Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Many Kiwis returning to NZ may have an overseas pre-nup. It may not be valid under NZ law so have it checked by an Auckland relationship property lawyer.
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Is Your Overseas 'Pre-Nup' Valid in New Zealand?

If you or someone you know has signed a Prenuptial Agreement, Premarital Agreement, Antenuptial Contract or Contracting Out Agreement in a country outside of New Zealand, then you/ they should find out if and how that Agreement applies in New Zealand. Irrespective of where these types of documents are signed, they generally have a similar purpose; that being to determine the status, ownership and value of assets at the start and end of a couple's relationship. But, are they valid when you have moved away from the country of signing?
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New Act for workplace personal grievance (PG) includes contractors, third-parties and employers. Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Workplace Personal Grievance Options Expanded Under New Law - Employment Relations (Triangular Employment) Amendment Act 2019

On 27 June 2020 the Employment Relations (Triangular Employment) Amendment Act 2019 ("the Act") came into force. The Act aims to provide protection to those in triangular employment relationships. Typically, a triangular relationship exists where a person is employed by a labour hire company/recruitment agency, and works under the control and direction of another entity (a controlling third party).
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Can you assign a contract with the benefits or is it novation with more risk? Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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What is the Difference Between Assignment and Novation?

Assignment of contracts is a fairly common practice in the business world. In an assignment, the person assigning the contract - the "Assignor" - assigns the benefits of the contract the Assignor holds to a new person (the "Assignee") who takes the benefit of that contract "the Assignee". Some contracts may expressly prohibit assignment and some contracts provide that a contract may not be assigned without the consent of the other party. If a contract has no provision relating to assignment, then the general rule is that it may be assigned, with a few exceptions.
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How will the new Privacy Act affect you? Mandatory reporting means firms must update privacy policies. Call Auckland 377 9966, Manukau 262 0330, North Shore 415
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Navigating New Zealand's New Privacy Arena

In a world that is placing an increasing reliance on technology and value in data, it is hardly surprising that New Zealand's outdated Privacy Act 1993 ("Act") is scheduled to be replaced on 1 December 2020 in its entirety by the Privacy Bill ("Bill") which is currently making its way through the final stages of Parliament.
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Covid-19 caused payment problems for many firms. Debt Hibernation gives protection from creditors .Call Auckland 377 9966, Manukau 262 0330, North Shore 415 447
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Business Debt Hibernation - or Buying Time to Calm the Wolves at the Door

Introduction - This article highlights an important but little-noticed piece of New Zealand legislation hurriedly prepared and enacted in response to the Covid-19 pandemic. The Business Debt Hibernation scheme was created to help companies, partnerships, trusts, or incorporated societies established before 3 April 2020 to cope with and manage certain existing debts where those entities are unable to immediately pay those debts due to the impact of Covid-19, but where their prospects of payment in the future are much better.
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Firms are under pressure to reduce staff numbers. Redundancy must follow strict laws to be legal. Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Reducing the Size of Your Staff?

In the current Covid-19 environment we are seeing a significant increase in the number of redundancies. We have set out briefly below a few points to bear in mind if you are thinking about making roles redundant.
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Covid-19 brought new Health and Safety for the construction industry. Are you compiant? Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Health and Safety Protocols for the Construction Industry - Covid-19 Alert Level 2

There is an important update on the health and safety requirements in the construction sector we wish to share with you if you have not yet been updated. Over the last few weeks, the situation with Covid-19 in New Zealand has noticeably improved. However, it is too soon to celebrate, and there is no room for complacency as we will still be under Covid-19 Alert Level 2, starting this Thursday 14 May 2020. It will remain critical, perhaps more than ever, for everyone in the construction industry to take all necessary steps to keep the virus under control until we are down to Alert Level 1.
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If you are offering credit, will you get paid? A Personal Guarantee might be the answer. Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Obtaining an Enforceable Guarantee

There are many circumstances where businesses might give credit – even without formally doing so. Providing goods or performing services in advance of full payment is extremely common, but if a company or sole trader you are dealing with has financial problems or a poor credit history, then you may not get paid.
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Manukau, Auckland contract lawyer, electronic signing of contracts is useful any time if the parties are far from their lawyer but in Covid-19 it is a vital too
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Electronic Signing of Contracts

Part 4 of the Contracts and Commercial Law Act 2017 ("CCLA") provides that, with some few exceptions, where a signature is required by law (including to conclude a contract) you can sign that document electronically provided certain conditions are met. An electronic signature is defined in the CCLA as a method used to identify a person and to indicate that person's approval of that information.
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Auckland & Manukau leasing lawyer. Tenants have problems making rent payments. What are the issues for commercial property leases and tenancies due to Covid-19
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Leasing in a Post-Pandemic World

A New Normal - The impacts of the Covid-19 virus have been felt the world over and have pushed businesses to their limits. Parties on each side of a lease have been left with the job of negotiating through untested and uncertain lease clauses in a time where the support being offered by Government has been unclear and anyone who did hold insurance is discovering that 'pandemics' and 'infectious diseases' are a common policy exemption.
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Manukau, Auckland construction contract lawyer. What are the liabilities, obligations and options for completion of works issues for builders due to Covid-19
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Construction Contracts: Contractual Framework for Navigating Through Covid-19 Alert Level 4 (NZS 3910:2013, NZS 3915:2013, NZS 3916:2013 & NZS 3902:2004)

Parties to construction contracts, especially those contractors (and subcontractors) who are engaged to carry out particular contract works by an agreed due date for completion, may be exposed to penalties or "liquidated damages" if unable to carry on or complete those works during the Covid-19 Alert Level 4 lockdown.
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Auckland family trust lawyer, Manukau trusts lawyer. Changes to Family Trusts, their administration and Trustees' obligations. See how it affects you
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A time to reflect on estate/trust matters

The current 'lockdown' is unprecedented. In times like these your first priority is to ensure you take care of yourselves, friends and family. However, while it is important to protect those close to you, you should also give consideration to the protection of your assets. Accordingly, it may be an opportune time to review your current estate planning to ensure everything is 'as you would like' and, if you have a trust, to make sure that it aligns with the provisions of the Trusts Act 2019 ("the Act") which was enacted this year but comes into force at the beginning of 2021.
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Matters To Consider Before You Sign An Agreement To Lease

Matters To Consider Before You Sign An Agreement To Lease

Written by:
Brandon Cullen
The leasing market is ever changing. Many would argue the current economy to favour tenants – there are a myriad of vacant properties currently available,and a definite lack of (quality) prospective tenants available. Many tenants are looking to down size, if not liquidate, leaving landlords ("LLs")in the unenviable position of being forced to consider short term and stop gap solutions for their own cash flow purposes. Enter the commercialreal estate agent, armed with an agreement to lease ("ATL") .... but beware, both LL and tenant, once signed the ATL will legally bind you tothe terms specified and your lawyer will be unlikely to be able to re negotiate your lease. It is important – if not critical – therefore, thatboth sides fully consider the ATL in detail before signing such. A few key considerations are as follows:
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Purchasing An Interest In A Retirement Village: What You Need To Know

Purchasing An Interest In A Retirement Village: What You Need To Know

Written by:
Andrew Knight
Purchasing an interest in a retirement village is not like purchasing a residential property. There is an ongoing relationship between the village operator and the resident which is governed by the terms and conditions set out in what is called an "Occupation Right Agreement".
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International Alliance Of Law Firms

International Alliance Of Law Firms

Written by:
Andrew Knight
McVeagh Fleming is a member of a global network of highly respected law firms called Ally Law (formerly the International Alliance of Law Firms. When our clients need legal assistance outside of our jurisdiction, we refer and work closely with other Ally Law firms to ensure that our clients receive the best legal advice and service possible. Ally Law has firms in most of the major financial centres of the world. If you would like to learn more about Ally Law please contact John Woolley or view the Ally Law website at www.ally-law.com.
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Dispelling Some Of The Myths About Property Division On Separation

Dispelling Some Of The Myths About Property Division On Separation

Written by:
Peter Fuscic
Most people who have been through a separation would agree that it is a difficult and stressful time. This can be exacerbated when there is confusion or misunderstanding about what property is classed as relationship property and what property is classed as separate property. The Property (Relationships) Act 1976 (“the Act”) provides a code for how property is to be divided on separation for couples who are married, in a civil union partnership or de facto/same sex relationship.
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When old easements or covenants block modern land use

When old easements or covenants block modern land use

Written by:
George Steyn
For property developers, investors, and landowners in New Zealand, old easements or covenants can be more than just lines on a title - they can be roadblocks to progress. Recent court decisions under the Property Law Act 2007 are reshaping how and when these changes can be made, making it essential to understand the rules before you buy, build, or plan your next project.
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Setting Aside a Statutory Demand: Get Service Right or Face the Consequences

Setting Aside a Statutory Demand: Get Service Right or Face the Consequences

They say you shouldn’t break up with your boyfriend or girlfriend via text…but why not? In the case of Templeton UQ Limited v Watts & Hughes Limited, Templeton's application was served via email, a method not permitted under the Companies Act 1993. As a result, the application was struck out, demonstrating the critical importance of following prescribed service methods. These are both examples of when you fail to communicate appropriately, things don’t go well!
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Newsletter: April 2024

Newsletter: April 2024

Written by:
McVeagh Fleming Newsletter: April 2024. Curated information and articles from the recent past.
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Empowering Survivors: Understanding Legal Dynamics in Abusive Relationships

Empowering Survivors: Understanding Legal Dynamics in Abusive Relationships

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Navigating land subdivision: Early legal expertise to avoid unwanted stress, complexity, and cost

Navigating land subdivision: Early legal expertise to avoid unwanted stress, complexity, and cost

In the realm of subdivisions, early legal consultation can be a game-changer. This article delves into the critical importance of involving a lawyer from the get-go.
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