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 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.

Published
Published by Tazmyn Prendiville-Stowers
Employment Agreements – Ensuring they cover the basics

An employment agreement is a fundamental document providing protection and clarity for both, an employer and employee. It is crucial that these agreements encapsulate the Important basics of any relationship.

Published
Published by Chantelle Holland
As a business owner/employer, how can I navigate my duties to employees during a recession? 

While we are technically now in a recession, it’s good practice for employers to consider how their business may be impacted and what that means for them and their employees.

Published
Published by Cree Ratapu
Breach of Agreement Made at Employment Mediation

When it comes to entering into Records of Settlement with former employees, there is often some agreement around what is or is not to be said.  This might include whether written references are to be given or perhaps agreement not to provide any reference or comment at all.

Published
Published by Tazmyn Prendiville-Stowers
A Step Towards a New Resource Management System: Introducing the Natural and Built Environment Bill and Spatial Planning Bill

The Government has introduced the Natural and Built Environment Bill and the Spatial Planning Bill – which together make up two of the three components that will replace the RMA and ultimately act as our new resource management system.

Published
Published by Jessica Middleton
Subsidiary Structuring for PSGEs – Custodian Trustees

Once an iwi has completed its settlement process, the next stage is to consider what structure will best manage and utilise settlement assets. In the third of this series, Jessica Middleton looks at custodian trustees, which can be a simple, cost-effective solution to some of the technical issues faced by trustees of a post-settlement governance entity.

Published
Published by Jessica Middleton
Subsidiary Structuring for PSGEs – Charitable Trusts

Once an iwi has completed its settlement process, the next stage is to consider what structure will best utilise settlement assets for the benefit of iwi, both short- and long-term. In the second of this series, Jessica Middleton looks at charitable trusts, which can be set up to benefit iwi members directly.

Published
Published by Jessica Middleton
Subsidiary Structuring for PSGEs – Limited Partnerships

Once an iwi has completed its settlement process, the next stage is to consider what structure will best utilise settlement assets for the benefit of iwi, both short- and long-term. In the first of a series on structuring for PSGEs, Jessica Middleton looks at limited partnerships, a vehicle commonly used to establish and manage commercial activities.

Published
Published by Kaylee Bird
Charities Amendment Bill

The Charities Amendment Bill (the Bill) was introduced to Parliament on 21 September 2022.  The Bill is the result of a process to review and modernise the Charities Act 2005. The intention of the Bill is to increase transparency within the charities sector, improve access to justice services, and reduce the barriers faced by smaller charities. 

Published
Published by Zane Mora
My Relationship Has Ended. What Now?

A relationship breakdown can be an incredibly challenging time, emotionally, mentally, and financially.  While the care and welfare of any children and personal safety, are paramount, when it comes to relationship property where do you start?  What are the key considerations and practical matters you need to be aware of? How do you go about finalising your relationship property affairs?

Published
Published by
Do I have a claim against a property if I contributed financially to it?

Yes, contributions to property owned by another can give you an interest in that property but it will depend on why the contribution was made.

Published
Published by Andrew Hong
A Right To Copy - Is Copyright Relationship Property?

Creative workers and copyright holders were in for a shock recently, when the High Court in Alalaakkola v Palmer [2021] NZHC 2330 found that copyright created during a marriage is part of the divisible property pool, and effectively up for grabs.

The decision has the potential to impact on creative workers of all types, most obviously artists.  We break down the case, its potential effects on New Zealand copyright, and what it means for you.

Published
Published by
I was promised something under a Will but received nothing. What can I do?

The Law Reform (Testamentary Promises) Act 1949 allows you to claim against the estate of a deceased person if they promised to leave you something under their Will, but they don’t. The promise must be in exchange for services. The “promise” can be express, usually orally or in writing, or implied.  The value can be explicit in dollar terms, but if not, the Court needs to assess the amount that should be awarded.

Published
Published by
Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022

In response to the need for more houses in New Zealand and as a result of newly introduced legislation which will allow for the faster creation of high-density housing, we are likely to see a greater number of people living in unit title developments. While this will undoubtably change the landscape we are used to living in, it also places a spotlight on how people buy into apartment blocks, get the right information, interact with their fellow unit title owners, make decisions, and live together. 

Published
Published by
Left Out of a Will?

A spouse, child, grandchild, stepchild or parent of the Will maker can bring a claim if they consider they did not receive enough under the Will.  A Court will determine whether the deceased breached their moral duty by failing to provide proper maintenance and support and, if so, what is required to remedy the breach.