Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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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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Many businesses collect private data. Under a new Privacy Act, failure to comply can result in $10,000 fine. Property managers & landlords take note. Click here
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The Privacy Act 2020 - Privacy Principle One

The Privacy Act 2020 ("new Act") came into force in 2020, replacing the Privacy Act 1993. The purpose of the new Act was to overhaul New Zealand's existing privacy of personal information regulatory framework and bring it into line with internationally recognised privacy obligations and standards. Section 22 of the new Act sets out 13 information privacy principles ("Privacy Principles"). In this article, we focus on new developments in relation to Privacy Principle 1 ("PP1"), which addresses the purpose of collection of personal information.
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Unpaid debts can be stressful, and affect your business or life. How can you recover money owed to you? Click here or call 09 377 9966 for more help.
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Debt Recovery and Enforcement

This article serves to inform the procedural and legal methods and issues related to debt recovery.
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Bonuses and Holiday Pay Calculations

The Court of Appeal recently released a decision Metropolitan Glass & Glazing Limited v Labour Inspector Ministry of Business, Innovation and Employment [2021] NZCA 560 reversing an earlier ruling of the Employment Court regarding short-term incentive payments under the Holidays Act 2003.
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Has New Zealand Finally Been Ordered to Allow Freedom of Movement?
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Has New Zealand Finally Been Ordered to Allow Freedom of Movement?

In response to the Covid-19 pandemic, the Government issued the Covid-19 Public Health Response (Isolation and Quarantine) Order 2020 ("IQ Order") in September 2020. Most kiwis are well aware of the IQ Order, and understood it to mean that if we leave New Zealand, we will be required to self-isolate at a managed isolation facility for 14 days upon our return (until the announcement last week confirming a shortening of the managed isolation period for residents returning to NZ after 14 November 2021).
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Commercial rent reductions may be possible due to Covid. If you have no access to your premises, changes in property law and leases may allow for this. Ask us.
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Proposed Changes to the Property Law Act 2007 - Mandatory Rent Reduction For All Commercial Leases During Lockdown

The Government has moved very fast to make significant changes to the law around commercial leases. The proposed changes would allow all commercial tenants, including business owners of all sizes, whether or not they have suffered material financial losses, a rent reduction for the period of 'no access' to their premises as a result of the current Covid-19 lockdown.
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Start-ups or existing firms can use Fintech. For software, apps, programs, banking, business models, click and collect, etc. Six key Acts and law to understand
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Creating a FinTech Business? Here Are Some Issues to Look Out For

Technological innovation in the financial services sphere has enabled financial institutions to adopt and use Financial Technology ("FinTech") to improve or allow for more effective or efficient provision of financial services. FinTech often involves innovation - new business models, applications, processes, and products or new ways of delivering those products. It includes computer programs, apps and other technology used to support or enable banking and financial services. FinTech businesses cater for a wide range of consumer needs; including online banking, obtaining financial advice, personalised investment portfolios, cash transfers, and share trading platforms. Successful FinTech businesses such as PayPal and AfterPay have become household names.
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Lenders must make sure of the Suitability and Affordability to borrowers in new credit contracts. The new regulations are complex. We can help SME lenders.
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Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

On 1 October 2021, the long anticipated Credit Contracts and Consumer Finance (Lender Inquiries into Suitability and Affordability) Amendment Regulations 2020 ("Regulations") came into effect after being passed into law by the Government in November last year. The changes are well-intentioned, with the purpose being to tackle high-cost consumer loans and minimise borrower hardship that had been well documented in recent Ministry of Business, Innovation and Employment inquiries into mobile trading. However, like all regulation, there is a trade-off, and these highly prescribed regulations place a significant compliance burden on responsible lenders, particularly small and medium enterprises.
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Do your building contracts cover you for Covid implications and effects for Principals, Engineers, and Contractors? See an Auckland construction dispute lawyer
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NZS3910:2013 Covid-19 Conditions

The Principal, the Contractor and the Engineer had to navigate through the general and specific conditions of their NZS3910:2013 contracts in regards to variations, extensions of time and payment claims for the Covid-19 lockdown period.
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Travelling for shared childcare has a range of rules and conditions. Check with an Auckland or a Manukau family lawyer to avoid disappointment
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Travel From Level 3 to Level 2 for Shared Care as of 11.59 pm 28 September 2021

At 3.00 pm on 28 September 2021, the Government announced changes to travel during the current Alert Level 3. Travel across the border from Level 3 into Level 2 has been strictly limited, but the new rules that take effect at 11:59 pm tonight (28 September 2021) now permit travel across the border if one or more of the following situations applies to you:
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Separation is always hard but under lockdown, it is more difficult being in the same house. Talk to an Auckland or Manukau family lawyer for help
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What are my Options if I Wish to Separate From my Partner During Alert Level 4 Lockdown?

The combination of isolating within one bubble along with additional financial stress, changes to childcare and working from home can bring personal relationships closer or unfortunately, push them apart. Breakdowns in personal relationships can add an additional layer of stress to an already difficult situation. However, it is important to remember that help is available.
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For childcare, domestic violence, separation, relationship property, adoption, IVF and family matters, under Covid talk to an Auckland or Manukau family lawyer
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How to Deal With Family, Safety and Personal Matters During Uncertain Times - What we can do to Help

The Covid-19 Delta Variant Lockdown has created uncertainty and anxiety for many and has significantly impacted family dynamics, particularly in Auckland where Alert Level 4 is still ongoing. It is important to remember that help is available and at McVeagh Fleming, we are working remotely to provide you with an array of family law services. Our team have a range of experience and can provide pragmatic advice, tailored to your personal situation.
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Supporting Licensed Immigration Advisers: How McVeagh Fleming can help

Supporting Licensed Immigration Advisers: How McVeagh Fleming can help

If you are a Licensed Immigration Adviser (LIA), you work tirelessly to guide your clients through New Zealand’s complex immigration system. But when legal challenges arise, having the right support is essential. McVeagh Fleming offers tailored services to help you stay compliant, protect your practice, and navigate legal complexities with confidence.
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New departure rules for those planning an overseas voyage

New departure rules for those planning an overseas voyage

Written by:
Forrester Grant
If you're a New Zealand yacht or boat owner planning to sail overseas, a new certification process is now in place. This change introduces new assessment steps, limited inspection locations, and strict application timeframes. With processing queues and only three approved assessment sites—Auckland, Kerikeri, and Nelson—it's crucial to start the application process at least 3 to 6 months in advance to avoid delays.
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The risks of providing a guarantee

The risks of providing a guarantee

Written by:
Hamish Coupe
Shannon Lawrence
Providing a guarantee for someone else’s financial commitments can expose you to serious legal and financial risks. Before agreeing, ensure you understand the potential consequences - especially if you won’t directly benefit or lack full visibility and control over the obligation.
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Active Investor Plus Visa – Announced changes

Active Investor Plus Visa – Announced changes

Written by:
Arran Hunt
On 9 February 2025, the Prime Minister announced changes to the Active Investor Plus Visa (AIPV) category, a visa type created to attract wealthy migrants to consider moving to New Zealand. Such visas have existed since at least 2010, but the government has seen the need to change it.
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Deck the halls, not the paperwork: Legal help for holiday travel

Deck the halls, not the paperwork: Legal help for holiday travel

If you're traveling to New Zealand to visit loved ones this holiday season and need a visa, consider engaging a lawyer to avoid delays or complications. Many travelers rely on third-party agencies for their applications, but this often leads to costly mistakes. To help you navigate the process smoothly, we’ve prepared a guide to ensure everything is handled correctly from the start.
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Seventh Edition Deed of Lease: Key updates

Seventh Edition Deed of Lease: Key updates

Written by:
Brandon Cullen
Shannon Lawrence
If you work in the commercial property sector - involving retail shops, office buildings, industrial facilities, or hospitality venues - you’ll want to know about the latest updates to the ADLS Deed of Lease ('DOL'). Released on 27 November 2024, the Seventh Edition introduces significant changes to reflect the evolving commercial landscape of the past decade.
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How do you get divorced in New Zealand?

How do you get divorced in New Zealand?

In New Zealand, to legally end your marriage or civil union (divorce), you must apply to the Family Court for a Dissolution Order. Until a final order dissolving a marriage or civil union has taken effect, parties to a marriage or civil union cannot enter into another marriage or civil union.
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6 tips for Partnership Visa Applications

6 tips for Partnership Visa Applications

The financial and emotional costs associated with visa applications make the stakes high. So, to help you navigate the process, we’ve compiled our top six tips for applying for partnership-based visas.
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Immigration changes to help those buying a business

Immigration changes to help those buying a business

Written by:
Arran Hunt
In a welcome move for business owners, Immigration New Zealand (INZ) has revised its policies to make it easier for those buying businesses to keep their existing workforce. From 6 November 2024, this change will streamline the process for Accredited Employer Work Visa (AEWV) holders, reducing delays and red tape that previously made it difficult for new business owners to retain valued migrant staff.
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A Donkey, an Elephant, or New Zealand

A Donkey, an Elephant, or New Zealand

Written by:
Arran Hunt
There is no doubt that 5 November 2024 will lead to someone being appointed as the most powerful person in the world. While we won't be trying to assume who will win, we do know that, on that day, about half of the population in the USA is likely to be disappointed with the result. That is why we wanted to raise a third option. We'll cover a few differences that people may experience by moving to New Zealand, as well as some of the immigration options that may be open to you.
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