Lawyer on the North Shore

Lawyers Can be Your Best Aid

North Shore lawyers
North Shore lawyers

Gone are the days when having a lawyer was the reserve for the rich. Many people still don’t know the benefits of having a lawyer by their side. When people hear the word lawyer, many think they will only need one when they are in court or buying property, but there is nothing further from the truth. A lawyer goes a long way in helping people handle any legal related issues and make their lives a little easier. Having a lawyer to help you in any situation will help you minimise any risks you might face. You will also be able to ask legal questions when you need it the most. Below are some ways a lawyer on the North Shore can help you

Interpret the law

The law is extremely complicated and you need a person who understands the ins and outs and how it affects you in your circumstances. The direction of any case can change anytime even if you are in the right. This happens regularly because people will interpret and defend their understanding of the law. For people who are not conversant with the nuances of the law, this becomes an uphill task. An experienced lawyer can turn the case in your favour because they know what and where to look.

Not having a lawyer may cost you more

What is at stake? The outcome of a criminal case can determine whether you spend time behind bars or not while in a civil case, you could be hurt financially. This is why you need a good lawyer on the North Shore. Imagine spending a couple of years in jail just because you did not have a good lawyer to help you out. We have all seen stories in the media about people wrongfully jailed. In civil cases the outcome can be the difference between gaining control of your business, being awarded a substantial sum of money or having a fair distribution of matrimonial property…. or not. If your lawyer is not good at arguing your case, or is not up-to-date with the latest changes in various laws, you could miss out substantially.

A lawyer knows how to challenge evidence

Your lawyer will know what is relevant or not in your case. The other party might submit a mass of papers in order to obfuscate the case or to add a huge number of hours to your lawyer’s time. This will increase your bill and sometimes people have to halt their proceedings because they cannot afford to carry on. This is a common tactic especially by larger firms in order to get smaller companies or individuals to withdraw. Your lawyer will be able to see through this and advise accordingly.

They know how to handle and file court documents

There are certain procedures that are followed when handling and filing documents. There are many documents involved in a case, and failing to file the necessary documents may affect the direction if the case and cost you a wrong outcome. Again, we have heard stories of cases being dismissed because of a technicality or wrongly filed papers. A lawyer knows all the necessary documents to be filled and their deadlines. They also know how to handle the documents before and after filling.

A lawyer can help strike a good settlement if necessary

Many lawyers have faced cases similar to yours and know how it might be resolved or decided. Even if your case looks strong on the surface, a good North Shore lawyer will have a strong feeling about the likelihood of you winning the case or not. Sometimes a settlement is a good choice while other times it is good to see the case to the end but a good lawyer will advise you on the most sensible route.

A god lawyer on the North Shore will help you in many more ways. If you have a legal issue you need help with, then you can contact McVeagh Fleming Partners in Albany on the North Shore who can help.

North Shore Lawyer

How To Find a Good North Shore Lawyer Who Can Help You

North Shore commercial lawyerPeople have many opinions when it comes to lawyers, some good some bad and some in between. It is amazing that this profession elicits such strong reactions in people, but in many cases it has a lot to do with jealousy of their income and distress about the situation they are in. But in actuality the main job of a North Shore lawyer is to help people which is why the majority of them got into the profession in the first place. And if people understood the mental and emotional pressures the job brings, the average person would have quite different impressions of lawyers.

You may have been in a situation where a lawyer provided you excellent advice during a free initial consultation. Although in the end you were never charged with a crime or had to go through a difficult legal case, you did learn valuable lessons about the law, and left the firm with a positive impression of the lawyer that if you ever needed one in the future he or she would be the one to choose.

There are heart warming stories all over the country and the world of the great work that lawyers do. You just do not see it a lot of times since they might be in their office figuring out ways to help their clients. Thinking of previous cases and searching through databases in order to determine precedent to help their clients win this case. So much of the work that a North Shore lawyer does is behind the scenes and not out in public. They are dedicated people who spend hours upon hours of hard work in order to properly prepare for a case.

The public might see lawyers as people only out for money, and while true a number of them are that way, but for the most part the number one goal of a lawyer is to help their client. How much is that worth in today’s society? Well it all depends on what you are being challenged with, or if you are the one seeking damages.

North Shore family trust lawyerLawyers help their clients in so many different ways, especially in personal cases such as injury, divorce, domestic violence, buying property, creating a Family Trust and commercial work related to your business. The lawyer has the opportunity here to help you win a case which could be life changing.

With so many different situations it is really impossible to say how lawyers help every day. But in one way this is helpful to all of society and many families, is lawyers help put criminals behind bars. In many cases these lawyers work for the public and are not paid like the ones who work at private firms, but they care about defending the rights of people both living and those that are deceased.

Although you may have a prejudicial view of the lawyer fraternity, lawyers first and foremost responsibility is to know the law and use it to help the people they represent. If you have any legal issues and you live or work in Albany, a North Shore lawyer you can have confidence in is McVeagh Fleming & Co. They have a large team of experienced lawyers in many aspects of the law and can give you the advice and assistance you need.

North Shore business lawyer

What To Consider When Buying a Business


It is often thought that it is more of a risk to start your own business than buying an already established one. However, this is not always the case, as venturing into buying a business that is already operating without carrying out the proper research can be even more risky than starting your own business from scratch. The research includes the proper assessment of the financial statements by a qualified accountant plus the legal obligations and transactions by a commercial lawyer on the North Shore.


Some among the many questions to ponder on is whether the previous owner has been compliant to paying his taxes, is the customer data accurate, and also the terms of any leases at hand. Below are a few points regarding due diligence and legal aspects you need to know before purchasing an existing business.


The Due Diligence Phase

This phase involves thoroughly researching the company by finding out what lies behind the seller’s business. You do not want to get surprises once after the deal is done. This can be done by considering the following areas of concern:


Business Finances

It is extremely important to research the business finances to find out how it is performing. Do not simply look at the profit from last set of accounts. You need to look in depth at the numbers to see if the profit has been inflated. And as well, you should look at the figures over the last few years to see what trends there might be. Is the business declining due to poor management which you can turn around or is the market declining? You should also verify that the business lacks any form of debts and is viable as trading entity. It is essential to involve a highly specialised accountant to see you through this process as the effects that may arise from here are quite consequential.


Legal Issues

Take note of the businesses compliance and obligations to legal issues including any form of existing contracts, intellectual property rights, licenses, insurance policies, permits and the Employment Agreements are up-to-date. The last thing you want is to take on a series of employment law transgressions.



It is good to note that in any business, employees are one of its most valuable resources. They are the backbone of the business and usually have deep knowledge of how the industry and the business work. That said, you should learn all you can about them as they determine either the success or downfall of your would-be new venture. This is accomplished by you and your lawyer going through the related documentation on employee records, with the permission of the Human Resource Officer.


Business Structure

This is important to look at depending on the form of business you intend to purchase. Both the legal and tax obligations are different depending on the business structure. Thus ensure that your lawyer has fully explained how each purchasing option will affect you.


Determine what you are buying

It is advisable to take note of what part of the business you wish to purchase. Are you interested in the purchasing both the entity and any stock in that business or just the marketing assets of the business? Once you are sure of what you are interested in, then put this down as a formal agreement stating the terms of the asset acquisition. It is also important to take a look at the business name, licenses and other important intellectual property if they are transferable.


Consider Forming a New Legal Entity

Get advice from your lawyer on whether it is advisable to create a new entity, which will acquire the assets of your target business. As a general precaution, forming a corporation to buy a business is deemed to lower your personal risk for the business’s obligations.


Writing a Letter of Intent

Once you have decided what exactly you are buying from the business, a letter of intent should be drawn up by your lawyer outlining what will take place after the transaction.


Negotiate Purchase Terms

Once you have made your decision to buy, it is highly recommendable to have an expert determine the value of the business and finally work with a commercial lawyer for buying a North Shore business to draft the sales agreement.


Bringing on Board Employees

This is quite important as you need to be sure if you will keep all the employees in the business if buying the whole entity. Suppose you decide not to, it is wise to inquire from your employment lawyer concerning worker protection rules. Often you cannot simply reduce staff numbers or single out an individual to sack. The laws governing employees are very demanding and can be extremely expensive if you get them wrong.


It is advisable when buying an existing business, to follow the above steps and consult a commercial lawyer on the North Shore who will ensure that you start running your new business without any legal problems.


NZ Engagement Rings

How To Choose The Right Jeweller For Your Engagement Ring Purchase

Princess cut diamond ring
Princess cut diamond ring

A lot of guys have their first experience buying jewellery when it’s time to get an engagement ring. Due to men being men, most of them have almost no knowledge of diamonds, or diamond cuts. They also aren’t aware of the value of the diamond they are looking to purchase. This leaves room for a lot of jewellers to take advantage of these young men. Not all jewellers are dishonest. It’s possible to find one that won’t rip you off. With these simple tricks, you can tell whether the jeweller is fair and trustworthy for engagement rings NZ jewellers have on sale.

Is He Overly Friendly?

Being an overly friendly salesperson can be a warning sign to customers. If someone is talking like there is honey coming out of their mouth, they may be insecure about the sale they are trying to make. If they are acting like a of car salesman, being overly friendly shows that the jeweller is not confident they are offering you exactly what you want.

Look Up Information And Prices Of Diamonds

The best way to not get ripped off in a jewellery store is to know what you are looking at. It is a much better bet than using psychology to judge the jeweller’s character. Finding out about the cost of jewellery is easy. Simply look on jewellery websites in NZ. You will be able to see an average price for the amount of karats you desire. However, the karat weight is not the only guide. Clarity and colour also have a big effect on the price of a diamond. You don’t need to become an expert, but a little knowledge can be helpful.

Never Work With A Jeweller That Won’t Accept Your Budget

You may only have a certain amount of money to spend. Typically people who get engaged are only at the start of their careers. They have not had a lot of time to establish themselves financially so budgets are important. Sticking to them is even more important. Getting your fiancée a ring she will swoon over is nice, but you still need to have money left-over to pay the rent.

Feel free to tell the jeweller your price range. After doing so, gauge their reaction. If he seems to accept that you only have a certain amount of money to spend, they will be a good shop to buy from.

Some Jewellers Do Financing

Pink diamond engagement ring Auckland
Pink diamond engagement ring Auckland

An engagement ring can be an extremely expensive purchase. Thousands of dollars are needed to get the ring your fiancée’s really dreaming about. That’s why many jewellery stores offer financing. Of course, you should make sure that you’re in a good position before doing this. It’s never a good idea to miss a payment.

If you are unable to get a loan from the jewellery store, you have several other options. A hard money loan is a good choice. If you have decent credit, you might be able to get your loan from a bank.

Does He Understand Your Lingo?

Jewellers use a lot of words that most young men aren’t familiar with. They may describe a ring as being princess cut, but many guys have no idea what this means. However, they do know what a square diamond is, which is more or less the same thing.

Some guys may walk into a jewellery store using completely unorthodox terminology. Instead of saying that he wants a minimalist ring, he might state that he wants one that’s not too showy. If you’re one of these guys, make sure you find a jeweller that’s used to dealing with customers who have never walked into a jewellery store in their life. This can be found easily at an engagement ring store.

Never Trust A Jeweller That Doesn’t Ask About Your Preferences

A jeweller should be extremely curious about whether the ring is actually right for the customer. If he does not show concern for how well it fits the customer’s fiancée, he clearly doesn’t care about his job and is just trying to make a sale. For example, the jeweller should ask about the size of the woman’s fingers – long and thin or shorter because different diamond shapes suit different finger shapes. There are many other ways to show the jeweller cares about your outcome rather than simply making a sale.

Try Looking Online

Another easy way these days to find a great engagement ring in NZ is to search online. There are some fantastic websites which give you a great insight into the types of engagement ring design and also background on how to assess the diamond or other stone you might want. Take a look here for example Orsini Fine Jewellery. They have designer rings or custom designed and manufactured ones available throughout NZ.

Now You Know

You have all the information needed to successfully buy an engagement ring. All that’s left is to get her to say yes. I’m sure she will when you pick out the right ring. There’s something about diamonds that makes women melt.

That website is

North Shore Commercial Lawyer

Here Is Why You Need Legal Advice Before Selling Your Business

Business woman and clientDo you own a business on the North Shore of Auckland and you are considering selling it? If you are, then the chances are it was not easy to make that decision, but nonetheless, you are ready to sell. If that is the case, then you will want to get legal advice before selling your business, and we will discuss some of the reasons why you should talk to a commercial lawyer for selling a North Shore business.

1. Determine The Value Of Your Business- Before you sell your business, you will want to determine the value of it, as this can help you set a price, but it is easy to undervalue or overvalue your business, and that is why you need legal advice. When you get proper legal advice from a professional that knows what they are doing, then they will be able to help you determine the value of your business. When you speak with an experienced commercial lawyer that knows the ins and outs of selling a business, then you will know how much you should sell your company for.

2. Help Determine What You Want To Sell- An experienced lawyer can make a huge difference to your final outcome which will depend on what you want to achieve. For example, do you want to have any ongoing involvement in the business whether that is as an investor or even an active role? Alternatively, do you want to exit the business completely? If you run a large company then you may need help deciding whether you should sell your business via stock option or asset purchase. There are a few pros and cons to both and knowing these differences is very important, and you need to have a clear idea of which is the better option to go with.

3. Know Exactly What You Need To Do- There are many different things that you will be facing when sell your business, and this includes letters of intent, financing options, lease transfer and things of that nature. Some of these things you may not fully understand, therefore it is a must that you receive legal advice. The last thing you want to do is to do something wrong, as this could end up delaying your plans to sell your business, even halt it or cost you money in the long run.

4. Get Advice About Debt And Your Company- Another reason why you will want to get advice before selling your business is your business may be in debt, and this may affect how you can sell your business. There may be certain things you will need to do before you can officially put your company on the market. When you know what the implications are involving selling your business that is in debt, then you will know exactly what you will need to do.

5. Know How To Handle Contracts And Agreements- Before you sell your business, you will want to know how to handle contracts and agreements. This means you will want to understand the contract and you will want the buyer to fully understand the contract. Contracts and purchase agreements are often based on the real estate Sale and Purchase Agreement but they generally have additional clauses which you want to make sure are in your favour. For bigger sales, the contracts can be complicated, but here again, this is where the experience of your local commercial lawyer on the North Shore can help with business sales.

As you can see, it is very important to get legal advice before you sell your business, and the above reasons are just a few reasons why you should get legal advice before selling your business. Making the decision to sell your business is hard enough. Make things easier on yourself and make sure you speak to a commercial lawyer for selling a North Shore business before selling your company.

McVeagh Fleming lawyers

After Hours Plumber in Albany

An After-Hours Plumber Offers A More Convenient Option


Plumbing problems cause a lot of inconvenience for the household. A lot of people make the mistake of postponing their plumbing repair because they work full-time during the day and cannot take time off so easily to wait for a plumber who also only works during regular business hours. The problem with this is that the longer the homeowner waits, the bigger the plumbing problem can get. If the problem continues to be ignored, it can turn into an expensive plumbing emergency. A better approach is to contact an after-hours plumber to fix the problem as soon as the problem is discovered.

No doubt you are busy at work every day. In order for you to take time off, you may have to coordinate it with your boss and colleagues so that your work can be covered while you are away. Not only that, but your boss will expect you to use your vacation time accrual to cover your personal time-off.

A plumber will often give you a four-hour window on a specific day during which he will come. That means you will be taking off a significant amount of time from work just to wait for the plumber. On top of that, sometimes a job can take longer than expected. Even if the plumber was scheduled in the morning, you may not be able to return to work in the afternoon as planned if the plumbing repair is not done yet.

When you hire an after-hours plumber in Albany, you avoid all of your problems around your work schedule. You do not have to get your boss or co-workers involved because you will not need to take time off work. You simply make an appointment with the plumber to come in the evening, after you get home from work. You will not have the pressure of needing to return to work by a certain time. You can allow the plumber to work on the problem until it gets done.

Using a plumber who works after regular business hours can reduce your stress on taking time off from your busy work day. You can have him come when it is convenient for you. The plumber will work around your schedule and will get the job done quickly.

Not all plumbers will offer evening appointments. When you call a plumber, make sure that you find out what his hours operation are. Ask if there is extra charge for the appointments after hours. You may want to look for reviews on plumbing services so that you can make an informed decision on the best service for your needs.

Without a doubt, an after-hours plumbing service offers you better options in appointments. When you have a plumbing emergency at night or even on the weekends, you can have peace of mind that you have a reliable plumber whom you can call. Even if you plumbing problem is minor, you no longer have to delay to get those small plumbing problems fixed.

Heron Plumbers offer an after-hours plumbing service. You can find out more about them here

Ellerlsie Real Estate Listing Agent

Finding The Best Agent For Real Estate Listings In Ellerslie

The real estate industry has plenty of agents so finding a real estate agent is easy but the hard part is finding the right kind of agent. The type of agent you look for will depend on what you are trying to achieve. If you are selling the home, then a property listing agent in Ellerslie would be where to start as opposed to getting a selling agent.

The two real estate agents may seem to handle the same roles, but in effect, they are more different than you might think. If you take a walk around the neighbourhood, you will see plenty of “For Sale” signs. These banners and also the other marketing you see, are as a result of the efforts of the listing agent. Their role is to create awareness and interest in that home for sale. The selling agent then comes in to play by bringing possible purchasers to see the house and convincing them to buy the home.

Start Looking in Ellerslie for a Listing Agent

If you are looking for a good agent for real estate listings in the Ellerslie area, then there is no other better place to start than right outside your door. All the well-maintained “For Sale” signs will be the indication you need to create a short-list of agents to contact. A quick tip; do not be in a rush to call any of the agents or real estate companies. Take your time to see who puts up a SOLD sign the fastest. Some will have the sign up in a month and others within a few days. Doing this will help narrow down your options when looking for the best listing agent.

Check Out What is on Sale

Visit open homes of those agents and talk to them about buying a home. This is not your goal but you can learn a lot about how that agents responds. You will have a casual talk as you ask a few relevant questions and collect business cards. For example, do they ask you what you are looking for? Do they call you back? Are the firm but polite? How they treat you is a very good indication of how they will treat prospective buyers for your home.

Ask Around for Recommendations

Approach your neighbours, relatives, co-workers, and friends who have sold their homes. Find out who they hired and their experience with that agent. You might be surprised to find a certain listing agent mentioned by several of the sources you talked with. For example, in the Ellerslie area, one name that is often mentioned is that of Mark Tung. Here are some of the testimonials he has received for his professional Ellerslie real estate listing service.

Source Professional Information

Seek some additional information and appraisals from other professional individuals in the real estate industry. You can approach mortgage lenders, home construction contractors and other professionals like property lawyers who work with listing and selling agents regularly. These professionals will be a good source of important information about that you need to look for, and might even give you recommendations of who to hire.

Conduct Interviews

The first thing to ask is if the agent is a member of the NZREI (NZ Real Estate Institute). All NZREI members have all the legal qualifications and licences pertaining to their profession. Find out the agent’s opinions on the condition of your home and the various changes you need to make to increase its value and chances of a quick sale.

Bear in mind that most listing agents are independent contractors hence they can also act in the position of selling agents. They work on a commission basis under an affiliation with a certain real estate company. Ask what the commission terms will be and what services are included for example, do they include a listing on TradeMe. However, the commission should not be the deciding factor. What is the pint of a low rate if the agent cannot sell your house? It is far better to pay a little more to a property listing agent in Ellerslie if you can get a better price or a faster sale.

Grey Lynn Villa Renovations

Villa renovation Grey Lynn

Why Restoring Grey Lynn’s Historic Villas Requires Specialised Builders

Buying an older building with an historic pedigree can be an expensive proposition. One of the best ways to get a better price on such a building is to purchase one that requires restoration. You need to exercise caution when rehabilitating old buildings, though! The assistance of builders who know how to handle historic structures and renovate a Grey Lynn villa is absolutely vital.

Restoration Specialists Have Valuable Experience

Roof renovationEven if you are no stranger to organising renovation work or even doing it yourself, when you are facing your first very old villa you are entering an unfamiliar world. Building techniques and materials have changed dramatically in a relatively short-time frame, and renovation methods that would be perfectly appropriate for a new building may be useless or even harmful to an old villa. This is why builders who have handled historic restorations before are positively necessary. They will be familiar with the special needs of historic buildings and alert you to important issues that have to be handled with respect for the old fabric of the structure.

Historic Structures Attract Increased Scrutiny

Sometimes the most irritating part of a major renovation project is dealing with the paperwork and regulations involved. Satisfying building inspectors, submitting plans, and filing for permits all add expense, delay, and hassle to the building process. All of the regulatory difficulties of fixing up a building are far more demanding when you are working on a historic structure. It is very likely that you will be dealing with a historic district commission, a body of construction professionals who will hold your work to very strict standards. Ordinary authorities like inspectors and planning officials will pay more attention to work on an old building, too. Experienced builders who know the intricacies of historic work can help guide you through the regulatory labyrinth. The Council wants to retain the style, elegance and authenticity of the old villas and as a responsible owner, you do too so you can get a fabulous looking villa to call home.

Old Materials Demand Rare Building Skills

With many old buildings, the appearance of aged building materials contributes a great deal to the structure’s charm. You will want to preserve and repair the building’s antiquated materials both inside and outside, such as exotic wood floors, copper plumbing, and a new tin roof. All of these materials fall outside the scope of ordinary builders’ experience. In order to maintain and repair them properly, you will need professionals who are thoroughly familiar with them, and these experts are in short supply.

Shoddy Restorations Can Reduce An Historic Property’s Value

Ultimately, you need not rely on a vague feeling of obligation or a desire to conform with historic district requirements to justify working with Grey Lynn villa renovation experts. The strongest argument in their favour is this: Poorly-executed restorations can actually detract from the value of an historic building. You want to preserve and enhance both the appeal and the value of your property. The best way to do this is undoubtedly to form a team of professional builders who have plenty of relevant experience working on historic buildings.

Depending on the precise materials and techniques used to build your old structure, you may need to call on quite a few different experts to restore it properly. The entire restoration process can be arduous, but carrying it through to the end without compromising the building’s historic character is immensely rewarding. Find experienced builders you can trust to minimise the hassles you have to overcome and make the whole project run smoothly. However, you then have to project manage the works and make sure that each trade is onsite and the materials are available at the right time. This can be a nightmare if you are not experienced in it. So for peace of mind, speed and to keep within budget, it is a much better idea to hire a single building company and they can handle all of the different service providers. Repair and Restore is well-known as a builder for villa renovations in Grey Lynn having worked on a number of successful villa renovating jobs.

You can get more details on this website

Buy and Sell Agreements

Buy and Sell Agreements

Senior Business Man

A common issue for numerous law firms relates to small to medium size commercial organisations with two to five directors who have difficult issues identifying the owner of their business. Issues continually emerge when one individual dies or perhaps is permanently disabled and the remaining owners are confronted with the truth that they now need to purchase this person’s shares in the business. This can lead to a series of money-related issues for the business and in a few cases can bring about a serious disruption of that business. This article gives some foundation and tips on the best way to secure your business and your own personal interests. In any case, you must talk with your business lawyer for advice and guidance you can apply in your company.

It is common for business mentors and financial advisors to recommend different ideas for succession planning of a business. These ideas are aimed at overcoming the problem when a director wants to retire. Generally though, they focus on the management aspect such as who will replace the out-going person. They do not, nor do they have the skills, to advise on the commercial ownership issues.

These issues are complex from both a legal and a financial point of view. The best way to handle them is via a document called a Buy and Sell Agreement. Most financial advisors and mentors do not have the information of the law and the legal expertise needed to finish a detailed and robust agreement which will stand up to lawful examination if challenged by anyone and bring about a proper Business Succession Plan. For example, what happens to the shares of a director if they retire, become ill or even die? Who takes ownership of those shares and what does it mean for the governance of that company?

By consulting a contract or commercial lawyer on the North Shore, they can draw-up suitable documentation that will permit companies to continue even after the passing or permanent disability of a Director or Shareholder.

This is an idea that is certainly not new but rather is one this is rarely constructed in the right manner. Frequently Buy and Sell Agreements are ineffectively drafted and hardly ever reviewed. There may be an inclination to put something that the Directors quickly concur upon but they will not consider some of the difficult, yet common, issues that can emerge and a few solutions to them.

Brandon Cullen
Brandon Cullen

In general, this is because the individual who is drafting the Agreement only has a little knowledge about possible financial ramifications should a major issue come to play. To be honest, these issues are not matters which the average person takes into account when starting a business yet they can bring about the ultimate downfall of that company if they are not treated correctly from the start.

The circumstances which generally cause the issues which can require purchasing and selling of shares fall into one of the following four conditions:

1. Death

2. Suffering Total and Permanent Disability

3. Suffering Critical Illness

4. Diagnosed with a Terminal Illness

One solution is to consider different types of insurance which can be drawn upon in the event of any of those circumstances.

The Buy and Sell Agreement is where the shareholders of the business, not forgetting Trustees of Family Trusts, agree to certain actions in the event of any of those or other predetermined circumstances. A good lawyer will advise the steps to take and also include other common situations such as divorce or simply wanting to leave.

One solution is to consider different types of insurance which can be drawn on the occasion of any of those health related circumstances. It is strongly advised that you work with your commercial lawyer and also a business insurance broker. In Albany, Auckland, McVeagh Fleming and Co draw up Buy and Sell Agreements for North Shore businesses. Be sure to check out their website

Lawyer for Contract Dispute

Understanding Breach of Contract Regulations

Craig Andrews
Craig Andrews

Breach of contract rules exist in order to ensure that people who are involved in a contract are treated fairly. Parties to contracts must behave in the way that is specified in the contract unless both of the groups or people involved agree to a change in the terms of the contract. If one person deviates from the contract and the other party accepts that deviation and “ratifies” the contract through their action or non-action, then the deviation may be allowed to stand.

However, if there is no acceptance of the deviation, and the deviation happens to be serious enough to make a difference to the contract, then the person who deviated from the contract is said to be “in breach of contract” and the breach may have consequences depending on the terms of the contract.

When one party fails to perform their end of a contract in a way that prevents the other party from performing their end of the contract, this is straightforward – however, when the party is in breach of contract because of a dispute – for example the timing of the work being done or the quality of the materials is unsuitable, then this is a problem that is harder to manage and the contract law may be complex.

When a breach of contract occurs, it leaves the party that has improperly performed open to a claim from the other party – for damages, or to reclaim anything that was being passed over in terms of the obligations they had in the contract.

The party with the grievance should support their claim by showing that up to the time of the breach they had done everything that was required of them, and that they have done nothing that would make it unreasonably hard, or impossible, for the other party to fulfil their obligations. It is likely that the party that is in breach of the contract will try to make excuses for the breach, and the aggrieved party will need to be able to answer those as completely as possible.

Because contracts can be so complex, the courts have decided to evaluate contract breaches in more subtle ways. Instead of the binary states of “breached” and “not in breach”, they now have more granular terms.

There is a doctrine known as “substantial performance” which you can find out in the Contractual Remedies Act 1979. This notes that if a party has largely fulfilled their obligations under contract law then they will be protected from substantial loss if they fall short on just one minor part of the contract as long as that shortfall does not substantially affect the outcome of the contract.

This limitation prevents a scenario where a minor imperfection is used as a loophole for a customer who wants to avoid paying for a product or service. As long as the contract was substantially fulfilled it will still be considered to have been met in the eyes of the law.

Contract law can be very complicated so anyone who has been affected by a breach of contract seeking sound legal advice, should consult their dispute resolution lawyer. Auckland has plenty of law firms some large and others small operations. If you want the comfort of an extensive team without the expensive trappings of the international firms, then a law firm you might like to try is McVeagh Fleming and Co ( They can talk you through any breach of contract in Auckland and the options you have.