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
You're getting married! The legal "to do" list

On 17 April 2013 the New Zealand Parliament passed the Marriage (Definition of Marriage) Amendment Bill giving same-sex couples the right to marry. The result of this is that all couples, regardless of gender, now have the right to marry to express their commitment to each other.

Published
Published by
Summary of Supreme Court water rights case

Early last year, the Māori Council filed an urgent claim with the Waitangi Tribunal seeking a recommendation that the Crown not proceed with the proposed partial sale of state-owned enterprises. After the hearing had been split into two parts, one urgent stage and one second stage full review of Māori interests in water, the Tribunal’s urgent response in August 2012 concluded that Māori have interests in water in the nature of ownership.

Published
Published by
Commercial leases: The new ADLS deed of lease

The Auckland District Law Society released its revised 6th edition 2012 deed of lease form in November 2012.

Published
Published by
Wai 45 Ngāti Kahu Remedies Report on the binding powers of the Waitangi Tribunal

On 4 February 2013 the Waitangi Tribunal released the Wai 45 Ngāti Kahu Remedies Report (“report”). The report is focused on an application to the Waitangi Tribunal by Ngāti Kahu for binding recommendations or remedies, to the Crown to redress prejudice that it has caused Ngāti Kahu. The Inquiry and report are significant for Māori claimants and other interested parties as it is one of a few instances where the Tribunal has fully considered its unique jurisdiction to make recommendations which are binding upon the Crown in the context of the current Treaty claim landscape.

Published
Published by Thomas Gibbons
Limited partnerships

Limited partnerships seem to be growing in popularity. The Limited Partnerships Act was passed in 2008, so the structure is no longer something new. There are now over 500 registered, and they seem to be increasingly used as a business vehicle. There are a number of advantages to limited partnerships (as well as disadvantages), and they can usefully be used in a range of situations. Read Thomas' article that appeared in NZLawyer on 18 January 2013.

Published
Published by
Update on the Building Amendment Bill (No 4)

The Building Act 2004 recently had an overhaul with the Building Amendment Act 2012 coming in to force in March. The next major changes to the Act are expected via the Building Amendment Bill (No 4), although it is unknown at this point when the Bill is likely to come in to force.

Published
Published by Daniel Shore
Franchise disputes: When things do not go to plan

Purchasing a franchise usually provides the comfort of an established brand and structured business system. It does however come at a cost, both to buy into the system and with on-going marketing levies and royalties.

Published
Published by
Disqualification order under the Charities Act

Are you an officer of a charity? Perhaps you are on the committee of the local swimming club, or a trustee of a charitable trust. If so, you need to be aware of the increased attention being paid to charitable officers.

Published
Published by
The water ownership debate

How to determine ownership of water has recently become a highly controversial and much debated topic. Indeed, the media has largely focused its reporting around the question: can water be ‘owned’, and if so, how should we determine who is entitled to it?

Published
Published by Thomas Gibbons
Body corporate management rights

This article looks at two recent cases that addressed the issues arising out of body corporate management contracts. Read Thomas' article that appeared in NZLawyer on 5 October 2012.

Published
Published by Laura Monahan
Expiry of real property exemption

The Financial Markets Authority has allowed the Securities Act (Real Property Proportionate Ownership Schemes) Exemption Notice 2002 (the Exemption Notice) to expire, with effect from 1 October 2012. This will have implications for property syndicates and their potential investors.

Published
Published by
Buying a property by mortgagee sale: What you need to know as a potential purchaser

Difficult economic times have led to an increase in the number of properties being sold by mortgagee sale.

Published
Published by
Water law: The fresh water debate - recognition of indigenous peoples' rights to water

September 2012

In recent weeks, the media has revelled in a very public debate about Māori rights to water. Do Māori have rights to water? If so, who should determine the rights and how? And perhaps most importantly for some, how will such rights affect non-Māori?

Published
Published by
Leasing Māori freehold land

There are many unique features of Māori freehold land. In particular, there are many legal intricacies of leasing Māori freehold land that are unknown even though a significant portion of Māori freehold land is leased.

Published
Published by Renika Siciliano
New discovery process in the High Court: High Court Amendment Rules (No 2) 2011

Discovery is a large part of litigation whereby one party lists, and makes available, relevant documents to the opposing side.