Home' Advocate Communications : Fiordland Advocate 19 May 2011 Contents LOCAL NEWS
19 May, 2011 | Page 5
Amelia was just six weeks old
when she displayed her first food
allergy symptoms. But it would be
many doctor and hospital visits
before her parents Sara Nolan
and Shane Frew were made aware
of the connection between what
Ms Nolan was eating and how
that was affecting their daughter
through her breast milk.
A trial on formula proved
disastrous. Amelia didn't even
swallow it but almost instantly
came out in large welts and
rashes -- her face, hands and feet
On another occasion Ms Nolan put
Amelia in the bath only to see her
skin start peeling off.
Time after time they'd be sent
home with various skin creams
until finally Amelia was diagnosed
with a severe allergy to nuts and
This is allergy awareness week
and the family hopes that by
sharing their story they'll be a
support to others facing similar
issues with their children.
"When we found out we knew
nobody who had it," Ms Nolan
Intolerance to various food
groups is relatively common
nowadays and places like early
childhood centres are well aware
of individual children's needs.
However, in Amelia's case it is far
more serious. Eating nuts or dairy
foods doesn't just make her sick
or come out in rashes, it could --
and has very nearly -- killed her.
"It can stop her breathing... they
might only have a minute to get
the adrenalin into her."
The family carries an EPI-pen at all
times. It's an adrenalin injection
designed to be administered in
the case of anaphylactic shock.
Fortunately for the family things
have only got this bad once before.
They were living in Roxburgh at
the time and the local ambulance
was out on a call and they had the
agonising wait for an ambulance
The couple does everything they
can to keep Amelia safe. They
scrutinise labels and Ms Nolan
has become adept at finding or
modifying recipes to exclude dairy
products and nuts. However, as
Amelia gets older, stamps her
independence and has more
interaction with other children it
gets harder to protect her.
Now two-and-a-half, she knows
that even when invited to birthday
parties she's not allowed to eat
the food on offer -- Mum packs her
food and takes it with them.
Living in a small community
certainly helps. Doctors and
ambulance crews know of
Amelia's condition and some close
friends have catered birthday
parties especially to ensure that
Amelia can eat everything the
other kids have. The Te Anau
Childcare Centre even went so far
as to ban children from bringing
any nuts or nut products in their
Such measures might seem
extreme but the family is hugely
grateful for the gesture. Even
residual exposure can cause an
allergic reaction. Just last week
Amelia was out with friends and
other children must have had
some peanut butter or similar
on their hands. Amelia came in
contact with it while playing and
must have touched her mouth
because she came out in blisters
around her mouth.
"It's hard to protect her from
everything," Ms Nolan said. "But
it's life-threatening for her. It's just
about education... so that people
get a bit of an understanding."
Ms Nolan said she wanted as
many people as possible to
understand how dangerous
allergies could be and welcomed
contact from other parents who
were learning to deal with similar
situations. She said the website
www.allergy.org.nz was a fantastic
place to find reliable information
and Facebook had also been a
valuable tool to connect with other
parents and share recipes or other
Anyone wanting to contact Ms
Nolan could do so by e-mailing
Food allergies keeps family on alert
Sara Nolan and Shane Frew's daughter Amelia is just like any happy, carefree
two-and-a-half year old -- but eating nuts or dairy products of any kind could kill
In most residential transactions, deposits
are paid by Purchasers and released
to Vendors without second thought.
However in some instances, disputes
over deposits can arise - so what are the
tricks to watch out for?
When is a deposit due? If you delve
into the fine print of the standard ADLS
agreement for sale and purchase, you
will see the deposit is due to be paid
once the agreement has been signed.
However, this is generally varied to
require payment when the Agreement
goes "unconditional" - the reason being
that a Purchaser doesn't normally want
to pay up until they know they are in a
position to go ahead with the purchase.
Who does the deposit get paid to? The
agreement requires that the deposit is to
be paid to the "Vendor" or the "Vendor's
Agent". In practice, this means to the
Real Estate Agent. The Real Estate Agent
is then required to hold the deposit as a
"stakeholder" for a certain time period
usually 10 days.
Both parties can agree to the Real Estate
Agent releasing the deposit earlier than the
10 day time frame. Purchasers should be
cautious of this though! If the transaction
does not settle (due to a Vendor default)
and the Vendor already has the deposit,
a Purchaser will be left with no security
and the deposit may be gone... Always
talk to your Lawyer before agreeing to
an early release of deposit.
You may want to know whether you can
pay the deposit with a personal cheque?
Contractually, the answer is No. The
deposit is part payment of the purchase
price and all payments must be made
by cleared funds. However, Real Estate
Agents aren't generally sticklers for this
rule and will normally accept personal
What if the Purchaser doesn't pay the
deposit? The Vendor has the power to
cancel the agreement if after giving 3
working days notice to the Purchaser,
the deposit remains unpaid.
Who keeps the deposit if you don't settle?
If a Buyer defaults, the simple answer is
the Vendor is entitled to keep the deposit
once the default procedures under the
Agreement have been followed. If the
Vendor defaults, the Buyer is entitled to
the return of the deposit.
Hannah Hodson is AWS Legal's Te Anau Solicitor. Please remember that this
information is designed as a general guide and should not replace specific legal
advice on a particular issue.
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