Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Family & Relationship Property Lawyer - Occupation rent after separation. One person moves out of the family home and the other remains.
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Occupation rent after separation

Occupation rent is a legal mechanism that can come into play when a couple separates, and one person continues living in the family home while the other moves out. It is designed to ensure fairness, especially if the remaining party benefits from sole access to the home.
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Auckland Property, business and contract lawyers - What's hiding in the Terms of Trade? A Customer Perspective on GSAs
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What's hiding in the Terms of Trade? A Customer Perspective on GSAs

When entering relationships with new suppliers, it’s essential to carefully review the terms of trade, especially if they include a General Security Agreement (GSA). While a GSA can offer credit benefits, it also carries significant risks, potentially leading to receivership if payment issues arise. Understanding these terms is crucial to protecting your business.
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Auckland Employment Laywers - Employee v Contractor Status Disputes - A New Law But Old Problems?
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Employee v Contractor Status Disputes – A New Law But Old Problems?

The government has announced its plan to amend the Employment Relations Act 2000 by introducing a new legislative test that aims to prevent workers from challenging their status as an independent contractors and claiming that they are employees.
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 If you lose mental capacity without an EPA, decisions regarding your personal welfare or property must go through the Family Court.
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Navigating mental capacity loss without Enduring Powers of Attorney (EPA): What you need to know

Many people assume their family will automatically be able to make decisions for them if they lose mental capacity, but without Enduring Powers of Attorney (EPA) in place, that’s not the case. If you lose mental capacity without an EPA, decisions regarding your personal welfare or property must go through the Family Court.
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Auckland Maritime Lawyer - Legal due diligence when purchasing a boat. Key legal considerations to help buyers safeguard their investment.
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Legal due diligence when purchasing a boat

When purchasing a boat, legal due diligence is crucial to ensure a smooth transaction and avoid potential pitfalls. This process primarily focuses on confirming that the seller has clear legal ownership of the vessel and that there are no hidden charges, such as mortgages or liens, which could surface after the purchase. In this article, we outline the key legal considerations to help buyers safeguard their investment.
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Uber Loses Landmark Appeal: New Zealand Court Rules Uber Drivers Are Employees. When contractors are actually employees – The Uber case and its implications.
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When contractors are actually employees – The Uber case and its implications

When engaging people as contractors, it's not just the contract label that matters — how the working relationship functions in practice is key. If a contractor is treated like an employee, with significant control exerted over their work and integration into the business, the contractor will 'at law' likely be an employee, and getting this classification wrong can be and often is expensive. Understanding and correctly applying the criteria is essential to avoid legal and financial repercussions.
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RELOCATION DISPUTES: Considering relocating with your child to a different city or country? Family & relationship property auckland lawyer
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Relocation Disputes

Considering relocating with your child to a different city or country? It's essential to understand that such a move requires the consent of the other parent. The decision about where a child lives is a significant guardianship matter, and both parents must agree on it.
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Young onset dementia: how to get help and what needs to be in place. Wills, EPA and PPPR Lawyer for Young onset dementia
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Young onset dementia: how to get help and what needs to be in place

Fiona shares her deeply personal journey of caring for her mother, diagnosed with Young Onset Dementia at age 53. At just 29, Fiona navigated the challenges of supporting four generations under one roof, balancing the demands of new motherhood with caregiving responsibilities. She reflects on the emotional and financial strains, the importance of a support network, and the late diagnosis that left many questions unanswered. Fiona's story highlights the enduring power of maternal love and the resilience needed to face such profound life changes.
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Remember to keep your employees in the loop when selling your business. Auckland employment Lawyer.
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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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When purchasing a boat/ship/yacht/vessel - avoid the exercise becoming a frustrating nightmare - contact a legal expert. Forrester Grant McVeagh Fleming Lawyers
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Boat purchase 101 - Sale and Purchase Agreements

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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Auckland Relationship Lawyer - finances in a relationship. Ex refusing to provide full disclosure of their assets and liabilities.
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My Ex is hiding assets from me, what can I do?

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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 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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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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Supporting Licensed Immigration Advisers: How McVeagh Fleming can help

Supporting Licensed Immigration Advisers: How McVeagh Fleming can help

If you are a Licensed Immigration Adviser (LIA), you work tirelessly to guide your clients through New Zealand’s complex immigration system. But when legal challenges arise, having the right support is essential. McVeagh Fleming offers tailored services to help you stay compliant, protect your practice, and navigate legal complexities with confidence.
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New departure rules for those planning an overseas voyage

New departure rules for those planning an overseas voyage

Written by:
Forrester Grant
If you're a New Zealand yacht or boat owner planning to sail overseas, a new certification process is now in place. This change introduces new assessment steps, limited inspection locations, and strict application timeframes. With processing queues and only three approved assessment sites—Auckland, Kerikeri, and Nelson—it's crucial to start the application process at least 3 to 6 months in advance to avoid delays.
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The risks of providing a guarantee

The risks of providing a guarantee

Written by:
Hamish Coupe
Shannon Lawrence
Providing a guarantee for someone else’s financial commitments can expose you to serious legal and financial risks. Before agreeing, ensure you understand the potential consequences - especially if you won’t directly benefit or lack full visibility and control over the obligation.
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Active Investor Plus Visa – Announced changes

Active Investor Plus Visa – Announced changes

Written by:
Arran Hunt
On 9 February 2025, the Prime Minister announced changes to the Active Investor Plus Visa (AIPV) category, a visa type created to attract wealthy migrants to consider moving to New Zealand. Such visas have existed since at least 2010, but the government has seen the need to change it.
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Deck the halls, not the paperwork: Legal help for holiday travel

Deck the halls, not the paperwork: Legal help for holiday travel

If you're traveling to New Zealand to visit loved ones this holiday season and need a visa, consider engaging a lawyer to avoid delays or complications. Many travelers rely on third-party agencies for their applications, but this often leads to costly mistakes. To help you navigate the process smoothly, we’ve prepared a guide to ensure everything is handled correctly from the start.
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Seventh Edition Deed of Lease: Key updates

Seventh Edition Deed of Lease: Key updates

Written by:
Brandon Cullen
Shannon Lawrence
If you work in the commercial property sector - involving retail shops, office buildings, industrial facilities, or hospitality venues - you’ll want to know about the latest updates to the ADLS Deed of Lease ('DOL'). Released on 27 November 2024, the Seventh Edition introduces significant changes to reflect the evolving commercial landscape of the past decade.
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How do you get divorced in New Zealand?

How do you get divorced in New Zealand?

In New Zealand, to legally end your marriage or civil union (divorce), you must apply to the Family Court for a Dissolution Order. Until a final order dissolving a marriage or civil union has taken effect, parties to a marriage or civil union cannot enter into another marriage or civil union.
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6 tips for Partnership Visa Applications

6 tips for Partnership Visa Applications

The financial and emotional costs associated with visa applications make the stakes high. So, to help you navigate the process, we’ve compiled our top six tips for applying for partnership-based visas.
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Immigration changes to help those buying a business

Immigration changes to help those buying a business

Written by:
Arran Hunt
In a welcome move for business owners, Immigration New Zealand (INZ) has revised its policies to make it easier for those buying businesses to keep their existing workforce. From 6 November 2024, this change will streamline the process for Accredited Employer Work Visa (AEWV) holders, reducing delays and red tape that previously made it difficult for new business owners to retain valued migrant staff.
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A Donkey, an Elephant, or New Zealand

A Donkey, an Elephant, or New Zealand

Written by:
Arran Hunt
There is no doubt that 5 November 2024 will lead to someone being appointed as the most powerful person in the world. While we won't be trying to assume who will win, we do know that, on that day, about half of the population in the USA is likely to be disappointed with the result. That is why we wanted to raise a third option. We'll cover a few differences that people may experience by moving to New Zealand, as well as some of the immigration options that may be open to you.
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