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 Thomas Gibbons
Cross leases and Re McKay
Cross leases and Re McKayLove and hateIt would be nice to be able to say that cross leases are loved and hated in equal measure, but that simply isn’t true. The hate very much outweighs the love. Cross leases have many detractors, but few supporters.

I am close to being a supporter, or at worst neu...
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. 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 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.

Published
Published by
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 Alice Anderson
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.

Published
Published by Kylee Katipo
Funding package for Māori development and infrastructure

Prime Minister Jacinda Ardern has announced the allocation of $100 million from the Government’s Provincial Growth Fund to support Māori economic development. The allocation is intended to help build prosperity for Māori and to help unlock the economic potential of Māori in the regions.

Published
Published by Dale Thomas
No more letting fees

This article discusses the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 where the charging of letting fees to tenants is now deemed an "unlawful act", and landlords now have to meet these costs.

Published
Published by
Testamentary promises

A Testamentary Promise is a promise made by one person (“Person A”) to another (“Person B”) in that Person B will receive compensation for providing services to Person A. There are four requirements to prove a Testamentary Promise exists and the Court will consider a number of factors.

Published
Published by Kaylee Bird
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.