Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
iPhone mockup
'Insuring' Your Relationship Property
This is some text inside of a div block.

'Insuring' Your Relationship Property

Section 21 of the Property (Relationships) Act 1976 ("the Act") allows for parties to essentially 'contract out' of the Act and determine how the relationship property would be divided on the off-chance that you and your partner separate.
READ MORE
Auckland Commercial, Insolvency Lawyer. Directors held liable for wreckless trading and received very heavy fines. Call 377 9966 for a no-obligation chat.
This is some text inside of a div block.

Mainzeal: Reckless Trading

In Mainzeal1 the former directors were held liable for a breach of section 135 of the Act. Richard Yan, (who was the founder and main shareholder of Mainzeal's parent company, Richina Pacific) was ordered to pay compensation of $36M. Each of the other directors (Shipley, Tilby and Gomm) were held liable to contribute $6M each towards that $36M.
READ MORE
Financial Advisers Must Comply With new Code of Professional Conduct From mid-2020
This is some text inside of a div block.

Financial Advisers Must Comply With new Code of Professional Conduct From mid-2020

The Minister of Commerce and Consumer Affairs has released the content of a new Code of Professional Conduct for Financial Advice Services that should come into effect in mid-2020. The Code will require those persons who provide regulated financial advice to retail clients to meet certain standards of professional conduct, and will follow the commencement of the Financial Services Legislation Amendment Act 2019 ("FSLA").
READ MORE
Consumer Affairs Lawyer, Retailers Fined, Misleading Claims. Protect yourself and do not fall foul of the law. Seek advice. Call 377 9966 for a chat.
This is some text inside of a div block.

Heavy Fines Given to Retailers for Misleading Consumers

Recent decisions of the District Court highlight the need for businesses to adhere to the Fair Trading Act 1986 ("FTA") and not mislead their customers, particularly if their customers are 'consumers' under the Consumer Guarantees Act 1993 ("CGA"). Both decisions involved prosecutions by the Commerce Commission against high profile retailers and resulted in substantial fines being awarded against these retailers.
READ MORE
Auckland Data Protection Lawyer. How does the EU GDPR affect NZ businesses? Advice with compliance. Call 377 9966 for a no-obligation chat
This is some text inside of a div block.

GDPR Compliance for New Zealand Businesses

The General Data Protection Regulation (GDPR) came into force on 25 May 2018. Even though this is a European Union regulation, it potentially has significant implications for New Zealand businesses. Technology has enabled New Zealand businesses to operate on a truly global scale and businesses collect, process and use data from all corners of the world.
READ MORE
Auckland Intellectual Property Lawyer. IT can be easy to replicate so you need to protect your IP. Call 377 9966 for a no-obligation chat.
This is some text inside of a div block.

If Technology is Your Business, Protect It

Many modern businesses consist primarily of technology in the form of intellectual property. Although they may own physical assets and employ staff (though they are more likely to be engaged as contractors) the real value in the business sits almost wholly in the intellectual property developed.
READ MORE
Auckland Employment Lawyer. Is your busines compliant with Employment Agreements? Will you incur a $1,000 infringement?. Call 377 9966 to find out
This is some text inside of a div block.

From 6 May 2019 Infringement Offence For Employers Not to Have Individual Employment Agreements Recorded in Writing

From 6 May 2019 employers who have failed to record their individual employment agreements in writing will be liable for an infringement offence under the Employment Relations (Infringement Offences) Regulations 2019.
READ MORE
Auckland Domestic Violence Lawyer. Legal protection in the workplace for victims. Your rights. Call 377 9966 for a no-obligation chat.
This is some text inside of a div block.

Domestic Violence - Victims' Protection Act 2018 - Rights and Obligations

The Domestic Violence - Victims' Protection Act will come into effect on 1 April 2019. The legislation aims to enhance legal protections in the workplace for people affected by domestic violence by helping victims to stay employed and addressing discrimination stemming from domestic violence in the workplace. The Act brings a normally private matter into the working domain.
READ MORE
Auckland Domestic Violence Lawyer. Help with applying for a Protection Order. Call 377 9966 for a no-obligation chat.
This is some text inside of a div block.

Applying for a Protection Order

When you apply for a Protection Order you are applying to be protected from violence and harm caused by another person to you. To qualify you must be or have been in a domestic relationship with the violent person ("the respondent"): ie have been in a close and personal relationship, are the parents of, related to through blood or marriage, etc.
READ MORE
Auckland, North Shore Estate Lawyer. Make a will at any age, even if you don't think you need one. It can save problems later. Call 377 9966 for a chat.
This is some text inside of a div block.

Wills

Planning Ahead: Need to make a Will even if you don't think you do?" But I don't have any assets yet" is a common response when making a Will is suggested to twenty-somethings. There is a misconception, among young people in particular, that in order to make a Will, you should have already built up a sizeable asset base. While you may not own a home or have a large un-cracked nest egg, you will almost certainly have a number of assets to protect, including:
READ MORE
Auckland Child Adoption Lawyer. Can you adopt? What is the process? Some Guidelines. Call 377 9966 for a no-obligation chat.
This is some text inside of a div block.

More Than a Stork Drop - Adopting a Child in New Zealand

If you, or someone you know, are hoping to adopt a bundle of joy into the family, there is, of course, more to the process than a fly-by stork drop. The Adoption Act 1955 sets out each step to becoming an adopted child's legal guardian.
READ MORE
Auckland Employment Lawyer, Employment Relations Act Changes. What are your obligations as an employer? Call 377 9966 for a no-obligation chat.
This is some text inside of a div block.

Employment Relations Amendment Act 2018

Employment law can be a bit of a "political football", and with each new government one may expect changes to the Employment Relations Act 2000 ("Act"). Honouring that tradition, the new Labour and NZ First Government passed the Employment Relations Amendment Act 2018 on 5 December 2018. The Amendment Act strengthens union and employee rights at the expense of employer rights, including abolishing use of the 90-day trial period by employers with 20 or more employees.
READ MORE

Subscribe to receive updates

I would like to receive updates for:
Thank you for subscribing. Your submission has been received!
Oops! Something went wrong while submitting the form. Please try again.
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more