Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Lawyer - Power Of Attorney. What do the recent changes mean for Enduring Power of Attorney? Call 377 9966 for a no-obligation chat.
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Changes to Enduring Powers of Attorney

On 16 March 2017 changes to the Protection of Personal Property Rights Act 1988 come into effect. Some of these changes affect how Enduring Powers of Attorney ("EPOA") are made, and others affect how they operate. If you have any unsigned EPOAs drafted and they are not fully executed by this date, they will be invalid and will need re-drafting. EPOAs fully executed prior to 16 March 2017 remain valid. Please urgently contact us if you wish to finalise documents prior to 16 March 2017.
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Auckland , North Shore Construction Disputes Lawyer. How does the Construction Contracts Amendment Act affect your business? Call 377 9966 for a chat.
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The Construction Contracts Amendment Act 2015

The Construction Contracts Amendment Act 2015 is implementing a number of updates to the Construction Contracts Act 2002 ("the CCA"). The amendments are coming into force progressively between 1 December 2015 and 31 March 2017.
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Auckland Employment Lawyer. What does Health and Safety at Work mean for you? Call 377 9966 for a no-obligation chat.
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The New Health and Safety at Work Act

Commenced on 4 April 2016, the new Health and Safety at Work Act ("the Act") replaced the Health and Safety in Employment Act 1992 which overhauled the way businesses and organisations must implement their health and safety policies. The HSWA also put in place a new statutory regime to enforce compliance obligations.
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Auckland Employment Lawyer. How do Zero Hour Contracts affect you? Call 377 9966 for a no-obligation chat.
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Zero Hour Contracts

Issues on the “Zero Hour Contracts” for employees have been topical in the lead up to the Employment Standards Legislation Bill (“the Bill”), which is due to be passed on 1 April 2016.
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Auckland Employment Lawyer. How do Health and Safety reforms affect your business? Call 377 9966 for a no-obligation chat.
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The Health and Safety Reform Bill

The enactment of the Health and Safety Reform Bill is expected to occur in April 2015. Significant changes to the workplace health and safety framework will require preparation now to ensure compliance.
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Auckland Debt Recovery Lawyer. When and how to use a Statutory Demand to get monies paid to you. Call 377 9966 for a no-obligation chat.
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What is a Statutory Demand and When Should I Use It?

What do you do when you are chasing a company for a debt and despite your requests, pleas, calls and curses, the company is failing or refusing to pay? The statutory demand process may be suitable in such circumstances.
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Auckland Commercial Lawyer. To maximise the sale value of your business, consider these issue first. Call 377 9966 for a no-obligation chat.
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Know Your Business - Things You Should Think About Before the Sale

When it comes to a business sale you need to "know your business". It is far too easy for assumptions to be made that are not incorporated in thesale agreement itself. In this article, we comment briefly on some of the things you should think about before seeing an agent or putting pento paper.
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Auckland Employment Lawyer. KiwiSaver Employer Contributions - do you know your situation? Call 377 9966 for a no-obligation chat.
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KiwiSaver Employer Contributions Rate Change

The minimum contribution rate for employers and employees has increased from 2% to 3% of gross salary or wages from the first pay period commencing onor after 1 April 2013.
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Auckland Commercial Property Lawyer. Gt legal advice and due diligence before signing any documents. Call 377 9966 for a no-obligation chat.
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Commercial Property Due Diligence Issues

Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate.
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Auckland Family Trust Lawyer. Complex changes in gifting regulations may affect your Family Trust. Call 377 9966 to find out.
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To Gift or Not to Gift?

Gift duty was abolished from 1 October 2011 and while the legislative change itself is simple, it has surprisingly complex consequences. The abolition of gift duty has made it possible for individuals to gift assets directly to a trust and it is likely this practice will supplant the former method of selling property to a trust with a gift back.
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Auckland Commercial Property Lawyer. What are your rights in evicting a tenant? Call 377 9966 for a no-obligation chat.
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Evicting a Commercial Tenant - Know Your Rights

The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rentor some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligationsin an eviction scenario.
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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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The Construction Contracts (Retention Money) Amendment Bill - Open for Public Submission

The Construction Contracts (Retention Money) Amendment Bill - Open for Public Submission

Written by:
Craig Andrews
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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Rocket Lab Ordered to Pay $97,000.00 to an Employee

Rocket Lab Ordered to Pay $97,000.00 to an Employee

Written by:
Melissa Johnston
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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Changes on the way for the Holidays Act

Changes on the way for the Holidays Act

Written by:
Melissa Johnston
Employers and employees alike have long been grappling with the Holidays Act 2003 ("Act") due to its complexity. Difficulties with compliance has resulted in employees receiving incorrect payments, being unaware of their statutory entitlements and employers owing significant amounts of historical underpayments. It is no surprise the Labour Government's announcement to review the Act was welcomed by many.
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Is There Such a Thing as a Conflict Free Separation?

Is There Such a Thing as a Conflict Free Separation?

Written by:
Alissa Bell
A separation doesn't have to be fraught with conflict, including when Lawyers are involved. If you have recently separated and need some assistance with resolving a dispute involving property and/or children you may want to consider doing so under the framework of Collaborative Advocacy.
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