Employees Beware!

Wednesday, November 16, 2011

All too often an employer may claim it had fair grounds for the actions it took to dismiss or discipline an employee, but did so too quickly or used a one sided process, and in doing faces a difficultly in justifying its actions before an Employment Relations Authority.  In this article James D Turner, Partner, McVeagh Fleming lawyers, looks at the opportunity for an employer to consider bringing a counterclaim and two recent cases holding employees responsible for their conduct. Read more

The Unit Titles Act 2010 and How It Will Affect You

Tuesday, September 06, 2011

The Unit Titles Act 2010 will replace the Unit Titles Act 1972 in late 2010. The old Act has been unable to properly provide and cater for the myriad of significant multi-story unit title developments built in the last two decades, and the new Act seeks to address the shortcomings of the current regime. Read more

Purchase of Residential Property: An Outline

Tuesday, September 06, 2011

The following is an outline of all of the services we will provide to you during the course of your sale. This list is intended to let you know exactly what is required and to provide you with piece of mind that the service we are providing is of the highest standard: Read more

Sale of Residential Property: An Outline

Tuesday, September 06, 2011

The following is an outline of all of the services we will provide to you during the course of your sale.  This list is intended to let you know exactly what is required and to provide you with piece of mind that the service we are providing is of the highest standard: Read more

Matters To Consider Before You Sign An Agreement To Lease

Tuesday, September 06, 2011

The leasing market is ever changing.  Many would argue the current economy to favour tenants – there are a myriad of vacant properties currently available, and a definite lack of (quality) prospective tenants available.  Many tenants are looking to down size, if not liquidate, leaving landlords ("LLs") in the unenviable position of being forced to consider short term and stop gap solutions for their own cash flow purposes.  Enter the commercial real estate agent, armed with an agreement to lease ("ATL") ....  but beware, both LL and tenant, once signed the ATL will legally bind you to the terms specified and your lawyer will be unlikely to be able to re negotiate your lease.  It is important – if not critical – therefore, that both sides fully consider the ATL in detail before signing such.  A few key considerations are as follows: Read more

Tenant Not Paying – What To Do?

Thursday, August 25, 2011

Unfortunately, many property owners face this predicament in the current economic climate. The notice requirements for cancellation of a Lease have changed significantly under the Property Law Act 2007.  Read more

Purchasing An Interest In A Retirement Village: What You Need To Know

Thursday, August 25, 2011

Purchasing an interest in a retirement village is not like purchasing a residential property. There is an ongoing relationship between the village operator and the resident which is governed by the terms and conditions set out in what is called an "Occupation Right Agreement".  Read more

International Alliance Of Law Firms

Thursday, August 25, 2011

McVeagh Fleming is a member of a global network of highly respected law firms called Ally Law (formerly the International Alliance of Law Firms. When our clients need legal assistance outside of our jurisdiction, we refer and work closely with other Ally Law firms to ensure that our clients receive the best legal advice and service possible. Ally Law has firms in most of the major financial centres of the world. If you would like to learn more about Ally Law please contact John Woolley or view the Ally Law website at  Read more

Going Into Business With Your Best Buddy?

Thursday, August 25, 2011

Why You Need a Shareholders' Agreement and Decent Company Constitution Read more

Dispelling Some Of The Myths About Property Division On Separation

Thursday, August 25, 2011

Most people who have been through a separation would agree that it is a difficult and stressful time. This can be exacerbated when there is confusion or misunderstanding about what property is classed as relationship property and what property is classed as separate property. The Property (Relationships) Act 1976 (“the Act”) provides a code for how property is to be divided on separation for couples who are married, in a civil union partnership or de facto/same sex relationship.  Read more

Recent Posts


Ilott v Mitson 2017 UKSC 17 Invalid wills SN v MN [2017] NZCA 289 Protection Order Tenants Charities Partner of resident Relationship Property Pattern of offending Vessel survey Re Estate of Campbell Testamentary writing Division of Functions Maritime Lien Trust Confidentiality Business Immigration Skilled migrant points Section 15 Temper Contract Law Civil union Charity Wilson v Donnellan Limitation period Principal Six years Companies Act 1993 KiwiSaver Maritime Law Body Corporate Case Study Directors' Duties Domestic violence Tamarapa v Byerley Family Trusts Fair share Commercial Law Gifting Interest Erceg v Erceg Trust busting Insurance Twelve years Physical abuse Protector Recovery of money Interpretation Act 1999 Section 29 Limitation Act 2010 Character requirements Violence Wills Act 2007 Section 11 Trustee Duties Family Protection Act 1955 Valid wills Vessel Sale and Purchase Privacy Act 1993 Trust Check Up Wills Act 2007 Section 8 Section 15A Section 182 Family Proceedings Act 1980 SMC Employment Testamentary capacity Residential Shareholders' Agreement Trusts Reckless Trading Sale of Goods Testamentary Promises Beneficiary Rights De facto Claims against estates Financial Markets Conduct Act 2013 (FMCA) Expression of interest Undue influence Clayton case Ministry Commercial Fair Trading Act 1986 Lease Titles Anti-money laundering (AML) Limitation Act 1950 Interpretation of documents Contract and Commercial Law Act 2017 Landlord White v White Trusts Bill Work and Income Wills Act 2007 Ship Registration Zero Hour Contracts Re Estate of Feron Personal Properties and Securities Act 1999 Domestic Violence Act 1995 Will Credit Contracts and Consumer Finance Act 2003 (CCCFA) Due Diligence Blackwell v Hollings Asset Protection Verbal abuse Offending Murrell v Hamilton Auckland Office Gifts Consumer credit contracts Property (Relationships) Act 1976 Subsidies Administrators duty Validity of Wills Mortgagor Hawkes Bay Trustee Company Limited v Judd Lump sum Financial services ''Best Endeavours'' Document Disclosure Legislation update Immigration New Zealand Lease Rest Home Subsidies WINZ Resident Visa Mortgagee Seperation Testamentary freedom Loss of income Vessel surveyor Albany Office Resident Terms of Trade Financial products Deceased's wishes Part payment Interpretation Act 1999 Compensation Unfair contract terms Break up Duress Creating Trusts Economic disadvantage Will that do Mortgage Lankow v Rose Financial Advisers Act 2008 Acknowledgment of Debt Visa application Ministry of Social Development Partnership based work visa Amundson v Raos Constructive trusts Property Limitation defence Acknowledgment Skilled migrant Commercial Property Wills Act 2007 Section 14 Ship Personal Ship's Mortgage Eviction Litigation Elder Law Health and Safety Reform Bill Executors duty Broadbent v Ministry of Social Development Psychological abuse Repayment Frustration Changes Wills Intellectual Property Estate Administration Grey Power Charity begins at home Income Company Law Financial services provider (FSP) Abuse Living standards Tenant Marriage