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.

Published
Published by Kuru Ketu
Investing in whānau and whenua

Earlier this year, Minister Nanaia Mahuta announced the Government’s Whenua Māori Programme to address the complex and challenging regulatory environment that Māori freehold landowners deal with. The Government has committed $56.1 million over four years to address this.

Published
Published by
Public Interest vs Private Interest – What is the core nature of your dispute?

A recent costs judgment in the High Court undertook an analysis of Rule 14.7(e) of the High Court Rules 2016 which allows the Court to refuse to make an order for costs if the matter is not the public interest. Justice Whata held that this rule does not apply where a dispute is based primarily upon competing claims by two iwi to the same land.

Published
Published by
Employment law pānui – Further changes to the Employment Relations Act 2000

Further to our earlier pānui in March, a raft of further changes to the Employment Relations Act 2000 come into effect from 6 May 2019.

Published
Published by Hayley Roberts
Common applications under the Protection of Personal and Property Rights Act 1988

If you do not have Enduring Powers of Attorney in place and you lose your mental capacity, someone would need to make an application under the Protection of Personal and Property Rights Act 1988 to the Family Court in order to make certain decisions for you. This article outlines three of the most common applications that are required when a person loses their capacity without Enduring Powers of Attorney in place.

Published
Published by
Employment law pānui

As of 1 April 2019 employers need to be aware of several changes to minimum employment standards.

Published
Published by Thomas Gibbons
Housing Accords and Special Housing Areas Act update

The recent Enterprise Miramar Peninsula Incorporated v Wellington City Council [2018] NZCA 541 provides important commentary on how Councils should approach Qualifying Development Resource Consent applications – that is, on how section 34 of the Housing Accords and Special Housing Areas Act 2013 should be interpreted - and on bias in local authority decisions.

Published
Published by Kylee Katipo
Funding package for Māori development and infrastructure

Prime Minister Jacinda Ardern has announced the allocation of $100 million from the Government’s Provincial Growth Fund to support Māori economic development. The allocation is intended to help build prosperity for Māori and to help unlock the economic potential of Māori in the regions.

Published
Published by Dale Thomas
No more letting fees

This article discusses the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 where the charging of letting fees to tenants is now deemed an "unlawful act", and landlords now have to meet these costs.

Published
Published by Hayley Roberts
Testamentary promises

A Testamentary Promise is a promise made by one person (“Person A”) to another (“Person B”) in that Person B will receive compensation for providing services to Person A. There are four requirements to prove a Testamentary Promise exists and the Court will consider a number of factors.

Published
Published by Kaylee Bird
Invalidity of Wills

Recent cases have outlined important considerations regarding the requirements necessary to prove a Will to be invalid. There is some confusion around the grounds upon which a Will can be challenged, leading to unnecessary costs in questioning the validity of a Will.

Published
Published by
How the Anti-Money Laundering and Countering of Financing of Terrorism Act 2009 law affects our clients

New Zealand has passed a law called the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. The purpose of the law reflects New Zealand’s commitment to the international initiative to counter the impact that criminal activity has on people and economies within the global community.

Published
Published by Kaylee Bird
Greenpeace: Charitable status decision

This article discusses the recent decision by the Independent Charities Registration Board that Greenpeace does not qualify for charitable status provides further guidance for charities regarding political purposes, ancillary purposes, and illegal purposes.

Published
Published by Natalie Whitelock
Will Kits: DIY gone wrong?

Online wills or do it yourself will kits seem to be a popular new trend. This article discusses the recent case of Mills v Laboyrie [2018] NZHC 1368 where the question before the High Court was whether or not a partially completed will from a will kit satisfied section 14 of the Wills Act 2007.

Published
Published by Thomas Gibbons
Cross leases and Re McKay

Thomas' LawTalk article.

Published
Published by Amanda Hockley
Farm failure and family fallout leads to Supreme Court ruling on prejudiced shareholders provision

Baker v Hodder [2018] NZSC 78 deals with important company law issues, and at the highest level. In a sadly familiar set of facts, this case concerned a farming business run on land owned by a family company which was unsuccessful and ultimately became insolvent, forcing the sale of the farm. It is worth noting as it is the first decision by the Supreme Court on the ‘prejudiced shareholders provision’, contained in section 174 of the Companies Act.