Litigation &
Dispute Resolution
Resolving Disputes with Confidence
Clear advice. Practical approach. Strong representation.
Disputes can be stressful, time-consuming, and costly. Whether you're dealing with a contract issue, property/relationship property dispute, trust and/or estate matter, construction disagreement, or tenancy issue, our team can help you understand your options and work towards the best possible outcome.
We focus on resolving disputes efficiently and practically wherever possible, while protecting your position every step of the way.
How we can help
Practical support when disputes arise.
Disputes can arise in many different situations, from business disagreements and unpaid debts through to employment issues, family matters, property disputes, and trust concerns. Whatever the circumstances, understanding your position early can help you make informed decisions and work towards the best possible outcome.
Our Litigation & Dispute Resolution team works with individuals, families, property owners, and businesses across a wide range of matters, including:
- Business and contract disputes
- Property, building, and tenancy disputes
- Trust and estate disputes
- Employment disputes
- Debt recovery matters
- Relationship property disputes
- Vulnerable person applications
- Mediation and alternative dispute resolution
Whether you're dealing with a commercial disagreement, workplace issue, family dispute, property matter, or unpaid debt, we can help you understand your options, assess the available pathways, and determine the most practical way forward.
Business & Contract Disputes
When agreements break down
Whether you're dealing with an unpaid invoice, a supplier who hasn't delivered, a business partner dispute, or someone who hasn't met their obligations, disagreements can quickly become costly and disruptive.
Common matters include:
- Unpaid invoices and debt disputes
- Supplier and customer disagreements
- Breaches of contract
- Partnership and shareholder disputes
- Commercial negotiations and settlements
Understanding your rights and options early can help prevent matters from escalating and improve the likelihood of a successful resolution.
Property & Land Disputes
When ownership, boundaries, or access become an issue
Disputes involving land and property can arise between neighbours, co-owners, developers, or other parties with an interest in the property.
These matters can affect the use, value, and enjoyment of your property, making it important to understand your rights and options early.
Common matters include:
- Boundary disputes
- Easements and rights of way
- Access disputes
- Co-ownership disagreements
- Land ownership issues
When lease issues affect your business
Commercial leases are often long-term commitments, and disagreements can have significant financial and operational consequences.
Whether you're a landlord or tenant, understanding your rights and obligations early can help resolve issues before they escalate.
Common matters include:
- Lease interpretation and obligations
- Rent reviews and rental disputes
- Lease renewals and variations
- Breaches of lease agreements
- Repairs, maintenance and reinstatement obligations
- Assignment and subleasing disputes
- Lease termination and ending a tenancy
- Landlord and tenant disagreements
Commercial lease disputes can often be resolved through early advice, negotiation, or mediation, helping to minimise disruption to your business.
Support for residential landlords and tenants
Tenancy issues can be stressful and disruptive for both landlords and tenants.
Understanding your obligations and taking the right steps early can often help achieve a faster resolution.
Common matters include:
- Rent arrears
- Property damage disputes
- Bond disputes
- Tenancy termination issues
- Tenancy Tribunal proceedings
Trust & Estate Disputes
When there are disagreements about a trust
Trusts are often established to protect assets and provide certainty, but disputes can arise when trustees, beneficiaries, or family members disagree about how a trust is being managed.
Understanding your rights and responsibilities is often the first step towards resolving the issue.
Common matters include:
- Trustee disputes
- Beneficiary disputes
- Trust administration concerns
- Challenges to trustee decisions
- Trust-related litigation
When wills and estates are contested
Disputes can arise following the death of a loved one, particularly where family members question the validity of a will or believe they have not been adequately provided for.
These matters often involve both legal and personal considerations and can be complex to navigate.
Common matters include:
- Challenging a will
- Defending a will
- Family Protection Act claims
- Testamentary capacity disputes
- Estate administration disputes
Employment Disputes
For Employees | When you feel you've been treated unfairly
Workplace relations and issues can have a significant impact on your livelihood and wellbeing.
If you have concerns about any aspect of your employment, or are dealing with an employment related dispute, having experts to assist, guide, advice and advocate for you makes all the difference.
Common matters include:
- Terms of Employment
- Restraint of Trade and Non-Competition
- Disciplinary processes
- Performance related processes
- Restructures and Redundancies
- Workplace investigations
- Unjustified dismissal
- Unjustified disadvantage
- Workplace bullying and harassment
- Discrimination concerns
- Breaches of employment agreements
- Breaches of statutory obligations
Seek help early so that you can obtain the best advice and assistance in a timely manner. Note that time limitations apply to various grievances.
For Employers | Managing workplace issues with confidence
Addressing performance and conduct/behaviour concerns, restructures and redundancies, and various employment related matters is ridden with risks, in light of the onerous duties on employers.
Taking the wrong approach can expose your business to unnecessary risks and costly disputes.
Common matters include:
- Performance management
- Misconduct and serious misconduct
- Workplace investigations
- Restructures and redundancies
- Employment related processes
- Personal grievance claims
- Restraints of Trade and non-competition
- Terms of Employment
- Independent contractor vs employee
- Statutory obligations
Getting advice early will assist in being able to navigate through the above with confidence, while minimising risks.
Debt Recovery
Recovering money owed to you
Unpaid debts can place significant pressure on cashflow, business operations, and personal finances.
Whether you're owed money by a customer, contractor, tenant, or another party, taking action early can often improve recovery prospects and minimise disruption.
Common matters include:
- Unpaid invoices
- Outstanding business debts
- Debt recovery demands
- Enforcement of payment obligations
- Recovering money owed under an agreement
Understanding your options early can help you determine the most effective and cost-efficient path towards recovering what you are owed.
Relationship Property Disputes
When relationships end and assets need to be divided
Separating finances and property following the breakdown of a relationship can be challenging, particularly when there are significant assets, family trusts, businesses, or differing views about what is fair.
Understanding your rights and obligations early can help reduce uncertainty and support informed decision-making.
Common matters include:
- Division of relationship property
- Family home ownership disputes
- Business and trust interests
- Property ownership disagreements
- Contracting out agreements
Every relationship is different, and early advice can help clarify entitlements and identify the most practical way forward.
Supporting Vulnerable People
Helping protect those who need assistance
There are times when a person may no longer be able to make decisions about their personal care, welfare, or property due to age, illness, injury, or incapacity.
In these situations, legal applications may be required to ensure appropriate support and protection is in place.
Common matters include:
- Protection of Personal and Property Rights (PPPR) applications
- Welfare guardian applications
- Property manager applications
- Enduring Power of Attorney concerns
- Supporting vulnerable family members
Understanding the available legal options can provide certainty for families and help ensure the individual's best interests remain protected.
When should you seek advice?
Early advice can make all the difference
Many disputes become more difficult, time-consuming, and costly when left unresolved. Whether you're dealing with a contract disagreement, property issue, trust dispute, construction matter, or tenancy issue, obtaining advice early can help you understand your position and avoid unnecessary escalation.
Our litigation and dispute resolution team works with individuals, families, property owners, and businesses to assess the situation, explain the available options, and develop a practical strategy for moving forward. In many cases, early intervention can help preserve relationships, minimise costs, and achieve a resolution without the need for formal court proceedings.
Every dispute is different. Depending on the circumstances, options may include negotiation, mediation, formal demand letters, tribunal proceedings, or litigation. Understanding which approach is most appropriate for your situation is often the first step towards achieving a successful outcome.
If you're unsure where you stand, seeking advice sooner rather than later can provide clarity, confidence, and peace of mind.
Meet our Litigation & Dispute Resolution Team
Smith and Partners' Litigation & Dispute Resolution team supports individuals, families, property owners, and businesses across Auckland and beyond with practical, strategic advice when disputes arise.
Our team advises on a wide range of matters, including contract and commercial disputes, property and land disputes, construction disputes, trust litigation, tenancy matters, debt recovery, and mediation. We focus on understanding the issues at hand, identifying the available options, and developing a strategy that aligns with our clients' objectives.
Wherever possible, we seek practical and cost-effective resolutions. When formal proceedings become necessary, our team has the experience to guide clients through the process with confidence and clarity.
As a full-service law firm, we work closely with specialists across employment law, commercial law, property law, trusts, estates, construction, and family law. This allows us to provide comprehensive advice that considers the wider issues often connected to a dispute, ensuring clients receive coordinated support throughout their matter.
Carolyn Ranson
Director
Rachael Chandra
Senior Associate
Nathan Tetzlaff
Senior Associate
Natalie Miller
Associate
Bethany Sweeney
Solicitor
Karolina Lepiesza
Solicitor
Peter Smith
Consultant
Marie Hansen
Special Counsel
Mikayla Sagar
Estate Administrator
Deborah Sylvester
Personal Assistant
Supporting clients through disputes
Disputes are rarely just legal issues. They can affect businesses, finances, relationships, and future opportunities. Whether the matter is straightforward or highly complex, understanding your position and options is often the first step towards a successful resolution.
Our litigation and dispute resolution team provides practical advice and representation across a wide range of disputes, helping clients minimise risk, protect their interests, and move forward with confidence.
Our aim is simple. We help clients navigate disputes efficiently, strategically, and with as much support as possible.
What it’s like to work with us
Thank you so much to you and your team for your great effort in handling this matter with IRD for us - we truly appreciate it.
Carolyn and Mikayla, thank you both for your support and guidance as we have worked through the various steps leading to this moment. On behalf of my parents, I thank you for your diligence in working to honour their intentions: as recorded in their EPoAs and in their Wills.
It continues to be a pleasure to work with the various members of the Smith and Partners Team.
As a team, they went above and beyond at every stage. Estate disputes are rarely situations where anyone feels they have truly “won,” and I am naturally someone who takes time to build trust. However, this experience reassured me that there are legal professionals who genuinely care and strive to do what is right for their clients.
If you are looking for a team who will stand beside you - not just as lawyers, but as people who are committed to your best interests - I would highly recommend them.
Thank you all, sincerely, for everything you did for me.
What set this team apart was their genuine commitment to me as a person, not just as a client. I never felt like I was being represented for the sake of fees or process - they were truly invested in achieving the best possible outcome for me.
The day I engaged Smith & Partners to represent me remains one of the most positive and reassuring experiences I’ve had. This was not the effort of a single lawyer, but a dedicated team - Carolyn Ranson, Natalie Miller, and Nathan Tetzlaff - who supported me through a particularly difficult and emotionally charged estate dispute.
Thank you so much to you and your team for your great effort in handling this matter with IRD for us - we truly appreciate it.
Carolyn and Mikayla, thank you both for your support and guidance as we have worked through the various steps leading to this moment. On behalf of my parents, I thank you for your diligence in working to honour their intentions: as recorded in their EPoAs and in their Wills.
It continues to be a pleasure to work with the various members of the Smith and Partners Team.
Frequently Asked Questions
Do I need to go to court to resolve a dispute?
Not necessarily. Many disputes are resolved through negotiation, mediation, or other forms of alternative dispute resolution without the need for formal court proceedings.
The most appropriate approach will depend on the circumstances of your matter.
When should I seek legal advice about a dispute?
As early as possible.
Obtaining advice early can help you understand your position, preserve important evidence, and avoid taking steps that may weaken your case or limit your options later.
What should I do if I think I have a legal dispute?
Not every disagreement becomes a legal dispute, but understanding your position early can help you make informed decisions and avoid unnecessary escalation. Seeking advice early often provides more options for resolution.
How much does dispute resolution cost?
Every dispute is different. Costs will depend on the complexity of the matter, the parties involved, and the process required to resolve it. We will discuss likely costs and available options with you at the outset.
What is mediation?
Mediation is a structured process where an independent mediator helps parties work towards a mutually acceptable resolution. It is often a faster and more cost-effective alternative to court proceedings.
Can disputes be resolved without going to court?
Yes. Many disputes are resolved through negotiation, mediation, settlement discussions, or tribunal processes before court proceedings become necessary. Early advice can often help identify the most practical and cost-effective approach.
How long does it take to resolve a dispute?
Some disputes can be resolved within weeks through negotiation or mediation, while others may take longer if formal proceedings are required. The timeframe will depend on the complexity of the matter and the willingness of the parties to engage in resolution.
Can you help if a dispute has already started?
Yes. Whether you have received legal correspondence, been served with court documents, or are already involved in proceedings, we can help you understand your position and determine the best path forward.
What types of disputes do you help with?
We advise on a wide range of disputes, including business and contract disputes, property and building disputes, tenancy matters, employment disputes, trust and estate disputes, debt recovery, relationship property matters, and applications involving vulnerable people.
Which courts and tribunals do you appear in?
Our team regularly represents clients in a range of courts and tribunals, including the Disputes Tribunal, Tenancy Tribunal, District Court, High Court, Court of Appeal, and various specialist tribunals and dispute resolution forums throughout New Zealand.
Helping you navigate disputes
Practical articles and legal insights on disputes, litigation, mediation, and resolution.
