Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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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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Auckland relationship mediation lawyer; We have a court appointed lawyer to help with family disputes in the difficult Covid-19 lockdown. Click here for details
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Family Mediation Services Continue to be Available During Level 4 Alert

Amidst the Covid-19 lockdowns initiated by Prime Minister Jacinda Ardern on Monday 23 March 2020, many Kiwis are feeling stressed and uncertain about their current situation. When issues arise, especially at an unprecedented time like this, it’s often best to talk them out and work together to find positive solutions. If parenting, child welfare and other family issues arise that you need to discuss, we are here to assist.
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Auckland lawyers; In lockdown you may be able to get free legal advice on family, child care, Parenting Orders and related matters. Click here for help.
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Free Online Family Legal Advice Service During Covid-19

Stocking up on food items, school, restaurant, cinema and non-essential business closures, and plenty of hand-sanitising. The Covid-19 (coronavirus) pandemic and the Government’s measures to flatten the curve are affecting our behaviour, and our relationships. Staying at home with our families during this period of nationwide self-isolation can cause issues to arise.
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Auckland family trust lawyers; The new Trust Act will affect Trustees and their responsibilities. What does it mean for you? Find out here.
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The New Trusts Act and How it Will Affect You as a Trustee

As you may be aware, the Trusts Act ("Act") has received Royal Assent and will come into effect on 30 January 2021. Amongst other things the Act codifies the duties of trustees and requires greater transparency with beneficiaries. It will affect your current trust arrangements. You should consider reviewing, updating and making structural changes to your Trust if necessary, in order to future proof your Trust. The following is a summary of the key changes and how they may affect you.
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Unfair Contract Terms
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Unfair Contract Terms

A recent decision in the High Court of New Zealand has provided the first instance of the Courts using the Fair Trading Act 1986 ("FTA") to declare specific terms in a standard form consumer contract unfair, and therefore unenforceable. The decision in Commerce Commission v Home Direct Limited1 was made pursuant to sections in the FTA which were introduced in 2013 and give the Commerce Commission power to apply to the District Court or High Court for a declaration that a term in a standard form consumer contract is unfair.
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Ministry of Business, Innovation and Employment Discussion Document - Better Protections for Contractors

The Ministry of Business, Innovation and Employment (MBIE) has released a discussion document late last year, inviting public consultation on an important subject affecting a large sector of New Zealand's working public: self-employed 'independent contractors', and companies and people who engage the services of such independent contractors, not just in the course of business, but even in some cases individual consumers utilising those services, for example ordinary member of the public using a 'ride sharing' platform. The deadline for members of the public to provide their feedback to MBIE expires at 5.00 pm on 14 February 2020.
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Partnership Lawyer, Impact Of New Act On Businesses. How does the new Act affect your business? Call 377 9966 for a no-obligation chat.
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Enactment of Partnership Law Act 2019

The Partnership Law Bill was introduced to Parliament in May 2019 as a revision bill, subject to the revision powers set out in s 31 of the Legislation Act 2012. Therefore the 2019 Act does not make any substantive policy changes. Nevertheless, re-enactment of the 111 years old Partnership Act 1908 in contemporary language, style and format is intended to make the law more accessible, clarify Parliament's intent, and reconcile inconsistencies within the old Act.
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New Real Estate Agents Disciplinary Tribunal, Auckland Dispute Lawyer. How does the new Act affect you? Call 377 9966 for a no-obligation chat.
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Update on recent amendments of the Real Estate Agents Act 2008 and recent decision of the Real Estate Agents Disciplinary Tribunal

Real estate agents or salespersons seeking to challenge a Complaints Assessments Committee's finding of unsatisfactory conduct need now to be aware of a shortened appeal period.
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Changes to Protection Orders From 1 July 2019
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Changes to Protection Orders From 1 July 2019

From 1 July 2019, changes are being made to all Protection Orders, including those made before this date. The Family Violence Act 2018 repeals and replaces the Domestic Violence Act 1995 and modifies the Care of Children Act 2004 as part of ongoing efforts to tackle domestic violence issues in New Zealand with the aim of providing faster, more effective protection for protected persons and increasing accountability and compliance by respondents.
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'Insuring' Your Relationship Property
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'Insuring' Your Relationship Property

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.
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Auckland Commercial, Insolvency Lawyer. Directors held liable for wreckless trading and received very heavy fines. Call 377 9966 for a no-obligation chat.
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Mainzeal: Reckless Trading

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

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").
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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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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.
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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.
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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.
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Travel From Level 3 to Level 2 for Shared Care as of 11.59 pm 28 September 2021

Travel From Level 3 to Level 2 for Shared Care as of 11.59 pm 28 September 2021

Written by:
Alissa Bell
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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What are my Options if I Wish to Separate From my Partner During Alert Level 4 Lockdown?

What are my Options if I Wish to Separate From my Partner During Alert Level 4 Lockdown?

Written by:
Alissa Bell
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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How to Deal With Family, Safety and Personal Matters During Uncertain Times - What we can do to Help

How to Deal With Family, Safety and Personal Matters During Uncertain Times - What we can do to Help

Written by:
Alissa Bell
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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Are You Sure You Want To Give That Warranty?

Are You Sure You Want To Give That Warranty?

Written by:
Hamish Coupe
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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Recovering Money During Lockdown in the Construction Industry

Recovering Money During Lockdown in the Construction Industry

Written by:
Craig Andrews
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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Facilitating Day-to-Day Care and Contact Through the Covid-19 Delta Variant Lockdown

Facilitating Day-to-Day Care and Contact Through the Covid-19 Delta Variant Lockdown

Written by:
Alissa Bell
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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