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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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?

Yes, contributions to property owned by another can give you an interest in that property but it will depend on why the contribution was made.

Creative workers and copyright holders were in for a shock recently, when the High Court in Alalaakkola v Palmer [2021] NZHC 2330 found that copyright created during a marriage is part of the divisible property pool, and effectively up for grabs.

The decision has the potential to impact on creative workers of all types, most obviously artists.  We break down the case, its potential effects on New Zealand copyright, and what it means for you.

The Law Reform (Testamentary Promises) Act 1949 allows you to claim against the estate of a deceased person if they promised to leave you something under their Will, but they don’t. The promise must be in exchange for services. The “promise” can be express, usually orally or in writing, or implied.  The value can be explicit in dollar terms, but if not, the Court needs to assess the amount that should be awarded.

In response to the need for more houses in New Zealand and as a result of newly introduced legislation which will allow for the faster creation of high-density housing, we are likely to see a greater number of people living in unit title developments. While this will undoubtably change the landscape we are used to living in, it also places a spotlight on how people buy into apartment blocks, get the right information, interact with their fellow unit title owners, make decisions, and live together.