Welcome to your last Legal Update for 2005.

Our offices close for the Christmas and New Year period at midday Friday 23 December and will reopen 8:30am Monday 30 January 2006 .

If you think you may require our assistance during this period, especially for property transactions, please contact us as soon as possible so we can discuss timeframes and where necessary, arrange support from another solicitor colleague.

It has been a busy year.  Word of mouth has been great with people telling others of Rotherhams and forwarding newsletters and articles - thank you for your support.  Referrals are important to us as they indicate we are servicing our clients well.

As this is our last Legal Update for 2005, we take this opportunity to again thank you all for your support throughout the year, and to wish you and your families a very happy, safe, and energising, holiday season.

Until next year, happy reading and take care....

Pat and Shelly Rotherham

Rotherhams Legal Update:  Summer 05/06

........ IN THIS ISSUE ..........

Bird Flu & Business Owners   - Should we be worried.....

Climate Control and the Kyoto Protocol - What is the Kyoto Protocol?

Shelly's Hot Tip - Add an attachment to a new email quickly

Problem Neighbours - and those trees

In Brief - Snappy updates

Our last Legal Update - A summary of last issue's contents in case you missed it

Bird Flu & Business Owners.......Should We Be Worried? A day doesn't go by now, where the media hasn't reported something relating to a possible bird flu pandemic arising in New Zealand. Raising the subject with people creates interesting conversation.  Some experts are suggesting that a human outbreak overseas is almost inevitable - and that it would most likely be accompanied by a high mortality rate. Personally, we have chosen to listen to the professionals.  We see it as a form of insurance, especially for the self employed.   As an employer you have a responsibility to communicate your basic emergency plan amongst employees.  Don't have a plan?  Read the full article on our thoughts and guidance, especially for those in business. Back to Index

Climate Control and the Kyoto Protocol Climate change is a normal global process that occurs naturally, for example, when sea level and air temperature vary. This otherwise normal process is gradually being affected by the increase in greenhouse gases (GHG) being stored and released into the earth's atmosphere as a result of human activity. Within New Zealand (NZ) and internationally, climate change has been affected by considerable increases of omissions of GHG resulting from fossil fuels burning, deforestation, livestock farming and other human activities. International concern led to the formulation of the Kyoto Protocol (KP) that New Zealand ratified in 2002. Many have criticised the NZ government for choosing to ratify the KP. This criticism has increased in view of recent statistics revealed in the government's annual report on climate change policy implementation 2004/2005 ("the annual report"). What is the Kyoto Protocol? The KP legally came into force on 16 February 2005. It sets binding targets for signatory countries to the KP (Parties) by setting absolute national emission caps on GHG emissions as well as providing means for Parties to meet their commitments. Specifically, Parties are to ensure that their GHG emissions do not exceed an assigned amount, being 5 times 1990 GHG levels, during 2008 to 2012 (the first commitment period). The KP also sets a combined target for Parties to reduce overall emissions of GHG by at least 5% below 1990 levels in the first commitment period. Parties are to have made demonstrable progress towards achieving their commitments under the KP by 2005. How does it affect us? Under the KP, New Zealand is obligated to meet its commitments in the first commitment period or the government must take responsibility for the excess. This means obtaining additional emission units through the use of any of the KP mechanisms and/or emission units resulting from qualifying land use, land use change and forestry activities. The government may choose what proportion of its obligations will be met through domestic emission reductions and the proportion for which it will obtain emission units. Government Policy The central elements of NZ government policy on implementation of the KP as confirmed in October 2002 include: the introduction of the carbon tax as from 2007; retention of ownership of emission units resulting from qualifying land use, land use change and forestry activities and assumption of (capped) liabilities arising from deforestation; negotiated Green House agreements for firms and industries considered at risk; projects to reduce emissions; and measures such as research into reducing agricultural emissions, initiatives in the forestry, local government and business sectors. Recent government statistics reveal that for the first commitment period, New Zealand may have a net deficit of 36 million tonnes of CO 2 equivalent. The government would need to offset this deficit by purchasing emission units from the international market. It is estimated that this could cost the government between $375 million to $2 billion. The main reasons for the deficit is an increase in emissions from the energy and industrial processes sectors, and a decrease in removals of GHG through land use, land use change and forestry activities. Carbon Tax The proposed carbon tax will be applied to production and importation of products known to result in GHG emissions, and also to human induced emissions of the same. Specifically excluded from the carbon tax, for at least the first commitment period, are agricultural emissions and products made from bio-mass including wood. The carbon tax is intended to be a transitional measure for exposing the New Zealand economy to the price of carbon. For the average household, the proposed tax will be reflected in an increase in the cost of energy and some products. In view of the recent statistics, there is to be a revision of objectives and the government's policy approach which may result in changes to the government policy. It appears there is considerable opposition to the carbon tax and the recently established labour-led coalition government may not have the required support to bring it into effect. Significant uncertainty remains as to whether NZ will be in a position to meet its obligations under the KP in the first commitment period. Back to Index

Shelly's Hot Tip - Add An Attachment To A New Email Quickly We all probably know how to 'insert an attachment' to an email, from the open email.  How about in reverse? Locate the file first, but don't open it.   Then left click and drag it to your Inbox.  Outlook automatically opens a new email with the file attached.  You can check you've attached the right document by double clicking to open it.  If your inbox isn't visible on your task bar (that's the bar along the bottom of the screen), let your mouse hover over the Outlook icon for a few seconds, you'll find Outlook will pop up, then hover again over Mail, to Inbox (all the time keeping your left botton down). PS  I hope you found my delay sending emails tip useful.  You may find this handy for sending information over the holiday period (eg to advise creditors you've made a bill payment, on a pre-set date that you've also set in advance with internet banking).  If you missed it, click here. Back to Index You're welcome to Subscribe  now if you've been sent this Newsletter

Problem Neighbours and Those Trees Given most of us live in close proximity to our neighbours, it is important to understand each others rights. Our last newsletter (Spring 2005) outlined your options when it comes to noisy neighbours. This edition, we discuss the other common source of tension between neighbours ........ trees. Have you ever purchased a property and later discovered that your neighbour's trees will eventually block your view or prevent your property from having the benefit of sunlight? Obstructing trees can be a major cause of property disputes between neighbours. It is a good idea to talk to your neighbour first to see if you can come to some arrangement that is suitable to both parties, such as, agreeing to have the trees trimmed or reduced in height. However, if that doesn't work you can apply to the District Court under the Property Law Act 1952 ("the A"ct). Section 129C of the Act gives the Court the power to order removal or trimming of trees injuriously affecting neighbour's land. Specifically, section 129C(6) includes factors that the Court may take into consideration in determining whether a tree is obstructing the applicant's view or is otherwise causing injury or loss to the applicant. These factors include the: Interests of the public in the maintenance of an aesthetically pleasing environment; Desirability of protecting public reserves containing trees; Value of the tree as a public amenity; Historical, cultural or scientific significance (if any) of the tree; and Likely effect (if any) of the removal or trimming of the tree on ground stability, the water table or run-off. Other Considerations The Court will not make an order under this section unless it is satisfied that: The tree is causing or is likely to cause loss, injury or damage to the applicant's life, health or property (section 129C(8)(a)); or The tree is obstructing any view that an occupier of the applicant's land would otherwise be able to enjoy, or is otherwise causing injury or loss by diminishing the values of the property or reducing the enjoyment of it for residential purposes (section 129C(8)(b)). The Court will balance these considerations between the hardship that would be caused to the applicant by the refusal to make the order and the hardship that would be caused to the defendant by the making of the order. Back to Index

In Brief Bird Flu, Wills & Enduring Powers of Attorney? We insure against events which we hope will never occur; house and contents insurance, motor vehicle insurance, medical insurance, loss of income insurance, life insurance, mortgage repayment insurance etc etc, and most of the time we pay for this insurance, year after year. Why then, would you not prepare for an event which the World Health Organisation (WHO) claims is very real and carries an extremely high mortality rate? A Will speaks for you upon your death, and an Enduring Power of Attorney is a document which grants someone the right to speak for you if you are too unwell to do so yourself. One advantage these documents have over insurance is, they carry in the majority of cases, a once only fee (excluding the need to make amendments as personal circumstances change). If you have been putting off these matters, it may be time for you to set aside the time to address these issues, and set your mind at ease in the knowledge that family members will have clear directions regarding your personal wishes, if and when the need arises. You are welcome to contact us if you would like to discuss your needs.       Work and Public Holidays This time of year always raises questions regarding working public holidays.  Refresh your knowledge on the law for pay and leave entitlements by reading from our 'Legal Library' the Holidays Amendment Act 2004 article.  Further information can be found on the Department of Labour's Employment Relations Service site http://www.ers.dol.govt.nz/.

Our Last Legal Update    If you missed your last Newsletter the topics covered were: Building Compliance Recognising the rights and views of children - "custody & access" no more Shelly's Hot Tip - Click 'send' too soon.....too often? In Brief - Paid Parental Leave and Penalty Interest on Leases and you can access it on our website now, Remember - we close for the holiday season on 23 December and reopen on 30 January.  We value your business so please contact us now if you feel you will need assistance during this period . Back to Index Website:         www.rotherhams.co.nz Telephone:    +64 3 366 8751 Facsimile:      +64 3 365 2388 Address:         Christchurch Office                          Level 1, 85 Riccarton Road, P O Box 80162, Riccarton, Christchurch, NZ                           Kaikoura Office                           Hospital Building, Kaikoura - postal address as per Christchurch Branch