Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

Published
Published by Ezrom Waka
A tenant’s snapshot guide to commercial leasing

Commercial leases are a core component of most businesses operating in New Zealand, and as a tenant it is essential to understand the key terms, and potential risks associated with your lease agreements, to ensure that your commercial endeavours can thrive. 

In this article, Ezrom will briefly look at some of the key elements to be aware of and advise on how to avoid some of the more common pitfalls.

Published
Published by Kerri Schofield
Should I make my offer conditional on a Toxicology Report?

On 29 May 2018, the Office of the Prime Minister’s Chief Science Advisor produced a report on Methamphetamine Contamination in residential properties. Most of us will remember the various headlines in the newspaper and on the news and social media; “Meth house contamination debunked by PM’s science advisor” or “The Meth House is a Myth”.

In this article, Kerri outlines the report and what you need to consider as a landlord, purchaser or homeowner.

Published
Published by Tazmyn Prendiville-Stowers
Mental Health and Hauora/Wellbeing in the Workplace

Employers and employees alike may experience mental illness at any stage in their lives.  Given the length of our working lives – the likelihood of it happening during our working life is high.  With that in mind, it is important to foster workplaces where talking about mental health is a safe and natural thing to do. 

In this article, Tazmyn offers tips to equip employers to support their employees in the workplace and understand their obligations if an employee is experiencing mental health challenges. 

Published
Published by Cree Ratapu
How do I raise a personal grievance with my employer?

In the first instance, employees should talk to their employer to try and resolve any problems.  Trying to resolve the problem informally first can help to keep the employment relationship positive.  If an initial discussion leads to more questions than answers, then raising a personal grievance could be an option.

Published
Published by Tipene Atama
Supreme Court Backs Forest & Bird in Major Infrastructure Appeal of NZTA’s East West Link

In a recent landmark decision, the Supreme Court has sided with the Royal Forest and Bird Society against a Board of Inquiry's decision to approve resource consent for NZTA’s proposed East West Link. In this article, we take a look at the decision and what the future may look like for our environment and projects of regional and national significance.

Published
Published by Chantelle Holland
Considerations When An Employee Resigns Amidst Employment Issues

During an employment or disciplinary process, we occasionally see employees tendering their resignation.  The first instinct of a busy employer is to rush to accept this resignation, assuming this means the matter is resolved.  However, this can create risk for the employer and we recommend that employers seek legal advice before rushing to accept. 

In this article, Chantelle looks into the risks associated with accepting the resignation at face value and how to mitigate these risks.

Published
Published by Tiana Barker
Tips for Updating Your Marae Charter – Whakapai Marae

Māori Reservations are a common type of Māori Land trust.  In most instances, Māori Reservations are set up for Marae and urupā purposes.  When establishing a Marae, a Marae Charter is required to guide the trustees, marae komiti and beneficiaries in the governance of the marae.  In this article, Tiana shares helpful tips for updating your Charter.

Published
Published by Tipene Atama
Rapid Reforms: New fast-track regime under scrutiny for environmental impact

The Government is actively discussing the implications of the proposed repeal of the Natural and Built Environments Act 2023 with iwi and hapū.  Led by Minister Hon. Chris Bishop, the talks focus on a streamlined "one-stop shop" for an accelerated consenting process in large-scale projects.  However, concerns have been raised about the new regime, including neglecting environmental and social aspects, political project referrals, and impacts on existing protection measures.

Published
Published by Chantelle Holland
“Right to Disconnect” Bill – A look into Australia’s new working hour bill and how it stacks up against New Zealand Employment law

Our phones make us contactable at all hours, and COVID-19 has taught us that office workers can work from pretty much anywhere.  The Australian Senate recognised that this blurs the lines of “working hours” and passed the Right to Disconnect Bill.  The Bill gives employees protection to ignore calls, texts and/or emails after hours without fear of penalty. 

In this article, Chantelle will see how the Bill stacks up against our laws in New Zealand regarding working hours.

Published
Published by Tazmyn Prendiville-Stowers
Employment Law Changes – What’s Ahead for 2024

The new Government has already implemented changes to Aotearoa’s employment law framework, with further changes forecast for 2024. 

In this article, Tazmyn sets out a few of the most notable changes and what employers should be mindful of.

Published
Published by Chantelle Holland
Annual Leave and Public Holidays - Frequently Asked Questions

The Christmas Holidays are fast approaching!  Here is a quick guide to frequently asked employment questions around this time of year.

Published
Published by
Waitangi Tribunal MACA Report - Everything you need to know

An update on the release of the Waitangi Tribunal’s Stage 2 Report on the Marine and Coastal Area (Takutai Moana) Act 2011.

In this article, Jennae outlines how this relates to your marine and coastal area application and your claim to the Tribunal regarding the Act.

Published
Published by Cree Ratapu
Developments of Tikanga Within Employment Law

Where the evidence demonstrates a commitment to act in accordance with tikanga, an employer should be obliged to do so.

In this article, Cree outlines the relevance of tikanga/tikanga values within employment law. 

Published
Published by Chantelle Holland
Workplace Investigations - Addressing Allegations, Complaints and Concerns in the Workplace

As an employer, it can be difficult to know what to do when faced with allegations of a serious nature.  Allegations could form an employee’s formal complaint of bullying and/or harassment, or they could be the employer’s own concerns that an employee has engaged in serious misconduct.

An employer needs to determine whether an investigation is required to then be in a position to make an informed decision about what to do next.

In this article, Chantelle provides a glimpse into the process of a workplace investigation, the circumstances where an investigation could be required, and whether an internal or external investigation may be better suited.

Published
Published by Laura Monahan
Things to talk to your lawyer about pre-Christmas

Most years, McCaw Lewis sees a bit of a rush in the lead-up to Christmas, as people realise that most law firms shut down for the Christmas break, and scramble to sort out the things they may have been putting off.

Laura Monahan has a few tips to avoid that last-minute panic.