Latest updates

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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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