Media & publications



Our staff regularly write various articles for media and published journals. We trust you find the following articles of interest. If you would like to discuss any aspect in greater detail, please contact us.


December 2017

Notaries Public in New Zealand - Ken Lord

The Property Lawyer Volume 17 Issue 3

Click here to read for more on the role of the Notary Public in New Zealand.


Property Law: Commercial Leases

Recording all lease arrangements in writing is extremely important to Commercial Landlords and Tenants.

Failure to record arrangements in writing and in consultation with your lawyers is likely to cause difficulty in the future.

ADLS leases are the common form of lease for commercial property and make very good provisions for outgoings to be levied and apportioned between Tenants fairly and reasonably.

Read the full article on commercial leases and ADLS leases here.


Property Law: IRD Number Requirements

Buyers and sellers of land in New Zealand are now required to hold a New Zealand tax identification number as part of the land transfer process.

This can cause issues for unwitting buyers and sellers, particularly those who are based overseas. 

Failure to hold an IRD number can result in completion delays and, in some cases, buyers or sellers being placed in default of their contractual obligations.

Click here to read the full article by Senior Solicitor Tim Sinclair.


Cyber Bullying - it needs to stop

With increased use of technology, cyber bullying is a serious issue for the young and vulnerable in our society. Anyone with a computer or cell phone can potentially be a victim.

Recent lay changes aim to crack down on harmful digital communication.

Our Litigation team can advise you on any aspect of the new law.

Click here to read the full article by solicitor Tanya Surrey.


Be Careful; Safety First

Be Careful; Safety first

Following serious H&S incidents in NZ, the new Act coming into effect next year will be here to stay. 

If you are an employer or have a senior role in a business, we  recommend you start to familiarise yourself with the key concepts and how they differ from the current legislation.

We suggest now is the time to review your H&S practices and take steps to ensure you will meet your duties under the new Act.

Mactodd's team can assist you with this process.  Click here for our full article by Bonnie Zareh.


District Plan Review - Time to Submit

District Plan Review – Time to have your say

The council has called for submissions and these must be lodged by 23rd October 2015.

It is very important that all landowners take the opportunity to familiarise themselves with the relevant part of the Review as it affects their property, and if necessary, lodge submissions.

It is advisable to lodge submissions on the parts of the Review that you particularly support as well as those parts which you oppose.

Resource Management Partner Jayne Macdonald provides a final summary in our 5th paper designed to provide a comprehensive overview of the process and how it may affect you.


District Plan Review - Residential Zones

In this 4th of our series on the Queenstown Lakes District Council's review of its proposed district plan we will take a look at the proposed residential zones - High Density, Medium Density, Low Density, Large Lot and Arrowtown Historic zones.

It is important for land owners to take the time to check out the zone requirements which will apply to their land and to the land in the immediate vicinity.

Click here to find out what it may mean for you.


District Plan Review - Town Centre & Business mixed use Zones

Queenstown Lakes District Council is currently in the process of reviewing its District Plan.

A draft of the Town Centre Chapter and Mixed Use Zones was published in Oct 2014.

We take a look at:

  • The change options being considered
  • The Issues identified and
  • The detail and possible implications for the district

District Plan Review - Landscape and Rural Areas

The Queenstown Lake District Plan Review - Landscape and Rural Areas had certainty and simplification as a goal.

This is welcomed however needs to be balanced against the need to protect the environment

When the plan is publicly notified, those owning land in rural areas need to be vigilant and take the trouble to inform themselves about the plan and how it will affect them.

Find out more


If you need to settle a dispute about how best to care for your children, you may be eligible for Free Legal advice.

Contact Rachel Napier, our Family Legal Advice service provider to find out about your rights and options and assistance with court entry forms.


Wed, 8th Jul 2015

District Plan Review - The Countdown is on

QLDC is to notify Stage 1 of its District Plan review in August 2015. Stage 1 will introduce changes to rules in the Rural and Rural Residential areas of the District.

It will also address the Residential Zones and Town Centres, Some of the changes will affect you are far reaching. In this newsletter, Resource Management Partner Jayne Macdonald provides an overview of the changes to the Subdivision rules.

Keep is Simple Simon - But is it really? QLDC's Proposed New Subdivision Rules.


February 2015

District plan review notification

Councils are required to undertake a review of their District Plan’s every ten years. In preparation for this review, QLDC’s policy planning team have been undertaking monitoring to assess the effectiveness of the District Plan’s rules. This work has culminated in a series of reports, called “Section 32 Reports” identifying issues and suggesting improvements to various chapters of the District Plan. These reports and the changes proposed can be accessed via the Council’s website by clicking on the following link, or going to www.qldc.govt – Planning & Consents – District Plan Review – s32 Archive.

The following chapters of the District Plan are included in Stage 1 of the review – Residential, Rural and Rural Living, Town Centres, Queenstown Airport Mixed Use zone, Heritage, Utilities and Noise (across all zoned).

This article examines the changes proposed for the Residential and Rural Zones in the District Plan.


Mon, 6th Jul 2015

"I give it a year"

Ending marriages of short duration

Whirlwind romances can be a wonderful and dramatic thing. We’ve all been taken by surprise at some stage in life by a friend announcing a wedding to someone they haven’t known for long but insists ‘this is the one’. Hollywood loves the Las Vegas style wedding too. Sadly, however, some of these more dramatic pairings don’t stand the test of time and the law makes special provision for what’s known as a ‘marriage of short duration’.

The Property (Relationship) Act 1976 (usually known as the PRA) applies to anyone who has been in a relationship whether it’s a marriage, a civil union or a de facto situation. Click here to find out more.


March 2015

Work Life and Private Life

Are you friends with colleagues on Facebook? Do you comment about your job and work life?

A recent Employment Relations Authority decision confirms that you should always apply caution when mixing work with social media outlets.

Writing negative comments or ‘liking’ another’s about your work place can lead to disciplinary action. It is easy to get lulled into the feeling that Facebook and other social media outlets are anonymous or that you are un accountable for your actions and comments. Do not make this mistake as you just might find yourself on the receiving end of disciplinary action for a simple click of the "like" button. To read more, click here.


February 2015

Employment Law - Changes you need to know about

Are staff entitled to a tea break?

Who is entitled to ask for flexible working arrangements?

Find the answers here


February 2015

Building the Castle

Building the Castle

There are plenty of horror stories around when it comes to building a new home. To help mitigate the risks associated with home building, the three most important things are that you do your homework before starting the build, read and understand the building contract and make sure you get professional advice before you sign the contract.

Read the full article here.


Mon, 23rd Feb 2015

An update from Mactodd

It’s hard to believe that Autumn is almost upon us. What a fabulous summer we have had throughout the country and more locally in the Wakatipu. There is a real sense of “pick up” in the local economy. Visitor nights continue to be high and the town is buzzing.

We have watched with great interest the ‘big dig” next door to us on the Skyline site, and eagerly await the rebuild of what will be another iconic Queenstown waterfront building.

On the business side of things we have some changes in the team.

February 2015

Bridesdale Farm - Launch date 21st February

Bridesdale Farm - Launch 21st February

The exciting new sub division of Bridesdale Farm is due to launch on 21st February. Open days have already commenced.

To secure a section on the launch date, you will be required to sign a sale and purchase agreement on the day and pay a 10% deposit. All finance arrangements and due diligence of the purchaser must be completed prior to signing the agreement.

Rights to cancel under the agreement are limited. Buyers must therefore obtain independent legal advice prior to signing & ensure that their finance and all queries regarding their purchase in the subdivision are resolved prior to launch date.

We would welcome the opportunity to provide existing and new clients with a FREE intensive consultation on the Bridesdale sale agreement.

For the Bridesdale website click here


December 2014

Don't Get Caught Out During the Holiday Season

When the festive season begins the drink drive limits are lowered. As of 1 December 2014 anyone caught driving with breath or blood at the reduced level will receive a $200 infringement notice and 50 demerit points.  Drivers under 20 will continue to have a zero alcohol tolerance.

At a time when you may feel like your hoping from one party to the next it is important to consider the real consequences of being caught by the new legislation. Read the full article here.


August 2014

The Real Estate Agents Duty to Disclose an Interest

When does a real estate agent have a duty to disclose an interest in a transaction to a purchaser?
Does the duty obligation only extend to the real estate agent listing the property?

This case study of an appeal from the Real Estate Agents Authority to the High Court answers these questions.


November 2013

Acting as Guarantor

Know the Risks

Guaranteeing someone else’s obligations can be a serious risk. This includes guaranteeing a loan, rest home occupation licence or a lease. With issues such as redundancy, disability, relationship breakdown and rising interest rates, going guarantor is not just a bank ritual it is a significant risk. 

This article outlines what you should know before you sign as guarantor.


March 2013

Don't Let Your Competitors Copy You!

IP Protection for Your Business

Is that brilliant new invention you came up with protected?

Protecting "Intellectual Property" creates a significant barrier to competitors, builds credibility, adds value and helps prevent other businesses copying your products or services. However, there are a number of legal issues when considering Intellectual Property protection for your business.

Click here to see a summary of the current protections available in NZ.


January 2013


Taking land under the post-earthquake regime

The Canterbury Earthquake Authority ("CERA") is giving public notice of its intention to take land in order to build planned community facilities and new residential opportunities. 

Partner Jayne Macdonald's article discusses how "CERA" is able to take land and the subsequent compensation process.


September 2012


We need trees, but they can be problematic in the urban environment when they obstruct views, block natural sunlight, damage property and create safety risks. Recently there have been problems with the unauthorised trimming of council trees in Wanaka and Arrowtown.

Open the full article here to find out what you can and cannot do when it comes to problematic trees.


June 2012

Buying Or Selling a House?

Click here to view the changes to the latest Agreement for Sale and Purchase which has been released by The Real Estate Insitute of NZ and Auckland District Law Society.


July 2012

Are Your Rights To Take Irrigation Water About to Run Dry?

Fresh water is vital to the life of the Southland Region. It sustains our communities and allows our farmers to farm. Water allocation over the last ten years has increased significantly. Intensification of land use within Southland is leading to greater demand for water, particularly from irrigation.

Please download the full article here.


February 2012

Can We Have Our Cake and Eat It Too?

Competing for a Slice of the RMA Pie

What are the constraints to development and growth that the Resource Management Act (RMA) places on us? What are the competing demands on our finite resources? Allocation of resources in a geographically contained and nationally significant area?

To find out the answer to these questions and more please click here.


February 2012

Working 9 To 5 and More

In today’s business environment the relationship between you and your staff is crucial. The employment agreement should be clear on all aspects of the employment including the hours of work. Many businesses often need their staff to work overtime and this is where problems can arise if the expectations are not clear.

Read the full article to find out more.


June 2012

Resolving Disputes Efficiently

When disputes arise in your business, going to court can be a costly, stressful and time consuming process. An option worth considering is the Disputes Tribunal. The Tribunal provides a quick, efficient and inexpensive means of resolving disputes. The hearings are much more informal than those held in the courts.

To read more please open the full article here.


November 2011

Big Brother In The Modern Age

There can be a fine line in today's technology between what is public and private material.

Having systems in place to control the use of the communication systems is a sensible idea for all parties. Since the development of electronic communication, clauses relating to the use of email system systems have been helpful in employment contracts.

To read the full article please click here.


Personal Property Securities Act 1999

Click here to view our Commercial Partner, John Troon's notes on the paper presented at the Southland/Otago Law Conference on 21 July 2012.


Cyber bullying - it needs to stop

Cyber bullying – it needs to stop

With increased use of technology cyber bullying is a serious issue for the young and vulnerable in our society.  Anyone with a computer or cell phone can potentially be a victim.

Recent law changes aim to crack down on harmful digital communication.

Our litigation team can advise you on any aspect of the new law. Click here to read the article by solicitor Tanya Surrey.