Helpful reading

Fineprint | 08 Apr 2024

Business briefs

The clock is ticking for New Zealand’s 24,000 incorporated societies to reregister by 5 April 2026. Under the Incorporated Societies Act 2022, if your incorporated society does not reregister by this time, it will automatically cease to exist.

Fineprint | 05 Apr 2024

Do I still need a trust?

Thousands of Kiwis have, over the years, established family trusts for a variety of reasons. However, it’s well worth considering whether those reasons are still relevant today and evaluating whether your trust may have outlived its usefulness.

Fineprint | 05 Apr 2024

Receiving inheritance during a relationship

For a variety of reasons, it may be important for that inheritance to be kept separate from other property of the relationship. This article focuses on the complications of keeping it separate.

Fineprint | 05 Apr 2024

Personal grievances

In today’s ever-changing employment landscape, employers face a myriad of challenges.

Fineprint | 05 Apr 2024

Invoices not being paid on time?

In this article we give some advice to assist both creditors and debtors with managing their business relationships and financial accounts when it comes to unpaid invoices. 

Property Speaking | 26 Mar 2024

Commercial leasing and landlord consent

If you are a landlord owning commercial property, you may want to know how your tenant can make changes to the premises, or its use of the premises, without speaking to you about it first.

Property Speaking | 26 Mar 2024

Easements

In this article we explain the types of easements, their maintenance and repair, and your obligations, and what can happen if there are issues around costs and who pays.

Trust eSpeaking | 07 Mar 2024

Can ex-spouses claim property when you die?

Agreeing on a division of relationship property after you and your spouse separate can be fraught. Usually, emotions are highly charged. 

Trust eSpeaking | 07 Mar 2024

Estates and guarantees

Guarantees entered into by a person during their lifetime can create some difficult legal issues for their executor after they die.

Trust eSpeaking | 07 Mar 2024

Making a bequest to a charity

For many charities, gifts in wills (bequests) are a significant source of funding. 

Commercial eSpeaking | 21 Feb 2024

Trial periods vs probation periods

A trial period is designed to ensure a new employee is a good fit for their employer. An alternative to a trial period is a probation period.

Commercial eSpeaking | 21 Feb 2024

Business briefs

The Commerce Commission recently filed criminal charges against two construction companies and their directors for alleged bid-rigging of publicly funded construction contracts.

Commercial eSpeaking | 21 Feb 2024

Whakaari/White Island eruption

Following the Whakaari/White Island decision, WorkSafe will likely seek full disclosure of all board documents before bringing similar future prosecutions.

Fineprint | 19 Dec 2023

Business choices when in financial difficulty

When your business is facing financial strife, it’s easy to feel overwhelmed. We recommend you contact us for guidance to support you through the process.

Fineprint | 14 Dec 2023

Generative AI and copyright

Many businesses have been using artificial intelligence (AI) for a long time to gather insights into their data and make strategic decisions... As a certain spider once said: With great power comes great responsibility. 

Fineprint | 11 Dec 2023

Changes ahead for retirement

You, or someone you know, may be considering a move into a retirement village. It is a big decision, involving lifestyle choices as well as a significant financial commitment. 

Fineprint | 08 Dec 2023

Children and separation

The time following a separation can be highly emotional – for you and your spouse or partner, and for your children.

Property Speaking | 09 Nov 2023

Alternative methods to sell your property

Auction and tender guide for sellers.

 

 

Property Speaking | 09 Nov 2023

Property briefs

This issue's business briefs are:

First Home Partner scheme: on pause;

Council delays for property developers;

Short-term accommodation;

Election impact on property issues;

Property Speaking | 09 Nov 2023

What happens if your builder goes bust?

Building a new home is an exciting process. It can, however, be quite daunting with risks of unexpected delays, cost increases and, in the worst scenario, your project going completely off the rails.

Commercial eSpeaking | 29 Sep 2023

Mainzeal decision

Taking on the responsibility of a directorship is not a decision to be taken lightly. For New Zealand directors, the magnitude of the director role has been hammered home with the decision of the Mainzeal case from the Supreme Court in late August.

 

Commercial eSpeaking | 29 Sep 2023

Business briefs

This issue's business briefs are:

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 becomes law;

 

Commercial eSpeaking | 29 Sep 2023

New legislation gives better protection

The Construction Contracts (Retention Money) Amendment Act 2023 was passed on 5 April this year with the legislation coming into effect on Thursday, 5 October 2023.

 

Trust eSpeaking | 18 Aug 2023

Polyamorous relationships

Polyamorous relationships can be subdivided into two or more qualifying relationships, to which the provisions of the Property (Relationships) Act 1976 (which applies to relationships between two people) can apply.

 

Trust eSpeaking | 18 Aug 2023

Refusing an inheritance

What is the trustee of an estate supposed to do when a beneficiary will not accept their inheritance? 

 

Trust eSpeaking | 17 Aug 2023

When do a Parent's Responsibilities Cease

In June 2023, the Supreme Court heard the ‘Alphabet case.’ To understand the significance of what is at stake in this case, it is worth considering the facts that gave rise to the litigation and the High Court’s decision.

Fineprint | 16 Aug 2023

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. 

Property Speaking | 28 Jun 2023

Kāinga Ora First Home Partner scheme

In the Winter 2022 edition of Property Speaking we discussed what to consider when co-owning a property with friends or family. Another co-ownership option to consider is the Kāinga Ora First Home Partner scheme (FHP).

Property Speaking | 28 Jun 2023

Property briefs

This issue's property briefs are:

Unit titles legislative updates; 

First Home Grants thresholds increase;

Loan to value restrictions eased; 

Commercial ESpeaking | 25 May 2023

Business briefs

This issue's business briefs are:

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?

Commercial eSpeaking | 24 May 2023

Business continuity planning

Once reserved for large businesses with a high degree of public dependency, such as banking, hospitals or utility companies, business continuity and disaster recovery plans have become increasingly important for businesses of all sizes.

Fineprint | 21 Apr 2023

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.

Fineprint | 21 Apr 2023

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’.

Fineprint | 21 Apr 2023

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?

Property Speaking | 20 Apr 2023

Storm damage to properties

With historic amounts of rain and flooding in many regions many properties have been damaged by flooding, landslides and silt. We give some advice on what landlords, tenants and buyers (who have not yet settled) can do should they be under an agreement.

Property Speaking | 20 Apr 2023

Subdivision consents

In the Autumn 2022 edition of Property Speaking we discussed different types of resource consents. Since then, the government has released a new National Policy Statement for Highly Productive Land to ensure that highly productive land is protected for use in land-based primary production.

Property Speaking | 20 Apr 2023

Property briefs

This issue's property briefs are:

Updates on legislation; 

Changes to LIM information;

Replacement of the Resource Management Act 1991; 

Trust eSpeaking | 06 Mar 2023

Who are the ‘children of the settlors’?

In the recent case of Re Merona Trustees Ltd, the High Court was asked to determine who the beneficiaries of a trust were as it was not clear who was intended by the phrase the ‘children of the settlors’ that was in the trust deed.

Trust eSpeaking | 06 Mar 2023

Who really wants to be a trustee?

Are you a trustee of a family trust, or considering becoming one? If so, you need to be familiar with the obligations you are taking on when agreeing to act as a trustee. 

Simpson Western | 20 Feb 2023

Uber Drivers Declared Employees

In October last year, the Employment Court held that four Uber drivers were employees, not independent contractors. Uber has now sought leave to appeal the decision to the Court of Appeal.

Commercial eSpeaking | 16 Feb 2023

Business briefs

This issue's business briefs are: 

Employment Court rules four Uber drivers are employees;

Facial recognition and the Privacy Act: balancing security and individual rights; and

Cartel conduct: Commerce Commission warns eight freight forwarding companies.

Commercial eSpeaking | 16 Feb 2023

What is the PPSR?

The PPSR is a searchable online register that records if a third party has a financial interest in the assets of individuals or entities. If you or your business leases or sells goods on credit terms, or if you have lent money to a third party, you should seriously consider registration on the PPSR in order to protect your business or yourself.

Fineprint | 19 Jan 2023

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?

Fineprint | 13 Dec 2022

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? 

Fineprint | 07 Dec 2022

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.

Simpson Western | 25 Nov 2022

Changes to Simpson Western for early 2023

We would like to announce some changes to Simpson Western for early 2023.

Property Speaking | 27 Oct 2022

Property briefs

This issue's property briefs are:

Buying a property with unconsented works; 

Body corporate rules beefed up;

Victims of domestic violence can terminate tenancies; 

Property Speaking | 20 Oct 2022

Vendor Obligations

A case heard in the Supreme Court earlier this year presents a cautionary tale for property sellers. For all sellers, this case signals that even though you have a signed agreement for sale and purchase, there is likely to be more for you to do than just wait for settlement day when money will change hands.

Trust eSpeaking | 15 Sep 2022

Wearing two hats in a family protection claim

In a recent case, the High Court found that a will administrator’s default in complying with a court order was so flagrant, it justified issuing an order for arrest of the administrator. How did this arise and, more importantly, how could it have been avoided? 

Commercial eSpeaking | 14 Sep 2022

Business briefs

This issue's business briefs are: 

Hiring migrant workers: What the new AEWV means for you;

Changes to the Holidays Act on the horizon; and

FMA review of ethical investing highlights need for improvement.

Simpson Western | 13 Sep 2022

Hybrid working

The application of the existing unfair contract terms (UCT) regime which applies to standard form contracts between businesses and consumers has been extended to apply to standard form "small trade contracts" pursuant to the Fair Trading Amendment Act 2021 (the Act) which came into force on 16 August 2022.

Simpson Western | 13 Sep 2022

EPAs and PPPR Orders

Simpson Western acknowledges the stress families go through when a loved one loses capacity and is no longer able to manage their own personal and property affairs.

Trust eSpeaking | 30 Aug 2022

Trusts Act 2019

Trusts Act 2019 also affects executors and administrators of wills. Mandatory and default duties explained here:

Simpson Western | 18 Aug 2022

Unfair Contract Terms

The application of the existing unfair contract terms (UCT) regime which applies to standard form contracts between businesses and consumers has been extended to apply to standard form "small trade contracts" pursuant to the Fair Trading Amendment Act 2021 (the Act) which came into force on 16 August 2022.

Fineprint | 09 Aug 2022

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.

Fineprint | 29 Jul 2022

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. 

Simpson Western | 13 Jul 2022

Shareholders' rights

Starting a business is an exciting proposition. However, life circumstances may change or shareholding relationships may alter such that you wish to exit the company. It is important to ensure all parties are on the same page from the start as to how you will manage your exit arrangement.

Simpson Western | 08 Jul 2022

Employer Accreditation Process Changes

From 4 July 2022 all New Zealand employers who want to employ new migrant workers or retain their current migrant workers will need to be accredited. The new accreditation system replaces six existing temporary work visas.

Property Speaking | 28 Jun 2022

Property briefs

Healthy homes standards have changed;

Rent relief for commercial tenants;

Rising interest rates causing anxiety for borrowers.

Property Speaking | 23 Jun 2022

Co-owning a property

For many, owning a property simply involves having your own name recorded on the title. There are some situations, however, where you might share property ownership with friends, family or business partners.