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THE END OF THE EMERGENCY NOTIFICATION REGIME
Posted by Tori Munyard on July 6 2021
In our previous article , we explained the new ‘investor test’ which came into force on 22 March 2021 as part of a collection of various other measures in the Overseas investment (Urgent Measures) Amendment Act 2020 . Further to that article, the New Zealand Government has since... Read the rest of this entry
MUCH ANTICIPATED CHANGES TO GOVERNANCE OF SOCIETIES
Posted by Tori Munyard on July 5 2021
It is fair to say that the introduction of the Incorporated Societies Bill 2021 (Bill) has been much anticipated. The Bill will replace the Incorporated Societies Act 1908 (Act) and will aim to codify principles established in case law and strengthen general governance of not-for-profits.... Read the rest of this entry
RESULT: "MISERY” – NOT THE FINAL WORD
Posted by Tori Munyard on July 5 2021
1. The Court of Appeal in Preston v Preston [2020] NZCA 679 , in summing up the outcome for Mrs Preston in the lower court, concluded “result: misery”. 2. The Court of Appeal’s comment, while apt in describing the history of the litigation and the result... Read the rest of this entry
COVID VACCINATION WORKPLACE POLICY
Posted by Tori Munyard on April 21 2021
From July onwards, as per the Covid rollout plan, two million New Zealanders will be eligible to receive the vaccination, which means, employers will need to have a clear understanding on their rights and responsibilities regarding the Covid vaccination. If an employer wishes to... Read the rest of this entry
BOUNDARY ADJUSTMENT
Posted by Tori Munyard on April 21 2021
A legal boundary adjustment is a form of subdivision (and is classified as a subdivision by the Resource Management Act 1991) involving two or more adjacent properties changing the common boundaries, rather than the creation of additional lots. Boundary adjustment subdivisions between neighbours... Read the rest of this entry
MIND YOUR BUSINESS – A GUIDE FOR MANAGING YOUR EMPLOYEE’S VISA
Posted by Tori Munyard on April 21 2021
The recent Employment Relations Authority ( ERA ) decision in Dilshaad Gill v Restaurant Brands Ltd [2021] NZERA 61 3069072 highlights the importance for employers to thoughtfully balance their seemingly competing obligations under New Zealand Employment and Immigration Law. This... Read the rest of this entry
NEW OIO INVESTOR TEST: CHARACTER AND CAPABIILITY
Posted by Tori Munyard on April 21 2021
In our previous article , we explained the measures expedited under the Overseas Investment (Urgent Measures) Amendment Bill which were introduced to protect vulnerable firms and assets from ‘fire sales’ to overseas investors. Further to that article, a new ‘investor... Read the rest of this entry
DUE DILIGENCE ON TITLES AND THE IMPORTANCE OF REGISTERED DOCUMENTS
Posted by Tori Munyard on March 31 2021
The importance of doing proper due diligence on a property is hard to understate. Whether it is in the context of acquiring a single residential property, a cross-lease, unit title or a subdividable block of the land, the message is the same. Proper legal due diligence is a must. Equally, if you... Read the rest of this entry
ENGAGING LAWYERS EARLY
Posted by Tori Munyard on March 31 2021
Because lawyers are perceived as being expensive, they are often brought into transactions late in the piece to avoid ‘unnecessary’ costs. However engaging lawyers early will ultimately save you time, money and help prevent unforeseen consequences. In the early stages of... Read the rest of this entry
CONTRACTING OUT AGREEMENTS AND THE FAMILY PROTECTION ACT 1995
Posted by Tori Munyard on March 31 2021
Contracting out agreements are useful to give certainty around the division of assets in the event of a separation. This is especially so for later life relationships where individuals are entering into second or subsequent relationships with a significant asset pool already in place.... Read the rest of this entry
ONLINE DEFAMATION AND TROLLING – WHAT TO DO?
Posted by Tori Munyard on March 3 2021
Over the last several years the only platform over which we have been consulted in connection with defamation is the Internet. Online defamation is worse than defamation published in newspapers. This is because of the permanent nature of the internet. The second exacerbating feature of... Read the rest of this entry
GUARANTEES – GET IT IN ‘BLACK AND WHITE’ OR RISK BEING SORRY!
Posted by Tori Munyard on March 3 2021
If you own a business, borrow/lend money or have bought property, chances are you have come across guarantees. Lenders see a guarantee as a form of security. However, it is important to understand how to best protect yourself if you are relying upon the enforceability of a guarantee and... Read the rest of this entry
COVID-19 RESTRICTIONS AND MINIMUM WAGE
Posted by Tori Munyard on March 3 2021
The recent lockdowns imposed in Auckland are a timely reminder that employers need to be clear on their rights and responsibilities during Covid-19. You may recall Sandhu v Gate Gourmet New Zealand Ltd [2020] NZERA 259 decision of the Employment Relations Authority in June last... Read the rest of this entry
FINANCIAL ADVISERS – NEW DISCLOSURE REQUIREMENTS
Posted by Tori Munyard on March 3 2021
If you are a financial advice provider or a financial adviser, new disclosure obligations will apply to you, effective 15 March 2021. These new disclosure obligations aim to improve transparency and to ensure retail clients are provided with information to help them make important financial... Read the rest of this entry
PART 3: GUIDE TO LAND TRANSACTIONS AND DEVELOPMENT
Posted by Lisa Garrud on January 20 2021
This three-part guide comprises sections on the following subject matters: Commercial and Residential Conveyancing Land Development and Subdivision Building and Construction PART THREE: BUILDING AND CONSTRUCTION Building Act / Building Code... Read the rest of this entry
INFRASTRUCTURE – BUILDING OUR WAY TO GROWTH
Posted by Lisa Garrud on January 20 2021
Many economic predictions have missed the mark in 2020, and no doubt there will be many more go the same way, in the everchanging and unpredictable environment last year proved to be, along with evolving situations abroad. In the uncertainty, there are a few things which are unavoidable,... Read the rest of this entry
RISKY BUSINESS – DIRECTORS’ RECKLESS TRADING
Posted by Lisa Garrud on January 20 2021
In September last year, the Supreme Court reviewed the law relating to breaches of directors’ duties in a pivotal decision - Madsen-Ries and Levin as Liquidators of Debut Homes Limited (in liquidation) v Cooper [2020] NZSC 100 . The decision delivered important guidelines for company... Read the rest of this entry
A NEW PLAYING FIELD
Posted by Lisa Garrud on December 8 2020
The long process of overhauling New Zealand’s employer-assisted work visa framework will be entering the third and final phase in 2021. In the intervening years since 2019, Immigration New Zealand (INZ) introduced sweeping changes to existing employer-assisted work visa... Read the rest of this entry
COVID AND REMEDYING DEFAULTS UNDER A MORTGAGE
Posted by Lisa Garrud on December 8 2020
As from 16 May 2020, temporary law changes were made to assist mortgagors facing financial hardship due to the impact of the Covid-19 pandemic. The changes made to the Property Law Act 2007 included the insertion of new sections 120A to 120E as part of the Covid-19 Response (Further... Read the rest of this entry
TO BEQUEATH, OR NOT?
Posted by Lisa Garrud on December 8 2020
As we approach the end of 2020, many of us are reflecting on the last difficult 12 months and considering sorting out our affairs. Estate planning is something we like to put off to later, it is just one of those things that we do not want to think about now and end up leaving to the eleventh... Read the rest of this entry