Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Commercial, Insolvency Lawyer. Directors held liable for wreckless trading and received very heavy fines. Call 377 9966 for a no-obligation chat.
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Mainzeal: Reckless Trading

In Mainzeal1 the former directors were held liable for a breach of section 135 of the Act. Richard Yan, (who was the founder and main shareholder of Mainzeal's parent company, Richina Pacific) was ordered to pay compensation of $36M. Each of the other directors (Shipley, Tilby and Gomm) were held liable to contribute $6M each towards that $36M.
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Auckland & Manukau leasing lawyer. Tenants have problems making rent payments. What are the issues for commercial property leases and tenancies due to Covid-19
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Leasing in a Post-Pandemic World

A New Normal - The impacts of the Covid-19 virus have been felt the world over and have pushed businesses to their limits. Parties on each side of a lease have been left with the job of negotiating through untested and uncertain lease clauses in a time where the support being offered by Government has been unclear and anyone who did hold insurance is discovering that 'pandemics' and 'infectious diseases' are a common policy exemption.
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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 Commercial Lawyer. To maximise the sale value of your business, consider these issue first. Call 377 9966 for a no-obligation chat.
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Know Your Business - Things You Should Think About Before the Sale

When it comes to a business sale you need to "know your business". It is far too easy for assumptions to be made that are not incorporated in thesale agreement itself. In this article, we comment briefly on some of the things you should think about before seeing an agent or putting pento paper.
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Auckland Employment Lawyer. KiwiSaver Employer Contributions - do you know your situation? Call 377 9966 for a no-obligation chat.
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KiwiSaver Employer Contributions Rate Change

The minimum contribution rate for employers and employees has increased from 2% to 3% of gross salary or wages from the first pay period commencing onor after 1 April 2013.
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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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Many Kiwis returning to NZ may have an overseas pre-nup. It may not be valid under NZ law so have it checked by an Auckland relationship property lawyer.
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Is Your Overseas 'Pre-Nup' Valid in New Zealand?

If you or someone you know has signed a Prenuptial Agreement, Premarital Agreement, Antenuptial Contract or Contracting Out Agreement in a country outside of New Zealand, then you/ they should find out if and how that Agreement applies in New Zealand. Irrespective of where these types of documents are signed, they generally have a similar purpose; that being to determine the status, ownership and value of assets at the start and end of a couple's relationship. But, are they valid when you have moved away from the country of signing?
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Separation & divorce are difficult, collaboration can make settlements easier. For Child Support, Relationship Property, call Auckland divorce lawyer 377 9966
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Is There Such a Thing as a Conflict Free Separation?

A separation doesn't have to be fraught with conflict, including when Lawyers are involved. If you have recently separated and need some assistance with resolving a dispute involving property and/or children you may want to consider doing so under the framework of Collaborative Advocacy.
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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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We are a member of a global network of Ally Law, 61 firms spanning 41 countries. Together with our affiliates, whatever your requirements, we can assist.
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International Alliance Of Law Firms

McVeagh Fleming is a member of a global network of highly respected law firms called Ally Law (formerly the International Alliance of Law Firms. When our clients need legal assistance outside of our jurisdiction, we refer and work closely with other Ally Law firms to ensure that our clients receive the best legal advice and service possible. Ally Law has firms in most of the major financial centres of the world. If you would like to learn more about Ally Law please contact John Woolley or view the Ally Law website at www.ally-law.com.
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'Insuring' Your Relationship Property
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'Insuring' Your Relationship Property

Section 21 of the Property (Relationships) Act 1976 ("the Act") allows for parties to essentially 'contract out' of the Act and determine how the relationship property would be divided on the off-chance that you and your partner separate.
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Auckland Employment Lawyer. How does the law change from April 2011 affect you? Call 377 9966 for a no-obligation chat.
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Important changes to Employment Law from April 2011

As you may be aware from recent media reports, changes to the Employment Relations Act 2000 (ERA) and Holidays Act 2004 (HA) have now been passed intolaw and, for the most part, came into effect on 1 April 2011.
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The Construction Contracts Amendment Act 2015

The Construction Contracts Amendment Act 2015

Written by:
James Turner
The Construction Contracts Amendment Act 2015 is implementing a number of updates to the Construction Contracts Act 2002 ("the CCA"). The amendments are coming into force progressively between 1 December 2015 and 31 March 2017.
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The New Health and Safety at Work Act

The New Health and Safety at Work Act

Written by:
James Turner
Commenced on 4 April 2016, the new Health and Safety at Work Act ("the Act") replaced the Health and Safety in Employment Act 1992 which overhauled the way businesses and organisations must implement their health and safety policies. The HSWA also put in place a new statutory regime to enforce compliance obligations.
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Zero Hour Contracts

Zero Hour Contracts

Written by:
James Turner
Issues on the “Zero Hour Contracts” for employees have been topical in the lead up to the Employment Standards Legislation Bill (“the Bill”), which is due to be passed on 1 April 2016.
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The Health and Safety Reform Bill

The Health and Safety Reform Bill

Written by:
James Turner
The enactment of the Health and Safety Reform Bill is expected to occur in April 2015. Significant changes to the workplace health and safety framework will require preparation now to ensure compliance.
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What is a Statutory Demand and When Should I Use It?

What is a Statutory Demand and When Should I Use It?

Written by:
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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Know Your Business - Things You Should Think About Before the Sale

Know Your Business - Things You Should Think About Before the Sale

Written by:
Steve Graham
When it comes to a business sale you need to "know your business". It is far too easy for assumptions to be made that are not incorporated in thesale agreement itself. In this article, we comment briefly on some of the things you should think about before seeing an agent or putting pento paper.
Read more
Doing Business in New Zealand - A Guide

Doing Business in New Zealand - A Guide

Written by:
Andrew Knight
Doing Business in New Zealand - A Guide
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KiwiSaver Employer Contributions Rate Change

KiwiSaver Employer Contributions Rate Change

Written by:
James Turner
The minimum contribution rate for employers and employees has increased from 2% to 3% of gross salary or wages from the first pay period commencing onor after 1 April 2013.
Read more
Commercial Property Due Diligence Issues

Commercial Property Due Diligence Issues

Written by:
Brandon Cullen
Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate.
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To Gift or Not to Gift?

To Gift or Not to Gift?

Written by:
Brandon Cullen
Gift duty was abolished from 1 October 2011 and while the legislative change itself is simple, it has surprisingly complex consequences. The abolition of gift duty has made it possible for individuals to gift assets directly to a trust and it is likely this practice will supplant the former method of selling property to a trust with a gift back.
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