Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland employment lawyer; practical guidance for employers during Covid-19. What you can and cannot do about work hours, leave, essential workers.
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Practical Guidance for Employers During Covid-19

The Covid-19 Lockdown is a unique situation that continues to change rapidly and this raises a number of questions and concerns for people, especially in the employment space. The situation surrounding Covid-19 requires flexibility from both employers and employees.
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Auckland employment lawyer; be careful about redundancy. It is a tricky area of law and you must seek legal advice before you take any action. Click here.
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Redundancy During Covid-19

In the wake of the Covid-19 lockdown, many employers are assessing options available to them to save their business and are contemplating cutting staff. This decision should not be taken lightly as the underlying requirements for proper termination of employment still apply.
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Auckland commercial lawyers; what financial support can you get for your company under Covid-19? The government has of packages to help. Contact us for help
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Financial Support for Employers During Covid-19

In response to the Covid-19 outbreak the Government has announced a $12.1 billion support package to support the economy. If you are an employer, contractor, sole-trader or self-employed, you may be eligible to apply for financial support.
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Auckland employment lawyer; Is your boss acting within the law about pay, hours, leave, redundancy? Find out employee work options in Covid-19
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Issues for Employees During the Covid-19 Lockdown

The Covid-19 level 4 alert lockdown is having a significant impact on the way people work during this time. Whilst the Government is providing assistance to businesses such as the wage subsidy to pad the landing for employers, there are numerous challenges facing employees in the coming weeks.
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Auckland lawyers; Courts are an essential service in Covid-19 so what will be heard and how can you attend court? This article explains.
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How are the Courts Operating During the Covid-19 Lockdown?

The Chief Justice of the Supreme Court, the Right Honourable Helen Winkelmann, has assured the legal profession and members of the public that the Courts will be operational during all Covid-19 alert levels, including lockdown during alert level 4: "Courts are an essential service. New Zealand courts must continue to uphold the rule of law and to ensure that fair trial rights, the right to natural justice and rights under the New Zealand Bill of Rights Act are upheld."
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Auckland contract lawyer; What are your contractual obligations or options under Covid-19? Do you have protection as supplier or buyer? Click here for help.
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Frustration, Force Majeure and Covid-19

The Covid-19 pandemic and the announcement of the Level 4 Covid-19 threat level in New Zealand has meant that many businesses may be forced to default on their commercial obligations, especially as non-essential businesses are told to close. However if their contracts contain a "force majeure" provision, this may provide them with a way out.
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Auckland construction contract lawyer; Is your business an essential service to keep working? As a supplier or contractor, there are guidelines to follow.
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Construction, Builders, NZS3910 Building Contracts and Covid-19

At a press release on 24 March 2020 at 1.00 pm a spokesperson for the Ministry of Business, Innovation and Employment (MBIE) said: "If you are in doubt whether you are an essential service, you're probably not".
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Auckland property lawyer; Commercial landlords and leaseholders in Covid-19. You may have you options about rent, we can give you advice on your situation.
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Leases in the Time of Covid-19

We have been fielding an unprecedented (but understandable) number of queries from both tenant and landlord clients wanting to understand the legal position in respect of either termination of commercial leases, and obligations in respect of rental/outgoings payments.
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Auckland personal affairs lawyer; Use Covid-19 lockdown to review or make a will, trust, pre-nup agreement, power of attorney. Don't put off these key tasks.
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Getting on top of your legal affairs – what you could do during the lockdown period

During this unprecedented and unsettling time, there is an opportunity here to take advantage of the phone calls and emails slowing down (for some) and use your time to address those things you have been putting off – a bit like that painting job most people have been meaning to get to.
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Auckland estate lawyer; It is not easy to make a valid will in Covid-19 but not impossible. If you get the basics in place, it can be validated later.
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Wills for the Lockdown

Can a Will be made from within the Covid-19 virus enforced bubble of self-isolation and social distancing? Extreme events call for extreme challenges and measures no more so than for making a Will right now when the testator is in isolation and no independent witnesses are in the room. Clearly an issue particularly for someone elderly or ill and delay is a concern.
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Auckland family lawyer; Living in a lockdown bubble can strain relationships. What can you do about care of child, separation, divorce? We can help.
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Is Self-Isolation Pushing you Together or Pulling you Apart?

Feeling stressed or anxious about how Covid-19 (coronavirus) and New Zealand entering alert level 4 with nationwide lockdowns will affect you and your family members? Times of crisis can result in a push-and-pull effect with our personal relationships. They bring people together – only those in your household! - but difficult times can also lead to difficulties arising in our relationships with our, quite literally, nearest and dearest.
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Auckland relationship mediation lawyer; We have a court appointed lawyer to help with family disputes in the difficult Covid-19 lockdown. Click here for details
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Family Mediation Services Continue to be Available During Level 4 Alert

Amidst the Covid-19 lockdowns initiated by Prime Minister Jacinda Ardern on Monday 23 March 2020, many Kiwis are feeling stressed and uncertain about their current situation. When issues arise, especially at an unprecedented time like this, it’s often best to talk them out and work together to find positive solutions. If parenting, child welfare and other family issues arise that you need to discuss, we are here to assist.
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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.
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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.
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Closing down over Christmas and managing annual leave

Closing down over Christmas and managing annual leave

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.
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Is your property adequately insured?

Is your property adequately insured?

Written by:
Paul Foster
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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Incorporated societies: Key changes and compliance

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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Second-Tier Lending: Understanding the Fine Print

Second-Tier Lending: Understanding the Fine Print

Written by:
Hamish Coupe
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

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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The importance of Prenuptial Agreements has increased

The importance of Prenuptial Agreements has increased

Written by:
Peter Fuscic
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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Buyer Beware: The Limitations of Agent-Provided LIMs

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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Family Business & Succession Wars!

Family Business & Succession Wars!

Written by:
Taufil Omar
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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