Brian Nelson, Susan Ritchie and David Earle are our senior commercial and property lawyers, with 85 years experience between them in the Nelson region. Tim Harley has a 35 year background in business law, banking, corporate finance and employment law. Also practising in this area are Jeremy Glasgow and John Harley.

Business and Employment If you wish to purchase or start a business, finance a business, purchase commercial property, engage in takeovers, mergers, or corporate restructuring then we are here to help you succeed. Starting a Business We can assist you in ensuring your business meets any legal requirements. Your business may require certain consents: Overseas Investment Commission consent if you are a non-resident (see sidebar); Commerce Commission consent if a takeover is involved which is likely to result in a dominant market position; Local authority consents under the Resource Management Act if the business involves the use of land otherwise than is permitted as of right. Most existing business will already have consents in place. Certain financial corporations (banks, insurers etc) require Reserve Bank consents and must meet statutory criteria for capitalisation etc. Some occupations require consent from industry authorities, for example real estate agents, motor vehicle dealers, professional occupations. Purchasing a Business Existing businesses will require a sale agreement to be entered by the parties. The Law Society has published standard forms used by most real estate agents and business brokers. The forms are fair to both the buyer and seller. You may wish to carry out "due diligence" before entering a formal agreement. Usually the agreement will be made subject to you carrying out a full investigation of the business and its accounts and being satisfied of its suitability. The agreement will also commonly be subject to your obtaining finance, your solicitor being satisfied on all legal matters, your being satisfied on Resource Management Act consents, your being satisfied on the terms of any lease and obtaining the landlord's consent to you as a tenant. A deposit is usually paid either when you sign the agreement or when all these conditions are satisfied. That deposit is your guarantee of good faith and is forfeit if you fail to settle. If the conditions are not satisfied then any deposit paid will be returned. If you proceed, we arrange the entire legal procedure, including bank securities, payment of the purchase price and exchange of legal documents on settlement. Employment Law We represent both employers and employees in: The drafting and interpretation of employment contracts General advice on Employment Law, the Holidays Act, and health and safety aspects of the Employment Act. Claims for personal grievances brought by employees against employers.

New Zealand Business Taxes To set up or purchase a new business you will have to be registered with the Inland Revenue Department both for income tax and for Goods and Services Tax. Company tax is 33 cents per $1 of profit. GST is 12.5% of turnover for all items except certain exempt items (mainly financial items, residential rentals and used housing). GST paid by a business is generally recoverable from the IRD. The purchase of an existing business will normally be zero rated for GST - no GST is payable. There are no other taxes on setting up a business. Investments by Overseas Residents There are no controls on the inflow and outflow of foreign currency or on the purchase of urban land and buildings or rural small holdings (under 5 hectares) by non-residents. However, if you are buying a business valued at over $10 million or rural (over 5 hectares), coastal, island or river/lake frontage land is involved, you will need to get Overseas Investments Commission consent. If you fit New Zealand immigration criteria, you can obtain permanent resident status. That status then avoids the controls of the Overseas Investment Commission. Non-permanent residents have the same rights as residents except for the Overseas Investments Commission controls.