Civil Litigation & Dispute Resolution

Directors’ Duties and Insolvency Recovery Claims

When a business collapses, creditors are often left holding the risk. In many cases, bankruptcy and insolvency issues can leave creditors facing significant losses with limited prospects of recovery. It is hard to accept being told there is nothing left, especially when the story does not fit and you suspect decisions were made that pushed …

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Construction Payment Claims and cost options

You finished the work. You sent the claim. Then the payment date passes and nothing happens. For a small contractor, that gap can swallow wages, materials, tax, and sleep. The issue is not just cash, it is whether you are being treated fairly for work already delivered. What is a Construction Payment Claim? A construction …

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When privacy controls fail: lessons from the Manage My Health breach

Privacy concerns are ever mounting. And yet it is easy to assume that privacy breaches only happen to some other organisation or business. But the recent privacy incident involving Manage My Health challenges that assumption. Privacy breaches can happen to anyone. The real issue is not whether a privacy breach will happen to you. It …

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Challenging a Will: Family Protection Act Claims and litigation funding

When someone close to you dies, you expect grief — but you do not expect to feel erased. If the Will leaves you out, or treats you as an afterthought, it can land as a final dismissal: I wasn’t important enough to be recognised. Being left out of an estate can feel personal, even when …

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Property Law Act 2007: Mortgages Over Land – Default Notices

What happens when a mortgagor defaults and when can a mortgagee exercise a power of sale In circumstances where a loan advance is secured by a mortgage over land and the borrower (Mortgagor) defaults in their payment or other obligations owed to the lender (Mortgagee), the Mortgagee’s right of action against the Mortgagor becomes exercisable, …

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Compliance Comes Due on Rotorua’s Lakes

Commercial activities on Lakes Rotorua and Rotoiti have been slapped with potential delays and prohibitions following Council’s recent vow to review consenting obligations of existing operators. For many businesses, obtaining a resource consent can be costly, time consuming and uncertain. However, failing to comply with resource management law requirements can create even greater commercial risk. …

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Directors’ contractual liability: dual capacity, one signature but two roles?

When a company director signs an agreement on behalf of a company, they may also be required to sign a personal guarantee, this means they are accepting personal liability for the obligations of the company. What is a personal guarantee? Personal guarantees are common in several types of agreements, for example leases, supply/trade agreements, or …

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High Performance Sport New Zealand v The Athletes’ Cooperative

In a recent decision, the Employment Court has ruled in favour of High Performance Sport New Zealand (HPSNZ), overturning a decision made by the Employment Relations Authority in January 2024. In its initial ruling, the Authority had determined that HPSNZ was required to engage in collective bargaining with The Athletes Cooperative (TAC), a union representing …

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