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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Enforcing a Nikah (an Islamic marriage contract)

Enforcing a Nikah (an Islamic marriage contract)

Written by:
Peter Fuscic
Rosanna Wu and Amber Holdaway
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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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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