Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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employee sustains an illness, or suffers an injury and is unable to work for a period of time. Uncertainty may arise about when he/she can return to work
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Sustained Absence From Work and Medical Incapacity in Employment: When Can an Employer "Fairly Cry Halt"?

It is a fairly familiar situation: an employee sustains an illness, or suffers an injury – probably due to no fault of their own or their employer - and is unable to work for a long period of time. Uncertainty may arise about when he or she can return to work, if ever. Repeated visits to a doctor or specialist, frustratingly for both the employee and the employer, fail to provide a definite prognosis about when the employee will be fit to return to work or, indeed, whether they will ever be able to do so. Meanwhile the employee may be receiving no income, or less than their full former salary or wage while receiving an ACC benefit. The employer is also left in the difficult and uncertain position of not being able to hire a permanent replacement employee but needing to reassign the absent employee's tasks to others, or make do with a potentially more expensive temporary employee.
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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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The Family Trust and the ‘Independent Trustee’

The Family Trust and the ‘Independent Trustee’

Written by:
Peter Fuscic
A trust exists to hold assets for a certain purpose. For an ‘ordinary’ family trust, commonly conceptualised as a ‘mum and dad’ trust, the ‘mum and dad’ settlors ordinarily transfer their main home to trustees to hold that property for the benefit of their immediate family group. In this scenario it is common for ‘mum and dad’ to be appointed as trustees. They are additionally named as discretionary beneficiaries to ensure they may benefit from the trust assets throughout their lifetimes as well.
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Practical Guidance for Employers During Covid-19

Practical Guidance for Employers During Covid-19

Written by:
Craig Andrews
The Covid-19 Lockdown is a unique situation that continues to change rapidly and this raises a number of questions and concerns for people, especially in the employment space. The situation surrounding Covid-19 requires flexibility from both employers and employees.
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Redundancy During Covid-19

Redundancy During Covid-19

Written by:
James Turner
In the wake of the Covid-19 lockdown, many employers are assessing options available to them to save their business and are contemplating cutting staff. This decision should not be taken lightly as the underlying requirements for proper termination of employment still apply.
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Financial Support for Employers During Covid-19

Financial Support for Employers During Covid-19

Written by:
James Turner
In response to the Covid-19 outbreak the Government has announced a $12.1 billion support package to support the economy. If you are an employer, contractor, sole-trader or self-employed, you may be eligible to apply for financial support.
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Issues for Employees During the Covid-19 Lockdown

Issues for Employees During the Covid-19 Lockdown

Written by:
James Turner
The Covid-19 level 4 alert lockdown is having a significant impact on the way people work during this time. Whilst the Government is providing assistance to businesses such as the wage subsidy to pad the landing for employers, there are numerous challenges facing employees in the coming weeks.
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How are the Courts Operating During the Covid-19 Lockdown?

How are the Courts Operating During the Covid-19 Lockdown?

Written by:
Craig Andrews
The Chief Justice of the Supreme Court, the Right Honourable Helen Winkelmann, has assured the legal profession and members of the public that the Courts will be operational during all Covid-19 alert levels, including lockdown during alert level 4: "Courts are an essential service. New Zealand courts must continue to uphold the rule of law and to ensure that fair trial rights, the right to natural justice and rights under the New Zealand Bill of Rights Act are upheld."
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Frustration, Force Majeure and Covid-19

Frustration, Force Majeure and Covid-19

Written by:
James Turner
The Covid-19 pandemic and the announcement of the Level 4 Covid-19 threat level in New Zealand has meant that many businesses may be forced to default on their commercial obligations, especially as non-essential businesses are told to close. However if their contracts contain a "force majeure" provision, this may provide them with a way out.
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Construction, Builders, NZS3910 Building Contracts and Covid-19

Construction, Builders, NZS3910 Building Contracts and Covid-19

Written by:
James Turner
At a press release on 24 March 2020 at 1.00 pm a spokesperson for the Ministry of Business, Innovation and Employment (MBIE) said: "If you are in doubt whether you are an essential service, you're probably not".
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Leases in the Time of Covid-19

Leases in the Time of Covid-19

Written by:
Brandon Cullen
We have been fielding an unprecedented (but understandable) number of queries from both tenant and landlord clients wanting to understand the legal position in respect of either termination of commercial leases, and obligations in respect of rental/outgoings payments.
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Getting on top of your legal affairs – what you could do during the lockdown period

Getting on top of your legal affairs – what you could do during the lockdown period

Written by:
During this unprecedented and unsettling time, there is an opportunity here to take advantage of the phone calls and emails slowing down (for some) and use your time to address those things you have been putting off – a bit like that painting job most people have been meaning to get to.
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