Land covenants
If you are buying a property in a newly or recently built residential subdivision, the odds are that the title will come with various covenants registered against it. These covenants are likely to place restrictions on the ways in which the owners can use and enjoy their properties.
Bank of children
Most of us have heard of the expression ‘Bank of Mum and Dad’ where parents help fund their children to get onto the property ladder or with another investment. What happens in the reverse situation, however, where children become the ‘bank’ and assist their parents financially?
Keeping employees during the 'big quit'
Since 2021 and the lessening of the effects of the Covid pandemic, many countries have experienced an increase in staff turnover and lost productivity. This is informally referred to as ‘the great resignation’, ‘the big quit’, ‘brain drain’ and ‘quiet quitting’.
Minimum wage increased on 1 April
The adult minimum wage increased to $22.70/hour on 1 April 2023.
The government says it will review the minimum wage rate later this year.
Shared parenting
Deciding to move to a new location can be exciting and bring a sense of renewal, particularly after a long cold winter and enduring these Covid years. However, if you are separated with children, what happens to ongoing parenting arrangements in these situations?
Insta # dismissal?
Whether we like it or not, social media affects almost every aspect of our daily lives, including employment relationships. How can employees’ ‘private’ social media posts bring an employer’s business into disrepute and lead to an employee’s dismissal?
Greenwashing
The Sustainable Business Council ‘Better Futures 2022’ report surveyed New Zealanders & identified that more than 43% of Kiwis are committed to living a sustainable lifestyle. Given the public’s motivation to be more sustainable, businesses are honing their marketing strategies towards environmental sustainability.
New Incorporated Societies Act 2022
The new Incorporated Societies Act 2022 received Royal Assent on 5 April 2022 replacing the very old Incorporated Societies Act 1908.
Love, heartbreak and... death?
Many people who have endured a relationship break up know it can be exhausting. What is often overlooked as one of the first steps, and yet so imperative, is updating your will and enduring powers of attorney (EPA) to reflect your new relationship status.
Defining a de facto relationship
You may have heard that ‘Marriage is betting someone half your stuff that you’ll love them forever’. But what happens about the ‘stuff’ you own before you formally say “I do”? The law providing equal sharing of relationship property automatically begins after three years in a de facto relationship.
Emission control
One of the most significant pieces of new legislation introduced last year was the Climate Change Response (Zero Carbon) Amendment Act 2019, more commonly referred to as the ‘Zero Carbon Act’.
Our new normal post-COVID
As I write this editorial, the COVID-19 pandemic has had, and continues to have, a long-lasting effect on New Zealand and the rest of the world. Everyone has been affected in some way – to a greater or lesser degree.
Charities in New Zealand
Charities play an important role in our society to help the disadvantaged, support specific causes or to advance knowledge.
Privacy in an ever-evolving digital age
The Privacy Act has now been passed and will become law on 1 December 2020. It will repeal and replace the current Privacy Act 1993, and will update the law to reflect the continually-evolving needs of the digital age.
Postscript
Smoking in motor vehicles with children now banned
Triangular’ employment legislation in force
Looking after your mental health during COVID
Smooth sailing this summer
With summer fast approaching, many businesses will be hiring temporary staff to meet their needs over the busy summer months. Taking on temporary staff can throw up some tricky issues. ...>
Enjoy our waterways - but think water safety!
We are truly blessed to live in the Land of the Long White Cloud. This beautiful country of ours is, however, also the land of water. Wherever you are, you are never far from water. ...>
Trusts Act 2019
The Trusts Act 2019 will come into effect on 30 January 2021. Much of the Act updates or restates existing law. However, there are a number of changes about which trustees and people with trusts should be aware. ...>
Rural fires
The rural fires of last summer are a reminder of the risk of fire to our communities. The cause of the blaze in the Nelson region, one of New Zealand’s largest plantation fires, was attributed to a spark caused when farm equipment hit a stone. ...>
Fineprint Postscript
Changes ahead in relationship property laws / Proposed reform for incorporated societies legislation ...>
Emissions Trading Scheme
New Zealand’s Emissions Trading Scheme (ETS) was established by the Climate Change Response Act 2002. The ETS was created as the vehicle for New Zealand to meet its obligations for the reduction of greenhouse gas (GHG) emissions under the Kyoto Protocol.
Components of effective governance
The damage from governance failure can be profound, and can attract significant unwelcome media and public scrutiny. Focusing on the learnings from these cases is how we can get some real benefit and continuous improvement in corporate governance.
The executor of your will
Having an executor of your will is like having a manager of your affairs (your estate) after your death. Your executor is named in your will; it is his or her role to carry out the terms of your will.
The importance of good recordkeeping
There are plenty of war stories about recordkeeping blunders. Think of offices crammed with paper, ‘lost’ documents, fireplace filing systems and online voids.
Fineprint: Postscript
Companies Office helping amalgamation customers ‘get it right first time’, Tax Working Group – capital gains tax scrubbed, Claiming legitimate business expenses
Family Violence Leave
From 1 April 2019, employees who are affected by family violence may request 10 days of paid leave each year, and a short-term variation of their working arrangements for up to two months at a time.
Employment Law Changes from 6 May
As of 6 May 2019, several changes to New Zealand employment law have come into effect.
Wiping the slate clean
The Clean Slate Act or clean slate scheme, became law almost 15 years ago. The rationale behind the legislation was to enable people who had certain convictions to put their past behind them...
Property (Relationships) Act 1976 changes
The law governing the division of property when a relationship ends is, after more than 40 years, set to change following the Law Commission’s comprehensive review...
Insurance & Financial Services Ombudsman
The Insurance & Financial Services Ombudsman office (IFSO) was established in 1995 to help consumers who were in dispute with their insurers or financial services providers.
Capital gains tax
The much-anticipated final report of the Tax Working Group (TWG) was released on 21 February and, unsurprisingly, recommended the introduction of a broad-based, realised capital gains tax (CGT) regime.
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.
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...
Regulating stock movements
The Ministry of Primary Industries is working hard with farmers to control and eradicate Mycoplasma bovis, by regulating stock movements. Here's what you need to know.
What is a 'social enterprise'?
A trending term in the business world over the last year is ‘social enterprise’. What is a social enterprise, and why does it matter?
Food Act 2014
All food businesses must register with MPI, under the Food Act 2014. Check the dates for registration here.
Economic disparity at the end of a relationship
A large number of relationships still follow the ‘traditional’ practice of having one party act as the ‘homemaker’, while the other acts as the ‘breadwinner’- so what happens if the relationship breaks up?
Stay safe this summer
With the Christmas holidays coming up, we want to remind you about keeping safe this summer – on the roads and in the pool, and to reinforce the message about not serving alcohol to people who are not yet 18 years old...>
Blended families: Wills and Trusts
Making sure everyone you care about gets a fair share of your property after you die is an issue most of us grapple with. This may also have additional complications when you have a blended family. It’s not always as easy as just writing your Will and specifying who gets what... >
Privacy in the workplace
In a world where technology is becoming more prevalent, it’s easy to feel that privacy rights are a thing of the past. Privacy breaches are becoming increasingly common given developments in technology and social media...
Contract and Commercial Law Act
With the Contract and Commercial Law Act 2017 coming into force on 1 September 2017, you should review your standard form business contracts to ensure they will be up-to-date. >
Help for first home buyers
It’s every Kiwi’s dream to own their own quarter-acre share of paradise, but it’s becoming harder than ever before. How can you help? >
Relationship property: the Clayton case
The implications of the Clayton case a year on - has it really exposed trusts in relationship property situations? >
Enduring powers of attorney sort out
Having an Enduring Power of Attorney (EPA) is as vital as making sure you have a Will. Whether you’re 18 or 80 years old, you never know when you may need to have a responsible person to make decisions on your behalf. >
Up in the air: using your drone
The use of drones is no longer limited to government agencies, technical gurus or the super wealthy. These high-tech pieces of equipment are, however, bound by Civil Aviation Rules. In this article, we explore what rules there are around their use. >
Our news / autumn
Congratulations to Jamie Barr, who became our newest partner on 1 April. Jamie specialises in business law and has particular expertise in business structuring and shareholder arrangements... >
Disputes Tribunal DIY
If you have a claim of up to $15,000 – the Disputes Tribunal provides a simple, cost-effective way of dealing with civil disputes. We outline below the basics of what you need to know to make a claim. >
Buying off the plans
If you live in one of New Zealand’s cities, it’s likely that you’ve noticed a multitude of brand-new apartments, terraces, and town houses popping up in your area. >
Rural fires
Every year the New Zealand Fire Service and National Rural Fire Authority battle fires all over New Zealand, which begs the question – Who pays for this? >
Public photography
A young Kiwi woman had her photograph circulated around the globe after a journalist photographed her antics at the races. How private is private when taking photos in a public place? >
Our news / summer
Knowing your credit score; and New pool fencing law comes into force on 1 January 2017. >
Children and holiday care disputes
In 2014, the law governing parenting disputes between separated parents was amended. Find out how this new regime applies to ‘semi-urgent’ cases dealing with parenting disputes around Christmas holiday care arrangements... >
Courtroom name supression
Most of us prick up our ears when hearing that someone has been granted name suppression. This article explores the principles behind name suppression and why some people are granted this, and why others are refused. >
Letting your holiday home
Whether you are currently letting your property for short-term visitor accommodation yourself or via the likes of Airbnb or BookaBach, or are considering doing so, we recommend that you give some thought to the following matters. >
Employment agreements
Do all your Employees have Employment Agreements, and do they comply? A recent report from Statistics New Zealand suggests that nearly 1 in 10 employees do not have a written employment agreement. >