'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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Unfair contract terms Mainzeal Financial services Section 15 Fair share EU Privacy Authority De facto Expression of interest Ilott v Mitson 2017 UKSC 17 Domestic Violence - Victims' Protection Act 2018 Wills Act 2007 Section 11 Limitation Act 1950 Six years Verbal abuse Interpretation of documents Vessel survey Murrell v Hamilton Section 182 Family Proceedings Act 1980 Business Body Corporate Financial Advisers Act 2008 Vessel surveyor Domestic violence Residential Casual employee Family Trusts Data Breach Wilson v Donnellan Due Diligence Personal Properties and Securities Act 1999 Re Estate of Campbell Section 21 Agreements ''Best Endeavours'' Recovery of money Interpretation Act 1999 Section 29 Acknowledgment of Debt Property (Relationships) Act 1976 Directors' Duties Trusts Bill Consumer Protection Data Privacy Law Zero Hour Contracts Limitation period Beneficiary Rights Violence Financial services provider (FSP) Claims against estates Protection Order Employment Relations Act 2000 Insolvency Break up GDPR Compliance General Data Protection Regulation (GDPR) Furniture Order Customary Authority Commercial Validity of Wills Constructive trusts KiwiSaver Broadbent v Ministry of Social Development WINZ Immigration New Zealand Compensation Holidays Act 2003 Commercial Law Income Ship Registration Property Medical Interest Asset Protection Blackwell v Hollings Domestic Violence Leave Commercialisation of IP Erceg v Erceg Harrassment Testamentary Promises Entrepreneurs Ship Maritime Lien Sharing Limitation Act 2010 Division of Functions Family Protection Act 1955 Visa application Family Eviction Trust busting Lankow v Rose Valid wills Splitting Up Termination Litigation Acknowledgment Consent from Data Subjects Wills Act 2007 Section 14 Employment Mortgagor Relationship Property Tamarapa v Byerley Frustration Immigration Lump sum Insurance Twelve years IP Protection Law Reform (Testamentary Promises) Act 1949 Contract Law Companies Act 1993 Deceased's wishes Ministry Skilled migrant Intellectual Property Administrators duty Legislation update Ship's Mortgage SMC Clayton case Will that do Data Protection Officer Rest Home Subsidies Partnership based work visa Section 21 PRA Family Home Lease Titles Privacy Policy Employer Repayment Marriage Contracting Out Agreements SN v MN [2017] NZCA 289 Auckland Office Economic disadvantage Commercial Property Changes Section 15A Protector Consumer Guarantees Act 1993 Charity Albany Office Business Strategy Temporary Order Unequal Sharing Document Disclosure Technology Professional Services Promise Data Subject Reckless Trading Family Court Loss of income Fair Trading Act 1986 Flexible Working Arrangements Mortgage Trustee Duties Contract and Commercial Law Act 2017 Will Separate Property Case Study Data Subjects in the EU 50/50 Split Indoor Management Rule Landlord Wills Act 2007 Section 8 Charity begins at home Incapacity Employee Rights Testamentary freedom Work and Income Tenant Wills Act 2007 Solvency Test Maritime Law Personal Trusts Dividing Property Personal Data Financial Markets Conduct Act 2013 (FMCA) Financial products Offending Shareholders' Agreement Psychological abuse Duress Resident Visa Commerce Commission Hawkes Bay Trustee Company Limited v Judd White v White Lease Resident Anti-money laundering (AML) Divorce Privacy Act 1993 Vessel Sale and Purchase Partner of resident Trust Check Up Holiday pay Occupation Order Terms of Trade Principal Pattern of offending Trust Confidentiality Mortgagee Estate Administration Processing Personal Data Amundson v Raos Consumer credit contracts Testamentary capacity Character requirements Skilled migrant points PRA Executors duty Undue influence Sale of Goods Intimidation Re Estate of Feron Testamentary writing Limitation defence Temper Credit Contracts and Consumer Finance Act 2003 (CCCFA) Matrimonial Home Non-Violence Employee Company Law Employer obligations Elder Law Grey Power Physical abuse Interpretation Act 1999 Living standards Company Structuring Domestic Violence Act 1995 Subsidies Gifting Stopping violence Part payment Invalid wills Tenants Seperation Wills Ministry of Social Development Financial Abuse Charities Creating Trusts Abuse Health and Safety Reform Bill Dismissal Civil union Start Up Company Gifts