Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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If there is an issue with a sale or purchase near settlement, the seller or vendor can claim. It needs careful expert action. Call an Auckland property lawyer
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ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

If the purchaser discovers a defect with the property or breach of the sale and purchase agreement by the vendor just days before settlement is due, what can the purchaser and vendor do in that situation? Can the vendor force settlement? Should the purchaser be allowed to claim a reduction in the purchase price? The claim for compensation provisions were designed to achieve both objectives, requiring settlement to occur subject to some adjustment of the purchase price payable on settlement.
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Market share, efficiencies, financial strength are all reasons for a merger or acquisition (M & A). An Auckland mergers lawyer can advise on timing and action
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Mergers and Acquisitions can give your company a competitive advantage, but when is it the right move?

Mergers and acquisitions ("M&A") are often used as critical methods for expansion. Some companies may plan successful M&A strategies such as using good economic times to strengthen their finances (paying down debt and accumulating cash reserves), and when a recession or slowdown comes, buying at low valuations.
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A new Act has big changes for Committee Members of Incorporated Societies. From sports, & music, to community & hobby groups. Go here to see if you are affected
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Changes to the Incorporated Societies Regime - it's time to review your constitution

The new Incorporated Societies Act 2022 ("Act") received Royal Assent on 5 April 2022, in replacement of the Incorporated Societies Act 1908 ("old Act") and is coming into force in stages. The Act significantly changes governance and accountability obligations for incorporated societies. Re-registration under the new Act is required for all existing incorporated societies to continue to exist.
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If family members become ill, or incapacitated, making financial or health decisions for them is difficult. Auckland enduring power of attorney lawyer for help.
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Enduring Power of Attorney

No matter your age, it is essential that all adults have in place lawful and enforceable Enduring Powers of Attorney ("EPA"). Sudden accidents or illnesses affecting your metal capacity can happen unexpectedly, and if the time comes that you require an EPA and you have not already set one up, it will be too late.
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Many firms employ contractors but those people can actually be regarded as employees. This affects the employer. Read the views of an Auckland employment lawyer
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Do You Have Independent Contractors and Do You Work in the Construction Industry?

The construction industry often engages independent contractors, rather than employees. There is clearly a need for contractors in the industry, but in some situations, contractors are engaged because they are often seen as easier to engage than employees. This is often because a company can end a contractor's contract by giving notice, contractors do not receive annual leave or sick leave and are not entitled to minimum wage.
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Can employers make staff take annual leave during closures like lockdowns? Can they reclaim their wages? An Auckland employment lawyer explains your obligations
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Requiring Employees to Take Annual Leave

The Employment Court recently issued a decision relating to whether employers were entitled to require employees to take annual leave during the Covid-19 lockdown in April 2020. Three employees brought a case against Carter Holt Harvey LVL Limited ("the Company") after the Company told staff that they would need to take eight days leave during the lockdown in April 2020.
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Exploiting migrants in the workplace is too common, as bad employers take advantage of immigrant workers. Talk to an Auckland employment lawyer for help.
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Migrant Exploitation and Employment Premiums

Exploitation in the workplace could exist in many forms and could happen to any employee, whether you are a migrant or otherwise. However, it is observed that foreigners are more vulnerable to becoming victims of exploitation due to their unfamiliarity with the relevant laws and not knowing their rights as employees in New Zealand. This is why workplace exploitation is more commonly referred to as 'migrant exploitation'.
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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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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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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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Auckland Employment Lawyer. How do Zero Hour Contracts affect you? Call 377 9966 for a no-obligation chat.
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Zero Hour Contracts

Issues on the “Zero Hour Contracts” for employees have been topical in the lead up to the Employment Standards Legislation Bill (“the Bill”), which is due to be passed on 1 April 2016.
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Holding Overseas Manufacturers Accountable

Holding Overseas Manufacturers Accountable

This article explores a legal case heard by the New Zealand Court of Appeal, specifically regarding a dispute involving the supply of a building cladding product. The case involved two building owners who initiated legal proceedings against the German-based manufacturer and New Zealand-based distributors. The building owners alleged that the product was faulty and posed risks to their buildings, leading to potential loss and expense.
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Accredited Employer Work Visa – New business issues, and the application of compliance for all

Accredited Employer Work Visa – New business issues, and the application of compliance for all

Written by:
Arran Hunt
There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues. While the stated intention was to protect migrants from exploitation, the opposite would appear to be the outcome. The media has been filled with stories of migrants exploited, mostly by larger companies, with unscrupulous agents taking payment for jobs, and employers claiming no involvement, yet unable to comply with their obligations. All the while, migrants remain with little hope, savings often spent on a future that never arrived.
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Construction contract disputes

Construction contract disputes

Written by:
Fulton Ryan
This article provides a practical example of the complexities involved in construction-related legal matters, such as payment disputes, contract interpretation, and the importance of adhering to legal requirements in construction contracts.
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Can bad behaviour cost you during divorce or separation?

Can bad behaviour cost you during divorce or separation?

Written by:
Julia Warrington
When sorting out the monetary side of separation, the Property (Relationships) Act 1976 ("the Act") sets out how property is to be divided for relationships that qualify. It generally aims to divide property (the assets and liabilities including houses, cars, superannuation, mortgage loans etc.) in a way that is “fair”. This means the starting point is that property is divided equally. However, there are some exceptions.
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Legislative gap leaves New Zealand exposed to deepfakes

Legislative gap leaves New Zealand exposed to deepfakes

Written by:
Diana Clement
Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often in a matter of minutes.
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Maintenance after the end of a relationship

Maintenance after the end of a relationship

Written by:
Peter Fuscic
Niamh Forgie
After separation, one partner may need financial support while they transition to becoming financially independent. Spousal maintenance is separate from child support payments as its focus is on supporting an adult party rather than supporting any children. If a party has made an application for spousal maintenance, they can apply to receive interim maintenance urgently from the other party, to assist them financially in the interim while the final spousal maintenance proceedings are being settled.
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Earthquake-prone buildings: Are you on shaky ground?

Earthquake-prone buildings: Are you on shaky ground?

Written by:
Hamish Coupe
The introduction of the Building (Earthquake-prone Buildings) Amendment Act 2016 introduced major changes to how earthquake-prone buildings are identified and managed under the Building Act 2004. If you are looking to lease or buy then investigate if the new rules might impact the property you are looking at. If the property does fall under the new rules, then you need to make yourself aware of how this could impact a lease or your investment.
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Selling a business (pet treats) and the consequences of misrepresentation

Selling a business (pet treats) and the consequences of misrepresentation

Written by:
James Turner
Selling a business requires owners and agents to highlight the appealing aspects of the business to attract potential buyers. Emphasising the positives is important, but when information veers into misleading territory, it can lead to significant issues.
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A large compensation payment for bullying

A large compensation payment for bullying

The Employment Relations Authority (ERA) recently issued a noteworthy determination, in which a significant amount of compensation was awarded in favour of an employee who had endured severe bullying in the workplace. This case has the potential to establish a precedent, paving the way for comparable compensation awards to be made in cases involving moderate to severe breaches of employment law by employers.
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Boat purchase 101 - Technical due diligence

Boat purchase 101 - Technical due diligence

Written by:
Forrester Grant
The importance of due diligence cannot be overstated; a little bit of time and money spent prior to purchasing a boat should (but not always) save a lot of time, frustration, and money if the boat turns out to be other than advertised. Also, it occasionally uncovers issues that even the owner was unaware of.
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