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Latest Articles
Governance	Lessees claim to reversionary interests in leases fails. read more
Business	The Companies and Limited Partnerships Amendment Bill read more
Environment/RM	New Zealand's substantial exclusive economic zone read more
Workplace	Election 2011 - Workplace policies. read more New tests for justification and reinstatement - will they make a difference? read more Mediation, settlement and confidentiality? read more
Property	Is good faith needed in due diligence? read more
Governance	Heritage New Zealand Pouhere Taonga Bill 2011. read more
Property	Using an encumbrance to secure performance of obligations. read more
Environment/RMA	New NES for Contaminated Sites. read more
Relationships	How does the father of a child establish paternity? read more
Governance	Local Electoral Act Tidy Up. read more
Environment/RMA	Lies, Damn Lies and Statistics - The RMA in Numbers. read more
Governance/ Property	Building Act Review Moves Forward. read more

Business
	Also see our articles covering Intellectual Property and Workplace Law
November 2011	The Companies and Limited Partnerships Amendment Bill: A new Bill aims to increase confidence in New Zealand's financial markets and New Zealand's regulation of corporate forms, and to ensure New Zealand remains a trusted place to do business. read more

May 2011	Cyberspace Piracy – A Compromise The Copyright (Infringing File Sharing) Amendment Bill was rushed through its final reading last month and is now law. Most of its provisions relating to internet copyright infringement come into force on 1 September.

September 2010	New Regime – Utilities Work on Roads Since reporting on the Infrastructure Bill in August 2009 and April 2010, it has been divided into four separate Acts that all became law on 6 August 2010. The two Acts of most interest are the Infrastructure (Amendments Relating to Utilities Access) Act 2010 and the Utilities Access Act 2010.

April 2010	Infrastructure Bill The area of greatest interest and some concern to local government of this Bill is the part relating to utilities' access to roads to install and maintain their equipment, lines and pipes.

March 2010	NEC3 An Alternative For Procurement NEC3 is a family of standard contracts developed for the Institution of Civil Engineers in the United Kingdom. They are increasingly being promoted in New Zealand as a modern and more progressive alternative to NZS 3910, particularly for more complex or long term projects.

August 2009	Infrastructure Bill This Bill 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.

June 2009	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.

July 2007	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.

	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.

	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.

	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.

	Archived articles


Workplace

November 2011	Election 2011 - Workplace Policies What do the various political parties have in store for employment law? There seem to be a few common areas of target on which the parties' employment policies are being platformed.

November 2011	New Tests for Justification and Reinstatement - Will They Make a Difference? Before it was repealed by the Government on 1 April 2011, section 125 of the Employment Relations Act 2000 made reinstatement (where sought) the "primary remedy" for a personal grievance. Now the Authority and Employment Court may provide for reinstatement (where sought) "if it is practicable and reasonable to do so".

November 2011	Mediation, Settlement and Confidentiality The policy behind confidentiality is important - the parties need to be able to be open and frank and should be genuinely attending mediation to try to resolve a dispute, and not for some ulterior motive.

August 2011	Adventure Tourism Regulations The Department of Labour has recently released new draft adventure tourism regulations for consultation, due to come into force on 1 October 2011.

February 2011	Sleepovers - Workers Should Be Paid On 16 February, the Court of Appeal upheld an Employment Court ruling, which found that workers doing overnight sleepover shifts should be paid the adult minimum wage for every hour of the shift.

February 2011	Employment Law Changes - Is Your Business Ready? The Employment Relations Amendment Bill (No. 2) and Holidays Amendment Bill will require employers to review employment agreements and policies to bring them into line with the amendments, which come into effect on 1 April 2011.

September 2010	Fire at Will? Not Quite The National Government recently announced its decision to introduce a Bill which will allow all employers, rather than just small employers, to rely on 90-day trial periods for new employees. This decision has been criticised by opponents who argue that the current90-day trial period legislation provides employers with a right to "fire at will". A recent Employment Court decision shows that this is not quite the case.

September 2010	The Immigration Act 2009 - New Obligations for Employers When the Immigration Act 2009 comes into force on 29 November 2010, employers will be under strict obligations to ensure foreign nationals are legally employed. The penalties for non compliance are significant, so employers should ensure they are fully informed and advised properly.

August 2010	Employment Legislation Before Parliament The Employment Relations Amendment Bill (No 2) and the Holidays Amendment Bill have been introduced to Parliament. What are the proposed key changes?

July 2010	90-Day Trial Scheme Expanded The Government has announced plans to extend the 90-day trial period scheme to incorporate all workplaces. Under the scheme (which currently only applies to employers with 19 or less staff) workers dismissed during a 90-day trial period cannot file a personal grievance against their employer for unjustified dismissal.

July 2010	Justification Test to Change. Again. The Government's plans to change the justification test for all unjustified dismissal and disadvantage personal grievance claims (ie whether the employer's actions were just and reasonable in the circumstances).

July 2010	Costs - A Cautionary Tale The Employment Court has recently confirmed that there can be significant financial consequences for litigants who run a prolonged case or who refuse to accept the weaknesses in their case.

July 2010	Legislative Developments Paid parental leave payments • The Employment Relations (Rest Breaks And Meal Breaks) Amendment Bill • The Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill • The Employment Relations (Workers' Secret Ballot for Strikes) Amendment Bill.

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.

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.

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.

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.

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?

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".

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.

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.

June 2009	Parental Leave Pay Increased Weekly parental leave payment rates increase from the beginning of July 2009.

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.

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.

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?

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.

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.

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.

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?

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

July 2007	Employing Overseas Workers There are several different ways for people from outside New Zealand to legally work in this country.

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.

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.

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.

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.

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.

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.

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.

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?

December 2006	KiwiSaver regulations in force The KiwiSaver Regulations 2006 came into force on 1 December 2006. So what now for employers?

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.


Environment & Resource Management
November 2011	New Zealand's substantial exclusive economic zone (EEZ): the EEZ is increasingly being used for much more than the traditional activities of fisheries and transport. read more

October 2011	New NES for Contaminated Sites The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 comes into force on 1 January 2012.

October 2011	Lies, Damn Lies and Statistics - The RMA in Numbers Every two years there is a report on the manner in which local authorities implement the Resource Management Act 1991. The latest report is now available.

October 2011	Updated Environment Court Practice Note The Environment Court has just released a new version of the Environment Court Practice Note. The updated Practice Note will come into effect on 1 November 2011 and will replace all earlier versions.

August 2011	Smoke Settles on Supermarket Wars The Environment Court takes a hard line with regard to the new trade competition provisions in Part 11A of the Resource Management Act 1991.

July 2011	Trees Difficult to Streamline From 1 January 2012 district plan rules relating to the felling, damaging or removal of trees in an urban environment will be revoked, however one rule is exempt from this revocation.

June 2011	Consent declined! The issue of retrospective building consents A District Court has overturned a determination by the Chief Executive of the Department of Building and Housing and confirmed that retrospective building consents are not available under the Building Act 2004.

May 2011	Freedom Interrupted The Government hopes that the Freedom Camping Bill introduced to Parliament on 18 May 2011 will make inroads in dealing with the growing problem of freedom campers.

May 2011	NPS For Freshwater Management 2011 The National Policy Statement for Freshwater Management 2011 was announced recently and will take effect from 1 July 2011.

May 2011	Environmental Protection Authority Established The Environmental Protection Authority Bill has now become law and the Authority is intended to assume some of its environmental regulatory functions from 1 July 2011.

May 2011	Not all Smoke and Mirrors - Amendments to the NES for Air Quality Amendments have been made to the 2004 National Air Quality Standards by the Resource Management (National Environmental Standards for Air Quality) Amendment Regulations 2011 (SR 2011/103), which come into effect on 1 June 2011.

April 2011	NPS for Renewable Electricity Generation 2011 The National Policy Statement for Renewable Electricity Generation 2011 was announced recently and will take effect from 13 May 2011.

March 2011	Court Finds Council Caused Coastal Erosion The Tasman District Council might be reflecting upon the perils of best laid schemes following a recent Environment Court decision on an application for enforcement orders.

February 2011	Still potential for change to the Marine and Coastal Area (Takutai Moana) Bill Following consideration by the Maori Affairs Select Committee the Coastal Marine Area (Takutai Moana) Bill has been returned to Parliament and is predicted to become legislation by the end of next month.

February 2011	One-Way Roadstopping Process A recent success comes with the interesting procedural finding from the Environment Court that once a proposed road stopping has been referred to the Court a determination on the merits of the proposal can not be avoided.

November 2010	Marine Aquaculture Reforms Introduced The Aquaculture Legislation Amendment Bill (No. 3) was introduced on 9 November and referred to the Primary Production Select Committee. Submissions are open until 11 February 2011.

October 2010	Phase Two RMA Reforms - Discussion Paper Released The Government's discussion document 'Building competitive cities - reform of the urban and infrastructure planning system' was launched on Tuesday, 12 October 2010. Public input is sought on a large number of initial options for addressing its 'Phase Two' reforms to the Resource Management Act 1991.

September 2010	Changes to Resource Management Regulations Following the 2009 amendments to the Resource Management Act 1991, the Resource Management (Infringement Offences) Regulations 1999 and the Resource Management (Forms, Fees, and Procedure) Regulations 2003 have also been amended. So what has been changed?

August 2010	Consideration of Alternatives in the Context of Windfarms The positive factors of the proposed large-scale windfarm that Meridian Energy wants to operate in Central Otago 15km west of Middlemarch in the Lammermoor Range were found to be overshadowed by its adverse effects, including the impact on the outstanding natural landscape.

July 2010	Unpaid Consent Fees: To Enforce Or Not To Enforce? In a recent decision of the Environment Court, the Court determined that a Council could not use the enforcement provisions of the Resource Management Act 1991 to enforce payment of outstanding charges.

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.

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.

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.

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.

	Archived articles


Immigration

September 2010	The Immigration Act 2009 - New Obligations for Employers When the Immigration Act 2009 comes into force on 29 November 2010, employers will be under strict obligations to ensure foreign nationals are legally employed. The penalties for non compliance are significant, so employers should ensure they are fully informed and advised properly.

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).

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.

June 2009	Immigration Advisers Licensing Act - FAQs Our immigration law experts provide answers to frequently asked questions.

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?

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.

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.

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.

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.

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.

July 2007	Employing Overseas Workers There are several different ways for people from outside New Zealand to legally work in this country.

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.


Infrastructure

July 2011	Release of the National Infrastructure Plan 2011 Released on 4 July 2011, the Plan records its vision that, by 2030, New Zealand's infrastructure will be resilient and coordinated and contributing to economic growth and increased quality of life.

November 2010	Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill On 23 November this Bill was introduced to amend the Weathertight Homes Resolution Services Act 2006 to facilitate the delivery of the financial assistance package to eligible owners of leaky homes.

November 2010	Marine Aquaculture Reforms Introduced The Aquaculture Legislation Amendment Bill (No. 3) was introduced on 9 November and referred to the Primary Production Select Committee. Submissions are open until 11 February 2011.

November 2010	Enlarged Environmental Protection Authority The Environmental Protection Authority Bill, introduced to Parliament on 16 November 2010, establishes a new Environmental Protection Authority replacing the interim EPA created under the Resource Management (Simplifying and Streamlining) Amendment Act 2009.

November 2010	Latest Local Government Act Amendment Passed The Local Government Act 2002 Amendment Bill was passed in Parliament on 18 November 2010 and awaits assent. The Minister of Local Government, Rodney Hide, says: "Ratepayers will now be able to have a bigger and more decisive say in the activities and decisions of their councils." Whether or not the largely procedural changes to the Act have that effect remains to be seen. For our summary of the new Act see our April report, and more recent update earlier this month.

November 2010	New Coastal Policy Statement The New Zealand Coastal Policy Statement 2010 was officially gazetted this week and comes into force on 3 December 2010. This Statement replaces the New Zealand Coastal Policy Statement 1994.

October 2010	Phase Two RMA Reforms - Discussion Paper Released The Government's discussion document 'Building competitive cities - reform of the urban and infrastructure planning system' was launched on Tuesday, 12 October 2010. Public input is sought on a large number of initial options for addressing its 'Phase Two' reforms to the Resource Management Act 1991.

October 2010	Canterbury Earthquake Response and Recovery: Special Legislation The Canterbury Earthquake Response and Recovery Act 2010 is the Government's legislative response (in the form of legislative amendments through Orders in Council and the creation of the Recovery Commission) to the natural disaster that has had a substantial impact on the region.

September 2010	New Regime – Utilities Work on Roads Since reporting on the Infrastructure Bill in August 2009 and April 2010, it has been divided into four separate Acts that all became law on 6 August 2010. The two Acts of most interest are the Infrastructure (Amendments Relating to Utilities Access) Act 2010 and the Utilities Access Act 2010.

August 2010	Consideration of Alternatives in the Context of Windfarms The positive factors of the proposed large-scale windfarm that Meridian Energy wants to operate in Central Otago 15km west of Middlemarch in the Lammermoor Range were found to be overshadowed by its adverse effects, including the impact on the outstanding natural landscape.

July 2010	ETS And Waste Disposal Participation in the ETS is compulsory if you operate a waste disposal facility, and for most Councils waste will be their only direct involvement in the ETS scheme. The Ministry for the Environment has recently released for consultation the draft Climate Change (Waste) Regulations 2010 that allow Councils to estimate what their annual emission liability may be and should enable decision making to commence around how the liabilities will be met.

June 2010	Government Reform of Marine Aquaculture In a recently released Cabinet Paper the Government has signalled significant reform to the management of marine based aquaculture under the Resource Management Act 1991. The Government considers that there is significant potential for economic development of the aquaculture industry and that current processes seriously impede that development.

May 2010	Auckland Local Government Reforms Rolls On We reported on the Bill following its first reading in December of last year. In this article we give you a summary of the Local Government (Auckland Law Reform) Bill as reported back to Parliament.

April 2010	Review of Local Government Act Hits Parliament The long awaited review of the Local Government Act advanced on 29 April 2010 with the introduction to Parliament of the Local Government Act 2002 Amendment Bill.

April 2010	Infrastructure Bill The area of greatest interest and some concern to local government of this Bill is the part relating to utilities' access to roads to install and maintain their equipment, lines and pipes.

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.

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.

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.

April 2010	National Directives on Resource Management Issues The implications for district and regional plans following amendment to the Resource Management Act 1991 by the Resource Management (Simplifying and Streamlining) Amendment Act 2009 in relation to National Environmental Standards and National Policy Statements.


Intellectual Property & Technology

May 2011	Cyberspace Piracy – A Compromise The Copyright (Infringing File Sharing) Amendment Bill was rushed through its final reading last month and is now law. Most of its provisions relating to internet copyright infringement come into force on 1 September.

April 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.

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.

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.

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.

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.

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.

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.

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'.

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 decision by Australia's highest court provides a salutary reminder of the risks of maintaining an on-line presence.

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.

	Archived articles


Governance

February 2012	Lessees Claim To Reversionary Interests In Leases Fails Whangarei District Council has succeeded in avoiding an interim injunction sought by lessees to restrain it from marketing or selling the reversions of leased land in Whangarei.

November 2011	Heritage New Zealand Pouhere Taonga Bill 2011 On 5 October 2011 this Bill, which is a result of three years work, was introduced to Parliament.

October 2011	Local Electoral Act Tidy Up The Government introduced the Local Electoral Amendment Bill into the House on 10 October.

September 2011	Building Act Review Moves Forward Two new statutory provisions arising from the on-going review of the Building Act 2004 are noted.

September 2011	Auckland's Aspirational New Plan Revealed The Auckland Council has released the Draft Auckland Plan, which is intended to provide a guide for the region's growth and development over the next 30 years.

August 2011	Fresh Look at Conflict of Interest Last week Minister of Local Government Rodney Hide announced the release of a Discussion Document signalling the start of a review of the Local Authorities (Members' Interests) Act 1968.

July 2011	Release of the National Infrastructure Plan 2011 Released on 4 July 2011, the Plan records its vision that, by 2030, New Zealand's infrastructure will be resilient and coordinated and contributing to economic growth and increased quality of life.

July 2011	Decision-Making under the LGA'02 - Change in Land Use Can Trigger Consultation Section 78 Local Government Act 2002 requires local authorities to consider the views and the preferences of persons likely to be affected by, or have an interest in, a decision.

May 2011	Community Representation - Community Boards And Local Boards Local Government reorganisation in Auckland has created a hybrid. Local boards share decision-making power with the governing body of Auckland Council, but represent local communities or areas.

May 2011	New Approach To Local Government Borrowing The Government introduced the Local Government Borrowing Bill on 6 April. It is targeting a whole range of legislative provisions that could cause difficulties for the Local Government Funding Agency.

April 2011	Legal Aftershocks from Christchurch Earthquake The Christchurch earthquake raises a myriad of legal issues, some of which will undoubtedly give rise in time, or more urgently, to new or altered law.

March 2011	Auckland Unleashed – The Auckland Plan Discussion Document Auckland Council have launched its Auckland Plan Discussion Document: Auckland Unleashed seeking ideas and proposals for feedback to help prepare the draft Auckland Plan.

March 2011	Funding Available to Enhance Public Access The Walking Access Commission has called for applications to its Enhanced Access Fund. The Commission has also recently made its mapping database available, free of charge.

March 2011	High Court Declares Wanganui Gang Insignia Bylaw Invalid The Wanganui District Council (Prohibition of Gang Insignia) Act 2009 empowers the Council to make bylaws specifying public places in its district as places where persons may not display gang insignia at any time. In a recent judgment the High Court declared the Wanganui District Council (Prohibition of Gang Insignia) Bylaw, made under that Act, invalid.

January 2011	Court of Appeal rules trailer home is a building Is a trailer home a "building" for the purposes of the Building Act 2004? That question has recently been answered by the Court of Appeal in Thames-Coromandel District Council v Te Puru Holiday Park Limited [2010] NZCA 633.

November 2010	Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill On 23 November this Bill was introduced to amend the Weathertight Homes Resolution Services Act 2006 to facilitate the delivery of the financial assistance package to eligible owners of leaky homes.

November 2010	Plan Change Not Required For Increase In GST The Environment Court has recently expressed the view that the 2.5% increase in GST can be passed on without amending district plans under the Schedule 1 process in the RMA.

November 2010	Latest Local Government Act Amendment Passed The Local Government Act 2002 Amendment Bill was passed in Parliament on 18 November 2010 and awaits assent. The Minister of Local Government, Rodney Hide, says: "Ratepayers will now be able to have a bigger and more decisive say in the activities and decisions of their councils." Whether or not the largely procedural changes to the Act have that effect remains to be seen. For our summary of the new Act see our April report, and more recent update earlier this month.

November 2010	The Alcohol Reform Bill – Is it time for a cup of tea? The repeal and replacement of the Sale of Liquor Act 1989 proposed under the Alcohol Reform Bill is intended to foster a safe and responsible drinking culture. While some of the elements of the Sale of Liquor Act 1989 are retained, the Alcohol Reform Bill proposes a significant overhaul of New Zealand's primary liquor laws.

November 2010	Amendments To Local Government Act Advanced The Local Government and Environment Committee has reported back on the Local Government Act 2002 Amendment Bill recommending a few significant changes.

November 2010	New Coastal Policy Statement The New Zealand Coastal Policy Statement 2010 was officially gazetted this week and comes into force on 3 December 2010. This Statement replaces the New Zealand Coastal Policy Statement 1994.

October 2010	Taking Office A brief overview of some of the house keeping matters that take place before newly elected local government representatives around the country take the reins.

September 2010	New Regime – Utilities Work on Roads Since reporting on the Infrastructure Bill in August 2009 and April 2010, it has been divided into four separate Acts that all became law on 6 August 2010. The two Acts of most interest are the Infrastructure (Amendments Relating to Utilities Access) Act 2010 and the Utilities Access Act 2010.

August 2010	Consideration of Alternatives in the Context of Windfarms The positive factors of the proposed large-scale windfarm that Meridian Energy wants to operate in Central Otago 15km west of Middlemarch in the Lammermoor Range were found to be overshadowed by its adverse effects, including the impact on the outstanding natural landscape.

August 2010	Court of Appeal Confirms Decision-making Process under Local Government Act The Court of Appeal has allowed Whakatane District Council's appeal against Justice Duffy's High Court decision that the process followed by the Bay of Plenty Regional Council in relation to the proposed relocation of its headquarters to Tauranga was in accordance with the procedural requirements of the Local Government Act 2002.

July 2010	ETS And Waste Disposal Participation in the ETS is compulsory if you operate a waste disposal facility, and for most Councils waste will be their only direct involvement in the ETS scheme. The Ministry for the Environment has recently released for consultation the draft Climate Change (Waste) Regulations 2010 that allow Councils to estimate what their annual emission liability may be and should enable decision making to commence around how the liabilities will be met.

July 2010	Football Fever - Rugby World Cup The FIFA World Cup provides a timely reminder to consider the recently introduced Rugby World Cup 2011 (Empowering) Bill that will enable fast track consents and regulatory approvals for temporary activities and facilities related to the Rugby Wold Cup and other rules that apply in our back yard.

July 2010	Minor Amendments to Building, Dog Control, Public Records and Rates Rebate Act The recently enacted Statutes Amendment Bill is an omnibus Act which has now been divided to include a number of minor changes for Acts which have particular relevance to local authorities.

July 2010	Unpaid Consent Fees: To Enforce Or Not To Enforce? In a recent decision of the Environment Court, the Court determined that a Council could not use the enforcement provisions of the Resource Management Act 1991 to enforce payment of outstanding charges.

June 2010	Plan changes - What can happen when a Council does not consult? In a recent case the High Court found that the Council had failed to consult an Iwi Authority, as required under the Resource Management Act 1991, when it amended its District Plan.

June 2010	Police Officers Eligible for Local Government Elections On 23 June Parliament passed under urgency the Policing (Involvement in Local Authority Elections) Amendment Bill that will restore the right of Police to stand for local government in time for this year's elections. The Policing Act 2008 introduced restrictions so that Police standing for local government election were placed on leave during their candidature, and if elected, were treated as having vacated their position as a Police employee. Police Minister Judith Collins has removed these restrictions so that Police now have the same rights as other state servants to stand for election and serve on local authorities.

June 2010	Food Bill Proposes New Role For Local Authorities Introduced into Parliament on 26 May 2010, the Food Bill proposes to replace the Food Act 1981 and Food Hygiene Regulations 1974.

June 2010	Government Reform of Marine Aquaculture In a recently released Cabinet Paper the Government has signalled significant reform to the management of marine based aquaculture under the Resource Management Act 1991. The Government considers that there is significant potential for economic development of the aquaculture industry and that current processes seriously impede that development.

May 2010	Prosecution Guidelines Relevant To Local Authorities Crown Law's new Prosecution Guidelines appear to be little known within local authorities, despite coming into effect on 1 January 2010, and being directly applicable to their enforcement activities.

May 2010	New Unit Titles Act - An Overview The Unit Titles Act 2010 was passed into law on 30 March 2010 bringing with it a large number of new provisions.

April 2010	Proposed Resource Management Discount Regulations The recently announced proposal for the Resource Management Discount Regulations will provide for a discount on processing charges where local authorities are responsible for resource consent applications not being processed within the timeframes set out in the RMA.

April 2010	National Directives on Resource Management Issues The implications for district and regional plans following amendment to the Resource Management Act 1991 by the Resource Management (Simplifying and Streamlining) Amendment Act 2009 in relation to National Environmental Standards and National Policy Statements.

April 2010	Canterbury Council Removed & Replaced The investigation into Environment Canterbury's performance has come to a dramatic head with the passing, under urgency, of a Bill that will remove and replace all 14 elected Councillors with Government-appointed Commissioners.

March 2010	NEC3 An Alternative For Procurement NEC3 is a family of standard contracts developed for the Institution of Civil Engineers in the United Kingdom. They are increasingly being promoted in New Zealand as a modern and more progressive alternative to NZS 3910, particularly for more complex or long term projects.

March 2010	Local Government Commission Determination of Wards, Local Boards and Boundaries for Auckland On 11 March 2010 the Local Government Commission released its Determinations on Auckland Governance Arrangements and has made some changes in response to the submissions received.

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.

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.

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.

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: The plan making process Consent application procedures Proposals of National Significance, NES and NPS "Nuts and Bolts"

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

	Archived articles


Property

November 2011	Is Good Faith Needed in Due Diligence? When may a purchaser lawfully exercise the right of cancellation of a conditional sale and purchase agreement pursuant to a due diligence clause.

November 2011	Using an Encumbrance to Secure Performance of Obligations Local Authorities frequently use the registration of an Encumbrance against a landowner's title as a convenient means of securing the performance of obligations by the landowner where other forms of security are impractical or ineffective.

September 2011	Building Act Review Moves Forward Two new statutory provisions arising from the on-going review of the Building Act 2004 are noted.

September 2011	Unit Titles Act 2010 – Three Months On The Act was passed in April 2010, draft regulations issued on 9 May 2011, submissions on those regulations closed 10 June 2011 and the Act itself came into effect on 20 June 2011.

August 2011	Untenantable Revisited We revisit the definition of "untenantable" in light of a recent case in the Red Zone in Christchurch.

June 2011	Untenantable Premises - A Question (Somewhat) Resolved A recent High Court case sheds some light on when a property is 'untenantable', which, depending on the answer, might result in contracts between parties being prematurely terminated.

June 2011	Constitutionally Correct? A recent High Court decision demonstrates the dangers of not adhering to the rules of the constitution of an incorporated society.

May 2011	Property Law Update Leaky commercial building means residential apartment owners take a bath.

April 2011	Legal Aftershocks from Christchurch Earthquake The Christchurch earthquake raises a myriad of legal issues, some of which will undoubtedly give rise in time, or more urgently, to new or altered law.

September 2010	Property Law Update What happens when the earth moves? Understand the rent review process. Make your intentions clear. Personal guarantees – understand the consequences. Residential Tenancies Amendment Act 2010.

August 2010	Special Edition The insertion of a new clause 7.0, Claims for Compensation, to the agreement for sale and purchase form deals with how a purchaser may claim a right of compensation where there is a genuine error, omission or misdescription of the property or where a purchaser claims to be entitled to an equitable set-off based on the actions of a vendor.

June 2010	Property Law Update Leaky homes: issues for owners and legal advisors Price reduction for breach of warranty If it seems to good to be true, it probably is

April 2010	Property Law Update Land transactions - unconscionable behaviour - or not? New Unit Titles Act 2010 - an overview Employee's liability under a lease Is a warranty an essential term of an agreement?

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?

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?

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.

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.

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?

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

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

February 2008	February 2008 issue Boundary Disputes Can Cut Both Ways Trust Us! Affordable Housing

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


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


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.


Relationships

October 2011	How Does the Father of a Child Establish Paternity? Paternity issues can create stress and hard feelings if not dealt with promptly and definitely - not just for the parents concerned, but also for the child. Sometimes that means lawyers and the Family Court must be involved.

July 2011	Can I Move Overseas ... and Take My Child With Me? The most important thing to remember when making decisions about children in a separation is to put yourself in their shoes, and ask if it's the best possible decision for them.

May 2011	Guardianship People are often aware of the term the 'care of children', but are unaware of the term 'guardianship' and what it entails.

May 2010	Giving Up Career For Family – What Recompense Is There If The Marriage Falls Apart? They were both promising accounting students when they met. But it developed into a classic case of the wife putting her career on hold while the man was given full rein to develop his career and to maximise his earning potential.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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.


Trust Law

August 2011	Gift Duty Abolition Last year the Government announced that it proposed to abolish gift duty from 1 October 2011. The abolition proposal was included in a bill introduced to Parliament in early December last year and is now law.

June 2011	Accessing Capital in Your Home It is common for those in retirement years to find themselves asset rich but cash poor. What options are available for accessing funds?

May 2011	Guardianship People are often aware of the term the 'care of children', but are unaware of the term 'guardianship' and what it entails.

June 2010	TrustLaw Property Ownership (tenants in common and joint tenancy) - Trustees' Tax Liability - Removal of Trustees.

May 2010	TrustLaw A trusteeship is a personal obligation. Trustees have this personal obligation in relation to the trust fund, the assets held by the trust and to the beneficiaries of the trust.

December 2009	Can We Trust in Trusts? The Supreme Court clarifies the law on when trusts can be varied following a divorce.

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.

May 2009	TrustLaw Timing is everything - are the assets "safely" in the trust.

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.

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.

June 2008	TrustLaw Beneficiaries' rights to property of a trust. Relationship property - economic disparity. Receiving an inheritance.

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.

October 2007	TrustLaw Immigration to New Zealand - A few estate planning matters to consider.

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.

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?

	Why Have A Trust? There are many reasons for creating a trust, and our team of trust experts briefly cover them here.

	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.

	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.

	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

	Residential Care Subsidies A summary of criteria for eligibility for residential care subsidies for those going into long term care.

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