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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Family Business & Succession Wars!

Family Business & Succession Wars!

Written by:
Taufil Omar
Succession, once a straightforward process, is now akin to navigating a minefield. With children seeking to cash in on their beneficial interests or shareholdings to fuel their own ventures, the need for careful consideration and expert advice has never been greater.
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The Impact of the Upcoming Election on Employment Law in New Zealand

The Impact of the Upcoming Election on Employment Law in New Zealand

Written by:
Melissa Johnston
& Gus Hardie Boys
We are fast approaching New Zealand's General Election, and the nation's political parties have hit the campaign trail with their visions for the country. Changes are expected not only in the political sphere but also in employment and workplace relations. This article discusses the political parties' campaign promises and provides an overview of some of the parties' plans for the future, with a note that the list is not exhaustive
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Insurance when buying a home

Insurance when buying a home

Written by:
Taufil Omar
The significance of insurance in the context of purchasing a home cannot be overstated. It is not only a critical component but also a mandatory one when seeking financial assistance from lenders for a home purchase. Lenders need proof of adequate and appropriate insurance coverage before approving a loan drawdown.
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How may relationship property be divided when a spouse or partner dies?

How may relationship property be divided when a spouse or partner dies?

Written by:
Peter Fuscic
Brydie Sherlaw-McGowan
The death of a spouse or partner is an emotional and challenging time for the one left behind. Often left with the overwhelming task of handling the Deceased's estate, the surviving spouse or partner will be unaware of their entitlement under the Property (Relationships) Act 1976 (the "PRA"). Many will opt to taking under the Will, not knowing they also have the alternative option of applying under the PRA for a division of relationship property.
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Proposed Changes to KiwiSaver Contributions: What Employers Need to Know

Proposed Changes to KiwiSaver Contributions: What Employers Need to Know

Written by:
Melissa Johnston
Is your company deducting the Employer KiwiSaver contribution from your employees' pay? A new Bill, introduced to Parliament on 8 June 2023, aims to revolutionize the employer's role in KiwiSaver contributions.
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The Exercise of Contractual Discretion

The Exercise of Contractual Discretion

Woolley v Fonterra Co-Operative Group Ltd: The Exercise of Contractual Discretion‍On 29 June 2023, the New Zealand Court of Appeal delivered its judgment in the case of Woolley v Fonterra Co-Operative Group Ltd [2023] NZCA 266. In its judgment, the Court considered the approach to the exercise of contractual discretion in New Zealand, including the test adopted by the United Kingdom Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. A summary of the key facts of the matter and important points in the Court's decision follow.
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Testamentary Capacity

Testamentary Capacity

Written by:
Peter Fuscic
Niamh Forgie
When constructing a Will a will-maker has the freedom to decide how they wish to distribute their property upon their death, this is known as testamentary freedom. However, this freedom is not absolute. In certain circumstances, such as when a will-maker is said to have lacked capacity when they last made or altered their Will, a Will can be challenged and possibly be declared as invalid.
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Mediating Trust Disputes

Mediating Trust Disputes

Written by:
Peter Fuscic
Niamh Forgie
Countless families across New Zealand place their most valuable assets, such as their property, into a discretionary family trust. However, when a couple separate and each party is a trustee to the same family trust, conflict and disagreement will often arise as to the management and enjoyment of trust assets. Disagreements on internal trust matters have the possibility of turning into time-consuming, expensive and public proceedings in court. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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Separation - What's in a date?

Separation - What's in a date?

Written by:
Peter Fuscic
Vinnie Kumar
When was it over? When to call it quits? When did you say goodbye? Am I separated? What's in a date? In the midst of a relationship breakdown, when you and your former partner are separated is not often a front-of-mind question. However, your separation date can be important information in family law proceedings.
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Setting Aside Relationship Property Contracting Out Agreements

Setting Aside Relationship Property Contracting Out Agreements

Written by:
Peter Fuscic
Niamh Forgie
Entering into a relationship property contracting out agreement ("prenuptial agreement" or "premarital agreement") allows couples to determine together how they would like their separate and shared property divided if separation or death occurs.
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