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    Norris Ward McKinnon House, Level 7
    711 Victoria Street
    Hamilton 3204
    Ph: 07 834 6000
    Walker House
    68 Queen Street
    Cambridge 3434
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    Hakanoa House
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    Since 1919

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    3 June 2026

    Commercial eSpeaking - Winter 2026

    In the Winter 2026 issue of our commercial law newsletter, Commercial eSpeaking: Budget 2026 - Securing New Zealand's Future says the Minister of Finance; Health and Safety at Work Amendment Bill - Expected to be enacted in the spring; Business Briefs: Commerce Commission - unconscionable conduct; Overseas Investment Act 2005 reform; New obligations for businesses collecting personal information from third parties; Employment Relations Amendment Act 2026 - key changes.

    Download pdf

    29 April 2026

    Restoration to the Incorporated Societies Register

    The deadline for incorporated societies to re-register under the Incorporated Societies Act 2022 (Act) has now passed. If your society did not re-register in time, it has likely ceased to exist as a legal entity.

    Read more

    23 April 2026

    WOF for your Trust

    You take your vehicle in to get a warrant of fitness check every 6 or 12 months, but how often do you do the same for your Family Trust or your estate planning?

    Read more

    23 April 2026

    Trust eSpeaking - Autumn 2026

    In the Autumn 2026 edition of Trust eSpeaking: Taxing the business income of charities - Inland Revenue proposal unlikely to proceed; Trustees taking on liabilities of the trust - Can they be held personally responsible; Death, property and prenups - The Rimmer case has changed the rules - for the meantime.

    Download pdf

    13 April 2026

    Fineprint - Autumn 2026

    In the Autumn 2026 issue of Fineprint: Trustee decision-making; Cleared for takeoff - using your drone the right way; Navigating redundancy - understanding the legal process for employers; New Zealand Superannuation beneficiaries - Overseas travel; Contacting the Office of the Privacy Commissioner; Resource Management Act 1991 overhaul.

    Download pdf

    24 February 2026

    Re-Registration Under the Incorporated Societies Act 2022 - Act before It's too late

    Under the Incorporated Societies Act 2022 (Act) every incorporated society must re-register before 5 April 2026 or the society will cease to exist as a legal entity. With no extensions available and the deadline fast approaching, now is the time to act.

    Read more

    19 February 2026

    Employment Relations Amendment Bill

    The Employment Relations Amendment Bill 2025 has passed its third reading in Parliament and will come into force the day after it receives Royal Assent. We have written a summary of the key changes.

    Read more

    16 February 2026

    RMA Speaking - Summer 2026

    A special newsletter which summarises the New Zealand government's proposed change to the Resource Management Act 1991.

    Download pdf

    11 February 2026

    Commercial eSpeaking - Summer 2026

    In the Summer 2026 issue of Commercial eSpeaking: Uber drivers are employees - for now; New Zealand's criminal cartel regime; Business briefs: Launch of the new Business Investor Visa; Responsible AI usage; HelloFresh and the Fair Trading Act 1986.

    Download pdf

    25 September 2025

    Commercial eSpeaking - Spring 2025

    In the Spring 2025 issue of Commercial eSpeaking, our legal newsletter with a business focus: Calling in sick - Minimising illness in the workplace; Rights of shareholders to company information; Business briefs: Commerce Commission – Misleading and deceptive conduct – Noel Leeming; Online Casino Gambling Bill; Biometrics Processing Privacy Code 2025.

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    2 September 2025

    Trust eSpeaking - Spring 2025

    In the Spring 2025 issue of Trust eSpeaking: The office of executor: does it ever end?; Enduring Power of Attorney: Is the attorney carrying out their role correctly?; Trustees signing unlimited bank guarantees? Danger of breaching duties.

    Download pdf

    10 August 2025

    Rural eSpeaking - Winter 2025

    In the Winter 2025 issue of Rural eSpeaking: Understanding workplace accommodation and service tenancies - complex legal obligations; Shearing the love - Focus on New Zealand Wool; Over the Fence: Health and Safety on farms in the wet season; Changes to the Recognised Seasonal Employer scheme; Foot and mouth disease agreement.

    Download pdf

    7 August 2025

    Behind the Bargain: The hidden costs of buying a property through a mortgagee sale

    A recent High Court case in Pāpāmoa Beach has drawn attention to the legal and emotional challenges of mortgagee sales in New Zealand.

    Read more

    31 July 2025

    Federated Farmers Podcast - Avoiding Legal Trouble on farm: what every farmer should know

    Episode 44 of the Federated Farmers podcast features NWM Senior Associate Simon Middlemiss, discussing employment legal issues on the farm. This is a must-listen for all farmer employers. 

    Read more

    16 July 2025

    Using AI in Business

    AI is transforming the way businesses work—boosting efficiency, improving customer experiences, speeding up content creation, and providing better access to information. But while the benefits are significant, using AI also comes with legal risks that need to be carefully managed.

    Read more

    14 July 2025

    Fineprint - Winter 2025

    In the Winter 2025 issue of Fineprint: Employment law reform in 2025; The Ombudsman; Surrogacy in New Zealand; Consumer Data Right; Incorporated Societies must re-register by 5 April 2026; eInvoicing.

    Download pdf

    9 July 2025

    Property Speaking - Winter 2025

    In the Winter 2025 issue of Property Speaking: Vacant possession: What does it mean?; GST and land transactions: Understanding your tax obligations; Property briefs: Healthy home standards; Sunset clauses; Real estate agent commission - claim or not to claim?

    Download pdf

    9 July 2025

    Commercial eSpeaking - Autumn 2025

    In the Autumn 2025 issue of Commercial eSpeaking: Budget 2025: Fiscally conservative?; Major changes ahead for New Zealand's financial landscape: Credit Contracts and Consumer Finance Amendment Bill; Business Briefs: Misleading and deceptive conduct; Whakaari Management Limited conviction overturned; RMA to be replaced with two new acts.

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    9 July 2025

    Rural eSpeaking - Autumn 2025

    Inside the Autumn 2025 issue of Rural eSpeaking: Emissions Trading Scheme: A change in Approach?; Firearms reform 2025: Government considers current legislation to be outdated and overly complicated; Over the Fence: Employer obligations - mental health; Consumer Guarantees Act vs fair Trading Act; America's threats of tariffs.

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    9 July 2025

    High Court Backs Wide Discretion in Arbitration Costs

    In McCracken v Boyer, the High Court upheld a six-figure costs award made by an arbitrator — roughly two-thirds of the successful party’s actual legal and arbitration expenses. The losing party challenged the award, arguing it was excessive and that Court-style cost rules should have applied. The Court disagreed ...

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    17 June 2025

    Deed of Lease Seventh Edition

    The Seventh Edition Deed of Lease brings substantial updates to reflect modern leasing challenges, including economic volatility, health and safety reforms, and lessons from the Covid-19 pandemic. This guide outlines key changes—covering rent reviews, outgoings, insurance, emergency access, seismic ratings, and more—and explains what they mean for both landlords and tenants. Understanding the new lease terms is crucial before signing on the dotted line.

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    21 May 2025

    A Driveway Dispute - What Property Owners Need to Know

    A recent case of a rural couple facing criminal charges for using their neighbour's driveway without permission or legal rights has hit the headlines in New Zealand. We discuss the law around this case.

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    30 April 2025

    Incorporated Societies - To reregister or not to reregister?

    Has your incorporated society recently received a notice from the Registrar of Incorporated Societies stating that your society must reregister before 5 April 2026 to continue operating, or it will be removed from the register?


    If so, your society must take action; whether or not it wishes to continue operating.

    Read more

    17 March 2025

    Property Speaking - Autumn 2025

    In the Autumn 2025 issue of Property Speaking: New deed of lease documentation - Landlords and tenants should be up to date; Issues affecting finance and settlement - Insurance and natural hazards and unconsented works; Updates to the residential tenancies legislation - Tenancy terminations and pets.

    Download pdf

    24 February 2025

    2025 Tenancy Law Reform

    Need to end a residential tenancy? Want to get a new tenant in quickly? On 30 January 2025 the government shortened the notice periods to end residential tenancies and enabled landlords to get a declaration that a tenant has abandoned a property.



    Read our article 2025 Tenancy Law Reform to find out more.

    Read more

    4 February 2025

    Commercial eSpeaking - Summer 2025

    Is the Summer 2025 issue of Commercial eSpeaking: Health & Safety: Successful prosecution of chief executive; Fair Pay Agreements Repeal Act 2023; Business briefs: Commerce Act 1986 and Commerce Commission review; Reform of overseas investment laws to boost economic growth; Tax changes for charities.

    Download pdf

    28 November 2024

    Fineprint - Summer 2024

    Inside the Summer 2024 edition of Fineprint: Why should I look at my will?; Hiring casual employees - Employers have significant legal responsibilities; Eligible investor exemption; Modernising the Companies Act; Feedback about NZ Post's service obligations; Beware of scammers in the coming Christmas season.

    Download pdf

    12 November 2024

    Property Speaking - Summer 2024

    In the Summer 2024 issue of Property Speaking: Neighbourhood subdivisions: What is going up over the fence?; Assignment of commercial leases: When your tenant sells their business; Property briefs: Break fees: repaying your mortgage early – Refixing your mortgage interest rate – Refinancing mortgages: switching to a different lender.

    Download pdf

    15 October 2024

    Ashley's Law

    An amendment Bill enabling victims of family violence to quickly dissolve abusive marriages is set to pass into law today.

    Read more

    7 October 2024

    Commercial eSpeaking - Spring 2024

    In the Spring 2024 issue of Commercial eSpeaking: Voidable transactions: Liquidator can claw back payments; Embracing Tikanga Māori in your commercial contracts: Seeking ways to respect and incorporate differences into business practices; Business briefs: Companies Act reforms announced – Siouxsie Wiles employment decision – New bill to improve consumer data rights – Changes to insurance industry coming – Uber appeal dismissed: drivers are employees.

    Download pdf

    2 September 2024

    Trust eSpeaking

    In the Spring 2024 issue of Trust eSpeaking: Contracting out agreements for relationships late in life: A wise move as financial affairs are more complex; The plight of stepchildren: Non-traditional family structures can result in unfair estate outcomes; Will-making when you have overseas assets: Some key considerations.

    Download pdf

    8 August 2024

    Rural eSpeaking - Winter 2024

    In this edition of Rural eSpeaking: Budget 2024: What was in it for the rural sector?; The future of indoor pig farming: Concerns that policy is threatening indoor pig farming; Over the fence: Service tenancies on the farm – Checking terms of engagement regarding liability – Farm lease coming to an end? What is required.

    Download pdf

    5 August 2024

    Capital Letter - NZ firm seconds third lawyer to Cook Islands

    Geoff Adlum discusses Norris Ward McKinnon's Cook Islands secondment programme in the latest issue of Capital Letter.

    Download pdf

    25 July 2024

    Fineprint - Winter 2024

    Inside the Winter 2024 issue of Fineprint: Preparing your business for sale; Providing for your family in your will – You have some legal obligations; Employee burnout – Acknowledge and address this; Avoiding scams – Tips to protect yourself; Postscript: Holidays Act 2003 to be overhauled – Roadside drug testing to be rolled out – Visual artists will receive royalties when work on-sold.

    Download pdf

    4 July 2024

    Property Speaking - Winter 2024

    The latest in legal property news in New Zealand. Inside this issue: Commercial leases: Reinstatement obligations for tenants; Pre-settlement property inspection: The week before settlement; Property briefs: Finance condition in the agreement – LIM condition – Building report condition.

    Download pdf

    17 June 2024

    Commercial eSpeaking - Winter 2024

    In the Winter 2024 issue of Commercial eSpeaking: The Budget: A no-frills outlook; Can losses be recovered from a faulty building? Design professionals can rely on limited liability clauses; Business briefs: Five companies sentenced over Whakaari/White Island eruption; Navigating financial distress; Commerce Commission win over Viagogo – CCCFA update

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    30 May 2024

    Voidable Transactions

    Short article on how creditors should respond to Voidable Transaction notices (VT Notice) when a debtor goes into liquidation.

    Read more

    20 May 2024

    Change to Bright-line property sale rules

    The government has announced changes to the "bright-line" income tax rules affecting the sale of residential land, effective from 1 July, 2024.


    Read more

    13 May 2024

    Rural eSpeaking - Autumn 2024

    In the Autumn 2024 issue of Rural eSpeaking, our rural legal newsletter: Significant Natural Areas: Suspended while government overhauls RMA; Live animal exports: Government intends to lift the ban; Over the fence: Contract grazing – 90 day trial periods available again for all employers – Minimising phosphorus in waterways.

    Download pdf

    9 April 2024

    Fineprint - Autumn 2024

    In the Autumn 2024 edition of Fineprint: Invoices not being paid on time? A steer for debtors and creditors; Personal grievances: Employers must act in good faith; Receiving an inheritance during your relationship; Do I still need a trust?; Postscript: Incorporated societies: must register by April 2026 – Minimum wage increases – Before you dig.

    Download pdf

    25 March 2024

    Property Speaking - Autumn 2024

    In the Autumn 2024 issue of Property Speaking: Commercial leasing and landlord consent: Tenants wanting to alter the premises for their use; Easements: Rights of way, draining sewage and water, and conveying utilities; Property briefs: The new government has brought in significant changes to the property sector: Bright-line test changes; RMA legislation; Rental and tenancy updates.

    Download pdf

    7 March 2024

    Trust eSpeaking - Autumn 2024

    In the Autumn 2024 issue of Trust eSpeaking: Making a bequest to a charity: Careful will drafting is essential; Estates and guarantees: Can cause difficult legal issues; Can your ex-spouse claim your property when you die? Agreeing on a division of relationship property after you and your spouse separate can be fraught.

    Download pdf

    27 February 2024

    Government to Repeal Business Payment Practices Act 2023

    The NZ Government will repeal the Business Payment Practices Act 2023. We give you an update.

    Read more

    15 February 2024

    Commercial eSpeaking - Summer 2024

    Inside the Summer 2024 issue of Commercial eSpeaking: Trial periods vs. probation periods: Both are useful for employers; Whakaari/White Island eruption - Health & Safety Lessons; Business briefs: Cartel conduct: New Zealand's first ever criminal cartel prosecution; Privacy proposals for biometrics; New reporting obligations for large businesses.

    Download pdf

    18 December 2023

    Rural eSpeaking - Summer 2023

    Inside the Summer 2023 issues of Rural eSpeaking: National, ACT and New Zealand First coalition: What can agriculture expect?; Three Waters and Resource Management Act 1991 replacement legislation: To be repealed; Over the fence: Family home v homestead: implications for relationship property – Road user charges: when to pay them? – Casual employees v seasonal workers.

    Download pdf

    18 December 2023

    Fineprint - Summer 2023

    In the Summer 2023 issue of Fineprint: Two decades on: Proposed changes to the Retirement Villages Act 2003; What happens to your children when you separate?; Generative AI and copyright: Are you taking the right precautions?; Receivership, voluntary administration and liquidation: What are the differences?; Postscript: Mainzeal case and the implications for current and future directors.

    Download pdf

    12 December 2023

    Incorporated Societies - key changes

    The law governing incorporated societies in New Zealand has undergone some key changes. We outline the changes, and what incorporated societies need to do.

    Read more

    22 November 2023

    Alcohol licensing and Christmas Parties

    For any Christmas party, there are a range of matters to consider under the Sale and Supply of Alcohol Act 2012, as well as potential employment and health and safety obligations, and reputational issues.

    Read more

    19 November 2023

    Unit Titles Amendment Act

    Do you Own a Townhouse or Apartment? Here’s How the New Unit Titles Amendment Act May Affect You.

    Read more

    7 November 2023

    Property Speaking - Spring 2023

    In the Spring 2023 edition of Property Speaking: What happens if your builder goes bust? Choose carefully; Alternative methods to sell your property: Auction and tender overview; Property briefs: First Home Partner scheme on hold; Council delays for property developers; short-term accommodation - take care; Election impact on property issues.

    Download pdf

    26 October 2023

    What is an Enduring Power of Attorney?

    Article on what an Enduring Power of Attorney is, and why it's important to have one.

    Read more

    16 October 2023

    Business Payment Practices Act 2023: New Reporting Obligations for Large Businesses

    A follow-up article to our update on 4th April 2023, on the implications for businesses of the Business Payment Practices Act 2023, which comes into effect in May 2024.

    Read more

    5 October 2023

    Turner v Te Whatu Ora - A good reminder on social media usage

    Facebook, Instagram, and TikTok posts outside work time, even with privacy settings in place, can still impact your employment. Most workplaces now have policies regarding social media use, so it pays to really think before posting something you might regret later. We outline a recent case.

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    28 September 2023

    Construction Contracts (Retention Money) Amendment Act 2023: Are you prepared?

    To provide an update on our last article, the Construction Contracts (Retention Money) Amendment Bill received royal assent in April 2023 (now known as the Construction Contracts (Retention Money) Amendment Act 2023 (Act)) and will come into effect on 5 October 2023. The Act seeks to clarify how retention money is managed under the current retention money regime set out in the Construction Contracts Act 2022.

    Read more

    26 September 2023

    Commercial eSpeaking - Spring 2023

    In the Spring 2023 edition of Commercial eSpeaking: Mainzeal decision – major implications for company directors; New retention monies legislation gives better protection – comes into force on 5 October; Business briefs: Lego wins trade mark dispute with Zuru; Start preparing for the Incorporated Societies Act 2022; ESG and directors: the Companies (Directors’ Duties) Amendment Act 2023 now in force.

    Download pdf

    14 September 2023

    Who owns 'Up the Wahs'?

    ‘Up the Wahs’ has been sweeping the nation as the Warriors have had one of their most successful seasons in over a decade. But ownership of the phrase was called into question when the Warriors applied to register it as a trade mark, only to find craft beer brewing company Good George had beaten them to it.

    Read more

    20 August 2023

    Trust eSpeaking - Spring 2023

    Inside the Spring 2023 issue of Trust eSpeaking: Decision in ‘Alphabet case’ could change succession landscape – significant issues raised; Refusing an inheritance – what options does a trustee have?; Polyamorous relationships – Supreme Court confirms that the Property (Relationships) Act can apply.

    Download pdf

    30 July 2023

    Rural eSpeaking - Winter 2023

    In the Winter 2023 issue of Rural eSpeaking: Freshwater farm plans: Roll out by regions starting 1 August; Emissions Trading Scheme: Two discussion papers invite submissions; Over the fence: Obligations of working dog owners; MPI: Animal welfare checks; Firearms Registry opened 24 June 2023.

    Download pdf

    30 July 2023

    Fineprint - Winter 2023

    In the Winter 2023 edition of Fineprint: Land covenants: now commonplace in residential developments; Advance directives: right to choose your healthcare; School boards of trustees: significant obligations and responsibilities; Time changed to raise personal grievance for sexual harassment: extended from 90 days to 12 months; Postscript: Firearms Register now up and running – Looking after your mental health.

    Download pdf

    4 July 2023

    Property Speaking - Winter 2023

    Inside the Winter 2023 issue of Property Speaking, our property law newsletter:

    • Kāinga Ora First Home Partner scheme: a co-ownership option
    • Owning a heritage building: a burden or a boon?
    • Property briefs: Unit titles legislation updates – First Home Grants thresholds increase – Loan to value restrictions eased
    Download pdf

    22 June 2023

    Retirement Village living - four things to consider.

    Is retirement village life for you? We outline four things to consider before you make the move.

    Read more

    15 June 2023

    Building in an Economic Downturn

    Building companies collapsing during economic downturns is nothing new in New Zealand. It seems the rate of collapse can often be an economic indicator in and of itself. If you are in the market to engage a builder or construction company, we list some of the things to think about when signing up for work to be undertaken.

    Read more

    15 June 2023

    Leveraging Terms of Trade for Cashflow

    Despite New Zealand dipping into recession recently, and the doom and gloom of various commentators, business carries on. The unfortunate side effect is payment days for accounts receivable starting to push out, with the odd non-payer or bad debt starting to arise. This article provides a tactic to combat these issues.

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    31 October 2022

    Uber Drivers - Employees

    The Employment Court recently released its decision in a case involving four Uber drivers who each sought declarations they were employees for the purposes of the Employment Relations Act 2000 (“Act”). Updated 13 June 2023.

    Read more

    8 June 2023

    Benefits of registering a trademark

    A trade mark is a great way to distinguish your business from your competitors. It acts as a “badge of origin”, enabling consumers to identify your products or services in the marketplace. This short article discusses the benefits are registering a trademark.

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    1 June 2023

    Commercial eSpeaking - Winter 2023

    In the Winter 2023 issue of Commercial eSpeaking, our commercial law newsletter:

    • 2023 Budget – key points;
    • Business continuity planning: An essential component of running a business;
    • Business briefs: Update on construction contracts retention regime – New obligations for businesses offering Buy Now Pay Later – Large businesses may need to disclose payment practices – Are your T&Cs unfair?
    Download pdf

    1 June 2023

    New Zealand Steel Ltd v Haddad [2023] NZEempC57

    The Employment Court’s decision in New Zealand Steel Ltd v Haddad is a useful reminder to employers everywhere undertaking workplace change that you need to get the basics right.

    Read more

    11 May 2023

    Construction Contracts Act 2002 – Payment Claims and Payment Schedules

    The Construction Contracts Act 2002 governs the payment claim process between parties to construction contracts in New Zealand. This article discusses how the process works for both contractors and principals.

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    3 May 2023

    Rural eSpeaking - Autumn 2023

    Inside the Autumn 2023 issue of Rural eSpeaking:

    • Severe Weather Emergency Legislation Act 2023: Assisting recovery and improving resilience
    • Leased land impacted by Hale and Gabrielle:Some options for lessees
    • Over the fence: Resource Management (National Environmental Standards for Freshwater) Regulations 2020 now amended; Affordable Water Reform replaces Three Waters; Cyclone Gabrielle: animal welfare management
    Download pdf

    20 April 2023

    Fineprint - Autumn 2023

    In the Autumn 2023 issue of Fineprint, our general law newsletter:

    • Keeping your employees during the ‘big quit’: Retention tools and some risks;
    • Guest editorial – Having a cyber resilient business. Jan Thornborough, founder of Intelligensia;
    • Bank of children: Children helping their parents;
    • Driving on a limited licence: Can be done, but strict conditions apply;
    • Postscript: Minimum wage increased on 1 April 2023 – Improving the sustainability of your supply chain.
    Download pdf

    20 April 2023

    Property Speaking - Autumn 2023

    In the Autumn 2023 edition of Property Speaking, our property law newsletter: Storm damage to properties: For landlords, tenants and buyers; Subdivision consents: Recent changes to planning rules; Property briefs: Update on legislation – Changes to LIM information – Replacement of the Resource Management Act 1991.

    Download pdf

    4 April 2023

    Business Payment Practices Bill

    New legislation to help small businesses get paid on time.

    Read more

    14 March 2023

    Bright-line test and lifestyle blocks

    Lifestyle block owners … are you selling? Do you need guidance on the definition of residential land for the purposes of the bright-line test?

    Read more

    6 March 2023

    Trust eSpeaking - Autumn 2023

    In the Autumn 2023 edition of Trust eSpeaking our trust law newsletter:

    • Who really wants to be a trustee? A trustee has many obligations;
    • Who are the ‘children of the settlors’? Make it clear in the trust deed;
    • Tikanga in the law of Aotearoa New Zealand: Role of tikanga in Peter Ellis case.
    Download pdf

    2 March 2023

    Buying or Selling a Farm in New Zealand

    Farms are significant assets, so when it comes to buying or selling a farm, extra care should be taken to ensure that you’re getting the right advice. Whether you’re looking at a small or large-scale operation this article will provide a good framework to help you avoid common pitfalls when it’s time to buy or sell.

    Read more

    21 February 2023

    Commercial eSpeaking - Summer 2023

    Inside the Summer 2023 edition of Commercial eSpeaking:

    • Letter of intent: Useful but can present problems;
    • What is the PPSR? Gives protection when leasing or selling goods;
    • Business briefs: Employment Court rules four Uber drivers are employees; Facial recognition and the Privacy Act: balancing security and individual rights; Cartel conduct: Commerce Commission warns eight freight forwarding companies.
    Download pdf

    21 February 2023

    Purchasing a property - Should you rely on a report supplied by the vendor?

    If you are purchasing a property we strongly advise you accept the additional cost and obtain your own LIM and builder's reports rather than rely on any reports supplied by the vendor. We give the reasons why.

    Read more

    25 January 2023

    Why You Should Have a Will

    As we navigate through life, it’s important to think about the future and plan for the unexpected; one important step in doing this is having a current Will. We list four reasons why you should have a Will.

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    17 January 2023

    Formal Warnings issued by the FMA for Non-Compliant Practices

    Following a review of wholesale investments into property related offers, the Financial Markets Authority (FMA) has issued formal warnings to seven property investment firms for alleged non-compliant practices.

    Read more

    12 December 2022

    Rural eSpeaking - Summer 2022

    In the Summer 2022 of Rural eSpeaking, our rural law newsletter:

    • Trusts and succession: Trustee duties in farm succession planning
    • Protecting productive land: New policy statement – NPS-HPL
    • Over the fence: Increase in Recognised Seasonal Employer visas; Updates to intensive winter grazing requirements; Proposed changes to the dairy and cattle code of welfare
    Download pdf

    8 December 2022

    Land Covenants - How can irrelevant covenants be removed from the land?

    It is common in New Zealand for properties to be subject to restrictive land covenants.

    A land owner affected by a covenant may apply to the Court under the Property Law Act to have the Covenant removed from the affected titles. The Court may consider various factors when deciding whether to grant the application.

    Read more

    8 December 2022

    Fineprint - Summer 2022

    In the Summer 2022 edition of Fineprint:


    • Greenwashing: ‘green’ credentials are good but take care

    • Insta # dismissal: employers, disrepute and social media

    • Shared parenting: relocating the children without consent

    • Attorney vs executor: what is the difference?

    • Postscript: Fair Pay Agreements legislation passed – some plastic products now banned
    Download pdf

    13 November 2022

    Commerce Commission warns freight forwarding companies

    The Commerce Commission recently warned eight international freight forwarding companies for likely entering into cartel arrangements with Mondiale Freight Services Limited and Oceanbridge Shipping Limited between 2014 and 2018.

    Read more

    20 October 2022

    Property Speaking - Summer 2022

    In the Summer 2022 issue of Property eSpeaking:

    • Negative equity on your property? Not necessarily a nightmare
    • Vendor obligations after signing an agreement for sale and purchase
    • Property briefs: Victims of domestic violence can terminate tenancies – Body corporate rules beefed up – Buying a property with unconsented works

    Download pdf

    22 September 2022

    Commercial eSpeaking - Spring 2022

    Inside the Spring 2022 issue of Commercial eSpeaking 2022: Contract compliance: Fair Trading Amendment Act 2021 now in force; Hybrid working: Now an option for many employees; Business briefs: Hiring migrant workers - what the new AEWV means for you; Changes to the Holidays Act on the horizon (but not before the Christmas holidays); FMA review of ethical investing.

    Download pdf

    25 August 2022

    Significant Delays in Current Alcohol Licensing Processes

    Under the Sale and Supply of Alcohol Act 2012, the Police and MOH have a 15 working day period in which to file a report on the application with the local District Licensing Committee (DLC). Ordinarily, this is a straightforward process, and the 15 working day period gives applicants some certainty around reporting timeframes...

    Read more

    18 August 2022

    Trusts eSpeaking - Spring 2022

    Inside the Spring 2022 edition of Trust eSpeaking:

    • Trusts Act 2019 also affects executors and administrators of wills: mandatory and default duties explained
    • Wearing two hats in a family protection claim: get independent advice
    • When Lotto winners fall out: The importance of who gets what
    Download pdf

    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.
    Download pdf

    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.

    Read more

    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.

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    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.

    Read more

    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.

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    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.

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    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.

    Read more

    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.

    Read more

    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.

    Read more

    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? 

    Read more

    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.

    Read more

    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.

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    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.

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    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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 ...

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    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.

    Read more

    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?

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    16 February 2022

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

    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.

    What does this mean for the estimated 23,000 societies currently incorporated under the 1908 Incorporated Societies Act?

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Download pdf

    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).

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Download pdf

    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.

    Read more

    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.

    Read more

    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.

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    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.

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    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Download pdf

    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.

    Read more

    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.

    Read more

    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.

    Download pdf

    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.

    Read more

    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.

    Download pdf

    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.

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    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.

    Download pdf

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    26 November 2020

    Fineprint - Summer 2020

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

    Download pdf

    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.

    Read more

    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.

    Read more

    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.

    Download pdf

    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.

    Read more

    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.

    Download pdf

    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”.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    20 August 2020

    Trust eSpeaking - Spring 2020

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

    Download pdf

    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.

    Download pdf

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Download pdf

    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.

    Read more

    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.

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    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.

    Download pdf

    18 June 2020

    Six Tips You Should Know Before Buying Your First Home

    Six tips for buying your first home.

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    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.

    Read more

    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.

    Download pdf

    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.

    Download pdf

    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”.

    Read more

    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.

    Download pdf

    14 May 2020

    The 3 most common reasons a Will can be challenged

    Three common reasons why a Will can be challenged.

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    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.

    Download pdf

    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.

    Read more

    22 April 2020

    Parenting and Family Violence Matters During Lockdown - FAQ

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

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    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.

    Read more

    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.

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    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.

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    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.

    Read more

    5 April 2020

    COVID-19 FAQ Sheet for Employers

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

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    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).

    Read more

    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.

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    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.

    Read more

    19 March 2020

    Can 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.

    Read more

    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.

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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.

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    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.

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    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.

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    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”).

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    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.

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    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.

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    27 October 2016

    Deeds, Agreements & Contracts - FAQ's 101

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

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    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.

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    26 February 2015

    Sold! What happens to employees when a business is sold?

    As a business owner you’ll want to maximise value in your business when you sell it. One way of enhancing value is to manage your employees carefully during the process.

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    15 December 2014

    Buying Land - The Value Of A Lim Report

    It is a common misconception that you don’t need a LIM report when you buy bare land, or when the house and buildings have been signed off by Council. However, the value of a LIM report goes much further than that.

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    15 December 2014

    Paper Roads And Public Access

    Paper roads are relatively widespread across New Zealand farmland. Although paper roads may be marked on survey plans, because they have not been formed, they are difficult to identify on the ground.

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    15 December 2014

    Forcing The Sale Of Property Owned With Others

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    15 December 2014

    Receivership Or Liquidation - Does It Make Any Difference?

    A company that owes you money goes into liquidation or receivership. Does it make any difference to you which it is?

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    15 December 2014

    Joint Tenancy VS. Tenancy In Common

    Different forms of property ownership can have totally different consequences.

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    10 July 2018

    Drug Testing to ensure health & safety in the workplace

    Employers need to ensure, as far as reasonably practicable, that their staff, contractors and the general public are kept safe. One area an employer can influence is being vigilant about its staff and contractors being impaired by drugs or alcohol when at work.

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    28 November 2019

    Problems before settlement - what are the buyer's options?

    What can you do if you’re buying a property and find out there’s a problem before the settlement date - for example, there is a tenant in the property when the agreement says the property will be vacant, or the seller hasn’t done fencing work which they agreed to do? Are you able to refuse to settle until the issue is “sorted”?

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    28 November 2019

    Penalties and liquidated damages

    Sometimes contracts include clauses which state that if a party to the contract fails to fulfil an obligation under the contract, then that party must pay an amount to the other party. Such clauses are unenforceable if they are seen as ‘penalty clauses’, which intend to punish a particular party to the contract.

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    13 November 2019

    Rights of renewal for leases - who is in the right?

    On expiry of a lease term, a landlord may think they have every right to terminate the lease if the tenant has not exercised their right to renew. However, recent case law suggests that it may not be so easy for landlords to terminate a lease if the tenant wants to stay in the premises.

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    17 October 2019

    Is your business infringing someone else's intellectual property rights?

    When starting a new business, there’s also one fundamental consideration which is often overlooked that can halt a new business. If your business infringes on another person’s intellectual property (such as a trade mark), you run the risk of having to re-brand and start from scratch, or potentially having to appear in court and pay damages to the other party for the infringement.

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    10 October 2019

    Property Sharing Agreements

    It’s a Kiwi dream to own our own home, but with the ongoing increase in house prices, New Zealanders are changing their approach to purchasing property, and also turning their minds to using property sharing agreements.

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    10 October 2019

    Skimpy document prepared without legal advice legally binding

    It’s not uncommon for documents which have been prepared without legal advice to result in disputes about their interpretation, or even disputes as to whether the parties intended them to be legally binding.

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    12 December 2019

    Employer obligations when hosting Christmas parties

    For employers, a well executed Christmas party can be an important boost to staff morale and team spirit; however, if employers aren’t careful, issues arising at the Christmas party can result in a longer lasting headache than otherwise expected.

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