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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Contract and negligence claims - How late is too late?
Every time a lawyer is approached by a client about a dispute that they need assistance with, one of the first questions that should be asked is whether or not there are any limitation periods that may apply.  A limitation period can be an absolute defence, which could either prevent a plaintiff fro...
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Is it time to wind up the family trust?
IntroductionDespite increasing enquiries from clients as to whether trusts still work, the short answer is “yes”, but what are the reasons to keep one?

You may have established your trust to protect assets against potential claims by creditors or to provide on-going financial support to a disadvant...
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Non-party discovery and the implications of the Vector Gas decision
General overview of discoveryDiscovery is a significant part of the litigation process in which the parties disclose relevant information to each other prior to the commencement of the trial.  Although parties are often unwilling to provide information that will be useful for the other side, their d...
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Published by Renika Siciliano
Māori business - Employment fundamentals
Building a successful business requires more than just effective marketing, you need to have something to market and that starts with the foundations.  Building a business is like building a whare – you need solid foundations, and a solid structure, or no amount of decoration will sell your house.

...
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Published by Renika Siciliano
Treaty settlements - How do I fit?
For any iwi/hapū group, the idea of representation is something that is often grappled with and rarely mastered.  In the context of Treaty settlement negotiations with the Crown, representation is a major issue.  As a result, the focus is often placed on this at a very early stage in the negotiation...
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Published by Ashlea Murphy
Unit titles - Would you join the "club"?
Owning a unit title property is similar to joining a club.  Considerations such as how well run the club is and what the club rules are will influence whether (or not) you might want to join the club.  In this article, Ashlea summarises a recent case that highlighted this message and the need to und...
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Family Protection Act 1955 and the concept of moral duty
IntroductionThe Family Protection Act 1955 (“the Act”) gives the Court a discretion to order that provision be made for the “proper maintenance and support” of certain family members out of the deceased’s estate.  The Act is embedded in the social landscape of the day, and the extent to which the de...
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Published by Jerome Burgess
Urgency applications in the Waitangi Tribunal: How urgent is urgent?
The Waitangi Tribunal (“the Tribunal”), established under the Treaty of Waitangi Act 1975, is a commission of inquiry charged with making recommendations on claims brought by Māori relating to actions or omissions of the Crown that potentially breach the promises made under the Treaty.

The Tribunal...
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Part three: New financial reporting standards - charities
BackgroundThe new financial reporting standards are now in place (as at 1 April 2015) for registered charities.  Part one of this series summarised the different tiers of the reporting standards, and how to move between tiers.  Part two of the series outlined the non-financial information which is r...
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Introduction to the Disputes Tribunal
An unfortunate fact of life is that people occasionally end up in dispute with one another.  Sometimes these can be big, and other times it can be over small amounts or issues.  When the latter happens, it is not always economical to engage a lawyer to help resolve the issues and often people are le...
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A practical approach to supervision under the Financial Markets Conduct Act 2013
IntroductionThe introduction of the Financial Markets Conduct Act 2013 (FMCA) was hailed as a ‘once in a generation rewrite’ with the aim of restoring confidence in New Zealand’s financial markets.  Phase 1 of the FMCA came into effect on 1 April 2014.  This was later followed by the introduction of...
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Fair Trading Amendment Act update: Section 26A – unfair contract terms
Almost one year after the introduction of the Fair Trading Amendment Act 2013, section 26A, which relates to unfair contract terms in standard form consumer contracts, came into force on 17 March 2015.

The purpose of the ten month delay between the introduction of the Act and the enactment of secti...
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Fair Trading Amendment Act
Enacted in 1986, the purpose of the Fair Trading Act is to encourage competition in trade, while protecting consumers from misleading and deceptive trade practices.  2014 saw a number of significant changes in New Zealand consumer law, specifically, the introduction of the Fair Trading Amendment Act...
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Part two: New financial reporting standards - charities
IntroductionThe new financial reporting standards are now in place (as at 1 April 2015) for registered charities.  Part one of this series summarised the different tiers of the reporting standards, and how to move between tiers.  This part outlines the non-financial information which is required to ...
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What’s mine is yours, right?
IntroductionThe Property (Relationships) Act 1976 (“the Act”) sets out the law governing the distribution of relationship property on separation.  The starting point in any relationship property dispute is equal sharing between the two parties.  However, a contracting out agreement may be entered in...