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The importance of good legal advice when charged with a criminal offence

The importance of good legal advice when charged with a criminal offence

If you find yourself charged with a criminal offence, whether it's minor or serious, don't under estimate the importance of getting good legal advice. It might be the difference between whether you are convicted of the charge or not.

By Fiona McGeorge - 11 Oct 2018

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Mental Capacity to make a Testamentary Promise

Mental Capacity to make a Testamentary Promise

Have you ever been promised something would be left to you in a will, but it never eventuated? If you worked or gave services to someone who promised to reward you in their will, but they didn't, the Law Reform (Testamentary Promises) Act may allow you to claim against the promisor's estate.

By Andrew Steele - 8 Oct 2018

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Employer support during bullying investigations

Employer support during bullying investigations

How far does an employer need to go to support an employee with mental health issues during a disciplinary process? Hilford v The Order of St John is an example of how a personal grievance can succeed if the employer does not provide enough support to an employee who is suffering from mental health issues.

By Kiren Narayanan - 26 Sep 2018

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Why have a will?

Why have a will?

According to research by Perpetual Guardian last year, four in ten New Zealanders don't have a Will. It seems the problem is not unique to New Zealand. Consider: Aretha Franklin, Prince, Amy Winehouse, who all died in recent times without a Will. Even if you're not famous, it is our view that it is vital that you have a Will.

By Samuel Ames - 20 Sep 2018

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Termination of building contracts

Termination of building contracts

Occasionally the relationship between parties to a building contract turns sour. In some cases the parties will be able to get things back on track so that the project can be brought to completion. However, in other cases there is an irreparable breakdown in trust and one or both parties want to part ways. The owner may not want the builder around anymore and/or the builder may not want to continue racking up cost on credit with little prospect of being paid. So how does a party terminate the building contract and what risks does a party face if they get it wrong?

By Meika McHardy - 13 Sep 2018

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Does the Consumer Guarantees Act apply to building projects?

Does the Consumer Guarantees Act apply to building projects?

What the Consumer Guarantees Act (the CGA) does is insert some basic guarantees into every contract for the supply of consumer goods or services, and those guarantees override anything that the written contract might say to the contrary. However, the CGA only applies if you are supplying goods or services to "consumers". And consumers are individuals, companies, Councils, clubs or other legal entities who acquire goods or services "of a kind that are ordinarily acquired for personal, domestic, or household use or consumption".

By Geoff Hardy - 7 Sep 2018

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High Court clarifies when builders have to provide their record of work

High Court clarifies when builders have to provide their record of work

The High Court has clarified when builders are to provide their record of work. In overturning the District Court's decision1 , the High Court held that a builder's record of work was not dependent on section 87 of the Building Act.

By Alden Ho - 2 Sep 2018

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How can the law help protect me against domestic violence?

How can the law help protect me against domestic violence?

There are several specific ways in which the law can help you protect yourself and your family from domestic violence. Domestic violence includes physical, sexual, psychological and/or financial abuse by anyone you are in a "domestic relationship" with. Domestic relationships include spouses or partners, family members, may include flatmates/someone you're sharing a household with or anyone you're in a close personal relationship with.

By Surendra Bennett - 22 Aug 2018

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Domestic Violence - Victims Protection Act 2018: variation of working arrangements

Domestic Violence - Victims Protection Act 2018: variation of working arrangements

There is a lot of talk around the new domestic violence leave introduced by the Domestic Violence - Victims Protection Act 2018 which was passed in July. However, the Act introduces another, less known, but equally striking change. In addition to being granted 10 days' domestic violence leave, an employee who is a victim of domestic violence can request a variation of their working arrangements for up to two months.

By Kiren Narayanan - 14 Aug 2018

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Court judgments now include compounding interest

Court judgments now include compounding interest

The Interest On Money Claims Act 2016 (which came into force this year) has changed the basis on which all Courts award interest on money claims.  This is good news for plaintiffs. Previously, the courts generally only awarded interest from the date of filing of a claim, the rate was fixed and compound interest was not allowed (unless specified in a prior agreement).

By Tony Johnson - 8 Aug 2018

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