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“RISING FROM THE ASHES” - PHOENIX COMPANIES
Posted by Tori Munyard on September 23 2022
Recently, there has been a rise of failed companies (particularly within the construction industry) where directors seek to restart their businesses again via a “new company” with a similar trading name, staff, assets, and overall business plan but without taking over the old... Read the rest of this entry
CAN WE TRUST DIGITAL SIGNING?
Posted by Tori Munyard on September 23 2022
A general manager is a manager of all things general. You need to know enough to not get in trouble, but not so much you become an expert in one area, neglecting others. I decided I needed to know more about digital signatures. Not necessarily understanding coding or encryption techniques, but... Read the rest of this entry
VALIDATION OF WILLS: SECTION 14 OF THE WILLS ACT 2007
Posted by Tori Munyard on September 23 2022
The Wills Act 2007 sets out how wills should be prepared, executed, and administered. For a will to be valid, section 11 of the Act, requires a will to be in writing, signed by the will-maker (or another at the will-maker’s direction in his or her presence), witnessed by... Read the rest of this entry
FAILED ATTEMPT TO PIERCE EMPLOYER’S CORPORATE VEIL
Posted by Tori Munyard on August 23 2022
A recent decision in the Employment Relations Authority highlights the importance of assessing the corporate employer’s ability to pay compensation before issuing proceedings. In De Sousa, De Sousa, Cavanagh, Keats, Kean, Araujo, Banphet and Morison v Bayside Fine Food Ltd (in... Read the rest of this entry
DIRECTORS IN NEW ZEALAND – KEY DUTIES
Posted by Tori Munyard on August 23 2022
Directors have a key role in corporate governance. They set the goals and aims of a company, provide leadership and supervision to management, and report to the shareholders. There are clearly defined duties in the Companies Act 1993 that apply to directors, and it is critical that directors... Read the rest of this entry
NEW CONDUCT REGIME FOR FINANCIAL INSTITUTIONS
Posted by Tori Munyard on August 23 2022
New legislation has been passed with the intention to drive positive industry behaviour change to ensure the fair treatment of consumers by financial institutions. The Financial Markets (Conduct of Institutions) Amendment Act 2022 also known as the Conduct of Financial Institutions... Read the rest of this entry
GAMBLING FOR THE GREATER GOOD
Posted by Tori Munyard on July 29 2022
We have seen numerous organisations running lotteries and competitions to raise funds. These lotteries and competitions are regulated under the Gambling Act 2003 (Act), which states that all gambling activities are prohibited unless authorised by the Act. The Act categorises gambling... Read the rest of this entry
THE POST-COVID LAWYER-CLIENT RELATIONSHIP
Posted by Tori Munyard on July 29 2022
Covid was a major disruptor to so many aspects of life, and law firms did not escape the steep learning curve that resulted. The lockdowns affected how we operate, care for one another, how we use our office space, interact with our clients, and communicate. The effects have remained long-term... Read the rest of this entry
FROM “MISERY” TO “RELIEF” – NUPTIAL TRUST ASSETS AFTER A MARRIAGE HAS ENDED
Posted by Tori Munyard on July 29 2022
The focus of this article is section 182 of the Family Proceedings Act 1982 , as opposed to other legal avenues directed at bringing trust assets into issue after the breakdown of a relationship, section 182 of the Act enables the Court to reopen a trust if a settlement is made in contemplation... Read the rest of this entry
TRUSTEES TAKE NOTE! NEW DOMESTIC TRUST REPORTING REQUIREMENTS
Posted by Tori Munyard on July 29 2022
During April this year, the Government introduced two sets of reporting requirements for domestic trusts. The purpose of the changes is to improve the transparency of domestic trusts, and to assist Inland Revenue with their compliance of the new 39% personal income tax rate. As noted by the... Read the rest of this entry
RECORD DAMAGES AWARDED IN A RECENT EMPLOYMENT RELATIONS AUTHORITY CASE
Posted by Tori Munyard on June 30 2022
Recently, the Employment Relations Authority handed down a significant decision, awarding record damages to a teacher for wrongful termination of employment. Amongst other findings, they confirmed that an employer’s post-termination aggravating conduct can increase the remedies.... Read the rest of this entry
THE PROPOSED MODERN SLAVERY LEGISLATION AND NEW COMPLIANCE FOR BUSINESS
Posted by Tori Munyard on June 30 2022
The Ministry of Business, Innovation, and Employment ( MBIE ) recently released a consultation paper seeking input on a Legislative response addressing slavery and worker exploitation. The proposed legislation would create due diligence and disclosure obligations for businesses operating in New... Read the rest of this entry
THE NEW INCORPORATED SOCIETIES ACT 2022
Posted by Tori Munyard on June 30 2022
For over a century, incorporated societies in New Zealand have been governed by the outdated Incorporated Societies Act 1908 . Having identified numerous deficiencies in the Act, the Incorporated Societies Bill was introduced to Parliament last year and the new Act Incorporated Societies Act... Read the rest of this entry
RECENT CHANGES TO THE BRIGHT-LINE TEST
Posted by Tori Munyard on June 30 2022
The government recently extended the bright-line test to 10 years for residential properties acquired on or after 27 March 2021. This means that any gains made on the sale of residential property during the bright-line period will be subject to tax unless an exemption applies. These... Read the rest of this entry
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