Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Covid vaccines for children is a complex issue with health, culture, separated parents, and other factors. Who makes the decision? Ask an Auckland family lawyer
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To Vaccinate or Not: Parental Decisions About Paediatric Covid-19 Vaccination

Parents have the mutual goal of wanting the best for their child. Naturally, there are disagreements as to what "the best" means. A notably difficult decision has arisen in recent years for parents about whether or not their child is going to receive the Covid-19 vaccine. This is a guardianship issue in family law.
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The Green List - NZ's post-Covid overseas staffing options. Can you hire offshore labour for your business? Auckland immigration lawyer gives the answer here.
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The New Zealand immigration Green List - green for go?

In 2020, while the entire world was distressed about Covid-19 and borders were closing, Immigration New Zealand ("INZ") decided to close the tap on skilled migration. A decision was made to suspend the selection of expressions of interest (also known as EOI). The selections normally occurred on a fortnightly basis and would result in a selected candidate receiving an Invitation to Apply for Residence under the Skilled Migrant Category. The suspension remains in place at the time of this article.
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Employers have big problems with staffing. Labour shortages and retention are big issues. An Auckland employment lawyer ahs tips on how to achieve both. Click
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The Great Resignation

You will likely have heard the term "The Great Resignation". Over the last few months we have had a number of clients approach us for ideas and wanting to know how they can set their organisation apart from others in order to retain staff.
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Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!
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Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!

The Fair Trading Amendment Act 2021 ("Amendment Act") has made recent amendments of the Fair Trading Act 1986 with some terms being extended to small business contracts that will come into force on 16 August 2022.
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Do you need skilled staff from overseas? A new Accredited Employer Work Visa may help. We are holding a seminar on June 14 to explain more. Click here.
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Accredited Employer Work Visa - the new visa and what you need to know

Significant changes are coming to the immigration sector in New Zealand, which will have major repercussions on employers who are intending to hire migrants to work in New Zealand. The Accredited Employer Work Visa ("AEWV") is a new temporary work visa being introduced on 4 July 2022. This new visa is one step in the Government's five step plan for reconnecting New Zealand to the world after the Covid-19 pandemic.
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An employer with any number of staff can use a Probationary Period to assess people. You must meet specific criteria to avoid breaking the law. Find out here.
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Probationary Periods

Should we include a probationary period in the employment agreement? As per our previous article, "90 Day Trial Periods", if you have 20 or more employees you cannot include a trial period in an employment agreement, as an alternative, many employers choose to include a probationary period.
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90-Day Trial Periods are for SMEs. They seem simple but there is complexity within the Act. It is easier to break the law than you might think. Click here.
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90 Day Trial Periods

Should we include a trial period in the employment agreement? A trial period is a tool that can be used by employers to find out if an employee is suitable for a role. During the trial period, an employer can dismiss the employee and the employee cannot raise a personal grievance for unjustified dismissal, so long as the trial period is valid. Trial periods if used correctly, are a great tool for employers. However, trial periods are often challenged, so it is essential employers know when to use them and what is required.
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The Fair Pay Agreement Bill will have far-reaching effects on employers and staff across some industry groups. Find out if your sector is affected. Click here.
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The Fair Pay Agreements Bill - What to Expect

On 29 March 2022, Parliament introduced the Fair Pay Agreement Bill ("the Bill") coined to the "biggest shakeup to workplaces in generation coming from government". The Bill has recently passed its first reading. Despite this, a number of people have expressed their reservations with the newly proposed system such as National Party's Paul Goldsmith stating that the Bill may make New Zealand less internationally competitive and add pressure to already stressed businesses.
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As Covid levels and restrictions change, some ongoing issues for employers managing staff and the workplace in general - Auckland employment lawyer. Click here
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Managing the Workplace in the Face of Covid-19

New Zealand is now well and truly in the next stage of its strategy in responding to the Covid-19 global pandemic - learning to live with Covid-19, specifically the Omicron variant, in the community. This will see employers facing a number of new challenges, including the management of large numbers of absences in the workplace and coping with flexible working arrangements.
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The proposed Income Insurance Scheme will have effects for employees and employers. See how you might be affected - Auckland employment lawyer. Click here
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The Proposed Income Insurance Scheme

Last week the New Zealand Government, supported by Business New Zealand and the Council of Trade Unions ("NZCTU"), released a proposal on an income insurance scheme ("the scheme") – one of its biggest reforms since the introduction of ACC in the 1970s. McVeagh Fleming's employment team have summarised the 'need to know' information.
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The Fair Trading Act was been reformed to affect standard form consumer, and small contracts, less than $250k. Do your contracts comply? Click here for details
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Amendments to the Fair Trading Act for Small Trade Contracts

The Fair Trading Amendment Act 2021 - The Fair Trading Amendment Act 2021 ("Amendment Act") was enacted on 16 August 2021. It introduces changes to the Fair Trading Act 1986 ("Act"), some of which have come into effect and others which will come into effect on 16 August 2022.
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Intellectual Property can be a big asset for your business. How do you protect your commercial IP from theft? Click here or call 09 377 9966 for more details.
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Capture and Commercialise - Commercial Exploitation of Intellectual Property Rights

Intellectual Property is an asset that has the potential to be more valuable to your business than tangible business assets and should be protected as much as possible. A famous trade mark or a market leading patent may be of far greater value to a company than its physical assets.
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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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Outdated easements vs modern land use

Outdated easements vs 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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