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
Is My Inheritance Relationship Property?

Following on from our article “Is My KiwiSaver Relationship Property” we continue our Relationship Property series by addressing the question “is my inheritance relationship property”.

To answer this question, we need to understand the term known as “intermingling”.  Understanding what intermingling is, and how it occurs, will help ensure your inheritance is applied as intended. 

Published
Published by Chantelle Holland
Sick Leave Entitlements – The Basics, “Sickies” and Medical Incapacity - Frequently Asked Questions

Employers need to be knowledgeable around sick leave entitlements and how to minimise the impacts of staff absences on the business.  This article covers employer’s obligations and answers some frequently asked questions from employers.

Published
Published by Zane Mora
Is My KiwiSaver Relationship Property?

Following a relationship breakdown, the term “relationship property” becomes all important.  But what exactly does relationship property include?  In a series of articles, we will be considering this question in respect of the most common items of property that people hold in their relationships, starting with KiwiSaver.

Published
Published by Daniel Shore
Where There is a Will in the Way – An Overview of Estate Claims and Challenging Wills

The loss of a family member or an acquaintance can be one of the most difficult situations to face.  A surprise as to how the deceased has left their affairs, can often compound the stress and emotions being experienced. 

While the law assumes that a validly executed Will reflects the testator’s (willmaker’s) intentions, there are a number of legal frameworks to protect both the testator and those left behind.

Published
Published by Kylee Katipo
Tiana Barker
Māori Land Court’s jurisdiction over PSGE Trusts to be decided on a case-by-case basis

The Court of Appeal has overturned a decision that the Māori Land Court has jurisdiction to hear claims against Post-Settlement Governance Entities (PSGEs). 

This significant decision impacts on future applications filed in the Māori Land Court relating to PSGEs.  The impact on future applications will need to be determined by the Judge hearing those applications on a case-by-case basis.  What will be relevant is the purpose for which a PSGE/Trust was established and the assets of the Trust at the time of establishment.

Published
Published by Andrew Hong
Reasonable Recklessness – A Guide to "Reasonable Care Conditions"

If you asked someone why they have insurance in the first place, the most common reaction is peace of mind.  However, a lack of caution can mean a breach of your insurance, with insurance companies commonly citing a “failure to take reasonable precautions” as a reason for the policy being breached, with cover being declined as a consequence.

Published
Published by Tazmyn Prendiville-Stowers
Employment Agreements – Ensuring they cover the basics

An employment agreement is a fundamental document providing protection and clarity for both, an employer and employee. It is crucial that these agreements encapsulate the Important basics of any relationship.

Published
Published by Chantelle Holland
As a business owner/employer, how can I navigate my duties to employees during a recession? 

While we are technically now in a recession, it’s good practice for employers to consider how their business may be impacted and what that means for them and their employees.

Published
Published by Cree Ratapu
Breach of Agreement Made at Employment Mediation

When it comes to entering into Records of Settlement with former employees, there is often some agreement around what is or is not to be said.  This might include whether written references are to be given or perhaps agreement not to provide any reference or comment at all.

Published
Published by Tazmyn Prendiville-Stowers
A Step Towards a New Resource Management System: Introducing the Natural and Built Environment Bill and Spatial Planning Bill

The Government has introduced the Natural and Built Environment Bill and the Spatial Planning Bill – which together make up two of the three components that will replace the RMA and ultimately act as our new resource management system.

Published
Published by Jessica Middleton
Subsidiary Structuring for PSGEs – Custodian Trustees

Once an iwi has completed its settlement process, the next stage is to consider what structure will best manage and utilise settlement assets. In the third of this series, Jessica Middleton looks at custodian trustees, which can be a simple, cost-effective solution to some of the technical issues faced by trustees of a post-settlement governance entity.

Published
Published by Jessica Middleton
Subsidiary Structuring for PSGEs – Charitable Trusts

Once an iwi has completed its settlement process, the next stage is to consider what structure will best utilise settlement assets for the benefit of iwi, both short- and long-term. In the second of this series, Jessica Middleton looks at charitable trusts, which can be set up to benefit iwi members directly.

Published
Published by Jessica Middleton
Subsidiary Structuring for PSGEs – Limited Partnerships

Once an iwi has completed its settlement process, the next stage is to consider what structure will best utilise settlement assets for the benefit of iwi, both short- and long-term. In the first of a series on structuring for PSGEs, Jessica Middleton looks at limited partnerships, a vehicle commonly used to establish and manage commercial activities.

Published
Published by Kaylee Bird
Charities Amendment Bill

The Charities Amendment Bill (the Bill) was introduced to Parliament on 21 September 2022.  The Bill is the result of a process to review and modernise the Charities Act 2005. The intention of the Bill is to increase transparency within the charities sector, improve access to justice services, and reduce the barriers faced by smaller charities. 

Published
Published by Zane Mora
My Relationship Has Ended. What Now?

A relationship breakdown can be an incredibly challenging time, emotionally, mentally, and financially.  While the care and welfare of any children and personal safety, are paramount, when it comes to relationship property where do you start?  What are the key considerations and practical matters you need to be aware of? How do you go about finalising your relationship property affairs?