Govett Quilliam Blog

Safeguarding Business in a Rapidly Evolving Tech Environment
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Safeguarding Business in a Rapidly Evolving Tech Environment
As scams, hacking and data breaches become more prevalent, data protection and cybersecurity are areas that businesses increasingly need to stay on top of, especially as they adopt more apps and cloud-based solutions.
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Credit Card Surcharges: Are They Fair?
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Credit Card Surcharges: Are They Fair?
Credit card and PayWave surcharge rates have drawn significant attention from the Commerce Commission and highlight the importance of consumer protection.
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Could recordings in the workplace be used against you?
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Could recordings in the workplace be used against you?
In the digital age we live in, smartphones and other devices are always within reach, capable of capturing and uploading content at any given moment. But what does this mean for our privacy?
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GQ appoints new CEO
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GQ appoints new CEO
We are delighted to announce the appointment of André Nobbs as CEO of Govett Quilliam.
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Client Journeys: Stories of Success
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Client Journeys: Stories of Success
We pride ourselves in supporting our clients through all walks of their legal journeys. Whether this involves supporting clients in selling long-standing businesses, guiding first-time home buyers, helping families continue their legacies, or kick-starting a couple's dream of building their perfect home, we are here for you every step of the way.
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Gloriavale v BNZ: Why BNZ can't close accounts over child labour...yet
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Gloriavale v BNZ: Why BNZ can't close accounts over child labour...yet
When you have a contract that gives you the discretion to stop providing services “for any reason”, surely that means you can use "any reason" to stop providing services?
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The politics and law of contractors vs employees
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The politics and law of contractors vs employees
One could argue that, in substance, little has changed to our labour laws in the handover between our current coalition government and the previous Labour government.
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Shifts in the Resource Management Landscape
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Shifts in the Resource Management Landscape
Following on from the repeal of the Natural and Built Environment Act 2023 and the Spatial Planning Act 2023 late last year, the resource management landscape is set to continue shifting with the government’s pursuit of another round of changes.
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Facial recognition technology sparks privacy concerns
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Facial recognition technology sparks privacy concerns
Recently, a selection of retailers around the country have been trialing a biometric security tool that takes security footage to the next level — your face gets scanned upon entry and run through a database comparing you against the stored identities of previous offenders.
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Former Port of Auckland CEO Faces Trial Over Workplace Fatality
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Former Port of Auckland CEO Faces Trial Over Workplace Fatality
The trial against former Port of Auckland CEO Tony Gibson commenced last week following the workplace fatality of a stevedore at the Port back in 2020.
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AI and Misleading Advertising — What are the consequences?
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AI and Misleading Advertising — What are the consequences?
A recent Willy Wonka inspired experience which went terribly wrong highlights potential issues with using Artificial Intelligence (AI) in advertising.
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Ellie Wilson Continues GQ’s Legacy of Female Leadership
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Ellie Wilson Continues GQ’s Legacy of Female Leadership
We are proud to share that Ellie Wilson has been appointed partner of the firm, effective 1 April 2024.
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Employment developments impacting Athletes and Postal Workers
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Employment developments impacting Athletes and Postal Workers
This last week has seen two important employment law announcements, with The Athletes’ Cooperative Incorporated having a significant win in the Employment Relations Authority, and New Zealand Post announcing their plan to replace their employees with contractors.
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Kapuni Green Hydrogen Hub given the green light by the Court of Appeal
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Kapuni Green Hydrogen Hub given the green light by the Court of Appeal
As 2023 drew to a close, the Court of Appeal released its much-anticipated decision on the Kapuni Green Hydrogen Project (Project).
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Surviving a Separation during the Silly Season
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Surviving a Separation during the Silly Season
The Christmas holiday season can be an emotionally challenging time for many. While this time of year is often associated with family gatherings and togetherness, many face financial and social pressures associated with living up to those expectations.
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Post-Election Employment Law
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Post-Election Employment Law
With a coalition government imminent, it is clear that we are going to see various changes to employment law. While we can speculate what these might be, there are some proposed changes that are more likely to occur once this coalition is formed.
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Employment law under a coalition government
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Employment law under a coalition government
With special votes confirming the possibility of a three party coalition (comprising National, Act and New Zealand First), a further wait is now required before those respective groups trade their bottom lines to agree on ministerial postings, and, as important, the likely delivery of policy.
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Incorporated Societies – What’s changing?
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Incorporated Societies – What’s changing?
The way incorporated societies are run in New Zealand, as well as their duties and responsibilities, is changing under the new Incorporated Societies Act 2022 (Act).
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What happens if you die without a Will?
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What happens if you die without a Will?
It’s often assumed that if you don’t have a Will when you die, your assets will simply go to your next of kin.
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Mainzeal's directors lose Supreme Court appeal
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Mainzeal's directors lose Supreme Court appeal
The Supreme Court decision ordered that Mainzeal’s former directors contribute a total of $39.8 million, plus interest, to the company’s assets, for breaches of the Act.
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Proposed increase to trustee tax rates – Why, How & When?
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Proposed increase to trustee tax rates – Why, How & When?
Proposed tax law changes may increase tax rates for trustees
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Can an emoji be legally binding?
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Can an emoji be legally binding?
Emojis, those tiny digital icons that express emotions and reactions, have become a common part of our daily conversations. But can a simple thumbs up emoji hold any legal weight, especially when it comes to forming contracts?
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How is relationship property divided when a polyamorous relationship ends?
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How is relationship property divided when a polyamorous relationship ends?
Relationships have evolved considerably in the last fifty years from "coupledom", and polyamorous relationships are on the rise. The recent Supreme Court decision of Mead v Paul [2023] NZSC 70 concerns the novel issue of how to treat polyamorous relationships under the Property (Relationships) Act 1976 (“the PRA”). A key tension in this case is that the PRA has not kept up with social change.
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Relationship Property and Trusts: A 'trust-busting' case
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Relationship Property and Trusts: A 'trust-busting' case
The recent Supreme Court decision of Sutton v Bell is the latest “trust-busting” case to be released.
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Do I need a Building Report before buying a house?
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Do I need a Building Report before buying a house?
If you’re debating whether or not to get a builder’s report before buying a house, we strongly recommend you do. A building report is a comprehensive assessment of the property’s condition and can help you avoid costly surprises and unexpected repairs in the future.
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A 'Rich' new era for GQ
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A 'Rich' new era for GQ
Govett Quilliam are proud to announce the appointment of two new partners: Richard Lyttelton and Richard Williams, effective 1 June, 2023.
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Commercial Leases in New Zealand
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Commercial Leases in New Zealand
Commercial lease agreements are contracts that define the relationship between the landlord and the tenant and sets out both parties' rights and obligations. In New Zealand, there is no prescribed form of commercial lease, the parties are free to draft their own lease agreement tailored to their specific situation.
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The Geoff Shearer Era
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The Geoff Shearer Era
If you know GQ, you almost certainly know Geoff Shearer. And that's because Geoff's been around longer than most of us can remember. However, this year marks the end of an era as Geoff steps down from his long-standing role of partner into the position of consultant, with plans to retire at the end of 2023.
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Court demonstrates flexibility in relation to voluntary administration regime
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Court demonstrates flexibility in relation to voluntary administration regime
The purpose of the voluntary administration regime under the Companies Act 1993 (Companies Act) is to provide insolvent (or nearly insolvent) companies with breathing room to either: (a) restructure/rehabilitate the company to allow it to continue trading; or (b) to re-organise the affairs of the company in a way which maximises the return to creditors and shareholders on a slightly delayed liquidation of the company.
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Proposed Amendment to Directors' Duties
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Proposed Amendment to Directors' Duties
When it comes to the 'best interests' of a company, one view assumes that maximising shareholders' return should be the paramount factor in directors' decision making.
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Employment in a “gig” economy – independent contractors and employees
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Employment in a “gig” economy – independent contractors and employees
As our labour market changes with current economic forces, there is a growing pressure on the way in which employers characterise and organise their workers.
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A business' guide to the Consumer Guarantees Act
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A business' guide to the Consumer Guarantees Act
If you or your business makes, sells or imports consumer products, you need to be aware of your obligations.
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Partner Spotlight: Paul Franklin
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Partner Spotlight: Paul Franklin
If you’re a long standing client of Govett Quilliam’s you’re likely to recognise partner Paul Franklin.
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Shake up of the Resource Management System
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Shake up of the Resource Management System
In November 2022 the Environment Minister David Parker introduced the Natural and Built Environment Bill and Spatial Planning Bill, two of the three pieces of legislation that make up the reform of the current resource management system.
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Taranaki truly offers it all
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Taranaki truly offers it all
We know Taranaki is a special place to live, work and play. Our team is continuously growing and more commonly are we seeing growth from outside the region join our firm.
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Selections resume for the Skilled Migrant Visa Category
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Selections resume for the Skilled Migrant Visa Category
The New Zealand Government is reopening the Skilled Migrant Visa Category.
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Birthing injuries now covered by ACC after passing of new law
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Birthing injuries now covered by ACC after passing of new law
GQ Special Counsel Ellie Wilson gives her take on the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Bill.
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New Active Investor Plus Visa - open for applications
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New Active Investor Plus Visa - open for applications
The Government has created a new "Active Investor Plus" visa category, intended to attract high-value investors to New Zealand.
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Looking to subdivide or buy a subdivided property?
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Looking to subdivide or buy a subdivided property?
Are you considering subdividing your land or purchasing a house that has been subdivided? This article will help you understand more about the subdivision process, if you can subdivide, what to do once you have consent and much more.
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Directors and Creditors: know your rights and obligations in a post-Covid world
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Directors and Creditors: know your rights and obligations in a post-Covid world
With government support for business coming to an end, it is important to know where you stand.
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The Emissions Reduction Plan – Transformational or more political hot air?
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The Emissions Reduction Plan – Transformational or more political hot air?
GQ Partner Lauren Wallace gives her take on the Government's plan.
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Back To The Office? An Employer/Employee Tug O’ War
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Back To The Office? An Employer/Employee Tug O’ War
Partner Troy Wano gives an inside scoop on this post-covid predicament.
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'Immigration Rebalance' Bringing Major Changes To NZ Visa Settings
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'Immigration Rebalance' Bringing Major Changes To NZ Visa Settings
The Government is adjusting immigration settings, as it moves to fully reconnect with the world by 31 July 2022.
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Mercury Charged With Misleading Customers – A Business Lesson
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Mercury Charged With Misleading Customers – A Business Lesson
The Commerce Commission has filed seven charges against Mercury NZ under the Fair Trading Act for making false and/or misleading representations.
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Changes To Small Trade Contract Provisions Come Into Play August 16th
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Changes To Small Trade Contract Provisions Come Into Play August 16th
Businesses will need to ensure that any small trade contracts comply with the changes outlined in the Fair Trading Amendment Act 2021.
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National Volunteer Week 2022
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National Volunteer Week 2022
At Govett Quilliam, we have been reflecting on what we know to be true – we are community people, and our culture is deeply rooted in giving back.
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High Court Decision Strengthens Caselaw Upholding Tikanga As Unique Source Of Law
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High Court Decision Strengthens Caselaw Upholding Tikanga As Unique Source Of Law
A recent High Court decision1 has strengthened the body of caselaw which upholds tikanga as a unique source of law.
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More Support For First Home Buyers
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More Support For First Home Buyers
Announced in Budget 2022, more New Zealanders are able to get into their first home because of changes to First Home Grants and First Home Loans.
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What The Border Opening Means For New Zealand Visas
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What The Border Opening Means For New Zealand Visas
The New Zealand border opening has been brought forward, and there are significant changes for both worker and visitor visas.
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Second Partner Appointed To District Court Judge In Six Months
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Second Partner Appointed To District Court Judge In Six Months
Partner Alex Laurenson has been appointed a District Court Judge (effective 4 May, 2022), which will see him moving to Papakura.
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Incorporated Societies Act: How Will It Affect Your Incorporated Society?
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Incorporated Societies Act: How Will It Affect Your Incorporated Society?
Over 24,000 incorporated societies in New Zealand will be affected by the recent changes brought in by the Incorporated Societies Act 2022.
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Introducing Our New Team Members
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Introducing Our New Team Members
Our Stratford office is officially open and our team continues to grow. We are so pleased to welcome Alison Cole, Kozett Guise-Smith, Angela Paton and Robyn Raven-Allen to the GQ team.
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How Do Sunset Clauses Work?
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How Do Sunset Clauses Work?
What is a sunset clause, and should you sign a contract with one?
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Law Meets Life At GQ
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Law Meets Life At GQ
As an Associate at Govett Quilliam (GQ), Kate’s legal career has taken her full circle – from growing up in Stratford, to leading the way for GQ’s new Stratford practice (to launch on 1 April, 2022).
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Cementing Our Commitment to Central And South Taranaki
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Cementing Our Commitment to Central And South Taranaki
Govett Quilliam is committed to providing exceptional legal services to all of our Taranaki clients. Therefore, it is a natural progression that in addition to our New Plymouth and Inglewood offices, we cement a strong and trusted presence in Stratford.
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Spousal Maintenance: What Is It?
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Spousal Maintenance: What Is It?
Money matters can be a pressing issue following the end of a relationship. Common questions at this time include ‘what happens when I can’t afford to support myself after the break up?’ or ‘do I have to financially support my ex-partner?’.
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5-Step Plan Announced To Reconnect New Zealand To The World
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5-Step Plan Announced To Reconnect New Zealand To The World
Today (3 February, 2022), Prime Minister Jacinda Ardern announced the government’s 5-step plan to ease the current tensions and restrictions of the MIQ landscape.
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Who Keeps The Dog In A Break Up?: What You Need To Know
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Who Keeps The Dog In A Break Up?: What You Need To Know
When a couple with a beloved pet separates, it can become complicated when it comes to the dog...
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Covid-19 And Employment Law: FAQ
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Covid-19 And Employment Law: FAQ
In the past few months there have been plenty of rapid developments in relation to COVID-19 and employment law, including the country moving into the COVID-19 Protection Framework (traffic light system). We answer some commonly asked questions...
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The Trusts Act 2019 – What Have We Learnt So Far?
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The Trusts Act 2019 – What Have We Learnt So Far?
It has almost been a year since the Act came into force and it is a good time to summarise some of the important provisions and also consider a few implications that have been observed over the last 12 months.
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The COVID-19 Vaccination Risk Assessment Tool
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The COVID-19 Vaccination Risk Assessment Tool
The recently created risk assessment tool – a refinement of an earlier risk assessment for staff – may assist in helping employers decide whether workers can only carry out their roles by being vaccinated.
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GQ Partner Paul Shearer Appointed District Court Judge
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GQ Partner Paul Shearer Appointed District Court Judge
Partner Paul Shearer has been appointed a District Court Judge (effective 30 November, 2021) which will see him moving south to the Garden City - Christchurch. Paul's tireless commitment to the Taranaki community has been admirable and with over 29 years at GQ, he will be truly missed.
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Introducing Catherine Grogan As Partner Of GQ
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Introducing Catherine Grogan As Partner Of GQ
We are proud to share that Catherine Grogan has been appointed Partner of the firm, effective 1 January, 2022.
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Setting Up A Business - A Guide
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Setting Up A Business - A Guide
People often have an idea for a start-up or dream of breaking out and starting their own business. But how do you know whether to take the plunge or even what’s involved? We’ve put together an overview of the most important considerations for those looking to start a business.
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Commercial Leases: Covid-19 Response (Management Measures) Legislation Act 2021 in Force
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Commercial Leases: Covid-19 Response (Management Measures) Legislation Act 2021 in Force
Parliament have made some notable amendments to the Covid-19 Response (Management Measures) Legislation Bill, including the start date of the “affected period” and how the parties are to determine “fair proportion” of the rent that will cease to be payable.
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Law Changes for Businesses – Unfair Contracts
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Law Changes for Businesses – Unfair Contracts
Parliament recently passed an amendment to the Fair Trading Act 1986 (“the Act”). The Act is an important piece of law which impacts how businesses in New Zealand operate. The upcoming law changes are particularly interesting as they go beyond standard consumer protections to affect dealings between businesses.
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What Are My Responsibilities As A Trustee Of A Māori Land Trust?
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What Are My Responsibilities As A Trustee Of A Māori Land Trust?
Trustees perform a crucial role in the administration and management of Māori land. Trustees of a Māori Land Trust have many important duties and responsibilities to fulfil and must comply with the provisions of Te Ture Whenua Māori Act 1993 and the Trusts Act 2019 (formerly, the Trustee Act 1956).
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Tax Treatment Of Māori Authorities
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Tax Treatment Of Māori Authorities
Are you a trustee of a Māori land trust? Are you a committee or management member of a Māori incorporation or a governor of another entity subject to Te Ture Whenua Māori Act 1993? Have you considered applying to Inland Revenue Department to be treated as a Māori authority for tax purposes?
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New Changes To Commercial Leases Under The COVID-19 Response (Management Measures) Legislation Bill
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New Changes To Commercial Leases Under The COVID-19 Response (Management Measures) Legislation Bill
The Government has proposed new changes to commercial leases under the COVID-19 Response (Management Measures) Legislation Bill, to further support COVID-19 impacted businesses and tenants.
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No Jab, No Job, No Easy Decisions!
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No Jab, No Job, No Easy Decisions!
As vaccination rates have become a near daily obsession, employers continue to consider the various legal rights and obligations that intersect at our workplaces.
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2021 Resident Visa Offers Residence Pathway For Eligible Migrant Workers
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2021 Resident Visa Offers Residence Pathway For Eligible Migrant Workers
On 30 September 2021, the Government announced a new one-off residence visa pathway for some temporary work visa holders currently in New Zealand.
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20 Year Exemption For 'New Builds' From Tax Rule Change
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20 Year Exemption For 'New Builds' From Tax Rule Change
The Government has set out the details of the 20 year new build exemption which is a carve out to the policy limiting interest deductibility on residential property investments.
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A New Wave Of Legal Expertise For Central Taranaki
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A New Wave Of Legal Expertise For Central Taranaki
Govett Quilliam is committed to meeting our rural client needs. As part of this commitment, and to further strengthen our service, we have some dedicated legal expertise to introduce to Central Taranaki.
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A legal insight into the immigration situation
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A legal insight into the immigration situation
The rules governing New Zealand’s immigration can be confusing. The added complexity of a global pandemic, border closures and rapidly-changing policies haven’t helped. Here’s a brief snapshot of what we are seeing in the immigration law space, a heads-up about some of the impending changes and some things to think about if you are a visa holder or if you employ migrant workers.
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Employment Relations Authority upholds dismissal of unvaccinated employee
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Employment Relations Authority upholds dismissal of unvaccinated employee
In one of the first decisions relating to the dismissal of an employee refusing vaccination, the Employment Relations Authority (‘the Authority’) released its decision on 1 September 2021 in the case of GF v New Zealand Customs Service [2021] NERA 382.
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How covid restrictions are affecting visa applications
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How covid restrictions are affecting visa applications
Immigration New Zealand is operating under covid alert level restrictions. Paper applications are currently unable to be processed as their offices are closed and staff are working from home.
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Navigating the return to work after a Covid-19 lockdown
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Navigating the return to work after a Covid-19 lockdown
Employment law still applies to all employment relationships, despite COVID-19 related lockdowns. Both employers and employees must continue to act in good faith and meet minimum legal obligations.
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Q&A: The COVID-19 Vaccine and Employment Law
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Q&A: The COVID-19 Vaccine and Employment Law
Employment law still applies to all employment relationships, despite COVID-19 related lockdowns. Both employers and employees must continue to act in good faith and meet minimum legal obligations.
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Introducing our new Associate, Richard Lyttelton
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Introducing our new Associate, Richard Lyttelton
Richard swapped the hustle and bustle of Auckland for the Taranaki lifestyle, to join Govett Quilliam as an Associate in our Family Law Team. Richard is based in our New Plymouth office and works closely alongside Partners Alex Laurenson and Paul Shearer.
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What you need to know about the Migrant Exploitation Protection Work Visa
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What you need to know about the Migrant Exploitation Protection Work Visa
On 1 July 2021, the New Zealand Government announced the introduction of the Migrant Exploitation Protection Work Visa (MEPWV).
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COVID-19 Vaccines: Employment Guidance from MBIE
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COVID-19 Vaccines: Employment Guidance from MBIE
The COVID-19 vaccine rollout is well underway in New Zealand. Both employers and employees should understand the guidelines around the vaccine.
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Minimum sick leave entitlement to increase from 24 July
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Minimum sick leave entitlement to increase from 24 July
The Holidays (Increasing Sick Leave) Amendment Bill received Royal Assent on 24 May 2021, with the changes amending the Holidays Act 2003 coming into effect on 24 July 2021.
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Extended Essential Skills visas being rolled out
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Extended Essential Skills visas being rolled out
From today (Monday 19 July, 2021), Essential Skills visa holders who apply for a new visa to remain in their current job will be able to stay for longer. This change is intended to provide certainty to employers and at least 18,000 visa holders while COVID border restrictions remain in place.
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Refunds for unprocessed temporary visa applications for offshore applicants
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Refunds for unprocessed temporary visa applications for offshore applicants
While strict border controls are still in place to help prevent the spread of COVID-19, Immigration New Zealand cannot legally grant visas to people outside of New Zealand who are unlikely to meet the border entry requirements.
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Accredited Employer Work Visa to replace 6 work visas
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Accredited Employer Work Visa to replace 6 work visas
As of July 2021, significant changes to employer-assisted work visas are underway. From 1 November 2021, the new Accredited Employer Work Visa (AEVW) will replace 6 work visas.
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The importance of Wills and Enduring Powers of Attorney
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The importance of Wills and Enduring Powers of Attorney
Having enduring powers of attorney (EPAs) and a will in place is important for every adult whatever their age. A will is a legal document that lets you decide how you want your property, care for your dependants (partner, children etc.) and your body to be dealt with after you die. EPAs allow you to appoint a trusted person(s) to make decisions on your behalf regarding your property and health when you are unable to do so yourself, during your lifetime.
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National Volunteer Week
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National Volunteer Week
National Volunteer Week Te Wiki Tūao ā-Motu is a time to honour the collective energies and mana of all volunteers in Aotearoa. At Govett Quilliam, we have been reflecting on what we know to be true – we are community people, and our culture is deeply rooted in giving back.
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Misleading price ‘discounts’: When advertising techniques become an offence
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Misleading price ‘discounts’: When advertising techniques become an offence
It’s normal for businesses to want to make their prices as enticing as possible. At what point does advertising cross the line and become misleading, or even an outright lie?
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How much does a lawyer cost when buying your first home?
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How much does a lawyer cost when buying your first home?
Buying your first home can be a very daunting experience. Not only are the sums involved absolutely mind-blowing but buying a home has a few knock-on costs that need to be factored in.
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How can we help with your peace of mind?
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How can we help with your peace of mind?
It can be difficult to contemplate and plan for the future. Often this is due to lack of time, a rapid changing environment or simply not knowing where to begin. At Govett Quilliam we have developed an expertise via our Personal Planning Team in assisting clients to understand and organise their property and personal affairs to their best advantage.
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When do I need a Will?
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When do I need a Will?
A 2017 independent survey reported around 1,500 New Zealanders every year die without a Will. Thinking about your own personal mortality can be difficult however, having a Will allows you to have a say about what happens to your assets after you have passed.
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Explaining Enduring Powers of Attorney
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Explaining Enduring Powers of Attorney
Research has shown that only 80% of New Zealanders have heard of Enduring Powers of Attorney (EPAs) and only 15% of those who knew about EPAs actually have one.
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Buying and selling a house at the same time
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Buying and selling a house at the same time
It's unlikely that the first home you buy will be your forever home. As your family grows or your salary increases you may find yourself wanting to upgrade your current home to one with more rooms, different features, or in new area of town. However, like many people, you may find yourself in the predicament of having to sell your current home in order to finance your next one.
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Law changes for rates and Māori land
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Law changes for rates and Māori land
On the 6th of April, the Whenua Māori Rating Amendment Bill passed its third reading which aims to reduce the barriers for Māori landowners who wish to better utilise and develop their whenua, particularly for those who have rates arrears.
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Planning to open your business over the Easter or ANZAC holidays?
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Planning to open your business over the Easter or ANZAC holidays?
Regardless of Covid-19 Alert levels, there are some essential rules that apply over the Easter and ANZAC holidays that affect employer obligations to their employees and the ability of shops to trade.
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Proposed Changes for Residential Property
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Proposed Changes for Residential Property
The Government has announced a housing package that they believe will increase the supply of houses and remove incentives for speculators, to deliver a more sustainable housing market.
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Loving Life and Law
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Loving Life and Law
Here at GQ we believe that attracting fresh, committed and passionate lawyers results in businesses benefiting from the best in world-class legal talent.
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Update to the Holidays Act
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Update to the Holidays Act
The Government has recently announced amendments to holidays legislation, planned to come into effect in early 2022. The Government has accepted all of the changes recommended by the Holidays Act Taskforce, which was established to suggest improvements to the Holidays Act 2003.
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Can an employer force an employee to get the Covid-19 vaccination?
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Can an employer force an employee to get the Covid-19 vaccination?
The first batch of Covid-19 vaccines landed on New Zealand shores yesterday (15 February 2021), and it is reported that vaccinations are to begin this Saturday 20 February. The Government have communicated that the frontline workforce will be vaccinated first, for example, border staff and MIQ workers. Vaccine roll-out to the general public is planned to occur in the second half of 2021.
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Resource Management Act to be repealed and replaced
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Resource Management Act to be repealed and replaced
On 10 February 2021 David Parker, the Minister for the Environment, announced that the Resource Management Act 1991 (RMA) will be repealed and replaced with three new pieces of legislation.
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Law changes for tenants and landlords
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Law changes for tenants and landlords
The Residential Tenancies Act 1986 (“the Act”) sets out the laws all landlords and tenants must comply with in New Zealand. In three phases, New Zealand is to experience the largest reform of its tenancy laws in thirty-five years.
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Couple used children as company directors and shareholders to evade tax
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Couple used children as company directors and shareholders to evade tax
An Auckland couple has been in the news in recent weeks for repeatedly registering their teenage children as directors and shareholders of their companies, reportedly to evade tax.The District Court judge said Tamanini and Uputaua Muaiava used their children like “puppets” to evade an estimated $431,644 in tax.
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Staying on the right side of Consumer Law
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Staying on the right side of Consumer Law
New World’s recent and most popular ever promotion has caused quite a stir! Shoppers around New Zealand have been scrambling to collect stickers which can be earnt by shopping at New World in order to redeem them for Smeg knives and knife blocks.
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Lockdown affected employees not entitled to minimum wage
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Lockdown affected employees not entitled to minimum wage
The Employment Court issued its first Covid-19 related decision, Gate Gourmet v Sandhu [2020] NZEmpC 237 on 21 December 2020.
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Whaakari/White Island Eruption – WorkSafe prosecutes 13 parties
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Whaakari/White Island Eruption – WorkSafe prosecutes 13 parties
On Monday 30 November 2020, WorkSafe New Zealand filed charges in the Auckland District Court against 13 parties over the Whaakari/White Island eruption which occurred on 9 December 2019.
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Proposed changes to sick leave
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Proposed changes to sick leave
The Government has announced plans to double sick leave entitlement for employees, which may be in place by late next year.
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PhD and postgraduate students can return to study in New Zealand
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PhD and postgraduate students can return to study in New Zealand
The Government has established a new category that will allow 250 international PhD and postgraduate students to enter New Zealand and continue their studies, in the latest set of border exceptions.
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New border exception for normally resident work visa holders
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New border exception for normally resident work visa holders
On 9 September 2020, the Government announced it was creating a new border exception category to enable the return of some temporary work visa holders who are overseas and have strong, ongoing links to New Zealand.
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Peter Ellis appeal: treatment of tikanga Māori within our legal system
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Peter Ellis appeal: treatment of tikanga Māori within our legal system
Yesterday, the Supreme Court of New Zealand announced the Peter Ellis appeal against his charges can continue after his death. This statement from our highest court will build on the conversations happening in our legal system about the status and infusion of tikanga Māori within our law.
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Changes to the Residential Tenancies Act
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Changes to the Residential Tenancies Act
The Government have passed the Residential Tenancies Amendment (RTA) Bill 2020. The amendments make a number of changes to the Act, which will affect both landlords and tenants.
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Commercial Leases to receive Arbitration Subsidy
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Commercial Leases to receive Arbitration Subsidy
On 30 July the Government released an announcement stating that it will provide $40 million to fund arbitration to help assist commercial lease parties settle rental disputes that occurred over lockdown.
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2020 Western Architecture Awards Announced
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2020 Western Architecture Awards Announced
Fifteen projects have received awards in the 2020 Western Architecture Awards, a peer-reviewed programme run by Te Kāhui Whaihanga New Zealand Institute of Architects (NZIA).
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Privacy Protection Laws fit for a Data Rich Society
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Privacy Protection Laws fit for a Data Rich Society
Life in the digital age means that we increasingly collect, store and disclose personal information like never before. The new Privacy Act 2020 provides a much needed change to privacy law in New Zealand, refreshing the 27-year-old Privacy Act 1993, ensuring we align with international best practice.
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Greater Employee Rights in Triangular Employment Relationships
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Greater Employee Rights in Triangular Employment Relationships
On 27 June 2020 the law changed to protect employees who are legally employed by one employer but carry out their day-to-day work under the direction of another business or organisation. These employees are now able to hold their day-to-day employer responsible for their actions through the enactment of the Employment Relations (Triangular Employment) Amendment Act 2019.
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The COVID-19 Recovery (Fast-track Consenting) Bill
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The COVID-19 Recovery (Fast-track Consenting) Bill
The COVID-19 Recovery (Fast track Consenting) Bill (the Bill) was introduced into the House on Tuesday 16 June 2020.
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Overseas investment rules change due to COVID-19
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Overseas investment rules change due to COVID-19
Parliament has passed significant changes to New Zealand’s overseas investment rules under urgency in response to the economic impact of COVID-19. The majority of the changes under the Overseas Investment (Urgent Measures) Amendment Act 2020 ("the Urgent Measures Act") came into force on 16 June 2020.
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Property Law Act Amendment for Commercial Leases
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Property Law Act Amendment for Commercial Leases
The Government has announced a temporary amendment to the Property Law Act to require a fair reduction of rent for commercial tenants that suffered due to COVID-19 restrictions.
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Business Continuity
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Business Continuity
Partners Troy Wano, Alice Tocher and Associate Rebecca Eaton joined Venture Taranaki for the 'Ahead of the Curve' webinar last Thursday 7 May. Venture Taranaki in partnership with the Regional Business Partner Network presented - Business Continuity: What local businesses should be considering to ensure business continuity through Alert Levels 3, 2 and beyond.
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Not-for-Profit Professional Services Grant
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Not-for-Profit Professional Services Grant
TSB Community Trust and Govett Quilliam are partnering to provide a joint Not-for-Profit grant to assist NFP businesses who have been substantially impacted by COVID-19.
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“Fair and Reasonable” in the time of COVID-19
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“Fair and Reasonable” in the time of COVID-19
GQ Insight As we approach and contemplate our collective preparedness for a move to Level-3, it is difficult not to pause and also contemplate as to how much has changed since 25 March 2020. From the relative safety of our homes (which for many of us have also doubled as our new/temporary workspaces), much has likely changed in terms of the way we work.
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Understanding Redundancies in the COVID-19 Era
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Understanding Redundancies in the COVID-19 Era
The words “redundancy” and “restructure” have always set an ominous tone in any workplace. Covid-19 clearly has not diminished that, but nor has it diminished the responsibilities of employers to their staff during a restructure.
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Alert Level 3 and the Education sector
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Alert Level 3 and the Education sector
While we will not know until next week whether New Zealand will stay in a Level 4 lockdown or whether we will progress to Level 3, yesterday the Government provided some guidance around what life and work will look like at Level 3.
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Business Debt Hibernation
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Business Debt Hibernation
The Government has announced several supports aimed at helping businesses survive the economic impacts of COVID-19. One such support is Business Debt Hibernation (BDH), which would allow businesses impacted by COVID-19 to hibernate existing debts until they can get back on their feet.
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Ready, willing but not able?
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Ready, willing but not able?
GQ Insight The general principles governing an employee’s right to be paid in accordance with their employment agreement are being tested by the COVID-19 pandemic.
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Rebuilding NZ’s construction industry post COVID-19
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Rebuilding NZ’s construction industry post COVID-19
Rebuilding NZ’s construction industry post COVID-19 and flow on effects for the RMA With New Zealand now two weeks into the COVID-19 Alert Level 4 lock down, a number of infrastructure and construction companies are facing the risk of insolvency. Under the Alert Level 4 rules, construction companies are only able to work on essential or critical infrastructure or carry out work required to address human health or safety risks.
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Insolvency Law Relief Package – A safe harbour in troubled waters?
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Insolvency Law Relief Package – A safe harbour in troubled waters?
The current COVID-19 restrictions will significantly impact the ability of some directors to comply with their duties and the Companies Act 1993. The Government’s announcement on 3 April 2020 regarding the introduction of an insolvency relief package will therefore undoubtedly be welcome news for directors.
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Māori Land Court COVID-19 Level 4 protocol
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Māori Land Court COVID-19 Level 4 protocol
While our courts and justice systems in Aotearoa is considered an essential service there has been some disruption to everyday court practices. The Chief Judge of the Māori Land Court has recently issued a Level 4 protocol document in relation to Māori Land Court proceedings. They Include:
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Travel Ban Exception Process
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Travel Ban Exception Process
The New Zealand border is currently closed to most travellers. New Zealand citizens and permanent resident visa holders are still able to travel to New Zealand as are Australian citizens and permanent residents who are ordinarily resident in New Zealand.
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Will good faith survive the lockdown?
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Will good faith survive the lockdown?
GQ Insight Good faith, a term commonly used by employment lawyers, but likely a term that will gain in prominence as the nation comes to terms with the impact of Covid-19.
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Temporary visas automatically extended due to COVID-19
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Temporary visas automatically extended due to COVID-19
The Government recently announced an epidemic management notice for visas, to control the spread of COVID-19. This comes into effect on Thursday 2 April 2020.
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Employers’ obligations under updated wage subsidy scheme
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Employers’ obligations under updated wage subsidy scheme
Last Friday 27 March, the Government announced further amendments to the Wage Subsidy Scheme, effective from 4pm that day. In particular, a number of modifications were made to the declaration required to be made by anyone applying for the wage subsidy including employers.
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COVID-19 Wage Subsidy Scheme FAQs
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COVID-19 Wage Subsidy Scheme FAQs
Answers to some common questions about how the wage subsidy works.
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Rent increase freeze and protection for tenants
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Rent increase freeze and protection for tenants
On Wednesday 25 March the Government announced a rent freeze and more protection for tenants.
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SME Professional Services Grant
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SME Professional Services Grant
Venture Taranaki and Govett Quilliam are partnering to provide a joint SME grant to assist businesses who have been substantially impacted by COVID-19.
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Is my business an essential service?
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Is my business an essential service?
Under COVID-19 Alert Level 4, all New Zealanders not working in essential services must stay at home. The Ministry of Business, Innovation and Employment has stated that essential services are those that provide for the necessities of life.
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Further wage subsidy support
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Further wage subsidy support
On 23 March 2020, the Government announced significant further support for the economy, businesses and self-employed, in light of New Zealand preparing for Alert level 4 at midnight 25 March 2020.
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Event and mass gathering restrictions and COVID-19 alert system 2
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Event and mass gathering restrictions and COVID-19 alert system 2
The Government currently requires that gatherings of 500 or more people in close proximity outdoors, or 100 people or more indoors be cancelled. Essential gatherings, which include work, school and public transport, are currently exempt from the restriction and can continue at this stage.
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Considering remote working in response to COVID-19
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Considering remote working in response to COVID-19
On Saturday, 21 March 2020, in response to Covid-19 the Government announced that New Zealand is at stage-2 alert. At stage-2 alert, Prime Minister Jacinda Ardern is urging employers to consider remote working options, including working from home, where possible.
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Business Continuity Package – Covid-19
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Business Continuity Package – Covid-19
On Tuesday, 17 March 2020 the Government announced its package in response to the economic impact of the ever-evolving COVID-19.
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Announcement of changes for Māori land ratings
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Announcement of changes for Māori land ratings
Historic rates arrears on Māori land has been a barrier for landowners to develop their land. The upcoming changes will mean that local authority chief executives will have the ability to write-off rates arrears on Māori and non-Māori land if the rates are deemed to be unrecoverable.
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Trusts Act 2019 – Be Prepared!
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Trusts Act 2019 – Be Prepared!
Many New Zealanders have embraced the use of trusts as a tool for asset protection and planning. Conservative estimates indicate that there could be between 300,000 to 500,000 trusts currently in our country.
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The Rising Talent in Taranaki
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The Rising Talent in Taranaki
A rising tide lifts all boats and when it comes to legal services in Taranaki we believe that attracting fresh, committed and passionate lawyers results in local businesses benefiting from the best in world-class legal talent.
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What have you agreed to in all those Ts & Cs you never read?
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What have you agreed to in all those Ts & Cs you never read?
Gym contracts, website Ts & Cs that you click to “agree” to, the lengthy terms and conditions you accept every time you enter a competition to win an overseas holiday, each time you download an app, your supermarket’s loyalty card. Each time you agree to these things you enter a contract.
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Beware of the work Christmas party
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Beware of the work Christmas party
The countdown to the end of the year is on, and with that usually comes the highly anticipated work Christmas party. Work Christmas parties are often seen as a well-earned chance to let loose after a busy year. Unfortunately many of us know a story or two where such an event has gone seriously wrong.
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GQ builds strong ties to energy sector
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GQ builds strong ties to energy sector
Operating from the heart of the country’s premier oil and gas region, having a strong understanding of the sector’s regulations, and knowing the key players locally have seen New Plymouth law firm Govett Quilliam become a valued adviser to the New Zealand energy industry.
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Should I bring a clown to a redundancy meeting?
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Should I bring a clown to a redundancy meeting?
While the employee in question did lose his job, his advice to anyone in the same situation, was: “I definitely recommend Joe [the clown] – he’s one of the best around”.
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Public submissions are now open for Te Ture Whenua Māori Amendment Bill
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Public submissions are now open for Te Ture Whenua Māori Amendment Bill
Public submissions are now closed for Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill. If you would like to have your say, share your personal experiences about managing your whenua or comment on any of the proposed changes you have until Tuesday 26 November 2019 to file your submission.
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Drab to fab for New Plymouth inner-city building
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Drab to fab for New Plymouth inner-city building
A once tired-looking Powerco building has been transformed into a work of art in central New Plymouth.
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Environmental leadership in business award
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Environmental leadership in business award
Govett Quilliam is incredibly proud to have had the opportunity to sponsor the Environmental Leadership in Business Award at the 2019 Taranaki Regional Council Environmental Awards. The awards feature 5 main categories which each encourage environmental stewardship and sustainable development of natural resources.
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Green paper on hydrogen released
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Green paper on hydrogen released
Consultation is now open on the challenges and opportunities for building a hydrogen economy in New Zealand. The Government is seeking your feedback on the potential for hydrogen production, export and utilisation in New Zealand economy.
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Government unveils new work visa rules
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Government unveils new work visa rules
In September 2019, Minister Iain Lees-Galloway announced changes to temporary work visas.
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Introduction of Bill to amend Te Ture Whenua Māori Act 1993
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Introduction of Bill to amend Te Ture Whenua Māori Act 1993
Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill was introduced to Parliament on 19 September 2019, which could soon see the most significant changes to Māori land law in over 20 years.
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Overhaul of the Resource Management System
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Overhaul of the Resource Management System
On 24 July 2019, the Hon David Parker launched the Government’s “comprehensive overhaul” of the resource management system and the Resource Management Act 1991 (“RMA”). The overhaul is intended broadly to cut complexity and costs, better enable urban development and improve mechanisms for protection of the environment.
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Climate Change Response (Zero Carbon) Amendment Bill
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Climate Change Response (Zero Carbon) Amendment Bill
On 8 May 2019, the Government introduced the Climate Change Response (Zero Carbon) Amendment Bill ("Zero Carbon Bill") into Parliament to address the long-term challenges of climate change. The Zero Carbon Bill seeks to amend the existing Climate Change Response Act 2002. If passed into law, this new legislation will sit alongside the Emissions Trading Scheme established under the Climate Change Response Act.
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Innovating for the Future by Building on the Past
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Innovating for the Future by Building on the Past
Our upcoming move of premises in September is significant to us for many reasons. One of those is that it reflects our commitment to look to the future while also celebrating the past.
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In celebration of our people
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In celebration of our people
A law firm is nothing without its people. And if we’re allowed a moment of pride as we approach our upcoming relocation in September, it will always be reserved for celebrating our incredible team.
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Healthy homes legislation
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Healthy homes legislation
On 1 July 2019 the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (Standards) come into force. The Standards set minimum requirements landlords need to meet for tenants in relation to heating, insulation, ventilation, moisture and drainage and draught stopping. In this article we seek to dispel some of the myths and 'fake news' around this legislation to give you the run-down on what you'll need to do to meet the requirements.
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We're On The Move!
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We're On The Move!
In early September, we will shift from our current waterfront location (1 Dawson Street) to the exciting new building on the corner of Dawson and King Streets—close to the heart of the city.
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10 things to consider when buying a home with a friend
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10 things to consider when buying a home with a friend
A co-ownership agreement might just save your friendship. With the average house prices rising, getting on the property ladder can be harder than ever - especially if you're single and don't have the benefit of two incomes to draw upon.
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Overlapping historical Treaty claims – Ngāti Whātua Ōrakei Trust v Attorney General [2018] NZSC 84
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Overlapping historical Treaty claims – Ngāti Whātua Ōrakei Trust v Attorney General [2018] NZSC 84
In September 2018, the Supreme Court addressed the issue of overlapping historical Treaty claims in the landmark case of Ngāti Whātua Ōrakei Trust v Attorney General [2018] NZSC 84.
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