Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues.
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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.
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Construction contract disputes
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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.
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After separation, one partner may need financial support while they transition to becoming financially independent.
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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.
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Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often
in a matter of minutes.
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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.
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After separation, one partner may need financial support while they transition to becoming financially independent.
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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.
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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.
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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.
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Business Sales and the Consequences of Misrepresentation. Selling a business demands that owners and agents don't make misrepresentations.
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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.
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Relations Authority (ERA) recently issued a noteworthy determination, awarding in favour of an employee who had endured severe bullying in the workplace.
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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.
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Buying a 'pre-loved' boat/ship (or any major asset for that matter) irrespective of the size without undertaking due diligence is very risky.
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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.
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In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical.
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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.
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With the aftermath of the COVID-19 pandemic. This article explores the potential areas of litigation that have emerged globally, businesses need to consider.
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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.
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Nikah - what this can mean for your relationship property entitlements.
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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.
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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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