Archives for General

The purpose of the PPPR is to protect the personal and property rights of people who are not capable of managing their own affairs. This includes, but is not limited to, someone who is mentally ill, has an intellectual disability, or a brain injury that will affect their mental capacity. There are numerous orders that can be granted under the PPPR, but the most common are an Order for Appointment of Welfare Guardian and an Order to Administer Property. The Order for Appointment of Welfare Guardian relates to the welfare of an incapacitated person (“subject person”). A person will apply
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The Employment Relations Act 2000 (“ERA”) and the Human Rights Act 1993 (“HRA”) cover the in-depth processes, remedies and forms of general and sexual harassment in the workplace for New Zealand employees. The Ministry of Business, Innovation and Employment has listed the conduct that is defined as “sexual harassment” in the workplace, and a number of examples of forms of sexual harassment on their website. If you are subject to sexual harassment in the workplace then you can seek to have this resolved either formally or informally. In either case, we suggest that if you are faced with the situation
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Meth contaminated properties A property that has been used to manufacture methamphetamine, or has had methamphetamine smoked inside, can be contaminated with methamphetamine residue that can be present on the surfaces inside the property. A property used for manufacturing this illicit drug has different health implications than a property where the drug was just smoked. The manufacturing process potentially involves additional hazardous chemicals that can leave residue on surfaces. It is important to note that the most common method used in New Zealand for manufacturing methamphetamine does not involve solvents as used in other countries. Instead of the traditional glass
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Property is often purchased and sold in New Zealand, particularly in a seller’s market, via auctions. However, buyers frequently under prepare for an auction and are caught out when the hammer falls. When purchasing at auction, a buyer is making an offer unconditionally. In essence, this means that the highest bidder over the reserve (being the lowest sum that the seller determines it will sell at) is making a binding cash offer and entering a binding agreement with the seller. Accordingly, buyers need to have completed all of their due diligence investigations and asked all of their key questions before
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Alternative Dispute Resolution (“ADR”) methods are an alternative option to going directly to court. Using ADR methods instead of pursuing the matter in court is commonly more cost effective for the parties involved, ADR may also take less time to resolve the dispute. ADR relieves the court of cases which they believe can be resolved without court assistance. This article is the second article in our ADR article series and will focus on arbitration. The arbitration process is governed by the Arbitration Act 1996 and the Arbitration Amendment Act 2007. Arbitration is a formal dispute resolution process whereby two or
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If you enjoy recreational fishing you need to know your limits! There are strict laws stating how many fish you can take in one day and the length. In our region you can take a combined bag of 20 fish including, Snapper, John Dory, Moki and Tarakihi and up to 10 Snapper (must be 27cm in length).  For a full list of the limits click here https://www.fisheries.govt.nz/travel-and-recreation/fishing/fishing-rules/auckland-kermadec-fishing-rules/#twistie          Make sure you don’t venture into the Rodney-Otakari Point (Goat Island) Marine Reserve and the Tawaharanui Marine Reserve – these are special areas reserved for protecting species and habitats for future generations.   Remember you can’t sell or trade any fish or shellfish you catch recreationally. Although you can
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Anti-money laundering has recently been in the spotlight in New Zealand with the Ministry of Justice estimating that almost NZ$ 1.35 billion from fraud and illegal drugs is laundered through ordinary New Zealand businesses each year. To combat this kind of criminal activity, New Zealand’s anti-money laundering laws have been amended through the Anti-Money Laundering and Countering Financing of Terrorism (“AML/CFT”) Amendment Act 2017 (“Amendment Act”). It is intended that this Amendment Act will put practical measures in place that will protect businesses and make it harder for criminals to profit from and fund illegal activity. The amendments appear to
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A shareholders’ agreement (“Agreement”) records the arrangements between the shareholders and directors of a company regarding the ownership, government and management of the company. Companies are not required to implement an Agreement by law. However, implementing an Agreement is recommended as it is designed to address areas regarding governance and control of business activities, whether external or internal, which a company constitution or the Companies Act 1993 may not specifically address. For example, the Companies Act 1993 may not provide specific guidance regarding the process for shareholders exiting a company. This is where an Agreement can be used by shareholders
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