Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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RELOCATION DISPUTES: Considering relocating with your child to a different city or country? Family & relationship property auckland lawyer
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Relocation Disputes

Considering relocating with your child to a different city or country? It's essential to understand that such a move requires the consent of the other parent. The decision about where a child lives is a significant guardianship matter, and both parents must agree on it.
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Young onset dementia: how to get help and what needs to be in place. Wills, EPA and PPPR Lawyer for Young onset dementia
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Young onset dementia: how to get help and what needs to be in place

Fiona shares her deeply personal journey of caring for her mother, diagnosed with Young Onset Dementia at age 53. At just 29, Fiona navigated the challenges of supporting four generations under one roof, balancing the demands of new motherhood with caregiving responsibilities. She reflects on the emotional and financial strains, the importance of a support network, and the late diagnosis that left many questions unanswered.
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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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Update on recent amendments of the Real Estate Agents Act 2008 and recent decision of the Real Estate Agents Disciplinary Tribunal

Update on recent amendments of the Real Estate Agents Act 2008 and recent decision of the Real Estate Agents Disciplinary Tribunal

Written by:
Real estate agents or salespersons seeking to challenge a Complaints Assessments Committee's finding of unsatisfactory conduct need now to be aware of a shortened appeal period.
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Changes to Protection Orders From 1 July 2019

Changes to Protection Orders From 1 July 2019

Written by:
Alissa Bell
From 1 July 2019, changes are being made to all Protection Orders, including those made before this date. The Family Violence Act 2018 repeals and replaces the Domestic Violence Act 1995 and modifies the Care of Children Act 2004 as part of ongoing efforts to tackle domestic violence issues in New Zealand with the aim of providing faster, more effective protection for protected persons and increasing accountability and compliance by respondents.
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'Insuring' Your Relationship Property

'Insuring' Your Relationship Property

Written by:
Peter Fuscic
Section 21 of the Property (Relationships) Act 1976 ("the Act") allows for parties to essentially 'contract out' of the Act and determine how the relationship property would be divided on the off-chance that you and your partner separate.
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Mainzeal: Reckless Trading

Mainzeal: Reckless Trading

Written by:
Andrew Knight
In Mainzeal1 the former directors were held liable for a breach of section 135 of the Act. Richard Yan, (who was the founder and main shareholder of Mainzeal's parent company, Richina Pacific) was ordered to pay compensation of $36M. Each of the other directors (Shipley, Tilby and Gomm) were held liable to contribute $6M each towards that $36M.
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Financial Advisers Must Comply With new Code of Professional Conduct From mid-2020

Financial Advisers Must Comply With new Code of Professional Conduct From mid-2020

Written by:
Andrew Knight
The Minister of Commerce and Consumer Affairs has released the content of a new Code of Professional Conduct for Financial Advice Services that should come into effect in mid-2020. The Code will require those persons who provide regulated financial advice to retail clients to meet certain standards of professional conduct, and will follow the commencement of the Financial Services Legislation Amendment Act 2019 ("FSLA").
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Heavy Fines Given to Retailers for Misleading Consumers

Heavy Fines Given to Retailers for Misleading Consumers

Written by:
Andrew Knight
Recent decisions of the District Court highlight the need for businesses to adhere to the Fair Trading Act 1986 ("FTA") and not mislead their customers, particularly if their customers are 'consumers' under the Consumer Guarantees Act 1993 ("CGA"). Both decisions involved prosecutions by the Commerce Commission against high profile retailers and resulted in substantial fines being awarded against these retailers.
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GDPR Compliance for New Zealand Businesses

GDPR Compliance for New Zealand Businesses

Written by:
Andrew Knight
The General Data Protection Regulation (GDPR) came into force on 25 May 2018. Even though this is a European Union regulation, it potentially has significant implications for New Zealand businesses. Technology has enabled New Zealand businesses to operate on a truly global scale and businesses collect, process and use data from all corners of the world.
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If Technology is Your Business, Protect It

If Technology is Your Business, Protect It

Written by:
Andrew Knight
Many modern businesses consist primarily of technology in the form of intellectual property. Although they may own physical assets and employ staff (though they are more likely to be engaged as contractors) the real value in the business sits almost wholly in the intellectual property developed.
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From 6 May 2019 Infringement Offence For Employers Not to Have Individual Employment Agreements Recorded in Writing

From 6 May 2019 Infringement Offence For Employers Not to Have Individual Employment Agreements Recorded in Writing

Written by:
Craig Andrews
From 6 May 2019 employers who have failed to record their individual employment agreements in writing will be liable for an infringement offence under the Employment Relations (Infringement Offences) Regulations 2019.
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Domestic Violence - Victims' Protection Act 2018 - Rights and Obligations

Domestic Violence - Victims' Protection Act 2018 - Rights and Obligations

Written by:
Craig Andrews
The Domestic Violence - Victims' Protection Act will come into effect on 1 April 2019. The legislation aims to enhance legal protections in the workplace for people affected by domestic violence by helping victims to stay employed and addressing discrimination stemming from domestic violence in the workplace. The Act brings a normally private matter into the working domain.
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