Latest updates

1 May 2022

Unfair Contract Regime extended to small business contracts – is your business ready?

Businesses have until 16 August 2022 to ensure they comply with the amendments to the Fair Trading Act (FTA). These changes extend the existing unfair contract terms (UCT) regime that currently applies to consumers, to standard form ‘small trade contracts’ in business-to-business relationships. It’s important that businesses understand the implications of these changes and review their practices.

13 April 2022

Relying on Solicitor’s Approval Clauses

We often receive Agreements for the sale of a property which include a clause making the sale conditional on the purchaser’s or the seller’s solicitor’s approval of the Agreement. Clients often mistakenly believe that this condition allows them to withdraw from the purchase or sale if they have misunderstood the Agreement or something is wrong with the Agreement or, even if they change their minds, by instructing their solicitor to withhold approval.

13 April 2022

Life at COVID traffic light orange

The government’s decision to move the entire country into the Orange setting of its Protective Framework (effective 14 April 2022) changes several requirements Kiwis will have become used to under the Red setting.

27 March 2022

Vaccination Disputes Between Guardians of Children

A recent decision by the Family Court further confirmed the approach to be taken when settling vaccination disputes between guardians.

14 March 2022

What to do when dealing with a customer or supplier of questionable solvency.

If you find yourself dealing with a supplier, customer or counterparty of questionable solvency, we have some options you may want to consider.

27 February 2022

Trust eSpeaking - Autumn 2022

Inside the Autumn 2022 issue of Trust eSpeaking: Gift or loan? The importance of properly documenting advances between family members; Caring for Kiwis who cannot make decisions for themselves: Comparing with Britney Spears' conservatorship; Where there is a will, what is the way? A parent dies, but the child is unaware of the death.

21 February 2022

A child's right to choose - COVID-19 vaccinations

A recent Family Court decision confirmed the right of a child to make their own choice on the COVID-19 vaccine.

16 February 2022

Incorporated Societies – The New Act is Coming – What Should We Do?

From 16 February 2022, the new Incorporated Societies Act will be in the final stages of becoming law and, depending on the Parliamentary schedule, could be in place sometime in February or March 2022.

What does this mean for the estimated 23,000 societies currently incorporated under the 1908 Incorporated Societies Act?

8 February 2022

Appointing a Welfare Guardian - Personal Care and Welfare

A welfare guardian is a person appointed by the Court under the Protection of Personal and Property Rights Act 1988 (“the Act”) to make decisions for an individual when they cannot make decisions for themselves.

19 December 2021

Rural eSpeaking - Summer 2021

Inside the Summer 2021 edition of Rural eSpeaking: Water Services Act 2021: How does this affect the rural sector?; 'Nuisance' is still relevant in court: No fault is necessary; Over the fence: 2021 resident visa pathway for migrant workers - Covid on the farm - Vaccinations and employee rights.

23 November 2021

Companies (Directors Duties) Amendment Bill - Amending directors' duties for stakeholders

The Companies (Directors Duties) Amendment Bill was drawn out of the Members Bill ballot on 23 September 2021. The Bill proposes an amendment to Section 131 of the Companies Act 1993 to make it clear that, when a director determines what is in the best interests of the company, the director may consider wider stakeholder interests and not just the financial bottom line.

17 October 2021

Unfair Contract Regime Extended to Small Business Contracts

Businesses have less than a year to ensure terms in their small business contracts and their trade practices comply with requirements in the Fair Trading Amendment Act 2021 (Amendment Act).

3 October 2021

Listing your Property on Airbnb - What you need to know about short-term accommodation

If you are considering opening your property up to holiday makers, there are a number of legal, regulatory and practical considerations you need to be aware of.

13 September 2021

Commercial eSpeaking - Spring 2021

Inside the Spring 2021 edition of Commercial eSpeaking: Bonding agreements: Helping employers recoup training costs; Lease vs licence: Common contractual arrangements in commercial property; Business briefs: Unfair contract terms regime extended – Many welcome new sick leave provisions – Changes to the retention money regime for construction contracts.

6 September 2021

Changes to the Retention Money Regime for Construction Contracts

If passed, the new Construction Contracts (Retention Money) Amendment Bill will change the way contractors hold retention money for subcontractors.

26 August 2021

Cancelling Commercial Leases in a COVID-19 World

Along with the current impacts of COVID-19 on our everyday lives, law changes made by the Government are also having an ongoing effect on relationships between commercial landlords and their tenants.

18 August 2021

COVID-19 - Key Updates - August 2021

Lockdown employment law tips - The country has gone into a snap nationwide Level 4 lockdown. The lockdown is fast-moving, so this information may evolve as the situation develops. We have all experienced a lockdown before, however, this is the most sudden countrywide lockdown to date.

4 August 2021

Rural eSpeaking - Winter 2021

Inside the Winter 2021 issue of Rural eSpeaking: Significant
Natural Areas: What are they? Should I be concerned?; Buying or leasing Māori land: What does 'alienation' mean in this context?; Over the fence: Climate Change Commission: carbon farming - Dairy worker border exception process - What is a 'state of emergency'?

13 July 2021

Fineprint — Winter 2021

In the Winter 2021 edition of Fineprint: Buying off the plans becoming a more popular option in this tight housing market; New edition of To Trust or Not to Trust: updated since the Trusts Act 2019 came into force on 30 January 2021; Climate
Action Toolbox; Post-Covid working world: Keep employment agreements and policies up-to-date; An independent trustee: Can be more important than you might think; Postscript: Mature workers toolkit - Bright-line test extended to 10 years.

20 June 2021

New Zealand approves paid leave after a miscarriage or still-birth

As of 1 April 2021, the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 took effect. This act gives grieving parents three days of bereavement leave following a miscarriage or stillbirth.

4 May 2021

Fineprint - Autumn 2021

Social media - intellectual property owner's friend or foe?; Cyber security 101 for business; A child's right to a relationship with both their parents; LIM reports and property files; postscript.

22 March 2021

Property Speaking - Autumn 2021

Rent review in commercial leases; Reverse mortgages; Property briefs: Is your property fully insured?; Stage 2 of the Residential Tenancies Act changes now in force; Due diligence on a prospective tenant vs that person's right to privacy.

16 February 2021

Alcohol licensing: Police Opposition to Licence Applications

Under the Sale and Supply of Alcohol Act 2012 (the Act), the Police must look into alcohol licence applications and file a report with the District Licensing Committee (DLC) within 15 working days if they have matters in opposition to the application. DLCs are committees appointed by local authorities to consider and determine alcohol licence applications.

21 December 2020

Rural eSpeaking - Summer 2020

Investment in farming - A focus on syndicated farm investments; The finite supply of water - Water easements; Over the fence: Crown Pastoral Land Reform Bill - submissions open; Synlait settles Pokeno land dispute; Reminder: Trusts Act 2019 comes into effect on 30 January 2021.

8 December 2020

Christmas Parties and Health and Safety Obligations — Avoiding a Legal Sack of Coal this Christmas

We’re in the festive season again, and many companies are planning or hosting their annual Christmas parties. This article sets out a few tips to help employers throw a safe and enjoyable Christmas party. If you haven’t already, check out our article on Christmas Parties and Confidentiality Obligations as well.

30 November 2020

New requirements under the Privacy Act 2020 — Mandatory notifications for serious privacy breaches

The new Privacy Act 2020 (Act) comes into force on 1 December 2020. One of the more significant changes introduced is the requirement of mandatory breach notifications for serious breaches of privacy. This new framework places a higher responsibility on agencies to notify the Privacy Commissioner and affected individual(s) when there has been a serious breach.

26 November 2020

Fineprint - Summer 2020

Directorships mean significant obligations; Holiday houses; We're buying a house together; Building a fence in town.

29 October 2020

Labour's Workplace Relations & Safety policy

Labour’s Workplace Relations Safety policy promises more sick leave, increased wages, pay equity, and increased protections for vulnerable workers. Given the strong mandate Labour has received to govern, it’s likely changes to New Zealand’s employment law are imminent.

1 October 2020

Selling your property? Five key things to be aware of

There are a few traps for the unwary when selling a property. Here are five things you need to be aware of to avoid a costly mistake.

10 September 2020

Attention Landlords and Tenants — key changes are coming!

There have been significant amendments to the Residential Tenancies Act 1986 (RTA) which came into force on 12 August 2020. The changes are rolling out in three “stages”.

3 September 2020

Enforcement of commercial rent if parties have not agreed on a fair reduction during lockdown

Clause 27.5 of the Auckland District Law Society’s commercial lease broadly states that only a fair rental and outgoings is payable when the lessee has not been able to access the premises fully. It’s widely accepted that the clause applies to the Covid-19 lockdown.

20 August 2020

Trust eSpeaking - Spring 2020

Legal documents signed during lockdown; Trustees' decisions; Relationship property claims.

11 August 2020

Parenting Arrangements During Lockdown

The Government has announced that the Auckland region will be subject to level 3 restrictions from 12:00pm today, and that all other regions will be subject to level 2 restrictions. Parents, guardians and caregivers with children subject to parenting orders may be wondering how this affects their arrangements.

16 July 2020

How to Correct Errors on a Death Certificate in New Zealand

Death certificates have a high sentimental value for families and are part of the public record in New Zealand. Despite their significance, the information recorded in these documents is not always correct. Over the years, there have been incidents where people find that information on death certificates has been wrongly recorded.

29 June 2020

Triangular Employment Relationships

All businesses should be aware of an employment law change which came into effect on 27 June 2020, particularly businesses that use labour-hire companies, temping agencies, or regular contractors.

28 June 2020

Is Your Student Loan a Relationship Debt?

A conversation about student loans might not be an ideal start to a first date, especially if this is a relationship with some potential. However, when beginning a new relationship, it’s helpful to know what sort of debt your prospective significant other has.

24 June 2020

Property Speaking - Winter 2020

Commercial leases post-COVID - Clause 27.5 and inability to access premises; Residential tenancies post-COVID - some temporary changes; Property briefs: Healthy homes standards compliance; Commercial landlord alert - changes for non-payment of rent; Mortgages and loans for property owners.

11 June 2020

Will it work or will it not? Important clauses in mutual wills.

The recent case of McNeish v McArthur is an example of how important it is to include certain clauses in mutual wills.

10 June 2020

Fineprint - Autumn 2020

Going out on your own; How are enforceable penalties set out in controls?; Solving relationship property issues by mediation; Family protection and wills.

28 May 2020

Commercial eSpeaking - Winter 2020

The Wellbeing Budget 2020: Rebuilding Together; Government's COVID-19 wage subsidy scheme - Not a 'gift', there are employer obligations; Business briefs: COVID-19 can be 'frustrating'; Debt recovery process; 'Safe harbour' for directors.

7 May 2020

Rural eSpeaking

COVID-19 - Agriculture continues to be the mainstay of our economy; Rural leases - What if I can't get on the land in an extraordinary situation? Over the fence: Genuine reasons for fixed-term employment; Read terms of trade!; New Privacy Act will affect rural sector businesses.

22 April 2020

Parenting and Family Violence Matters During Lockdown - FAQ

FAQ for parenting and family violence matters during COVID-19 lockdown.

19 April 2020

Frequently asked questions about the Family Court during the Covid-19 lockdown

We answer frequently asked questions about Family Court matters during COVID-19 lockdown.

7 April 2020

Proposed Relief from Director Duties - What does this mean for you?

On 3 April 2020, in response to the evolving COVID-19 situation, the Minister of Finance announced that the Government will be introducing significant changes to the Companies Act 1993 (Act) to help ease the effects being felt by companies and enabling directors to manage their director duties when grappling with the impact of COVID-19.

29 March 2020

Covid-19 and Service Tenancies

On 25 March 2020, the COVID-19 Response (Urgent Management Measures) Legislation Act 2020 was passed and received royal assent. This included some major changes to the Residential Tenancies Act 1986 (RTA) with temporary effect (three months at the moment but to be reconsidered).

24 March 2020

How does COVID-19 affect your commercial lease?

Whether you are a landlord or tenant, the current situation is going to raise certain challenges for both parties in respect of their rights, obligations and liabilities under the lease of a commercial premises.

27 February 2020

Trust eSpeaking - Autumn 2020

Inside the Autumn 2020 edition of Trust eSpeaking: Succession law in New Zealand - Law Commission to review conflicting inheritance laws; Enduring powers of attorney - How many people should you name as attonrys?; Claims on an estate - How much can a disinherited child expect?

2 February 2020

Commercial eSpeaking - Summer 2020

Inside the Summer 2020 issue of Commercial eSpeaking: Shareholdings for employees or family members - rewarding value and increasing engagement; Restructuring your business - Consultation is key; Business briefs: Unfair business terms; Businesses should be cautious when sending commercial electronic messages; Manuka honey trade mark disputes.

13 June 2019

Deed of Family Arrangement

A Deed of Family Arrangement (DOFA) is a document recording the distribution of an estate where this will not be made in accordance with the terms of the Will or the laws of intestacy.

20 February 2019

Landlords, can a tenant assign their lease?

The rights of the landlord and tenant around the assignment of a lease will depend on either the written terms of your lease or the Property Law Act 2007 (“PLA”).

26 November 2017

The Deposit

A deposit under an agreement for sale and purchase is normally paid by the purchaser to show he or she is genuine in his or her desire to purchase the property - the purchaser could lose the deposit if he or she failed to complete the transaction once legally committed to do so.

2 August 2015

Rights of Way - rights and responsiblities

An easement is the right to use someone else’s land for a particular purpose. The 4th Schedule to the Land Transfer Regulations sets out the standard terms that apply to easements of right of way, rights to convey and drain water, rights to drain sewage and rights to convey electricity, telecommunications, computer media and gas created from 2002 onwards.

15 December 2014

Buying Land - The Value Of A Lim Report

It is a common misconception that you don’t need a LIM report when you buy bare land, or when the house and buildings have been signed off by Council. However, the value of a LIM report goes much further than that.

15 December 2014

Forcing The Sale Of Property Owned With Others

15 December 2014

Joint Tenancy VS. Tenancy In Common

Different forms of property ownership can have totally different consequences.