Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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If there is an issue with a sale or purchase near settlement, the seller or vendor can claim. It needs careful expert action. Call an Auckland property lawyer
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ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

If the purchaser discovers a defect with the property or breach of the sale and purchase agreement by the vendor just days before settlement is due, what can the purchaser and vendor do in that situation? Can the vendor force settlement? Should the purchaser be allowed to claim a reduction in the purchase price? The claim for compensation provisions were designed to achieve both objectives, requiring settlement to occur subject to some adjustment of the purchase price payable on settlement.
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Market share, efficiencies, financial strength are all reasons for a merger or acquisition (M & A). An Auckland mergers lawyer can advise on timing and action
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Mergers and Acquisitions can give your company a competitive advantage, but when is it the right move?

Mergers and acquisitions ("M&A") are often used as critical methods for expansion. Some companies may plan successful M&A strategies such as using good economic times to strengthen their finances (paying down debt and accumulating cash reserves), and when a recession or slowdown comes, buying at low valuations.
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A new Act has big changes for Committee Members of Incorporated Societies. From sports, & music, to community & hobby groups. Go here to see if you are affected
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Changes to the Incorporated Societies Regime - it's time to review your constitution

The new Incorporated Societies Act 2022 ("Act") received Royal Assent on 5 April 2022, in replacement of the Incorporated Societies Act 1908 ("old Act") and is coming into force in stages. The Act significantly changes governance and accountability obligations for incorporated societies. Re-registration under the new Act is required for all existing incorporated societies to continue to exist.
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If family members become ill, or incapacitated, making financial or health decisions for them is difficult. Auckland enduring power of attorney lawyer for help.
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Enduring Power of Attorney

No matter your age, it is essential that all adults have in place lawful and enforceable Enduring Powers of Attorney ("EPA"). Sudden accidents or illnesses affecting your metal capacity can happen unexpectedly, and if the time comes that you require an EPA and you have not already set one up, it will be too late.
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Many firms employ contractors but those people can actually be regarded as employees. This affects the employer. Read the views of an Auckland employment lawyer
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Do You Have Independent Contractors and Do You Work in the Construction Industry?

The construction industry often engages independent contractors, rather than employees. There is clearly a need for contractors in the industry, but in some situations, contractors are engaged because they are often seen as easier to engage than employees. This is often because a company can end a contractor's contract by giving notice, contractors do not receive annual leave or sick leave and are not entitled to minimum wage.
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Can employers make staff take annual leave during closures like lockdowns? Can they reclaim their wages? An Auckland employment lawyer explains your obligations
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Requiring Employees to Take Annual Leave

The Employment Court recently issued a decision relating to whether employers were entitled to require employees to take annual leave during the Covid-19 lockdown in April 2020. Three employees brought a case against Carter Holt Harvey LVL Limited ("the Company") after the Company told staff that they would need to take eight days leave during the lockdown in April 2020.
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Exploiting migrants in the workplace is too common, as bad employers take advantage of immigrant workers. Talk to an Auckland employment lawyer for help.
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Migrant Exploitation and Employment Premiums

Exploitation in the workplace could exist in many forms and could happen to any employee, whether you are a migrant or otherwise. However, it is observed that foreigners are more vulnerable to becoming victims of exploitation due to their unfamiliarity with the relevant laws and not knowing their rights as employees in New Zealand. This is why workplace exploitation is more commonly referred to as 'migrant exploitation'.
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Covid vaccines for children is a complex issue with health, culture, separated parents, and other factors. Who makes the decision? Ask an Auckland family lawyer
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To Vaccinate or Not: Parental Decisions About Paediatric Covid-19 Vaccination

Parents have the mutual goal of wanting the best for their child. Naturally, there are disagreements as to what "the best" means. A notably difficult decision has arisen in recent years for parents about whether or not their child is going to receive the Covid-19 vaccine. This is a guardianship issue in family law.
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The Green List - NZ's post-Covid overseas staffing options. Can you hire offshore labour for your business? Auckland immigration lawyer gives the answer here.
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The New Zealand immigration Green List - green for go?

In 2020, while the entire world was distressed about Covid-19 and borders were closing, Immigration New Zealand ("INZ") decided to close the tap on skilled migration. A decision was made to suspend the selection of expressions of interest (also known as EOI). The selections normally occurred on a fortnightly basis and would result in a selected candidate receiving an Invitation to Apply for Residence under the Skilled Migrant Category. The suspension remains in place at the time of this article.
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Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!
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Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!

The Fair Trading Amendment Act 2021 ("Amendment Act") has made recent amendments of the Fair Trading Act 1986 with some terms being extended to small business contracts that will come into force on 16 August 2022.
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Employers have big problems with staffing. Labour shortages and retention are big issues. An Auckland employment lawyer ahs tips on how to achieve both. Click
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The Great Resignation

You will likely have heard the term "The Great Resignation". Over the last few months we have had a number of clients approach us for ideas and wanting to know how they can set their organisation apart from others in order to retain staff.
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Auckland Employment Lawyer. How do Zero Hour Contracts affect you? Call 377 9966 for a no-obligation chat.
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Zero Hour Contracts

Issues on the “Zero Hour Contracts” for employees have been topical in the lead up to the Employment Standards Legislation Bill (“the Bill”), which is due to be passed on 1 April 2016.
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Unpaid Invoices - Want to Understand Your Options

Unpaid Invoices - Want to Understand Your Options

Written by:
James Turner
At one time or another, all businesses confront the unpleasant task of collecting outstanding fees for the services or products they have provided. When a client refuses to pay an outstanding invoice, recovering the money due may turn into a drawn-out process, even when the amount owed appears un-contentious. Engaging a solicitor to assist with the debt recovery process has the benefit of both impressing on the debtor your commitment to pursuing the debt and simplifying an otherwise frustrating process.
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Changes to Enduring Powers of Attorney

Changes to Enduring Powers of Attorney

Written by:
Alissa Bell
On 16 March 2017 changes to the Protection of Personal Property Rights Act 1988 come into effect. Some of these changes affect how Enduring Powers of Attorney ("EPOA") are made, and others affect how they operate. If you have any unsigned EPOAs drafted and they are not fully executed by this date, they will be invalid and will need re-drafting. EPOAs fully executed prior to 16 March 2017 remain valid. Please urgently contact us if you wish to finalise documents prior to 16 March 2017.
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The Construction Contracts Amendment Act 2015

The Construction Contracts Amendment Act 2015

Written by:
James Turner
The Construction Contracts Amendment Act 2015 is implementing a number of updates to the Construction Contracts Act 2002 ("the CCA"). The amendments are coming into force progressively between 1 December 2015 and 31 March 2017.
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The New Health and Safety at Work Act

The New Health and Safety at Work Act

Written by:
James Turner
Commenced on 4 April 2016, the new Health and Safety at Work Act ("the Act") replaced the Health and Safety in Employment Act 1992 which overhauled the way businesses and organisations must implement their health and safety policies. The HSWA also put in place a new statutory regime to enforce compliance obligations.
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Zero Hour Contracts

Zero Hour Contracts

Written by:
James Turner
Issues on the “Zero Hour Contracts” for employees have been topical in the lead up to the Employment Standards Legislation Bill (“the Bill”), which is due to be passed on 1 April 2016.
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The Health and Safety Reform Bill

The Health and Safety Reform Bill

Written by:
James Turner
The enactment of the Health and Safety Reform Bill is expected to occur in April 2015. Significant changes to the workplace health and safety framework will require preparation now to ensure compliance.
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What is a Statutory Demand and When Should I Use It?

What is a Statutory Demand and When Should I Use It?

Written by:
What do you do when you are chasing a company for a debt and despite your requests, pleas, calls and curses, the company is failing or refusing to pay? The statutory demand process may be suitable in such circumstances.
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Know Your Business - Things You Should Think About Before the Sale

Know Your Business - Things You Should Think About Before the Sale

Written by:
Steve Graham
When it comes to a business sale you need to "know your business". It is far too easy for assumptions to be made that are not incorporated in thesale agreement itself. In this article, we comment briefly on some of the things you should think about before seeing an agent or putting pento paper.
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Doing Business in New Zealand - A Guide

Doing Business in New Zealand - A Guide

Written by:
Andrew Knight
Doing Business in New Zealand - A Guide
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KiwiSaver Employer Contributions Rate Change

KiwiSaver Employer Contributions Rate Change

Written by:
James Turner
The minimum contribution rate for employers and employees has increased from 2% to 3% of gross salary or wages from the first pay period commencing onor after 1 April 2013.
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