Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
iPhone mockup
There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues.
This is some text inside of a div block.

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.
READ MORE
Construction contract disputes
This is some text inside of a div block.

Construction contract disputes

This article provides a practical example of the complexities involved in construction-related legal matters, such as payment disputes, contract interpretation, and the importance of adhering to legal requirements in construction contracts.
READ MORE
After separation, one partner may need financial support while they transition to becoming financially independent.
This is some text inside of a div block.

Can bad behaviour cost you during divorce or separation?

When sorting out the monetary side of separation, the Property (Relationships) Act 1976 ("the Act") sets out how property is to be divided for relationships that qualify. It generally aims to divide property (the assets and liabilities including houses, cars, superannuation, mortgage loans etc.) in a way that is “fair”. This means the starting point is that property is divided equally. However, there are some exceptions.
READ MORE
Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often
in a matter of minutes.
This is some text inside of a div block.

Legislative gap leaves New Zealand exposed to deepfakes

Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often in a matter of minutes.
READ MORE
After separation, one partner may need financial support while they transition to becoming financially independent.
This is some text inside of a div block.

Maintenance after the end of a relationship

After separation, one partner may need financial support while they transition to becoming financially independent. Spousal maintenance is separate from child support payments as its focus is on supporting an adult party rather than supporting any children. If a party has made an application for spousal maintenance, they can apply to receive interim maintenance urgently from the other party, to assist them financially in the interim while the final spousal maintenance proceedings are being settled.
READ MORE
Earthquake-prone buildings: If you lease or own (or intend to) premises for your business or a commercial building, you may be affected by recent changes.
This is some text inside of a div block.

Earthquake-prone buildings: Are you on shaky ground?

The introduction of the Building (Earthquake-prone Buildings) Amendment Act 2016 introduced major changes to how earthquake-prone buildings are identified and managed under the Building Act 2004. If you are looking to lease or buy then investigate if the new rules might impact the property you are looking at. If the property does fall under the new rules, then you need to make yourself aware of how this could impact a lease or your investment.
READ MORE
Business Sales and the Consequences of Misrepresentation. Selling a business demands that owners and agents don't make misrepresentations.
This is some text inside of a div block.

Selling a business (pet treats) and the consequences of misrepresentation

Selling a business requires owners and agents to highlight the appealing aspects of the business to attract potential buyers. Emphasising the positives is important, but when information veers into misleading territory, it can lead to significant issues.
READ MORE
Relations Authority (ERA) recently issued a noteworthy determination, awarding in favour of an employee who had endured severe bullying in the workplace.
This is some text inside of a div block.

A large compensation payment for bullying

The Employment Relations Authority (ERA) recently issued a noteworthy determination, in which a significant amount of compensation was awarded in favour of an employee who had endured severe bullying in the workplace. This case has the potential to establish a precedent, paving the way for comparable compensation awards to be made in cases involving moderate to severe breaches of employment law by employers.
READ MORE
Buying a 'pre-loved' boat/ship (or any major asset for that matter) irrespective of the size without undertaking due diligence is very risky.
This is some text inside of a div block.

Boat purchase 101 - Technical due diligence

The importance of due diligence cannot be overstated; a little bit of time and money spent prior to purchasing a boat should (but not always) save a lot of time, frustration, and money if the boat turns out to be other than advertised. Also, it occasionally uncovers issues that even the owner was unaware of.
READ MORE
In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical.
This is some text inside of a div block.

Will woes and family drama: will drafting, executor responsibilities, and balancing family relationships

In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical. We explore an example case, which is a real eye-opener on the wild ride of wills, family dynamics, and the not-so-simple task of divvying up the goods.
READ MORE
With the aftermath of the COVID-19 pandemic. This article explores the potential areas of litigation that have emerged globally, businesses need to consider.
This is some text inside of a div block.

Legal Landscapes Post-COVID: Navigating Global Challenges for Businesses

As the world grapples with the aftermath of the COVID-19 pandemic, businesses face a myriad of legal challenges. From the financial strain on corporations to the nuances of insurance claims and employment law intricacies, the landscape is evolving. This article explores the potential areas of litigation that have emerged globally, shedding light on crucial aspects for businesses to consider.
READ MORE
Nikah - what this can mean for your relationship property entitlements.
This is some text inside of a div block.

Enforcing a Nikah (an Islamic marriage contract)

If you and your partner intend to enter into a nikah, it is important to consult with a lawyer to advise you of the possible effects and implications of that agreement and your property rights should you and your partner separate. If you and your partner have already separated and you have entered into a nikah, a lawyer can also advise you on what that means for your relationship property entitlements.
READ MORE

Subscribe to receive updates

I would like to receive updates for:
Thank you for subscribing. Your submission has been received!
Oops! Something went wrong while submitting the form. Please try again.
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.
Read more
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.
Read more
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.
Read more
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
Read more
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.
Read more
Commercial Property Due Diligence Issues

Commercial Property Due Diligence Issues

Written by:
Brandon Cullen
Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate.
Read more
To Gift or Not to Gift?

To Gift or Not to Gift?

Written by:
Brandon Cullen
Gift duty was abolished from 1 October 2011 and while the legislative change itself is simple, it has surprisingly complex consequences. The abolition of gift duty has made it possible for individuals to gift assets directly to a trust and it is likely this practice will supplant the former method of selling property to a trust with a gift back.
Read more
Evicting a Commercial Tenant - Know Your Rights

Evicting a Commercial Tenant - Know Your Rights

Written by:
Brandon Cullen
The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rentor some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligationsin an eviction scenario.
Read more
Important changes to Employment Law from April 2011

Important changes to Employment Law from April 2011

Written by:
James Turner
As you may be aware from recent media reports, changes to the Employment Relations Act 2000 (ERA) and Holidays Act 2004 (HA) have now been passed intolaw and, for the most part, came into effect on 1 April 2011.
Read more
Employees Beware!

Employees Beware!

Written by:
James Turner
All too often an employer may claim it had fair grounds for the actions it took to dismiss or discipline an employee, but did so too quickly or used a one sided process, and in doing faces a difficultly in justifying its actions before an Employment Relations Authority. In this article James D Turner, Partner, McVeagh Fleming lawyers, looks at the opportunity for an employer to consider bringing a counterclaim and two recent cases holding employees responsible for their conduct.
Read more