Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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How do you get divorced in New Zealand? Article from McVeagh Fleming Lawyers - Auckland-based Family & Relationship Property team
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How do you get divorced in New Zealand?

In New Zealand, to legally end your marriage or civil union (divorce), you must apply to the Family Court for a Dissolution Order. Until a final order dissolving a marriage or civil union has taken effect, parties to a marriage or civil union cannot enter into another marriage or civil union.
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Auckland Immigration Lawyer - Our top 6 tips for Partnership Visa Applications
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6 tips for Partnership Visa Applications

The financial and emotional costs associated with visa applications make the stakes high. So, to help you navigate the process, we’ve compiled our top six tips for applying for partnership-based visas.
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Auckland Immigration Lawyer - Immigration changes to help those buying a business
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Immigration changes to help those buying a business

In a welcome move for business owners, Immigration New Zealand (INZ) has revised its policies to make it easier for those buying businesses to keep their existing workforce. From 6 November 2024, this change will streamline the process for Accredited Employer Work Visa (AEWV) holders, reducing delays and red tape that previously made it difficult for new business owners to retain valued migrant staff.
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Auckland Immigration Lawyer - US election: A Donkey, an Elephant, or New Zealand
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A Donkey, an Elephant, or New Zealand

There is no doubt that 5 November 2024 will lead to someone being appointed as the most powerful person in the world. While we won't be trying to assume who will win, we do know that, on that day, about half of the population in the USA is likely to be disappointed with the result. That is why we wanted to raise a third option. We'll cover a few differences that people may experience by moving to New Zealand, as well as some of the immigration options that may be open to you.
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Auckland Lawyer for Wills - I was excluded from a Will, what can I do?
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I was excluded from a Will, what can I do?

If one of your loved ones has left you out of their Will or you believe that their Will is unfair or their Will did not adequately provide for you, you may be able to make a claim under the Family Protection Act 1955 (the FPA) against their estate.
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Auckland property lawyer - Land covenants: the ability to amend to reflect modern developments
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Land covenants: the ability to amend to reflect modern developments

This article explores the legal principles surrounding land covenants, focusing on a case where a developer sought to modify a land covenant that restricted the number of dwellings on their property. The Court ultimately agreed to modify the covenant, determining that no substantial injury would result to neighboring property owners and the change reflected modern development demands.
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Auckland Family & Relationship Property Lawyer - Occupation rent after separation. One person moves out of the family home and the other remains.
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Occupation rent after separation

Occupation rent is a legal mechanism that can come into play when a couple separates, and one person continues living in the family home while the other moves out. It is designed to ensure fairness, especially if the remaining party benefits from sole access to the home.
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Auckland Property, business and contract lawyers - What's hiding in the Terms of Trade? A Customer Perspective on GSAs
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What's hiding in the Terms of Trade? A Customer Perspective on GSAs

When entering relationships with new suppliers, it’s essential to carefully review the terms of trade, especially if they include a General Security Agreement (GSA). While a GSA can offer credit benefits, it also carries significant risks, potentially leading to receivership if payment issues arise. Understanding these terms is crucial to protecting your business.
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Auckland Employment Laywers - Employee v Contractor Status Disputes - A New Law But Old Problems?
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Employee v Contractor Status Disputes – A New Law But Old Problems?

The government has announced its plan to amend the Employment Relations Act 2000 by introducing a new legislative test that aims to prevent workers from challenging their status as an independent contractors and claiming that they are employees.
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 If you lose mental capacity without an EPA, decisions regarding your personal welfare or property must go through the Family Court.
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Navigating mental capacity loss without Enduring Powers of Attorney (EPA): What you need to know

Many people assume their family will automatically be able to make decisions for them if they lose mental capacity, but without Enduring Powers of Attorney (EPA) in place, that’s not the case. If you lose mental capacity without an EPA, decisions regarding your personal welfare or property must go through the Family Court.
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Auckland Maritime Lawyer - Legal due diligence when purchasing a boat. Key legal considerations to help buyers safeguard their investment.
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Legal due diligence when purchasing a boat

When purchasing a boat, legal due diligence is crucial to ensure a smooth transaction and avoid potential pitfalls. This process primarily focuses on confirming that the seller has clear legal ownership of the vessel and that there are no hidden charges, such as mortgages or liens, which could surface after the purchase. In this article, we outline the key legal considerations to help buyers safeguard their investment.
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Uber Loses Landmark Appeal: New Zealand Court Rules Uber Drivers Are Employees. When contractors are actually employees – The Uber case and its implications.
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When contractors are actually employees – The Uber case and its implications

When engaging people as contractors, it's not just the contract label that matters — how the working relationship functions in practice is key. If a contractor is treated like an employee, with significant control exerted over their work and integration into the business, the contractor will 'at law' likely be an employee, and getting this classification wrong can be and often is expensive. Understanding and correctly applying the criteria is essential to avoid legal and financial repercussions.
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Sustained Absence From Work and Medical Incapacity in Employment: When Can an Employer "Fairly Cry Halt"?

Sustained Absence From Work and Medical Incapacity in Employment: When Can an Employer "Fairly Cry Halt"?

Written by:
Craig Andrews
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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Employment - 90 Day Trial Periods - Set to be Abolished?

Employment - 90 Day Trial Periods - Set to be Abolished?

Written by:
James Turner
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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Boat Purchase 101 - Legal Due Diligence

Boat Purchase 101 - Legal Due Diligence

Written by:
Forrester Grant
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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Thinking of Buying a Commercial Property?

Thinking of Buying a Commercial Property?

Written by:
Brandon Cullen
Consider these five tips before entering into an agreement.
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Boat Purchase 101 - Technical Due Diligence

Boat Purchase 101 - Technical Due Diligence

Written by:
Forrester Grant
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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Section 131: Duty of Directors to Act in Good Faith and in Best Interests of Company

Section 131: Duty of Directors to Act in Good Faith and in Best Interests of Company

Written by:
Andrew Knight
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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Reduced Limitation Periods Have Significant Consequences for Mortgagees

Reduced Limitation Periods Have Significant Consequences for Mortgagees

Written by:
Peter Fuscic
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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Domestic Violence Case Law Update:

Domestic Violence Case Law Update:

Written by:
Peter Fuscic
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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''Best Endeavours'' or ''All Reasonable Endeavours''

''Best Endeavours'' or ''All Reasonable Endeavours''

Written by:
Andrew Knight
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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Need a Notary Public?

Need a Notary Public?

Written by:
Ross Bedford
Ross Bedford (Partner) and Tony Coupe (Consultant) are Notaries Public and both are available, on appointment, to provide notary services.
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