Latest updates

10 August 2022

Rural eSpeaking - Winter 2022

Inside the Winter 2022 edition of Rural eSpeaking:

He Waka Eke Noa: Recommendations with the government;
Crown Pastoral Land Reform Act 2022: Tenure review has ended;
Over the fence: Health and safety responsibility; Stock control bylaw changes; Live export contracts and force majeure clauses.

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.

26 July 2022

Protected Disclosures (Protection of Whistleblowers) Act 2022 - the expansion of serious wrongdoing

This article expands on our previous article on the new Protected Disclosures (Protection of Whistleblowers) Act 2022 which came into force on 1 July 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

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21 July 2022

To Give or Not to Give

The Charities Act 2005 (Act) provides the legal framework for registered charities in New Zealand. Now, changes are afoot for the Act.

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.

28 June 2022

Relocating your business: what to do with your current lease

There are often many circumstances which make it necessary to bring a lease to an end early. It’s important to understand the options available to you when trying to terminate or get out of your lease early. There is an increased risk to you if you don’t end your existing lease correctly.

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.

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16 June 2022

Changes to Apartment Living - Unit Titles Act Update

Changes to the Unit Titles Act 2010 are due to come into force with the introduction of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022. The amendment Act will start when it is confirmed by regulations or on 9 May 2024.

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.

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30 May 2022

Changes to protected disclosures framework for organisations.

The Protected Disclosures Act 2000 (Act) will be repealed and replaced by the Protected Disclosures (Protection of Whistleblowers) Bill (Bill) on 1 July 2022.

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

Three Waters Reform Programme - Water Service Act 2021

What is 'Three Waters' and what impact will it have on our rural communities?

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

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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

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

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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

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.

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.

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.

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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.

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.

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.

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

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.

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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 ...

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 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?

16 February 2022

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

What does this mean for the estimated 23,000 societies currently incorporated under the 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.

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.

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.

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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.

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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.

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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.

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.

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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).

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.

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.

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.

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.

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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.

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.

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?

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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.

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.

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.

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.

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'?

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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.

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.

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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.

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.

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.

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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.

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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.

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.

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25 February 2021

Trust eSpeaking - Autumn 2021

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

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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.

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.

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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.

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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.

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.

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

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.

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.

26 November 2020

Fineprint - Summer 2020

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

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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.

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.

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.

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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.

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.

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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

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.

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.

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.

20 August 2020

Trust eSpeaking - Spring 2020

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

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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.

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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.

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.

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.

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

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.

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.

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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.

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.

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.

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18 June 2020

Six Tips You Should Know Before Buying Your First Home

Six tips for buying your first home.

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

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.

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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.

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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”.

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.

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14 May 2020

The 3 most common reasons a Will can be challenged

Three common reasons why a Will can be challenged.

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.

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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.

22 April 2020

Parenting and Family Violence Matters During Lockdown - FAQ

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

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.

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.

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.

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.

5 April 2020

COVID-19 FAQ Sheet for Employers

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

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).

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.

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.

19 March 2020

Cany 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.

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?

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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.

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8 January 2020

Contracts and the officious bystander - implied terms must be obvious

Arguing terms should be implied into contracts after they have been made is rightfully beset with difficulty. Parties to contracts need certainty about what has been agreed.

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.

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.

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”).

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.

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.

27 October 2016

Deeds, Agreements & Contracts - FAQ's 101

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

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.

26 February 2015