Terms of Engagement
1. General
1.1 These Terms of Engagement (“Terms”) apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
1.2 We may change these Terms from time to time, in which case we will send you amended Terms. The amended Terms will apply from the date notified.
1.3 Our relationship with you is governed by New Zealand law and the New Zealand courts have exclusive jurisdiction.
1.4 If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
2. Services
2.1 The services we are to provide for you (“Services”) are outlined in our engagement schedule together with any further instructions that you provide to us in writing (or that we record in writing).
2.2 In providing the Services, we will:
a. act competently, in a timely way, and in accordance with instructions received and arrangements made;
b. protect and promote your interests and act for you free from compromising influences or loyalties;
c. discuss with you your objectives and how they should best be achieved;
d. provide you with information about the work to be done, who will do it and the way the Services will be provided;
e. charge you a fee that is fair and reasonable and let you know how and when you will be billed;
f. give you clear information and advice;
g. protect your privacy and ensure appropriate confidentiality;
h. treat you fairly, respectfully and without discrimination;
i. keep you informed about the work being done and advise you when it is completed; and
j. let you know how to make a complaint and deal with any complaint promptly and fairly.
2.3 Our Services are limited to the specific matter for which you engage us. Unless expressly agreed in writing, we do not:
a. monitor ongoing compliance obligations or deadlines (for example PPSR, lease, consent, filing or registration expiry dates);
b. update advice after it is given;
c. implement transactions, manage projects, or carry out filings or registrations;
d. provide ongoing compliance or governance monitoring; or
e. provide advice outside the agreed scope of the matter.
2.4 We are not qualified to give:
a. investment advice;
b. valuation advice;
c. tax advice;
d. insurance advice; or
e. advice on foreign laws (although we may assist you to engage overseas counsel).
2.5 Our advice is limited to legal issues relevant to the matter. We do not advise on the commercial merits, prudence or business wisdom of a transaction or decision.
3. Communications and instructions
3.1 We may provide documents and communications to you by email or other electronic means.
3.2 You must promptly notify us of any change in your contact details.
3.3 Unless you notify us otherwise in writing:
a. if you are a couple, we may accept instructions from either of you;
b. if you are a trust, we may accept instructions from any trustee;
c. if you are a partnership, we may accept instructions from any partner;
d. if you are a company, we may accept instructions from any director or authorised employee;
e. if you are a body corporate or incorporated society, we may accept instructions from any person holding themselves out as authorised.
3.4 We may rely on instructions given by the persons referred to above unless we have actual knowledge that the person lacks authority.
3.5 We may require written confirmation of instructions for significant decisions, including settlement instructions or disposition of funds.
3.6 If we act for more than one client jointly:
a. there will be no confidentiality as between those joint clients;
b. we may share information between joint clients; and
c. if a dispute arises between joint clients, we may cease to act for all of you.
4. Electronic communications and technology
4.1 Electronic communications (including email) are not always secure and may be intercepted, altered, delayed or misdirected.
4.2 We may use cloud-based systems, secure portals, electronic signing platforms, document automation systems, and other technology-assisted tools in the course of providing the Services.
4.3 In providing the Services, we may use technology-assisted review tools, automation software, and artificial intelligence systems (“AI Tools”) to assist with tasks such as document review, legal research, drafting, summarising, data analysis, and administrative processes.
4.4 We use such tools to improve the efficiency, timeliness and quality of our Services.
4.5 We will take reasonable steps to ensure that any technology systems or AI Tools used by us are subject to appropriate confidentiality, data protection and security safeguards. We will not knowingly input confidential information into publicly accessible systems in a manner inconsistent with our professional obligations.
4.6 Where AI Tools are used:
a. all outputs will be reviewed and assessed by us;
b. we remain fully responsible for the accuracy, appropriateness and professional quality of the work delivered to you; and
c. the use of such tools does not reduce or limit our professional duties to you.
4.7 We are not liable for loss or damage caused by matters beyond our reasonable control, including third-party system outages, cyber incidents, or failures of external technology providers.
4.8 You must promptly notify us if you receive suspicious communications purporting to be from us, particularly concerning bank account details.
4.9 We may require independent verification of bank account details before transferring funds.
4.10 Unless you instruct us otherwise in writing, you consent to our use of the technology systems and AI Tools described above in providing the Services.
5. Financial
5.1 Our fees are determined in accordance with r 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.
5.2 The engagement schedule specifies the basis of our charges.
5.3 Hourly rates:
a. Director: $450 per hour
b. Senior Solicitor: $350 per hour
c. Solicitor: $300 per hour
d. Law Clerk and Legal Assistant: $150 per hour
Time is recorded in six-minute units.
5.4 We may require funds in advance. You must maintain any agreed minimum retainer balance.
5.5 We may pause work if retainer funds are not maintained.
5.6 Subject to trust accounting rules, you authorise us to apply funds held in our trust account on your behalf toward payment of our invoices once rendered.
5.7 You authorise us to incur reasonable disbursements on your behalf.
5.8 GST is payable where applicable.
5.9 Invoices are payable within 7 days.
5.10 If invoices remain unpaid, we may:
a. charge interest at 1.5% per month (calculated daily);
b. suspend work;
c. cancel any discount;
d. require further payment in advance;
e. recover collection costs (including solicitor/client costs).
5.11 You are primarily responsible for payment even if a third party is expected to pay.
5.12 We may engage barristers, experts or agents where appropriate. Their fees and disbursements are payable by you.
6. Trust accounting
6.1 We operate a trust account in accordance with the Rules.
6.2 Cleared funds are required before disbursement.
6.3 Interest-bearing deposits may be used where appropriate.
6.4 Funds under $100 may be donated to charity if we are unable to contact you.
7. Confidentiality and privacy
7.1 We will hold confidential all information concerning you except where disclosure is required or permitted by law, necessary to carry out your instructions, or required to protect our interests.
7.2 We comply with the Privacy Act 2020.
7.3 Personal information may be stored electronically, including on secure cloud-based systems, which may involve offshore storage or processing.
7.4 We may disclose personal information to third-party service providers where necessary to provide the Services.
7.5 We may conduct credit checks or disclose information to credit agencies where lawful and appropriate under the Privacy Act 2020.
8. AML/CFT and compliance
8.1 We must comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and related regulations.
8.2 We may undertake customer due diligence, including verification of identity, beneficial ownership, source of funds and source of wealth.
8.3 We may conduct ongoing monitoring.
8.4 We may decline to act or cease acting if required information is not provided or if compliance concerns arise.
8.5 We may be required to report information to authorities and may be prohibited from notifying you.
9. Documents and records
9.1 We may retain documents electronically and destroy originals (except where legally required to retain originals).
9.2 We may return originals to you. Once returned, responsibility passes to you.
9.3 We may destroy files 7 years after the engagement ends.
9.4 We may exercise a lien over documents to secure unpaid fees, to the extent permitted by law and consistent with our professional obligations.
10. Conflicts
10.1 We may act for other clients whose interests differ from yours, provided there is no conflict under the Rules.
10.2 Where a conflict arises, we will manage it in accordance with the Rules and may cease to act if required.
11. Duty of care and reliance
11.1 Our duty of care is owed solely to you.
11.2 We accept no liability to any related entity, shareholder, director, employee, lender, investor or third party unless we expressly agree in writing.
11.3 Our advice is opinion only based on the information available at the time.
11.4 We are not responsible for errors in information provided by third parties.
12. Limitation of liability
12.1 To the extent permitted by law, our maximum aggregate liability arising out of or in connection with the Services is limited to $500,000 per matter.
12.2 This limitation applies whether liability arises in contract, tort (including negligence), equity or otherwise.
12.3 We are not liable for indirect or consequential loss.
12.4 Nothing in this clause limits liability that cannot lawfully be limited.
13. Client responsibilities
You agree to:
a. provide complete and accurate information;
b. provide timely instructions;
c. read communications promptly;
d. notify us of relevant changes;
e. pay invoices on time.
14. Termination
14.1 You may terminate our retainer at any time.
14.2 We may terminate in accordance with the Rules, including for non-payment, conflict, failure to provide instructions, abusive conduct, unlawful instructions, AML concerns, or loss of trust and confidence.
14.3 Upon termination:
a. we may cease work immediately (subject to professional duties);
b. you must pay outstanding fees;
c. we may charge reasonable handover costs;
d. we may exercise any lien available to us.
15. Professional indemnity insurance and fidelity fund
15.1 We hold professional indemnity insurance meeting or exceeding the minimum standards required by the New Zealand Law Society.
15.2 The New Zealand Law Society operates a Lawyers’ Fidelity Fund which may compensate clients for theft of money or property entrusted to lawyers (subject to statutory limits).
16. Service of notices
16.1 You agree that service of notices and service of legal proceedings may be effected by email to the email address ordinarily used by you to communicate with us. 16.2 Service by email is deemed effective on transmission unless an error message is received.
17. Complaints
17.1 If you have concerns, please raise them with the person acting for you or with Max Gunawan (max@platinumlegal.co.nz).
17.2 The New Zealand Law Society operates a complaints service. You may contact them at 0800 261 801, complaints@lawsociety.org.nz, or via their website.
Updated on 12 February 2026