Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Relationship Lawyer - There is a presumption that when separating with your partner or spouse all of your relationship property will be split 50/50.
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Exceptions to equal sharing of relationship property

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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Why wouldn’t you wind up your Trust right now? Talk to an Auckland Family Trust Lawyer about winding up your Family Trust.
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Winding up your Family Trust

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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In business, contracts are the backbone of agreements, ensuring clarity and accountability. But what happens when a contract isn't written down?
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Beyond Paper: the Power of Implied Agreements

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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Auckland Litigation Lawyers - Holding Overseas Manufacturers Accountable
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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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There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues.
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Accredited Employer Work Visa – New business issues, and the application of compliance for all

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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Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved.
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Children who Resist, Refuse or Reject a relationship with their Parent

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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Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often
in a matter of minutes.
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Legislative gap leaves New Zealand exposed to deepfakes

Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often in a matter of minutes.
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After separation, one partner may need financial support while they transition to becoming financially independent.
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Can bad behaviour cost you during divorce or separation?

When sorting out the monetary side of separation, the Property (Relationships) Act 1976 ("the Act") sets out how property is to be divided for relationships that qualify. It generally aims to divide property (the assets and liabilities including houses, cars, superannuation, mortgage loans etc.) in a way that is “fair”. This means the starting point is that property is divided equally. However, there are some exceptions.
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After separation, one partner may need financial support while they transition to becoming financially independent.
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Maintenance after the end of a relationship

After separation, one partner may need financial support while they transition to becoming financially independent. Spousal maintenance is separate from child support payments as its focus is on supporting an adult party rather than supporting any children. If a party has made an application for spousal maintenance, they can apply to receive interim maintenance urgently from the other party, to assist them financially in the interim while the final spousal maintenance proceedings are being settled.
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Construction contract disputes
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Construction contract disputes

This article provides a practical example of the complexities involved in construction-related legal matters, such as payment disputes, contract interpretation, and the importance of adhering to legal requirements in construction contracts.
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Relations Authority (ERA) recently issued a noteworthy determination, awarding in favour of an employee who had endured severe bullying in the workplace.
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A large compensation payment for bullying

The Employment Relations Authority (ERA) recently issued a noteworthy determination, in which a significant amount of compensation was awarded in favour of an employee who had endured severe bullying in the workplace. This case has the potential to establish a precedent, paving the way for comparable compensation awards to be made in cases involving moderate to severe breaches of employment law by employers.
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Earthquake-prone buildings: If you lease or own (or intend to) premises for your business or a commercial building, you may be affected by recent changes.
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Earthquake-prone buildings: Are you on shaky ground?

The introduction of the Building (Earthquake-prone Buildings) Amendment Act 2016 introduced major changes to how earthquake-prone buildings are identified and managed under the Building Act 2004. If you are looking to lease or buy then investigate if the new rules might impact the property you are looking at. If the property does fall under the new rules, then you need to make yourself aware of how this could impact a lease or your investment.
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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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