Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

Published
Published by Amy Bird
Emma Toseland
Land and Property Development - Legislative changes on the way

The introduction of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill will change the way that New Zealanders develop land, making it easier and faster to create higher-density housing. Our first article in this series provides an overview of these changes and explores how they may impact the development landscape.

Published
Published by Kaylee Bird
Hospice and the End of Life Choice Act 2019

The End of Life Choice Act 2019 has been the subject of significant debate. With 65.1% of New Zealander’s voting in support of the Act in the 2020 referendum, it came into force on 6 November 2021. Healthcare providers have many questions around the extent of their rights and obligations – in particular, their ability to refuse to provide end of life services. The issue was taken to the High Court in a recent case. 

Published
Published by Andrew Hong
Name Your Discount - What is a “Fair Abatement” of Rent?

On 28 August 2021, the COVID-19 Response (Management Measures) Legislation Bill (“the Bill”) was passed, and the Bill will be rubber stamped into the law shortly. Somewhat surprisingly, the Bill introduces a new “rent reduction in an emergency” clause which will function as the default “rent reduction” clause for leases that do not already have one. This article discusses what the Bill means for landlords and tenants in the commercial space.

Published
Published by Ewen Macpherson
Relationship Property v Entitlement Under a Will

When a spouse dies, it can be a challenging time for the one left behind. After the grieving, organising the funeral and saying goodbye, a surviving spouse or partner will normally turn to the will. Few people know the surviving spouse has a choice between taking their entitlement under the will or applying to the court for a division of the relationship property.

Published
Published by Renika Siciliano
Tikanga and Good Faith in the Workplace

Our people and our workplaces will grow and prosper when our systems reflect those within it. While our legislation doesn’t expressly reflect our Māori workplaces or those who embody tikanga and/or Māori values, it doesn’t mean your employment space has to be void of tikanga.  In this article we share some tips to ensure that tikanga is present in your organisation’s employment rules, just as much as it is in the everyday mahi. 

Published
Published by Zane Mora
“Put Up or Shut Up” – A Valuable Trustee Tool

Being a trustee is an onerous duty, particularly when someone is alleging they have a claim against you personally as a trustee or that they have a claim against the property of the trust/estate you are administering.  Section 135 of the Trusts Act 2019, formerly section 75 of the Trustee Act 1956, provides an effective, but not often utilised, solution – it enables you to require the person making the allegation to “put up or shut up”.

Published
Published by Ewen Macpherson
How to Manage Your Role as an Executor and Beneficiary in a Civil Dispute

If you are appointed as an executor under a Will, a large amount of trust is placed in you. An executor has duties towards the beneficiaries, and beneficiaries have their own rights.  But what about when an executor is also a beneficiary under a Will? How do you balance those two roles?

Published
Published by Kylee Katipo
Carmen Mataira
Reducing Rating Barriers for Māori Landowners

This article looks at the recently-enacted Local Government (Rating of Whenua Māori) Amendment Act 2021, and what it means for owners and occupiers of Māori land.  We touch on the five key areas of the Act that take positive steps to support the development of Māori land, remove long standing obstacles for engagement and partnership between local authorities and Māori, and equitably modernise the rating system for Māori Land.  

Published
Published by Natalie Whitelock
Retirement Villages – What You Need to Know

Retirement villages have been in the spotlight recently, with Retirement Commissioner Jane Wrightson calling for an urgent review into the nearly 20-year-old retirement village legislation. In this article we look at some of the key things to be aware of when you are considering moving into a retirement village, and what our team look out for when reviewing a retirement village contact.

Published
Published by Chantelle Tyler
Relationship Property – What We Need to Certify Your Agreement

Lawyers have duties to their clients under the Property (Relationships) Act 1976 when it comes to certifying Relationship Property Agreements. These duties apply whether the client needs a Contracting Out Agreement (sometimes called a Pre-Nuptial Agreement) or a Separation Agreement. This article outlines what needs to be provided for the Agreement, and why it is vital your lawyer collect this information. 

Published
Published by Kuru Ketu
A Changing Landscape: New Direction for Resource Management

Many of the environmental issues we now face are consequences of legislation that strived for a better future, but in practice did more damage than good.  Over the coming months we'll be bringing you a series of articles which will look at the background and issues for resource management, and track the ever-developing changes.  Our first article looks at the motivation to change the resource management space, and where things are at in that process.

Published
Published by Andrew Hong
Inconvenient Covenants and How to Remove Them – A Cautionary Tale for Developers

Land covenants are commonly used in New Zealand to protect a party’s underlying interests in land. The Supreme Court has recently provided guidance for landowners and developers on how the Courts will treat potentially irrelevant covenants, and how they can be extinguished or modified by the Court.

Published
Published by Andrew Hong
Contracting Out Agreements: Protecting Your Assets in a Relationship or Marriage

Ensuring you and your significant other are on the same page when it comes to your shared and separate assets gives you both peace of mind. This article outlines how you can make your mutual understanding official with a Contracting Out Agreement. 

Published
Published by Chantelle Tyler
COVID-19 – Can employers require employees to get the jab?

The New Zealand Government’s rollout of the COVID-19 vaccination is in full swing.  This article explores how employers can manage the vaccination of employees.

Published
Published by Kylee Katipo
Kuru Ketu
Mana Wāhine Kaupapa Inquiry – Uplifting Wāhine Māori

International Women’s Day celebrates the social, economic, cultural and political achievements of women from across the globe. To recognise International Women’s Day 2021, we look to our own shores for inspiration to and discuss how wahine Māori, through the Mana Wāhine Waitangi Tribunal Inquiry, are reshaping and solidifying the narrative with respect to wāhine Māori, through both a historic and contemporary lens.