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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Employee share purchase schemes under the Financial Markets Conduct Act 2013

This article discusses the exemption for employee share purchase schemes under the Financial Markets Conduct Act 2013.

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Changing the resource legislation landscape - What is proposed and how has it been received?

A review of the Resource Legislation Amendment Bill and the submissions received through the public consultation process. This article contains a brief summary of the Bill itself as well as an overview of the main concerns raised to date.

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Amending your rules - Pitfalls for charities

This article outlines a common process to follow when amending your rules and provides some warnings about the possible pitfalls and how to avoid them.

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Preserving our history - Heritage New Zealand Pouhere Taonga Act 2014

In May 2014, an Act was introduced that governs the preservation of our cultural and heritage sites. This Act has changed the way heritage sites are recorded, managed and protected in New Zealand. It is important for property owners to be aware of the rules around modifying heritage sites and what to do if a new heritage site is discovered.

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Published by Renika Siciliano
Health and Safety at Work Act 2015

Renika outlines a general summary of the regime under the Health and Safety at Work Act 2015 which came into force on 4 April 2016.

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Dying without a Will

When a person dies without a Will, administration of the estate is more complicated than if the person had left one. Dying without a Will is called “dying intestate”. Due to the complex nature of dealing with an intestate estate, additional information is required throughout the process, which can cause significant delays in administering the estate. In many cases this will delay the distribution of the estate.

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Published by Jonathan Aquilina
Tidal Energy decision and the potential impact on New Zealand banking practices

Tidal Energy Limited v Bank of Scotland [2014] EWCA CIV 1107 is a recent decision of the English Court of Appeal which considered the role of banking practice when payments are executed through the CHAPS system. This article assesses the Court of Appeal’s decision, and provides a warning for lawyers and clients alike.

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Contract and negligence claims - How late is too late?

Can I make a claim? Can I stop someone else from making a claim against me? The answer could be to do with limitation. However, figuring out which limitation period applies to a particular matter is not necessarily straightforward. This article sheds some light on the limitation periods that apply to contract claims and negligence claims, including claims around defective building work.

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Is it time to wind up the family trust?

Despite increasing enquiries from clients as to whether trusts still work, the short answer is “yes”.  But what are the reasons to keep one?  Whatever the reason, it may no longer be relevant due to changes in the law, as well as your individual circumstances.

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Non-party discovery and the implications of the Vector Gas decision

This article considers non-party discovery in light of the Vector Gas decision.

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Published by Renika Siciliano
Māori business - Employment fundamentals

This article discusses four key pillars of building your business from an employment perspective.

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Published by Renika Siciliano
Treaty settlements - How do I fit?

This article discusses the different aspects of claimant definition in a Treaty settlement context, including what a Large Natural Grouping is, how hapū sit within this and the role of a Wai claimant.

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Unit titles - Would you join the "club"?

This article discusses a recent case which highlights some issues arising from unit title ownership.

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Family Protection Act 1955 and the concept of moral duty

The Family Protection Act 1955 provides the Court with discretion, upon application of an eligible person under the Act, to make an order for “adequate provision” for “proper maintenance and support” to those to whom the deceased owed a moral duty. Courts in more recent times have tended to take a more conservative approach. The central consideration is whether the provision made for the eligible person is adequate, and if not, what is the minimum to remedy the failure?

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Published by Jerome Burgess
Urgency applications in the Waitangi Tribunal: How urgent is urgent?

The Waitangi Tribunal has discretion to give priority to certain claims and in exceptional circumstances the Tribunal will adjust its priorities and reallocate its resources to determine applications for an urgent inquiry.