News

CHANGES TO NEW ZEALAND’S PRIVACY LAW

Posted by Kellie Bright on June 26 2020

Changes to New Zealand’s privacy law will come into effect soon – proposed 1 December 2020. It is therefore important for you to bring yourself up to speed on these changes, and to prepare accordingly. The Privacy Bill aims to: Encourage private and public sector... Read the rest of this entry

SHUTTING DOWN BUSINESS OPERATIONS – TIPS AND PRECAUTIONS

Posted by Jesvin Boparoy on June 26 2020

As we moved to Alert Level 1, many businesses rushed to re-open their stores after temporary closures during the Government mandated lockdown. Unfortunately, many of those same businesses who were forced to closed doors temporarily do not have enough cash reserve to keep them going. Businesses... Read the rest of this entry

THE INFAMOUS CLAUSE 27.5 – NO ACCESS IN EMERGENCY

Posted by Dasha Kovalenko on June 26 2020

The clause: in the current environment, there has been a lot of discussion and debate on the ADLS Lease - “No Access in Emergency” clause 27.5. Clause 27.5 allows for an abatement of rent and outgoings in the event of an emergency if the tenant is unable to fully conduct its... Read the rest of this entry

REDUNDANCY IN THE CONTEXT OF COVID-19

Posted by Kalev Crossland on May 25 2020

As the world is slowly coming out of lockdown after the Covid-19 pandemic, employers are now able to assess the impact. Many employers need to consider options for ensuring business sustainability including making a role or roles redundant. Employers’ obligations are unaffected... Read the rest of this entry

EXEMPTIONS TO CCCFA IN THE TIMES OF COVID-19 AND COMMERCE COMMISSION GUIDANCE

Posted by Richard Hatch on May 25 2020

Covid-19 has had a serious impact on both lenders and borrowers. The Credit Contracts and Consumer Finance (exemptions for Covid-19) Amendment Regulations 2020 (Covid-19 regulations) will give faster implementation of assistance where the borrower has been impacted by the effects of Covid-19.... Read the rest of this entry

WHAT’S HAPPENING IN THE COURTS, BUSINESS LITIGATION AND DISPUTE SETTLEMENT AT LEVEL 2?

Posted by Kalev Crossland on May 25 2020

Well, I was back in the saddle last week for some liquidators – a three-day, live hearing, in the High Court with a clever judge, breathing witnesses in the flesh and an opponent after my life. We were of course ‘spaced out’ as Jacinda recommended and held the case in one of... Read the rest of this entry

COVID-19 UPDATE: BUSINESS RESCUE, NEW TAX LEGISLATION AND RESTRUCTURING TO ENSURE LIQUIDITY

Posted by Jesvin Boparoy & Guest Author on April 9 2020

Over the last two weeks, the New Zealand Government has provided a series of rescue packages for businesses financially impacted by the four-week lockdown and beyond. Shieff Angland Lawyers have teamed up with Tax Professionals to give some general guidance on the government packages,... Read the rest of this entry

IMPACT OF COVID-19 ON CONSTRUCTION PROJECTS UNDER EXISTING NZS3910/3916 CONTRACTS

Posted by Deanna Clark & John Kearns on April 9 2020

We provide below a brief summary of the provisions of the NZS3910/3916 Contracts that may be relevant in these current circumstances (and beyond). The below analysis focuses only on the general terms of the contracts and is not intended to be legal advice in respect of any specific contracts or... Read the rest of this entry

CORONAVIRUS – MANAGING RISKS AND LITIGATING FOR BUSINESS INTERRUPTIONS

Posted by Jesvin Boparoy on March 18 2020

In the wake of the Coronavirus crisis, many New Zealand businesses who export or import into China are feeling the hit.  China has become one of New Zealand’s top traders – supplying technology and electronics into New Zealand and importing dairy, meat and wood from New... Read the rest of this entry

10TH EDITION OF AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE; SUBTLE BUT SIGNIFICANT CHANGES

Posted by Deanna Clark on March 18 2020

The Auckland District Law Society and Real Estate Institute of New Zealand have released the 10th edition of the widely used form of agreement for sale and purchase of real estate. This latest edition introduces some significant changes that both vendors and purchasers should be... Read the rest of this entry

IMMIGRATION NEW ZEALAND’S ANZSCO REQUIREMENTS – UPCOMING CHANGES

Posted by Dew James on March 18 2020

In late 2019, Immigration New Zealand (INZ) announced sweeping changes to its employer-assisted work visa offerings: one category will replace six [1] discrete work visa categories. The changes are expected to take effect sometime in the beginning of 2021. The application process will shift... Read the rest of this entry

THINKING OF DIVORCE? MUM’S THE WORD

Posted by Kalev Crossland on February 27 2020

If you are seriously considering ending a relationship, but are uncertain how it will affect your joint property or family business, please read on… It is critical that each party has equal information about what exactly is the relationship property for division. Information... Read the rest of this entry

SIX CONSIDERATIONS WHEN DECIDING TO SUBDIVIDE

Posted by Dasha Kovalenko on February 27 2020

From our experience, many first time developers underestimate the complexities of the subdivision process. A number of things can go wrong which may lead to financial and other stress. To help you avoid such pitfalls, we have put together a list of some basic key considerations at the outset.... Read the rest of this entry

THE POTENTIAL RISKS OF PURCHASING AT A MORTGAGEE SALE

Posted by Neeru Kesry on February 27 2020

Whilst purchasing a property at a mortgagee sale may result in you obtaining a good deal, purchasers need to be aware of the possible related risks. It is imperative for purchasers to complete their research, due diligence investigations and obtain the necessary legal and... Read the rest of this entry

STORE OWNER ORDERED TO PAY $200,000 IN PENALITIES

Posted by Tony Sung on February 27 2020

A recent decision of the Employment Court has demonstrated that new enforcement provisions in the Employment Relations Act 2000 (the Act), have real teeth – and should strike fear in any employer not correctly paying their staff for their work. Under the ERA, employers are... Read the rest of this entry

IMMIGRATION PRACTICE – INTRODUCING DEW JAMES

Posted by Margaret Hellyer on February 27 2020

We are excited to announce that Dew James recently joined Shieff Angland’s Employment Law Team. As a Solicitor of the firm, Dew will be responsible for assisting clients with immigration, refugee and employment law-related matters. With nearly six years’ experience as an immigration... Read the rest of this entry

WARRANTIES V INDEMNITIES

Posted by Kellie Bright on December 13 2019

In the context of commercial transactions, contractual protection will often be in the form of warranties and indemnities. Depending on the nature of the contract, warranties and indemnities are frequently used to allocate risks between the parties involved. Therefore, it is important to... Read the rest of this entry

REPAYABLE ON DEMAND?

Posted by Shan Langston on December 13 2019

Every day family members and friends loan each other money. The form of the agreement is typically casual. Sometimes the agreement (whether oral or in writing) will not mention when repayment is to occur or will simply say ‘repayable on demand’.  Does this matter?... Read the rest of this entry

MAKING IT FAIRER FOR TENANTS

Posted by Alice Alipour on December 13 2019

One third of New Zealanders now live in rental properties. If you are a tenant renting in major cities in New Zealand (like Auckland and Wellington) or looking to rent a place, you will be aware of the significant rental rates that landlords are imposing on tenants.  But no... Read the rest of this entry

CRIME SURVEY FINDS MĀORI AND YOUNG PEOPLE THE MOST VICTIMISED

Posted by NZ Law Society on December 13 2019

Māori form 26% of the most highly victimised people, almost twice as high as their proportion of the New Zealand adult population, according to the Ministry of Justice’s latest report Highly Victimised People. The report comes off the back of the New Zealand Crime and Victims... Read the rest of this entry