Sale and Supply of Alcohol Act 2012

Change is coming in a big way for our food, beverage and hospitality clients, courtesy of the Sale and Supply of Alcohol Act 2012.
I'd suggest it is not just of interest for all our clients who operate in these sectors, but it is critical for the entire Queenstown Lakes district that we debate the issues around this and come up with the right answers.

Search That Title

The very first thing a property lawyer should do, every time you are doing anything property-related at all, is "search the title".
What do we mean by "search the title" and why do we do it every time? Surely that one the real estate agent gave you two months ago when you first started looking will do.
By searching the title we mean obtaining a current copy of the certificate of title for the property. And it does need to be current. A lot can happen in two months.
So what are we looking for on the certificate of title?

Don't need a Shareholders' Agreement? Really?

When people form a company, or bring a new shareholder on board, I always advise them to put in place a shareholders agreement. "Do it now while things are good" I say.
Do you know what some people say? "How much will that cost?" Or even worse "We'll be right. We've been friends for years. We trust each other." Nowadays thats when I say "That's your choice, I'll make a note that I've advised you to have one. I'll make a diary note so we can discuss this again in three years when things have turned sour." And I mean it.

Unit Titles - what can the Body Corporate do?

A lot of people in Queenstown and elsewhere live in or own unit title properties. As you will know, the common areas of unit title complexes are owned and managed by the Body Corporate, which represents all owners in the complex.

It is important therefore to understand how the Body Corporate should function as there is often a grey area between what ihe unit owner is responsible for individually, and what the Body Corporate has jurisdiction over.

Here is a recent case in point. It is a High Court decision and it relates to a Queenstown development. 

This particular development suffered from building defects and leaks in the roof. The roof was in fact mainly the private property of the top unit owners, as were the top floor decks. The Body Corporate however sought a court order authorising a scheme to remediate the entire complex and to have the costs paid by all unit owners on the basis that the roof was essential to the overall integrity of the entire complex and it wouldn’t be fair to burden the top floor unit owners with the whole cost.