Enforceable undertakings
Enforceable undertakings were introduced in the Health and Safety at Work Act 2015 (HSWA) as an alternative to prosecution. In this article we discuss the features of this alternative and the potential benefits of taking this path.
Make sure you have a will
New Zealanders need to find time to sit down and make sure they have a will. We all know this is important but how many of us don’t get around to it?
Blockchain technology
While there’s been a lot of hype around cryptocurrencies, it’s the underlying blockchain technology that has the potential to solve real business problems, particularly here in New Zealand.
Retirement village life
New Zealand’s ageing population has created a boom for retirement villages, with record numbers being developed. For many looking to retire or slow down, retirement village living is attractive – and it’s not hard to see why.
Dividing relationship property
We look at the Law Commission's recent recommendations for changing how property is divided at the end of a relationship.
The New PPSR Website
The new Personal Property Securities Register (PPSR) website was launched on 1 October 2018. The new website is not just a cosmetic facelift for the PPSR - it also includes a raft of changes that make the PPSR more user friendly.
Validating imperfect wills
For wills to be valid they must comply with a number of legal formalities; they must be in writing and there must be two witnesses who must attest to the will-maker signing the will in their presence.
How do I bring my trust to an end?
This article explores the two most common ways that trusts can be brought to an end – bringing forward the date of distribution (the trust’s expiry date) and distributing all the trust assets to beneficiaries.
Do I still need a trust?
If you have a family trust set up a number of years ago, it’s good practice to review it to ensure it is still ‘fit for purpose’. Leading on from that is the question that is often asked of us, “Should I bring my trust to an end?”
Employee or Contractor?
The distinction between an independent contractor and an employee is not always clear, but the recent decision of the Employment Relations Authority highlights the serious consequences for employers who get it wrong.
Business Briefs
European Union: privacy law update / Commerce Commission action in respect of extended warranties / Workplace culture crackdown
Receivership of construction companies
Ebert Construction’s recent receivership is a reminder that not taking protective measures opens subcontractors up to recovery and enforcement issues.
Second thoughts
What happens when your employee wants to retract their resignation?
When is a trust not a trust?
The recent decision of the High Court of England and Wales in JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2017] EWHC 2426 (Ch) has wide reaching implications for New Zealand trust law and the Property (Relationships) Act 1976.
Purchasing property with family
When purchasing property with family it may feel awkward to raise questions as to how to manage the legal arrangements; however it's an important question to ask.
Property Briefs
Warmer homes for Kiwis, Meth Contamination and Foreign Investment in Residential Property...
The great lawyers’ fee debate
Lawyers’ fees are often a difficult subject to discuss. They shouldn’t be.
Guiding your kids into flatting
Flat leases are really ‘residential tenancy agreements’. Agreements should be in writing, however, an unwritten agreement can sometimes be enforced. >
Are you complying with the Holidays Act?
Over the last few months, a number of high profile New Zealand businesses and government departments have discovered issues with their calculation and payment for their employees’ holidays and leave...
AML now in force
From 1 July 2018 all law firms must comply with the requirements of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009...
What if your parents die broke?
What happens when your parents die broke? Can you inherit their debt?
Questions you shouldn’t ask
Job interviews can be a challenge for both employers and applicants. We look at what you can and cannot ask...
How old do you have to be?
As lawyers, we’re often asked the legal age for a variety of things such as agreeing to medical treatment, making a will and so on...
Is your loved one mentally capable?
What does it mean to have ‘mental capacity’ when it comes to signing a will or an important legal document? This has recently become a hot topic, with new case law shining some much-needed light on the subject. It’s also something that families need to be aware of as their loved ones age.
Summer Clerk/Black Stick: George Muir
Last summer, George Muir joined us as part of our Summer Clerkship programme. George is in the final stages of his law degree at the University of Auckland, and is also a senior member of the Black Sticks New Zealand Men's Hockey Team. We spoke to George about his experience in the Black Sticks, the 2018 Commonwealth Games and his experience at Simpson Western.
Supplying goods on credit
Are your goods protected under the Personal Property Securities Act 1993?
Are you buying a small business?
As well as researching the market you will want to put a solid contract in place. A solid contract, or agreement for sale and purchase, should protect you from costly surprises after settlement.
General Data Protection Regulation
If you have customers or suppliers in the European Union, you may have to comply with the General Data Protection Regulation (GDPR) which comes into force today.
Pets and separation
Who gets to keep the pooch? When a relationship ends it's often difficult for couples to decide who should keep the family pet.
Business Briefs
Is your business infringing existing intellectual property rights? Do your homework...
Compensation for hurt and humiliation
Employers now, more than ever, need to treat their employees properly to ensure they do not face significant compensation awards for personal grievance claims.
A no surprises Budget
There are few surprises in the government’s 2018 Budget presented on 17 May, the first from Minister of Finance, the Hon Grant Robertson.
Purchasing from a developer
There are risks associated with this popular type of purchase which many people are not aware of.
Pre-purchase inspections
The final step before you settle your property purchase is to undertake a ‘pre-purchase inspection’.
Keeping NZ safe from money launderers
From 1 July, all law firms will be subject to the requirements of the Anti-Money Laundering and Counter Financing of Terrorism Act 2009.
Bright-line test period extended
To help keep a lid on the property market, the Minister of Revenue recently announced an extension to the bright-line test period from two to five years.