Bramwell Bate Lawyers

Do you need a Trust?

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...

But that’s what we agreed …

A wise and respected local businessman once gave my Father some sage advice which he has often repeated: “You are a fool if you do not understand what you are signing”. Not so long ago a handshake and a discussion of the broad terms of an agreement were often enough to create a lasting and workable arrangement. Whether or not...

Is 2024 the year of the work life balance?

With an ever-changing market, it’s time for employers to embrace changes in the status quo and actively recruit employees for part- time, fixed term, and casual roles. The options There are opportunities for an employer to promote flexibility for employees who are looking to return to the workforce or move away from the 9 to 5. An employer can consider...

Exploring the opportunities and risks of AI in business from a legal perspective

Artificial Intelligence (AI) has emerged as a transformative force in the business world, offering newfound opportunities for efficiency, innovation, and competitive advantage. However, along with these opportunities come legal implications and risks that must be carefully navigated. AI algorithms can process vast amounts of data quickly and accurately, helping businesses identify trends, predict future outcomes, and make informed choices. This...

Pro Legal

Protecting Your Assets – Why Legal Advice Matters for ‘Pre-Nup’ Agreements

A recent decision in the Napier High Court, WL v AJ [2023] NZHC 703, is a timely reminder that seeking independent legal advice is crucial for a pre-nuptial agreement (pre- nup) to be valid and enforceable. The decision also demonstrates the consequences of not getting the right advice. Understanding the Case Let’s take a look at the case involving Mr...

Cyclone Gabrielle & tenancies – know your rights

Article by Edward Bostock, Director and Kelly Henderson, Legal Executive One of the most significant impacts of Cyclone Gabrielle has been the damage and destruction to commercial and residential properties in Hawke’s Bay. Building officers are completing rapid building assessments on properties effected by the Cyclone. To date, there are 100 red stickered properties (meaning the property has been seriously...

Honey, I Shrunk the Equity!

Reflecting on the past year and considering what’s to come in 2023. How do we summarise the New Zealand property market in 2022? “Contrast” comes to mind. “Against the grain” might be another appropriate phrase. It was an exceptionally intriguing year for New Zealand’s property market. Professionals at all levels of the sale and purchase of property recognised a significant...

Korero in the Workplace: The Importance of Mental Wellbeing as a Business Asset

Mental Health Awareness Week runs from 26 September to 2 October 2022. In 2021, the theme of Awareness Week was “take time to kōrero”, which encouraged connection through conversation, and promoted openness about our mental wellbeing. For employers and employees, it’s important to understand that mental health plays a significant role in the workplace. For businesses, the mental wellbeing of...

Understand legislation changes to land before acting

A hot topic for many years has been the house market. Specifically, how the Government has attempted to create affordable housing for those priced out of the market. The most recent of these is the National Policy Statement on Urban Development 2020 and the proposed repeal and replacement of the Resource Management Act. Hastings and Napier District Councils will be...

Pro Legal

Who’s responsible/ The uncertainty of business liability when a cyber attack strikes

As technology continues to dominate everyday activity, the risk of cyber-attacks occurring also increases. Businesses, irrespective of their size, are becoming more vulnerable to the menace of cyber-attacks. Ransomware, malware, and broad sweeping data breaches are only a handful of the growing categories of cyber-attacks prevalent in today’s market. As the threat rises, questions of business liability because of an...