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PRO BONO AND CONDITIONAL FEE AGREEMENTS
Posted by Tori Munyard on May 16 2023
In my experience with lawyers, their passion for helping their clients is a common theme. They confidently provide a valuable service that positions clients for a positive future, gets them out of a current predicament, sets expectations for relationships, and protects relationships from... Read the rest of this entry
COULD DEFAMATION BE AFFECTING YOUR ONLINE REPUTATION?
Posted by Tori Munyard on March 21 2023
As the saying goes, “first impressions are everything” and, in the digital age, online reviews are just one tool that a business can utilise to influence and attract consumers. There have been significant increases in customers shopping online, and in conjunction with the... Read the rest of this entry
FAIR PAY AGREEMENTS BILL RECEIVES ROYAL ASSENT
Posted by Tori Munyard on March 21 2023
The Fair Pay Agreements Bill introduced in March 2022 received its Royal Assent on 1 November 2022. This Bill, which came into force on 1 December 2022, was introduced to provide a framework for collective bargaining for fair pay agreements across entire industries or occupations,... Read the rest of this entry
PAPERWORK IN A DIGITAL AGE
Posted by Tori Munyard on March 21 2023
The pandemic and the electronic age have significantly impacted the way we use documents. When it comes to knowing what documents must be kept in their original form, there is considerable confusion. Anti-Money Laundering and Countering Financing of Terrorism legislation (AML) has... Read the rest of this entry
WEDDING BELLS ON THE HORIZON?
Posted by Tori Munyard on October 28 2022
I know this may be the last thing you’re thinking about when packing for your honeymoon, however, it would be wise to consider updating your Will. A little unknown fact is that upon marriage or a civil union, your existing Will is automatically declared null and... Read the rest of this entry
SUPREME COURT REITERATED SANCTITY OF EMPLOYMENT SETTLEMENT AGREEMENTS
Posted by Tori Munyard on October 28 2022
In TUV v Chief of New Zealand Defence Force [2022] NZSC 69, TUV claimed she was bullied and harassed whilst employed by the New Zealand Defence Force resulting in unjustified dismissal. TUV accepted that she had entered into a settlement agreement with the New Zealand Defence Force in respect... Read the rest of this entry
FAIR TRADING AMENDMENT ACT – LIFE IS NOT FAIR, NOW WHAT?
Posted by Tori Munyard on October 28 2022
New legislation now in force addresses unfair commercial practices in an attempt to ensure that New Zealand has a trading environment where both businesses and consumers are treated fairly. The Fair Trading Amendment Act 2021 (Act) places new obligations on businesses and provides new... Read the rest of this entry
TO CONSIDER, OR NOT TO CONSIDER – THE DISTRIBUTION OF TRUST ASSETS
Posted by Tori Munyard on October 28 2022
Trustees now have guidance as to whether two types of factors can or should be taken into account when deciding whether to distribute trust assets. The Court of Appeal in Kain v Public Trust [2021] NZCA 685 recently confirmed that a trustee may take into account: A... Read the rest of this entry
TAKING A LEAP – BUYING A BUSINESS
Posted by Tori Munyard on September 23 2022
Buying a business is risky, but big risks can have high rewards. If you are thinking about taking the plunge and buying a business, here are some things to consider: What are you buying? Be clear on what you are buying. Are you buying just assets and/or shares?... Read the rest of this entry
“RISING FROM THE ASHES” - PHOENIX COMPANIES
Posted by Tori Munyard on September 23 2022
Recently, there has been a rise of failed companies (particularly within the construction industry) where directors seek to restart their businesses again via a “new company” with a similar trading name, staff, assets, and overall business plan but without taking over the old... Read the rest of this entry
CAN WE TRUST DIGITAL SIGNING?
Posted by Tori Munyard on September 23 2022
A general manager is a manager of all things general. You need to know enough to not get in trouble, but not so much you become an expert in one area, neglecting others. I decided I needed to know more about digital signatures. Not necessarily understanding coding or encryption techniques, but... Read the rest of this entry
VALIDATION OF WILLS: SECTION 14 OF THE WILLS ACT 2007
Posted by Tori Munyard on September 23 2022
The Wills Act 2007 sets out how wills should be prepared, executed, and administered. For a will to be valid, section 11 of the Act, requires a will to be in writing, signed by the will-maker (or another at the will-maker’s direction in his or her presence), witnessed by... Read the rest of this entry
FAILED ATTEMPT TO PIERCE EMPLOYER’S CORPORATE VEIL
Posted by Tori Munyard on August 23 2022
A recent decision in the Employment Relations Authority highlights the importance of assessing the corporate employer’s ability to pay compensation before issuing proceedings. In De Sousa, De Sousa, Cavanagh, Keats, Kean, Araujo, Banphet and Morison v Bayside Fine Food Ltd (in... Read the rest of this entry
DIRECTORS IN NEW ZEALAND – KEY DUTIES
Posted by Tori Munyard on August 23 2022
Directors have a key role in corporate governance. They set the goals and aims of a company, provide leadership and supervision to management, and report to the shareholders. There are clearly defined duties in the Companies Act 1993 that apply to directors, and it is critical that directors... Read the rest of this entry
NEW CONDUCT REGIME FOR FINANCIAL INSTITUTIONS
Posted by Tori Munyard on August 23 2022
New legislation has been passed with the intention to drive positive industry behaviour change to ensure the fair treatment of consumers by financial institutions. The Financial Markets (Conduct of Institutions) Amendment Act 2022 also known as the Conduct of Financial Institutions... Read the rest of this entry
GAMBLING FOR THE GREATER GOOD
Posted by Tori Munyard on July 29 2022
We have seen numerous organisations running lotteries and competitions to raise funds. These lotteries and competitions are regulated under the Gambling Act 2003 (Act), which states that all gambling activities are prohibited unless authorised by the Act. The Act categorises gambling... Read the rest of this entry
THE POST-COVID LAWYER-CLIENT RELATIONSHIP
Posted by Tori Munyard on July 29 2022
Covid was a major disruptor to so many aspects of life, and law firms did not escape the steep learning curve that resulted. The lockdowns affected how we operate, care for one another, how we use our office space, interact with our clients, and communicate. The effects have remained long-term... Read the rest of this entry
FROM “MISERY” TO “RELIEF” – NUPTIAL TRUST ASSETS AFTER A MARRIAGE HAS ENDED
Posted by Tori Munyard on July 29 2022
The focus of this article is section 182 of the Family Proceedings Act 1982 , as opposed to other legal avenues directed at bringing trust assets into issue after the breakdown of a relationship, section 182 of the Act enables the Court to reopen a trust if a settlement is made in contemplation... Read the rest of this entry
TRUSTEES TAKE NOTE! NEW DOMESTIC TRUST REPORTING REQUIREMENTS
Posted by Tori Munyard on July 29 2022
During April this year, the Government introduced two sets of reporting requirements for domestic trusts. The purpose of the changes is to improve the transparency of domestic trusts, and to assist Inland Revenue with their compliance of the new 39% personal income tax rate. As noted by the... Read the rest of this entry
RECORD DAMAGES AWARDED IN A RECENT EMPLOYMENT RELATIONS AUTHORITY CASE
Posted by Tori Munyard on June 30 2022
Recently, the Employment Relations Authority handed down a significant decision, awarding record damages to a teacher for wrongful termination of employment. Amongst other findings, they confirmed that an employer’s post-termination aggravating conduct can increase the remedies.... Read the rest of this entry