Articles

Employment Relations Amendment Act 2018

Thursday, December 13, 2018

  Read more

The Trusts Bill - Upcoming Key Changes to New Zealand Trust Law

Friday, November 30, 2018

  Read more

How Much is a Promise Worth? What You Need to Know About the Law Reform (Testamentary Promises) Act 1949

Monday, October 29, 2018

The situation seems simple.  A promise is made (by the "promisor") to someone (the "promisee"), that they will be rewarded in the promisor's Will for work or services carried out. Time passes, and the (now deceased) promisor has failed to follow through on their promise, leaving no such reward (or less than what was promised) in their Will.  The promisee can then claim against the deceased's estate for the remuneration that was promised to them.  Such claim is made under the Law Reform (Testamentary Promises) Act 1949. Read more

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

Recent Posts


Tags

Immigration Shareholders' Agreement Resident Vessel surveyor Constructive trusts Terms of Trade Hawkes Bay Trustee Company Limited v Judd Financial services provider (FSP) Six years Gifting Limitation Act 1950 Seperation Limitation defence Testamentary Promises Wills Act 2007 Section 11 Valid wills Income Protector Mortgage Consumer credit contracts Elder Law Part payment Mortgagee Family Court Ship Registration Matrimonial Home Violence Validity of Wills Estate Administration Amundson v Raos SN v MN [2017] NZCA 289 Domestic Violence Act 1995 Economic disadvantage Legislation update Company Law Business Pattern of offending Wilson v Donnellan Zero Hour Contracts Splitting Up Financial Markets Conduct Act 2013 (FMCA) Duress Clayton case Document Disclosure Wills Administrators duty Contract and Commercial Law Act 2017 Grey Power 50/50 Split Employer Residential Sharing Acknowledgment Indoor Management Rule Promise Trusts Bill Case Study Ship Commercial Repayment Section 15A Wills Act 2007 Section 14 Recovery of money Claims against estates Financial Advisers Act 2008 Ilott v Mitson 2017 UKSC 17 Rest Home Subsidies Termination Testamentary freedom Subsidies Skilled migrant points Re Estate of Campbell Relationship Property Offending Property ''Best Endeavours'' Maritime Law Tenants Loss of income Civil union Charity Temper Family Home Executors duty Asset Protection Property (Relationships) Act 1976 Interpretation of documents Skilled migrant Wills Act 2007 Section 8 Trusts Living standards Expression of interest Principal Interpretation Act 1999 Section 29 Partnership based work visa Incapacity Unfair contract terms Mortgagor Changes Work and Income Family Protection Act 1955 Psychological abuse Acknowledgment of Debt Litigation Wills Act 2007 Personal Properties and Securities Act 1999 Auckland Office Lump sum Due Diligence Erceg v Erceg Physical abuse Anti-money laundering (AML) Interpretation Act 1999 Deceased's wishes Sale of Goods Unequal Sharing Ship's Mortgage WINZ Fair share Character requirements Gifts Section 15 Dismissal Health and Safety Reform Bill Personal Testamentary capacity Body Corporate White v White Murrell v Hamilton Break up Compensation Lankow v Rose Reckless Trading Vessel survey Maritime Lien Charities Interest Protection Order Broadbent v Ministry of Social Development Family Trusts Holiday pay Customary Authority Trust Confidentiality Section 182 Family Proceedings Act 1980 Immigration New Zealand KiwiSaver Credit Contracts and Consumer Finance Act 2003 (CCCFA) Commercial Law Creating Trusts Twelve years Will Medical Casual employee Albany Office Tamarapa v Byerley Vessel Sale and Purchase Lease Limitation Act 2010 Trust Check Up Resident Visa Dividing Property Insurance Financial products Eviction Companies Act 1993 Division of Functions Lease Titles De facto Ministry of Social Development Financial services Employment Visa application Marriage Invalid wills Charity begins at home Directors' Duties Abuse Limitation period Trustee Duties Divorce Landlord Will that do Contract Law Re Estate of Feron Domestic violence Frustration Blackwell v Hollings Ministry Law Reform (Testamentary Promises) Act 1949 Beneficiary Rights Privacy Act 1993 Testamentary writing Intellectual Property Commercial Property Fair Trading Act 1986 Undue influence Separate Property SMC Family Trust busting Verbal abuse Partner of resident Tenant

Archive