Legal Insights & News, Bramwell Bate Lawyers

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January 17, 2025 In Bramwell Bate News By Cherie Hannam

Alalääkkölä v Palmer: rethinking Relationship Property and the importance of a contracting out agreement

Written by Saige Lindsay In February 2024, the Court of Appeal gave a precedent-setting judgment in the case of Alalääkkölä v Palmer regarding how copyrights are treated in the context of relationship property. Ms Alalääkkölä was a painter, who produced commercial art. The parties separated in 2017 following a 20-year marriage. Upon separation, Mr Palmer wished to continue managing the commercial art business. It was his argument that while Ms Alalääkkölä was the artist, he commercialised the work by promoting and...

January 16, 2025 In Bramwell Bate News By Cherie Hannam

New stalking legislation to come into force

Written by Damandeep Sadhra and Saige Lindsay During November 2024, Justice Paul Goldsmith announced the Government’s plan to make stalking an illegal offence. The Crimes Legislation (Stalking and Harassment) Amendment Bill (Bill) was introduced and passed the first reading in Parliament on 12 December 2024. The Bill defines stalking as three specified acts within a 12-month period that establish a pattern of behaviour amounting to stalking, including behaviour that is likely to cause fear or distress. Watching, loitering, recording, and contacting...

January 15, 2025 In Bramwell Bate News By Cherie Hannam

Updates to Employment Law – what you should know

Written by Christine Symes and Saige Lindsay Over the past year, there have been several changes proposed and implemented by the National and Act coalition government within the realm of employment law; affecting both employers and employees. Below is a summary of these changes and how they may affect you. The minimum wage increase On 1 April 2025, following an announcement from Workplace Relations and Safety Minister Brooke van Velden in late 2024, the minimum wage increased by 35 cents to $23.50...

December 13, 2024 In Bramwell Bate News By Cherie Hannam

Making building more affordable

As part of the Government’s commitment to increase the supply of affordable housing, the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Bill (Bill) was introduced to Parliament. Its purpose being to remove barriers to new building materials entering our market, resulting in more competitively priced products and greater resilience to supply disruptions. This follows on from a Commerce Commission market study (2022) into residential building supplies, which found a lack of competition in the supply and acquisition of key...

December 9, 2024 In Bramwell Bate News By Cherie Hannam

Roadside drug driver testing

Roadside testing to deter drug driving looks to be back on again with the Government’s Land Transport (Drug Driving) Amendment Bill (Bill) passing its first reading in August. Underlining the need for a workable solution, the Bill’s explanatory note reveals that between 2019-2022, on average 30% of road deaths each year involved crashes where drivers had consumed impairing drugs. The previous government passed legislation in 2022 to enable police to carry out a roadside oral fluid test (OFT) for drugs. However,...

December 6, 2024 In Bramwell Bate News By Cherie Hannam

Divorce law amended for victims of family violence

In another display of cross-party agreement, the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act (Amendment Act) was passed into law in October this year, and will come into force in October 2025. The purpose of this legislation is to reduce the harm caused by family violence in marriage or civil union relationships. It amends the Family Proceedings Act 1980 to allow for a marriage or civil union to be dissolved where a party in the...

November 21, 2024 In Bramwell Bate News By Cherie Hannam

Improvements to enable more remote participation in courts

In September this year the Courts (Remote Participation) Amendment Bill was passed by Parliament. As an omnibus Bill it made changes to two Acts, with two amendments to the Courts (Remote Participation) Act (CRPA) and one to the Criminal Procedure Act. The purpose of the amendments is to clarify and improve the law governing remote participation to enable more remote participation in court proceedings using both audio-only links (audio link) and audiovisual technology. The changes to the CRPA are expected to increase...

October 4, 2024 In Bramwell Bate News By Cherie Hannam

Do you need a Trust?

Written by Anna Bernie  Originally published in The Profit  It’s no secret that Kiwi’s have long loved trusts. It is estimated that there are currently between 300,000 and 500,000 trusts in New Zealand. But why the obsession? And is there still the same love for trusts that there once was? Trusts have always been a useful tool for asset protection and estate planning. Asset Protection Historically, one of the most commons reasons for setting up a trust was to protect assets from creditors and relationship...