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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GDPR Compliance for New Zealand Businesses

GDPR Compliance for New Zealand Businesses

Written by:
Andrew Knight
The General Data Protection Regulation (GDPR) came into force on 25 May 2018. Even though this is a European Union regulation, it potentially has significant implications for New Zealand businesses. Technology has enabled New Zealand businesses to operate on a truly global scale and businesses collect, process and use data from all corners of the world.
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If Technology is Your Business, Protect It

If Technology is Your Business, Protect It

Written by:
Andrew Knight
Many modern businesses consist primarily of technology in the form of intellectual property. Although they may own physical assets and employ staff (though they are more likely to be engaged as contractors) the real value in the business sits almost wholly in the intellectual property developed.
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From 6 May 2019 Infringement Offence For Employers Not to Have Individual Employment Agreements Recorded in Writing

From 6 May 2019 Infringement Offence For Employers Not to Have Individual Employment Agreements Recorded in Writing

Written by:
Craig Andrews
From 6 May 2019 employers who have failed to record their individual employment agreements in writing will be liable for an infringement offence under the Employment Relations (Infringement Offences) Regulations 2019.
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Domestic Violence - Victims' Protection Act 2018 - Rights and Obligations

Domestic Violence - Victims' Protection Act 2018 - Rights and Obligations

Written by:
Craig Andrews
The Domestic Violence - Victims' Protection Act will come into effect on 1 April 2019. The legislation aims to enhance legal protections in the workplace for people affected by domestic violence by helping victims to stay employed and addressing discrimination stemming from domestic violence in the workplace. The Act brings a normally private matter into the working domain.
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Applying for a Protection Order

Applying for a Protection Order

Written by:
Peter Fuscic
When you apply for a Protection Order you are applying to be protected from violence and harm caused by another person to you. To qualify you must be or have been in a domestic relationship with the violent person ("the respondent"): ie have been in a close and personal relationship, are the parents of, related to through blood or marriage, etc.
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Wills

Wills

Written by:
Alissa Bell
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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More Than a Stork Drop - Adopting a Child in New Zealand

More Than a Stork Drop - Adopting a Child in New Zealand

Written by:
Alissa Bell
If you, or someone you know, are hoping to adopt a bundle of joy into the family, there is, of course, more to the process than a fly-by stork drop. The Adoption Act 1955 sets out each step to becoming an adopted child's legal guardian.
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Employment Relations Amendment Act 2018

Employment Relations Amendment Act 2018

Written by:
James Turner
Employment law can be a bit of a "political football", and with each new government one may expect changes to the Employment Relations Act 2000 ("Act"). Honouring that tradition, the new Labour and NZ First Government passed the Employment Relations Amendment Act 2018 on 5 December 2018. The Amendment Act strengthens union and employee rights at the expense of employer rights, including abolishing use of the 90-day trial period by employers with 20 or more employees.
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How Much is a Promise Worth? What You Need to Know About the Law Reform (Testamentary Promises) Act 1949

How Much is a Promise Worth? What You Need to Know About the Law Reform (Testamentary Promises) Act 1949

Written by:
Peter Fuscic
The situation seems simple. A promise is made (by the "promisor") to someone (the "promisee"), that they will be rewarded in the promisor's Will for work or services carried out. Time passes, and the (now deceased) promisor has failed to follow through on their promise, leaving no such reward (or less than what was promised) in their Will. The promisee can then claim against the deceased's estate for the remuneration that was promised to them. Such claim is made under the Law Reform (Testamentary Promises) Act 1949.
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Are You Getting it Right With Your Casual Employees? The Distinction Between Casual and Part-Time Employees in Practice and the Pitfalls Employers can Face When They Get it Wrong!

Are You Getting it Right With Your Casual Employees? The Distinction Between Casual and Part-Time Employees in Practice and the Pitfalls Employers can Face When They Get it Wrong!

Written by:
Craig Andrews
Casual employees are commonplace in many businesses and a useful resource that allows flexibility in meeting employers' needs. However, too many employers fail to recognise the difference between casual and permanent full and part-time employees, including the key differences in employment rights, responsibilities and entitlements. It is important that employers understand the distinction to avoid unwanted consequences.
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