Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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The death of a spouse or partner is an emotional and challenging time for the one left behind. Handling the Deceased's estate can be an overwhelming task.
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How may relationship property be divided when a spouse or partner dies?

The death of a spouse or partner is an emotional and challenging time for the one left behind. Often left with the overwhelming task of handling the Deceased's estate, the surviving spouse or partner will be unaware of their entitlement under the Property (Relationships) Act 1976 (the "PRA"). Many will opt to taking under the Will, not knowing they also have the alternative option of applying under the PRA for a division of relationship property.
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Proposed Changes to KiwiSaver Contributions: What Employers Need to Know
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Proposed Changes to KiwiSaver Contributions: What Employers Need to Know

Is your company deducting the Employer KiwiSaver contribution from your employees' pay? A new Bill, introduced to Parliament on 8 June 2023, aims to revolutionize the employer's role in KiwiSaver contributions.
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Woolley v Fonterra Co-Operative Group Ltd: The Exercise of Contractual Discretion. On 29 June 2023, the New Zealand Court of Appeal delivered its judgment.
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The Exercise of Contractual Discretion

Woolley v Fonterra Co-Operative Group Ltd: The Exercise of Contractual Discretion‍On 29 June 2023, the New Zealand Court of Appeal delivered its judgment in the case of Woolley v Fonterra Co-Operative Group Ltd [2023] NZCA 266. In its judgment, the Court considered the approach to the exercise of contractual discretion in New Zealand, including the test adopted by the United Kingdom Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. A summary of the key facts of the matter and important points in the Court's decision follow.
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Testamentary capacity is the legal term used to describe a person's mental and legal capability to create or alter a Will. Many factors may affect this...
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Testamentary Capacity

When constructing a Will a will-maker has the freedom to decide how they wish to distribute their property upon their death, this is known as testamentary freedom. However, this freedom is not absolute. In certain circumstances, such as when a will-maker is said to have lacked capacity when they last made or altered their Will, a Will can be challenged and possibly be declared as invalid.
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Mediating Trust Disputes. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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Mediating Trust Disputes

Countless families across New Zealand place their most valuable assets, such as their property, into a discretionary family trust. However, when a couple separate and each party is a trustee to the same family trust, conflict and disagreement will often arise as to the management and enjoyment of trust assets. Disagreements on internal trust matters have the possibility of turning into time-consuming, expensive and public proceedings in court. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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Couples wanting a relationship property, contracting out, or prenup agreement. See an Auckland family lawyer for advice and drafting to avoid challenges.
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Separation - What's in a date?

When was it over? When to call it quits? When did you say goodbye? Am I separated? What's in a date? In the midst of a relationship breakdown, when you and your former partner are separated is not often a front-of-mind question. However, your separation date can be important information in family law proceedings.
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Couples wanting a relationship property, contracting out or prenup agreement. See an Auckland family lawyer for advice and drafting to avoid challenges.
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Setting Aside Relationship Property Contracting Out Agreements

Entering into a relationship property contracting out agreement ("prenuptial agreement" or "premarital agreement") allows couples to determine together how they would like their separate and shared property divided if separation or death occurs.
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A new law gives extended time for lodging a personal grievance alleging sexual harassment. An Auckland employment lawyer can review your employment agreements.
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Extension of Time for Sexual Harassment Claims is now Law

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill ("the Bill") has now become law.
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If you are thinking of restructuring your workforce, you are obliged to think about redeployment opportunities for staff. Auckland employment lawyer for advice.
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A Reminder of the Duty to Consider Redeployment

One of the considerations that employers need to make when undertaking a restructure and making roles redundant, is whether there are any redeployment opportunities for the impacted employees. See our previous article on restructures, which noted that, "During the consultation phase, you must consider and discuss with the employee whether there are any redeployment opportunities for them within the business, or if there are alternatives to redundancy, such as reducing hours or taking a period of leave".
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Employers cannot withhold wages or salary. Wage theft is illegal already, but a new Bill will increase penalties. See an Auckland employment lawyer for advice.
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Wage Theft - The Crimes (Theft by Employer) Amendment Bill 2023

Employers are generally prohibited by law from withholding an employee’s wages or salary, and other monetary entitlements due to the employee under legislation, with very few exceptions. The Government is now looking to criminalise intentional acts by employers of withholding such payments.
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Companies looking at redundancies, restructuring, or reducing the workforce. This needs precise steps to avoid penalties. Auckland employment lawyer can help.
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Getting Restructures Right

There have been numerous news articles recently about restructures, loss of jobs, and the impending gloom of 2023. If you are thinking about restructuring, you need to ensure the process is carried out correctly.
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The minimum wage has been increased so adjust your payroll. Median wage for Green List and Work Visas is also up. Auckland Employment Lawyer for help.
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Minimum wage and median wage set to increase

Minimum wage will increase by $1.50 per hour from 1 April 2023, and the median wage will increase to $29.66 per hour from 27 February 2023. The new median wage will apply to all Job Check and Accredited Employer Work Visa applications.
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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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