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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ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

Written by:
Craig Andrews
Eryanto Widjaya
If the purchaser discovers a defect with the property or breach of the sale and purchase agreement by the vendor just days before settlement is due, what can the purchaser and vendor do in that situation? Can the vendor force settlement? Should the purchaser be allowed to claim a reduction in the purchase price? The claim for compensation provisions were designed to achieve both objectives, requiring settlement to occur subject to some adjustment of the purchase price payable on settlement.
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Mergers and Acquisitions can give your company a competitive advantage, but when is it the right move?

Mergers and Acquisitions can give your company a competitive advantage, but when is it the right move?

Written by:
Linda Packer
Mergers and acquisitions ("M&A") are often used as critical methods for expansion. Some companies may plan successful M&A strategies such as using good economic times to strengthen their finances (paying down debt and accumulating cash reserves), and when a recession or slowdown comes, buying at low valuations.
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Changes to the Incorporated Societies Regime - it's time to review your constitution

Changes to the Incorporated Societies Regime - it's time to review your constitution

Written by:
The new Incorporated Societies Act 2022 ("Act") received Royal Assent on 5 April 2022, in replacement of the Incorporated Societies Act 1908 ("old Act") and is coming into force in stages. The Act significantly changes governance and accountability obligations for incorporated societies. Re-registration under the new Act is required for all existing incorporated societies to continue to exist.
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Enduring Power of Attorney

Enduring Power of Attorney

No matter your age, it is essential that all adults have in place lawful and enforceable Enduring Powers of Attorney ("EPA"). Sudden accidents or illnesses affecting your metal capacity can happen unexpectedly, and if the time comes that you require an EPA and you have not already set one up, it will be too late.
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Do You Have Independent Contractors and Do You Work in the Construction Industry?

Do You Have Independent Contractors and Do You Work in the Construction Industry?

Written by:
Melissa Johnston
The construction industry often engages independent contractors, rather than employees. There is clearly a need for contractors in the industry, but in some situations, contractors are engaged because they are often seen as easier to engage than employees. This is often because a company can end a contractor's contract by giving notice, contractors do not receive annual leave or sick leave and are not entitled to minimum wage.
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Requiring Employees to Take Annual Leave

Requiring Employees to Take Annual Leave

Written by:
Melissa Johnston
The Employment Court recently issued a decision relating to whether employers were entitled to require employees to take annual leave during the Covid-19 lockdown in April 2020. Three employees brought a case against Carter Holt Harvey LVL Limited ("the Company") after the Company told staff that they would need to take eight days leave during the lockdown in April 2020.
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Migrant Exploitation and Employment Premiums

Migrant Exploitation and Employment Premiums

Exploitation in the workplace could exist in many forms and could happen to any employee, whether you are a migrant or otherwise. However, it is observed that foreigners are more vulnerable to becoming victims of exploitation due to their unfamiliarity with the relevant laws and not knowing their rights as employees in New Zealand. This is why workplace exploitation is more commonly referred to as 'migrant exploitation'.
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To Vaccinate or Not: Parental Decisions About Paediatric Covid-19 Vaccination

To Vaccinate or Not: Parental Decisions About Paediatric Covid-19 Vaccination

Written by:
Rosanna Wu
Parents have the mutual goal of wanting the best for their child. Naturally, there are disagreements as to what "the best" means. A notably difficult decision has arisen in recent years for parents about whether or not their child is going to receive the Covid-19 vaccine. This is a guardianship issue in family law.
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The New Zealand immigration Green List - green for go?

The New Zealand immigration Green List - green for go?

Written by:
In 2020, while the entire world was distressed about Covid-19 and borders were closing, Immigration New Zealand ("INZ") decided to close the tap on skilled migration. A decision was made to suspend the selection of expressions of interest (also known as EOI). The selections normally occurred on a fortnightly basis and would result in a selected candidate receiving an Invitation to Apply for Residence under the Skilled Migrant Category. The suspension remains in place at the time of this article.
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The Great Resignation

The Great Resignation

Written by:
Melissa Johnston
You will likely have heard the term "The Great Resignation". Over the last few months we have had a number of clients approach us for ideas and wanting to know how they can set their organisation apart from others in order to retain staff.
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