Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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'Insuring' Your Relationship Property
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'Insuring' Your Relationship Property

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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Auckland Commercial, Insolvency Lawyer. Directors held liable for wreckless trading and received very heavy fines. Call 377 9966 for a no-obligation chat.
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Mainzeal: Reckless Trading

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

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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Consumer Affairs Lawyer, Retailers Fined, Misleading Claims. Protect yourself and do not fall foul of the law. Seek advice. Call 377 9966 for a chat.
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Heavy Fines Given to Retailers for Misleading Consumers

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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Auckland Data Protection Lawyer. How does the EU GDPR affect NZ businesses? Advice with compliance. Call 377 9966 for a no-obligation chat
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GDPR Compliance for New Zealand Businesses

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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Auckland Intellectual Property Lawyer. IT can be easy to replicate so you need to protect your IP. Call 377 9966 for a no-obligation chat.
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If Technology is Your Business, Protect It

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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Auckland Employment Lawyer. Is your busines compliant with Employment Agreements? Will you incur a $1,000 infringement?. Call 377 9966 to find out
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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 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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Auckland Domestic Violence Lawyer. Legal protection in the workplace for victims. Your rights. Call 377 9966 for a no-obligation chat.
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Domestic Violence - Victims' Protection Act 2018 - Rights and Obligations

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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Auckland Domestic Violence Lawyer. Help with applying for a Protection Order. Call 377 9966 for a no-obligation chat.
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Applying for a Protection Order

When you apply for a Protection Order you are applying to be protected from violence and harm caused by another person to you. To qualify you must be or have been in a domestic relationship with the violent person ("the respondent"): ie have been in a close and personal relationship, are the parents of, related to through blood or marriage, etc.
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Auckland, North Shore Estate Lawyer. Make a will at any age, even if you don't think you need one. It can save problems later. Call 377 9966 for a chat.
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Wills

Planning Ahead: Need to make a Will even if you don't think you do?" But I don't have any assets yet" is a common response when making a Will is suggested to twenty-somethings. There is a misconception, among young people in particular, that in order to make a Will, you should have already built up a sizeable asset base. While you may not own a home or have a large un-cracked nest egg, you will almost certainly have a number of assets to protect, including:
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Auckland Child Adoption Lawyer. Can you adopt? What is the process? Some Guidelines. Call 377 9966 for a no-obligation chat.
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More Than a Stork Drop - Adopting a Child in New Zealand

If you, or someone you know, are hoping to adopt a bundle of joy into the family, there is, of course, more to the process than a fly-by stork drop. The Adoption Act 1955 sets out each step to becoming an adopted child's legal guardian.
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Auckland Employment Lawyer, Employment Relations Act Changes. What are your obligations as an employer? Call 377 9966 for a no-obligation chat.
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Employment Relations Amendment Act 2018

Employment law can be a bit of a "political football", and with each new government one may expect changes to the Employment Relations Act 2000 ("Act"). Honouring that tradition, the new Labour and NZ First Government passed the Employment Relations Amendment Act 2018 on 5 December 2018. The Amendment Act strengthens union and employee rights at the expense of employer rights, including abolishing use of the 90-day trial period by employers with 20 or more employees.
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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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