Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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New Act for workplace personal grievance (PG) includes contractors, third-parties and employers. Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Workplace Personal Grievance Options Expanded Under New Law - Employment Relations (Triangular Employment) Amendment Act 2019

On 27 June 2020 the Employment Relations (Triangular Employment) Amendment Act 2019 ("the Act") came into force. The Act aims to provide protection to those in triangular employment relationships. Typically, a triangular relationship exists where a person is employed by a labour hire company/recruitment agency, and works under the control and direction of another entity (a controlling third party).
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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, North Shore Estate Lawyer. Make a will at any age, even if you don't think you need one. It can save problems later. Call 377 9966 for a chat.
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Wills

Planning Ahead: Need to make a Will even if you don't think you do?" But I don't have any assets yet" is a common response when making a Will is suggested to twenty-somethings. There is a misconception, among young people in particular, that in order to make a Will, you should have already built up a sizeable asset base. While you may not own a home or have a large un-cracked nest egg, you will almost certainly have a number of assets to protect, including:
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Auckland Estate Lawyer. How can you validate a Non-Compliant will? Can you avoid probate? Call 377 9966 for a no-obligation chat.
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Will That Do? - Validation of Non-Compliant Wills

Before a deceased's last will can have the legal effect of distributing property to his or her heirs accordingly to its terms, it must be admitted to probate, that is accepted by the High Court as being valid.
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Auckland Relationship Property Lawyer. What is your right to the family home when you separate? Call 377 9966 for a no-obligation chat.
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When is Your House the "Family Home"? / Will my House be Split 50/50?

A special status is given to the "family home" in relationship property disputes under the relevant legislation, the Property (Relationships) Act 1976 ("the Act").
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Auckland Estate Lawyer. Do you want to challenge a will? Have you been left a smaller legacy? Call 377 9966 for a no-obligation chat.
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When Charity Does Not Begin at Home and Testamentary Freedom Triumphs

The truism that charity begins at home might have been given a serious knock back going by the recent UK Supreme Court decision concerning an adult daughter's claim against her mother's estate in IIott v Mitson [2017] UKSC 17.
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Can you assign a contract with the benefits or is it novation with more risk? Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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What is the Difference Between Assignment and Novation?

Assignment of contracts is a fairly common practice in the business world. In an assignment, the person assigning the contract - the "Assignor" - assigns the benefits of the contract the Assignor holds to a new person (the "Assignee") who takes the benefit of that contract "the Assignee". Some contracts may expressly prohibit assignment and some contracts provide that a contract may not be assigned without the consent of the other party. If a contract has no provision relating to assignment, then the general rule is that it may be assigned, with a few exceptions.
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Auckland Debt Recovery Lawyer. When and how to use a Statutory Demand to get monies paid to you. Call 377 9966 for a no-obligation chat.
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What is a Statutory Demand and When Should I Use It?

What do you do when you are chasing a company for a debt and despite your requests, pleas, calls and curses, the company is failing or refusing to pay? The statutory demand process may be suitable in such circumstances.
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New Real Estate Agents Disciplinary Tribunal, Auckland Dispute Lawyer. How does the new Act affect you? Call 377 9966 for a no-obligation chat.
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Update on recent amendments of the Real Estate Agents Act 2008 and recent decision of the Real Estate Agents Disciplinary Tribunal

Real estate agents or salespersons seeking to challenge a Complaints Assessments Committee's finding of unsatisfactory conduct need now to be aware of a shortened appeal period.
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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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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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Auckland Debt Recovery Lawyer. What can you do about unpaid invoices? Call 377 9966 for a no-obligation chat.
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Unpaid Invoices - Want to Understand Your Options

At one time or another, all businesses confront the unpleasant task of collecting outstanding fees for the services or products they have provided. When a client refuses to pay an outstanding invoice, recovering the money due may turn into a drawn-out process, even when the amount owed appears un-contentious. Engaging a solicitor to assist with the debt recovery process has the benefit of both impressing on the debtor your commitment to pursuing the debt and simplifying an otherwise frustrating process.
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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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To Vaccinate or Not: Parental Decisions About Paediatric Covid-19 Vaccination

To Vaccinate or Not: Parental Decisions About Paediatric Covid-19 Vaccination

Written by:
Rosanna Wu
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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