It’s that time of the year again, carols, Christmas shopping, annual staff parties, parades and backyard barbeques. For many of us, Christmas traditions are passed down through our families, and some of the fare found on our festive tables may … Continue reading →
The end of year is upon us again, and Underground Overground Archaeology is closing the boxes on our finds for the year. The year we finished up our Christmas party with a scavenger hunt around the central city using cryptic … Continue reading →
Ang Jury of Womens' Refuge talks about the announced changes to family violence law and if the government's got it right. Labour's Andrew Little "rejected" yesterday's One News Colmar Brunton Poll so the party released its own results today. Bruce Springsteen has announced dates for a New Zealand tour including a concert in Christchurch for the anniversary of the February 2011 earthquake. Your feedback about the long hours hospital doctors work.
The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.
There has not been substantial research conducted in the area of fraud and natural disasters. Therefore, this study sought to examine the perceptions of Canterbury residents toward the recovery process following the September 2010 and February 2011 earthquakes and whether residents felt as though contractor fraud occurs in Canterbury. A questionnaire was developed to gauge information about Canterbury residents’ self-reports involving the earthquakes, specific contractors involved, parties involved with the recovery process in general, and demographic information. Participants included a total of 213 residents from the Canterbury region who had been involved with contractors and/or insurance companies due to the recovery process. Results indicated that a high percentage of the participants were not satisfied with the recovery process and that almost half of the participants reported feeling scammed by contractors in Canterbury after the 2010 and 2011 earthquakes. Moreover, the results indicate that participants neither agreed with the assessments made about their property losses nor the plans made to recover their properties. In many cases, participants felt pressured and even reluctant to accept these assessments and/or plans. The present study does not seek to explain why contractor fraud exists or what motivates scammers. Conversely, it attempts to demonstrate the perceptions of contractor fraud and satisfaction that have taken place in the aftermath of the Canterbury earthquakes.
A review of the week's news including... An immigration lawyer says 'paying for jobs' is so rampant in New Zealand there needs to be a fresh look at powers available to officials, criminals are using sex to blackmail Indian male students, Auckland lays out its plan to spend 83 billion dollars on transport, the electrified section of the main trunk line between Auckland and Wellington could be mothballed, frustrated advocates are calling for better reporting of suicides committed by current and former members of the military, doctors say making voluntary euthanasia legal would involve many complex and difficult decisions and New Zealand should avoid it, the Morning Report Wellington mayoral candidates debate, a Maori fisheries body wants the Maori Party to abandon its support for the Government if plans for a Kermadec ocean sanctuary go ahead unchanged, Maori representation becomes a virtual no-go area for those vying for public office in New Plymouth, Colin Craig denies ever sending his former press secretary explicit text messages, the United Nations Committee on the Rights of the Child raises concerns about the naming of the new children's ministry, MPs hear emotional pleas from the family of soldiers killed in action and buried in Malaysia for the government to bring their remains home, Bruce Springsteen and the E Street Band will perform in Christchurch on the eve of the sixth anniversary of the Canterbury earthquakes this summer and Prince Charles praises New Zealand soldiers who fought at the Somme at a centennary ceremony in Northern France.