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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Remember to keep your employees in the loop when selling your business

Remember to keep your employees in the loop when selling your business

Selling a business involves balancing confidentiality and transparency with employees, especially under New Zealand employment law. When selling assets, employers must consult with employees before finalising the sale to avoid grievances if jobs are affected.
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Children who Resist, Refuse or Reject a relationship with their Parent

Children who Resist, Refuse or Reject a relationship with their Parent

Written by:
Jackie Dale
Amber Holdaway
Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved. Reaching an agreement about how a child's care will be shared can be challenging and deepen conflict between parents if they do not see eye to eye.
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Boat purchase 101 - Sale and Purchase Agreements

Boat purchase 101 - Sale and Purchase Agreements

Written by:
Forrester Grant
Well-drafted agreements for vessel sales are important, especially for larger, technical vessels. While smaller vessel buyers may see these as unnecessary, written contracts simplify legal disputes. Agreements range from basic contracts to detailed forms like the Norwegian Saleform and should clearly outline terms, transaction processes, and dispute procedures, with common provisions as a standard foundation.
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My Ex is hiding assets from me, what can I do?

My Ex is hiding assets from me, what can I do?

Written by:
Vinnie Kumar
Niamh Forgie
At the end of a relationship, both parties must fully disclose their assets and liabilities to divide their property fairly. If one party withholds information, reaching a fair agreement becomes difficult, and any agreement made could be challenged and possibly overturned later.
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Restructures

Restructures

Whether you're an employer seeking compliance or an employee seeking clarity, this article offers invaluable insights to navigate the process effectively.
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Exceptions to equal sharing of relationship property

Exceptions to equal sharing of relationship property

Written by:
Peter Fuscic
Niamh Forgie
Upon separation, it's usually assumed that relationship property will be divided equally unless there's a prenuptial or premarital agreement. However, if there are special circumstances where equal division isn't fair, the court might order a different division to ensure fairness and justice.
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Winding up your Family Trust

Winding up your Family Trust

Written by:
Brandon Cullen
With recent changes in tax regulations, increased compliance obligations, and rising administrative costs, what used to be relatively simple is suddenly complicated, time-consuming, and expensive. Is it time to simplify your life and wind the damn thing up?
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Beyond Paper: the Power of Implied Agreements

Beyond Paper: the Power of Implied Agreements

Written by:
Fulton Ryan
In business, contracts are the backbone of agreements, ensuring clarity and accountability. But what happens when a contract isn't written down? The case of Kingsbeer Transport Ltd v Martin Brower New Zealand sheds light on this question, revealing important insights for business owners.
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Holding Overseas Manufacturers Accountable

Holding Overseas Manufacturers Accountable

This article explores a legal case heard by the New Zealand Court of Appeal, specifically regarding a dispute involving the supply of a building cladding product. The case involved two building owners who initiated legal proceedings against the German-based manufacturer and New Zealand-based distributors. The building owners alleged that the product was faulty and posed risks to their buildings, leading to potential loss and expense.
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Accredited Employer Work Visa – New business issues, and the application of compliance for all

Accredited Employer Work Visa – New business issues, and the application of compliance for all

Written by:
Arran Hunt
There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues. While the stated intention was to protect migrants from exploitation, the opposite would appear to be the outcome. The media has been filled with stories of migrants exploited, mostly by larger companies, with unscrupulous agents taking payment for jobs, and employers claiming no involvement, yet unable to comply with their obligations. All the while, migrants remain with little hope, savings often spent on a future that never arrived.
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