Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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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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When you sell a house with chattels, what is your liability for the working life and use of those items? An Auckland or Manukau property lawyer can advise
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Are You Sure You Want To Give That Warranty?

When you are selling a property it is common to list the 'Chattels' which you are to be selling with the building. Chattels are items which are able to be removed from a property without too much effort, and which were never intended to permanently form part of the structure. Common examples are an oven, paintings or a fridge. Occasionally they can be large eg a spa pool or garden shed. If it can fit on a truck, it may well be a chattel.
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Cashflow for building projects is a problem in Covid. Find out your options for being paid quickly to receive your cash. Auckland construction disputes lawyer
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Recovering Money During Lockdown in the Construction Industry

Many in the construction industry will be feeling frustrated at the latest lockdown slowing down projects and progress. Fortunately, not everything has to be put on pause. The Construction Contracts Act 2002 ("CCA") provides ways to recover money during lockdown.
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Childcare between separated parents is hard. In lockdown harder still. See your options for managing child access in Covid Auckland or Manukau family lawyer
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Facilitating Day-to-Day Care and Contact Through the Covid-19 Delta Variant Lockdown

Due to the recent presence of the highly contagious Covid-19 Delta variant within communities throughout New Zealand, the country has been placed into an Alert Level 4 Lockdown. The stringent lockdown restrictions may have implications for parents who have shared care arrangements, Parenting Orders, or who are involved in Family Court proceedings. This can create an added level of stress and anxiety as parents try to navigate both lockdown rules and day-to-day care of their children.
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After some big construction company failures, new rules for retention money for subcontractors. Directors may get penalties so check if you are compliant.
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The Construction Contracts (Retention Money) Amendment Bill - Open for Public Submission

The Government is once again looking to impose further statutory controls over how contractors are to handle and protect retention moneys owed to its sub-contractors - this time with civil monetary penalties facing the construction companies and their directors for non-compliance.
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To dismiss an employee, you must have good records and the correct method. Rocket Lab paid $97,000 for the wrong process. Auckland employment lawyer 377 9966
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Rocket Lab Ordered to Pay $97,000.00 to an Employee

This week the Employment Relations Authority ordered Rocket Lab Limited ("Rocket Lab") to pay $97,000.00 to an employee for an unjustified dismissal. Mr Owen was employed by Rocket Lab in January 2018 as a Vehicle Test Manager. Rocket Lab did not give Mr Owen an induction, he was essentially expected to 'get on with it'.
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Beyond Paper: the Power of Implied Agreements

Beyond Paper: the Power of Implied Agreements

Written by:
Fulton Ryan
In business, contracts are the backbone of agreements, ensuring clarity and accountability. But what happens when a contract isn't written down? The case of Kingsbeer Transport Ltd v Martin Brower New Zealand sheds light on this question, revealing important insights for business owners.
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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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