Lease Renewals – Not as simple as you might think…
A right of renewal provides a commercial tenant with the option to enter into a new lease with a landlord when the current lease expires. If a tenant fails to give notice of intention to renew the lease, the risks can be significant. The tenant may lose the right to renew and the ability to […]
Investments, Gifts And Business Interests
What impact does separation have on my or our business interests? Separation can impact your business interests. For example, if you have shares in a company that you have acquired during your relationship, your ex-partner is presumed to have an equal entitlement to them when you separate. This applies even though your ex-partner may have […]
Workplace Employment Investigators Require a Licence or Practicing Certificate
There has been a recent, and significant, clarification of the licensing requirements for employment investigators. Independent employment investigators are often appointed by employers to assist in the investigation of employee misconduct, particularly where there are allegations of bullying or sexual harassment. There are a range of options for employers looking for someone to undertake an […]
Our home, and other property
Who will remain in the family home? Separation has a range of practical consequences, one of which is significant change to your living arrangements. Couples often remain living together right up until they formally separate. Then what? You will have to decide who keeps the home in the long term when deciding how to divide […]
Vaccine mandate order overturned for Police and Defence Force
As it turns out, vaccine mandates may not be enforced as easily as originally anticipated. A recent COVID-19 High Court case has determined the vaccine mandate for police and defence force staff to be ‘unlawful’[1]. The order requiring New Zealand police and defence force to be vaccinated has now been quashed. Background: On February 25 […]
New High Court Decision on Right Of Way Easements
In a recent High Court case, an order was made compelling the owner of a private driveway to allow their neighbour to install a new gate on that driveway. This decision, made in response to a dispute between Ruby & Rata Ltd (“Ruby”) and the Eagle Trust, highlights the importance of carefully reviewing the record […]
Guidance for employers and employees during the resignation process.
After watching Rt Hon Jacinda Ardern step down from her role as Prime Minister in January, we considered it an appropriate time to provide some guidance to both employees and employers about the resignation process in New Zealand. Resignation is a process where an employee voluntarily terminates their employment agreement with their employer. While resignations […]
Property purchasers beware! Rights of way: How to prevent neighbour warfare
A recent case has highlighted the importance of proper due diligence by purchasers in assessing legal title to a property and, more particularly, the effect of any right of way easement affecting the title. Purchasers are often, understandably, more concerned with the clear-cut aspects of a purchase; the price, the condition of the building and […]
Employment Court Clarifies Criteria for Fixed Term Employment Agreements
A sincere belief that the circumstances warrant a fixed term agreement will not meet the criteria set by the Employment Relations Act Fixed term employment agreements are strictly regulated by section 66 of the Employment Relations Act 2000 (“the Act”). If the criteria set by section 66 are not met, a fixed term agreement may […]