Terms of Engagement
These Terms of Engagement (“Terms”) apply to all work carried out by CG Law, except to the extent otherwise agreed in writing.
1.1 The services which we provide are:
- Buying and Selling Property including sections, houses, apartments, orchards, farms and businesses
- Wills and Estates
- Leases of Commercial and Industrial Buildings
- Business Acquisitions
- Subdivisions and Easements
CG Law does not offer financial advice under pursuance of the Financial Advisers Act 2008.
(a) The fees which we charge shall be fair and reasonable for the service provided. We will provide an estimate of fees on request.
(b) If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of our services. Work which falls outside that scope will be charged in addition to the fixed fee. CG Law will advise you as soon as reasonably practicable if it becomes necessary to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of the further costs.
CG Law charge a bureau fee of $60.00 plus GST for each file opened. This covers all tolls, mobile phone calls, photocopying, stamps, envelopes, form fees, faxes, emails, service and accounting charges.
In providing services disbursements may be incurred or payments made to third parties on your behalf. These will be included in our invoice when the disbursement is incurred. CG Law may require an advance payment for disbursements incurred on your behalf.
2.3 GST (if any)
GST (if any) is payable on our fees and charges.
CG Law will send invoices, on completion of the matter, or termination of our engagement. We may also send you an invoice when we incur significant disbursements.
Usually property transactions are billed at the time of settlement or completion of the work. When a property is sold, or a mortgage advanced, fees and disbursements will be deducted from the sale proceeds or mortgage advance. Invoices are payable within 14 days of the date of the invoice, unless alternative arrangements have been made. CG Law requires interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate of 8% above Westpac Bank’s 90-day bank bill buy rate as at the close of business on the date payment became due. If an invoice remains unpaid for 60 days you agree to pay all collection costs incurred by CG Law.
CG Law may ask you to pre-pay amounts to us, or to provide security for our fees and disbursements. You authorise CG Law to:
(a) debit against amounts pre-paid by you; and
(b) deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which we have provided an invoice.
We acknowledge the growing trend of payment by electronic banking and on request you will supply an encoded Bank deposit slip or signed authority to enable accuracy of information for payment from CG Law to you; and
The trust account of CG Law is account number 030374 0149475-00 with Westpac Bank.
2.7 Third Parties
Although you may expect to be reimbursed by a third party for our fees and disbursements, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment if the third party fails to pay.
3. Privacy Act 1993
3.1 The customer authorises CG Law or CG Law agent to:
(a) access, collect, retain and use any information about the customer;
(i) (including information held by the Ministry of Justice) for the purpose of assessing the customer’s creditworthiness; or
(ii) for the purpose of marketing products and services to the customer.
(b) disclose information about the customer, whether collected by CG Law from the customer directly or obtained by CG Law from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the customer.
3.2 Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services to you.
3.3 CG Law will not disclose to you confidential information which CG Law have in relation to any other client.
4.1 You may terminate our retainer at any time.
4.2 CG Law may terminate its retainer in any of the circumstances set out in Chapter 4 of the New Zealand Law Society’s Rules of Conduct and Client Care for Lawyers.
4.3 If our retainer is terminated you must pay CG Law all fees due up to the date of termination and all expenses incurred up to that date.
5. Retention of files and documents
5.1 You authorise CG Law (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 10 years after our engagement ends, or earlier if CG Law have converted those files and documents to an electronic format.
6. Conflicts of Interest
6.1 CG Law has procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises CG Law will advise you of this and follow the requirements and procedures set out in Chapter 5 of the New Zealand Law Society’s Rules of Conduct and Client Care for Lawyers.
7. Duty of Care
7.1 Our duty of care is to you and not to any other person. Before any other person may rely on our advice, CG Law must expressly agree to this.
8. Trust Account
8.1 CG Law maintains a trust account for all funds received from clients. If CG Law holds significant funds on your behalf CG Law will normally lodge those funds on interest bearing deposit with the ANZ Bank. In that case CG Law will charge an administration fee of 5% of the interest derived for accounting to you for the gross interest earned less IRD RWT and issuing withholding tax certificates in April of each year.
9.1 These Terms apply to any current engagement and also to any future engagement, whether or not CG Law sends you another copy of them.
9.2 CG Law are entitled to change these Terms from time to time.
9.3 Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
9.4 CG Law holds professional indemnity insurance that meets or exceeds minimum standards set by the NZ Law Society.
9.5 If you have a complaint please refer this to Clive Gardner. The Law Society also has a complaints service.