Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
iPhone mockup
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.
This is some text inside of a div block.

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.
READ MORE
Why wouldn’t you wind up your Trust right now? Talk to an Auckland Family Trust Lawyer about winding up your Family Trust.
This is some text inside of a div block.

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?
READ MORE
In business, contracts are the backbone of agreements, ensuring clarity and accountability. But what happens when a contract isn't written down?
This is some text inside of a div block.

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.
READ MORE
Auckland Litigation Lawyers - Holding Overseas Manufacturers Accountable
This is some text inside of a div block.

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.
READ MORE
There is little doubt that the introduction of the Accredited Employer Work Visa (AEWV) by the previous government has caused some issues.
This is some text inside of a div block.

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.
READ MORE
Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved.
This is some text inside of a div block.

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.
READ MORE
Legislative gap leaves New Zealand exposed to deepfakes. The march of technology means almost anyone can create deepfakes, often
in a matter of minutes.
This is some text inside of a div block.

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.
READ MORE
After separation, one partner may need financial support while they transition to becoming financially independent.
This is some text inside of a div block.

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.
READ MORE
After separation, one partner may need financial support while they transition to becoming financially independent.
This is some text inside of a div block.

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.
READ MORE
Construction contract disputes
This is some text inside of a div block.

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.
READ MORE
Relations Authority (ERA) recently issued a noteworthy determination, awarding in favour of an employee who had endured severe bullying in the workplace.
This is some text inside of a div block.

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.
READ MORE
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.
This is some text inside of a div block.

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.
READ MORE

Subscribe to receive updates

I would like to receive updates for:
Thank you for subscribing. Your submission has been received!
Oops! Something went wrong while submitting the form. Please try again.
I was excluded from a Will, what can I do?

I was excluded from a Will, what can I do?

If one of your loved ones has left you out of their Will or you believe that their Will is unfair or their Will did not adequately provide for you, you may be able to make a claim under the Family Protection Act 1955 (the FPA) against their estate.
Read more
Land covenants: the ability to amend to reflect modern developments

Land covenants: the ability to amend to reflect modern developments

This article explores the legal principles surrounding land covenants, focusing on a case where a developer sought to modify a land covenant that restricted the number of dwellings on their property. The Court ultimately agreed to modify the covenant, determining that no substantial injury would result to neighboring property owners and the change reflected modern development demands.
Read more
Occupation rent after separation

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.
Read more
What's hiding in the Terms of Trade? A Customer Perspective on GSAs

What's hiding in the Terms of Trade? A Customer Perspective on GSAs

Written by:
Hamish Coupe
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.
Read more
Employee v Contractor Status Disputes – A New Law But Old Problems?

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.
Read more
Navigating mental capacity loss without Enduring Powers of Attorney (EPA): What you need to know

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.
Read more
Legal due diligence when purchasing a boat

Legal due diligence when purchasing a boat

Written by:
Forrester Grant
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.
Read more
When contractors are actually employees – The Uber case and its implications

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.
Read more
Relocation Disputes

Relocation Disputes

Written by:
Kiri Petrie
Niamh Forgie
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.
Read more
Young onset dementia: how to get help and what needs to be in place

Young onset dementia: how to get help and what needs to be in place

Written by:
Fiona Faithfull
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.
Read more