Innocent buyers in need of protection

Monday Aug 24, 2009

By Anne Gibson – NZ Herald

Immigrants are being saddled with leaky homes, unwittingly buying into our national disaster, says a Remuera real estate agent.

Steve Koerber of Barfoot & Thompson has pointed the finger at vendors and other real estate agents, saying there is a lack of information about houses.

John Gray of the Homeowners and Buyers Association agreed that some agents were reluctant to let potential buyers know of weather-tightness issues, but an agency boss has rejected criticism.

Bryan Thomson, Harcourts chief executive, said agents were upfront if they were made aware of leaks. But not all vendors told agents about leak issues, he said.

Mr Koerber said migrants were particularly at risk because so many were unaware of the dangers of buying a New Zealand house. “I have a big problem with the fact that hundreds of new immigrants and some locals are literally stitched up into potentially leaky or actually leaky homes. Their eyes are wide shut and some owners and agents are genuinely relieved to find them,” Mr Koerber said.

He wants to meet Building and Construction Minister Maurice Williamson and persuade him of the need for Government-controlled inspections, particularly of houses built between the risky period 1991 to 2003.

He believes this is a viable solution to the country’s leaky-home crisis, thought to affect about 80,000 places.

A new law to protect buyers and sellers of plaster homes that demanded state inspection reports of at-risk houses attached to listing and sale and purchase agreements would help, he said. Homeowners would pay about $1000 for the reports, but the Government should subsidise this.

Mr Koerber said he knew some assessment reports on houses were inadequate but he suggested reports would need to comply with stringent guidelines highlighting risk factors including cladding, roof construction, location and when the house was built.

“If a house leaks and is bought ‘eyes shut’ by a new immigrant for $1 million, the actual value of that house could be, say, $800,000 if the problems had been/were found/known. If this immigrant stays a few years then sells under the same circumstances to another naive buyer, then the problem is hidden again,” he said.

The Government’s Weathertight Homes Resolution Service offers written assessments of homes not more than 10 years old which are suspected of leaking. A full assessor’s report costs $500 for a stand-alone property or single unit claim, $1000 for a duplex of two or more units or $1500 for a multi-unit complex.

Mr Gray said many of Mr Koerber’s suggestions were noble but ill-founded and impractical. “Unfortunately the Government does not have any appetite to get close to the problem nor to regulate anything. So it is left to us as a self-funded organisation to try to educate people about the risks of buying any home. Some people have jumped through hoops when looking at buying what is perceived to be a high-risk home and shied away to buy a perceived low-risk home only to find that is a disaster.

“Don’t drop your guard no matter what type of home you are intending to buy. It is unfortunate also that some owners who have had their homes remediated to a very high standard find themselves being victimised by naive agents and conveyance lawyers who advise their clients to stay away from a remediated leaky home.

“Every home should be subject to a pre-purchase inspection undertaken by a suitably qualified person when someone is committing to the biggest purchase of their lives. However, the real problem is the lack of suitable qualified, experienced and competent pre-purchase surveyors – with professional indemnity insurance – upon whom you could rely,” Mr Gray said.

http://www.nzherald.co.nz/property/news/article.cfm?c_id=8&objectid=10592715&ref=rss

Immigration in the Current Time

 

Auckland Immigration Law Firm

Whether you are already residing in New Zealand or are planning a move to New Zealand, you should be aware of the benefits and risks surrounding your application or current permits.

Losing your New Zealand job, as a result of the recession or otherwise may result in you not being eligible to work in another organisation. This can have dire consequences, the worst being that you could face having to leave New Zealand.

A work permit does not carry with it a guarantee for renewal or a guarantee that permanent residency will be granted. A sad fact that some migrants do not completely understand when making the move to New Zealand.

Unemployment in New Zealand is at its highest level since September 2000 with the outlook looking weak until early 2010.

In a July jobs update, http://www.trademe.co.nz highlighted that the number of applications per job advertised had risen by 50 per cent over the past 12 months.

New Zealand welcomes new migrants – people who will contribute to the country by bringing valuable skills or qualifications, setting up a business, or making a financial investment.

So what options are available to you? Immigrants in New Zealand fall broadly into three categories:-

1. Those that hold Citizenship
2. Those that reside in New Zealand and hold permanent residency
3. Those that reside in New Zealand and hold valid work permits

If you currently reside in New Zealand and hold a valid work permit that is about to expire, review your options.

1. Are you eligible for permanent residency? If so then this should become your priority. Holding a permanent residency permit places you in a stronger position should you be required to find alternative employment because of downsizing or closing of the organization that sponsored your work permit application.
2. Apply for the renewal of your work permit in a timely fashion.

Employers who are unable to find suitable workers in New Zealand and have roles that do not meet the Skilled Migrant or Talent work permit criteria may be able to assist a potential employee in obtaining an Essential Skills work visa or permit. An employer would have to demonstrate that:

1. There were no suitable employees in New Zealand.
2. They made genuine attempts to attract and recruit New Zealand workers for the positions at the current market salary.
3. They provided evidence of advertisements placed, responses received, industry statistics on vacancies and training in place to address shortages.

Work and Income would also be contacted. All of the above takes time, so you need to allow sufficient time when renewing your work permit.

At Quay Law we are often asked to clarify the difference between a visa and a permit? A visa allows a person to travel to the NZ border and a permit allows them to remain in the country. Unless a person has a multiple-entry visa or another single-entry visa, a permit expires when a person leaves the country.

We recommend that you do your homework and consult a professional immigration advisor to ensure that all your requirements pertaining to New Zealand Immigration are adequately addressed. Sometimes this can be as simple as ensuring that your application is completed using the correct application form, a mistake that can cause an unnecessary time delay. Mistakes or shortcuts in this process can have financial and emotional consequences.

For more information on your immigration matters, call Ian Mellett of Quay Law Barrister and Solicitor in confidence.

Contact Details Phone: 09 523-2408

Email: ian.mellett@quaylaw.co.nz

Web: www.quaylaw.co.nz

Web: www.lawyerinauckland.co.nz

Quay Law Legal Blog: www.ianmellett.wordpress.com

Immigration Blog: www.immigratenz.wordpress.com

Skype: Quaylaw

UNAUTHORISED USE. The contents of this article may be subject to copyright, legally privileged and confidential. Any unauthorised use, distribution or copying of the contents is expressly prohibited

Foreign workers fear expulsion

By REBECCA TODD – The Press

Work-permit applications are being declined at double the rate of a year ago, leaving immigrants worried about their future. More than 760 work-permit applications were rejected in April this year, compared with 224 in April 2006 and 357 last year. While 4500 applications were accepted in April last year, just 3200 were issued in April this year lowering the approval rating from 93 per cent to 81 per cent. Canterbury dairy farmer and consultant for recruitment company Greener Horizons, Shirlene Cochrane, said her company had 22 Filipinos working in Canterbury whose visas were due for renewal over the next 10 months. She had documentation from the Immigration Department indicating it would be “pretty much impossible to get them renewed”. However, she said unemployed Kiwis could not fill the jobs. Reinier Undan, 27, has been working on a Leeston dairy farm for eight months. His visa is due for renewal in October. He has a two-year contract, but is worried about whether he will be allowed to stay. Undan is saving money for his wedding next year, as well as paying for his younger brother to attend school. He had hoped to bring his wife to New Zealand to live. “I feel a little bit nervous because I heard some news from other Filipinos that when they went to get renewed, they were turned down,” he said. “It might be very hard to find work at home.” Undan’s employer, Alistair McDrury, said what set Filipino workers apart from many Kiwis was their work ethic. “Immigration is wanting to clamp up on letting them into the country, but just because people are unemployed doesn’t mean they are suitable to work on dairy farms,” he said. “The unemployment rate is climbing, but the dairy industry is still struggling to find staff.” Migrant Action Trust co-ordinator Agnes Granada said some migrants had been in New Zealand for up to nine years and were now faced with possibly having to go home. Immigrants who were made redundant could only look for work in the occupation their permit covered and had little time to find a new job. Granada said the trust was asking Immigration Minister Jonathan Coleman to allow immigrants to seek work in any area. “Many migrants are unable to find a job in the current climate. Where are these people going to go?” she said. “We want to highlight to the minister that coming to New Zealand involves huge investment.” The National Distribution Union and Filipino workers’ group, Migrante Aotearoa, are petitioning the Government to extend redundant migrants’ work permits for three months.  “Many migrants and their families have lost their residency applications and are in deep trouble,” Migrante Aotearoa director Dennis Maga said. “We encouraged migrants and their families to come to New Zealand when we needed them to fill our labour shortage; we shouldn’t throw them out now that they are in need.” Coleman said temporary work visas would not be renewed as more New Zealanders became available to work. “There is never any guarantee that they will be renewed, and migrants know this when they come to New Zealand under those visas,” the minister said.

http://www.stuff.co.nz/national/farming/2480593/Foreign-workers-fear-expulsion

Key requirements under the Migrant Investment Policy

Key requirements under the Migrant Investment Policy.

 Investors and entrepreneurs will find it easier to get residency in New Zealand following the government’s decision to relax business migrant rules. Please find below a table provided by Immigration New Zealand highlighting the Key Requirements under the Migrant Investment Policy. The Migrant Investment Policy has two residence sub-categories.

Key requirements under the Migrant Investment Policy

For more information regarding your immigration matters, please contact the friendly team at Quay Law.

Immigration and the New Zealand Economy

At times like these any proposed immigration should be carefully planned.

 Unemployment in New Zealand is at its highest level since September 2000 with the outlook looking weak until early 2010.

 In a July jobs update, www.trademe.co.nz highlighted that the number of applications per job advertised had risen by 50 per cent over the past 12 months.

 New Zealand welcomes new migrants – people who will contribute to the country by bringing valuable skills or qualifications, setting up a business, or making a financial investment.  Moving to a new country is stressful and finding work and starting a job in a new country can add to that stress.  This aside from finding work within the constraints of the current economic situation.

 We hear too many stories of people who have arrived, become disillusioned when searching for work and subsequently deplete their savings whilst attempting to support themselves. They return to their country of origin disheartened. 

 On the other hand there are many success stories.  Happy immigrants well settled, fulfilling vital roles within many different occupations throughout the country

 We recommend that you do your homework and consult a professional immigration advisor to ensure that all your requirements pertaining to New Zealand Immigration are adequately addressed.

Quay Law Business Review

Ian Mellett, Principal of Quay Law

BUSINESS REVIEW – QUAY LAW, AUCKLAND 

 “What I like about being in my own business is that if I need to make decisions, then I can make them”, Ian tells me of his firm Quay Law.

Ian is friendly and welcoming.  He is confident, professional in manner and immediately puts you at ease.

Ian’s law firm is 2 years old (he has practised in New Zealand for nine years) and is situated at the end of the quay near Auckland’s Hilton Hotel.  It’s an attractive setting for a business.  The calm blue sea outside and view of the harbour bridge provides an ergonomic escape for weary office workers.  Refreshment is never far away at the viaduct which is laced with enticing cafes, bars and restaurants in walking distance.   

Coming from a legal and tax background at Deloittes in South Africa, Ian has worked hard to re-establish his legal position in New Zealand since arriving from South Africa in 1997.  He resigned from his position with Deloittes in Wellington and pursued fulltime study in order to write the New Zealand Law Society Practice and Conversion examinations.  He remembers it as being a difficult period where he questioned many times if he had made the right decision.  But he’s glad now that he tackled the exams, saying that “Choosing whether to re-qualify in order to stay in your own profession is a personal choice and you need to deal practically with your own situation.” 

Quay Law offers many legal advisory services including immigration, residential and commercial conveyancing (buying and selling property), trust and estate planning (encompassing family trusts and wills), estate administration, taxation matters, buying or selling a business, business succession planning, relationship property agreements and general legal advice. 

Even if you aren’t considering marriage, there can still be legal complications in New Zealand for long term relationships that you should be aware of.  Also many South Africans arriving in New Zealand overlook renewing wills and last testaments.  Like Ian says, “It doesn’t have to be a complex document, but it’s an essential one particularly if children are involved”.  These are two of many legal issues facing new arrivals in New Zealand, which is why Ian strongly advises seeking legal advice from the beginning.

Ian acknowledges that immigrating to a new country is a daunting prospect, and believes that it is essential to plan your affairs properly.  In this regard it is often easier to speak to and deal with someone who has experienced that process and who can provide valuable practical insight when advising you. 

He is acutely aware that cost is often an issue, and accordingly focuses on providing appropriate and quality legal advice at affordable prices.  Ian is committed to being seen as a professional service provider who does want to help and make a difference, both from a legal and a general settling-in perspective.

Article written by www.linksouthafrica.co.nz

NZ cities more affordable

A fall in the value of the New Zealand dollar has made Auckland and Wellington much cheaper places to live for expatriates working for multinational organisations. Mercer’s worldwide cost of living survey, carried out in March and published today, showed the two New Zealand cities had close to the lowest cost of living out of 143 cities covered. Auckland was in 138th place, from 78th a year earlier, with a cost of living index of 54 compared to 81 in March 2008. The index is based on a figure of 100 for New York. Wellington is one place lower at 139, from 93 a year earlier, and with an index figure of 52.3, down from 77.6 in 2008. Rob Knox of Mercer said the New Zealand cities were “extremely” cost competitive across the Asia Pacific region for global workers, in comparison with places such as Beijing, Hong Kong, Tokyo and Osaka, which all climbed the rankings this year. “This helps make New Zealand a very attractive hub for companies looking to grow their presence in the Asia Pacific region,” he said. The cost of living of New Zealand cities benefited from a fall in the value of the NZ dollar, which at the end of March had depreciated by more than 33 percent against the US dollar from a year earlier. Also in this country’s favour, Mercer’s quality of living survey published in April ranked Auckland 4th in the world and Wellington 12th. Mr Knox said organisations needed to take the quality of living standards into consideration to establish the true “value of living” of a particular location. In Australia, Sydney remains the most expensive city for expatriates, but dropped from 15th to 66th place with a score of 75.5 points. Melbourne was down to 92nd with 69.9 points from 36th, Brisbane fell to 116th with 65.3 points from 57th, Perth fell to 117th with 65.2 points from 53rd, while Adelaide fell to 130th with 61.3 points from 73rd. Overall, Tokyo knocked Moscow off the top spot to become the world’s most expensive city for expatriates. Tokyo with 143.7 points rose from second place in 2008, while second placed Osaka was up from 11th place with 119.2 points. Moscow fell to third with 115.4 points. The most expensive European Union city is Copenhagen, Denmark unchanged from 7th place last year with 105 points, while New York is the most expensive city in the United States moving up to eighth place from 22nd. Bottom of the list is Johannesburg with 49.6 points. The survey measures the comparative cost of more than 200 items in each location, including housing, transport, food, clothing, household goods and entertainment.

NZPA

http://www.stuff.co.nz/business/personal-finance/2571966/NZ-cities-more-affordable

Immigration Advisers Licensing Act

From 4 May 2009 anyone who provides immigration advice in New Zealand must have a licence from the Immigration Advisers Authority, unless they are exempt from the requirement to hold a licence. From 4 May 2009, Immigration New Zealand will refuse to accept applications from unlicensed onshore advisers. 

If an onshore adviser acting on behalf of an immigration client is not on the Register of licensed advisers (or not exempt), their application will be returned failed lodgement, and we will advise the Registrar of the Immigration Advisers Authority. Advisers who are awaiting a licensing decision from the Registrar are considered unlicensed.

 From 4 May 2010, offshore advisers giving advice to people seeking visas or permits will also have to be licensed.

For more information regarding your  immigration matters, please contact the team at Quay Law.