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.

Since the announcement of the Government’s COVID-19 Wage and Leave Subsidies we have received a number of questions about how they are to be applied.  Advice on specific queries may be required but we address these general pātai in this article.

Business owners are understandably concerned as to the implications that COVID-19 will have on their business and employees, and how to navigate through the uncertainty.  In response, the government have issued the Wage and Leave Subsidies to support the economy and business community through difficult times. The first step is to understand the basics and determine which subsidy should apply for your case. 

With the current restrictions placed on New Zealand due to Covid-19, many people may now be considering the use of electronic signatures for legal documents.  In this article we summarise the law on the use of electronic signatures and discuss the differences between “digital signatures” and other forms of electronic signature.