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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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.

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Part three: New financial reporting standards - charities

The new financial reporting standards are now in place (as at 1 April 2015) for registered charities. Part one of the 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 required to be included in the reports. This final part summarises the rules for related entities and provides guidance as to when consolidated accounts are required.

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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 left feeling like there is no remedy. The Disputes Tribunal is aimed at providing access to justice and assisting people in these situations.

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A practical approach to supervision under the Financial Markets Conduct Act 2013

The two year transition period prescribed by the Financial Markets Conduct Act 2013 (FMCA) is in full effect with the move away from the old Securities Act 1978 and other relevant legislation, commencing with the introduction of Phase 1 of the FMCA in April 2014. The Financial Markets Authority (FMA) has recently provided advice on the supervision and associated governance responsibilities that form a key part of the FMCA. This article discusses the practical approach that the FMA has recommended be adopted by those responsible for supervisory and governance functions under the FMCA.

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Fair Trading Amendment Act update: Section 26A – unfair contract terms

From 17 March 2015, the Court, on application by the Commerce Commission, is able to declare terms in some consumer contracts to be unfair. For a term to be found to be ‘unfair’, the Court must be satisfied that the term causes significant imbalance to a party’s rights or obligations, the term is not necessary and will cause detriment (whether financial or otherwise) to a party if it were applied, enforced or relied on. While the Court has the discretion to take into account any matters it thinks relevant, it must take into account the transparency of the term and the contract as a whole.

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Fair Trading Amendment Act

2014 saw a number of significant changes in New Zealand consumer law. In June, the majority of the provisions of the Fair Trading Amendment came into effect. This article summarises these newly introduced provisions.

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Part two: New financial reporting standards - charities

The 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. View part one in McCaw Lewis Publications (Articles - Commercial). This part outlines the non-financial information which is required to be included in the reports.

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What’s mine is yours, right?

Couples often enter into agreements to contract out of the Property (Relationships) Act to protect assets and separate property. Contracting out agreements are becoming increasingly common among couples who are entering into their second or subsequent relationship. However if not done correctly, couples can find themselves without an enforceable agreement on separation.

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Residential care subsidy applications and trust reversals

Engaging in asset planning often requires a focus on trust and estate law. Such focus means the social security implications of actions and decisions may not be considered, which can lead to unintended consequences. In some instances, where a home has been transferred to a Trust, the question is whether an applicant’s home should remain in the Trust, or be returned to the settlor prior to the application for a rest home subsidy.

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Landlocked Māori land

The Māori Land Court has the ability to order reasonable access to landlocked Māori land. This article examines the considerations the Court takes into account when determining whether to grant access, what the Court can actually do and how McCaw Lewis can help.