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.
READ MORE
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.
READ MORE
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.
READ MORE
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.
READ MORE
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!
READ MORE
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.
READ MORE

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Enforcing a Nikah (an Islamic marriage contract)

Enforcing a Nikah (an Islamic marriage contract)

Written by:
Peter Fuscic
Rosanna Wu and Amber Holdaway
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.
Read more
Ensure your employment agreements are up to date

Ensure your employment agreements are up to date

Written by:
Melissa Johnston
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.
Read more
Empowering passengers: Exploring consumer rights regarding late departures in transportation services

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.
Read more
Closing down over Christmas and managing annual leave

Closing down over Christmas and managing annual leave

Written by:
Melissa Johnston
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.
Read more
Is your property adequately insured?

Is your property adequately insured?

Written by:
Paul Foster
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.
Read more
Incorporated societies: Key changes and compliance

Incorporated societies: Key changes and compliance

With approximately 24,000 incorporated societies in New Zealand, ranging from substantial business-like entities to modest sporting clubs, the Incorporated Societies Act 2022 ("New Act") influence is far-reaching. Regardless of size, all incorporated societies will be affected, so it is crucial to understand and prepare for the implications of the New Act to avoid potential consequences for non-compliance.
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Second-Tier Lending: Understanding the Fine Print

Second-Tier Lending: Understanding the Fine Print

Written by:
Hamish Coupe
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!
Read more
Medical incapacity of an employee

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.
Read more
The importance of Prenuptial Agreements has increased

The importance of Prenuptial Agreements has increased

Written by:
Peter Fuscic
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.
Read more
Buyer Beware: The Limitations of Agent-Provided LIMs

Buyer Beware: The Limitations of Agent-Provided LIMs

Obtaining a LIM is a crucial step for prospective property buyers, but with the cost of a LIM being around $400 and with many real estate agents offering LIMs at no cost, it can be tempting to rely on their convenient provision. However, it's crucial to be aware of the potential limitations that may come with an agent-provided LIM.
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