Take-off for the Civil Aviation Act 2023 this Saturday – Don’t miss the runway!
The Civil Aviation Act 2023 (“the Act”) comes into force on 5 April 2025 and is set to replace both the Airport Authorities Act 1966 (“the Airport Authorities Act”) and the Civil Aviation Act 1990. The Act updates New Zealand’s aviation law in many ways, including regulating drone use, introducing stronger drug and alcohol management […]
New tax bills for not-for-profits: Be aware of potential changes and have your say
It is widely known that not-for-profits (“NFPs”) in New Zealand receive benefits such as GST concessions and income tax deductions. That may be about to change, as Inland Revenue (“IRD”) is now considering whether NFPs should pay tax on transactions, membership subscriptions and levies. IRD’s considerations were revealed in a consultation paper released on 24 February 2025, […]
When can you require an employee to be on-call for work, and when must they be compensated?
Compensating an employee for working additional hours is a tricky part of the law to navigate. In the past, employers could require employees to be available for work but not pay them for it. Availability provision amendments came into force in 2016 to combat waged workers with ‘zero hour’ contracts who were required to be […]
Plan a Seamless Business Sale – Your Key Considerations
Selling a business is a significant transaction that involves various legal, financial, and strategic considerations. Comprehensive preparation is essential for a successful outcome. Preparation includes considering the pre-contractual and contractual considerations that you must address before selling your business. While no one can predict the unknown, sufficient preparation supports a smooth transaction. Pre-Contractual Considerations Before entering […]
Why do I need a written agreement with my business partners?
The recent case of Venkataramanujam v Ramasubramanian [1] demonstrates how important it is to have a clear understanding of the obligations business partners owe each other and the point at which those obligations will end. Background The Venkataramanuiams (“the Vs”) entered into an unwritten joint venture with the Ramasubramanians (“the Rs”). The parties would invest in property and […]
Failure to complete settlement: Don’t bet against the House!
You’ve found your dream home, and you’re ready to make it yours. But what happens if, for one reason or another, you can’t complete settlement? The consequences of failing to settle are significant, and the repercussions can be more than you expect. In this article, we explore the risks of failing to complete settlement and […]
Advice for surviving the challenges facing Wellington business owners
High inflation, labour shortages and a cost-of-living crisis have all conspired to create an economic recipe for disaster for many businesses across New Zealand. Recently, this struggle has perhaps been felt most acutely by Wellington business owners, with concerns voiced over reduced inner-city foot traffic and ongoing roadworks. These concerns come around the same time […]
Clear instructions are vital – Ensure Will instructions are accurately recorded
The recent case of Public Trust v Fairbairn [2023] NZHC 2605 (“Fairbairn”) demonstrates how important it is to provide clear instructions for your Will, and for those instructions to be recorded clearly. Bruce Henry Sullivan (“the Deceased”) passed away on 14 July 2022. The Deceased had no partner or children, but had three siblings who […]
Empowering Change: The Charities Amendment Act 2023 and its Impact on Nonprofits
The Charities Amendment Act 2023 (“the Act”) has been enacted with the purpose of modernising the Charities Act 2005. The Act came into force on 5 July 2023 with some changes being immediate, and other changes being implemented on 5 October 2023 and 5 July 2024. The immediate changes implemented on 5 July 2023 were […]
Duty to Warn: When is a contractor is responsible for design choices made by an owner?
Introduction A duty to warn is when a party may be held liable for damage or loss caused to another where the party had an opportunity to warn the other of the issues and failed to do so. We are regularly asked by contractors whether they have any responsibility in situations like the following: A […]