News & Publications

THE END OF THE EMERGENCY NOTIFICATION REGIME

Posted by Thomas Barnaby on July 6 2021

In our previous article , we explained the new ‘investor test’ which came into force on 22 March 2021 as part of a collection of various other measures in the Overseas investment (Urgent Measures) Amendment Act 2020 . Further to that article, the New Zealand Government has since... Read the rest of this entry

MUCH ANTICIPATED CHANGES TO GOVERNANCE OF SOCIETIES

Posted by Dasha Kovalenko-Gormack on July 5 2021

It is fair to say that the introduction of the Incorporated Societies Bill 2021 (Bill) has been much anticipated. The Bill will replace the Incorporated Societies Act 1908 (Act) and will aim to codify principles established in case law and strengthen general governance of not-for-profits.... Read the rest of this entry

“RESULT: MISERY” – NOT THE FINAL WORD

Posted by Shan Langston on July 5 2021

1.   The Court of Appeal in Preston v Preston [2020] NZCA 679 , in summing up the outcome for Mrs Preston in the lower court, concluded “result: misery”. 2.  The Court of Appeal’s comment, while apt in describing the history of the litigation and the result... Read the rest of this entry

COVID VACCINATION WORKPLACE POLICY

Posted by Tony Sung on April 21 2021

From July onwards, as per the Covid rollout plan, two million New Zealanders will be eligible to receive the vaccination, which means, employers will need to have a clear understanding on their rights and responsibilities regarding the Covid vaccination. If an employer wishes to... Read the rest of this entry

BOUNDARY ADJUSTMENT

Posted by Neeru Kesry on April 21 2021

A legal boundary adjustment is a form of subdivision (and is classified as a subdivision by the Resource Management Act 1991) involving two or more adjacent properties changing the common boundaries, rather than the creation of additional lots. Boundary adjustment subdivisions between neighbours... Read the rest of this entry

MIND YOUR BUSINESS – A GUIDE FOR MANAGING YOUR EMPLOYEE’S VISA

Posted by Dew James on April 21 2021

The recent Employment Relations Authority ( ERA ) decision in Dilshaad Gill v Restaurant Brands Ltd [2021] NZERA 61 3069072 highlights the importance for employers to thoughtfully balance their seemingly competing obligations under New Zealand Employment and Immigration Law. This... Read the rest of this entry

NEW OIO INVESTOR TEST: CHARACTER AND CAPABIILITY

Posted by Thomas Barnaby on April 21 2021

In our previous article , we explained the measures expedited under the Overseas Investment (Urgent Measures) Amendment Bill which were introduced to protect vulnerable firms and assets from ‘fire sales’ to overseas investors. Further to that article, a new ‘investor... Read the rest of this entry

DUE DILIGENCE ON TITLES AND THE IMPORTANCE OF REGISTERED DOCUMENTS

Posted by Aidan Tattley on March 31 2021

The importance of doing proper due diligence on a property is hard to understate. Whether it is in the context of acquiring a single residential property, a cross-lease, unit title or a subdividable block of the land, the message is the same. Proper legal due diligence is a must. Equally, if you... Read the rest of this entry

ENGAGING LAWYERS EARLY

Posted by Jessica Belgrave on March 31 2021

Because lawyers are perceived as being expensive, they are often brought into transactions late in the piece to avoid ‘unnecessary’ costs. However engaging lawyers early will ultimately save you time, money and help prevent unforeseen consequences. In the early stages of... Read the rest of this entry

CONTRACTING OUT AGREEMENTS AND THE FAMILY PROTECTION ACT 1995

Posted by Shan Langston on March 31 2021

Contracting out agreements are useful to give certainty around the division of assets in the event of a separation. This is especially so for later life relationships where individuals are entering into second or subsequent relationships with a significant asset pool already in place.... Read the rest of this entry

ONLINE DEFAMATION AND TROLLING – WHAT TO DO?

Posted by Kalev Crossland on March 3 2021

Over the last several years the only platform over which we have been consulted in connection with defamation is the Internet. Online defamation is worse than defamation published in newspapers. This is because of the permanent nature of the internet. The second exacerbating feature of... Read the rest of this entry

GUARANTEES – GET IT IN ‘BLACK AND WHITE’ OR RISK BEING SORRY!

Posted by Dasha Kovalenko-Gormack on March 3 2021

If you own a business, borrow/lend money or have bought property, chances are you have come across guarantees. Lenders see a guarantee as a form of security. However, it is important to understand how to best protect yourself if you are relying upon the enforceability of a guarantee and... Read the rest of this entry

COVID-19 RESTRICTIONS AND MINIMUM WAGE

Posted by Tony Sung on March 3 2021

The recent lockdowns imposed in Auckland are a timely reminder that employers need to be clear on their rights and responsibilities during Covid-19. You may recall Sandhu v Gate Gourmet New Zealand Ltd [2020] NZERA 259 decision of the Employment Relations Authority in June last... Read the rest of this entry

FINANCIAL ADVISERS – NEW DISCLOSURE REQUIREMENTS

Posted by Thomas Barnaby on March 3 2021

If you are a financial advice provider or a financial adviser, new disclosure obligations will apply to you, effective 15 March 2021. These new disclosure obligations aim to improve transparency and to ensure retail clients are provided with information to help them make important financial... Read the rest of this entry

PART 3: GUIDE TO LAND TRANSACTIONS AND DEVELOPMENT

Posted by Deanna Clark on January 20 2021

This three-part guide comprises sections on the following subject matters: Commercial and Residential Conveyancing Land Development and Subdivision Building and Construction   PART THREE: BUILDING AND CONSTRUCTION Building Act / Building Code... Read the rest of this entry

INFRASTRUCTURE – BUILDING OUR WAY TO GROWTH

Posted by Aidan Tattley on January 20 2021

Many economic predictions have missed the mark in 2020, and no doubt there will be many more go the same way, in the everchanging and unpredictable environment last year proved to be, along with evolving situations abroad. In the uncertainty, there are a few things which are unavoidable,... Read the rest of this entry

RISKY BUSINESS – DIRECTORS’ RECKLESS TRADING

Posted by Jesvin Boparoy on January 20 2021

In September last year, the Supreme Court reviewed the law relating to breaches of directors’ duties in a pivotal decision - Madsen-Ries and Levin as Liquidators of Debut Homes Limited (in liquidation) v Cooper [2020] NZSC 100 . The decision delivered important guidelines for company... Read the rest of this entry

A NEW PLAYING FIELD

Posted by Dew James on December 8 2020

The long process of overhauling New Zealand’s employer-assisted work visa framework will be entering the third and final phase in 2021. In the intervening years since 2019, Immigration New Zealand (INZ) introduced sweeping changes to existing employer-assisted work visa... Read the rest of this entry

COVID AND REMEDYING DEFAULTS UNDER A MORTGAGE

Posted by Neeru Kesry on December 8 2020

As from 16 May 2020, temporary law changes were made to assist mortgagors facing financial hardship due to the impact of the Covid-19 pandemic. The changes made to the Property Law Act 2007 included the insertion of new sections 120A to 120E as part of the Covid-19 Response (Further... Read the rest of this entry

TO BEQUEATH, OR NOT?

Posted by Emma Miller on December 8 2020

As we approach the end of 2020, many of us are reflecting on the last difficult 12 months and considering sorting out our affairs. Estate planning is something we like to put off to later, it is just one of those things that we do not want to think about now and end up leaving to the eleventh... Read the rest of this entry