The Residential Tenancies Amendment Act 2020 (RTA) came into force on 11 August 2020 and introduced staggered changes to New Zealand rental laws. The second more substantial set of changes took effect from 11 February 2021. The RTA reforms will substantially change how renting in New Zealand works, and it is crucial that landlords familiarise themselves with the new rules.  In our latest article we summarise of some of the most important changes. 

On 6 February 2021, changes to Te Ture Whenua Māori Act 1993 came into force.  This article provides a summary overview of the changes and what they mean for Māori landowners, trusts and incorporations.

Although it retains the same basic approach as the 1993 Act, the new Privacy Act 2020 introduces some new features and obligations of which all businesses and organisations dealing with personal information in New Zealand need to be aware.

The Trusts Act 2019 provides a long-awaited update to the current trust law in New Zealand and will replace the Trustee Act 1956 on 30 January 2021.  Earlier this year we provided a brief outline of the key changes in the new Act.  This article provides some more information on one of those changes – the new restriction on the indemnity that can be provided to trustees.

Is a will valid when instructions have been given, the will has been prepared, reviewed and approved, but not signed? Although an unsigned document can be a will, recently the Court of Appeal decided an unsigned will was not valid because the circumstances suggested the will-maker did not have capacity and was planning to take another step before signing the will.

The recent decision of Debut Homes Limited (in liquidation) v Cooper [2020] NZSC 100 is especially relevant for company directors given the present financial uncertainties caused by COVID-19. The case summarises director duties under the Companies Act 1993 for companies facing insolvency.

Recent developments in Taupō have shown how governance functions might be shared between the Crown and Māori governance entities under the provisions of the Resource Management Act 1991 (RMA). Section 33 of the RMA provides that a local authority may transfer one or more of its RMA functions to other public authorities, including iwi authorities, and it is under this section that the Waikato Regional Council and Ngāti Tūwharetoa are working together.

The Employment Relations Authority has released a pivotal decision in the first employment law case in the COVID-19 era.  In the recent decision, the Authority reminded employers that despite the Alert Level 4 lockdown and government restrictions, employment law continues to apply to all employment relationships, especially regarding employment agreements.  

Many iwi have concluded their Treaty of Waitangi settlements but a number are still in the process of doing so.  Establishment of a Post-Settlement Governance Entity (PSGE) is an integral step in the settlement journey and important for the future success of iwi claimant groups.

What do you do when a debtor company asks you for Business Debt Hibernation?  Business Debt Hibernation allows companies affected by COVID-19 to put in place a one month voluntary arrangement whereby creditors are paid a percentage of outstanding debt, with the balance delayed.  Under the new Schedule 13 of the Companies Act 1993, where debtors require further time, and if creditors agree, a further period of six months protection can be arranged.

The COVID-19 lockdown has caused significant issues when it comes to commercial leases. The Government has recently announced a proposal for small business commercial tenants and landlords who cannot reach an agreement on a fair reduction in rent to enter into a subsidised, compulsory arbitration process. So what exactly is an arbitration process?

As part of the Budget 2020 package, the government extended the Wage Subsidy to allow an extra 8 weeks of coverage per employee to provide continued support to those businesses who are still impacted after the Wage Subsidy ends.  In this article we look at what the subsidy will provide, the criteria for a claim and the employer obligations if the subsidy is granted. 

Buying and selling property has been challenging across the Covid-19 Alert Levels. The key steps in property transactions can be completed at Levels 3 and 2 where health precautions are followed, and the good news is that open homes and auctions will be back on the menu at Level 2. In this article we outline the key steps for successful property settlements. 

In most commercial contracts there are dispute resolution clauses which govern how parties are to try and resolve disputes.  A recent High Court case demonstrates the importance of following the dispute resolution process set out in contracts.

Many employees are currently working from home. The COVID-19 level 4 lockdown does not negate an employer’s health and safety obligations under the Health and Safety at Work Act 2015. This article covers initiatives employers can implement into their health and safety policy to show manaakitanga  and ensure the safety and wellbeing of employees.