Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Remember to keep your employees in the loop when selling your business. Auckland employment Lawyer.
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Remember to keep your employees in the loop when selling your business

Selling a business involves balancing confidentiality and transparency with employees, especially under New Zealand employment law. When selling assets, employers must consult with employees before finalising the sale to avoid grievances if jobs are affected.
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Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved.
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Children who Resist, Refuse or Reject a relationship with their Parent

Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved. Reaching an agreement about how a child's care will be shared can be challenging and deepen conflict between parents if they do not see eye to eye.
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When purchasing a boat/ship/yacht/vessel - avoid the exercise becoming a frustrating nightmare - contact a legal expert. Forrester Grant McVeagh Fleming Lawyers
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Boat purchase 101 - Sale and Purchase Agreements

Well-drafted agreements for vessel sales are important, especially for larger, technical vessels. While smaller vessel buyers may see these as unnecessary, written contracts simplify legal disputes. Agreements range from basic contracts to detailed forms like the Norwegian Saleform and should clearly outline terms, transaction processes, and dispute procedures, with common provisions as a standard foundation.
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Auckland Relationship Lawyer - finances in a relationship. Ex refusing to provide full disclosure of their assets and liabilities.
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My Ex is hiding assets from me, what can I do?

At the end of a relationship, both parties must fully disclose their assets and liabilities to divide their property fairly. If one party withholds information, reaching a fair agreement becomes difficult, and any agreement made could be challenged and possibly overturned later.
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 Whether you're an employer seeking compliance or an employee seeking clarity, this article offers invaluable insights to navigate the process effectively.
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Restructures

Whether you're an employer seeking compliance or an employee seeking clarity, this article offers invaluable insights to navigate the process effectively.
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Auckland Relationship Lawyer - There is a presumption that when separating with your partner or spouse all of your relationship property will be split 50/50.
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Exceptions to equal sharing of relationship property

Upon separation, it's usually assumed that relationship property will be divided equally unless there's a prenuptial or premarital agreement. However, if there are special circumstances where equal division isn't fair, the court might order a different division to ensure fairness and justice.
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Why wouldn’t you wind up your Trust right now? Talk to an Auckland Family Trust Lawyer about winding up your Family Trust.
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Winding up your Family Trust

With recent changes in tax regulations, increased compliance obligations, and rising administrative costs, what used to be relatively simple is suddenly complicated, time-consuming, and expensive. Is it time to simplify your life and wind the damn thing up?
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In business, contracts are the backbone of agreements, ensuring clarity and accountability. But what happens when a contract isn't written down?
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Beyond Paper: the Power of Implied Agreements

In business, contracts are the backbone of agreements, ensuring clarity and accountability. But what happens when a contract isn't written down? The case of Kingsbeer Transport Ltd v Martin Brower New Zealand sheds light on this question, revealing important insights for business owners.
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Auckland Litigation Lawyers - Holding Overseas Manufacturers Accountable
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Holding Overseas Manufacturers Accountable

This article explores a legal case heard by the New Zealand Court of Appeal, specifically regarding a dispute involving the supply of a building cladding product. The case involved two building owners who initiated legal proceedings against the German-based manufacturer and New Zealand-based distributors. The building owners alleged that the product was faulty and posed risks to their buildings, leading to potential loss and expense.
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There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues.
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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.
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Construction contract disputes
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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.
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After separation, one partner may need financial support while they transition to becoming financially independent.
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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.
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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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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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