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 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. 

Published
Published by Laura Monahan
The Mainzeal Decision: What does it mean for Directors?

After nearly a decade of litigation, the Supreme Court has dismissed appeals from the four former Mainzeal directors that they breached their duties under the Companies Act 1993.  So, what does it mean for company directors going forward?

Published
Published by Andrew Hong
Is My Inheritance Relationship Property?

Following on from our article “Is My KiwiSaver Relationship Property” we continue our Relationship Property series by addressing the question “is my inheritance relationship property”.

To answer this question, we need to understand the term known as “intermingling”.  Understanding what intermingling is, and how it occurs, will help ensure your inheritance is applied as intended. 

Published
Published by Chantelle Holland
Sick Leave Entitlements – The Basics, “Sickies” and Medical Incapacity - Frequently Asked Questions

Employers need to be knowledgeable around sick leave entitlements and how to minimise the impacts of staff absences on the business.  This article covers employer’s obligations and answers some frequently asked questions from employers.

Published
Published by Zane Mora
Is My KiwiSaver Relationship Property?

Following a relationship breakdown, the term “relationship property” becomes all important.  But what exactly does relationship property include?  In a series of articles, we will be considering this question in respect of the most common items of property that people hold in their relationships, starting with KiwiSaver.

Published
Published by Daniel Shore
Where There is a Will in the Way – An Overview of Estate Claims and Challenging Wills

The loss of a family member or an acquaintance can be one of the most difficult situations to face.  A surprise as to how the deceased has left their affairs, can often compound the stress and emotions being experienced. 

While the law assumes that a validly executed Will reflects the testator’s (willmaker’s) intentions, there are a number of legal frameworks to protect both the testator and those left behind.

Published
Published by Kylee Katipo
Tiana Barker
Māori Land Court’s jurisdiction over PSGE Trusts to be decided on a case-by-case basis

The Court of Appeal has overturned a decision that the Māori Land Court has jurisdiction to hear claims against Post-Settlement Governance Entities (PSGEs). 

This significant decision impacts on future applications filed in the Māori Land Court relating to PSGEs.  The impact on future applications will need to be determined by the Judge hearing those applications on a case-by-case basis.  What will be relevant is the purpose for which a PSGE/Trust was established and the assets of the Trust at the time of establishment.

Published
Published by Andrew Hong
Reasonable Recklessness – A Guide to "Reasonable Care Conditions"

If you asked someone why they have insurance in the first place, the most common reaction is peace of mind.  However, a lack of caution can mean a breach of your insurance, with insurance companies commonly citing a “failure to take reasonable precautions” as a reason for the policy being breached, with cover being declined as a consequence.