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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I was excluded from a Will, what can I do?

I was excluded from a Will, what can I do?

If one of your loved ones has left you out of their Will or you believe that their Will is unfair or their Will did not adequately provide for you, you may be able to make a claim under the Family Protection Act 1955 (the FPA) against their estate.
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Land covenants: the ability to amend to reflect modern developments

Land covenants: the ability to amend to reflect modern developments

This article explores the legal principles surrounding land covenants, focusing on a case where a developer sought to modify a land covenant that restricted the number of dwellings on their property. The Court ultimately agreed to modify the covenant, determining that no substantial injury would result to neighboring property owners and the change reflected modern development demands.
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Occupation rent after separation

Occupation rent after separation

Occupation rent is a legal mechanism that can come into play when a couple separates, and one person continues living in the family home while the other moves out. It is designed to ensure fairness, especially if the remaining party benefits from sole access to the home.
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What's hiding in the Terms of Trade? A Customer Perspective on GSAs

What's hiding in the Terms of Trade? A Customer Perspective on GSAs

Written by:
Hamish Coupe
When entering relationships with new suppliers, it’s essential to carefully review the terms of trade, especially if they include a General Security Agreement (GSA). While a GSA can offer credit benefits, it also carries significant risks, potentially leading to receivership if payment issues arise. Understanding these terms is crucial to protecting your business.
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Employee v Contractor Status Disputes – A New Law But Old Problems?

Employee v Contractor Status Disputes – A New Law But Old Problems?

The government has announced its plan to amend the Employment Relations Act 2000 by introducing a new legislative test that aims to prevent workers from challenging their status as an independent contractors and claiming that they are employees.
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Navigating mental capacity loss without Enduring Powers of Attorney (EPA): What you need to know

Navigating mental capacity loss without Enduring Powers of Attorney (EPA): What you need to know

Many people assume their family will automatically be able to make decisions for them if they lose mental capacity, but without Enduring Powers of Attorney (EPA) in place, that’s not the case. If you lose mental capacity without an EPA, decisions regarding your personal welfare or property must go through the Family Court.
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Legal due diligence when purchasing a boat

Legal due diligence when purchasing a boat

Written by:
Forrester Grant
When purchasing a boat, legal due diligence is crucial to ensure a smooth transaction and avoid potential pitfalls. This process primarily focuses on confirming that the seller has clear legal ownership of the vessel and that there are no hidden charges, such as mortgages or liens, which could surface after the purchase. In this article, we outline the key legal considerations to help buyers safeguard their investment.
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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.
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