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 Ewen Macpherson
Fiduciary duties of parents to their adult children: Potential for change

A recent High Court case confirming that settlors of family trusts are free to dispose of property as they see fit and, as the law currently stands, do not owe fiduciary duties to their adult children who are not beneficiaries. However, recent comments by Associate Judge Johnston and the Law Commission signal the need for Parliamentary reform in this area.

Published
Published by Connie Bollen
Inquiry into health inequities for Māori

The Health sector has been subject to multiple reviews this year in Aotearoa – a Government Inquiry into Mental Health and Addiction, a Waitangi Tribunal Inquiry into Health Services and Outcomes, and now the Māori Affairs Committee are looking into health inequities for Māori.

Published
Published by Alice Anderson
Rethinking mental health in the workplace and the role of the employer
The Government recently announced its Wellbeing Budget for 2019 and confirmed the growing mental health crisis in New Zealand.  The importance of this issue and how we can support those affected is an ongoing conversation that has become very relevant in the workplace, and was recently considered in...
Published
Published by Amanda Hockley
Security over personal property and the importance of getting registration right
The High Court’s decision in Partners Finance and Lease Limited v Richmond [2019] NZHC 34 serves as a timely reminder to ensure that your registrations on the Personal Property Securities Register are accurate.  Companies and other entities that lease or provide goods and services to customers on co...
Published
Published by Kuru Ketu
Investing in whānau and whenua
Earlier this year, Minister Nanaia Mahuta announced the Government’s Whenua Māori Programme to address the complex and challenging regulatory environment that Māori freehold landowners deal with.  The Government has committed $56.1 million over four years to address this.

Minister Nanaia Mahuta say...
Published
Published by Laura Jeffries
Public Interest vs Private Interest – What is the core nature of your dispute?
A recent costs judgment in the High Court, Ngāti Te Ata v The Minister For Treaty of Waitangi Negotiations & Ors [2018] NZHC 915, undertook an analysis of Rule 14.7(e) of the High Court Rules 2016 which empowers the Court to refuse to make an order for costs if the proceeding concerned a matter of p...
Published
Published by Alice Anderson
Employment law pānui – Further changes to the Employment Relations Act 2000
Further to our earlier pānui in March, a raft of further changes to the Employment Relations Act 2000 (“the Act”) come into effect from 6 May 2019.  Our advice is to get on top of these changes early, assessing how they may affect the day-to-day operational running of your business or policies you h...
Published
Published by Alice Anderson
Employment law pānui
As of 1 April 2019 employers need to be aware of several changes to minimum employment standards.

Minimum wage

The minimum wage will increase to $17.70.  Employers can expect to see further rises in the minimum wage rates following the Government’s commitment to increasing the minimum wage to $20 ...
Published
Published by
Common applications under the Protection of Personal and Property Rights Act 1988
Do you have Enduring Powers of Attorney in place?  If you do not have Enduring Powers of Attorney in place, and you lose your mental capacity, someone would need to make an application under the Protection of Personal and Property Rights Act 1988 to the Family Court in order to make certain decision...
Published
Published by Thomas Gibbons
Housing Accords and Special Housing Areas Act update
The recent Enterprise Miramar Peninsula Incorporated v Wellington City Council [2018] NZCA 541 (“the Case”) provides important commentary on the interpretation of section 34 of the Housing Accords and Special Housing Areas Act 2013 (“the Act”) and on apparent bias in relation to local authority deci...
Published
Published by Kylee Katipo
Funding package for Māori development and infrastructure
Prime Minister Jacinda Ardern and Regional Economic Development Minister Shane Jones have announced that the Provincial Growth Fund (PGF) will invest up to $100 million to help unlock the economic potential of whenua Māori and build prosperity in the regions.

The announcement was made on 4 February...
Published
Published by Dale Thomas
No more letting fees
Under the Residential Tenancies Act 1986, letting fees covering the costs incurred by letting agents (usually property managers) have been able to be charged to tenants.  A letting fee is any charge relating to granting, continuing, extending, varying, renewing or assigning or sub-letting under the ...
Published
Published by
Testamentary promises
What is a “testamentary promise”?

A testamentary promise is a promise made by one person (“Person A”) to another (“Person B”) that Person B will receive compensation for providing services to Person A.  For example, Person B might mow Person A’s lawns every week on Person A’s promise that Person B ...
Published
Published by
Invalidity of Wills
Recent cases have outlined important considerations regarding the requirements necessary to prove a Will to be invalid.  There is some confusion around the grounds upon which a Will can be challenged, leading to unnecessary costs in questioning the validity of a Will.

There are several ways a Will ...
Published
Published by
How the Anti-Money Laundering and Countering of Financing of Terrorism Act 2009 law affects our clients
Why we need to ask you for information

New Zealand has passed a law called the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the AML/CFT law” for short). The purpose of the law reflects New Zealand’s commitment to the international initiative to counter the impact that crim...