Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Employment Lawyer. Now that 90-day trial periods have changed, what now? Call 377 9966 for a no-obligation chat.
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Employment - 90 Day Trial Periods - Set to be Abolished?

One of the notable law reforms which was touted in Labour's election campaign has been unveiled in the Employment Relations Amendment Bill 2018 ("Bill") - the restriction on the use of the 90 day trial period.
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Auckland Maritime Lawyer. Boat Purchase 101 Part 3. Carry out legal due diligence. Call 377 9966 for a no-obligation chat.
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Boat Purchase 101 - Legal Due Diligence

In the third article in this series we focus briefly on the second limb of due diligence that should be considered when purchasing a vessel namely, legal due diligence.
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Auckland Maritime Lawyer. Buying a Boat 101 Part 2. Do technical due diligence before you committing to your dream boat. Call 377 9966 for a no-obligation chat.
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Boat Purchase 101 - Technical Due Diligence

Buying a boat (or any major asset for that matter) without undertaking due diligence is exactly like reality shows where the participants either get married or go on blind dates with someone they have never met before. Sometimes things pan out and we are stoked for them, but more often than not we sit glued to the television waiting for the inevitable train-wreck to unfold.
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Auckland Commercial Lawyer. Do you know your obligations as a Company Director? Call 377 9966 for a no-obligation chat.
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Section 131: Duty of Directors to Act in Good Faith and in Best Interests of Company

In accordance with Section 131 of the Companies Act 1993 ("Act"), directors have a duty to act in good faith and in what they genuinely believe to be the best interests of the company. While it may be expected that directors should always behave in such a manner, and not place their personal interests ahead of the company's, various judgments have explored the extent of this duty and provided more information about the considerations director should take account of when exercising their powers.
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Auckland Debt Recovery Lawyer. Reduced time limit to make mortgagee claims. Act now if you have a claim to make. Call 377 9966 for a no-obligation chat.
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Reduced Limitation Periods Have Significant Consequences for Mortgagees

Previously, under the Limitation Act 1950 ("the 1950 Act") claims to recover money owing under a deed or mortgage, had to be brought within twelve years of the money falling due for repayment. However under the Limitation Act 2010 ("the 2010 Act"), this has been reduced to a limitation period of six years.
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Auckland Domestic Violence Lawyer. A new ruling gives victims new confidence for personal or child violence. Call 377 9966 for a chat.
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Domestic Violence Case Law Update:

The Court of Appeal has handed down a significant decision that will encourage confidence for victims of domestic violence, who apply to the Family Court for a protection order.
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Auckland Commercial Lawyer. What is the difference between "Best" or "All Reasonable" Endeavours relating to your contracts? Call 377 9966 for a chat
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''Best Endeavours'' or ''All Reasonable Endeavours''

Often in commercial contracts, parties agree that they will use their "best endeavours", their "reasonable endeavours" or their "all reasonable endeavours" to perform certain actions or to achieve a certain outcome. But what do these terms mean in reality? While there are no set definitions and much is dependent on the particular circumstances, we are able to make some practical comments about the requirements of each of these terms so you have a clear idea of what you are agreeing to.
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Auckland Notary Public, Overseas Verification & Witnessing. Call 377 9966 for a no-obligation chat.
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Need a Notary Public?

Ross Bedford (Partner) and Tony Coupe (Consultant) are Notaries Public and both are available, on appointment, to provide notary services.
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Auckland Family Lawyer. What are your rights for Residential Care Subsidy? Call 377 9966 for a no-obligation chat.
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Residential-Care Subsidy Update - Eligibility Improved

The High Court, in Broadbent v The Chief Executive of the Ministry of Social Development [2017] NZHC 1499 (a test case), has told the Ministry of Social Development that it is not correctly applying the means testing assessment for income when determining someone's eligibility for a residential-care subsidy.
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Auckland Commercial Lawyer. Are you guilty of reckless trading? A hands-off director may be at risk. Call 377 9966 for a no-obligation chat.
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Section 135 of the Companies Act - Reckless Trading:

Non-Executive or Passive Directors and Directors' Duties: The Courts Take no Excuses for a "Hands Off" Approach
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Auckland Commercial Lawyer. People agree to be a director without knowing their duties & obligations. Are you at risk? Call 377 9966 for a chat.
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Directors' Duties - What Directors Need to Know

In New Zealand, there are few prohibitions on who can become a director of a company, and no real qualification requirements. This means that some people become directors without actually understanding what their role requires. This can result in a company not being managed and governed as required by the Companies Act 1993 ("Act"), which in turn can lead to a breach of duty, which can have very serious consequences, up to and including personal liability for company debts or even criminal sanctions in the worst of cases.
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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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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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