At midnight on 24 February, New Zealand moved into Phase Three of the response to community transmission of the Omicron variant of COVID-19. This means that there are currently more than 5,000 positive cases of COVID-19 community transmission being recorded each day. With the increase in positive COVID-19 cases, the isolation requirements for close contact …
Leave and pay entitlements during COVID-19 isolation periods Read More »
COVID-19 vaccination of children as a guardianship issue On Monday, 17 January 2022, the New Zealand Government announced that tamariki and children aged five years or older are now eligible to receive two doses of the Pfizer vaccine for COVID-19 for free. However, there is no legal or regulatory requirement (vaccine mandate) for tamariki or …
COVID-19 vaccination of children: What if one parent doesn’t agree? Read More »
Buying into a retirement village is a decision that many people consider as part of their retirement planning. Like all decisions of this size, it’s one that require careful consideration. In the majority of situations when moving into a Village, it will involve signing an Occupation Right Agreement (ORA) with the retirement village. An ORA sets …
A new law has come in affecting how creditors can take enforcement steps against borrowers and guarantors of farm debts. The Farm Debt Mediations Act 2019 (FDMA) came into force in 2020, which prevents secured creditors from taking enforcement action in relation to farm debts without taking certain steps. What is a farm debt? A …
Mandatory Farm Debt Mediations – what you need to know Read More »
Trustees and beneficiaries of trusts should be aware of a recent court decision, which clarifies two factors that trustees can take into account when deciding whether to distribute trust assets. In December 2021, the Court of Appeal’s decision in Kain v Public Trust [2021] NZCA 685 has given trustees some guidance on whether two types …
Update on trust law – can a trustee consider settlor wishes or other trust benefits? Read More »
The recent arrival of the highly contagious Omicron variant in New Zealand has prompted further developments in the Government’s COVID-19 response. Health advice that a third dose of the Pfizer and other COVID-19 vaccines is required to offer immunity against Omicron has led to a further extension of the existing vaccine mandate to include a …
Guidance for managing shared parenting agreements during COVID-19 traffic light settings Currently, all of New Zealand is in the Red traffic light setting. These traffic light settings fall under the COVID-19 Protection Framework (“Framework”) which aims to protect Aotearoa New Zealand from COVID-19. Many families and whānau have shared parenting agreements and/or have ongoing proceedings …
The Government is reviewing Aotearoa/New Zealand’s conservation laws and has released a roadmap setting out its work programme. The existing legal framework includes 24 (generally outdated) statutes, including the Wildlife Act, Reserves Act, Marine Mammals Protection Act, Marine Reserves Act, and Conservation Act. The reforms will be comprehensive and will involve reviewing the whole conservation …
While the management of New Zealand’s water has previously been the domain of 67 local councils, full-scale water reform by the Government is proposed to consolidate this into just four powerful entities. Central Government considers this is necessary to ensure all Kiwis have access to safe, reliable and affordable water – local authorities are not …
Three Waters – Big Changes Proposed for Water Management in NZ Read More »
Associate Rachel Rosser has been published in the New Zealand Law Journal. Rachel comments on a recent Court of Appeal case where ongoing maintenance was awarded to a de facto partner for an extended period of time, and explains why the current maintenance system needs an overhaul. In March 2020, the High Court heard the …
Rainey v Kwok: why maintenance needs an overhaul Read More »
