Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Employment Lawyer. Now that 90-day trial periods have changed, what now? Call 377 9966 for a no-obligation chat.
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Employment - 90 Day Trial Periods - Set to be Abolished?

One of the notable law reforms which was touted in Labour's election campaign has been unveiled in the Employment Relations Amendment Bill 2018 ("Bill") - the restriction on the use of the 90 day trial period.
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Auckland Maritime Lawyer. Boat Purchase 101 Part 3. Carry out legal due diligence. Call 377 9966 for a no-obligation chat.
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Boat Purchase 101 - Legal Due Diligence

In the third article in this series we focus briefly on the second limb of due diligence that should be considered when purchasing a vessel namely, legal due diligence.
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Auckland Maritime Lawyer. Buying a Boat 101 Part 2. Do technical due diligence before you committing to your dream boat. Call 377 9966 for a no-obligation chat.
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Boat Purchase 101 - Technical Due Diligence

Buying a boat (or any major asset for that matter) without undertaking due diligence is exactly like reality shows where the participants either get married or go on blind dates with someone they have never met before. Sometimes things pan out and we are stoked for them, but more often than not we sit glued to the television waiting for the inevitable train-wreck to unfold.
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Auckland Commercial Lawyer. Do you know your obligations as a Company Director? Call 377 9966 for a no-obligation chat.
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Section 131: Duty of Directors to Act in Good Faith and in Best Interests of Company

In accordance with Section 131 of the Companies Act 1993 ("Act"), directors have a duty to act in good faith and in what they genuinely believe to be the best interests of the company. While it may be expected that directors should always behave in such a manner, and not place their personal interests ahead of the company's, various judgments have explored the extent of this duty and provided more information about the considerations director should take account of when exercising their powers.
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Auckland Debt Recovery Lawyer. Reduced time limit to make mortgagee claims. Act now if you have a claim to make. Call 377 9966 for a no-obligation chat.
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Reduced Limitation Periods Have Significant Consequences for Mortgagees

Previously, under the Limitation Act 1950 ("the 1950 Act") claims to recover money owing under a deed or mortgage, had to be brought within twelve years of the money falling due for repayment. However under the Limitation Act 2010 ("the 2010 Act"), this has been reduced to a limitation period of six years.
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Auckland Domestic Violence Lawyer. A new ruling gives victims new confidence for personal or child violence. Call 377 9966 for a chat.
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Domestic Violence Case Law Update:

The Court of Appeal has handed down a significant decision that will encourage confidence for victims of domestic violence, who apply to the Family Court for a protection order.
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Auckland Commercial Lawyer. What is the difference between "Best" or "All Reasonable" Endeavours relating to your contracts? Call 377 9966 for a chat
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''Best Endeavours'' or ''All Reasonable Endeavours''

Often in commercial contracts, parties agree that they will use their "best endeavours", their "reasonable endeavours" or their "all reasonable endeavours" to perform certain actions or to achieve a certain outcome. But what do these terms mean in reality? While there are no set definitions and much is dependent on the particular circumstances, we are able to make some practical comments about the requirements of each of these terms so you have a clear idea of what you are agreeing to.
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Auckland Notary Public, Overseas Verification & Witnessing. Call 377 9966 for a no-obligation chat.
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Need a Notary Public?

Ross Bedford (Partner) and Tony Coupe (Consultant) are Notaries Public and both are available, on appointment, to provide notary services.
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Auckland Family Lawyer. What are your rights for Residential Care Subsidy? Call 377 9966 for a no-obligation chat.
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Residential-Care Subsidy Update - Eligibility Improved

The High Court, in Broadbent v The Chief Executive of the Ministry of Social Development [2017] NZHC 1499 (a test case), has told the Ministry of Social Development that it is not correctly applying the means testing assessment for income when determining someone's eligibility for a residential-care subsidy.
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Auckland Commercial Lawyer. Are you guilty of reckless trading? A hands-off director may be at risk. Call 377 9966 for a no-obligation chat.
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Section 135 of the Companies Act - Reckless Trading:

Non-Executive or Passive Directors and Directors' Duties: The Courts Take no Excuses for a "Hands Off" Approach
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Auckland Commercial Lawyer. People agree to be a director without knowing their duties & obligations. Are you at risk? Call 377 9966 for a chat.
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Directors' Duties - What Directors Need to Know

In New Zealand, there are few prohibitions on who can become a director of a company, and no real qualification requirements. This means that some people become directors without actually understanding what their role requires. This can result in a company not being managed and governed as required by the Companies Act 1993 ("Act"), which in turn can lead to a breach of duty, which can have very serious consequences, up to and including personal liability for company debts or even criminal sanctions in the worst of cases.
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When contractors are actually employees – The Uber case and its implications

When contractors are actually employees – The Uber case and its implications

When engaging people as contractors, it's not just the contract label that matters — how the working relationship functions in practice is key. If a contractor is treated like an employee, with significant control exerted over their work and integration into the business, the contractor will 'at law' likely be an employee, and getting this classification wrong can be and often is expensive. Understanding and correctly applying the criteria is essential to avoid legal and financial repercussions.
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Relocation Disputes

Relocation Disputes

Written by:
Kiri Petrie
Niamh Forgie
Considering relocating with your child to a different city or country? It's essential to understand that such a move requires the consent of the other parent. The decision about where a child lives is a significant guardianship matter, and both parents must agree on it.
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Young onset dementia: how to get help and what needs to be in place

Young onset dementia: how to get help and what needs to be in place

Written by:
Fiona Faithfull
Fiona shares her deeply personal journey of caring for her mother, diagnosed with Young Onset Dementia at age 53. At just 29, Fiona navigated the challenges of supporting four generations under one roof, balancing the demands of new motherhood with caregiving responsibilities. She reflects on the emotional and financial strains, the importance of a support network, and the late diagnosis that left many questions unanswered. Fiona's story highlights the enduring power of maternal love and the resilience needed to face such profound life changes.
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Remember to keep your employees in the loop when selling your business

Remember to keep your employees in the loop when selling your business

Selling a business involves balancing confidentiality and transparency with employees, especially under New Zealand employment law. When selling assets, employers must consult with employees before finalising the sale to avoid grievances if jobs are affected.
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Children who Resist, Refuse or Reject a relationship with their Parent

Children who Resist, Refuse or Reject a relationship with their Parent

Written by:
Jackie Dale
Amber Holdaway
Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved. Reaching an agreement about how a child's care will be shared can be challenging and deepen conflict between parents if they do not see eye to eye.
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Boat purchase 101 - Sale and Purchase Agreements

Boat purchase 101 - Sale and Purchase Agreements

Written by:
Forrester Grant
Well-drafted agreements for vessel sales are important, especially for larger, technical vessels. While smaller vessel buyers may see these as unnecessary, written contracts simplify legal disputes. Agreements range from basic contracts to detailed forms like the Norwegian Saleform and should clearly outline terms, transaction processes, and dispute procedures, with common provisions as a standard foundation.
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My Ex is hiding assets from me, what can I do?

My Ex is hiding assets from me, what can I do?

Written by:
Vinnie Kumar
Niamh Forgie
At the end of a relationship, both parties must fully disclose their assets and liabilities to divide their property fairly. If one party withholds information, reaching a fair agreement becomes difficult, and any agreement made could be challenged and possibly overturned later.
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Restructures

Restructures

Whether you're an employer seeking compliance or an employee seeking clarity, this article offers invaluable insights to navigate the process effectively.
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Exceptions to equal sharing of relationship property

Exceptions to equal sharing of relationship property

Written by:
Peter Fuscic
Niamh Forgie
Upon separation, it's usually assumed that relationship property will be divided equally unless there's a prenuptial or premarital agreement. However, if there are special circumstances where equal division isn't fair, the court might order a different division to ensure fairness and justice.
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Winding up your Family Trust

Winding up your Family Trust

Written by:
Brandon Cullen
With recent changes in tax regulations, increased compliance obligations, and rising administrative costs, what used to be relatively simple is suddenly complicated, time-consuming, and expensive. Is it time to simplify your life and wind the damn thing up?
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