Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Commercial rent reductions may be possible due to Covid. If you have no access to your premises, changes in property law and leases may allow for this. Ask us.
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Proposed Changes to the Property Law Act 2007 - Mandatory Rent Reduction For All Commercial Leases During Lockdown

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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Start-ups or existing firms can use Fintech. For software, apps, programs, banking, business models, click and collect, etc. Six key Acts and law to understand
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Creating a FinTech Business? Here Are Some Issues to Look Out For

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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Lenders must make sure of the Suitability and Affordability to borrowers in new credit contracts. The new regulations are complex. We can help SME lenders.
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Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

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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Do your building contracts cover you for Covid implications and effects for Principals, Engineers, and Contractors? See an Auckland construction dispute lawyer
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NZS3910:2013 Covid-19 Conditions

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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Travelling for shared childcare has a range of rules and conditions. Check with an Auckland or a Manukau family lawyer to avoid disappointment
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Travel From Level 3 to Level 2 for Shared Care as of 11.59 pm 28 September 2021

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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Separation is always hard but under lockdown, it is more difficult being in the same house. Talk to an Auckland or Manukau family lawyer for help
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What are my Options if I Wish to Separate From my Partner During Alert Level 4 Lockdown?

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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For childcare, domestic violence, separation, relationship property, adoption, IVF and family matters, under Covid talk to an Auckland or Manukau family lawyer
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How to Deal With Family, Safety and Personal Matters During Uncertain Times - What we can do to Help

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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When you sell a house with chattels, what is your liability for the working life and use of those items? An Auckland or Manukau property lawyer can advise
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Are You Sure You Want To Give That Warranty?

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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Cashflow for building projects is a problem in Covid. Find out your options for being paid quickly to receive your cash. Auckland construction disputes lawyer
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Recovering Money During Lockdown in the Construction Industry

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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Childcare between separated parents is hard. In lockdown harder still. See your options for managing child access in Covid Auckland or Manukau family lawyer
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Facilitating Day-to-Day Care and Contact Through the Covid-19 Delta Variant Lockdown

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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After some big construction company failures, new rules for retention money for subcontractors. Directors may get penalties so check if you are compliant.
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The Construction Contracts (Retention Money) Amendment Bill - Open for Public Submission

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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To dismiss an employee, you must have good records and the correct method. Rocket Lab paid $97,000 for the wrong process. Auckland employment lawyer 377 9966
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Rocket Lab Ordered to Pay $97,000.00 to an Employee

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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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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Wills for the Lockdown

Wills for the Lockdown

Written by:
Peter Fuscic
Can a Will be made from within the Covid-19 virus enforced bubble of self-isolation and social distancing? Extreme events call for extreme challenges and measures no more so than for making a Will right now when the testator is in isolation and no independent witnesses are in the room. Clearly an issue particularly for someone elderly or ill and delay is a concern.
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