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.

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Securities Act: Exemption Notices for charities and not-for-profit organisations

Are you a charity or not-for-profit organisation? Do you offer securities to the public? Due to the recent changes to Securities Act requirements for exemption notices you will need to ensure your charity or not-for-profit organisation is compliant.

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“What's mine is mine and what's yours is mine"

This article summarises the Court of Appeal decision Thompson v Thompson [2014] CA 117.

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Update on taxation of lease payments

This article provides an update on the taxation of lease payments in a proposed bill which, if enacted, will apply from 1 April 2015.

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Shareholders’ agreement: Do you need one?

The importance of a shareholders’ agreement is often overlooked in many companies due to their simple structure or the intimate relationship between the shareholders. This article discusses why shareholders’ agreements are important, and why relying on a company’s constitution for setting out the rules and procedures of a company can be dangerous.

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Wills and estates involving Māori land

Who can I leave my Māori land to in my Will? What happens to my Māori land if I do not have a Will? What must my executors and whānau do to succeed to my Māori land interests when I pass? Māori land is a taonga tuku iho, a treasure that is passed down through the generations. Rachel explains how the law deals with estates involving Māori land and the process for succeeding to Māori land.

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Ownership of a dwelling on multiply-owned Māori freehold land

There are potentially a number of ownership issues with dwellings built on multiply-owned Māori land. This article discusses a recent case which is a reminder to those who build on multiply-owned Māori freehold land that, once built, the dwelling, if affixed to the land, is considered to form part of the title to the land, belonging to all of the owners.

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Update on the Construction Contracts Amendment Bill

The Construction Contracts Amendment Bill was referred to the Commerce Committee on 11 June 2013, with public submissions closing on 25 July 2013. The Committee received 31 submissions from interested groups and individuals, and heard 22 of those submissions, releasing its report on the Bill late last year. This article summarises the key points made by the Committee in its report.

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The Disputes Tribunal process

This article discusses lodging or defending a claim in the Disputes Tribunal, including tips on what to consider when preparing evidence for a hearing and some comments on what to expect from the hearing itself.

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Caveats: What, when, how and why?

A caveat is lodged on a title for property and serves as notice that a person has an interest in that property. In which circumstances might you lodge a caveat? How do you go about it? What are the benefits? This article explains the key points.

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Where there is a will - is there always a way?

Much of the law governing wills is left to the Courts. Since the Wills Act 2007 came into force, there have been many High Court declarations that particular documents are valid wills, which documents previously would not have met the required standard of a final will and testament of a deceased. This article looks at two will cases and outlines why it is important to seek legal advice at the outset to ensure that, where there is a will, there is an inexpensive, simple way to give effect to your wishes.

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Published by Renika Siciliano
New workplace bullying guidelines

New guidelines on workplace bullying have been released by WorkSafe New Zealand. The guidelines, "Preventing and responding to workplace bullying", issued on 20 February 2014, outline best practice for employers and employees in dealing with workplace bullying. This article provides a brief update on managing workplace bullying in light of the new guidelines.

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Fencing: Who pays?

This article discusses the question of “who pays for the erection of fencing and repairs to dividing fences between adjacent properties”. This includes the effect of the Fencing Act 1978, fencing covenants and agreements.

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Body corporate governance: A warning to committee members

Every body corporate needs a chairperson, and most have a committee as well. A well-functioning committee has an important part to play in good governance. But committee members need to be aware of the risks of the role. This article discusses a recent case.

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When do lease negotiations become binding on the parties?

Often when parties enter into negotiations before signing a contract, the parties will intend that they are not bound until the contract is drawn up and signed. A recent decision of the High Court, Dunroamin Nurseries Ltd v Zealandia Horticulture Ltd holds that this can be negated if the circumstances indicate that the parties intended to be bound by negotiations entered into before a formal lease was signed. This article summarises and discusses this case.

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Plumbers, Gasfitters and Drainlayers Board: An organisation for its members or for public benefit?

Since charities have had to register under the Charities Act to obtain charitable tax status, there have been a number of cases which have dealt with professional organisations. At the heart of these cases is the issue of whether such professional organisations are for the benefit of their members or the benefit of the public. This article discusses the implications of a recent charities case.