Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Auckland Employment Laywers - Employee v Contractor Status Disputes - A New Law But Old Problems?
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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.
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 If you lose mental capacity without an EPA, decisions regarding your personal welfare or property must go through the Family Court.
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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.
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Auckland Maritime Lawyer - Legal due diligence when purchasing a boat. Key legal considerations to help buyers safeguard their investment.
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Legal due diligence when purchasing a boat

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.
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Uber Loses Landmark Appeal: New Zealand Court Rules Uber Drivers Are Employees. When contractors are actually employees – The Uber case and its implications.
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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.
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RELOCATION DISPUTES: Considering relocating with your child to a different city or country? Family & relationship property auckland lawyer
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Relocation Disputes

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.
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Young onset dementia: how to get help and what needs to be in place. Wills, EPA and PPPR Lawyer for Young onset dementia
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Young onset dementia: how to get help and what needs to be in place

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.
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Remember to keep your employees in the loop when selling your business. Auckland employment Lawyer.
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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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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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When purchasing a boat/ship/yacht/vessel - avoid the exercise becoming a frustrating nightmare - contact a legal expert. Forrester Grant McVeagh Fleming Lawyers
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Boat purchase 101 - Sale and Purchase Agreements

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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Auckland Relationship Lawyer - finances in a relationship. Ex refusing to provide full disclosure of their assets and liabilities.
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My Ex is hiding assets from me, what can I do?

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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 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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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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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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Am I in a De Facto Relationship?

Am I in a De Facto Relationship?

Written by:
Peter Fuscic
Brydie Sherlaw-McGowan
Do you live with your significant other? Have you acquired any property together? Are you financially dependent on one another? While marriage might not be on the cards for the two of you, you may already be in a "de facto relationship" in the eyes of the Property (Relationships) Act 1976 (the PRA).
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Your name isn’t on the house title, what can you do?

Your name isn’t on the house title, what can you do?

Written by:
Peter Fuscic
Sarah Boswell
If you live in a home with your partner but your name isn’t on the property title, you may still have legal rights. If the relationship breaks down or your partner tries to sell, this can leave you feeling worried or powerless. Learn what options you have.
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Managing closedown periods under the Holidays Act – a guide for employers

Managing closedown periods under the Holidays Act – a guide for employers

Written by:
Michael Witt
With the holiday season approaching, many businesses are planning a closedown period. This guide explains what employers must do to stay compliant with the Holidays Act 2003.
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PC120: What homeowners, buyers and developers need to know

PC120: What homeowners, buyers and developers need to know

Written by:
Daniel Kenyon
Natasha Rivai
Auckland Council has notified Plan Change 120 ("PC120"), a significant update to the Auckland Unitary Plan aimed at delivering housing intensification while improving resilience to natural hazards. Submissions are open until 19 December 2025, and the implications for property buyers, owners, and developers are substantial. Learn what homeowners, buyers, and developers need to know.
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New process for AEWV holders affected by business sales and restructures

New process for AEWV holders affected by business sales and restructures

Written by:
David Graham
Immigration New Zealand has introduced a temporary manual process for transferring Accredited Employer Work Visa (AEWV) holders when a business is sold or restructured. Employers must now complete a manual Job Check application for each affected worker. This change may cause operational disruption and potential delays in work rights. AEWV holders are also affected, as their visa records will not update correctly unless employers complete the process.
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What the new $60,000 Disputes Tribunal limit means for you

What the new $60,000 Disputes Tribunal limit means for you

Written by:
George Steyn
From 24 January 2026, the Disputes Tribunal will be able to hear claims of up to $60,000, which is double its previous limit. This change, introduced under the Disputes Tribunal Amendment Act 2025, means many more disputes can now be resolved quickly and affordably, without the need to go to court.
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Future-proof your business with strategic legal advice

Future-proof your business with strategic legal advice

Written by:
Running a business in New Zealand is rewarding, but it comes with constant change, risk, and regulation. Whether you’re expanding, taking on investors, or simply trying to stay compliant, the right legal structure and advice can make all the difference.
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Caught between borders and classrooms

Caught between borders and classrooms

Written by:
Kim Saran Lee
This article examines the ongoing conflict between New Zealand’s international commitment to children’s right to education and Immigration New Zealand policies that restrict access for migrant children. It highlights the human impact of these policies and calls for greater alignment between immigration enforcement and the country’s obligations under the UN Convention on the Rights of the Child.
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Navigating immigration challenges

Navigating immigration challenges

Written by:
When your visa application is refused or delayed, it can feel like your plans have come to a halt. But in many cases, there are still strong legal options available, whether through an appeal, a waiver, or alternative business or employer pathways.
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Buying or selling a house in Auckland? Why the right lawyer matters

Buying or selling a house in Auckland? Why the right lawyer matters

Written by:
Buying or selling a residential property is one of the biggest financial decisions most people will make. Whether you’re purchasing your first home, upgrading, or selling an investment property, having a trusted Auckland property lawyer by your side can make the process smoother, faster, and less stressful. At McVeagh Fleming, our team of residential property lawyers guide clients through every step of the buying and selling journey.
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