Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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The government is extending the availability of 90-day trial periods to all employers. This is a great time to ensure your employment agreements are up to date.
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Ensure your employment agreements are up to date

The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount.
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Empowering passengers: Exploring consumer rights regarding late departures in transportation services

In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount. Late departures by trains, buses, flights, and other means of transportation have become a common concern for consumers around the world. The rights of consumers when faced with tardy departures are not to be taken lightly.
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There are a few rules you need to be aware of. We have set out some scenarios below, and the most commonly asked questions.
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Closing down over Christmas and managing annual leave

The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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This article discusses the importance of property owners in New Zealand reviewing their insurance coverage, especially given widespread flood damage.
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Is your property adequately insured?

This article discusses the importance of property owners in New Zealand reviewing their insurance coverage, especially in the aftermath of widespread damage caused by weather events in 2023. The focus of this article is on the often-overlooked aspects of insurance related to land and potential complications arising from natural hazards.
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Identify key changes, review your society's rules, draft a new constitution, advice on re-registration, or organisational structure - we offer guidance.
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Incorporated societies: Key changes and compliance

With approximately 24,000 incorporated societies in New Zealand, ranging from substantial business-like entities to modest sporting clubs, the Incorporated Societies Act 2022 ("New Act") influence is far-reaching. Regardless of size, all incorporated societies will be affected, so it is crucial to understand and prepare for the implications of the New Act to avoid potential consequences for non-compliance.
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Banks are tightening their lending requirements, prompting many buyers to explore alternative options like second-tier lending. Mezzanine.
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Second-Tier Lending: Understanding the Fine Print

In today's financial landscape, banks are tightening their lending requirements, prompting many buyers to explore alternative options like second-tier lending. Mezzanine financers and other last-resort money lenders can provide vital financial support, but it's crucial to approach these agreements with caution and a clear understanding of the fine print. After all, surprises are for birthdays, not loan agreements!
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Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality.
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Medical incapacity of an employee

Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality. Determining when to draw the line on a long-term illness and how long to keep a job open for a sick employee is a challenging task shaped by case law intricacies. Employers are not expected to hold a position indefinitely but they must follow a fair process before terminating an employee’s employment.
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Protecting assets has become important for modern relationships, with the growing importance of prenuptial agreements in safeguarding individual interests.
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The importance of Prenuptial Agreements has increased

Protecting assets has become an integral aspect of modern relationships, with the growing importance of prenuptial agreements for safeguarding individual interests. In June 2023, the New Zealand Supreme Court issued a significant ruling in the case of Sutton v Bell, which centered on Sections 44 and 26 of the Property (Relationships) Act 1976 ("PRA"). This decision marks a pivotal shift in the interpretation of key legal provisions governing property rights in relationships.
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If you're in the process of purchasing a property in Auckland, it's crucial to be aware of the potential limitations that may come with an agent-provided LIM.
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Buyer Beware: The Limitations of Agent-Provided LIMs

Obtaining a LIM is a crucial step for prospective property buyers, but with the cost of a LIM being around $400 and with many real estate agents offering LIMs at no cost, it can be tempting to rely on their convenient provision. However, it's crucial to be aware of the potential limitations that may come with an agent-provided LIM.
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Succession, once a straightforward process, is now akin to navigating a minefield. The need for careful consideration and expert advice has never been greater.
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Family Business & Succession Wars!

Succession, once a straightforward process, is now akin to navigating a minefield. With children seeking to cash in on their beneficial interests or shareholdings to fuel their own ventures, the need for careful consideration and expert advice has never been greater.
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This article discusses the upcoming New Zealand General Election and highlights the political parties' campaign promises.
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The Impact of the Upcoming Election on Employment Law in New Zealand

We are fast approaching New Zealand's General Election, and the nation's political parties have hit the campaign trail with their visions for the country. Changes are expected not only in the political sphere but also in employment and workplace relations. This article discusses the political parties' campaign promises and provides an overview of some of the parties' plans for the future, with a note that the list is not exhaustive
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The significance of insurance in the context of purchasing a home cannot be overstated. Our property lawyers are well-equipped to assist you.
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Insurance when buying a home

The significance of insurance in the context of purchasing a home cannot be overstated. It is not only a critical component but also a mandatory one when seeking financial assistance from lenders for a home purchase. Lenders need proof of adequate and appropriate insurance coverage before approving a loan drawdown.
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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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