Turner Hopkins is a well-respected and trusted multi-service law firm located on the North Shore in Auckland. We first opened our doors in 1923, and with almost 100 years of experience, we pride ourselves on being able to provide a practical and common sense approach to a diverse range of legal issues for local, national and international clients.
Deciding to buy a business is something that should not be taken lightly. It is essential that you get the advice you need to ensure you are making the right decision. Whether you are buying a small home franchise business or multimillion-dollar manufacturing business we have the expertise to help you get through each stage.
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The process of selling a business starts long before a Sale and Purchase Agreement is signed. Anyone contemplating selling their business in the not too distant future should take steps to ready their business for sale. If you are looking at selling a business get in touch with us as soon as possible. We can assist you to understand what you need to do to get your business ready for sale and guide you as painlessly as possible through the process.
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It is critical to choose the right business structure for your commercial requirements, as the structure will impact on many aspects such as start up costs, taxation matters, applicable tax rates and your legal obligations. Limited Liability Companies are by far the most common vehicle operating in New Zealand for small to medium enterprises. They are cost effective to incorporate and provide a significant degree of limitation of liability in respect of business creditors.
Limited Liability Companies have a default set of governance rules that are embodied in the Companies Act 1993.
It has become more prevalent in recent times to carefully assess business risks and from a borrower's perspective limit the risk to the immediate assets. Proprietors are no longer willing to simply offer guarantees with supporting collateral securities over houses, investment properties and other similar assets. It has become more commonplace to provide a limitation of collateral securities to a specified sum that is only necessary to fulfil the lender's funding criteria.
We also advise clients that it is important, where a family trust or other entity is called upon, to offer security securing a trading entities funding. The family trust should receive security from the company as consideration for the securities it is offering.
When embarking on any commercial enterprise it is important for the parties to turn their mind to the potential for disputes in the future and agree upon a fair and cost effective method for dealing with these disputes. Mediation through a formal and qualified mediator has become significantly more popular over the last ten years. It offers the advantages of speed, privacy and cost effectiveness.
There are other options including arbitration and litigation. We have at Turner Hopkins, experience in mediation, arbitration and formal litigation should you be required to embark on any of these processes.
This is an issue which must be considered carefully from both the vendor and purchaser's perspective. We believe it is appropriate to form a team of professionals to assist a vendor or purchaser throughout the due diligence period of a transaction to ensure comprehensive advice is obtained on all aspects of a transaction; including assets values, trading history, resource management issues, leasing issues, marketing and competition.
Turner Hopkins has in depth knowledge around financial structures, funding and finance. This is a complex area that we are only too happy to assist. There are both benefits, and, in some case disadvantages depending on the structure used which should be understood from the outset.
Civil Litigation involves disputes between individuals or companies. Turner Hopkins has an outstanding track record in dispute resolution as well as all manner of commercial litigation.
Should a dispute develop into Court proceedings, our team of experienced litigators are well qualified to competently and expertly represent our clients in whichever Court or Jurisdiction the case is held.
Litigation is the process by which disputes are resolved. There are a multitude of processes and procedures available to deal with disputes between individuals or companies. The procedure will depend on the circumstances of the parties and the nature of the dispute. Identifying the correct process is the first step towards resolving an issue. No matter which procedure is adopted, the majority of disputes, at some stage, involve a form of negotiation, settlement discussion, mediation or (if subject to court proceedings) a judicial settlement conference. We have a wealth of experience in assisting clients navigate this complex and unfamiliar territory. Our clients have provided us with outstanding feedback and accolades on our performance in representing them. We are constantly humbled by our clients providing to us their very highest compliment – referring their family, friends and colleagues to us in times of need.
A large number of the disputes in which our clients become involved arise from commercial and/or property transactions. In such cases, prompt analysis of the issues and advice is usually required. We are acutely aware of the need for our clients to act proactively in order to protect their position.
Many property disputes involve disagreements arising from sale and purchase agreements, mortgages and securities and caveats. We have extensive experience in all these areas of practice.
We encourage our clients to contact us immediately should they become concerned about their contractual relationships. Prompt analysis of the issues and advice can often lead to a speedy, economic and advantageous result.
We also have a wealth of experience in advising clients involved in claims arising from negligence (including professional negligence), defamation, nuisance and other torts.
The key to succeeding in consumer claims is to ensure that the claim is clearly detailed, evidence is properly recorded and precise remedies are sought. We have experts available in most areas. With proper advice and professional services, disputes can often be resolved or settled without unreasonable cost or stress.
We have enjoyed considerable success in assisting parties involved in injunction applications (now called emergency applications) and can advise and assist parties either seeking or opposing this urgent form of interim relief.
A significant portion of our practice is dedicated to assisting overseas based clients. We have acted for a large number of clients in Australia, throughout Asia, North and South America, as well as Europe. Such clients often require assistance in dealing with legal difficulties where one of the parties involved in a dispute is located in New Zealand or where the contractual relationship requires the application of New Zealand law.
We frequently represent clients who are seeking to enforce overseas Judgments in New Zealand. This can be achieved either through the New Zealand Reciprocal Enforcements of Judgment Act or through common law remedies, depending on the circumstances. We have had considerable success in recovering debts owing to off-shore based clients by parties based in or with assets in New Zealand.
Over the last several years, Turner Hopkins has invested substantial resources in developing an extensive network of relationships with trusted legal advisers internationally. We have developed close relationships with specialists in various areas of practice throughout Australia and Turner Hopkins is also the sole New Zealand legal representative in the IPG network – an organisation of over 100 law firms and accountants situated throughout Asia, Europe, North and South America. These relationships mean that we have confidence in referring our clients' off-shore legal needs to legal professionals who are personally known to us and we are therefore able to ensure that our clients receive the very highest standard of service wherever that may be required.
The volume of work performed in this field has resulted in efficiencies which we have been able to pass on to our clients in the form of considerable cost savings and reduced fees. Our charges vary depending on the volume and nature of work involved, and in many cases are no greater than those that become recoverable pursuant to the Court rules and regulations.
One advantage of a specialised unit dedicated to debt recovery proceedings has been the relationship developed between ourselves and the various District Court registries throughout New Zealand. This enables us to provide increased efficiencies and benefits to our clients in the form of obtaining Judgments, successfully obtaining Interlocutory Orders (substituted service and charging orders) and pursuing enforcement proceedings (including orders for examination, attachment orders, High Court bankruptcies, liquidations and writs of sale of property).
A further competitive advantage achieved by us has been the ability to negotiate and obtain process server’s charges and agency fees at the very lowest possible rate. Those savings can also be passed on directly to our clients.
In addition, and to further benefit our clients, we are able to conduct in house tracing of debtors in order to ascertain not only a party’s location but also other information that will be of benefit in determining the most appropriate manner to pursue any claim. Service of proceedings is often able to be achieved (by way of substituted service) through Facebook and/or other social media. In the most difficult of cases we are able to offer further private investigation tracing charged on a “success only” basis.
In support of our debt recovery division, we have established an online database allowing high volume clients to have online, real-time, access to their files in order that they may maintain up to date details of the state and process of each claim and, most importantly, the amount due and recoverable from the defendant including legal costs and disbursements.
The debt recovery department of Turner Hopkins is managed by Michael Robinson. Feel free to contact him should you wish to discuss the manner in which we may be able to assist you and your business or organisation.
We cover all manner of day-to-day enquiries, including annual leave payments, sick leave enquiries, and the effect of new legislation. In particular, our employment law team is experienced in providing practical and effective advice to employers in the following areas:
It is essential to ensure that employment agreements reflect the terms of employment negotiated between employer and employee. Employers are required to allow employees to have the opportunity to obtain independent advice and assistance prior to signing employment agreements and it is at this stage that we can offer helpful and practical advice and assistance which will be of benefit throughout the period of employment.
The relatively recent amendments providing for the 90 day trial period are of critical importance to employers and employees. Specialised knowledge as to the structure of these trial periods, their effect and implications can be of considerable assistance.
Employees often require assistance when confronted by their employer for the purpose of employment reviews and in particular performance reviews and performance management processes.
When allegations concerning performance or discipline are made, it is essential for employees to understand their rights and entitlements as well as the stringent legal processes that are incumbent on employers.
In order for a redundancy to be correctly implemented, the employer must ensure the following:
a) That the selection criteria is fair and appropriate;
b) That the correct and comprehensive consultation and communication process is embarked upon and completed;
c) That the employee is given the opportunity to respond to the proposals that are made and ensure that their responses are taken into account prior to reaching a final determination.
Personal grievances can arise in a number of circumstances. In the majority of cases a personal grievance occurs when an employer terminates an employment relationship unlawfully. In such circumstances the employee has 90 days from the date of the event constituting the personal grievance to formally raise their personal grievance. In raising the personal grievance the employee must outline the actions of the employer which they claim constitute the personal grievance and the relief and remedies that are sought. The employer then has 14 days within which to respond.
In the event that matters are not resolved at this stage, the matter may proceed to the Employment Relations Authority. In almost all circumstances the dispute will become the subject of a mediation conference conducted through the Business Innovation & Development mediation services agency at which time the parties will have the opportunity to attend a round table discussion conducted on a without prejudice and off the record basis. It is of considerable assistance for both the employer and employee to have competent legal representation for the purpose of the mediation conference. A vast majority of matters do resolve at a mediation conference stage however if this does not occur the dispute will then proceed to the Employment Relations Authority for an investigation meeting and determination by an authority member (adjudicator).
Ordering personal and legal affairs for peace of mind...
A trust is a legal relationship where a person transfers the legal ownership of an asset to another party for the benefit of a third party. There are several reasons for establishing a Trust such as sucession planning, relationship property protection, creditor protection, tax advantages, providing for family members with special needs and eligibility for residential care subsidy. However, Trusts are not for everyone, we can assist you with figuring out if it is right for you and how to set one up. Read more...
A Will is a legal document that is specific to you and directs others on how you would like your assets, personal possesions and estate distributed when you die. Every person over the age of 18 should consider preparing a Will and it should be updated and renewed every five years or when a significant life event happens. A Will is an important document to have and having a well drafted and thoughtout Will will not only give you peace of mind that your estate will be distributed how you wish but can also alleviate stress on your family during a difficult time. We can assist you in preparing your Will and making sure it is valid. Read more...
Estate Administration is the process of carrying out a persons wishes as set out in their Will, obtaining probate (the legal authority to act on behalf of the deceased’s estate), getting in the assets, paying off any debts and distributing the assets as efficiently as possible. If a person does not have a Will, then Letters of Administration may be required in order to have the legal authority to deal with deceased persons affairs. Our estates team can advise you on your responsibilities and legal liabilities as an Executor and help with administration of an estate following death. Read more...
An EPA is a legal document where you (the ‘Donor’) appoints a trusted person (the ‘Attorney’) to act on your behalf in certain situations. We understand that setting up an EPA can be a daunting task and we can help you understand all your options, what both types of EPA documents mean and that it meets all legal requirements to be legally binding. We can help reduce the risk of the Attorney missusing their powers and not acting in your best interest. Read more...
Over the last 10 years retirement villages have become an increasingly popular option for people looking for a change in lifestyle in their retirement years. Retirement villages are an attractive option because they can offer a good balance between living independently and having access to support and healthcare. Many elderly people view moving into a retirement village unit as a safe, secure and convenient way of life. However, the financial and opportunity costs involved in entering into a retirement village need to be carefully considered. We can help you with the process of moving into a retirement village and make sure you consider all your options before signing up to a licence to occupy. Read more...
Our highly regarded family law team has a vast degree of experience in all areas of family law. We can assist you with all issues arising from family relationships, including:
• Division of property upon separation
• Prenuptial agreements (contracting out agreements)
• Issues relating to children, including care and custody
• Challenges against wills and estate claims
• Disputes about trusts
• Spousal maintenance
We pride ourselves on understanding the needs of our clients and delivering an impeccable service. In many cases, people would simply like to meet with a family lawyer to find out their legal position, whereas others seek assistance on an ongoing basis.
We can tailor our service to meet your needs. To arrange a consultation with a member of our family law team, please click below.
Visas for New Zealand are highly sought after, but applying for them can be a stressful, complex and time consuming process. The stakes are high and the cost of failure can be expensive. We understand that whatever Visa issue you are trying to solve, needs to be treated with the highest priority and the greatest of care. Turner Hopkins Services offers honest, accurate and straightforward advice across a range of Visa categories and situations:
Whether you are offshore and looking to forge a new live here in New Zealand or in the country and looking to stay longer (or permanently) we can help. Contact us today to find out how we can help.
The Immigration Act 2009 imposes substantial obligations on employers to ensure employees are lawfully able to work. In addition to this, from July 2022, employers looking to bring in staff from offshore will need to be accredited with Immigration New Zealand (INZ), as well as maintaining various layers of compliance to be able to continue to employ those staff in the future.
Turner Hopkins Services can offer comprehensive Immigration advice for both existing and future employees as well as providing you with a full set of employment related tools to keep you compliant.
On occasions even the most straightforward Visa applications run into problems. Those problems can be medical conditions or criminal convictions, or visa officers misapplying the instructions or assessing you as not eligible for the visa you applied for. Quick intervention can often save an application from being declined.
Our combined experience across all Temporary and Resident Visa categories allows us to quickly identify the issues, establish whether there is a solution and then deliver that solution for you. If you feel like you have reached the end of the Visa road, why not give us a call to find out if we can get you back on track.
Residential | Commercial
We pride ourselves on taking particular care in paying detailed attention to residential transactions. We are conscious of the need to ensure that nothing unexpected arises and that the transaction is completed efficiently and at an acceptable cost.
A large number of residential Agreements for Sale and Purchase are prepared by Real Estate Agents. We recommend our clients (both vendor and purchaser) arrange to have sent to us the draft for review before signing. We also assist both our vendors and purchasers to draft agreements for a private sale.
As part of the residential property transaction, we review title documentation, including freehold titles, cross lease titles, unit titles and flat owning company titles.
We carry out a due diligence investigation of residential property – this may include working with building inspectors, valuers and other professional advisors.
We can work with clients to obtain finance for their purchase and assist in the release of any mortgages or other charges against a property to complete a sale.
We have experience in working with clients who wish to buy residential property as an investment. This may include working with the client's accountants to ensure the ownership structure is correctly put in place. We can, where necessary, help incorporate the ownership company for such structure and advise on how the purchase of a residential investment property should be structured financially.
We are able to assist our clients in advising on how they should own a residential property and, if required, assist in putting together a Property Sharing Agreement.
We work with clients that have compliance issues in relation to a property they are selling or purchasing. We can liaise with the client and local authorities to assist in clarifying issues.
We advise purchasers on the form of title they may be purchasing, which includes a Unit Title, pursuant to the Unit Titles Act or a Cross Lease title.
We have experience in dealing with most of the trading banks and other lending institutions in preparing their finance and security documentation. We will co-ordinate with the client execution of these documents and prepare the necessary security documentation. We will work with the client to obtain the necessary documentation from them to complete such matters including insurance certificate and, if a Unit Title, a pre-settlement disclosure statement.
We are completely eDealing compliant and can complete electronic settlements on behalf of our clients. Both property partners are Conveyancing Professionals and entitled to complete registration of electronic dealings. We work with our clients to complete the financial settlement of their transaction as well as the legal transfer and settlement.
