Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
iPhone mockup
There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues.
This is some text inside of a div block.

Accredited Employer Work Visa – New business issues, and the application of compliance for all

There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues. While the stated intention was to protect migrants from exploitation, the opposite would appear to be the outcome. The media has been filled with stories of migrants exploited, mostly by larger companies, with unscrupulous agents taking payment for jobs, and employers claiming no involvement, yet unable to comply with their obligations. All the while, migrants remain with little hope, savings often spent on a future that never arrived.
READ MORE
Construction contract disputes
This is some text inside of a div block.

Construction contract disputes

This article provides a practical example of the complexities involved in construction-related legal matters, such as payment disputes, contract interpretation, and the importance of adhering to legal requirements in construction contracts.
READ MORE
After separation, one partner may need financial support while they transition to becoming financially independent.
This is some text inside of a div block.

Can bad behaviour cost you during divorce or separation?

When sorting out the monetary side of separation, the Property (Relationships) Act 1976 ("the Act") sets out how property is to be divided for relationships that qualify. It generally aims to divide property (the assets and liabilities including houses, cars, superannuation, mortgage loans etc.) in a way that is “fair”. This means the starting point is that property is divided equally. However, there are some exceptions.
READ MORE
Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often
in a matter of minutes.
This is some text inside of a div block.

Legislative gap leaves New Zealand exposed to deepfakes

Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often in a matter of minutes.
READ MORE
After separation, one partner may need financial support while they transition to becoming financially independent.
This is some text inside of a div block.

Maintenance after the end of a relationship

After separation, one partner may need financial support while they transition to becoming financially independent. Spousal maintenance is separate from child support payments as its focus is on supporting an adult party rather than supporting any children. If a party has made an application for spousal maintenance, they can apply to receive interim maintenance urgently from the other party, to assist them financially in the interim while the final spousal maintenance proceedings are being settled.
READ MORE
Earthquake-prone buildings: If you lease or own (or intend to) premises for your business or a commercial building, you may be affected by recent changes.
This is some text inside of a div block.

Earthquake-prone buildings: Are you on shaky ground?

The introduction of the Building (Earthquake-prone Buildings) Amendment Act 2016 introduced major changes to how earthquake-prone buildings are identified and managed under the Building Act 2004. If you are looking to lease or buy then investigate if the new rules might impact the property you are looking at. If the property does fall under the new rules, then you need to make yourself aware of how this could impact a lease or your investment.
READ MORE
Business Sales and the Consequences of Misrepresentation. Selling a business demands that owners and agents don't make misrepresentations.
This is some text inside of a div block.

Selling a business (pet treats) and the consequences of misrepresentation

Selling a business requires owners and agents to highlight the appealing aspects of the business to attract potential buyers. Emphasising the positives is important, but when information veers into misleading territory, it can lead to significant issues.
READ MORE
Relations Authority (ERA) recently issued a noteworthy determination, awarding in favour of an employee who had endured severe bullying in the workplace.
This is some text inside of a div block.

A large compensation payment for bullying

The Employment Relations Authority (ERA) recently issued a noteworthy determination, in which a significant amount of compensation was awarded in favour of an employee who had endured severe bullying in the workplace. This case has the potential to establish a precedent, paving the way for comparable compensation awards to be made in cases involving moderate to severe breaches of employment law by employers.
READ MORE
Buying a 'pre-loved' boat/ship (or any major asset for that matter) irrespective of the size without undertaking due diligence is very risky.
This is some text inside of a div block.

Boat purchase 101 - Technical due diligence

The importance of due diligence cannot be overstated; a little bit of time and money spent prior to purchasing a boat should (but not always) save a lot of time, frustration, and money if the boat turns out to be other than advertised. Also, it occasionally uncovers issues that even the owner was unaware of.
READ MORE
In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical.
This is some text inside of a div block.

Will woes and family drama: will drafting, executor responsibilities, and balancing family relationships

In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical. We explore an example case, which is a real eye-opener on the wild ride of wills, family dynamics, and the not-so-simple task of divvying up the goods.
READ MORE
With the aftermath of the COVID-19 pandemic. This article explores the potential areas of litigation that have emerged globally, businesses need to consider.
This is some text inside of a div block.

Legal Landscapes Post-COVID: Navigating Global Challenges for Businesses

As the world grapples with the aftermath of the COVID-19 pandemic, businesses face a myriad of legal challenges. From the financial strain on corporations to the nuances of insurance claims and employment law intricacies, the landscape is evolving. This article explores the potential areas of litigation that have emerged globally, shedding light on crucial aspects for businesses to consider.
READ MORE
Nikah - what this can mean for your relationship property entitlements.
This is some text inside of a div block.

Enforcing a Nikah (an Islamic marriage contract)

If you and your partner intend to enter into a nikah, it is important to consult with a lawyer to advise you of the possible effects and implications of that agreement and your property rights should you and your partner separate. If you and your partner have already separated and you have entered into a nikah, a lawyer can also advise you on what that means for your relationship property entitlements.
READ MORE

Subscribe to receive updates

I would like to receive updates for:
Thank you for subscribing. Your submission has been received!
Oops! Something went wrong while submitting the form. Please try again.
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
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:
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more