Latest updates

22 November 2023

Alcohol licensing and Christmas Parties

For any Christmas party, there are a range of matters to consider under the Sale and Supply of Alcohol Act 2012, as well as potential employment and health and safety obligations, and reputational issues.

7 November 2023

Property Speaking - Spring 2023

In the Spring 2023 edition of Property Speaking: What happens if your builder goes bust? Choose carefully; Alternative methods to sell your property: Auction and tender overview; Property briefs: First Home Partner scheme on hold; Council delays for property developers; short-term accommodation - take care; Election impact on property issues.

16 October 2023

Business Payment Practices Act 2023: New Reporting Obligations for Large Businesses

A follow-up article to our update on 4th April 2023, on the implications for businesses of the Business Payment Practices Act 2023, which comes into effect in May 2024.

28 September 2023

Construction Contracts (Retention Money) Amendment Act 2023: Are you prepared?

To provide an update on our last article, the Construction Contracts (Retention Money) Amendment Bill received royal assent in April 2023 (now known as the Construction Contracts (Retention Money) Amendment Act 2023 (Act)) and will come into effect on 5 October 2023. The Act seeks to clarify how retention money is managed under the current retention money regime set out in the Construction Contracts Act 2022.

14 September 2023

Who owns 'Up the Wahs'?

‘Up the Wahs’ has been sweeping the nation as the Warriors have had one of their most successful seasons in over a decade. But ownership of the phrase was called into question when the Warriors applied to register it as a trade mark, only to find craft beer brewing company Good George had beaten them to it.

30 July 2023

Rural eSpeaking - Winter 2023

In the Winter 2023 issue of Rural eSpeaking: Freshwater farm plans: Roll out by regions starting 1 August; Emissions Trading Scheme: Two discussion papers invite submissions; Over the fence: Obligations of working dog owners; MPI: Animal welfare checks; Firearms Registry opened 24 June 2023.

4 July 2023

Property Speaking - Winter 2023

Inside the Winter 2023 issue of Property Speaking, our property law newsletter:

• Kāinga Ora First Home Partner scheme: a co-ownership option
• Owning a heritage building: a burden or a boon?
• Property briefs: Unit titles legislation updates – First Home Grants thresholds increase – Loan to value restrictions eased

15 June 2023

Building in an Economic Downturn

Building companies collapsing during economic downturns is nothing new in New Zealand. It seems the rate of collapse can often be an economic indicator in and of itself. If you are in the market to engage a builder or construction company, we list some of the things to think about when signing up for work to be undertaken.

31 October 2022

Uber Drivers - Employees

The Employment Court recently released its decision in a case involving four Uber drivers who each sought declarations they were employees for the purposes of the Employment Relations Act 2000 (“Act”). Updated 13 June 2023.

1 June 2023

Commercial eSpeaking - Winter 2023

In the Winter 2023 issue of Commercial eSpeaking, our commercial law newsletter:

• 2023 Budget – key points;
• Business continuity planning: An essential component of running a business;
• Business briefs: Update on construction contracts retention regime – New obligations for businesses offering Buy Now Pay Later – Large businesses may need to disclose payment practices – Are your T&Cs unfair?

11 May 2023

Construction Contracts Act 2002 – Payment Claims and Payment Schedules

The Construction Contracts Act 2002 governs the payment claim process between parties to construction contracts in New Zealand. This article discusses how the process works for both contractors and principals.

20 April 2023

Introducing Brent Baldwin, Special Counsel.

Brent has had an interesting career as a commercial lawyer, working in the bustling city skyscrapers of Dubai, and the the captial of UAE, Abu Dhabi. Now he's here at NWM, with a wealth of knowledge in commercial property transactions. 

20 April 2023

Property Speaking - Autumn 2023

In the Autumn 2023 edition of Property Speaking, our property law newsletter: Storm damage to properties: For landlords, tenants and buyers; Subdivision consents: Recent changes to planning rules; Property briefs: Update on legislation – Changes to LIM information – Replacement of the Resource Management Act 1991.

14 March 2023

Bright-line test and lifestyle blocks

Lifestyle block owners … are you selling? Do you need guidance on the definition of residential land for the purposes of the bright-line test?

2 March 2023

Buying or Selling a Farm in New Zealand

Farms are significant assets, so when it comes to buying or selling a farm, extra care should be taken to ensure that you’re getting the right advice. Whether you’re looking at a small or large-scale operation this article will provide a good framework to help you avoid common pitfalls when it’s time to buy or sell.

21 February 2023

Purchasing a property - Should you rely on a report supplied by the vendor?

If you are purchasing a property we strongly advise you accept the additional cost and obtain your own LIM and builder's reports rather than rely on any reports supplied by the vendor. We give the reasons why.

17 January 2023

Formal Warnings issued by the FMA for Non-Compliant Practices

Following a review of wholesale investments into property related offers, the Financial Markets Authority (FMA) has issued formal warnings to seven property investment firms for alleged non-compliant practices.

8 December 2022

Land Covenants - How can irrelevant covenants be removed from the land?

It is common in New Zealand for properties to be subject to restrictive land covenants.

A land owner affected by a covenant may apply to the Court under the Property Law Act to have the Covenant removed from the affected titles. The Court may consider various factors when deciding whether to grant the application.

13 November 2022

Commerce Commission warns freight forwarding companies

The Commerce Commission recently warned eight international freight forwarding companies for likely entering into cartel arrangements with Mondiale Freight Services Limited and Oceanbridge Shipping Limited between 2014 and 2018.

22 September 2022

Commercial eSpeaking - Spring 2022

Inside the Spring 2022 issue of Commercial eSpeaking 2022: Contract compliance: Fair Trading Amendment Act 2021 now in force; Hybrid working: Now an option for many employees; Business briefs: Hiring migrant workers - what the new AEWV means for you; Changes to the Holidays Act on the horizon (but not before the Christmas holidays); FMA review of ethical investing.

18 August 2022

Trusts eSpeaking - Spring 2022

Inside the Spring 2022 edition of Trust eSpeaking:

• Trusts Act 2019 also affects executors and administrators of wills: mandatory and default duties explained
• Wearing two hats in a family protection claim: get independent advice
• When Lotto winners fall out: The importance of who gets what

9 August 2022

Changes Coming to Alcohol Laws?

There are a number of changes potentially coming to the Sale and Supply of Alcohol Act 2012 (Act) – the majority of which come from Auckland Central and Green Party MP Chlöe Swarbrick’s Amendment Bill, which was drawn from the member’s Ballot on 30 June 2022.

25 July 2022

Fineprint - Winter 2022

Inside the Winter 2022 edition of Fineprint:

• Creditor compromise regime: Another option in insolvency;
• Guest editorial from the ANZ: The economy - tougher times ahead?;
• Love, heartbreak and . . . death? Make a new will and EPAs when you separate;
• New Incorporated Societies Act 2022: Important changes and timeframes;
• Postscript: Fair Pay Agreements Bill - Scams: be vigilant - New whistleblowing legislation now in force

10 July 2022

Vendor Warranties - sale and purchase of Real Estate or a Business

When selling land or business, generally a vendor will give various warranties to a purchaser. These warranties are intended to provide a purchaser with promises that the vendor has made in respect of facts relating to a business or property, and these promises may have enticed a purchaser to enter into an agreement. There is an expectation that a purchaser can rely on these warranties and that the purchaser will get what they’ve paid for.

22 June 2022

Property Speaking - Winter 2022

Inside the Winter 2022 edition of Property Speaking: Co-owning a property: Think about having a property sharing agreement; Land covenants: Rules on how you can use your land; Property briefs: Healthy homes standards have changed - Rent relief for commercial tenants - Rising interest rates causing anxiety.

30 May 2022

Commercial eSpeaking - Winter 2022

Inside the Winter 2022 edition of Commercial eSpeaking: 2022 Budget: Commentary on the main points; Proposed Income Insurance Scheme: Would be compulsory for most Kiwis; Business briefs: Fair Pay Agreements Bill on the table - Proposed legislation to address modern slavery and worker exploitation - Incorporated societies: what next? - Next stage of vaping legislation coming into effect.

25 May 2022

Change to Government assistance for first home buyers

With the ever-increasing unaffordability in the New Zealand property market the Government has recently announced, via the 2022 Budget, changes on how it can assist first home buyers entering the property market.

18 May 2022

Rural eSpeaking - Autumn

In the Autumn 2022 issue of Rural eSpeaking, our rural law newsletter: He Waka Eke Noa: Options out of the ETS for the primary sector; Forestry update: Challenges ahead; Over the fence: New minimum wage - Vaccine mandate ends: how this will affect the rural sector - Russia Sanctions Act: impact on the rural sector

13 April 2022

Fineprint - Autumn 2022

Inside the Autumn 2022 edition of Fineprint: Mental health in the workplace: an employer's issue; Co-ownership arrangements: could be a good option to get on the property ladder; Checking your home is accurately insured: regularly review the sum insured; Helping your family before you pass away; Notifications of privacy breaches increase significantly: check systems are in place; Postscript - New holidays legislation in the pipeline - Minimum wage increased from 1 April

13 April 2022

Mainzeal in the Supreme Court

Mainzeal Property and Construction Ltd (Mainzeal) was one of New Zealand’s largest construction companies before it was placed in liquidation on 28 February 2013. Given its prominence as a high-profile New Zealand business, the presence of a former Prime Minister on its board and the implications for corporate governance in New Zealand, the various Mainzeal court proceedings have received considerable attention. They have also been important given the implications various courts’ decisions have for company directors.

29 March 2022

Property Speaking - Autumn 2022

Inside the Autumn 2022 issue of Property eSpeaking: Resource consents: What are they and when do you need one?; Not sure of your boundary? Remedies if there is an encroachment; Property briefs: Updates to ADLS Agreement important for buyers and sellers - Building in the Covid landscape - Harsh CCCFA provisions relaxed.

20 March 2022

When is an employment settlement agreement 'full and final'?

Employment relationship problems can be a relatively common occurrence. They can be complex and may need intervention from a representative or third party to settle. When these types of problems happen, an employer and employee will want certainty from any settlement agreement.

2 March 2022

Changes to the Standard Agreement for Sale and Purchase - Release of the 11th edition

The standard Agreement used for the sale and purchase of real estate in NZ was updated on 8 February 2022 with the release of the 11th edition of the Agreement. This latest edition has several changes.

27 February 2022

What to do if your business is financially distressed

If you find yourself in a position where you cannot pay your bills as they fall due, we suggest that you consider the following options ...

16 February 2022

Incorporated Societies – The New Act is Coming – What Does It Say?

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.

How do the “rules” in the new Act differ from those in the current (1908)Incorporated Societies Act?

9 February 2022

Implementing the COVID-19 Protection Framework in the courts and tribunals

The Ministry of Justice has released the key measures that will be taken to manage health and safety in the courts and tribunals. These took effect on 31 January 2022.

7 February 2022

Commercial eSpeaking - Summer 2022

Inside the Summer 2022 edition of Commercial eSpeaking: Contractors: a veritable minefield of employment law; Grounding your jet-setters: The Covid dilemma of annual leave and holidaying offshore; Business briefs: Charges against Bunnings dismissed; directors found trading recklessly may face multiple fines; important upcoming leglislation drafted.

9 December 2021

Fineprint - Summer 2021

Inside the Summer 2021 issue of Fineprint: Defining a de facto relationship: not that straightforward when it comes to property; Lockdown rent relief: are there remedies?; Working from home: tax status of allowances; Digital Boost: a tool for small business; Waikato DHB cyber-attack: business owners must stay vigilant; Postscript: Looking after your wellbeing - Put Matariki 2022 into your calendar - Stay safe this summer.

8 November 2021

Property Speaking - Summer 2021

Inside the Summer 2021 issue of Property Speaking: Disputes in contracts: Help is at hand if things go wrong with your build; Caveats: Protecting your interest in land; Property briefs: Impacts on property dealings during Covid in Levels 3 and 2 - moving, buying and selling; property inspections; rent relief for commercial tenancies; dispute resolution - Using your property as an Airbnb over the summer.

10 October 2021

Assisting a family member to purchase a house?

Are you thinking about helping a family member by contributing towards their first home purchase? What is the best way to do this? The answer depends on your circumstances.

26 September 2021

Property Sharing Agreements - Forcing a Sale

When you’re buying a property as tenants in common (see the article Joint Tenancy vs Tenancy in Common), it’s particularly important that you have a property sharing agreement that includes provisions on what to do if your property sharing relationship breaks down.

6 September 2021

Selling a property – will you have to pay bright-line tax?

The bright-line tax rules were recently changed. Below are some key points you should know if you are considering selling your residential property.

30 August 2021

Trust eSpeaking - Spring 2021

Inside the Spring 2021 edition of Trust eSpeaking: Buying your first home using KiwiSaver funds: But you’re already the trustee of a trust; Estate laws due for a shake-up; Britney Spears’ conservatorship: Could it happen in New Zealand?

22 August 2021

Sorting Out My Parenting Matter

Unfortunately, if parents separate and cannot agree on the care arrangements for their children, they may need to apply to the Family Court in one of two ways: Without Notice Applications, or On Notice Applications. This article sets out how each of these applications works.

15 August 2021

Fair Pay Agreements

At the beginning of May, the Government announced their proposal for a Fair Pay Agreement System. If enacted, this will be a significant overhaul of employment relations law in New Zealand.

20 July 2021

Farm Debt Mediation

1 July 2021 was the first anniversary of the Farm Debt Mediation Act 2019 fully coming into force. It’s now an opportune time to be reminded how the Farm Debt Mediation Scheme operates.

5 July 2021

Working Visas for Rural Employers

Migrant workers play a critical role in filling job openings not filled by local labour. However, it’s important for employers to understand that there are significant differences between employing New Zealand citizens and employing migrant
workers.

11 May 2021

Rural eSpeaking — Autumn 2021

Rural leases - Should be more specific; Trusts - Still fit for purpose for farm ownership and succession?; Over the fence: Privacy Act 2020 - affects rural sector too; New residential tenancy laws: implications for farm accommodation; National Environmental Standards for Freshwater Regulations 2020 - impacts on winter grazing.

15 April 2021

Tiny Homes? How to protect your position when it comes to entering in to a leasing arrangement

Whether you're looking to buy a tiny home for the purpose of renting, or buying as an affordable option to owning your own home, very few think about the placement of their tiny home once it's complete and how to protect themselves when it comes to a landlord/tenant type relationship.

25 February 2021

Trust eSpeaking - Autumn 2021

Succession and trust law changes; Trustees' expenses; New trusts legislation now in force.

16 February 2021

Commercial eSpeaking - Summer 2021

Raising capital for your business; Having a puff at work; Business briefs: Covid relief key expiry for businesses in 2021; Toolkit for employing mature-age workers; Minimum wage increases on 1 April 2021; Government proposes sick leave increase; Working at Easter and ANZAC Day.

17 December 2020

The case for having Terms of Trade

A recent case in the High Court is a good reminder for why every business should have Terms of Trade.

7 December 2020

Christmas Parties and Confidential Information — A Potentially Dangerous Mix

The silly season is nearly here and more importantly 2020 is almost over! Before we can say goodbye to one of the strangest and most challenging years, we get to enjoy the tradition of the work Christmas party.

30 November 2020

Overhaul of the Privacy Act — New changes coming into force 1 December 2020

The Privacy framework in New Zealand is due for its first major overhaul since the commencement of the Privacy Act 1993.

18 November 2020

Farm Tenancies, Landlord Responsibilities and Healthy Homes

Farm owners providing accommodation to employees must comply with the Residential Tenancies Act 1986. If you’re a farmer and a landlord you’d be forgiven for feeling the latest changes to the Residential Tenancies Act might seem daunting.

21 October 2020

Property Speaking - Summer 2020

Changes to the Building Act 2004 - Consents not needed for small builds; Understanding your property title - 'Estate' 'Ownership with others' and 'interests'; Property briefs: Allowing for COVID-related settlement delays; Residential Tenancies Amendment Act 2020 - three stages of changes; Reminder - Temporary COVID residential tenancies changes have ended.

15 September 2020

Commercial eSpeaking - Spring 2020

COVID relief roundup - how many schemes are you eligible under?; OIO temporary emergency notification requirement - for all overseas purchasers; Business briefs: Privacy law changes; Remote working - the new normal; Know your contracts; 'Safe harbour' for directors to expire.

3 September 2020

Preparing a Will in the digital age

A will is an extremely important document; it ensures your wishes are known regarding the treatment of your assets after your death. While tangible assets are given considerable attention, digital assets are often overlooked.

24 August 2020

Buying and selling a house under COVID-19 levels 2 and 3

The rules around sale and purchase of real estate during COVID-19 alert levels two and three.

16 August 2020

Rural eSpeaking - Winter-Spring 2020

Rural leases - more on COVID and access issues to land; National Environmental Standards for Freshwater 2020; Over the fence: Tougher firearms legislation now in force; Temporary work visas; New environmental legislation passed; Recommendation for the RMA be repealed.

23 July 2020

Remote working - the new normal

As a result of the Covid-19 lockdown, some employees were required to work remotely from their homes. Some have now found “the grass is greener on the other side” and want these arrangements to continue.

9 July 2020

Enforcement of personal guarantees

The impact of COVID-19 will see some companies facing liquidation or entering into creditor compromises. Many companies are unable to pay their debts on time or are paying reduced amounts. The new business debt hibernation might also begin to be used more widely which could slow or reduce payments further and some creditors won’t survive financially if they can’t recover more of their accounts receivable. Creditors tend to be pushing hard for payment now and generally New Zealanders are giving each other as much leeway as possible to get through this tough time together.

29 June 2020

Fineprint - Winter 2020

Emission control: What the Zero Carbon Act means for business; Editorial: Our new normal post-COVID; Charities in New Zealand; Privacy in an ever-evolving digital age: New Privacy Act.

25 June 2020

Agreement for sale and purchase of land must be signed by all trustees

When a trust is selling or buying property, if the agreement is to be legally binding without any argument being raised otherwise, it is important that all the trustees are named in the agreement and all the trustees sign it.

18 June 2020

Six Tips You Should Know Before Buying Your First Home

Six tips for buying your first home.

10 June 2020

Property Speaking - Autumn 2020

Adapting the agreements can help property developers - Helps mitigate risk; Agreement for Sale and Purchase of Real Estate - 10th edition contains significant changes for buyers and sellers; Property briefs: Update on Overseas Investments Act 2005; Refresher on privacy rights for tenants; Proposed residential tenancy changes.

4 June 2020

Sunset clause in subdivision sale agreement passes reasonable person test

The subdivision process can take many months and even years to complete. Because of the time involved and potential for unexpected issues and delays, an agreement for sale and purchase of a property being subdivided should have additional clauses for the protection of both the developer and the buyer. One of these protections is a “sunset clause”.

14 May 2020

The 3 most common reasons a Will can be challenged

Three common reasons why a Will can be challenged.

30 April 2020

Buying or Selling Property ? What does the 10th Edition mean for you?

The standard Agreement for Sale and Purchase is used for the sale and purchase of the vast majority of properties in New Zealand - rural, commercial and residential. The 10th edition made substantial changes to the previous version. Some of the changes benefit the seller and some of them benefit the purchaser.

20 April 2020

Business Debt Hibernation

Following our recent article outlining the Government’s support packages for businesses, this article provides a short summary of how the Government’s proposed Business Debt Hibernation Scheme (Hibernation) is intended to work.

16 April 2020

Residential Tenancies & Covid-19

This article provides an explanation of the current amendments to the Residential Tenancies Act 1986 (the Act) and the potential legal effect of the amendments to the Act and the Lockdown to your residential tenancies.

5 April 2020

COVID-19 FAQ Sheet for Employers

Providing employers with general information about the Government’s COVID-19 Wage Subsidy Scheme (WSS).

26 March 2020

Commercial Leases & Covid-19

Many tenants and landlords are wondering how the current Alert Level 4 Lockdown (Lockdown) affects their commercial leases. This article provides a short general explanation of the potential legal effect of the Lockdown on your lease.

19 March 2020

Can you rely on the seller's or agent's LIM report when buying a property?

Before you commit to buying a property it’s always wise to obtain a LIM report. You should also consider making your purchase agreement conditional on your approval of the LIM.

20 February 2020

Business partnerships - the law dictates the terms unless partners agree otherwise

There is one very good reason (among many others) why it’s important to clearly document any business arrangement.

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.

29 July 2019

Agreements to sell and buy subdivided land - the right to cancel

Agreements for the sale and purchase of land before it has a title are fairly commonplace. What is not often realised, however, are the conditions implied into such agreements under the Resource Management Act 1991 (the RMA). These conditions mean the agreement could be cancelled if certain milestones are not reached within the time frames specified in that Act.

19 June 2018

Thinking of subdividing your property? Considerations before you start.

With land prices at a premium and demand high, subdividing your land could be a great way to sell part of your property and use the money to repay debt or to invest. However, there are a number of considerations to make before jumping into the process feet first.

27 October 2016

Deeds, Agreements & Contracts - FAQ's 101

Why are some documents “Deeds”, some “Agreements” and some “Contracts”?

26 February 2015

Sold! What happens to employees when a business is sold?

As a business owner you’ll want to maximise value in your business when you sell it. One way of enhancing value is to manage your employees carefully during the process.

15 December 2014

Paper Roads And Public Access

Paper roads are relatively widespread across New Zealand farmland. Although paper roads may be marked on survey plans, because they have not been formed, they are difficult to identify on the ground.

15 December 2014

Receivership Or Liquidation - Does It Make Any Difference?

A company that owes you money goes into liquidation or receivership. Does it make any difference to you which it is?

12 December 2019

Employer obligations when hosting Christmas parties

For employers, a well executed Christmas party can be an important boost to staff morale and team spirit; however, if employers aren’t careful, issues arising at the Christmas party can result in a longer lasting headache than otherwise expected.

28 November 2019

Penalties and liquidated damages

Sometimes contracts include clauses which state that if a party to the contract fails to fulfil an obligation under the contract, then that party must pay an amount to the other party. Such clauses are unenforceable if they are seen as ‘penalty clauses’, which intend to punish a particular party to the contract.

17 October 2019

Is your business infringing someone else's intellectual property rights?

When starting a new business, there’s also one fundamental consideration which is often overlooked that can halt a new business. If your business infringes on another person’s intellectual property (such as a trade mark), you run the risk of having to re-brand and start from scratch, or potentially having to appear in court and pay damages to the other party for the infringement.

10 October 2019

Skimpy document prepared without legal advice legally binding

It’s not uncommon for documents which have been prepared without legal advice to result in disputes about their interpretation, or even disputes as to whether the parties intended them to be legally binding.