Articles

'Insuring' Your Relationship Property

Friday, June 07, 2019

Section 21 of the Property (Relationships) Act 1976 ("the Act") allows for parties to essentially 'contract out' of the Act and determine how the relationship property would be divided on the off-chance that you and your partner separate. Read more

Mainzeal: Reckless Trading

Tuesday, May 14, 2019

In Mainzeal1 the former directors were held liable for a breach of section 135 of the Act. Richard Yan, (who was the founder and main shareholder of Mainzeal's parent company, Richina Pacific) was ordered to pay compensation of $36M.  Each of the other directors (Shipley, Tilby and Gomm) were held liable to contribute $6M each towards that $36M.  Read more

Financial Advisers Must Comply With new Code of Professional Conduct From mid-2020

Friday, May 10, 2019

The Minister of Commerce and Consumer Affairs has released the content of a new Code of Professional Conduct for Financial Advice Services that should come into effect in mid-2020.  The Code will require those persons who provide regulated financial advice to retail clients to meet certain standards of professional conduct, and will follow the commencement of the Financial Services Legislation Amendment Act 2019 ("FSLA").  Read more

Heavy Fines Given to Retailers for Misleading Consumers

Friday, May 10, 2019

Recent decisions of the District Court highlight the need for businesses to adhere to the Fair Trading Act 1986 ("FTA") and not mislead their customers, particularly if their customers are 'consumers' under the Consumer Guarantees Act 1993 ("CGA").  Both decisions involved prosecutions by the Commerce Commission against high profile retailers and resulted in substantial fines being awarded against these retailers. Read more

GDPR Compliance for New Zealand Businesses

Tuesday, April 30, 2019

The General Data Protection Regulation (GDPR) came into force on 25 May 2018.  Even though this is a European Union regulation, it potentially has significant implications for New Zealand businesses.  Technology has enabled New Zealand businesses to operate on a truly global scale and businesses collect, process and use data from all corners of the world.

The key purpose of the GDPR is a codification for the protection of individual's personal data and the movement of personal data within the EU.  The GDPR goes beyond New Zealand's Privacy Act 1993 (Privacy Act), thereby containing stricter requirements in a number of areas.  The "long arm" of the GDPR may now reach many New Zealand businesses.

Does the GDPR Apply to Your Business?  Read more

If Technology is Your Business, Protect It

Monday, April 15, 2019

Many modern businesses consist primarily of technology in the form of intellectual property.  Although they may own physical assets and employ staff (though they are more likely to be engaged as contractors) the real value in the business sits almost wholly in the intellectual property developed. Read more

From 6 May 2019 Infringement Offence For Employers Not to Have Individual Employment Agreements Recorded in Writing

Friday, April 12, 2019

From 6 May 2019 employers who have failed to record their individual employment agreements in writing will be liable for an infringement offence under the Employment Relations (Infringement Offences) Regulations 2019. Read more

Do I Still Need my Family Trust?

Friday, March 15, 2019

This is the most common question I get asked when I meet clients to discuss their family trust ("Trust").  Often it's because the clients are older now, no longer engaged in "risky" business, their kids have grown up and left home, and/or their Trust no longer has the relevance or perceived importance it used to have.  All fair points!  In addition, the old residential care subsidy loopholes have been (effectively) closed meaning Trusts can't be used to get around Government means testing.  The administrative costs of managing a Trust have increased over time, and it can be difficult to find the "right" person to be your independent trustee.  It does make you scratch your head and wonder … Read more

Domestic Violence - Victims' Protection Act 2018 - Rights and Obligations

Friday, March 01, 2019

The Domestic Violence - Victims' Protection Act will come into effect on 1 April 2019.  The legislation aims to enhance legal protections in the workplace for people affected by domestic violence by helping victims to stay employed and addressing discrimination stemming from domestic violence in the workplace. The Act brings a normally private matter into the working domain.  Read more

Applying for a Protection Order

Monday, January 21, 2019

When you apply for a Protection Order you are applying to be protected from violence and harm caused by another person to you.  To qualify you must be or have been in a domestic relationship with the violent person ("the respondent"): ie have been in a close and personal relationship, are the parents of, related to through blood or marriage, etc. 
 Read more

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