Many legal minds making NZ LAW work

We are an association of independent legal practices, proactively sharing ideas and expertise for the benefit of our clients.

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Fine Print

Published three times a year. Fineprint is NZ LAW's flagship publication with wide-ranging articles.

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Commercial eSpeaking

Covering in-depth business law issues, this newsletter is distributed three times a year to member firms' commercial clients.

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Trust eSpeaking

Published two times a year. Covers stories of interest to trustees and professionals advising on asset protection and trusts.

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Property Speaking

Published three times a year. Keeping property investors and owners abreast of current property issues.

Property Speaking 30 NZ Law

Rural eSpeaking

Covers stories of interest to farmers and those working in the rural sector, in matters relating to New Zealand's heartland.

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Find a Law Firm

If you would to talk with a lawyer on any of the topics covered in any five of our client newsletters.

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Articles

Published 6th June 2019 by Rebecca Nilsen, Cruickshank Pryde

Can be a real risk for business
When the Personal Property Securities Register (the PPSR) was established in 1999, most businesses were quick to catch on that it was a good idea to register security over goods that were sold under a line of credit. What wasn’t so easily recognised is that the register was designed to also capture leases of goods that are indefinite or extend past one year.

Published 6th June 2019 by Jess Collett, Norris Ward McKinnon

Mainzeal case – highlights director responsibilities
The recent high-profile Mainzeal case has highlighted the importance for directors to know and understand their duties under the Companies Act 1993.

Four of Mainzeal’s directors were found liable for $36 million in damages for breaching section 135 of the Act which is headed ‘reckless trading’. This section prohibits directors from agreeing to cause or allow the business of the company to be carried out in a way that is likely to create substantial risk of serious loss to the company’s creditors.

Published 6th June 2019 by Jess Collett, Norris Ward McKinnon

Some possible implications for this country

The Clarifying Lawful Overseas Use of Data Act was enacted in the United States in 2018. It enables federal law enforcement to force US-based electronic communications or remote computing service providers to disclose requested data in their possession, custody or control, whether or not that data is stored in the US or a foreign country. This is a game-changer for global data sovereignty.

Published 5th June 2019 by Adrienne Olsen

As expected the government’s The Wellbeing Budget, presented by the Minister of Finance, the Hon Grant Robertson, on 30 May focussed very much on mental health and child wellbeing.

Published 20th May 2019 by Andrew Bright, RMY Legal

A unit title is a form of property ownership where you own your unit, but the common areas are owned by the body corporate.

Published 30th January 2019 by Nicola Russ, Simpson Western

High Court provides useful guidance for subcontractors.

The collapse last year of Ebert Construction Limited took many in the construction industry by surprise, particularly its subcontractors who were owed retention moneys

Published 30th January 2019 by Jess Collett, Norris Ward McKinnon

Directors have personal liability for company debt in liquidation

A recent decision in the Court of Appeal[1] has made a director liable for almost $500,000 of company debt due to the company’s failure to keep adequate accounting records. The decision highlights the importance for directors to understand their duties under the Companies Act 1993. The Act requires directors to ensure that the company keeps proper financial records.

Published 30th January 2019 by Jess Collett, Norris Ward McKinnon

With the rise of technology, it is usually easier and faster for an agreement or terms to be accepted electronically, as opposed to the traditional signing of a physical document. However, how reliable is that electronic signature/acceptance if a dispute arises between the parties?

Published 30th January 2019 by Jess Collett, Norris Ward McKinnon

The Tax Working Group (TWG), established by the government to consider the future of tax in New Zealand, intends publishing its recommendations very soon.

This report will follow the TWG’s September 2018 interim report that considered the possible introduction of a capital gains tax (CGT) in New Zealand. The details of how a CGT would work are yet to be clarified, as there are a number of different options that could be taken on implementation and the design detail of such a tax. It is hoped that the TWG’s report will provide further details.

Published 17th December 2018 by Neil Dent, Gifford Devine

The legal implications of diversifying your farming operationAgri-tourism and food are growing sectors in New Zealand.