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 Kuru Ketu
Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill: Court Jurisdiction and Powersage

Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill  introduces key changes to provisions in the Te Ture Whenua Māori Act 1993 that enhance or extend the jurisdiction and powers of the Māori Land Court. This week we examine the proposed amendments to the proposed new jurisdiction and powers which are aimed at creating efficiencies for the Court and the public.

Published
Published by Tim Fahey
Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill: Property Amendments

Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill introduces key changes to provisions in the Te Ture Whenua Māori Act 1993 on how the Māori Land Court deals with property rights. This week we examine the proposed amendments to these rights which are aimed at making the Māori Land Court more “user friendly”.

Published
Published by Kylee Katipo
Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill: Trusts and Incorporations

The Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill proposes a number of amendments to Māori trusts and incorporations designed to simplify the Māori Land Court process for uncontested matters. This week we examine the substance of those amendments and the practical effects of the proposed amendments.

Published
Published by Aidan Warren
Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill: Māori Land Court and Dispute Resolution

Whatungarongaro te tangata toitū te whenua

The Government has recently introduced Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill.  The Bill introduces a number of practical and technical amendments to Te Ture Whenua Māori Act 1993 designed to enable Māori land to work better for whānau.  The purpose of the Bill is to ensure the intergenerational wellbeing of Māori landowners and to provide for the utilisation of their whenua. 

Published
Published by Laura Jeffries
Licence to occupy – all you need to know

A licence to occupy provides an option for beneficial owners of Māori freehold land and their whānau to utilise their whenua as a site for housing. In this article we discuss what a license to occupy is, the rights of the license holder and the underlying owners and how to apply for a license to occupy Māori freehold land.

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
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. A holistic approach underpinned by manaakitanga (caring for others) that focuses on proactive prevention and fair responses will go a long way to improve workplace wellness.

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 consignment or deferred payment arrangements, in particular, should take note.

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.

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 undertook an analysis of Rule 14.7(e) of the High Court Rules 2016 which allows the Court to refuse to make an order for costs if the matter is not the public interest. Justice Whata held that this rule does not apply where a dispute is based primarily upon competing claims by two iwi to the same land.

Published
Published by
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 come into effect from 6 May 2019.

Published
Published by Hayley Roberts
Common applications under the Protection of Personal and Property Rights Act 1988

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 decisions for you. This article outlines three of the most common applications that are required when a person loses their capacity without Enduring Powers of Attorney in place.

Published
Published by
Employment law pānui

As of 1 April 2019 employers need to be aware of several changes to minimum employment standards.

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 provides important commentary on how Councils should approach Qualifying Development Resource Consent applications – that is, on how section 34 of the Housing Accords and Special Housing Areas Act 2013 should be interpreted - and on bias in local authority decisions.