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The Golden Rule and its application in Gorringe v Pointon [2023] NZCA 42

If a Will is technically valid, the mere circumstances in which it is prepared makes the Will more vulnerable to challenge. The rule known as the “golden rule” is a measure of what might be considered best practice for lawyers in the preparation and execution of a Will. While the “golden rule” is not a …

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Six ex-Gloriavale women declared employees by Employment Court

Chief Judge Inglis of the Employment Court has delivered her anticipated decision declaring six Gloriavale women as employees for their time at the remote Westland Christian community. Facts Serenity Pilgrim, Pearl Valor, Rose Standtrue, Virginia Courage, Anna Courage, and Crystal Loyal referred to as the “Gloriavale Six” by the media, were all born into Gloriavale …

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Don’t hit ‘Send’ on a lawsuit – some hidden pitfalls of being online

“If you’ve got nothing nice to say, say nothing at all” may be an old adage, but it still has force in the social media age. Seemingly ancient legal concepts can bite in unexpected ways for those freely expressing their opinions online. Some may be familiar, such as defamation and harassment. Others, like malicious falsehood, …

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Cancelling a lease for breach of covenant or condition – Notice requirements under the Property Law Act 2007

The Property Law Act 2007 (Act) provides a “code” governing the cancellation of a lease by the lessor (Landlord) for breach of covenant or condition by the lessee (Tenant). The “code” is contained in sections 244 to 264 of the Act (Cancellation Code). The codification of the lease cancellation provisions of the Act means that, …

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Submissions invited on Emissions Trading Scheme Reform

The Government has launched consultation on potential reforms to the Emissions Trading Scheme (ETS). If adopted, these may significantly affect the benefits of having forest on your land in the ETS. As we’ve previously explained in our crash course on the ETS, the ETS was set up under the Climate Change Response Act 2002. It …

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Extended timeframe for raising sexual harassment claims

Amendments to the Employment Relations Act 2000 means that from 13 June 2023, employees will have 12 months to raise a personal grievance related to sexual harassment. Employers should be aware of changes that will be required for all new employment agreements. The new law extends the timeframe for employees to raise a personal grievance …

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Crash Course on the Emissions Trading Scheme

The Emissions Trading Scheme (ETS) is an extensive and complicated system with an increasing media presence in climate change related topics. The most recent example being a judicial review filed 9 May 2023 by Lawyers for Climate Action against the cabinet decision made by Minister for Climate Change James Shaw on the ETS. But what …

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Forestry Scrutinised by the Climate Change Commission

The Climate Change Commission (CCC) has released a draft report with recommendations for New Zealand’s second emissions reduction plan, covering 2026-2030. The CCC is one of New Zealand’s key tools in monitoring and limiting climate change effects under the Climate Change Response (Zero Carbon) Amendment Act 2019. The CCC provides independent, expert advice to relevant …

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