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 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.

Published
Published by Ewen Macpherson
Trusts Act 2019: Trustee Default Duties and Shields

With the new Trusts Act 2019 now in force, the spotlight is on trustee accountability.  When setting up or becoming involved in a trust, trustee liability and protection of trustees are important considerations.  Should trustees be exposed for decisions made by a trust owned entity, or should they be shielded?  The Trusts Act 2019 imposes default duties on trustees.  This article outlines the new default duties and looks at a case study of an attack on trustees and their successful defence behind a shield contained in the trust deed.

Published
Published by Dale Thomas
Residential Tenancies Amendment Act 2020

The Residential Tenancies Amendment Act 2020 (RTA) came into force on 11 August 2020 and introduced staggered changes to New Zealand rental laws. The second more substantial set of changes took effect from 11 February 2021. The RTA reforms will substantially change how renting in New Zealand works, and it is crucial that landlords familiarise themselves with the new rules.  In our latest article we summarise of some of the most important changes. 

Published
Published by Kylee Katipo
Huia Harding
Nau mai Te Ara Hou - Māori Land Reforms Now in Effect

On 6 February 2021, changes to Te Ture Whenua Māori Act 1993 came into force.  This article provides a summary overview of the changes and what they mean for Māori landowners, trusts and incorporations.

Published
Published by Jessica Middleton
Privacy Act 2020

Although it retains the same basic approach as the 1993 Act, the new Privacy Act 2020 introduces some new features and obligations of which all businesses and organisations dealing with personal information in New Zealand need to be aware.

Published
Published by
Trusts Act 2019: Indemnities

The Trusts Act 2019 provides a long-awaited update to the current trust law in New Zealand and will replace the Trustee Act 1956 on 30 January 2021.  Earlier this year we provided a brief outline of the key changes in the new Act.  This article provides some more information on one of those changes – the new restriction on the indemnity that can be provided to trustees.

Published
Published by Ewen Macpherson
Last Chance to Change My Will

Is a will valid when instructions have been given, the will has been prepared, reviewed and approved, but not signed? Although an unsigned document can be a will, recently the Court of Appeal decided an unsigned will was not valid because the circumstances suggested the will-maker did not have capacity and was planning to take another step before signing the will.

Published
Published by Daniel Shore
Director Duties When a Company is Faced with Insolvency

The recent decision of Debut Homes Limited (in liquidation) v Cooper [2020] NZSC 100 is especially relevant for company directors given the present financial uncertainties caused by COVID-19. The case summarises director duties under the Companies Act 1993 for companies facing insolvency.

Published
Published by
Resource Management: Partnership with Iwi Governance

Recent developments in Taupō have shown how governance functions might be shared between the Crown and Māori governance entities under the provisions of the Resource Management Act 1991 (RMA). Section 33 of the RMA provides that a local authority may transfer one or more of its RMA functions to other public authorities, including iwi authorities, and it is under this section that the Waikato Regional Council and Ngāti Tūwharetoa are working together.

Published
Published by Renika Siciliano
Jerome Burgess
COVID-19 – First Employment Law Case in the COVID-19 Era

The Employment Relations Authority has released a pivotal decision in the first employment law case in the COVID-19 era.  In the recent decision, the Authority reminded employers that despite the Alert Level 4 lockdown and government restrictions, employment law continues to apply to all employment relationships, especially regarding employment agreements.  

Published
Published by Katia Holland
Post-Settlement Governance Entity

Many iwi have concluded their Treaty of Waitangi settlements but a number are still in the process of doing so.  Establishment of a Post-Settlement Governance Entity (PSGE) is an integral step in the settlement journey and important for the future success of iwi claimant groups.

Published
Published by Ewen Macpherson
Business Debt Hibernation – Survival Following COVID-19

What do you do when a debtor company asks you for Business Debt Hibernation?  Business Debt Hibernation allows companies affected by COVID-19 to put in place a one month voluntary arrangement whereby creditors are paid a percentage of outstanding debt, with the balance delayed.  Under the new Schedule 13 of the Companies Act 1993, where debtors require further time, and if creditors agree, a further period of six months protection can be arranged.