“A Lifetime of Support”
Linwood Law began life as the branch of a large Christchurch firm more than 20 years ago. It then evolved to become its own separate firm. Now owned by Linwood Law Limited, the company is continuing the Linwood Law tradition of providing quality service in a friendly and professional manner with a commitment to the community.
Linwood Law offers a skilled yet cost-effective service for clients who are buying, selling or refinancing properties.
We also have considerable experience in subdivisions and larger, more complicated developments.
We can also advise on buying and selling in a retirement village, easements, build contracts, finance documents, property sharing agreements and residential tenancies.
On 30 April 2020, the Reserve Bank of New Zealand removed loan-to-value ratio (LVR) restrictions for 12 months. Before the change, the following limits applied:
As a result of the changes, banks are no longer legally obliged to apply these limits to their lending.
In their own words, the Reserve Bank’s rationale for removing the LVR restrictions was to “ensure [they] didn’t have an undue impact on borrowers or lenders as part of the mortgage deferral scheme implemented in response to the COVID-19 pandemic.”
The removal of the LVR restrictions are, generally speaking, good news for those with a mortgage and those who are looking at buying a first home. However, we believe it is important to take your time before making any firm decisions regarding borrowing or investment. The ramifications of the COVID-19 pandemic are still uncertain, and the Reserve Bank may choose to modify or reapply the LVR restrictions in 12 months’ time.
If you have any questions about the effect of the Reserve Bank’s decision on your mortgage, or are interested in purchasing / selling residential property, feel free to call us on 03 3892121 or contact one of our Property team below.
Recently, the Government has introduced some changes regarding commercial leases. Though these interventions are less drastic than many were expecting, they will still have a significant impact on many businesses.
The crucial changes are summarised below:
Previously, landlords could cancel leases after these conditions had been satisfied:
Apart from the altered deadlines, then, the conditions for the cancellation of leases remain the same.
It is important to note that landlords are permitted by law to serve a tenant a default notice before the tenant has been in default for 30 working days. As a result, it is possible for the default and notice periods to be concurrent rather than consecutive.
These changes apply retrospectively to all lease cancellation notices served on or after 8 April 2020.
It is the New Zealand Government’s intentions that these extensions will enable productive negotiation between landlords and tenants with respect to any difficulties that arise, or have arisen, as a result of COVID-19. However, we understand that uncertainties remain for many commercial landlords and tenants
If you have any questions about how these changes might affect you and want legal advice from one of our team, feel free to call us on 03 3892121 or contact a member of our Property team below.
NB: Please note that the above is a general overview of the topic and is not advice. Every situation is different and would require advice tailored to the individual.
Linwood Law has merged with The Immigration Law Firm.
The Immigration Law Firm, a branch of Linwood Law is based in Riccarton and consists of a New
Zealand immigration lawyer and a team of Immigration Law Advocates specialising solely in New
Zealand immigration and citizenship law.
Paulo Kündig has specialised exclusively in New Zealand immigration law and policy since 1986. He
has acquired since 1986 a vast amount of experience in handling all types of immigration
applications, under all categories, as well as in dealing with a huge variety of different immigration
problems, situations, and issues for clients who are already in New Zealand and for clients who start
the process while they are still overseas.
His team of Law Advocates has a wide variety of experience in all types of immigration applications
under all work visa categories including Skilled Migrant Category applications, appeals to the
Immigration and Protection Tribunal, Long Term Business Visa and Entrepreneur and Investor
categories, Ministerial appeals, and applications for character waivers.
As well as being a Notary Public since 1998, Paulo is a fluent speaker of the Portuguese language and
is able to do consultations and assessments for Portuguese-speaking clients in Portuguese, he also
has a working knowledge of Spanish and Italian. We also have team members that can help
Mandarin, Cantonese, Russian, and Korean speaking clients with translating and receiving
communication as they have team members that are fluent speakers of those languages.
View information on the services provided by The Immigration Law Firm branch of Linwood Law.
Linwood Law advise a number of small and large businesses on commercial issues, including the structuring of a business, the buying and selling of businesses and commercial property.
Our services also include leasing, franchising, terms of trade and supply and finance including lending and security documentation.
Recently, the Government has introduced some changes regarding commercial leases. Though these interventions are less drastic than many were expecting, they will still have a significant impact on many businesses.
The crucial changes are summarised below:
Previously, landlords could cancel leases after these conditions had been satisfied:
Apart from the altered deadlines, then, the conditions for the cancellation of leases remain the same.
It is important to note that landlords are permitted by law to serve a tenant a default notice before the tenant has been in default for 30 working days. As a result, it is possible for the default and notice periods to be concurrent rather than consecutive.
These changes apply retrospectively to all lease cancellation notices served on or after 8 April 2020.
It is the New Zealand Government’s intentions that these extensions will enable productive negotiation between landlords and tenants with respect to any difficulties that arise, or have arisen, as a result of COVID-19. However, we understand that uncertainties remain for many commercial landlords and tenants
If you have any questions about how these changes might affect you and want legal advice from one of our team, feel free to call us on 03 3892121 or contact a member of our Business Law team below.
NB: Please note that the above is a general overview of the topic and is not advice. Every situation is different and would require advice tailored to the individual.
Linwood Law can assist in preparing a will for you, so that your wishes can be best followed after your death. We place importance on the completion of your will in a skilled and professional manner.
We offer a discounted service, to encourage clients to put their affairs in order. We will administer the estates of your loved ones efficiently and cost-effectively.
We can also advise on and complete both general powers of attorney, and enduring powers of attorney under the Protection of Personal and Property Rights Act, to ensure that others have lawful authority to conduct your affairs or make healthcare decisions for you.
We have answered all of your specific questions relating to Wills and Covid 19 here.
The need to provide access to justice for all members of the community is a core principle of the Linwood Law team. With this in mind, a new Legal Aid Family and Employment Law service was launched in February 2017.
Legal Aid is Government funding for legal help where the client cannot afford to pay. Affordability is based on a formula assessment and your eligibility will depend on a combination of your income and assets. Most legal aid clients are required by law to pay the first $50 towards their legal fees. Some clients will be required to pay back their grant of aid to the Ministry of Justice but this is assessed on a case by case basis and again is dependent on your income and assets. To see if you might be eligible visit the Ministry of Justice website.
If you are not sure, call Linwood Law and ask for a referral to the Legal Aid team who can help you with the application process.
The services offered by the Legal Aid team include all family law matters – paternity, adoption, parenting orders, guardianship, custody matters where the Ministry for Vulnerable Children, Oranga Tamariki, (“MVCOT”) have become involved with families, domestic violence (protection orders) and relationship property (including contracting out agreements or “pre-nups”, and relationship property separation agreements). Where necessary the Legal Aid team can work in with the other teams at Linwood Law to provide a wrap-around service for our clients. We also have a working relationship with a diverse range of social services and support providers.
If you have issues with your employment, Legal Aid is available for employees. However, it is not available for employers. The team does undertake private work for employers on request.
FLAS is an alternative to Legal Aid for disputes involving parenting or guardianship matters where there is no immediate risk of harm or hardship to the child/ren and therefore filing for Orders may not be appropriate at this stage. Funding is available for eligible persons in two parts.
Part 1: Initial consultation with a lawyer. This consultation will cover the client’s legal rights and responsibilities and their legal options in terms of the next steps they may take to resolve their dispute.
Part 2: Help in filling out court forms (whether a party is making an application to the court or responding to an application made by the other party).
FLAS is government funded and there is no requirement of repayment. To find out if you are eligible visit the Ministry of Justice website.
If further advice or legal action is needed following these matters you may have to pay privately unless you are eligible to apply for Legal Aid.
