Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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The government is extending the availability of 90-day trial periods to all employers. This is a great time to ensure your employment agreements are up to date.
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Ensure your employment agreements are up to date

The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount.
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Empowering passengers: Exploring consumer rights regarding late departures in transportation services

In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount. Late departures by trains, buses, flights, and other means of transportation have become a common concern for consumers around the world. The rights of consumers when faced with tardy departures are not to be taken lightly.
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There are a few rules you need to be aware of. We have set out some scenarios below, and the most commonly asked questions.
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Closing down over Christmas and managing annual leave

The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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This article discusses the importance of property owners in New Zealand reviewing their insurance coverage, especially given widespread flood damage.
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Is your property adequately insured?

This article discusses the importance of property owners in New Zealand reviewing their insurance coverage, especially in the aftermath of widespread damage caused by weather events in 2023. The focus of this article is on the often-overlooked aspects of insurance related to land and potential complications arising from natural hazards.
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Identify key changes, review your society's rules, draft a new constitution, advice on re-registration, or organisational structure - we offer guidance.
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Incorporated societies: Key changes and compliance

With approximately 24,000 incorporated societies in New Zealand, ranging from substantial business-like entities to modest sporting clubs, the Incorporated Societies Act 2022 ("New Act") influence is far-reaching. Regardless of size, all incorporated societies will be affected, so it is crucial to understand and prepare for the implications of the New Act to avoid potential consequences for non-compliance.
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Banks are tightening their lending requirements, prompting many buyers to explore alternative options like second-tier lending. Mezzanine.
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Second-Tier Lending: Understanding the Fine Print

In today's financial landscape, banks are tightening their lending requirements, prompting many buyers to explore alternative options like second-tier lending. Mezzanine financers and other last-resort money lenders can provide vital financial support, but it's crucial to approach these agreements with caution and a clear understanding of the fine print. After all, surprises are for birthdays, not loan agreements!
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Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality.
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Medical incapacity of an employee

Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality. Determining when to draw the line on a long-term illness and how long to keep a job open for a sick employee is a challenging task shaped by case law intricacies. Employers are not expected to hold a position indefinitely but they must follow a fair process before terminating an employee’s employment.
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Protecting assets has become important for modern relationships, with the growing importance of prenuptial agreements in safeguarding individual interests.
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The importance of Prenuptial Agreements has increased

Protecting assets has become an integral aspect of modern relationships, with the growing importance of prenuptial agreements for safeguarding individual interests. In June 2023, the New Zealand Supreme Court issued a significant ruling in the case of Sutton v Bell, which centered on Sections 44 and 26 of the Property (Relationships) Act 1976 ("PRA"). This decision marks a pivotal shift in the interpretation of key legal provisions governing property rights in relationships.
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If you're in the process of purchasing a property in Auckland, it's crucial to be aware of the potential limitations that may come with an agent-provided LIM.
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Buyer Beware: The Limitations of Agent-Provided LIMs

Obtaining a LIM is a crucial step for prospective property buyers, but with the cost of a LIM being around $400 and with many real estate agents offering LIMs at no cost, it can be tempting to rely on their convenient provision. However, it's crucial to be aware of the potential limitations that may come with an agent-provided LIM.
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Succession, once a straightforward process, is now akin to navigating a minefield. The need for careful consideration and expert advice has never been greater.
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Family Business & Succession Wars!

Succession, once a straightforward process, is now akin to navigating a minefield. With children seeking to cash in on their beneficial interests or shareholdings to fuel their own ventures, the need for careful consideration and expert advice has never been greater.
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This article discusses the upcoming New Zealand General Election and highlights the political parties' campaign promises.
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The Impact of the Upcoming Election on Employment Law in New Zealand

We are fast approaching New Zealand's General Election, and the nation's political parties have hit the campaign trail with their visions for the country. Changes are expected not only in the political sphere but also in employment and workplace relations. This article discusses the political parties' campaign promises and provides an overview of some of the parties' plans for the future, with a note that the list is not exhaustive
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The significance of insurance in the context of purchasing a home cannot be overstated. Our property lawyers are well-equipped to assist you.
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Insurance when buying a home

The significance of insurance in the context of purchasing a home cannot be overstated. It is not only a critical component but also a mandatory one when seeking financial assistance from lenders for a home purchase. Lenders need proof of adequate and appropriate insurance coverage before approving a loan drawdown.
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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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Will woes and family drama: will drafting, executor responsibilities, and balancing family relationships

Will woes and family drama: will drafting, executor responsibilities, and balancing family relationships

Written by:
Taufil Omar
In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical. We explore an example case, which is a real eye-opener on the wild ride of wills, family dynamics, and the not-so-simple task of divvying up the goods.
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Legal Landscapes Post-COVID: Navigating Global Challenges for Businesses

Legal Landscapes Post-COVID: Navigating Global Challenges for Businesses

As the world grapples with the aftermath of the COVID-19 pandemic, businesses face a myriad of legal challenges. From the financial strain on corporations to the nuances of insurance claims and employment law intricacies, the landscape is evolving. This article explores the potential areas of litigation that have emerged globally, shedding light on crucial aspects for businesses to consider.
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Enforcing a Nikah (an Islamic marriage contract)

Enforcing a Nikah (an Islamic marriage contract)

Written by:
Peter Fuscic
Rosanna Wu and Amber Holdaway
If you and your partner intend to enter into a nikah, it is important to consult with a lawyer to advise you of the possible effects and implications of that agreement and your property rights should you and your partner separate. If you and your partner have already separated and you have entered into a nikah, a lawyer can also advise you on what that means for your relationship property entitlements.
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Ensure your employment agreements are up to date

Ensure your employment agreements are up to date

Written by:
Melissa Johnston
The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
Read more
Empowering passengers: Exploring consumer rights regarding late departures in transportation services

Empowering passengers: Exploring consumer rights regarding late departures in transportation services

In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount. Late departures by trains, buses, flights, and other means of transportation have become a common concern for consumers around the world. The rights of consumers when faced with tardy departures are not to be taken lightly.
Read more