Business and Commercial

We provide sound and practical advice on Business and Commercial law matters for all types of businesses and structures.

If you are starting a new business, we can advise you on the best business structure to use and then take all steps to put that structure into effect. If that structure is a company, then we will also advise you on the appropriate supporting documents such as a Constitution and a Shareholders Agreement.

If you are hoping to buy or sell an existing business, or shares in an existing business, we can draw on our considerable experience and assist you with negotiations and the terms of any Agreement.

When the business is up and running we provide ongoing support and assist with the many statutory requirements that may impact on your business (for example the obligations imposed by the Companies Act and the Fair Trading Act).  We also advise on intellectual property protections (such as copyright and Trade Marks).

We help you take care of your legal obligations to enable you to focus on making your business as profitable as it can be.

Property and Conveyancing

All of your Property and Conveyancing needs are met with our quick and cost-effective advice.

Whether you are buying your first home or expanding your commercial property empire, we provide a quick and cost-effective service while taking a thorough approach to protect your interests.

We can assist you from the very outset of the transaction to help you consider important due diligence matters and to assist with putting the deal together.

When the Agreement is in place, we take care of all the conveyancing requirements through to registration and completion.

For those who are considering subdividing their property or looking at other development opportunities, we have considerable experience in this area. From providing advice at the preliminary stage concerning the viability of the proposal and Council obligations through to completing registration and obtaining Titles, we will take care of all the legal requirements of the entire project.

We regularly prepare and provide advice to both landlords and tenants on commercial and residential leases.

Whatever your property matter, we will help you through every step in the process and ensure the transaction is completed as efficiently as possible.

Employment Law

We are involved in establishing, maintaining and terminating employment relationships for both Employers and Employees.

If you are an Employer, we can provide you with employment agreements and policies that are tailored to your particular business requirements and we can keep you updated about legal developments and the benefits of options such as fixed-term employment agreements and flexible working arrangements.

We also provide letters, forms and checklists to help you comply with the procedural requirements relating to warnings or dismissals (including by way of redundancy).

If you are an Employee, we can review your employment agreements and ensure that the terms and conditions offered to you are fair and reasonable, and appropriately reflect what you are expected to do for the Employer.

If problems arise, we provide pragmatic advice about the legal position and possible solutions. In our experience, it is normally in both parties’ interests to resolve any problems quickly and we encourage our clients to contact us to discuss any issues or queries they may have as soon as possible.

We represent both Employers and Employees at disciplinary meetings and provide advice and representation at mediations. If the dispute is still not resolved, we can appear with you in the Employment Relations Authority and Employment Court.

Relationship Property and Family Law

We draft and advise on relationship property agreements and help to negotiate fair and reasonable settlements. We also provide advice on situations involving children.

It may be that you wish to put in place a Relationship Property Agreement setting out your own rules about the ownership of your property and the arrangements for division in the event your relationship ends.

Relationship Property Agreements are an appropriate way of protecting your property and interests and therefore avoiding disputes and costs at a later stage. We draft and advise on

Relationship Property Agreements for clients who are at the start of a relationship or already in a relationship.

In the event of separation, we can help negotiate a fair and reasonable settlement with a former-partner, including providing advice in regard to the ongoing care arrangements for any children. However, where a fair and reasonable settlement is not possible, we can advise you of your Court options and represent you at all stages of the Court process.

Trusts and Asset Protection

We work together with your Accountant or other Financial Advisors (if necessary) to create Trusts and Companies that meet your particular requirements.

For example, you may be concerned about asset protection if you are involved in business, you may have certain relationship property considerations or you may require some flexibility when putting in place your succession plan.

We are experts in the area of trust law and we take a pro-active approach in discussing the benefits of having your important assets in appropriate structures to suit your particular circumstances.

We understand that if a Trust is not properly operated, it may not provide the protection that you require. We provide guidance on prudent procedures which should be established and maintained to ensure the protections offered by a Trust are not undermined. We will guide you through the appropriate supporting documentation for a Trust.

We will also set up and administer gifting programmes, provide independent trustee services, and liaise on your behalf with IRD and other parties.

Wills and Estates

It is important that you take the time and care to ensure that your Will properly reflects your wishes so the assets that you have worked hard to accumulate during your lifetime pass to the people you intend to benefit.

We provide advice on how to properly record your wishes in your Will, how to ensure those wishes are carried out as quickly as possible after you pass away and how to ensure your Estate is administered efficiently.

We have considerable experience in the area of challenging a Will or contesting an Estate in circumstances where adequate provision has not been made for you under the deceased’s Will or the deceased made promises to provide for you in their Will.

In these circumstances, we can advise you on the merits of your claim and we can assist you to attempt to reach a fair and reasonable settlement.  If that is not possible, we can represent you at all stages of any Court proceedings.

As part of proper succession planning, we generally recommend putting in place Enduring Powers of Attorney.  EPOAs allow you to appointment a trusted person to act on your behalf in the event that you cannot make decisions for yourself in circumstances of physical or mental incapacity.

Civil Litigation and Dispute Resolution

We advise on a variety of matters every day, and ensure that you are properly informed of the available approaches and the costs associated with each approach.

Alternative Dispute Resolution (ADR) options such as mediation and arbitration are often faster and more cost-effective options and are particularly relevant where the parties want to try and preserve their working relationship whilst resolving the dispute. We can advise you on the pros-and-cons of each option, help you select a Mediator or Arbitrator who has the necessary skills to help resolve the dispute and represent you at any mediation or arbitration.

In other situations, it is in your best interest to take Court action. We regularly appear in the High Court and District Court. Whatever your situation or the reason for the Court action, we ensure your case is put forward strongly and effectively.

In recent times, we have been involved in District Court and High Court proceedings for disputes over Body Corporate matters, Franchise Agreements, Agreements for Sale and Purchase of Residential Property and various commercial contracts.  

Criminal and Traffic

We can advise anyone facing prosecution by the Police, Government Departments or Local Authorities.

Whether the maximum penalty involved is imprisonment or just a fine, we understand that it is a stressful experience for you and aim to provide you with clear and practical advice about your options and the possible penalties involved.

We are often able to negotiate a satisfactory outcome with the Prosecuting Agency. If that is not possible, however, and if a Court appearance is necessary, we can represent you at each stage of the process.

If you have lost your licence and still need to drive (normally for work purposes), we can apply for a limited licence for you and appear in Court for you when your application is heard.