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New Zealand Legal Questions answered by Lawyers

Browse our 17 legal questions in New Zealand and read the lawyer answers, or ask your own questions for free.

Can an overseas private equity firm force me to sell my minority shares under our NZ shareholder agreement?
Corporate & Commercial Private Equity
A foreign private equity fund is acquiring a 75% majority stake in our Auckland-based company and invoking drag-along rights to buy out my remaining 10%. They are offering a valuation based on last year's balance sheet which I believe significantly undervalues our current growth. Do I have any statutory minority... Read more →
Lawyer answer by mohammad mehdi ghanbari

You do not ordinarily have a general statutory right to force a purchaser to buy your shares at a court-determined “fair value” merely because a drag-along is being exercised. In New Zealand, a valid drag-along is principally governed by the...

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1 answer •
Can I join a class action against a bank for excessive fees without paying upfront legal costs?
Lawsuits & Disputes Class Action
I received a notice about a representative proceeding being brought against a major New Zealand bank regarding disputed default fees charged over several years. The notice mentions a litigation funder covering expenses in exchange for a percentage of any recovery, but I want to know if I could be liable... Read more →
Lawyer answer by mohammad mehdi ghanbari

In New Zealand, the general rule is that an unsuccessful party may be ordered to pay a contribution to the successful party’s legal costs. However, in a funded representative proceeding, the litigation funding agreement will usually state whether the funder...

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Can a commercial landlord enforce my personal guarantee after our company goes into liquidation?
Corporate & Commercial Restructuring & Insolvency
Our retail business in Auckland failed due to declining foot traffic, and the shareholders recently voted to appoint an independent liquidator. The landlord has now served me with a formal notice demanding I personally pay out the remaining two years on the commercial lease under the guarantee clause. I need... Read more →
Lawyer answer by mohammad mehdi ghanbari

The company’s liquidation does not automatically extinguish the commercial lease or its liabilities. The liquidator may be able to disclaim an onerous lease, but the landlord can generally lodge a claim in the liquidation for losses arising from the lease,...

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New Zealand Legal Articles

Browse our 28 legal articles in New Zealand with practical legal information.

New Zealand OIO Approvals for Foreign Commercial Investment
Government Relations & Lobbying
Financial Thresholds: Foreign acquisitions of New Zealand business assets generally require Overseas Investment Office (OIO) consent if the transaction exceeds NZD $100 million, though Free Trade Agreements often increase this limit. The Investor Test: Corporate officers and significant shareholders must pass rigorous character, immigration, and business acumen checks. Substantial Benefit:... Read more →
Resolving Tenancy Disputes for Expats in New Zealand
Dispute Prevention & Pre-Litigation
Rental bonds must be legally lodged with Tenancy Services within 23 working days of payment, not held in the landlord's personal account. Thoroughly documented entry and exit property condition reports are your absolute best defense against unfair bond deductions. Expats cannot unilaterally break a fixed-term lease due to a visa... Read more →
Navigating Customs and Import Regulations in New Zealand
International Trade Law
New Zealand strictly enforces border controls, requiring careful alignment between the New Zealand Customs Service and the Ministry for Primary Industries. Properly classifying goods and utilizing tariff concessions can legally eliminate import duties for foreign suppliers. Non-compliance with biosecurity rules for packaging and untreated wood is the leading cause of... Read more →

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