Latest Articles |
| Local Government |
Auckland Reorganisation – Local Boards and Council-controlled organisations. read more |
| Local Government |
On 23 February 2010 the Copyright (Infringing File Sharing) Amendment Bill was introduced to Parliament repealing section 92A of the Copyright Act. read more |
| Local Government |
Discounts on fees for late consent processing. read more |
| Local Government |
Pecuniary interest case tests parameters. read more |
| Local Government |
The High Court confirms RMA convictions despite statutory "gap". read more |
| Local Government |
The third Auckland governance Bill is now before Parliament - the jigsaw fits into place. read more |
| Relationships |
"Wife dumped by note in letterbox awarded $10,000 a month" and
Supreme Court delivers definite ruling on circumstances in which trusts can be varied. |
| Local Government |
Supreme Court to consider Council's duty of care to the commercial owner of a luxury lodge damaged by fire due to a defective flue. read more |
| Local Government |
Super City survey examines the impact of the proposals on those working in and alongside local government. read more |
| Relationships |
Relationship Property Agreements - getting them and getting them right. read more |
| Employment |
Buying or Selling a Business - Consider the Employees;
Casual Employees - Serious Issues;
Changes to Rest Breaks and Meal Breaks Law, Again;
Health, Safety, Phones and Cars
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| Trusts & Estates |
This issue covers some of the key aspects of personal relationships on estate planning. read more |
| Property |
Lease assignments in liquidation situations; legitimate warning v illegitimate threat; body corporate consent to fix leaky units; rental return: who got it wrong and who pays? read more |
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Commercial |
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Trap for Directors Dealing in Shares
From public companies to the smallest SME, directors need to be aware of their duties in relation to dealing in shares in those companies. |
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Owning Your Name - The Importance of Trade Marks in
Business
The recent dispute between Kiwi fashionistas Trelise Cooper
and Tamsin Cooper demonstrates how seriously we should take our use of
names in business. |
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Pre-Emptive Rights
Tag along rights, carry along rights, Russian roulette clauses and piranha clauses
are all expressions that you might hear from time to time. In this article
we explain what they are and when you might use them. |
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Insider Trading in New Zealand
In New Zealand, insider trading is controlled and ideally dissuaded via our securities
regime. Recently this regime has undergone significant legislative reconstruction
with a view to improving investors’ perception of our markets as being
a fair and safe place to invest. |
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Amalgamations
Often in relation to mergers and acquisitions the term "amalgamation" surfaces.
To many readers that term will be meaningless and in this article we attempt
to explain what is meant by an amalgamation and when an amalgamation might be
used to complete an acquisition. |
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Archived articles
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Employment |
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| November 2009 |
Buying or Selling a Business - Consider the Employees
There are a few prudent and simple steps that each party can take to ensure that "employee issues" are dealt with efficiently and with certainty. |
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| November 2009 |
Casual Employees - Serious Issues
Many businesses employ casual employees to help in times of increased workloads or staff shortages, but what constitutes casual employment. |
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| November 2009 |
Changes to Rest Breaks and Meal Breaks Law, Again
On 27 October 2009 the Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill was introduced to repeal the prescriptive requirements for work breaks and removing the rules about the timing of breaks during a day. |
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| November 2009 |
Health, Safety, Phones and Cars
From 1 November 2009 it has become illegal to use a mobile phone while driving. It is advisable that employers should provide employees with practicable steps to ensure their safety. |
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| June 2009 |
Swine Flu – Health and Safety Obligations
In New Zealand, several new cases of Swine Flu have been identified in the last week. What actions then, should employers take and what risks and obligations should they be aware of? |
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| June 2009 |
Justification Test Reviewed by Full Court
The test of justification is often a cloudy area in personal grievances. Last week, the Full Bench of the Employment Court delivered an important decision about this test, which "lies at the heart of the large majority of personal grievances". |
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| June 2009 |
Holidays Act Review
A working group has been appointed to review the Holidays Act with a view to simplifying it where possible, and hopefully reducing compliance costs for employers. |
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| June 2009 |
Minimum Redundancy Entitlements Bill
Labour MP Darien Fenton has introduced a private member's bill, which provides for minimum notice and compensation for redundancy. |
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| June 2009 |
Parental Leave Pay Increased
Weekly parental leave payment rates increase from the beginning of July 2009. |
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| June 2009 |
Auckland's Super City – What will happen to Council staff?
With the Transition Agency now established, changes to employment for staff at existing Auckland local authorities may be an immediate reality. |
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| March 2009 |
Nine-day Fortnight - Job Support Scheme Announced
What is the 9-day fortnight scheme and how could it affect your business? Are you an eligible employer or employee? Our latest Employment Law e-alert provides a snapshot of the scheme and how it will work. |
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| February 2009 |
90 Day Trial Periods - How will this affect your business?
The Government has delivered on its pre-election promise to allow employers of small and medium sized businesses to take on new employees for trial periods. The new law amends the Employment Relations Act 2000 and will come into force on 1 March 2009. Are you an eligible employer? |
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| February 2009 |
Employment Law Snapshot
What's coming up in the next month or so in employment law? The Employment Relations Amendment Act 2008 comes into force on 1 March. In April there's minimum wage increases, changes to KiwiSaver; statutory requirements for work breaks, infant feeding and other matters. |
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| February 2009 |
KiwiSaver, Flip Flops and Total Remuneration
In December 2008 the National-led Government passed the Employment Relations Amendment Act 2008 which effectively reversed employee's short-lived ability to bring a personal grievance for "discrimination" on the grounds of KiwiSaver membership. It's now possible for employers to negotiate "total remuneration" arrangements with employees. |
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| February 2009 |
Recruiting after Restructuring?
There is a good chance that staff who have been made redundant will be scanning the "vacancies" columns in newspapers in the weeks (even months) following their redundancy. A recent determination from the Employment Authority serves as a reminder to employers to take care when advertising roles that have previously been made redundant. |
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| December 2008 |
Post Election Snapshot for Employers
We now have a National-led Government, with
support on confidence and supply from ACT, the
Maori Party and United Future. National's stated aims
are to expand job opportunities, let business grow and
treat all parties fairly. So what changes can we expect in
employment law? |
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| December 2008 |
National's Transitional Relief Package - an overview
The new National-led government has responded to the increase in redundancies it expects will flow from
the current economic downturn by offering a
"Transitional Relief Package". This package will
essentially provide financial assistance for employees
made redundant provided they have been working in
the same job for at least 6 months. |
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| December 2008 |
Proactive Action Protects Employer
It is an employer's worst nightmare to receive allegations that one of their most dependable employees is actually not working in the best interests of the business at all. In a recent case involving a senior and longstanding employee, alleged backhanders and large amounts of money, Brookfields successfully applied for and obtained a Mareva Injunction in the Employment Relations Authority freezing a number of the employee's assets to protect the employer's position. |
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| September 2008 |
Total Rem" and KiwiSaver – Gone by Lunchtime
New law, which effectively bans the "total remuneration"* approach to KiwiSaver, was rushed through Parliament under urgency recently. |
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| September 2008 |
Restructuring? Don't Start Without An EPP!
A recent Authority determination highlights the need for employers to ensure that employment agreements contain an employment protection provision ("EPP") before undertaking any restructuring. |
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| September 2008 |
Facing a Personal Grievance? A Snapshot of Remedies
The Auckland Employment Relations Authority has collated and published statistics for personal grievance determinations over the period 1 January 2008 to 28 May 2008. These show the range of remedies afforded to claimants. |
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| June 2008 |
Competing with employers
Two Tauranga employees have been ordered to pay $232,500 for being secretly involved in a business that was in direct competition with their employer. |
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| June 2008 |
Redundancy and tax credits
People who are paid redundancy compensation are now entitled to claim a tax credit of six cents in the dollar, up to a maximum of $3,600. |
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| June 2008 |
Forthcoming developments in the law:
- Breastfeeding in the Workplace
- Parental Leave Rates Increase
- Transfer of Public Holidays for Shift Workers
- Redundancy Law Review
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| January 2008 |
Nervous About Recruitment? Are Trial or Fixed Term Agreements The Answer?
In the current economic climate, employers may be tempted to employ new starts on a probationary or limited duration basis. The Employment Relations Authority has recently made it clear to employers that they cannot offer employment on a trial or fixed term basis to assess the suitability of the employee to the position. |
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| January 2008 |
New Rights for Carers - Flexi Work
The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 comes into force on 1 July 2008. The Act amends the Employment Relations Act to provide certain employees who care for others the statutory right to request flexible working arrangements. |
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| January 2008 |
KiwiSaver – Clarity About Employer Contributions And Employee Remuneration
The legislation giving effect to the changes to KiwiSaver that were announced in Michael Cullen’s 2007 Budget have finally been passed. Many employers have already taken steps to try to ensure that their contributions are paid as part of (not in addition to) their employees’ remuneration packages – these steps may now need to be reconsidered. |
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| September 2007 |
Conflicts of Interest – Can you avoid a "Setchell" situation?
In today's workplaces, where political correctness may seem to be of the utmost importance, there are exceptions to the general rule that employers must not discriminate when recruiting staff. |
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| September 2007 |
Flexible Work Hours – Will it be Compulsory?
The Transport and Industrial Relations Select Committee has now reported back to Parliament on the Employment Relations (Flexible Working Hours) Amendment Bill. |
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| September 2007 |
A Move Towards Equality for Youth Workers…
Currently employees under the age of 18 are paid 80% of the adult minimum wage. Proposed new legislation aims to change that to more. |
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| July 2007 |
Dismissing Employees - Not All Doom & Gloom
"procedural infelicities" are only a factor when considering
whether an employee has been unjustifiably disadvantaged or dismissed. |
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| July 2007 |
Employer's
Preferred Provider: To Choose Or Not To Choose…
Employers
should consider whether there are any legal risks in choosing a preferred
KiwiSaver provider for their employees. |
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| July 2007 |
Employing Overseas Workers
There are several different ways for people from outside New Zealand
to legally work in this country. |
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| May 2007 |
KiwiSaver is Here
Changes to the proposed KiwiSaver Scheme have been announced with the aim of making KiwiSaver more attractive to New Zealand employees. |
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| April 2007 |
'Free Riding' - Clarity at Last
The Employment Court recently released its long awaited decision, clarifying
the extent to which employers are prohibited from passing on terms and conditions
of a collective agreement to employees who are not covered by it. The Court
has provided some clear guidelines for employers. |
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| April 2007 |
Milk, One Sugar and a Restraint
Please
Employers invest time and money training new staff. Understandably, most employers
do not like to see that investment used against them. Restraints of trade in
employment agreements can be an effective temporary tool in creating protection
from such situations. |
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| April 2007 |
Employing Overseas Workers in
New Zealand
New Zealand businesses today rely more and more on the employment of skilled
overseas workers to fill the labour shortage gap. However, if an employer is
wanting to offer employment to a foreign worker, there are a few things employers
should check first. |
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| February 2007 |
Communication with employees during
bargaining
In a landmark decision last week, the Court of Appeal clarified the extent to
which employers are able to communicate with employees prior to and during bargaining.
Although the Court of Appeal dismissed the Council's appeal, the Court of Appeal
noted that the Council’s future conduct would not be “quite as constrained” as
it would have been under the Employment Court’s. |
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| February 2007 |
Change is Coming – Are You
Ready?
On 1 April 2007 employees' paid annual holiday entitlements increase from a 3
week minimum to a 4 week minimum. Employers need to be prepared for the change
and to budget for its impact. |
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| December 2006 |
Merry Christmas – but not
too merry!
With the festive season well underway, many employees will be attending social
functions involving the consumption of alcohol. Employers need to be aware of
the various risks associated with over-imbibing and the workplace. |
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| December 2006 |
Five weeks' holiday – expectation
or entitlement?
On 1 April 2007 the statutory minimum for annual leave increases from three weeks
to four weeks per annum. But what about current employment agreements that provide
for four weeks' annual leave? Come 1 April 2007, will that entitlement increase
to five weeks? |
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| December 2006 |
KiwiSaver regulations in force
The KiwiSaver Regulations 2006 came into force on 1 December 2006. So what now
for employers? |
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| December 2006 |
Defeat of the 90-day Probation
Period Bill
While the 90-day probation period bill may have been defeated, we recommend that
employers still include trial periods in employment agreements – but with
some caution. |
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| November 2006 |
The KiwiSaver Act 2006
The KiwiSaver Act was passed into law in September. Although it is a voluntary
work-based savings plan for employees, employers will have compulsory obligations.
We outline the Act and its potential impact on employers. |
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| November 2006 |
Changes to leave across the Tasman
A recent change to Australia's employment law means employers face paying overtime,
shift allowances and penalty rates to employees for time taken as sick leave. |
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| November 2006 |
Select Committee says "no" to
90-day Bill
A select committee report on the highly publicised '90-day bill' (the Employment
Relations (Probationary Employment) Amendment Bill) was presented on 27 October
2006 and the committee recommended by a majority vote that the bill not proceed. |
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| August 2006 |
Redundancy – Getting it Right
In the past six months the Employment Relations Authority and the Employment
Court have issued several decisions about redundancy. The prevalence of redundancy
cases serve as a timely reminder that a redundancy must be justified and carried
out in a procedurally fair manner. |
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| August 2006 |
The ‘90-Day Bill’ – What’s
The Fuss About?
The Employment Relations (Probationary Employment) Amendment Bill has created
intense political lobbying by pro-employer and union groups. Although the Bill
is yet to pass its second reading in Parliament, there are media reports of heated
exchanges between the two groups, full-page advertisements and rallying by union
groups in the last few weeks. So, what is all the fuss about? |
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| June 2006 |
Dismissing An Employee – When
Is It Justified?
In 2004 Parliament amended the Employment Relations Act 2000 and introduced an
objective test for determining whether a dismissal or other disciplinary action
is justified. A recent decision makes it clear that employers now, more than
ever, need to act cautiously and be seen to be acting fairly when it comes to
dismissing or taking disciplinary action against an employee. |
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| June 2006 |
Labour Law Reform In Australia:
A New Zealand Perspective
The general view is that Australian Work Choices legislation will lead Australian
workplace relations and labour market conditions closer to those of New Zealand.
However, recent reform of New Zealand's employment law framework reveals significant
differences between the two systems. |
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| June 2006 |
Employment Law Reform – Contracting
Out
Businesses that win contracts may soon have to employ the outgoing contractor's
employees on the same terms and conditions if those employees wish to transfer. |
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| June 2006 |
Brookfields Employment Law Team
Brookfields has an experienced and talented employment law team that can help
you with any of your employment law needs. |
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Environment &
Resource Management |
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| March 2009 |
Paper Road Stopping
The Environment Court reversed a decision made by the Tasman District Council to stop a public road pursuant to the Local Government Act 1974. |
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| December 2008 |
Coastal Subdivision Ruled Out
The recent decision of the Environment Court in Te Whakaruru Limited v Thames Coromandel District Council (W086/08) highlights emerging issues with coastal development and represents a significant watermark in the efforts of TCDC to control coastal development within its district. |
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| October 2008 |
National Environmental Standards for Telecommunications Facilities
The Resource Management (National Environmental Standards For Telecommunication Facilities) Regulations 2008 will come into force on 9 October 2008. They regulate the placement of telecommunications facilities on road reserves.
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| September 2008 |
Development Contribution “Top Ups” Unlawful
On 1 September 2008, the High Court quashed a decision by Auckland City Council requiring a “top up” for development contributions on a development where a financial contribution had previously been taken for the same purpose.
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| July 2007 |
Win for Developer
After a five year fight that went all the way to the Supreme Court, a
local developer will be compensated for the difference in cost between
constructing an arterial road and a local road. |
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| May 2007 |
A Whole Lot
of Wind
A recent decision by the Environment Court declining consents to a stage 2 expansion of an existing wind farm has again ignited political debate about the effectiveness of the RMA. |
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| June 2006 |
Noise and Liquor
Licensing
The hospitality industry has generally relied on the provisions of
district plans to determine appropriate sites for licensed premises and
to rebuff accusations of excessive noise. If the premise was complying
with the noise limits specified in the district plan, then an operator
might simply dismiss noise complaints as unsubstantiated". |
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Immigration |
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| August 2009 |
Business Migrant Update
A complete overhaul of the investor category has abolished existing investor categories, and introduced two new simple and streamlined categories to the Business Migrant Policy, namely Category 1 (Investor Plus) and Category 2 (Investor). |
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| June 2009 |
Immigration Advisers - Who Are They?
Now that the Immigration Advisers Licensing Act has come into force, applicants need to be sure they are dealing with either licensed advisers or those who are exempted from holding a licence. |
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| June 2009 |
Immigration Advisers Licensing Act - FAQs
Our immigration law experts provide answers to frequently asked questions. |
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| April 2009 |
Doors Opened for Aspiring Auditors, Architects and Paramedics
Immigration New Zealand has made some alterations to its policies in relation to certain occupations. What are the new requirements? |
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| March 2009 |
Amendment to the Immigration New Zealand
Operational Manual
The policies subject to the amendment include Recognised Seasonal Employers, study visas, working holiday schemes with a number of countries, and skilled migrant policy. |
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| December 2008 |
Changes in store for Immigration Policy
The new National-led government has signalled its intention to introduce changes to New Zealand's immigration policy. New policies proposed by National aim at attracting more skilled workers and investors, as well as retirees and expats. Concerns about the ongoing annual net-outflow of citizens to other countries, notably Australia, including many tertiary educated professionals, are the root cause of these policy changes. |
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| October 2007 |
Immigration Advisers
Major changes to the way immigration advice can be given in New Zealand have been introduced by the Immigration Advisers Licensing Act 2007. |
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| October 2007 |
Approval In Principal – What Does This Mean For Employees?
Immigration New Zealand has several policies for employing people from overseas to work temporarily in New Zealand and approval in principal is one of them. |
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| October 2007 |
Immigration - Big Earner For New Zealand
Immigration has boosted New Zealand coffers by an estimated$3.3 billion in the year to 30 June 2006, according to recently released research. |
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| July 2007 |
Employing
Overseas Workers
There are several different ways for people from outside New Zealand to legally
work in this country. |
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| April 2007 |
Employing
Overseas Workers in New Zealand
New Zealand businesses today rely more and more on the employment of skilled
overseas workers to fill the labour shortage gap. However, if an employer is
wanting to offer employment to a foreign worker, there are a few things employers
should check first. |
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Intellectual
Property & Technology |
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| March 2010 |
Copyright (Infringing File Sharing) Amendment Bill
On 23 February 2010 this Bill was introduced to Parliament repealing section 92A of the Copyright Act and intending to put in place a fair and balanced process to deal with online copyright infringement by unauthorised file sharing. |
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| August 2009 |
A Time for Action
A recent news story about a proposed settlement of a copyright infringement case involving Google in the United States has been creating concern with copyright holders around the world. Everyone relying on copyright in books or other print publications for their livelihood must take the time to consider the settlement carefully and take action by 4 September 2009 or risk loosing a great deal. |
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| July 2009 |
Database Protection - Not So Protected
Some misreporting of a recent Australian case has put the spot light on what has always been the limited protection afforded to database owners. |
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| July 2009 |
Trade Marks (International Treaties and Enforcement) Amendment Bill
The Bill, which has recently passed its first reading, seeks to bring New Zealand law into line with two international Treaties as well as giving two government departments more enforcement powers. |
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| November 2008 |
Copyright and ISP Access
If your business is reliant on internet access, you should be aware of a controversial new piece of legislation that could block that access from February 2009. |
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| July 2007 |
Unsolicited Electronic Messages - Are you Spamming your Clients?
The Unsolicited Electronic Messages Act will affect those of you who
use electronic means, such as email or SMS texts, to market to current
and potential customers. |
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| May 2006 |
Using Photographic
Images for Promotional Material
Using photographed images of New Zealand or people participating in
tourism activities can be an effective way for tourism agents and operators
to market their goods and services. |
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| May 2006 |
Imagery Rights
The Intellectual Property Office of New Zealand has ruled that if businesses
wish to design and register their own trademark they should make sure
that they are not attempting to prevent others from using words or
imagery which are well known in New Zealand. |
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| March 2006 |
Who Owns New Zealand's
Imagery?
The New Zealand tourism sector is probably the most likely industry group
to want to have a say in the use of ownership of imagery that is quintessentially
'New Zealand'. |
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| February 2006 |
Geographical Indicators:
Protecting Our Good Names
New Zealand's high quality primary produce and wine have brought the
spotlight on the areas in which they are produced on both the international
and domestic tourism stage. |
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| October 2003 |
Computer
Crimes
Up until this year, New Zealand did not have specific laws relating to computer
misuse. From 1 October 2003, provisions introduced by the Crimes Amendment Act
2003 should enable the police and Courts to deal with computer crime more effectively. |
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| June 2003 |
Your Website – Exposure
to Foreign Courts and Laws?
The use of the internet for business continues to increase, and there is no doubt
that websites can be a great tool for business. But a recent decision by Australia's
highest court provides a salutary reminder of the risks of maintaining an on-line
presence. |
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| June 2003 |
Border Protection
The recent television programme Border Patrol highlights the work done by the
New Zealand Customs Service in patrolling and protecting our borders against
unwanted pests and substances. However, many of you will not be aware that
the Customs Service can also act as your eyes-and-ears in policing against
the importation of unauthorised or counterfeit copies of your copyright or
trademarked goods. |
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| November 2002 |
Dare to be Famous?
Removal of Protection for Generic Trade Marks
Under the new Trade Marks Bill currently before the House, trade mark owners
face losing their trade mark protection where the trade mark has become so well
known that it has come into common usage as a general term for a particular kind
of product or service. |
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Archived articles
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Local Government |
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| March 2010 |
Auckland Reorganisation – Local Boards and Council-controlled organisations
The Auckland Transition Agency (ATA) has released discussion documents which cover proposals on the role of Local Boards and proposals for rationalisation of existing Council-controlled organisations. |
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| March 2010 |
Copyright (Infringing File Sharing) Amendment Bill
On 23 February 2010 this Bill was introduced to Parliament repealing section 92A of the Copyright Act and intending to put in place a fair and balanced process to deal with online copyright infringement by unauthorised file sharing. |
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| February 2010 |
Discounts on Fees for Late Consent Processing
The Government included within last year's Resource Management (Simplifying and Streamlining) Amendment Act sections 36AA and 360(1)(hj) which allow it to make regulations imposing discounts for late processing of applications. |
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| February 2010 |
Pecuniary Interest Case Tests Parameters
The Office of the Auditor-General has recently released a report on a complaint of pecuniary inerest that has been upheld against four Environment Canterbury councillors. Although the issue arises often, and complaints are made from time to time, relatively few are upheld and fewer still result in prosecution. |
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| December 2009 |
High Court Confirms RMA Convictions Despite Statutory "Gap"
The High Court has found that convictions can be entered for offences under the Resource Management Act 1991, despite a "legislative hiatus" in section 21 of the Summary Proceedings Act 1957 ("SPA"). |
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| December 2009 |
Auckland - The Jigsaw Fits Into Place
The third Bill makes substantial amendments and additions to both the Local Government (Tamaki Makaurau Reorganisation) Act 2009 and the Local Government (Auckland Council) Act 2009 and draws together the legislative package required to give effect to Auckland local governance reorganisation. |
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| December 2009 |
Supreme Court to Consider Council's Duty of Care
The Supreme Court has granted leave to appeal a decision of the Court of Appeal finding that the Queenstown-Lakes District Council did not owe a duty of care to the commercial owner of a luxury lodge damaged by fire due to a defective flue. |
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| December 2009 |
Super City Survey Examines Impact From 'Affected Parties' Viewpoints
A recent survey shows a low expectancy for additional or improved services to residents, but expects improvements in infrastructure and planning, as well as a consistency of approach through centralised decision-making. |
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| November 2009 |
RMA Convictions Upheld
A recent District Court decision rejects the argument that convictions can not be entered for offences under the RMA. |
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| November 2009 |
Wards, Boards and Boundaries for Auckland Council
The Commission
has announced its preliminary proposals in relation to wards and local boards across the new Council, and the proposed boundaries. |
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| November 2009 |
The 'Boy Racer' Bills Pass Into Law
Two Bills targeting illegal street racing have resulted in three Acts which come into force on 1 December 2009. |
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| November 2009 |
RMA Convictions Challenged
Procedural query in District Court holds up RMA prosecutions. |
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| September 2009 |
Local Government (Auckland Council) Bill Passes With More Changes
On 17 September 2009 the Bill was passed under urgency largely in the form recommended by the Auckland Governance Legislation Select Committee, but without the proposed changes to the northern boundary of Auckland. |
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| September 2009 |
Resource Management Act Amendments Passed
The Resource Management (Simplifying and Streamlining) Amendment Bill 2009 was passed into law under urgency late on 9 September 2009. Detailed reviews of key aspects are as follows:
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| September 2009 |
Remuneration and Elected Representatives - Councils Cautious
The Local Government Elected Members (2009/10) (Except Auckland) Determination 2009 came into force on 1 July 2009. |
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| September 2009 |
Discretion To Install Parking Signage Under Land Transport Rule: Traffic Control Devices 2004
Local Authorities have a residual discretion to either place or not place parking signage for bylaw enforcement purposes in particular circumstances. |
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| September 2009 |
Super City Takes Shape
The only certain thing about the release of the Auckland Governance Legislation Select Committee's report is that it will not please everyone. |
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| August 2009 |
The Burden of No Objection Covenants
A recent High Court decision considers the enforceability and validity of a "no objection" covenant registered on properties at Omaha Beach, and raises questions as to whether such covenants burden the servient land. |
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| August 2009 |
Building Amendment Act 2009
The Act amends the Building Act 2004 to reduce compliance requirements and improve efficiency relating to building consents. It introduces a National Multiple Use Approval Regime, and other amendments relating to the efficiency and cost of the building process. |
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| August 2009 |
Infrastructure Bill
This Bill, which has yet to have its first reading, proposes substantive amendments to eight Acts and the repeal of one Act. When it reaches the committee of the whole House stage, the intention is to split it into two Bills, the Utilities Access Bill and the Infrastructure Bill. |
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| July 2009 |
Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill 2007
This Bill had its first reading in Parliament on 17 June 2009. The Bill extends the rights of former owners of land taken or acquired by the Crown or local authorities for public works to repurchase land not required for that original public work. |
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| June 2009 |
Requirements under the Criminal Disclosure Act
From 29 June 2009 the Criminal Disclosure Act 2008 will be in force and all local government prosecutors and enforcement officers should be aware of its requirements. |
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| June 2009 |
Amendment to the Protected Disclosures Act 2000
The amendments to this Act, which came into force on 6 May, expand eligibility for protection under the Act and the role provided by the Ombudsman. |
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| June 2009 |
The 'Boy Racer' Bills
Two new bills, each targeting different aspects of the illegal street racing problem, received their first reading in the House on 2 June 2009. |
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| June 2009 |
Transfers of Land to Councils
As transfers are now registered electronically (ie without a paper document) this must be carried out by following the correct e-dealing process. |
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| May 2009 |
Changes Coming With The Unit Titles Bill
The Unit Titles Bill is due to be reported back from the Social Services Select Committee on 5 September 2009. Read about the changes concerning subdivisions of land into units. |
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| May 2009 |
Deed Execution and e-Dealing
The Property Law Act 2007 amended the legal requirements for deed execution by bodies corporate such as councils as from 1 January 2008 and the shift to e-dealing from paper registration under the Land Transfer Act 1952 requires the use of Authority and Instruction forms for certain transactions. |
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| May 2009 |
Auckland Legislation Before Parliament
Two Bills, the Local Government (Auckland Reorganisation) Bill and the Local Government (Auckland Council) Bill, have been introduced under urgency into Parliament to give effect to Government decisions and recommendations on governance. |
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| May 2009 |
Minister Picks up the Pace on Super City
Local Government Minister Rodney Hide has laid out a three-step legislative programme to realise the Government's decision on Auckland governance. |
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| April 2009 |
Confusing Case Law on Decision-Making under LGA'02
Decision-making processes continue to cause headaches for officers and members of local authorities. A recent decision disagrees with the approach taken to an earlier decision relating to decision-making. |
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| April 2009 |
Cabinet Calls for Even Greater Changes to Auckland Governance
Cabinet has considered the recommendations of the Report of the Royal Commission on Auckland Governance and made its own changes to the outcome. |
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| March 2009 |
One Auckland a Reality
Find out what has been recommended for the governance structure of Auckland. The Report of the Royal Commission of Inquiry on Auckland Governance was released on 27 March 2009. The Auckland 'super city' is proposed to become reality. |
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| March 2009 |
Gangs and Organised Crime Bill
With the growing criminal activity in New Zealand this Bill, which was introduced on 10 February 2009, is likely to be of interest to local authorities struggling to control gang-related crime in their districts. |
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| January 2009 |
Reducing Borrowing Costs – an Opportunity for Local Government
The passing of the Securities (Local Authority Exemption) Amendment Act in April 2008 exempted local authorities from the need to issue a prospectus when seeking debt securities from the public. All they now require is an investment statement which is a much simpler document. Most importantly this document does not need to be signed by councillors. |
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| December 2008 |
Failing To Comply With Decision-Making Obligations
In a significant decision for local authorities, Justice Chisholm has quashed a decision of the Christchurch City Council as the council failed to comply with decision-making obligations under Part 6 of the Local Government Act 2002. |
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| December 2008 |
Safeguarding Councils' Internet Access
Every now and then a piece of legislation comes along that contains a real sting in the tail for councils.
The Copyright (New Technologies) Amendment Act 2008 is a timely example of this.
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| October 2008 |
New Provision for Walkers - Walking Access Act 2008
The Walking Access Act 2008 ("the Act") has been enacted with the aim of providing the public with free and enduring access to the outdoors. It came into force on 30 September 2008 and repeals the New Zealand Walkways Act 1990.
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| October 2008 |
How will your organisation manage when the price of oil rises?
The newly formed Land Transport Agency recently released a report that investigates the management of transportation challenges when the price of oil rises. It looked at ways that central government, regional councils and territorial authorities could respond to rises in the price of oil. Brookfields assisted on preparation of this report.
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| September 2008 |
Auckland Regional Amenities Funding Act 2008
The Auckland Regional Amenities Funding Act 2008 was passed by Parliament on 29 August 2008. It creates a new structure for regional amenity funding.
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| August 2008 |
Council's duty to keep LIMs accurate
A recently released High Court judgement appears to have made the requirement to provide accurate and up-to-date information under section 44A more stringent. |
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| July 2008 |
Sale of Liquor Bill
The Sale of Liquor (Objections to Applications) Amendment Bill 2008 ("the Bill") aims to place stringent controls on the licensing provisions under the Sale of Liquor Act 1989 ("the Act"). |
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| July 2008 |
Policy Registers and Decision Making
A policy register enables compliance with section 80 of the LGA. It promotes consistency and streamlining of decision-making processes by ensuring all polices and plans can be found in one centralised and up to date location. |
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| June 2008 |
So Who Would Be A Mayor – Or A Public Servant?
The role of Mayor in Auckland is under the spotlight by the Royal Commission of Inquiry into Local Government in Auckland. |
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| November 2007 |
Trust Law – Special Edition – Charitable Organisations
Charities Act 2005
The Charities Act 2005 (“the Act”) has introduced some major changes to how the charitable sector operates in New Zealand. The Act has established a Charities Commission to register and monitor charitable entities in New Zealand. |
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| October 2007 |
Negligence claim against Council struck out
The recent High Court decision of Te Mata Properties Limited & Or v Hastings District Council & Ors provides useful clarification of the tests that will be applied where local bodies are faced with liability claims for leaky commercial and industrial buildings. |
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| October 2007 |
Royal New Zealand Federation of the Blind v Auckland City Council
In a recent Supreme Court decision it was unanimously decided to dismiss an appeal by the Royal New Zealand Foundation of the Blind (RNZFB) on the question whether the land it owns in Parnell, Auckland, is liable for local body rates. |
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| August 2007 |
Conflicts - Appearance of Bias
A good practice guide under section 21 of the Public Audit Act 2001 was published by the Office of the Auditor General in June 2007 under the title, Guidance for members of local authorities about the law on conflicts of interest. In Part 5 of the that guide addresses the law as to non-pecuniary conflicts of interest and, in particular, the appearance of bias. |
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| July 2007 |
Destruction
Orders Under the Dog Control Act 1991
An important observation about natural justice and the destruction of dogs under the Dog Control Act 1991. |
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| May 2007 |
Potential Pitfalls of Delegation
Brookfields Partner, Melinda Dickey, speaks to the Lexis Nexis Local Government Legal Forum on the potential dangers of faulty or incomplete delegations. |
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| March 2007 |
Development Contributions
- The North Shore City Council Case
A range of new measures has been introduced which target the concerns
of the public raised in consultation. Specifically the new Act aims to
speed up the processing of claims, giving new wider ranging powers to
implement relief and creating a new structure for the adjudication of
matters. |
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| March 2007 |
Weathertight Homes Resolution Service
A range of new measures has been introduced which target the concerns of the public raised in consultation. Specifically the new Act aims to speed up the processing of claims, giving new wider ranging powers to implement relief and creating a new structure for the adjudication of matters. |
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Archived articles
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Property |
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| October 2009 |
Spring 2009 issue
Lease assignments in liquidation situations
Legitimate warning v illegitimate threat
Body Corporate consent to fix leaky units
Rental return: who got it wrong and who pays?
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| July 2009 |
Special Edition
A new form of agreement for sale and purchase has been published by the REINZ, focusing on taking a 'plain English' approach. How will it affect property transactions? |
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| June 2009 |
Winter 2009 issue
In this issue we cover lease agreement issues, rent review notices, directors' liability and the requirements affecting contracts with Auckland councils. |
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| April 2009 |
Fall 2009 issue
In this issue we cover leasing issues, landlocked titles, overseas investment, pending legislation and a look at what's going on in our Super City. |
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| December 2008 |
Summer 2008 issue
'No complaints' covenants
'Standard' Agreements - beware of the 'unusual'
Guarantees - do you know your obligations under them?
When is a sale effective - and who gets the commission? |
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| October 2008 |
October 2008 issue
Guarantors' liability and variation of leases.
Suing as a nominee to enforce rights
Enduring Powers of Attorney - new provisions
Unit Titles Bill - key changes
New legislation summary
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| April 2008 |
April 2008 issue
Inaugural Brookfields Property Forum
Oppressive buy back contract
Buildings on the move?
Building Amendment Act 2008
NZ Planning Institute Conference
New Zealand China Free Trade Agreement
Publications
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| February 2008 |
February 2008 issue
Boundary Disputes Can Cut Both Ways
Trust Us!
Affordable Housing |
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| December 2007 |
Summer
2007 issue
Season's Greetings!
Another year has gone by - and so fast!
Brookfields Offices Christmas
Hours
Property Law Act 2007
Revenue Alert - Selling Private Homes to LAQCs
Leasehold Estates
and the Unit Titles Act - a warning
Conditions in agreements for sale and purchase
Staged Developments
and subsequent alterations
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| August 2007 |
Spring 2007 issue
Subscribing
to our update
Law Awards – Voting NOW!
Partition and cross leases
Withholding consent to assignment
Lease or Licence?
Compliance with Landscape Plans and Strategies
Publications |
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| July 2007 |
Winter 2007
Issue
Subscribing to our Property Law Update.
Lease drafting and market rentals.
Terminating leases - using the correct procedure.
Manukau City Council's Grafitti Bill success.
Developer awarded compensation for road building.
Brookfields'
Publications. |
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Relationships |
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| December
2009 |
"Wife dumped by note in letterbox awarded $10,000 a month" - Ongoing Maintenance After the Split
When does maintenance have to be paid? Maintenance can be required to be paid as an interim measure or for such further period as the Court thinks is reasonable. So, can you protect yourself in a relationship property agreement following a split. |
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| December
2009 |
Can We Trust in Trusts? - Ward v Ward - Supreme Court
The Supreme Court clarifies the law on when trusts can be varied following a divorce. |
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| November
2009 |
Relationship Property Agreements - Getting Them and Getting Them Right
Relationship property agreements enable parties to take control of their own property, and avoid the default position that all relationship property is owned by the relationship partners equally. But strict formalities need to be met. |
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| June
2009 |
Supreme Court Recognises Wife's Contributions Towards Building Husband's Asset Base
New Zealand's highest Court has endorsed the importance of all contributions to the marriage relationship. |
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| March
2009 |
The Australian Connection - Update from Across the Ditch
Expected to come into force on 1 March 2009, Australia's Family Law Amendment (De Facto Financial Matters & Other Measures) Act 2008 brings major changes to its law relating to de facto couples. |
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| February
2009 |
Tough Economic Times and Relationship Debts
House prices are predicted to continue to fall, resulting in increasing numbers of couples who owe the bank more than their houses are worth. Money troubles are one of the leading causes of strife in domestic relationships. How are these debts dealt with when couples split up? What can you do to protect yourself from acquiring responsibility for debts incurred by your partner? |
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| November
2008 |
What rules apply to the division of property?
The Property (Relationships) Act 1976 sets out the formula for how property is to be divided. The Act classifies property as either 'relationship property' or 'separate property'. The classification is vital in deciding whether property is shared and in what proportions. |
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| October 2005 |
De facto relationships
An attempt by one of the partners in a relationship to avoid the effects
of the Property( Relationships) Act ended with an award to the other
partner of $3 million. |
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| July 2004 |
Footballers' Wives
An England Court of Appeal case, which sounds very like a plot from a
television soap, has some interesting implications for couples at the
higher end of the asset scale. |
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| June 2004 |
Modern Love
A tale of love and broken relationships - but it isn't quite
the stuff of a romance novel. How the Property (Relationships) Act can
affect you. |
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| March 2004 |
Relationship Property and unequal division
The Court's 'new' power
to deviate from an equal sharing of relationship property assets has
been the subject of recent media attention. |
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Trusts & Estates |
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| December
2009 |
Can We Trust in Trusts? - Ward v Ward - Supreme Court
The Supreme Court clarifies the law on when trusts can be varied following a divorce. |
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| November
2009 |
TrustLaw
Wills are documents that need to be changed as you go through life and your life changes. This issue covers some of the key aspects of the impact of personal relationships on estate planning. |
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| May
2009 |
TrustLaw
Timing is everything - are the assets "safely" in the trust. |
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| December
2008 |
TrustLaw
Continuing our theme of "When Trusts Go Wrong" from our August TrustLaw, this issue deals with possible exposure of Trusts to the economic fortunes of the Settlor. |
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| October 2008 |
TrustLaw
A recent legislative amendment has made significant changes to the Protection of Personal and Property Rights Act dealing with Enduring Powers of Attorney (EPA). |
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| August 2008 |
TrustLaw
Black clouds are looming on the economic horizon and as a consequence many trustees may need to consider whether their trust will withstand the storms. |
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| June
2008 |
TrustLaw
Beneficiaries' rights to property of a trust.
Relationship property - economic disparity.
Receiving an inheritance. |
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| March
2008 |
TrustLaw
Special edition - registration under the Charities Act 2005 deadline fast approaching. |
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| March
2008 |
TrustLaw
Strategies to minimise the potential for future conflict in family trust matters.
Wills Act 2007 came into force on 1 November 2007.
IRD announced changes to due dates of Provisional Tax instalments. |
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| October
2007 |
TrustLaw
Immigration to New Zealand - A few estate planning matters to consider. |
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| October
2007 |
TrustLaw
Good trust administration and record keeping to protect the trust and its assets.
The trustee's duties for the day to day administration of the trust. |
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| September
2007 |
TrustLaw
The importance of good housekeeping.
Dealing with offshore assets in an estate.
Do I have to provide for my children under my will? |
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May
2007
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TrustLaw
New Zealand Foreign Trusts - an outline. |
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| December 2006 |
TrustLaw
This month, succession planning for businesses, trusts and wills. |
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| March 2006 |
TrustLaw
Recording gifting to trusts - the need to properly document all advances
Rural succession - planning for who will inherit your farm
Turning assets into cash for older people - how to use your assets to provide
income at 60+
Registering charities - registration of charities begins mid 2006 |
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| July 2005 |
TrustLaw
How is my partner placed if I die? - explaining division of relationship property
in the event of death. Funeral instructions - making sure your funeral is what
you would like it to be. Tax Snippets - capital or income expenditure explained. |
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| April 2005 |
TrustLaw
Do You Really Need a Trust? - Reasons for creating a trust. Simultaneous Deaths
- Briefly covers the Simultaneous Deaths Act 1958. Gifting - For individuals
and Family Trusts. Burial at Sea - There are strict rules but it can be done.
Tax Snippets - We outline for accounting purposes what properly administered
trust should have |
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| February 2005 |
TrustLaw
Presumption of Death - What does the law say on the subject where people have
disappeared and are presumed dead? Trustees - Recording Decisions - How comprehensive
is your trust minute book? Trustees - Personal Liability - A Trust unlike a
company is not a separate legal entity. On Death - The Legal Procedures. Tax
Snippets - Tax Return Preparation. |
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| December 2004 |
TrustLaw
In this edition: The Gift of Life - organ and tissue donation. Trust Disasters
- keeping trust and personal property separate. Contracting As Trustees - a
recent case. Tax Snippets - trust income allocations, and upcoming tax payment
dates. |
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Why Have A Trust?
There are many reasons for creating a trust, and our team of trust experts briefly
cover them here. |
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Why Have A Will?
Your will is one of the most important documents you will sign in your life.
It has a profound effect on the legacy you will leave your loved ones. |
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Trust and Management Services
For many years Brookfields has offered a comprehensive trust and management service.
This includes asset planning, settlement of trusts, wills, enduring powers
of attorney and personal affairs management, trustee advisory services and
estate administration. |
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Enduring Powers of Attorney
Enduring powers of attorney (EPA) may be used to cover situations in which a
person does not have the ability to manage his or her own affairs |
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Residential Care Subsidies
A summary of criteria for eligibility for residential care subsidies for those going into long term care. |
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Archived articles
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