Are You Getting it Right With Your Casual Employees? The Distinction Between Casual and Part-Time Employees in Practice and the Pitfalls Employers can Face When They Get it Wrong!

Friday, September 21, 2018

Casual employees are commonplace in many businesses and a useful resource that allows flexibility in meeting employers' needs.  However, too many employers fail to recognise the difference between casual and permanent full and part-time employees, including the key differences in employment rights, responsibilities and entitlements.  It is important that employers understand the distinction to avoid unwanted consequences. Read more

The Anti-Money Laundering and Countering Financing Act 2009 (AML/CFT Act) - It is Serious - Get Specialist Legal Advice!

Wednesday, September 12, 2018

The AML/CFT Act was extended to lawyers and conveyancers on 1 July 2018.  It will be extended to accountants on 1 October 2018 and will be further extended to Real Estate Agents on 1 January 2019. We also consider many financial service providers (including in some cases of businesses offering credit contracts) may be unaware that they are required to comply with the AML/CFT Act or may not be meeting the standards required.  Read more

Companies Act 1993 - ''Indoor Management''

Friday, September 07, 2018

A recent Court of Appeal decision (Autumn Tree1) makes it clear that where a company enters a contract and only one director signs it:  Read more

Important Update in Respect of PPSR Registration

Friday, September 07, 2018

The Personal Property Securities Amendment Regulations 2018 will come into force on 1 October 2018 and make a number of technical amendments to the Personal property Securities Regulations 2001. Read more

When is Your House the "Family Home"? / Will my House be Split 50/50?

Monday, September 03, 2018

A special status is given to the "family home" in relationship property disputes under the relevant legislation, the Property (Relationships) Act 1976 ("the Act").  Read more

Sustained Absence From Work and Medical Incapacity in Employment: When Can an Employer "Fairly Cry Halt"?

Friday, June 15, 2018

It is a fairly familiar situation: an employee sustains an illness, or suffers an injury – probably due to no fault of their own or their employer - and is unable to work for a long period of time. Uncertainty may arise about when he or she can return to work, if ever.  Repeated visits to a doctor or specialist, frustratingly for both the employee and the employer, fail to provide a definite prognosis about when the employee will be fit to return to work or, indeed, whether they will ever be able to do so.  Meanwhile the employee may be receiving no income, or less than their full former salary or wage while receiving an ACC benefit.  The employer is also left in the difficult and uncertain position of not being able to hire a permanent replacement employee but needing to reassign the absent employee's tasks to others, or make do with a potentially more expensive temporary employee. Read more

Essential Skills Work Visa

Thursday, June 14, 2018

Putting aside the fancy name, the Essential Skills Work Visa is basically New Zealand's General Work Visa.  Read more

Employment - 90 Day Trial Periods - Set to be Abolished?

Wednesday, June 13, 2018

One of the notable law reforms which was touted in Labour's election campaign has been unveiled in the Employment Relations Amendment Bill 2018 ("Bill") - the restriction on the use of the 90 day trial period. Read more

What Happens When a Commercial Tenant Outgrows Their Space?

Tuesday, March 20, 2018

An Introduction to Negotiating a Surrender or Assignment of Lease  Read more

Boat Purchase 101 - Legal Due Diligence

Friday, March 09, 2018

In the third article in this series we focus briefly on the second limb of due diligence that should be considered when purchasing a vessel namely, legal due diligence. Read more

Recent Posts


Executors duty Creating Trusts Lankow v Rose Changes Six years Medical Duress Health and Safety Reform Bill Blackwell v Hollings Credit Contracts and Consumer Finance Act 2003 (CCCFA) 50/50 Split Marriage Gifts Vessel Sale and Purchase Trust Confidentiality Validity of Wills Wills Act 2007 Section 8 Family Asset Protection Domestic violence Testamentary capacity Lease Frustration Resident Expression of interest Directors' Duties Body Corporate Charity begins at home Terms of Trade Violence Family Protection Act 1955 SMC Contract Law Character requirements Trust Check Up Wills Act 2007 Break up Testamentary writing Visa application KiwiSaver Psychological abuse Skilled migrant points Mortgagor Seperation Trusts Bill Erceg v Erceg Principal Wills Business Work and Income Pattern of offending Residential Vessel survey Gifting Tenant Albany Office Indoor Management Rule Partner of resident Section 15A Property Murrell v Hamilton Limitation defence Ministry Maritime Law Litigation Elder Law Mortgage Wills Act 2007 Section 14 Compensation Estate Administration Ship Sale of Goods Broadbent v Ministry of Social Development Companies Act 1993 Temper Limitation Act 2010 Income Administrators duty White v White Acknowledgment of Debt Lease Titles Testamentary freedom Wills Act 2007 Section 11 Will that do Re Estate of Campbell Fair share Contract and Commercial Law Act 2017 Splitting Up Commercial Limitation period Valid wills Section 182 Family Proceedings Act 1980 Document Disclosure Legislation update Re Estate of Feron Claims against estates Ilott v Mitson 2017 UKSC 17 Family Trusts Interpretation Act 1999 Section 29 Zero Hour Contracts Living standards Unfair contract terms Separate Property Reckless Trading Trusts Civil union Privacy Act 1993 Protector Domestic Violence Act 1995 Section 15 Customary Authority Fair Trading Act 1986 Dismissal Shareholders' Agreement Resident Visa Undue influence Wilson v Donnellan Commercial Property Acknowledgment Constructive trusts Due Diligence Immigration New Zealand ''Best Endeavours'' Landlord Verbal abuse Rest Home Subsidies Physical abuse Repayment Part payment Anti-money laundering (AML) Commercial Law Hawkes Bay Trustee Company Limited v Judd Recovery of money Family Court Ministry of Social Development Tenants Property (Relationships) Act 1976 Vessel surveyor Will Financial products Mortgagee Interpretation of documents Financial services provider (FSP) Case Study Incapacity Abuse Holiday pay Maritime Lien Interest Beneficiary Rights Financial services Immigration Invalid wills Family Home Insurance Sharing Testamentary Promises Company Law Charities Financial Markets Conduct Act 2013 (FMCA) Matrimonial Home Loss of income Intellectual Property Termination Charity De facto Casual employee Personal Properties and Securities Act 1999 Divorce Economic disadvantage Clayton case Limitation Act 1950 Employer Amundson v Raos Deceased's wishes Trust busting Partnership based work visa SN v MN [2017] NZCA 289 Personal Employment Relationship Property Eviction Grey Power WINZ Tamarapa v Byerley Ship Registration Dividing Property Financial Advisers Act 2008 Protection Order Ship's Mortgage Lump sum Skilled migrant Auckland Office Offending Consumer credit contracts Subsidies Interpretation Act 1999 Unequal Sharing Trustee Duties Division of Functions Twelve years