Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Buying a 'pre-loved' boat/ship (or any major asset for that matter) irrespective of the size without undertaking due diligence is very risky.
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Boat purchase 101 - Technical due diligence

The importance of due diligence cannot be overstated; a little bit of time and money spent prior to purchasing a boat should (but not always) save a lot of time, frustration, and money if the boat turns out to be other than advertised. Also, it occasionally uncovers issues that even the owner was unaware of.
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Business Sales and the Consequences of Misrepresentation. Selling a business demands that owners and agents don't make misrepresentations.
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Selling a business (pet treats) and the consequences of misrepresentation

Selling a business requires owners and agents to highlight the appealing aspects of the business to attract potential buyers. Emphasising the positives is important, but when information veers into misleading territory, it can lead to significant issues.
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In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical.
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Will woes and family drama: will drafting, executor responsibilities, and balancing family relationships

In the intricate landscape of estate planning and the execution of wills, the selection of legally appointed executors and trustees is critical. We explore an example case, which is a real eye-opener on the wild ride of wills, family dynamics, and the not-so-simple task of divvying up the goods.
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Nikah - what this can mean for your relationship property entitlements.
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Enforcing a Nikah (an Islamic marriage contract)

If you and your partner intend to enter into a nikah, it is important to consult with a lawyer to advise you of the possible effects and implications of that agreement and your property rights should you and your partner separate. If you and your partner have already separated and you have entered into a nikah, a lawyer can also advise you on what that means for your relationship property entitlements.
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With the aftermath of the COVID-19 pandemic. This article explores the potential areas of litigation that have emerged globally, businesses need to consider.
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Legal Landscapes Post-COVID: Navigating Global Challenges for Businesses

As the world grapples with the aftermath of the COVID-19 pandemic, businesses face a myriad of legal challenges. From the financial strain on corporations to the nuances of insurance claims and employment law intricacies, the landscape is evolving. This article explores the potential areas of litigation that have emerged globally, shedding light on crucial aspects for businesses to consider.
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The government is extending the availability of 90-day trial periods to all employers. This is a great time to ensure your employment agreements are up to date.
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Ensure your employment agreements are up to date

The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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There are a few rules you need to be aware of. We have set out some scenarios below, and the most commonly asked questions.
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Closing down over Christmas and managing annual leave

The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount.
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Empowering passengers: Exploring consumer rights regarding late departures in transportation services

In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount. Late departures by trains, buses, flights, and other means of transportation have become a common concern for consumers around the world. The rights of consumers when faced with tardy departures are not to be taken lightly.
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This article discusses the importance of property owners in New Zealand reviewing their insurance coverage, especially given widespread flood damage.
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Is your property adequately insured?

This article discusses the importance of property owners in New Zealand reviewing their insurance coverage, especially in the aftermath of widespread damage caused by weather events in 2023. The focus of this article is on the often-overlooked aspects of insurance related to land and potential complications arising from natural hazards.
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Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality.
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Medical incapacity of an employee

Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality. Determining when to draw the line on a long-term illness and how long to keep a job open for a sick employee is a challenging task shaped by case law intricacies. Employers are not expected to hold a position indefinitely but they must follow a fair process before terminating an employee’s employment.
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Banks are tightening their lending requirements, prompting many buyers to explore alternative options like second-tier lending. Mezzanine.
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Second-Tier Lending: Understanding the Fine Print

In today's financial landscape, banks are tightening their lending requirements, prompting many buyers to explore alternative options like second-tier lending. Mezzanine financers and other last-resort money lenders can provide vital financial support, but it's crucial to approach these agreements with caution and a clear understanding of the fine print. After all, surprises are for birthdays, not loan agreements!
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Protecting assets has become important for modern relationships, with the growing importance of prenuptial agreements in safeguarding individual interests.
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The importance of Prenuptial Agreements has increased

Protecting assets has become an integral aspect of modern relationships, with the growing importance of prenuptial agreements for safeguarding individual interests. In June 2023, the New Zealand Supreme Court issued a significant ruling in the case of Sutton v Bell, which centered on Sections 44 and 26 of the Property (Relationships) Act 1976 ("PRA"). This decision marks a pivotal shift in the interpretation of key legal provisions governing property rights in relationships.
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Remember to keep your employees in the loop when selling your business

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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Children who Resist, Refuse or Reject a relationship with their Parent

Children who Resist, Refuse or Reject a relationship with their Parent

Written by:
Jackie Dale
Amber Holdaway
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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Boat purchase 101 - Sale and Purchase Agreements

Boat purchase 101 - Sale and Purchase Agreements

Written by:
Forrester Grant
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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My Ex is hiding assets from me, what can I do?

My Ex is hiding assets from me, what can I do?

Written by:
Vinnie Kumar
Niamh Forgie
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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Restructures

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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Exceptions to equal sharing of relationship property

Exceptions to equal sharing of relationship property

Written by:
Peter Fuscic
Niamh Forgie
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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Winding up your Family Trust

Winding up your Family Trust

Written by:
Brandon Cullen
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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Beyond Paper: the Power of Implied Agreements

Beyond Paper: the Power of Implied Agreements

Written by:
Fulton Ryan
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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Holding Overseas Manufacturers Accountable

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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Accredited Employer Work Visa – New business issues, and the application of compliance for all

Accredited Employer Work Visa – New business issues, and the application of compliance for all

Written by:
Arran Hunt
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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