Settlement day is fast approaching, and the agent has contacted you asking when you would like to complete your pre-settlement inspection. You may be thinking to yourself, is doing a pre-settlement inspection worth it? What sorts of things should I look out for? When should I complete this?

Read through this article to find out more.

As a foundational document for Aotearoa New Zealand, it is important to understand what te Tiriti o Waitangi/the Treaty of Waitangi says, its spirit and intent, and what it means today.  With so much information out there, it is often hard to get to the bottom of it all and find the basics.

The Employment Court has recently looked at an employment dispute where an employee sought non-publication (name suppression) orders after the company breached a Settlement Agreement.  The Employment Relations Authority initially declined to grant non-publication of MW’s name, however, this was overturned by the Employment Court in a landmark decision MW v Spiga Ltd [2024] NZEmpC 147.

This article provides a general overview of the decision, including some important observations regarding the relevance of tikanga and its role in the decision-making process.

There are many reasons you could be looking to sell your business in 2024.  Maybe you want to free up some capital to pursue other ventures.  Maybe you are retiring.  Maybe the last few years have simply made you realise you want to do other things.

Whatever your reason, getting your business ready for sale is an important step to ensure you maximise the purchase price you may receive, and enable a smooth transition to the new owner with minimal stress to your employees – and yourself.

Properties with shared driveways are extremely common in New Zealand’s real estate market.  While some buyers look at them and appreciate the added privacy and control, others see the potential for issues to brew with their neighbours.  No matter which category you fit into, you may have questions about how exactly things will work after you purchase your new property.

Employers must take all allegations of workplace bullying seriously, and they need to be investigated promptly and thoroughly.  However, it is important that employers know what constitutes “workplace bullying” and what does not.

In the first of a series on workplace bullying, Chantelle Holland looks into the definition of “workplace bullying”, to differentiate what it is and isn’t.

There have been recent changes to trade mark guidelines in New Zealand to cover trade marks featuring “Māori elements”, including Māori concepts, signs or imagery.  Which is a significant step forward for both businesses and Tangata Māori in Aotearoa.  These changes, introduced by the Ministry of Business, Innovation and Employment and the Intellectual Property Office of New Zealand, emphasise the importance of respecting Māori culture in the commercial space.  

With the ever-increasing utilisation of Māori elements in branding and intellectual property, businesses must navigate these guidelines carefully to ensure compliance and cultural sensitivity.

Cabinet has recently approved the next steps for the proposed Treaty Principles Bill (the Proposed Bill) including agreement to continue to progress the Bill.  The Proposed Bill has already caused significant mamae for Māori and, if enacted, will fracture Māori-Crown relations further.  

The Waitangi Tribunal has released a Report on the Proposed Bill, ultimately recommending that it should be abandoned. 

The Government is taking further steps to modernise the (somewhat archaic) Companies Act 1993 (the Act), with Hon Andrew Bayly, Minister of Commerce and Consumer Affairs, recently announcing the Government's backing for a comprehensive reform package.

During our lifetime, we are almost certain to experience the death of a loved one.  It can be an overwhelming and challenging time, even more so if you are tasked with sorting their personal affairs.  Understanding what to expect when a loved one dies can help ease the stress you may feel and allow you to take the time to grieve.  

A key objective of the Trusts Act 2019 was to provide further transparency for beneficiaries of trusts.  The Act in fact records that trust information may be withheld from all beneficiaries only in “exceptional circumstances”.

Court-related disputes can be challenging, but the Māori Land Court offers alternatives to traditional litigation. Alternative Dispute Resolution methods, such as mediation, can be less adversarial and more focused on resolution, providing an opportunity to incorporate tikanga and promote mana enhancing solutions for participants.  This article introduces the Māori Land Court mediation service and provides key tips to navigating this process.

Wills and enduring powers of attorney are often discussed and prepared at the same time with your lawyer as a prudent part of a person’s estate planning.  However, the documents have distinct purposes, and the roles of executors and attorneys are often confused.  Understanding how these different documents operate is essential for ensuring that your affairs are managed well, and your wishes are honoured, in life and in death.  

An ahu whenua trust is a way to bring owners of Māori Land or General land owned by Māori together to make decisions and take positive steps toward developing, utilising or preserving their whenua.  However, managing a trust can be complex and time-consuming and trustees have legal obligations they must comply with.  Check out our tops tips for the smooth running of your trust.

The Central Government has released a discussion document proposing reforms to streamline the construction of granny flats, aiming to boost affordable housing and provide new options for homeowners.  Additionally, the reforms are intended to support the development of papakāinga.  Public feedback on the proposed changes to the Building Act and Resource Management Act is invited, with submissions due by 12 August 2024.