Business briefs
This issue's business briefs are:
Mainzeal: lessons for directors;
Proposed changes to the Commerce Act; and
Incorporated Societies Bill.
To jab or not to jab?
While many Kiwis are queuing up and eagerly awaiting their Covid vaccinations, not everyone is willing to take ‘the jab’. Recent headlines of sacked border staff who refused their Covid vaccinations have highlighted the difficulty many employers will face in deciding if their staff can reasonably be required to be vaccinated.
Wellbeing Budget 2021: Key points
A better than expected economic recovery after the scourges of Covid has enabled the government to propose significant investment in health and welfare, housing (particularly for Māori), infrastructure to rebuild from the impact of the pandemic and to continue to make this country safe from the virus.
Government Housing Package
One of the most talked about changes of the Government's recently introduced housing package was doubling of the bright line period from five to ten years.
Cyber security 101 for business
You arrive at work to find that files with sensitive commercial and client information held on your computers have been hacked. This is the situation the Reserve Bank of New Zealand (RBNZ) found itself in earlier this year.
LIM reports and property files
If you are considering buying a property, you should carry out due diligence to assess its overall suitability for you and, amongst other things, to ensure all consents have been issued. Two sources of information are the Land Information Memorandum (LIM) and the property file held by local councils.
Social media – IP owner's friend or foe?
Social media is a very powerful marketing tool. If used and managed properly, platforms like Facebook, Instagram and Twitter can be a brand’s best friend.
A child's care following separation
When a couple separates, there is sometimes a major dispute when parents or caregivers can’t agree on the care arrangements for their children. Communication has broken down and mediation hasn’t worked, so one parent (or both) applies to the Family Court...
Reverse mortgages
The current combination of increasing living costs, rising house prices and low interest rates has seen more than property-seekers signing up to home loans. On the other side of the coin, some older homeowners are seeking ‘reverse mortgages’ from their lenders in order to release the growing equity in their property.
Rent reviews in commercial leases
Negotiating commercial leases can involve a significant amount of crystal ball gazing – particularly when some leases can last decades. As recent times have shown, the landscape at the start of a lease can be miles away from the situation at the end of the lease.
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.
New trusts legislation now in force
The Trusts Act 2019 came into force on 30 January 2021. One major topic of discussion arising from the new Act has been the provisions governing disclosure of trust information to beneficiaries...
Trustees’ expenses
When trustees incur expenses, they are not expected to be out of pocket in carrying out their responsibilities. Trustees are entitled to use trust money or...
Succession and trust law changes
A significant change to the succession laws relating to Māori land came into force on 6 February 2021 (Waitangi Day).
Raising capital for your business
The Covid pandemic has paved the way for innovation, and many New Zealanders spent 2020 investing time and money into their new or existing businesses.
Having a puff at work
New Zealand laws have finally caught up with vaping (also called e-cigarettes) that have, for some time, enjoyed freedom from the country’s strict tobacco regulation.
Business briefs
Covid relief key expiry dates 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
It's time to dust off your Privacy Policy
The Privacy Act 2020 is to come into effect on 1 December 2020 (Act). The new Act reflects the more globalised business environment we live in today...will provide greater security to individuals, and place further obligations on businesses when dealing with personal information and data.
Directorships mean significant obligations
The court clearly spelt out that in insolvency...it is not acceptable to simply try to ‘trade through’... directors must ensure they use the formal (or informal) mechanisms provided in the Companies Act 1993 to address the company’s financial predicament.
Holiday houses
Many Kiwis will be looking to rent a holiday home for the traditional summer holiday this year... Whether you own a holiday home and are looking for some extra income, or you want to rent a place for the whānau Christmas, there are a few things to remember.
Building a fence in town
As the daylight hours extend, so too does the list of summer jobs that have been building up over the past year. On that list for many will be replacing those rickety old boundary fences that surround your house. Before you rip them all down, we have a case study that clarifies why it’s so important not to rush.
We're buying a house together
We have seen an exponential uptake of investment in property, among young couples in particular... quite often, many couples’ initial cash contributions to fund the deposit are different... but if you and your partner or spouse break up, this difference could become a major sticking point.
Changes to the Building Act 2004
Changes to the Building Act 2004 came into force on 31 August 2020.
Understanding your property title
Before you buy a property it is important that you understand exactly what you are purchasing. Your property title records (or should record) all of the interests that affect your title. That way, you are fully informed about any rights or obligations you may have – before you buy.
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.
Covid Commercial Rent Disputes
Subsidised arbitration and mediation services are now available to commercial tenants and landlords of small to medium-sized businesses that have been unable to agree upon rent reductions during Covid-19 alert levels 3 and 4.
COVID relief roundup
Since the pandemic arrived on our shores, the government has made available multiple types of financial relief; more than one may be available to your business.
OIO temporary emergency notification
In June, the OIO enacted a change that now requires all overseas purchasers of New Zealand business assets to submit a notification to the OIO before the transaction takes place.
Business briefs
The Privacy Act 2020 was passed on 30 June 2020 and comes into force on 1 December 2020.
Legal documents signing: lockdown
During the COVID lockdown, special rules applied to the signing of some legal documents.
Trustees’ decisions
In a recent case (Unkovich v Clapham [2020] NZHC 952) trustees’ decision-making came under scrutiny from the High Court.
Relationship property claims
When entering a second or subsequent relationship, it is common to want to keep assets safe from relationship property claims.
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.