Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Commercial rent reductions may be possible due to Covid. If you have no access to your premises, changes in property law and leases may allow for this. Ask us.
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Proposed Changes to the Property Law Act 2007 - Mandatory Rent Reduction For All Commercial Leases During Lockdown

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.
READ MORE
Start-ups or existing firms can use Fintech. For software, apps, programs, banking, business models, click and collect, etc. Six key Acts and law to understand
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Creating a FinTech Business? Here Are Some Issues to Look Out For

Technological innovation in the financial services sphere has enabled financial institutions to adopt and use Financial Technology ("FinTech") to improve or allow for more effective or efficient provision of financial services. FinTech often involves innovation - new business models, applications, processes, and products or new ways of delivering those products. It includes computer programs, apps and other technology used to support or enable banking and financial services. FinTech businesses cater for a wide range of consumer needs; including online banking, obtaining financial advice, personalised investment portfolios, cash transfers, and share trading platforms. Successful FinTech businesses such as PayPal and AfterPay have become household names.
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Lenders must make sure of the Suitability and Affordability to borrowers in new credit contracts. The new regulations are complex. We can help SME lenders.
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Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

On 1 October 2021, the long anticipated Credit Contracts and Consumer Finance (Lender Inquiries into Suitability and Affordability) Amendment Regulations 2020 ("Regulations") came into effect after being passed into law by the Government in November last year. The changes are well-intentioned, with the purpose being to tackle high-cost consumer loans and minimise borrower hardship that had been well documented in recent Ministry of Business, Innovation and Employment inquiries into mobile trading. However, like all regulation, there is a trade-off, and these highly prescribed regulations place a significant compliance burden on responsible lenders, particularly small and medium enterprises.
READ MORE
Do your building contracts cover you for Covid implications and effects for Principals, Engineers, and Contractors? See an Auckland construction dispute lawyer
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NZS3910:2013 Covid-19 Conditions

The Principal, the Contractor and the Engineer had to navigate through the general and specific conditions of their NZS3910:2013 contracts in regards to variations, extensions of time and payment claims for the Covid-19 lockdown period.
READ MORE
Travelling for shared childcare has a range of rules and conditions. Check with an Auckland or a Manukau family lawyer to avoid disappointment
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Travel From Level 3 to Level 2 for Shared Care as of 11.59 pm 28 September 2021

At 3.00 pm on 28 September 2021, the Government announced changes to travel during the current Alert Level 3. Travel across the border from Level 3 into Level 2 has been strictly limited, but the new rules that take effect at 11:59 pm tonight (28 September 2021) now permit travel across the border if one or more of the following situations applies to you:
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Separation is always hard but under lockdown, it is more difficult being in the same house. Talk to an Auckland or Manukau family lawyer for help
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What are my Options if I Wish to Separate From my Partner During Alert Level 4 Lockdown?

The combination of isolating within one bubble along with additional financial stress, changes to childcare and working from home can bring personal relationships closer or unfortunately, push them apart. Breakdowns in personal relationships can add an additional layer of stress to an already difficult situation. However, it is important to remember that help is available.
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For childcare, domestic violence, separation, relationship property, adoption, IVF and family matters, under Covid talk to an Auckland or Manukau family lawyer
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How to Deal With Family, Safety and Personal Matters During Uncertain Times - What we can do to Help

The Covid-19 Delta Variant Lockdown has created uncertainty and anxiety for many and has significantly impacted family dynamics, particularly in Auckland where Alert Level 4 is still ongoing. It is important to remember that help is available and at McVeagh Fleming, we are working remotely to provide you with an array of family law services. Our team have a range of experience and can provide pragmatic advice, tailored to your personal situation.
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When you sell a house with chattels, what is your liability for the working life and use of those items? An Auckland or Manukau property lawyer can advise
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Are You Sure You Want To Give That Warranty?

When you are selling a property it is common to list the 'Chattels' which you are to be selling with the building. Chattels are items which are able to be removed from a property without too much effort, and which were never intended to permanently form part of the structure. Common examples are an oven, paintings or a fridge. Occasionally they can be large eg a spa pool or garden shed. If it can fit on a truck, it may well be a chattel.
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Cashflow for building projects is a problem in Covid. Find out your options for being paid quickly to receive your cash. Auckland construction disputes lawyer
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Recovering Money During Lockdown in the Construction Industry

Many in the construction industry will be feeling frustrated at the latest lockdown slowing down projects and progress. Fortunately, not everything has to be put on pause. The Construction Contracts Act 2002 ("CCA") provides ways to recover money during lockdown.
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Childcare between separated parents is hard. In lockdown harder still. See your options for managing child access in Covid Auckland or Manukau family lawyer
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Facilitating Day-to-Day Care and Contact Through the Covid-19 Delta Variant Lockdown

Due to the recent presence of the highly contagious Covid-19 Delta variant within communities throughout New Zealand, the country has been placed into an Alert Level 4 Lockdown. The stringent lockdown restrictions may have implications for parents who have shared care arrangements, Parenting Orders, or who are involved in Family Court proceedings. This can create an added level of stress and anxiety as parents try to navigate both lockdown rules and day-to-day care of their children.
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After some big construction company failures, new rules for retention money for subcontractors. Directors may get penalties so check if you are compliant.
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The Construction Contracts (Retention Money) Amendment Bill - Open for Public Submission

The Government is once again looking to impose further statutory controls over how contractors are to handle and protect retention moneys owed to its sub-contractors - this time with civil monetary penalties facing the construction companies and their directors for non-compliance.
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To dismiss an employee, you must have good records and the correct method. Rocket Lab paid $97,000 for the wrong process. Auckland employment lawyer 377 9966
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Rocket Lab Ordered to Pay $97,000.00 to an Employee

This week the Employment Relations Authority ordered Rocket Lab Limited ("Rocket Lab") to pay $97,000.00 to an employee for an unjustified dismissal. Mr Owen was employed by Rocket Lab in January 2018 as a Vehicle Test Manager. Rocket Lab did not give Mr Owen an induction, he was essentially expected to 'get on with it'.
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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.
Read more
Creating a FinTech Business? Here Are Some Issues to Look Out For

Creating a FinTech Business? Here Are Some Issues to Look Out For

Written by:
Andrew Knight
Technological innovation in the financial services sphere has enabled financial institutions to adopt and use Financial Technology ("FinTech") to improve or allow for more effective or efficient provision of financial services. FinTech often involves innovation - new business models, applications, processes, and products or new ways of delivering those products. It includes computer programs, apps and other technology used to support or enable banking and financial services. FinTech businesses cater for a wide range of consumer needs; including online banking, obtaining financial advice, personalised investment portfolios, cash transfers, and share trading platforms. Successful FinTech businesses such as PayPal and AfterPay have become household names.
Read more
Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

Written by:
Andrew Knight
On 1 October 2021, the long anticipated Credit Contracts and Consumer Finance (Lender Inquiries into Suitability and Affordability) Amendment Regulations 2020 ("Regulations") came into effect after being passed into law by the Government in November last year. The changes are well-intentioned, with the purpose being to tackle high-cost consumer loans and minimise borrower hardship that had been well documented in recent Ministry of Business, Innovation and Employment inquiries into mobile trading. However, like all regulation, there is a trade-off, and these highly prescribed regulations place a significant compliance burden on responsible lenders, particularly small and medium enterprises.
Read more
NZS3910:2013 Covid-19 Conditions

NZS3910:2013 Covid-19 Conditions

Written by:
James Turner
The Principal, the Contractor and the Engineer had to navigate through the general and specific conditions of their NZS3910:2013 contracts in regards to variations, extensions of time and payment claims for the Covid-19 lockdown period.
Read more