Litigation & Dispute Resolution

Civil Litigation 

This is where there is a contract dispute or a dispute over land or buildings (construction contracts, construction law and leaky buildings) or a competing claim under a Wills or Trusts and can include disputes between companies, trusts or individuals. We have experience in most civil litigation which can also include other forms of dispute resolution around negotiating and settling disputes over trusts, wills, throughout most of the courts in this country. Judicial Settlement Conferences, mediation and arbitration are just some of the other processes we undertake to assist in resolving a dispute. Sometimes, these processes are not suitable and seeking a judgement form the court is the only viable option. We have the resources and tools to ensure that whatever you require to fix the problem is here for you. 

Criminal Prosecutions 

Our team provide defence representation for police prosecutions, local authority prosecutions (such as Building Act prosecutions brought by local Council), Health and Safety Act prosecutions and tax prosecutions. Recently, we have successfully defended charges brough by the Ministry Primary Industries (MPI) and Ministry of Business and Innovation and Employment (MBIE). We have recently been particularly successful in responding to prosecutions brought by the Ministry Primary Industries under the Dog Control Act 1996, Animal Welfare Act 2006, Food Act 2014 and Fisheries Act 1996. 

Family Law 

Relationship Property claims are on the rise. This happens when spouses break up and they have been together for at least three years. Many times, compromises can be found through discussions with the other party’s lawyer. However, when this does not work proceedings may need to be commenced either in the Family Court or the High Court depending upon the circumstances and whether a Trust is involved. 

Not all relationship break-ups are amicable. Even if the break-up is amicable, advice is always essential. Relationship Property disputes are a specialist area of law and specialist advice is always essential to ensure that entitlements are properly understood and decisions can be made as objectively as possible both to save  costs and to ensure that the right decisions are being made for the right reasons. All of our consultations are undertaken compassionately with a view to reducing stress and increasing certainty. This certainly will enable you as our client to best plan for your future. 

MEDIATION

We strive to resolve relationship disputes quickly with the goal of achieving a successful settlement outcome for our clients.

When disputes between two parties are unable to be resolved, you may require an independent mediator to oversee negotiations.   Mediation is the resolution process where an impartial mediator facilitates the negotiation process between the employer and employee.

The independent mediator does not have any decision-making power in the negotiation process, the mediator is a guide for the negotiation process.  The mediator merely assists the two parties to come to their own agreement.

Once an agreement has been reached between the parties, the mediator will assist with the confirming and signing of the mediation agreement, setting out all the outcomes of the issues resolved during the mediation process. To ensure your negotiation runs smoothly and the right outcome is achieved for both parties, we will represent you as the employer or employee.

Employment Relationship Problems

Problems occur frequently between employer and employee. Knowing how to deal with these issues promptly is essential to reducing stress regardless of whether you are an employer or an employee. Sometimes this requires triggering the personal grievance clause within an employee’s contract. When this happens, a resolution is commonly found either through mediation or through an investigation in the Employment Relations Authority or the Employment Court.

COVID-19 has pushed both employers and employees to financial breaking point. Our team has of late been particularly busy advising and representing employers and employees in redundancy problems. Frequently, Employers when faced with a letter of grievance we have written on behalf of our employee clients have agreed to settle early including meeting payment of our costs. Employers, who engage us, have all been satisfied with the thoroughness and timeliness of advice which has enabled the employer to act swiftly and decisively with our help in guiding them through the redundancy process by preparing all letters, information packages and responses to questions and ensuring at all times the employer remains immune from a claim.