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A false statement or untrue representation made by or on behalf of one party to another that induced the other party to enter into a contract or agreement is in law actionable as a "misrepresentation".

A misrepresentation covers situations when one party makes claims to a party and those claims, which was found to be false, induced the other party to enter into an agreement. An example of misrepresentation was demonstrated in the case decided in England in 1936 of With v O’Flanagan. In that decision the seller of a medical practice informed the buyer during negotiations that the income of the business was £2000 per year but failed to inform the buyer that the income had in the period immediately before the signing of the contract fallen dramatically to only 15% of its previous income. The court held in that decision that there was misrepresentation since the seller is required to inform the buyer that there has been a significant changed in circumstances such that the statement as to the income of the business is no longer true.

The law in New Zealand allows a party to cancel a contract if it can be shown that there has been a misrepresentation. That party must have been misled by the other party as to a material issue, before the contract is signed.

Before a misrepresentation is actionable, the party that alleges misrepresentation must demonstrate:
A. There has been a false statement made;
B. The false statement is a statement as to present or past fact; and
C. The statement induced that party to enter into the contract.

A: Statement of Fact
For misrepresentation to be actionable in law, the other party must have made a statement of fact that is untrue.

The other party must also be shown to have intended to be accountable for the statement. This can be shown if the other party either has or claims to have knowledge in the field or if the party has given assurances as to the truth of the party's words.

B: Present or Past Fact
Next, the statement must concern something which is currently happening or has happened. In other words, it must be a present or past fact and not an opinion or a forecast of future events. A representation as to forecast events or earnings may not amount to misrepresentation in law if the information proves to be false.

C: Inducement
The third step in proving there to be a misrepresentation is that the party who claims to have suffered a loss due to a misrepresentation must have been induced by this statement to enter into the contract. In other words, that party must have relied on the false statement and it led the party to enter into the contract.

What are the remedies to a misrepresentation?
Once this misrepresentation has been proven, it provides two options.

First, a party may claim damages for the difference in value between what that party would have received if the statement was true and what was actually received.

Another remedy would be to cancel the contract. This can be done if the party can demonstrate that it was a material to the party or can show that the misrepresentation substantially reduced the benefit that the party would have received from the contract.

Please note that the above information is intended to provide general information. The contents contained in this article do not constitute legal advice and should not be relied on as such.

LawNews-30-Final

2018年国际电影节

Christina和她的法律助理团队参加了2018年的奥克兰国际电影节，并观看了法国电影《监管》，这是一部关于分居和离婚诉讼的电影， 讲述夫妻感情破裂离婚后， 为争夺儿子抚养权闹上法庭的故事及对儿童的影响。

德胜律师事务所（Christi Law）2018年圣诞晚宴

Christi Law的学生法律助理们穿着他们的律师服在圣帕特里克大教堂前与Christina和大律师Stephen Piggin留影，随后在奥克兰的Grove饭店晚餐， 共同庆祝丰收的2018年。

LawNews-30-Final - Click on the link to read.

International Film Festival 2018

Christina and her law clerks attended the Auckland International Film Festival 2018 and viewed the French film "Custody", a film about parties in the midst of a separation and divorce proceedings and the impact they had on the children.

Christmas 2018

The student law clerks at Christi Law had their own mock call to the Bar with Christina and barrister, Stephen Piggin, at the St Patrick's Cathedral, followed by a dinner at the Grove Restaurant in Auckland.

My experiences with Christina was she always promptly responded and shared her expert knowledge with me, in which it made me feel confident in her ability.
Christina explained everything thoroughly for me to understand clearly before all the documents were signed.

I will definitely use Christi Law again in future.

在新西兰有一些关于公司注册的重要变化你需要了解. 这些变化是由2014年公司修订法案引入并于2015年5月1号生效. 在这些变化中间,包括了 对董事有新的要求以及与董事有关的其他披露信息.

变化包括:

该法案引入了额外的常驻董事要求（该董事每年在少在新西兰居住183天），使其成为强制性要求

• 至少有一位董事住在新西兰
• 至少有一名董事必须居住在执法国家，并且是该注册公司的董事

到现在为止,唯一列出的执法国家是澳大利亚. 如果公司没有董事居住在新西兰但是有董事居住在澳洲, 该董事也必须是在澳洲注册公司的董事. 他或她并不要求是现今注册公司的董事, 只要被澳大利亚公司办公室接受为在澳洲注册公司的董事便可被委任为新西兰公司的董事.

除此之外, 所有的董事必须向新西兰注册办公室提供以下的信息:

• 全名
• 出生年月
• 出生地点
• 居住地址

如果该公司一个董事有在澳大利亚的居住地址, 在申请公司注册时要注明该董事是否是澳洲注册公司的董事, 如果是, 那就需要提供澳洲公司的信息, 包括澳洲公司号码(CAN), 公司名字和注册地址。

该法案要求公司注册办公室对董事的出生日期和地点等信息保密而不得向外界提供，

这些变化将如何使用于现有公司？

对于在2015年10月28日之前到期的年度申报表的公司，在完成年度申报表时需要提供出生日期和出生地信息

目前在新西兰注册的所有公司在20/10/2015 之前必须满足常驻董事的要求。

公司注册办公室有权在截止日期前将任何不符合常驻董事要求或未完成年度报表的公司从登记册中删除.