Blog

New Hazards Insurance Law Set to Make a Splash

2023 has been a watershed year for severe weather events - fortunately there is a change on the way that should help homeowners and building owners make an insurance claim. The infamous Earthquake Commission Act 1993 ( EQC Act) is facing an overhaul, now set to be replaced by the Natural Hazards Insurance Act which comes into effect from 1 July 2024.

By Darius Shahtahmasebi - 11 Sep 2023

Can I be held personally liable for my company’s employment law breaches?

Don't be fooled - you may not always be able to rely on the protections of a limited liability company for employment law breaches. If you are the director of a company or a person who holds significant influence over the management or administration of a company (such as a person in senior leadership), you could be held personally liable in the following circumstances.

By Saleha Hamid-Drew - 24 Jul 2023

Can a non-will still become a will? Validating invalidity

Section 11 of the Wills Act 2007 (Wills Act) outlines the requirements for a document to be considered a valid will. Such document must be in writing, signed by the will-maker or by another person at the will-maker's direction, and witnessed by at least two independent witnesses. It is not uncommon for wills to fail to meet these requirements if they have been drawn up without the assistance of a lawyer or have not been properly executed prior to a person's death. It is not the end of the road however, if a person dies with an invalid will.

By Katie Kennedy - 28 Jun 2023

Employment law update

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 came into force on 13 June. This change allows an employee up to 12 months to raise a personal grievance for sexual harassment, instead of having to do so within 90 days. Employers are required to change employment agreements from that date.

By Kathryn McKinney - 15 Jun 2023

French Kiwis – children and assets and the repercussions following death / Kiwis Français – enfants et actifs et les répercussions de décès

In this webinar, Lee Harris (Martelli McKegg, NZ) and Charles-Henry Tournaire (Requirem Family Office, France) will discuss how child custody and assets in France and New Zealand are treated differently on death, and the mess that can arise upon death when estate planning doesn't factor in those differences.

By Lee Harris - 12 Jun 2023

Ownership of foreign assets and emigration – why cross-border estate planning is a pressing issue

More than a quarter of New Zealand's population is born overseas (and more than 70% of us can trace our roots to Europe).  While these statistics reflect how attractive New Zealand is as a destination for a new life and opportunity it also means that when dealing with estates and estate planning, with assets dispersed worldwide, we must carefully navigate conflicting laws.

By Lee Harris - 1 Jun 2023

I bought a property with someone and now they don’t want to sell! / J’ai acheté de l’immobilier, mais mon copropriétaire ne veut pas le vendre !

Property is a big part of our lives and it is becoming more and more common to purchase with other parties. This is often by way of a joint venture to develop property or as a way to purchase residential property and share the burden. However, there is always a risk that for whatever reason, one of the parties wants to sell or no longer wishes to be involved. What can you do if your co-owner does not want to sell?

By Kiren Narayanan - 17 May 2023

Contesting transfer of assets to a trust in exceptional circumstances

In the most recent STEP Journal article, Polina unpacks a recent decision issued by the NZ High Court concerning a breach of fiduciary duty to an adult child. This case broke new legal ground as it introduced a new tort: breaching a fiduciary duty to an adult child.

By Polina Kozlova - 1 May 2023

Our tribute to Telise Kelly

It is with deep sadness that we acknowledge the passing of one of our dear colleagues, Telise Kelly who was a Senior Associate in our Litigation team. Telise passed away on 18 April 2023 as a result of a tragic accident that occurred minutes before she was due to appear in the North Shore District Court. This has left our entire firm at Martelli McKegg in shock and we are all in a state of mourning.

By Jacque Lethbridge - 20 Apr 2023 - 16 comments

Martelli McKegg features in Maison et Jardin (the French equivalent of House and Garden)

Martelli McKegg's ability to assist francophone clients with their New Zealand investments is featured in a Maison et Jardin article, the equivalent of House & Garden in France with a readership of 1,148,000.

By Lee Harris - 28 Mar 2023