Wynn Williams promotes Tim McGuigan to Partner

Wynn Williams is delighted to announce the promotion of Tim McGuigan to the firm’s partnership, as of 11 November 2024.

Embracing tikanga: implications for New Zealand law

Te Piringa | Faculty of Law at The University of Waikato recently hosted Justice Whata who gave a lecture on Tikanga and the law on 24 October 2024 as part of the Norris Ward McKinnon Lecture Series.   

This engaging presentation and discussion highlighted the incorporation of tikanga Māori into the mainstream New Zealand legal system. This evolution reflects a broader societal shift toward recognising Māori legal traditions as an integral component of our national identity.

Time limits for building claims: 10 years or 10 + 2 years?

The Supreme Court has released its long-awaited decision of Beca v Wellington City Council regarding whether the Building Act’s 10-year longstop applied to third-party contribution claims. In a 3/2 split, the Supreme Court held that it did not.

A call to action: a renewed case for regulation of employment advocates

The employment jurisdiction is somewhat unique in that the institutions have historically allowed a special place for lay-advocate representatives. They carry out the same work as lawyers including representing parties in disputes, negotiations and mediations, and at the Employment Relations Authority (Authority), Employment Court and, with special leave, beyond. However, there is no regulatory framework to address issues of concern regarding an advocate’s conduct, competence or complaints. Lawyers are bound by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008 and are subject to complaints and disciplinary mechanisms. When an advocate fails to conduct themselves professionally or competently, it is the client or applicant who is at risk of a poor outcome or even costs and penalties if there is non-compliance with orders of the Authority or Court. Yet employment advocates are not answerable to any professional body.

Unconscionable conduct in the spotlight

Recent news from across the Tasman provides a timely reminder to New Zealand businesses that engaging in unconscionable conduct will not be tolerated by regulators. The Australian Competition and Consumer Commission (ACCC) has commenced proceedings against Australia’s second largest telco provider, Optus Mobile Pty Ltd (Optus), for allegedly engaging in unconscionable conduct by selling telecommunications goods to vulnerable consumers who did not want or need them.

Future proofing your assets: how contracting out agreements can help

Contracting out agreements, commonly referred to as “pre-nups”, can be an awkward topic to raise with your partner, but they are an essential tool in your asset planning and protection toolbox. Contracting out agreements provide clarity to both parties (or their survivors) in the event that they separate or one or both of them dies. Just like an insurance policy – hopefully you will never need to use it, but it is there if the worst happens!