News & Resources
2021

Staff update
We have recently welcomed Melissa Hunia (solicitor), Sarah Mason (graduate lawyer) and Lisa Ingham (receptionist) to the firm. We also have six law students with us as part of our annual summer clerk program. We are always keen to hear from talented people interested in joining our team, whether or not we have current vacancies.

Conservation laws are being reformed
The Government is reviewing Aotearoa/New Zealand’s conservation laws and has released a roadmap setting out its work programme.
• Consultation with mana whenua around High Protection Areas in the Hauraki Gulf – closes February 2022.
• Public consultation around reclassifying stewardship land – closes 18 March 2022.

Three Waters – Big Changes Proposed for Water Management in NZ
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 so sure.

Rainey v Kwok: Why maintenance needs an overhaul
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.

Kiwisaver First Home Withdrawal and Kāinga Ora First Home Grant Eligibility
Are you purchasing your first home? Completing a Kiwisaver First Home Withdrawal and obtaining a First Home Grant from Kāinga Ora may help you get on the property ladder.

Pre-settlement inspections
Every Purchaser, subject to the rights of any tenant, may enter the property on one occasion prior to the settlement date to examine the property, chattels and fixtures that are included in the sale.

Commercial leasing during COVID-19 – new law inserting fair rental provisions
On 2 November 2021, Parliament passed the COVID-19 Response (Management Measures) Legislation Act 2021. The legislation inserts provisions regarding an implied term for commercial leases in the Property Law Act 2007.

Supreme Court decision on commission payments and holiday pay
A recent Supreme Court decision held that commissions can form part of an employee’s ordinary weekly pay for the purposes of calculating holiday pay if they are made substantively regularly and temporally regularly.

Holiday pay decision on discretionary incentive bonus schemes overturned
In a recent decision, the Court of Appeal confirmed that payments under discretionary incentive bonus schemes do not fall within the definition of gross earnings under the Holidays Act 2003.

Purchasing a Kiwifruit Orchard
Purchasing a kiwifruit orchard comes with lots to think about and plenty of due diligence to undertake. Often the purchase will be conditional on these further investigations, so what is important to consider?

Dream home up in flames
So, after successfully entering into an Agreement for Sale and Purchase for the property of your dreams and having completed your due diligence, you rightfully decide to enjoy a celebratory tipple of having reached unconditional status. The phone then rings, it’s the Real Estate agent advising you of the catastrophically bad news the property has burnt to the ground. As purchaser what are your options in this dreadful situation?

Buying Your First Home
Purchasing your first home is an exciting experience but it can also be daunting. There are a lot of things you need to know when you’re looking to make that first step on the housing ladder. Below is a brief guide for first home buyers looking to enter into the property market.