Legal FAQ

What will it cost?

Professional legal services can be expensive - but by working closely with your chosen advisor, it is often possible to carry out the work in a cost effective manner.

There are different levels of charge for different types of work. For example, much Family Law work is carried out at Legal Aid rates (or rates similar to those). By contrast, complex commercial work is normally charged at a higher rate, because the amounts involved and the potential consequences for those people, is considerable.

Fortunately, for transactional work (such as buying a house or arranging a loan), we are able to work cost effectively by using paralegals such as a Registered Legal Executive.

If you want to know more about the likely cost of proposed work, please contact us.

Is it easy to find a park?

Godfreys is situated in Central Christchurch and parking can sometimes be a problem. If it is likely to be an issue, we can give you some ideas on best times to call at our office; and it is also possible to carry out a large amount of our work through best use of fax, email and phone discussions.

As well, the public car parking at the Farmers building is only a few minutes away.

For elderly or those with mobility issues, our office offers some special features. We are one of the few ground floor law firms within Central Christchurch and there is easy access up a few steps. There is also a wheelchair ramp for those who may need it.

Can I get Legal Aid?

Legal Aid is only available for some areas of work. For example, some people facing serious criminal charges might be eligible for Legal Aid; and some people who have civil claims or family problems, might be able to get Legal Aid.

To be eligible, there are strict limits both as to income and assets. Also, Legal Aid is now treated as more of a loan than a free handout. It is important to check at the start if you will eligible; and if so, whether the likely amount available is enough to complete the work concerned; and what repayment terms will apply.

We have staff skilled in processing Legal Aid Applications and we can assist you in applying for aid to determine if it is available prior to commencing work.

What are "LIMs and PIMs"?

Many people have heard of "LIMs and PIMs", when they are buying or selling houses.

A LIM is a report from the local council, where a property is situated. A PIM report is similar, but relates to a building in the process of construction.

Most often a property purchaser will be looking at a LIM.

It is essential to get LIM report, because it contains useful and important information about a property. For example it will detail building consents, building permits and it might also highlight work on the property for which no such consents were obtained!

In most cases the fee for a LIM report is not very much, ranging from $150 to $300. It is money well spent, especially when considering the amount of money being spent on the property being purchased!

What happens if I don't have a will?

It is surprising how many people in New Zealand do not have current wills. If you own property it is important to have a will which sets out who takes responsibility for sorting things out; and also who gets the money after that.

If there is no will, it will lead to extra expense and often, to extra complications.

Luckily there is an Act of Parliament (called the Administration Act) which sets out a list of who might get the money (if there is no will). The list includes spouse, children, grandchildren, brothers and sisters. Only if there is none of those people would the money go to the Government.

It is much cheaper to have a simple will to set out who should deal with the estate rather than take any risk with where the money might go.

What does "Searching the Title" mean?

When you buy a property, it is important to have a lawyer check the title. In the past, this was not an easy process, and many years ago, there were large books which contained title deed information. In those days it was a case of carrying out "a search". A lawyer would personally have to go to the Lands and Deeds Office to inspect the books, make notes of the title and try to understand the items marked.

Luckily, New Zealand now has a computer based system of titles. Checking the title is much simpler, but it is still very important.

Many titles are clear of interests and encumbrances - but a lawyer still needs to fully understand the property being purchased. For example, there could be missing easements or other missing documents needed for full enjoyment of the property being purchased.

Whether it is called "searching the title" or something else, this is one of the most important aspects of property purchase, and is best carried out by a lawyer skilled in those transactions.