News & Publications

THE POTENTIAL RISKS OF PURCHASING AT A MORTGAGEE SALE

Posted by Neeru Kesry on February 27 2020

Whilst purchasing a property at a mortgagee sale may result in you obtaining a good deal, purchasers need to be aware of the possible related risks. It is imperative for purchasers to complete their research, due diligence investigations and obtain the necessary legal and... Read the rest of this entry

STORE OWNER ORDERED TO PAY $200,000 IN PENALITIES

Posted by Tony Sung on February 27 2020

A recent decision of the Employment Court has demonstrated that new enforcement provisions in the Employment Relations Act 2000 (the Act), have real teeth – and should strike fear in any employer not correctly paying their staff for their work. Under the ERA, employers are... Read the rest of this entry

IMMIGRATION PRACTICE – INTRODUCING DEW JAMES

Posted by Margaret Hellyer on February 27 2020

We are excited to announce that Dew James recently joined Shieff Angland’s Employment Law Team. As a Solicitor of the firm, Dew will be responsible for assisting clients with immigration, refugee and employment law-related matters. With nearly six years’ experience as an immigration... Read the rest of this entry

WARRANTIES V INDEMNITIES

Posted by Kellie Bright on December 13 2019

In the context of commercial transactions, contractual protection will often be in the form of warranties and indemnities. Depending on the nature of the contract, warranties and indemnities are frequently used to allocate risks between the parties involved. Therefore, it is important to... Read the rest of this entry

REPAYABLE ON DEMAND?

Posted by Shan Langston on December 13 2019

Every day family members and friends loan each other money. The form of the agreement is typically casual. Sometimes the agreement (whether oral or in writing) will not mention when repayment is to occur or will simply say ‘repayable on demand’.  Does this matter?... Read the rest of this entry

MAKING IT FAIRER FOR TENANTS

Posted by Alice Alipour on December 13 2019

One third of New Zealanders now live in rental properties. If you are a tenant renting in major cities in New Zealand (like Auckland and Wellington) or looking to rent a place, you will be aware of the significant rental rates that landlords are imposing on tenants.  But no... Read the rest of this entry

CRIME SURVEY FINDS MĀORI AND YOUNG PEOPLE THE MOST VICTIMISED

Posted by NZ Law Society on December 13 2019

Māori form 26% of the most highly victimised people, almost twice as high as their proportion of the New Zealand adult population, according to the Ministry of Justice’s latest report Highly Victimised People. The report comes off the back of the New Zealand Crime and Victims... Read the rest of this entry

Construction disputes - Tips on how to avoid them

Posted by Kalev Crossland on November 11 2019

With Auckland crane numbers at almost 100 in July this year, construction litigators have been busy – both vertical and horizontal disputes. Great for lawyers and the experts alike, but not so good for developers, contractors, subcontractors and suppliers. Interestingly, despite the... Read the rest of this entry

Public Works / Land Compensation - Processes

Posted by Aidan Tattley on November 11 2019

In most cases where an entity intends to exercise powers conferred on it under the Act, one of the early steps will be to consult with the relevant landowners, or at the least give notice. However, it is critical as a landowner to know your rights in such circumstances and seek professional... Read the rest of this entry

Sponsorship Agreements – how to avoid selling more than you bargained for

Posted by Dasha Kovalenko-Gormack on November 11 2019

Many sporting organisations struggle financially and are reliant on sponsorships with commercial partners to assist with cash flow.  This is greatly appreciated by the organisations and a key way to commercialise the organisation where it might otherwise only be reliant on or predominantly... Read the rest of this entry

Avoiding digital distractions

Posted by NZ Law Society on November 11 2019

We’re a distracted workforce these days. While some types of distraction can be good for productivity, such as in creative tasks where it can make space for the more intuitive, holistic, creative right brain to rev up, typically distraction is adversely affecting our workplace... Read the rest of this entry

Public Works/Land Compensation – Infrastructure vs Owner’s Use

Posted by Richard Hatch on October 14 2019

The Public Works Act 1981 (Act) has evolved over a significant number of years to place more protection on the rights of the landowner. However, the Act still confers significant and wide ranging powers to ‘take land’ either by agreement, or compulsorily. Although, these powers are... Read the rest of this entry

The Essentials of being an Effective Director – Lessons from the High Court

Posted by Jesvin Boparoy on October 14 2019

In the wake of numerous director reckless trading decisions before the High Court, it is timely to remind all those who hold directorships of their legal roles and responsibilities under the Companies Act 1993 (the Act). Earlier this year, the liquidators of Mainzeal Property and... Read the rest of this entry

Trusts Law Update – Trusts Act 2019

Posted by Kellie Bright on October 14 2019

The Trust Act 2019 (Act) comes in to force on 30 January 2021 and brings important reform to the Trustee Act 1956. The main objective of the Act is to make trust law more accessible to the public.  It sets out and simplifies core trust principles and default administrative obligations,... Read the rest of this entry

Proposed Sports Anti-Doping Rules 2020 under consultation

Posted by NZ Law Society on October 14 2019

The Board of Drug Free Sport New Zealand has advised that it proposes to make the Sports Anti-Doping Rules 2020 under section 16 of the Sports Anti-Doping Act 2006. The 2020 Rules will amend the Sports Anti-Doping Rules 2019. The draft 2020 Rules and the material incorporated by... Read the rest of this entry

To sue or be sued: The first questions your lawyer should ask.

Posted by Kalev Crossland on September 13 2019

What better way to start off our first newsletter than with something that has been dear to my heart for almost 30 years now. Suing. A lot of fun and interest for me and my team, but for many of you – probably uncertainty or if you’ve been there before, you might liken it to having a... Read the rest of this entry

Overseas Investment Act: Removing unnecessary red tape

Posted by John Kearns on September 13 2019

Consultation on phase two of potential reforms to the Overseas Investment Act 2005 is underway. The recent consultation document released by the Treasury follows from last year’s phase one changes which restricted foreign investment in ‘residential property’. The... Read the rest of this entry

Workplace bullying attacks your bottom line – how to deal with it

Posted by Shelley Eden on September 13 2019

Often I am called in to help solve bullying issues in the workplace. Usually, this is when the relationships between the parties is already close to breakdown. For instance, not long ago I helped a medical practice with an investigation into multiple complaints of bullying and sexual harassment.... Read the rest of this entry

Building sector facing significant legislative reform

Posted by Deanna Clark on September 13 2019

In a recent discussion paper, the Government identified a number of longstanding problems within the building sector including inconsistent and insufficient practices, low productivity, labour shortages and poor health and safety practices. It has therefore proposed changes to five areas of the... Read the rest of this entry

MBIE is Targeting Construction Companies

Posted by TVNZ One News on September 4 2019

MBIE is Targeting Construction Companies You might have heard in the news recently that four construction companies (CNZ Homes, Vanguard Construction, MX Construction and GL Siteworks) have all received infringement notices for breaching Employment Relations Act 2000 and Holidays Act 2003,... Read the rest of this entry