A legal settlement between the Earthquake Commission and a group of Canterbury homeowners over the standard of quake repairs, is being described as a milestone for house owners throughout the country. The Reserve Bank has left the cost of borrowing unchanged at a record low 2-point-25 percent, athough it is signalling further cuts remain on the cards.
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.
A review of the week's news including... A tsunami warning after a severe 7.1 earthquake north of East Cape, Havelock North's residents finally get the chance to grill their local leaders, the Environment Minister says people who insist that every lake and river should be safe to swim in are being unrealistic, Kim Dotcom wins his bid to live stream his High Court appeal against his extradition, New Zealanders who've been living in Australia for up to ten years say they're reaching breaking point, legal action over faulty steel mesh triggers doubts about some house insurance, a prominent Maori leader is found guilty of defrauding his fellow trustees in the Wellington Tenths Trust, a South Canterbury farming official says stealing 500 cows is like stealing the Crown jewels - complicated but not impossible, Auckland mayoral candidate Vic Crone pledges to bring forward the cross-harbour tunnel project by a decade or more after saying she'd make no commitments on it, while another candidate, Phil Goff wants to introduce a living wage for all council staff, the transgender community wants the waiting times for sex change operations cut, a sit down chat with Olympic pole vaulting bronze medalist Eliza McCartney and the real story behind the 2nd Bledisloe Cup test in Wellington from a former Wallaby.
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.