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.

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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 18th November 2020 by Tim Oliver, Horsley Christie

Hefty consequences for getting it wrong when company was in financial distress

In September 2020, the Supreme Court released its keenly anticipated decision in the Debut Homes case. This decision illustrates the risks for directors where a company is experiencing irrecoverable financial distress.

Published 14th September 2020 by Rebecca Nilsen, Cruickshank Pryde

How many schemes are you eligible under?
Since the pandemic arrived on our shores, the government has made available multiple types of financial relief; more than one may be available to your business. Although applications under the popular Wage Subsidy Scheme ended on 1 September 2020, other options are still available for support if you need it.

Published 14th September 2020 by Rebecca Nilsen, Cruickshank Pryde

For all overseas purchasers

It seems as though the Overseas Investment Office (OIO) has been under constant evolution over the last two years. In June, the OIO enacted a change that now requires all overseas purchasers of New Zealand business assets to submit a notification to the OIO before the transaction takes place — regardless of the asset value. This submission will allow the OIO to monitor and prevent New Zealand asset ownership being unnecessarily diluted due to stressed sales caused by unprecedented economic pressures from COVID.

Published 4th August 2020 by Neil Dent, Gifford Devine

More on COVID and access issues to land

In the Autumn edition of Rural eSpeaking we discussed the situation that COVID had caused with leases where tenants were unable to access their premises due to lockdown restrictions. Potential issues for the rural leasing sector arose from this problem, particularly given that rural leases are often in a different form to urban commercial property leases.

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.