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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.

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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 22nd June 2020 by Andrew Bright, RMY Legal

Clause 27.5 and inability to access premises

In the past three months, most landlords and tenants would have become more familiar with the details of their lease. In particular, most will be looking at how clause 27.5 of the Auckland District Law Society (ADLS) lease applies to the government-imposed lockdown that we have all experienced as a result of COVID-19.

Published 19th May 2020 by Sam Hood & Jesse Savage, Norris Ward McKinnon

COVID-19 can be ‘frustrating’
COVID-19, and the restrictions imposed by the government in an attempt to control it, have deeply affected our lives. However, it’s not just our social lives that have become frustrated. Some businesses and individuals have found themselves party to a contract they can no longer perform due to COVID-19 and the government restrictions. Whether it is an event scheduled during a lockdown that can no longer be held, a customer who you can no longer supply or transport goods to due to travel or border restrictions, or a service you can no longer provide, the ‘doctrine of frustration’ may be able to help.

Published 1st May 2020 by Neil Dent, Gifford Devine

What if I can’t get on the land in an extraordinary situation?

As a result of the COVID-19 Alert Level 4 situation, one of the issues that has arisen in the commercial leasing area is that of tenants being unable to access their leased buildings. These tenants are in non-essential industries and are therefore prohibited from working, other than from home. This affects commercial leases right across the spectrum from hospitality, retail, office to warehousing.

Published 24th March 2020 by Margaret Matthew, Rennie Cox

Company structure or sole trader for business?
You have decided to quit your job, and go out on your own to run your own business. Do you form a company or trade in your own name? We outline some of the pros and cons of these two options to help you make a decision.

Published 24th January 2020 by Rebecca Nilsen, Cruickshank Pryde

Rewarding value and increasing engagement
Bringing a key employee or a family member into your business by offering them a shareholding can be a powerful motivator and a significant indicator of how much you value their contributions to your success. However, the process should be done carefully with a robust shareholders’ agreement and company constitution, as there are many facets of the company-shareholder relationship that must be agreed upon to ensure a harmonious future between yourself and the new shareholders.

Published 24th January 2020 by Rebecca Nilsen, Cruickshank Pryde

Consultation is key
New year, new you – new business structure? Restructuring is common in the new year when business owners feel refreshed and ready to take on the next challenge. The process however, is often shrouded in uncertainty (and stress) for employees.

Following the correct procedure for a restructure will allow your employees time to feel heard and to ensure decisions are made in good faith. They need to know your plans so they can ask the right questions and get the required support during a restructuring process.

Published 5th November 2019 by Andrew Bright, RMY Legal

Before you sign the lease
Commercial leases come in varying shapes and sizes. Whether you operate a transport business and need a place to park your trucks, manufacture and sell goods from a warehouse or conduct your trade from a boutique store in the heart of the CBD, your lease agreement will be at the heart of your business.

Before you sign a lease, there are a number of core issues to consider. It is important to do your homework and talk with us before you commit to anything.

Published 11th September 2019 by Car San Diego, Rejthar Stuart Law

Have an expertly-drafted agreement
Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements. In a business context, they offer protection to a buyer who has acquired a business and prevent the seller from directly competing against the buyer. A restraint provision in an employment context is designed to protect the employer’s business interests when key employees leave. There’s a general perception that these clauses are difficult to enforce, so why bother?

Published 11th September 2019 by Tanya Surrey, Mactodd

How the clean slate legislation works
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging. Today’s employers go through a rigorous process when recruiting; most believe it’s better to put time into getting the right person than to have to deal with the consequences if things don’t work out.

One aspect of all staff recruitment is background checks on applicants. This is more important in some roles than others.

Published 31st July 2019 by Andrew Bright, RMY Legal

Steps to take for a successful project
Subdivisions are more common than you think. A subdivision can range from the carving up of hundreds of acres of rural land for housing, developing land in a prime commercial area, selling half your quarter-acre section or simply wanting to extend your boundary a few metres. Whatever the scale of your subdivision, there is a common thread of stages to be ticked off – we explain below.