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
Suhaa Afzer
The Deed of Lease Seventh Edition 2024: A Beginner’s Guide

The Seventh Edition of the Law Association’s Deed of Lease template was released on the 24th of November 2024, and replaces the Sixth Edition which, subject to some minor adjustments, had been standard since 2012. The new edition may be considered an early Christmas gift to some, but is it really out with the old and in with the new? Here’s a summary of the key changes to help you navigate the Seventh Edition Deed of Lease.

Published
Published by Anna Humphries
What you need to know: Pre-settlement Inspections

Settlement day is fast approaching, and the agent has contacted you asking when you would like to complete your pre-settlement inspection. You may be thinking to yourself, is doing a pre-settlement inspection worth it? What sorts of things should I look out for? When should I complete this?

Read through this article to find out more.

Published
Published by Renika Siciliano
What you should know about Te Tiriti o Waitangi

As a foundational document for Aotearoa New Zealand, it is important to understand what te Tiriti o Waitangi/the Treaty of Waitangi says, its spirit and intent, and what it means today.  With so much information out there, it is often hard to get to the bottom of it all and find the basics.

Published
Published by Tazmyn Prendiville-Stowers
Can you keep your name out of it? Name Suppression in the Employment Context

The Employment Court has recently looked at an employment dispute where an employee sought non-publication (name suppression) orders after the company breached a Settlement Agreement.  The Employment Relations Authority initially declined to grant non-publication of MW’s name, however, this was overturned by the Employment Court in a landmark decision MW v Spiga Ltd [2024] NZEmpC 147.

This article provides a general overview of the decision, including some important observations regarding the relevance of tikanga and its role in the decision-making process.

Published
Published by Laura Monahan
Selling your Business: The Seven Things You Need to Do First

There are many reasons you could be looking to sell your business in 2024.  Maybe you want to free up some capital to pursue other ventures.  Maybe you are retiring.  Maybe the last few years have simply made you realise you want to do other things.

Whatever your reason, getting your business ready for sale is an important step to ensure you maximise the purchase price you may receive, and enable a smooth transition to the new owner with minimal stress to your employees – and yourself.

Published
Published by Amy Bird
Shared Driveways: How do they really work?

Properties with shared driveways are extremely common in New Zealand’s real estate market.  While some buyers look at them and appreciate the added privacy and control, others see the potential for issues to brew with their neighbours.  No matter which category you fit into, you may have questions about how exactly things will work after you purchase your new property.

Published
Published by Chantelle Holland
Workplace Bullying – What it is, and what it isn’t

Employers must take all allegations of workplace bullying seriously, and they need to be investigated promptly and thoroughly.  However, it is important that employers know what constitutes “workplace bullying” and what does not.

In the first of a series on workplace bullying, Chantelle Holland looks into the definition of “workplace bullying”, to differentiate what it is and isn’t.

Published
Published by Ezrom Waka
New Guidelines on Trade Marks Containing Māori Elements

There have been recent changes to trade mark guidelines in New Zealand to cover trade marks featuring “Māori elements”, including Māori concepts, signs or imagery.  Which is a significant step forward for both businesses and Tangata Māori in Aotearoa.  These changes, introduced by the Ministry of Business, Innovation and Employment and the Intellectual Property Office of New Zealand, emphasise the importance of respecting Māori culture in the commercial space.  

With the ever-increasing utilisation of Māori elements in branding and intellectual property, businesses must navigate these guidelines carefully to ensure compliance and cultural sensitivity.

Published
Published by Carmen Mataira
Hakaraia Richards-Coxhead
Proposed Treaty Principles Bill

Cabinet has recently approved the next steps for the proposed Treaty Principles Bill (the Proposed Bill) including agreement to continue to progress the Bill.  The Proposed Bill has already caused significant mamae for Māori and, if enacted, will fracture Māori-Crown relations further.  

The Waitangi Tribunal has released a Report on the Proposed Bill, ultimately recommending that it should be abandoned. 

Published
Published by Laura Monahan
Important Updates in the World of Business

The Government is taking further steps to modernise the (somewhat archaic) Companies Act 1993 (the Act), with Hon Andrew Bayly, Minister of Commerce and Consumer Affairs, recently announcing the Government's backing for a comprehensive reform package.

Published
Published by Renee Clark
A loved one has died, what next?

During our lifetime, we are almost certain to experience the death of a loved one.  It can be an overwhelming and challenging time, even more so if you are tasked with sorting their personal affairs.  Understanding what to expect when a loved one dies can help ease the stress you may feel and allow you to take the time to grieve.  

Published
Published by Daniel Shore
Beneficiary Rights

A key objective of the Trusts Act 2019 was to provide further transparency for beneficiaries of trusts.  The Act in fact records that trust information may be withheld from all beneficiaries only in “exceptional circumstances”.

Published
Published by Tazmyn Prendiville-Stowers
Navigating mediations in the Māori Land Court

Court-related disputes can be challenging, but the Māori Land Court offers alternatives to traditional litigation. Alternative Dispute Resolution methods, such as mediation, can be less adversarial and more focused on resolution, providing an opportunity to incorporate tikanga and promote mana enhancing solutions for participants.  This article introduces the Māori Land Court mediation service and provides key tips to navigating this process.

Published
Published by Renee Clark
Natalie Whitelock
The difference between wills and enduring powers of attorney

Wills and enduring powers of attorney are often discussed and prepared at the same time with your lawyer as a prudent part of a person’s estate planning.  However, the documents have distinct purposes, and the roles of executors and attorneys are often confused.  Understanding how these different documents operate is essential for ensuring that your affairs are managed well, and your wishes are honoured, in life and in death.  

Published
Published by Tiana Barker
Top Tips for managing your Ahu Whenua Trust

An ahu whenua trust is a way to bring owners of Māori Land or General land owned by Māori together to make decisions and take positive steps toward developing, utilising or preserving their whenua.  However, managing a trust can be complex and time-consuming and trustees have legal obligations they must comply with.  Check out our tops tips for the smooth running of your trust.