve



















understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items










understandable





Company car policy





















Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items











Minimizes the fraud




Written form



written form




Guarantor liability






the loan





about the debtor





Legal duties


























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items























Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items











Individuals

Corporations















terms Such as

Date of agreement

Advance amount

Amount of loan

interest rate

repayment plan

Interest rate








Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items





Repayment Plan




fixed period

lump sum

interest only




Cancellation rights


been made







Legal consequences




















Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items











Validity






as true















Relevant provision


























Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items


















Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items






Section 289 notice





Pre requisites


demand must


be in writing and






Procedure







the notice



must be

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items

























First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items






First Warning












Such as





Poor performance





Final Warning









Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items





Dismissal





following grounds

No work



Restructuring

Limitation


Your performance

Age


Right of appeal






















legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items












legislation
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items
























Strict liability


















every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items






every case










not misuse it


































1 the family home



4 debts















agreement) or































electrical items












1 the family home



4 debts















agreement) or































electrical items

























electrical items