Our expertise

A general law cannot apply fairly to all the endless circumstances arising in relationships. We have had the privilege of advising partners in a broad range of relationships, appreciate the diversity within our community and friends, and recognise there is no “one size fits all” in this aspect of our lives. 
‍
The standard law relating to relationship property can cause unexpected and unfair outcomes if a relationship breaks down. There is little you can do to protect your interests after the breakdown. Most couples should consider a relationship property agreement, though there are cases where it is unnecessary. 

For some couples, the critical time to consider an agreement is near the start of the relationship. There are other cases - there may be a change in circumstances, say an inheritance received by one partner or a partner starting a new business venture with financial risk. If a relationship has broken down and there is no existing agreement, an agreement will usually be necessary. It is also much better than the costly process of having a court make the decisions.
‍
One of the features of the law in New Zealand is that while the standard rules apply with little flexibility regardless of circumstances, if partners have signed a relationship property agreement, it is only in extreme cases that the Courts will overturn the agreement. 
The parties to a relationship property agreement must complete it formally to be valid, with each party getting independent advice from a lawyer. Keeping property in the name of one party, or writing out an agreement that both parties sign without independent legal advice will likely have little or no effect if a Court has to make decisions. It is important not to assume that holding assets in a trust or steps of that kind will necessarily affect the outcome of a relationship property claim.
‍
We understand that couples in new relationships may find discussions concerning the potential breakdown of the relationship difficult, and there is a potential for difficult conversations when changes of circumstances trigger the need for the discussion. We respect these sensitivities and will respectfully give you advice and assist you as a couple in considering what is best for you. In most cases, we can explore the issues initially with both partners and refer one of you to an independent lawyer to sign the agreement. 

Trusts are a useful and versatile tool. They potentially protect assets from risk. For example, a family member may need protection from unwise decisions they might make if given money. A trust may protect assets from unforeseeable claims. For example, a forest or rural fire started at a picnic lunch can result in enormous liability for an individual. One or more trusts may be effective for couples who get together later in life and need to provide for the surviving partner and their respective families.
‍
However, we recognise that not every family needs a family trust, and they have costs. We do not advise you to set up or keep a trust, unless you have thought about the reasons for having a trust and balanced the cost and the benefits. We have the life, commercial and legal experience to help you work through that process if a trust is a potential option for you.

All adults should have a Will, except people with absolutely minimal assets. A Will says what is to happen to your assets after you die. If you have no Will, the law may distribute your assets in a way you did not expect. For example, a spouse or partner will get a modest amount of money, and the rest is split one-third to the spouse/partner and two-thirds to the children of the person who dies. That could mean the surviving spouse has to sell their home to pay out a child who has had no contact for decades.
‍
The other thing to consider is the costly legal processes involved in estates where there is no Will; getting probate for a Will is difficult enough. It is far more complex to get the necessary court orders when there is no will. To fix the unfair outcomes that may apply under the law where there is no Will (if they can be fixed), requires more costly court proceedings. We prepare routine Wills at low cost; we can truly say this is the service we provide that has the best value for you.

As with other aspects of personal law, we understand lives are complicated for many of us. Parents have different relationships with different children, there may be more than one family unit to consider, and there may be assets in more than one country. We guide our clients through the options, assist them in evaluating what is right for them. We will let you know what a Will can provide and ensure you understand the potential challenges family members can bring where that is a consideration.

Losing a family member is always hard, and a lot has to be done. The practical arrangements with the undertaker, letting friends and family know, and dealing with the grief of the people affected. 

We provide the legal support you need at this time and later when applying for probate, or dealing with the applications for court orders if there is no Will, and addressing the concerns that family members may raise.

We promise our respect, understanding and professional support.

Changes to the Residential Tenancies law and Healthy Homes provisions have changed tenancies for both landlords and tenants. Getting it right is essential; there are potential penalties and legal steps to avoid unexpected liabilities. 
‍
If you have a dispute and need to deal with the Tenancy Tribunal, we will give you practical advice and any support you need. That includes advising you on recovering money awarded to you by the Tribunal.

Our practice is near several retirement villages, and our team members are frequent visitors to them. Many of our clients have found retirement villages the right home in their senior years, where they can manage changes in their and a partner’s health status well.
‍
The retirement villages we deal with locally and throughout New Zealand generally require you to sign an Occupation Right Agreement before moving in. The agreement gives you the right to live in your unit, but in most instances, no ownership of the property. When you leave the village, you (or your estate) typically recover your initial ‘moving in’ costs, less an exit fee, of up to 30% of the original price. There is no capital gain.
‍
We know Occupational Right Agreements well; they are often lengthy and complicated. We review and explain the agreement, the  Code of Practice and the Residents’ Rights so you know what to expect before you commit. Generally, there is a well-managed process where the village assists you in understanding how it operates and the accommodation options. We know it is important for many of our clients to understand the options in the village should their mobility and wellness deteriorate.

Many villages insist you have Enduring Powers of Attorney for Property and Personal Care and Welfare, and a valid Will in place before you come to the village. We can help with those too.

Each commercial property purchase or sale is unique, with pitfalls. Getting the right outcome requires experience. Managing the legal aspects of due diligence, the final agreement, supporting documents and consents are processes that must be right. We take the time to ensure you understand the terms, your rights and your obligations. 

Our commercial property experience includes commercial buildings, and multi-unit residential and commercial premises. We have expertise with construction agreements, building compliance issues and financing and funding commercial premises. 

Professional advice, with the benefit of a down-to-earth understanding that comes from experience, is essential when buying your first business, a further business; or you are selling the one you have worked hard to build. We will work with your accountant and other professionals to ensure you get what you expect and can achieve the result you plan.

In this process, we help with the best structure for your sale or purchase, highlight the pitfalls, help with due diligence; and prepare or review documentation to maximise value.

There can be significant compliance and regulatory issues to consider, arrangements with suppliers, and professional employment law knowledge if staff are involved. We provide this support, and help engage specialists as required.

Our expertise is legal, and we know when you need other specialists too; but there is another aspect of our service we never lose sight of. We are lawyers who know it is our job to make the deal you want happen. It is easy for lawyers to advise you what can go wrong. We see our job as  protecting you, so you can deal with things if a good deal goes wrong. Life is never certain, we will actively manage risk with you and let you make the judgement calls when you know and understand the risks.

Business-to-business agreements are the lifeblood of business. They take many forms, ranging from a handshake deal to endless paper in large folders.
We draft and advise on a wide range of agreements; buying & selling goods and services, loan and security agreements licensing and franchising arrangements, distribution and supply agreements, capital raising and offer documents, employment contracts, terms of trade, and more.
 
Whatever your business needs we can offer practical, professional advice that maximises your interests. We know that any lawyer can find a “precedent” and fill in your details. Today good commercial lawyers recognise that is not enough. Indeed, some of the leading law firms in the world make their precedents available to clients, and the client’s inhouse lawyers are free to use them. Those firms have successful commercial practices because their clients value their advice on making the base document work for their client’s specific needs. We will discuss your needs with you, so we understand the critical things you want to achieve from the agreement; and review the drafting with you to be sure it works in your business. 
‍
We can deal with parties who do not honour your agreement with them. Grant’s litigation experience gives him the knowledge to issue notice of the consequences of the breach, and advise you of the strengths and weaknesses of your position. That will put you in an excellent place to negotiate an out-of-court settlement, or bring effective proceedings to recover your losses. You need agreements that work and have an answer if the other party fails to perform their obligations.

We routinely deal with commercial and industrial leasing for landlords and tenants.
We can help you review the heads of agreement, advise on potential amendments, draft or review the lease agreement, and ensure you are well aware of and meet statutory and regulatory obligations.
‍
We help negotiate terms, including rent, duration, renewal and exit options (working with specialists such as valuers). For tenants looking to sublet, assign, or surrender a lease, we have the experience to help.  
‍
Where a tenant or landlord breaches a lease, we can help with dispute resolution. We take a pragmatic approach and try to resolve the matter reasonably, cost-effectively, and quickly to minimise the damage to you and your business. When these situations are caused by business failure or disruption, adding legal costs to the losses is not helping; where it is necessary to enforce the terms of a lease because a party chooses not to honour the terms of the lease, we know how to enforce the terms.

If you are considering starting a court or judicial tribunal process, it will be costly, often emotionally draining and it will take a long time. Virtually nobody wants to be drawn into this potentially agonising process; good advice at the outset is essential. We will not simply say you should go to court, because that is a service we can provide.

You need to know how strong your position is, your options, and how to best preserve your situation. The letters written at this point are often critical for two reasons. You will have great difficulty if you later try and say something different from what you put in writing earlier (even if it was a mistake); and a constructive approach to seeking an early resolution will lead to a settlement or at least put you in a better position to recover your costs.

Throughout the litigation process you need to manage risk. Realistic decisions on the expert evidence you may need, identifying the documents supporting or damaging your case, understanding the law that applies to your case, whether the other party has the money to put things right if you get a court judgment, and how much you can recover need constant evaluation.

For us, the very best outcome is for our clients to achieve the best result, as early as possible at the lowest cost. We take no pride in obtaining a long complex judgment, which may then be appealed.

Rather than going to a Court or Tribunal there are options to think about either as an alternative or to try as a first option. Except for the Crown and major corporations wanting a “precedent” because they have a lot of similar cases, virtually every civil dispute should be settled without the need for a Court to decide the case. Usually, the risks for both parties can be understood through discussion, there is often a compromise that both parties can live with; there are usually very substantial legal and expert witness costs that can be avoided. The costs each party face usually leaves scope for compromise.

The alternatives to going to Court include negotiations between the parties, negotiations with lawyers and experts assisting, and a professional mediator can often facilitate the parties reaching agreement. At the very least, it should be possible to identify what is in dispute and reduce the costs of having issues decided.

There are also alternatives to using a Court or Tribunal. It can be very costeffective in a technical dispute (say a building dispute) to have an expert on building issues act as an arbitrator. Unlike a Judge an expert arbitrator can use their own knowledge of the technical issues. That is much cheaper than two parties having their own expert witnesses and having them try and explain their evidence to a judge with no background.

We are committed to guiding you through these options, because if the other party will negotiate in good faith; there is every prospect of a resolution that is far less costly than a Court or Tribunal process.

In some cases the only option you have is dealing with a Court or Tribunal. Someone may have brought a case against you, and they are not interested in talking. A Government Authority may have decided against you, and the decision can only be changed by a Court or Tribunal. You may want to recover money from someone who will do nothing until you act. You may have tried to reach a resolution, and that has failed. If that is the situation you face, it is essential to get the best advice and representation available to you.

We have extensive experience in the New Zealand Courts and Tribunals at all levels. Our approach is to focus on advancing your case in the most effective way, to minimise the time and cost. To do that effectively it is essential to be familiar with the relevant law, the procedures of the Court, and the rules of evidence. Beyond that, the skills that really make a difference are concerned with putting the facts of your case before the Court. We have the experience and skills to listen to you so we can put forward your case in the most effective way and engage with expert witnesses in cases when needed.