https://shieffangland.co.nz/ Latest update from Blog en-us Sun, 28 Apr 2024 07:36:32 +1300 Sun, 28 Apr 2024 07:36:32 +1200 60 https://shieffangland.co.nz/rss/blog/ https://shieffangland.co.nz/blog/news/building-resilience-developers-tactics-for-handling-contractors-insolvency/ As of March 2024, there has been a record number of liquidations in one month compared to over the past nine years — with 234 companies going into liquidation, 26 companies going into receivership, and 20 going into voluntary administration [1].  Statistics show that the building and... Tue, 23 Apr 2024 10:54:43 +1200 https://shieffangland.co.nz/blog/news/building-resilience-developers-tactics-for-handling-contractors-insolvency/ https://shieffangland.co.nz/blog/news/surrender-assignment-or-sublease-a-tenant-s-guide-to-changing-lease-circumstances/ If you are a tenant that leases its premises, and your plans change, you should be aware of the options available to you in terms of parting with possession of the premises: Your options in that instance are likely to be: Surrender of lease Assignment of lease Subleasing... Tue, 23 Apr 2024 10:45:45 +1200 https://shieffangland.co.nz/blog/news/surrender-assignment-or-sublease-a-tenant-s-guide-to-changing-lease-circumstances/ https://shieffangland.co.nz/blog/news/smith-v-fonterra-paving-the-way-for-climate-change-litigation-in-new-zealand/ The recent Supreme Court decision of Smith v Fonterra Co-Operative Group Limited [2024] NZSC 5 significantly advances the climate change and environmental law space. The Court ruled in favour of climate activist Mike Smith (Ngāpuhi and Ngāti Kahu), granting him the opportunity to sue major... Tue, 27 Feb 2024 16:01:00 +1200 https://shieffangland.co.nz/blog/news/smith-v-fonterra-paving-the-way-for-climate-change-litigation-in-new-zealand/ https://shieffangland.co.nz/blog/news/tough-new-laws-on-employers-hiring-migrant-workers/ In an era where global migration is a common phenomenon, ensuring the fair treatment and protection of migrant workers has become an imperative task for governments worldwide. New Zealand, known for its progressive policies, has taken a significant step forward with the implementation of the... Tue, 27 Feb 2024 15:57:42 +1200 https://shieffangland.co.nz/blog/news/tough-new-laws-on-employers-hiring-migrant-workers/ https://shieffangland.co.nz/blog/news/exploring-the-changes-in-the-charities-act-2005/ If you are involved in the operation of a charity, you need to be aware of the recent changes to the Charities Act 2005 (Act). Different changes come into play on three critical dates between 2023 and 2024. Most relevant to registered charities include the amendment to the definition of an... Tue, 27 Feb 2024 15:54:00 +1200 https://shieffangland.co.nz/blog/news/exploring-the-changes-in-the-charities-act-2005/ https://shieffangland.co.nz/blog/news/safeguarding-the-legal-landscape-from-data-breaches/ Cyber security and data breach responses remain of utmost importance for all businesses. With the confidentiality requirements and large financial transactions which law firms undertake, it is especially so in the business of law. How big is the problem, and what are we doing about... Fri, 01 Sep 2023 09:21:43 +1200 https://shieffangland.co.nz/blog/news/safeguarding-the-legal-landscape-from-data-breaches/ https://shieffangland.co.nz/blog/news/rethinking-the-wills-act-in-the-digital-age/ The Wills Act 2007 (Act) is a vital piece of legislation, outlining the legal requirements for creating and executing a will. But with the rapid advancement of technology, could changes to this Act be on the horizon? Section 11 of the Act requires that a will must be made in... Fri, 01 Sep 2023 09:15:47 +1200 https://shieffangland.co.nz/blog/news/rethinking-the-wills-act-in-the-digital-age/ https://shieffangland.co.nz/blog/news/court-of-appeal-s-review-of-uber-drivers-employment-status/ On 25 October 2022, Chief Judge of the Employment Court, Judge Christina Inglis, made a historic ruling declaring that Uber Drivers, including Uber Eats, are employees rather than contractors. The Court of Appeal has recently granted Uber Group’s (Uber) application for leave to... Fri, 01 Sep 2023 09:04:09 +1200 https://shieffangland.co.nz/blog/news/court-of-appeal-s-review-of-uber-drivers-employment-status/ https://shieffangland.co.nz/blog/news/exploring-director-and-officer-insurance-for-better-liability-protection/ Company directors are facing increased risks of personal liability stemming from regulation and the evolving business environment.  Personal liability can arise under legislation (including the Companies Act 1993, Privacy Act 2020, Fair Trading Act 1986, Financial Markets Conduct Act 2013,... Fri, 01 Sep 2023 08:56:35 +1200 https://shieffangland.co.nz/blog/news/exploring-director-and-officer-insurance-for-better-liability-protection/ https://shieffangland.co.nz/blog/news/private-prosecutions-and-the-health-and-safety-act-2015/ A private prosecution can be taken under s.144 of HSWA when: the regulator cannot or chooses not to prosecute a work health and safety incident or breach. In addition, if no investigation is initiated, then private prosecution is still open; the coroner completes and signs a... Tue, 18 Jul 2023 13:44:35 +1200 https://shieffangland.co.nz/blog/news/private-prosecutions-and-the-health-and-safety-act-2015/ https://shieffangland.co.nz/blog/news/a-good-lawyer-is-an-investment/ When people think about lawyers, it appears that for many, the first thing they think about is the cost. However, this presumption fails to consider the value a lawyer brings and the risks they help clients avoid. Let me elaborate on the value… Expertise Lawyers... Tue, 18 Jul 2023 12:12:32 +1200 https://shieffangland.co.nz/blog/news/a-good-lawyer-is-an-investment/ https://shieffangland.co.nz/blog/news/tiny-homes-and-the-power-of-the-equitable-lien-in-insolvency/ Tiny homes are becoming more and more popular in New Zealand. But without standard contracts, each provider has their own bespoke documentation, resulting in complications and inconsistencies, particularly in cases where the tiny homes provider goes into liquidation. Because there is... Tue, 16 May 2023 10:55:10 +1200 https://shieffangland.co.nz/blog/news/tiny-homes-and-the-power-of-the-equitable-lien-in-insolvency/ https://shieffangland.co.nz/blog/news/navigating-mortgagee-sales-key-considerations-for-lenders/ As interest rates continue to rise, many borrowers may find it increasingly difficult to keep up with their mortgage repayments. In some cases, this may lead to a mortgagee sale, where a lender sells the security property to recover the outstanding debt owed by a borrower. Unlike typical... Tue, 16 May 2023 10:48:47 +1200 https://shieffangland.co.nz/blog/news/navigating-mortgagee-sales-key-considerations-for-lenders/ https://shieffangland.co.nz/blog/news/pro-bono-and-conditional-fee-agreements/ In my experience with lawyers, their passion for helping their clients is a common theme. They confidently provide a valuable service that positions clients for a positive future, gets them out of a current predicament, sets expectations for relationships, and protects relationships from... Tue, 16 May 2023 10:45:42 +1200 https://shieffangland.co.nz/blog/news/pro-bono-and-conditional-fee-agreements/ https://shieffangland.co.nz/blog/news/could-defamation-be-affecting-your-online-reputation/ As the saying goes, “first impressions are everything” and, in the digital age, online reviews are just one tool that a business can utilise to influence and attract consumers. There have been significant increases in customers shopping online, and in conjunction with the... Tue, 21 Mar 2023 15:35:21 +1200 https://shieffangland.co.nz/blog/news/could-defamation-be-affecting-your-online-reputation/