Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Family Trust Lawyer: Your family trust and the Independent Trustee. What is it and does it affect you?
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The Family Trust and the ‘Independent Trustee’

A trust exists to hold assets for a certain purpose. For an ‘ordinary’ family trust, commonly conceptualised as a ‘mum and dad’ trust, the ‘mum and dad’ settlors ordinarily transfer their main home to trustees to hold that property for the benefit of their immediate family group. In this scenario it is common for ‘mum and dad’ to be appointed as trustees. They are additionally named as discretionary beneficiaries to ensure they may benefit from the trust assets throughout their lifetimes as well.
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Auckland employment lawyer; practical guidance for employers during Covid-19. What you can and cannot do about work hours, leave, essential workers.
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Practical Guidance for Employers During Covid-19

The Covid-19 Lockdown is a unique situation that continues to change rapidly and this raises a number of questions and concerns for people, especially in the employment space. The situation surrounding Covid-19 requires flexibility from both employers and employees.
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Auckland employment lawyer; be careful about redundancy. It is a tricky area of law and you must seek legal advice before you take any action. Click here.
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Redundancy During Covid-19

In the wake of the Covid-19 lockdown, many employers are assessing options available to them to save their business and are contemplating cutting staff. This decision should not be taken lightly as the underlying requirements for proper termination of employment still apply.
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Auckland commercial lawyers; what financial support can you get for your company under Covid-19? The government has of packages to help. Contact us for help
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Financial Support for Employers During Covid-19

In response to the Covid-19 outbreak the Government has announced a $12.1 billion support package to support the economy. If you are an employer, contractor, sole-trader or self-employed, you may be eligible to apply for financial support.
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Auckland employment lawyer; Is your boss acting within the law about pay, hours, leave, redundancy? Find out employee work options in Covid-19
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Issues for Employees During the Covid-19 Lockdown

The Covid-19 level 4 alert lockdown is having a significant impact on the way people work during this time. Whilst the Government is providing assistance to businesses such as the wage subsidy to pad the landing for employers, there are numerous challenges facing employees in the coming weeks.
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Auckland lawyers; Courts are an essential service in Covid-19 so what will be heard and how can you attend court? This article explains.
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How are the Courts Operating During the Covid-19 Lockdown?

The Chief Justice of the Supreme Court, the Right Honourable Helen Winkelmann, has assured the legal profession and members of the public that the Courts will be operational during all Covid-19 alert levels, including lockdown during alert level 4: "Courts are an essential service. New Zealand courts must continue to uphold the rule of law and to ensure that fair trial rights, the right to natural justice and rights under the New Zealand Bill of Rights Act are upheld."
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Auckland contract lawyer; What are your contractual obligations or options under Covid-19? Do you have protection as supplier or buyer? Click here for help.
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Frustration, Force Majeure and Covid-19

The Covid-19 pandemic and the announcement of the Level 4 Covid-19 threat level in New Zealand has meant that many businesses may be forced to default on their commercial obligations, especially as non-essential businesses are told to close. However if their contracts contain a "force majeure" provision, this may provide them with a way out.
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Auckland construction contract lawyer; Is your business an essential service to keep working? As a supplier or contractor, there are guidelines to follow.
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Construction, Builders, NZS3910 Building Contracts and Covid-19

At a press release on 24 March 2020 at 1.00 pm a spokesperson for the Ministry of Business, Innovation and Employment (MBIE) said: "If you are in doubt whether you are an essential service, you're probably not".
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Auckland property lawyer; Commercial landlords and leaseholders in Covid-19. You may have you options about rent, we can give you advice on your situation.
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Leases in the Time of Covid-19

We have been fielding an unprecedented (but understandable) number of queries from both tenant and landlord clients wanting to understand the legal position in respect of either termination of commercial leases, and obligations in respect of rental/outgoings payments.
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Auckland personal affairs lawyer; Use Covid-19 lockdown to review or make a will, trust, pre-nup agreement, power of attorney. Don't put off these key tasks.
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Getting on top of your legal affairs – what you could do during the lockdown period

During this unprecedented and unsettling time, there is an opportunity here to take advantage of the phone calls and emails slowing down (for some) and use your time to address those things you have been putting off – a bit like that painting job most people have been meaning to get to.
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Auckland estate lawyer; It is not easy to make a valid will in Covid-19 but not impossible. If you get the basics in place, it can be validated later.
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Wills for the Lockdown

Can a Will be made from within the Covid-19 virus enforced bubble of self-isolation and social distancing? Extreme events call for extreme challenges and measures no more so than for making a Will right now when the testator is in isolation and no independent witnesses are in the room. Clearly an issue particularly for someone elderly or ill and delay is a concern.
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Auckland family lawyer; Living in a lockdown bubble can strain relationships. What can you do about care of child, separation, divorce? We can help.
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Is Self-Isolation Pushing you Together or Pulling you Apart?

Feeling stressed or anxious about how Covid-19 (coronavirus) and New Zealand entering alert level 4 with nationwide lockdowns will affect you and your family members? Times of crisis can result in a push-and-pull effect with our personal relationships. They bring people together – only those in your household! - but difficult times can also lead to difficulties arising in our relationships with our, quite literally, nearest and dearest.
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The Fair Pay Agreements Bill - What to Expect

The Fair Pay Agreements Bill - What to Expect

Written by:
Melissa Johnston
On 29 March 2022, Parliament introduced the Fair Pay Agreement Bill ("the Bill") coined to the "biggest shakeup to workplaces in generation coming from government". The Bill has recently passed its first reading. Despite this, a number of people have expressed their reservations with the newly proposed system such as National Party's Paul Goldsmith stating that the Bill may make New Zealand less internationally competitive and add pressure to already stressed businesses.
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Managing the Workplace in the Face of Covid-19

Managing the Workplace in the Face of Covid-19

Written by:
Melissa Johnston
New Zealand is now well and truly in the next stage of its strategy in responding to the Covid-19 global pandemic - learning to live with Covid-19, specifically the Omicron variant, in the community. This will see employers facing a number of new challenges, including the management of large numbers of absences in the workplace and coping with flexible working arrangements.
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The Proposed Income Insurance Scheme

The Proposed Income Insurance Scheme

Written by:
Melissa Johnston
Last week the New Zealand Government, supported by Business New Zealand and the Council of Trade Unions ("NZCTU"), released a proposal on an income insurance scheme ("the scheme") – one of its biggest reforms since the introduction of ACC in the 1970s. McVeagh Fleming's employment team have summarised the 'need to know' information.
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Amendments to the Fair Trading Act for Small Trade Contracts

Amendments to the Fair Trading Act for Small Trade Contracts

The Fair Trading Amendment Act 2021 - The Fair Trading Amendment Act 2021 ("Amendment Act") was enacted on 16 August 2021. It introduces changes to the Fair Trading Act 1986 ("Act"), some of which have come into effect and others which will come into effect on 16 August 2022.
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Capture and Commercialise - Commercial Exploitation of Intellectual Property Rights

Capture and Commercialise - Commercial Exploitation of Intellectual Property Rights

Written by:
Andrew Knight
Intellectual Property is an asset that has the potential to be more valuable to your business than tangible business assets and should be protected as much as possible. A famous trade mark or a market leading patent may be of far greater value to a company than its physical assets.
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The Privacy Act 2020 - Privacy Principle One

The Privacy Act 2020 - Privacy Principle One

Written by:
Andrew Knight
The Privacy Act 2020 ("new Act") came into force in 2020, replacing the Privacy Act 1993. The purpose of the new Act was to overhaul New Zealand's existing privacy of personal information regulatory framework and bring it into line with internationally recognised privacy obligations and standards. Section 22 of the new Act sets out 13 information privacy principles ("Privacy Principles"). In this article, we focus on new developments in relation to Privacy Principle 1 ("PP1"), which addresses the purpose of collection of personal information.
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Debt Recovery and Enforcement

Debt Recovery and Enforcement

Written by:
James Turner
This article serves to inform the procedural and legal methods and issues related to debt recovery.
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Bonuses and Holiday Pay Calculations

Bonuses and Holiday Pay Calculations

Written by:
Melissa Johnston
The Court of Appeal recently released a decision Metropolitan Glass & Glazing Limited v Labour Inspector Ministry of Business, Innovation and Employment [2021] NZCA 560 reversing an earlier ruling of the Employment Court regarding short-term incentive payments under the Holidays Act 2003.
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Has New Zealand Finally Been Ordered to Allow Freedom of Movement?

Has New Zealand Finally Been Ordered to Allow Freedom of Movement?

Written by:
John Burley
In response to the Covid-19 pandemic, the Government issued the Covid-19 Public Health Response (Isolation and Quarantine) Order 2020 ("IQ Order") in September 2020. Most kiwis are well aware of the IQ Order, and understood it to mean that if we leave New Zealand, we will be required to self-isolate at a managed isolation facility for 14 days upon our return (until the announcement last week confirming a shortening of the managed isolation period for residents returning to NZ after 14 November 2021).
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Proposed Changes to the Property Law Act 2007 - Mandatory Rent Reduction For All Commercial Leases During Lockdown

Proposed Changes to the Property Law Act 2007 - Mandatory Rent Reduction For All Commercial Leases During Lockdown

Written by:
Ross Bedford
The Government has moved very fast to make significant changes to the law around commercial leases. The proposed changes would allow all commercial tenants, including business owners of all sizes, whether or not they have suffered material financial losses, a rent reduction for the period of 'no access' to their premises as a result of the current Covid-19 lockdown.
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