The phrase ‘our new normal’ became something of a cliché during the lockdown periods and alert level restrictions. The fact that we all managed and, mostly, enjoyed working from home suggested the tide had turned on traditional working styles and the home office was here to stay.However, it seems those short-term predictions were mistaken for long-term trends and widespread acceptance of this new way of working has not transpired or been embraced to the same extent as many people expected.The last six months can be described as a `giant sampling campaign’ where we were all able to test different ways of working since coming to the office or workplace was not an option. However, against predictions, most of us have rushed back to the workplace. But the ‘flexibility’ genie is well and truly out of the bottle. The lockdown period demonstrated that people did not need to be physically present in the office to get work done and that staff can be trusted even if you can’t see them.Flexible working arrangements are not a new trend – they have been bubbling away for some years. The Employment Relations Amendment Act (2014) provided a process for an employee to request a flexible working arrangement. Alert level lockdowns caused by COVID-19 have merely accelerated a change in mindsets and expectations of staff that flexible arrangements could work in certain environments and roles.The issue now is how to manage `flexibility’ in the workplace and how to define it so everyone is happy. Managing employment relationships is about setting clear expectations so it is important to engage with your team to set new parameters.READ MORE: http://aspiringlaw.co.nz/News/Article/what-happened-to-the-new-normal/

While much has been done in recent years to strengthen consumer laws and educate buyers and suppliers, there remains a fair amount of confusion on both sides of the fence on how to deal with complaints around substandard goods and services.Say you buy a product that appears dodgy – who’s responsible? The supplier, the manufacturer, or both? What’s the best way to approach getting your problems resolved? What options do you have if you don’t get a satisfactory response? You know, as a consumer, you’re entitled to products or services that are “fit for purpose” – but what does that actually mean? And, those “extended warranties” the salesperson hits you up for, are they worth it?Consumer rights are protected in New Zealand by several pieces of legislation; however, the main players are the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.The Consumer Guarantees Act deals with goods or services that are normally bought for household, domestic or personal use – business-to-business transactions tend to fall under the Fair Trading Act. For example, if the office printer dies before its time, any claim would likely need to be made under the Fair Trading Act. In cases where the near-new household washing machine springs a leak, you’re looking at a complaint under the Consumer Guarantees Act.The Consumer Guarantees Act provides what we call “implied mandatory guarantees” – forgive the legal lingo. It simply means, as a consumer, you can take it as a given that the seller has the right to sell the goods, and that the product comes with an automatic quality guarantee, including being safe, durable and reasonably priced, it lives up to any product description, and it’s “fit for purpose”.The term “fit for purpose” is bandied around a lot, but what does it mean? There’s actually no cut-and-dried, across-the-board answer, unfortunately. What the law calls for, though, is that any product or service be of a standard that the seller claims it to be, or that the consumer has specifically asked for. In other words, if a seller claims a product provides a certain benefit, then that benefit must be provided. Similarly, if a consumer specifically requests a product that achieves a certain end, and it doesn’t, then the buyer likely has a claim.So, your online purchase is dead, or dying. What to do and where to start?READ MORE HEREWhen it comes to protecting your rights as a consumer, knowledge of the legal fundamentals really is one of the best resources you can have in your toolkit.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]: 03 443 0900W: www.aspiringlaw.co.nzJohn Mezger specialises in business, employment and immigration law at Aspiring Law.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.

When a couple decides to separate, some of the biggest decisions to be made include: what happens to the children, who they will live with, and where they will live.Relocation is defined as a “shift of the child’s residence which affects the child’s’ relationship with his or her parents, both practically and emotionally.”The first thing parents must consider is the child’s safety and the best interests of the child. Other things to consider include:parents being primarily responsible for the welfare, development and upbringing of their children;parents engaging in ongoing and cooperative consultations;continuity in a child’s development and upbringing;a continuing relationship with both parents and wider family;preserving and strengthening a child’s identity, culture, language and religious denomination.Parents also need to consider what compromises they can live with. Hopefully, an agreement can be reached regarding relocation, by considering these factors, without the need to attend court.If the parents come to an agreement, they could enter into a Parenting Plan, or if they want an order that is enforceable by the court, they should file a General Consent Memorandum with the Family Court.What happens if the parents can’t agree?If the parents can’t reach an agreement the next step is to attend Family Dispute Resolution Mediation where both parents meet with an independent mediator who facilitates an informal and confidential discussion in the hope of reaching an agreement. This process requires consent from both parents and the cost is based on your income.Failure to reach an agreement means they must issue proceedings with the court to try and resolve the issue. They will have needed to have completed a Parenting through Separation Course and attended Family Dispute Resolution (FDR) mediation in the past 12 months.When the court is assessing whether to grant a relocation application it will consider the following factors:the need for both parents to have a continuing relationship with their children;the continuity of custodial arrangements, where relationships with wider family is to be preserved and strengthened;the protection of the child’s safety, identity and culture;each parent’s capacity to facilitate parent-child contact;the extent and focus that each parent has in conflict;the practical consequences of the relocation;the implications of the children’s social and sorting commitments; and, the children’s wishes.In court, parents generally seek either a Parenting Order, or an Order to Settle a Dispute between Guardians. A Parenting Order requests the Court to make decisions about who looks after the child/children (day-to-day care), and when or where parents and others can see the children (contact). Alternatively, an Order to Settle a Dispute between Guardians seeks the Court to make a decision about guardianship issues, which include where the children go to school, what medical treatment they will receive, what language they will learn, what religion they will follow and any changes to their name.It doesn’t matter how an agreement relating to the care of children is reached, all agreements should consider the best interests of the children as the paramount consideration. The principles which must be considered, when determining what is in the best interests of a child, are set out in the Care of Children Act 2004.Challenges to considerThe FDR and separation course requirements may make things hard for parents, particularly if they want a quick solution. Proceedings can be issued “without notice” if the matter is deemed urgent, but specific requirements have to be met so it is important to seek legal advice before filing without notice.Family violence may also be a hurdle for parents wanting to issue proceedings as they may be fearful of the other parent. Taking into account the best interests of the children may be difficult for some parents, as sometimes what is in the best interests of a child may differ from what a parent wants or desires.Money can be a big challenge as issuing proceedings in court is a costly process. You may be eligible for a grant or legal aid but you may still have to make a contribution, or pay the money back.The cost issue is compounded by the lengthy court process. On average it takes 294 days for a dispute to be settled in the family court which can impact on the parents ability to work as they are required to take part in the difficult “cross examination” process.Court can be an extremely emotional and draining process as well, given the time, money and effort parents put into it. At the end of the day, parents are trusting a Judge to make a decision about their children and this can be extremely stressful as the outcome is essentially out of their hands.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]: 03 443 0922W: www.aspiringlaw.co.nzTiffany Joyce specialises in property law, business & employment law, and family law at Aspiring Law.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.  

When entering a second or subsequent relationship, it is common to want to keep assets safe from relationship property claims. An effective way to do this can be by transferring assets to a trust. Care needs to be taken, however, to ensure you do this within the law.A recent case (1) reminds us that transferring assets to trust will generally be ineffective where:• You have already met someone, and the relationship is ‘in contemplation’, and• You don’t sign a contracting out agreement.BackgroundMs K, a Hong Kong resident, met Mr R, a builder from Tauranga, when she was in New Zealand as a tourist in August 2008. They quickly developed a relationship and Ms K relocated to New Zealand to be with Mr R. They began living together on 1 March 2009 and Mr R proposed marriage to Ms K in May 2009, though they never actually married.Mr R, having seen his assets halved on two occasions as a result of relationship property proceedings, was committed to the relationship but wanted to protect his own assets. He was particularly concerned about a section in Tauranga (purchased shortly after the couple met but before their relationship began), where he intended to build a house in which both he and Ms K would live.After the couple had lived together for about two and a half years, Mr R sought advice from a law firm about the best way to protect his assets. He told the lawyer that he had tried to talk to Ms K about a contracting out agreement, but she got angry and refused to do this.The lawyer advised Mr R to set up a trust before the relationship got to the three-year mark and to transfer the section into it. Mr R and Ms K then built a house on the section, using Mr R’s separate property (apart from about $100,000 borrowed from the bank in order to complete the build). Mr R and Ms K lived in the new house as a couple until their relationship came to an end in September 2016.Legal issuesAfter they separated, Ms K was left with nothing but her personal effects and $900, and so the matter went to court. The court found that section 44 of the Property (Relationships) Act 1976 (PRA) applied. That section says that if someone transfers property (for example, to a trust) with the intention of putting it out of the reach of their partner, then the court has the power to transfer that property back, and divide it as it sees fit.Mr R tried to argue that s 44 should not apply, because the relationship hadn’t been in existence for three years when he transferred the property to his trust. The court found, however, that it did not matter whether Ms K had any rights to the property at the point it was transferred. The only issue was Mr R’s intention, and his very clear evidence was that his intention in creating the trust was to protect his property from any claim from Ms K.OutcomeMr R was ordered to pay half the value of the home to Ms K. He then sued his lawyers; the court found that the lawyers should have made it clear that transferring assets to a trust once a relationship was already contemplated had a good chance of resulting in successful claims under the PRA. Mr R was awarded damages equal to the half share in the home he had been ordered to pay Ms K, plus the initial legal fees and costs.Get a contracting out agreement signedWhen transferring assets to a trust, for the purpose of putting them beyond the reach of a PRA claim and in circumstances where a relationship is in contemplation, the best course of action is to enter into a contracting out agreement at an early stage. You cannot use a trust to avoid an awkward conversation.(1) K v R [2020] NZHC 923DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Rural eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513. Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.

Legal ToolkitAn important part of our work is ensuring that at every step we provide you with the right knowledge, background, and insight, so that you can confidently make informed decisions that serve you well for today and the future.Here, you’ll find our client toolkits, comprising checklists, background information, and other helpful resources for you to browse. They’re designed to save you time and money, and to also provide you with a solid initial grounding on the legal matters at hand.We’ll often direct clients to the relevant toolkit before we meet, allowing them the time to contemplate key considerations and collect any relevant information and documentation beforehand.Home buyer's checklistBUYING? We’re getting a lot of requests for our very handy real estate checklists – if you’re thinking of buying, here’s yours to download to ensure nothing slips off your radar!DOWNLOAD THE CHECKLIST BELOWAspiring Law Countdown for Home Buying.pdfHome seller's checklistSELLING? There’s a lot to think about when you’re selling a property. Our handy real estate checklists are proving very popular – here’s yours to download to help keep you on track.DOWNLOAD THE CHECKLIST BELOWAspiring Law Countdown for Home Selling.pdfMoving checklistMOVING? Spring heralds the start to the traditional property season. So, if you’re planning to move, be sure to download this super-handy moving checklist to make sure nothing’s overlooked!DOWNLOAD THE MOVING CHECKLIST BELOWAspiring Law Moving Checklist.pdfAspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.Feedback, comments and questions are always welcomed – please feel free to e-mail us on [email protected]: 03 443 0900.

Once largely the domain of the well-heeled, personalised agreements about what will happen to assets in a relationship should a couple separate, or one partner die, are becomingly increasingly mainstream.However, many every day Kiwis still assume pre-nups – or “contracting out agreements” as they’re legally referred to – are only relevant when princely sums are at play, and, therefore, not worth exploring for themselves. Many times over, I have seen that misconception end up as a very expensive, stressful mess, one that could have so easily been avoided.The reality is anyone new to a serious relationship needs to ensure they are fully informed on what the ramifications are around relationship property – not just in the present day, but into the future as their partnership evolves.There are various milestones that see new entitlements kick in – for example, most people know that, generally, the 50-50 equal split applies to assets after three years. What many people don’t realise, though, is that law comes with quite a few “buts”.Laypeople often wrongly assume the laws that affect them are pretty cut-and-dried, but they can often be complicated and confusing. Up against a tidal wave of love hormones, taking a hypothetical scalpel to your relationship and your respective assets will probably feel really odd and extremely counter-intuitive.Don’t delayWhat I can say is: the sooner you have the conversation, the better – emotionally and legally. The longer you leave it, the more one’s life and assets have already become intertwined – and the more likely a partner might question why all of a sudden a contracting out agreement is on the table, even though you’re simply trying to be practical and responsible.So, let’s go back a step, and look at the foundations of relationship property law in New Zealand. The Property (Relationships) Act 1976 is a code, a set of rules setting out what happens in the event of separation or death. However, while the Act encases the default rules, couples can, under section 21, agree to “contract out” of the legislation – in other words, formally agree to rules personalised to their particular situation.Whether you go ahead with a contracting out agreement or not, the crucial step that you should never sidestep is getting independent legal advice to find out if an agreement is required or not – before you even get to the content of it. It should be an informed choice either way. Remember, too, society, lifestyles and relationships have all changed markedly since the Act’s inception in the mid-70s, an era when, typically, couples came together with negligible assets and went on to accumulate the majority of their wealth and property within the relationship.So, it’s not, perhaps surprising that increasing numbers are eschewing the Act, in favour of a contracting out agreement that more accurately reflects their own personal circumstances, commonly:Second marriages, civil unions or de facto relationshipsRelationships to which one, or both, partners bring substantial wealth – or the likelihood of substantial gifts or inheritances from a third partyRelationships where one, or both, of the parties have finances inextricably linked with thirds parties in the likes of trusts, partnerships and/or companiesModern-day realitiesSecond marriages and relationships – including blended families – are more commonplace today, which can often add another layer of complexity and require careful forethought both around assets and commitments to any children involved. Often what people don’t grasp, until it’s too late, is that, unlike some matrimonial property regimes overseas, New Zealand’s Property (Relationships) Act 1976, gives limited protection to pre-relationship assets which, for example, are subsequently used to purchase the family home, or to assets which may subsequently have become intermingled. In time, what’s mine – with some exceptions – may become yours, and vice versa.While raising the spectre of a contracting out agreement tends to more typically spark awkwardness in most people, there are those who see an opportunity to clarify what will happen in the event of separation, rather than it being left to lawyers to argue about – especially given the complexities and uncertainties of the current legislation. I often see agreements that attempt to contract out more than is needed and more than is fair. An ambitious businessperson, for example, might see it as a way to ringfence for themselves future high earnings and gains.Bear in mind, though, the legal riders on a contracting out agreement include that it must be fair to both parties. The law also puts an emphasis on the interests of any children, and stipulates both parties must obtain independent legal advice before signing.You can help avoid an unwanted legal challenge to the contract by working it through with your lawyer, who will be able to guide you on making it as robust as possible. Much like a Will, it’s vital you regularly review your contracting out agreement – we recommend at least once every five years, but certainly earlier in the event of a major life change.Remember, too, contracting out agreements are not just for “marriages” – they are for all intimate relationships. And, the sooner into that relationship you tackle “the contracting out talk” the more informed options you will both have – and, in a healthy, mutually-respectful relationship, that can only be a good thing.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]. T: 03 443 0900W: www.aspiringlaw.co.nzGillian Stuart is Aspiring Law’s Family Law specialist.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.

Why understanding Māori culture is significant for the judicial system in NZAmong Māori tribes there are many traditions about ancient people and gods who inhabited Aotearoa from the beginning of time. From the gods of the natural world to the mysterious people of the mountains, stories of the ancestors have been handed down through generations.Beginning with the birth of Hineahuone from the earth, tribal narratives describe a deep and fundamental connection with the land. These connections ensure longevity and a link to the past for those who follow.And follow we must.Following and respecting the way of life celebrated in these ancient narratives is key to ensuring its existence in the future. By applying the traditions and lessons handed down by past generations to how we do business, we embrace and encourage the respect and practise of Māori culture.Tikanga is generally taken to mean the Māori way of doing things, and can apply to business as well as our everyday life. There is a significant link between Tikanga and the justice system and, therefore, it is imperative that law firms and their staff are familiar with Māori traditions, practices and values.The importance of this link is highlighted in a recent report; Te Taniwha I Te Ao Ture-Ā-Whānau - Whānau Experience of Care and Protection in the Family Court.The report relates to Care and Protection proceedings under the Oranga Tamariki Act 1989 (which involves decisions about the risk of harm to children and young people, including whether they should be taken into state care). It describes the personal experiences of whānau Māori in Family Court proceedings throughout Aotearoa.Tamariki Māori make up only 25% of all children in Aotearoa; however, they represent 68% of all children in state care. With so many Tamariki Māori in state care, it is vitally important that the judicial system and people working with these Tamariki Māori and their Whānau are familiar with Tikanga and te reo Māori. Without it, long-lasting and beneficial outcomes for all involved are unlikely.Transformational change is needed. One option to achieve this suggested in the report involves focusing on changing the behaviour of the Judiciary and professionals involved in the justice system. The end goal is to ensure that a sound knowledge of Tikanga and te reo Māori is a non-negotiable for professionals working in the Family Court.Another option suggested by the report is to hold Family Court proceedings on Saturdays to allow for more whānau to attend and be part of the process and proceedings.The third proposal suggested by the report is to require the Government, Iwi and the community to establish a board, comprising at least 50% Māori members, who will facilitate care and protection proceedings in place of the Family Court.Although we are not sure which option, or options, will be adopted moving forward, what we all can do is work on improving our knowledge of Tikanga and te reo Māori.As the old Māori proverb goes:“Ko taku reo taku ohooho, ko taku reo taku mapihi mauria”.“My language is my awakening; my language is the window to my soul”.This adage beautifully encompasses the notion of language revitalization, and the very real struggle that is vital to maintaining culture.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]: 03 443 0922W: www.aspiringlaw.co.nzTiffany Joyce specialises in property law, business & employment law, and family law at Aspiring Law.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.  

You may have started out in business as you had a great idea or just felt it was time to do something for yourself. Now you are in it, you realise it is not that easy. After you have settled on your logo, your brand name and perhaps designed some business cards or launched a website, it’s time for the boring stuff – your terms of trade.This part of the journey is usually completed averagely, at best. Most terms of trade are snatched off someone else’s website, copied and pasted and continually added to, to ensure they cover every possible legal angle. Sound familiar?Your `Terms of Trade’ or better described as `Terms of Engagement’ should reflect how you intend to deal with your clients, customers, and suppliers. It goes to the heart of your brand. Of course, it is a legal document and should cover off technical matters, but it should also reflect the style in which you wish to run your business. For example, an element of doubt could cloud the relationship, if the terms are one sided in your favour. A warning bell may be sounded if you state that you want all fees upfront with no ability to cancel. A document with a lot of legal jargon and big words could also be contradictory to the style of business you are trying to create.Despite all best intentions of how you want to deal with your clients, New Zealand has a multitude of consumer protection and fair trading laws which provide a base line of warranties and guarantees that is inherent in the goods or services that you provide. There are plenty of useful resources on government websites outlining your obligations under the Consumer Guarantees Act and the Fair Trading Act. The Consumer Protection website is always a good starting point https://www.consumerprotection.govt.nz/guidance-for-businesses/complying-with-consumer-laws/. After this, you could head over to the Commerce Commission.  As Jonah Sachs, award winning author, recounts – “Your brand is a story unfolding across all customer touch points”. Therefore, your Terms of Engagement needs to embrace this ethos and be crafted to authentically reflect your story.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]: DDL 03 443 0918W: www.aspiringlaw.co.nzJulie Aitken specialises in property law, business & employment law, legal design.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.  

COVID-19 has resulted in an unpreceded shift of communities, business and economies online. Many businesses have realised they can operate online without a ‘physical’ presence, while their employees work from home. But what are the risks associated with moving most of a business's operations online?The most common complaints recently include imposter scams, debt collection and identity theft. With a huge increase in the numbers choosing to work from home, the number of potential victims for online fraudsters and cybercriminals has increased significantly. In addition to this, the threat of COVID-19 has allowed many online criminals to exploit coronavirus fears in order to steal personal information. Common COVID-19 scams include fraudulent vendors making masks, sanitizers and test kits; spoofed government and health organisation communications; fake vaccines; scam employment posts; and phishing through update emails, texts and voicemails.To reduce your risk of online fraud, consider:Securing your home network with strong passwords that are updated regularly. Limiting access to your work device, and shutting it down when you’re not using it.Being careful what emails you open and attachments you click on. Not posting sensitive information or personal details on social media sites. Protecting your devices – making sure that your anti-virus and anti-malware software is up to date.As a result of the lockdown restrictions, electronically signing and witnessing documents has become common practice and previously strict identification requirements have been eased. For example, some financial lenders now only require a New Zealand driver’s licence to verify a credit card application. To avoid your identity being stolen, don’t include your home address on your driver’s licence when applying for or renewing your licence. If your licence is lost or stolen, call NZTA on 0800 822 422 to cancel it.If you’re concerned that you’ve been scammed online, click here to contact us at Aspiring Law. We’re here to help.

Attending the Family Court is generally a traumatic experience for children and parents alike. Extensive reforms of the family law system last took place in March 2014. However, concerns were raised following those reforms as they resulted in negative impacts for children, parents and whanau.Following a review in 2018, an independent panel identified the following key issues in the Family Court:The unnecessary delay of resolution through the court. It was discovered that on average a matter in the Family Court takes 245 days to be resolved.Insufficient level of support for parents, whanau and family. Information to assist parties in litigation was either inaccessible or of poor quality and there was limited access to state-funded legal advice and representation.The limited participation by children. Children were not able to voice their concerns or have their views heard. This resulted in children feeling isolated, lonely, anxious and stressed. In order to reduce delays, the new legislation reinstates legal representation in the early stages. Additionally, low income parents and whanau may be entitled to a financial benefit through legal aid, which should prevent them from either not proceeding with their case, representing themselves, or having to find the money to pay for a lawyer.Family Justice Liaison Officers will be present in the Family Court to assist lawyers in ensuring parents, whanau and family members receive information on the best possible options available and provide them with help on how to navigate the system.The new legislation also makes it mandatory for lawyers to explain the proceedings to children so they can understand what their role is in the process and how their views will be considered.The current reforms hope to achieve positive results, and better access to justice for all individuals involved in the Family Court.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]: 03 443 0922W: www.aspiringlaw.co.nzTiffany Joyce specialises in property law, business & employment law, and family law at Aspiring Law.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.  

If your business had to close or has been operating at reduced capacity due to COVID-19 restrictions, wages are still payable to employees who are ready and willing to work and would have been able to work, but for the COVID-19 restrictions. Take the case of an Auckland employer, Eastern Bays Hospice Trust t/a Dove Trust (Dove), which provides hospice services in East Auckland. Dove applied for the government wage subsidy on March 23 for six employees. On March 24, Dove closed its retail stores due to lockdown restrictions. The next day, Dove sent a memorandum to all staff stating that normal salary and wages would continue until the end of the week, but after that all staff would be paid 80% of their salary or wages until the end of lockdown.After lockdown ended, employees were told their positions were disestablished immediately and they would be paid eight weeks’ notice (double what they were contractually entitled to) at a reduced rate. The employees took a case to the Employment Relations Authority to challenge the fairness of their dismissals and decreased pay rate. The Authority held that the employees had not agreed to the reduction in their wages. It also held that just because Dove extended the contractual notice period, it could not set a different remuneration rate different to that agreed in their employment agreement. Dove should have consulted with employees about extending the notice period and paying a different rate to what they were contractually entitled to. If your business is struggling, it might be time to start considering what long-term effects COVID-19 may have on your business. If you are considering a restructure and potential redundancy process, Aspiring Law is more than happy to help.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected] T: 03 443 0900W: www.aspiringlaw.co.nzLucy Conway specialises in family law at Aspiring Law.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.

Fixed-term employment agreements are a useful tool when, as an employer, you do not require a permanent employee but need an employee for a stated period of time, or until the conclusion of a specific project, or for a specified event.The Employment Relations Act 2000 imposes specific requirements that must be complied with for a fixed-term employment agreement to be valid. You must have ‘genuine reasons’ based on reasonable grounds for making the employment fixed-term.You must advise your employee as to the reasons for the fixed-term provision, and record when or how their employment will end in a written employment agreement. If you don’t adequately record the reasons for a fixed-term, and when or how the employment will end, the fixed-term may not be valid, and you may be expected to treat your employee as a permanent staff member. This could open you up to a claim of unjustified dismissal.Examples of ‘genuine reasons’ may be to cover another employee who is on an extended period of leave or your need for additional resources for a specific project. Employing someone who is on a work visa, or other type of immigration visa, is not a genuine reason for fixed-term employment because the expiry of a work visa is merely a circumstance of your employee. Your employee should be hired as a permanent employee with provisions included in their individual employment agreement about holding and retaining a valid work visa.DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Rural eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.

Reading terms of trade for every new service provider and piece of technology can seem tedious. However, not reading and agreeing to the other side’s terms of trade before agreeing to trade can lead to problems for your wallet and your peace of mind. We set out a few examples of why it is important to carefully read terms of trade. Limitations on liability are often included in terms of trade.Limitations may mean, for example, that a supplier who does not provide all the goods ordered, or if some of their goods are defective, will only be liable for the cost of the shortfall, not for the potential costs that might result from that shortfall. Some limitations will even cap liability at a fixed amount that may fall well short of the loss they cause.Watch out for delivery terms. Terms of trade will often state whether time is, or is not, of the essence. This can either mean that a supplier is not bound to deliver goods by any certain date, regardless of the consequences, or that a purchaser need not pay for goods received before or after certain dates.As vital as it is to read the terms of trade of any business you are dealing with, it is even more important to ensure that your business has its own terms of trade. There are many protections and conditions that are not legally available unless agreed to by the parties.DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Rural eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.

The new Privacy Act will come into force on 1 November 2020. Replacing the Privacy Act 1993, the new legislation reflects the needs of the digital age. The changes aim to promote and protect privacy and give confidence that your personal information is properly protected. This will affect all rural businesses and businesses across the board that collect, store and use personal information about their employees, clients and/or customers.Key changes are:Mandatory reporting of privacy breaches: where a privacy breach occurs causing, or posing a risk of harm, businesses will be required to inform the individual concerned of the breach, and report that breach to the Privacy CommissionerDestroying information to avoid disclosure: if you request information from a business, that business cannot destroy the information to avoid disclosing it to youCompliance notices: the Privacy Commissioner will be able to issue compliance notices to make businesses do something, or stop doing something, to comply with the amended privacy law, andInformation stored or processed by one agency on behalf of another: if you are a New Zealand business that uses an overseas service provider, it will be your responsibility to ensure that the overseas provider complies with our privacy laws. You should be asking any overseas providers, such as cloud software, what they are doing to meet New Zealand privacy laws. New offences will be created with increased fines.Remember, if you hold private information you must ensure that you store it securely and that you dispose of it safely when you no longer require that information.DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Rural eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.

COVID-19, and the restrictions imposed by the government in an attempt to control it, have deeply affected our lives. However, it’s not just our social lives that have become frustrated. Some businesses and individuals have found themselves party to a contract they can no longer perform due to COVID-19 and the government restrictions. Whether it is an event scheduled during a lockdown that can no longer be held, a customer who you can no longer supply or transport goods to due to travel or border restrictions, or a service you can no longer provide, the ‘doctrine of frustration’ may be able to help.The courts first recognised the doctrine of frustration in the 1800s case of Taylor v Caldwell where two parties had a contract to lease a music hall that burnt down before any concerts could be held. The court held that the contract was frustrated and the parties were discharged from their obligations under the contract.‘Frustration’ has a very high threshold. The event causing frustration cannot be caused by either of the parties and must make contractual performance impossible, or radically alter the obligations under the contract. You cannot rely on frustration if the event has become difficult or expensive.If you can prove frustration then you may be able to recover some or all of the money already paid under the contract. Some, or all, of any money you owed under the contract may also cease to be payable.Contracts may also have a ‘force majeure’ clause; also with a high threshold. This clause may excuse a party from performing (in whole or in part), allow a delay in, suspend performance of or provide a right to terminate the contract. Where the clause specifically refers to government actions or epidemics it may potentially be used for COVID-19.If you think either of these situations can give your business some relief, we’re happy to help.DISCLAIMER: All the information published in Commercial eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Commercial eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.

To accommodate delays arising from the COVID restrictions, the deadline for landlords to provide healthy homes standards compliance statements to their new tenants has been extended by five months.The healthy homes standards have been introduced to ensure that all rental properties have, for example, adequate heating, insulation and ventilation. As part of the first stages of these standards, you must provide any new tenants or tenants renewing their existing agreement with information on whether your property meets the healthy homes standards. This is called a healthy homes standards compliance statement.Originally, the healthy homes standards compliance statement was to be mandatory from 1 July 2020. However, the COVID restrictions have meant that some landlords have been unable to inspect their properties and gather the necessary information for their healthy homes standards compliance statements. To assist landlords in this position, the mandatory start date has been extended to 1 December 2020.The deadlines for the later stages of the healthy homes standards remain unchanged and you will still need to meet the following deadlines for ensuring your property complies with the healthy home standards:From 1 July 2021, you must ensure that your rental properties comply with the healthy homes standards within 90 days of any new tenancy, andFrom 1 July 2024, all of your rental properties must comply with the healthy home standards, regardless of whether your tenants are new or existing.The template for a healthy homes compliance statement is available here and further information on the healthy homes standards is available here.DISCLAIMER: All the information published in Property Speaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Property Speaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.

The economic fallout from COVID-19 will have many businesses facing issues with unpaid debt. As cash flows tighten, this is a good time to understand the process of debt recovery.The exact procedures will differ depending on the agreement you have with your debtor and the type of debt, but the general process is as follows:1. Informal reminder: it is quite common for a payment to be late or forgotten; usually an email or phone call to remind the debtor is all that is required.2. Formal notice: if your debtor does not make payment for an extended period you should notify them in writing of the unpaid debt, and that they are required to make payment under the agreement or terms of trade. The notice should give a timeframe for payment to be made.3. Letter of demand: if payment is still not made, you can then issue a letter demanding the debtor makes payment or you will take legal action to recover it. This letter could provide an offer to negotiate a payment plan.4. Legal action: if still unsuccessful, then you may begin legal action to recover the amount owing. This could involve applying to the court for a judgment to recover the amount.5. Enforcement: if an order for repayment is made, then you can apply to have the judgment enforced. Possible enforcement orders could include a repayment schedule, confiscation of assets, using a debt collection agency or even the appointment of a liquidator.In these post-COVID times, many businesses will be struggling with cash flow and the viability of their business may be in question. It pays to remember that the style and tone of communications with your debtor may make the difference between being paid or not paid.The debt collection process can vary depending on the situation and there can be pitfalls if the process isn’t followed correctly. If you are unsure about how to proceed to recover a debt, please don’t hesitate to contact us.DISCLAIMER: All the information published in Commercial eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Commercial eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.

A lot of the work we’ve been doing recently at Aspiring Law is what I would describe as “crisis management”. Some of the panic is entirely understandable given the huge uncertainty we're living with as a result of the pandemic. But some — and I stress the word some — businesses have acted very hastily when, perhaps, a more calm and measured response was called for. Tourism operators heavily reliant on international tourists needed to act quickly and take action to save their severely impacted business. We’ve seen some really great examples of businesses in this category pivoting and repositioning. Businesses who get most of their income from the domestic market might need to make a tweak, or two, but they need to think very carefully before deciding they need to completely overhaul their business model. Then there's the third category, the people I describe as jumping on the doom bandwagon. Some businesses have significantly reduced the number of staff they employ, even when the work hasn't really dried up. Many businesses have taken advantage of the government's wage subsidy, but some have used it as an excuse to cut wages.Businesses that have made people redundant or reduced their wages without proper and due process have ignored a key provision of the wage subsidy which states that "employment law still applies".There are likely to be serious issues for some of these firms down the road with employees taking legal action. If you've stuffed it up, fix it up. There is still time. Communication is key.It may be difficult to be optimistic right now, but the fundamentals are still solid for our region and our country. The reasons to live here or visit this part of the world haven’t changed. In fact, it's even more attractive now than it was before. If you now know that you can work remotely, and have the option to do so from this beautiful part of the world, why wouldn’t you?Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected] or to book an appointment online visit: http://aspiringlaw.co.nz/Booking/. Janice Hughes is a Director of, and senior legal adviser at, Aspiring Law. Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.

Online dispute resolution (or ODR) has been crucial to the administration of justice during the current COVID-19 pandemic. Given the lockdown and social distancing requirements, the only choice for clients communicating with their solicitor has been through email, phone, text message or video call. Courts have been receiving applications electronically and have conducted more online hearings than ever before. Advancements in electronic signing and filing of court documents, further erodes the need for people to meet in person.We’ve seen an unprecedented shift in the way organisations work, including the legal system, which has embraced technology in a way it never has before. There are opportunities to re-design and create powerful systems to resolve problems and disputes more efficiently. ODR was developed as a new tool to address access to justice issues and increase efficiency. As software becomes more powerful and intelligent the field of ODR has the capability to evolve further. However some people are urging caution in adopting technological solutions to dispute resolution.Traditionally, ODR has been seen as a ‘niche’ area with limited relevance. Many thought it wasn’t nearly as effective as face-to-face and in person meetings but there are limitations to the way we have been resolving disputes. Physical meetings come at a cost, often a high cost, which can effectively prevent many disputes from being heard. People with low socio-economic backgrounds, people with disabilities, or people from rural areas are all affected significantly by the cost incurred in getting to and from face-to-face meetings. ODR is an alternative to the traditional way of doing things that the legal system is likely to consider carefully in the new world post COVID-19. At Aspiring Law we look forward to embracing the benefits that technology has to offer.Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]: 03 443 0922W: www.aspiringlaw.co.nzTiffany Joyce specialises in property law, business & employment law, and family law at Aspiring Law.Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.