Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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After separation, one partner may need financial support while they transition to becoming financially independent.
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Maintenance after the end of a relationship

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: If you lease or own (or intend to) premises for your business or a commercial building, you may be affected by recent changes.
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Earthquake-prone buildings: Are you on shaky ground?

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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Business Sales and the Consequences of Misrepresentation. Selling a business demands that owners and agents don't make misrepresentations.
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Selling a business (pet treats) and the consequences of misrepresentation

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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Relations Authority (ERA) recently issued a noteworthy determination, awarding in favour of an employee who had endured severe bullying in the workplace.
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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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Buying a 'pre-loved' boat/ship (or any major asset for that matter) irrespective of the size without undertaking due diligence is very risky.
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Boat purchase 101 - Technical due diligence

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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In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical.
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Will woes and family drama: will drafting, executor responsibilities, and balancing family relationships

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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With the aftermath of the COVID-19 pandemic. This article explores the potential areas of litigation that have emerged globally, businesses need to consider.
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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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Nikah - what this can mean for your relationship property entitlements.
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Enforcing a Nikah (an Islamic marriage contract)

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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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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Purchaser Failure to Settle on a Property Purchase: Rights and Remedies

Purchaser Failure to Settle on a Property Purchase: Rights and Remedies

Written by:
Brandon Cullen
The recent fall in property values across New Zealand has led to numerous purchasers being unable to obtain finance and complete settlement. This leaves both vendor and purchaser in an awful position, with lawyers scrambling to minimise the losses suffered on each side.
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Disclosure Obligations of Trustees to Beneficiaries Under the Trusts Act 2019

Disclosure Obligations of Trustees to Beneficiaries Under the Trusts Act 2019

The Trusts Act 2019 ("the Act") outlines the obligations of trustees in managing family trusts. Information disclosure requirements to beneficiaries are significantly more demanding than previously applied.
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The bells are ringing, it's nearly Christmas - managing annual leave over the Christmas period

The bells are ringing, it's nearly Christmas - managing annual leave over the Christmas period

Written by:
Melissa Johnston
The countdown to Christmas is on. Many workplaces in New Zealand are planning their annual closedown over the Christmas period. This will likely mean that many employers are attempting to navigate the complexities of the Holidays Act 2003. We have set out to answer some frequently asked questions during this time of the year.
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ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

Written by:
Craig Andrews
Eryanto Widjaya
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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Mergers and Acquisitions can give your company a competitive advantage, but when is it the right move?

Mergers and Acquisitions can give your company a competitive advantage, but when is it the right move?

Written by:
Linda Packer
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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Changes to the Incorporated Societies Regime - it's time to review your constitution

Changes to the Incorporated Societies Regime - it's time to review your constitution

Written by:
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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Enduring Power of Attorney

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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Do You Have Independent Contractors and Do You Work in the Construction Industry?

Do You Have Independent Contractors and Do You Work in the Construction Industry?

Written by:
Melissa Johnston
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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Requiring Employees to Take Annual Leave

Requiring Employees to Take Annual Leave

Written by:
Melissa Johnston
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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Migrant Exploitation and Employment Premiums

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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