Winding Up Applications

Another big month with the 3rd month in a row posting new highs in winding up applications. This high was in large part driven by the IRD pushing through application before the Christmas closedown making up 87 of the 125 applications. All other creditor applications has remained constant when compared to the last three months in the high 30’s. We expect this drive from IRD to continue into November in a race to collect funds and apply pressure to derelict debtors before the courts close. It is important to keep in mind however that while this is a high when compared to the last five years it is off a very low base.

The year-to-date applications (972) is eclipses the last five years yearly total and reinforces the point that this increase continues off a very low base from the 2020 lockdowns.

Personal Receiverships

October saw a further 5 personal receiverships, all from the same lender who has made up 19 of the 41 personal receiverships in 2024. There has been a total of 44 personal appointments for the rolling past 12 months. Lenders who have taken personal general security agreements from borrowers continue to make appointments when borrowers and their companies default.

Why have we seen this increase in personal receiverships that historically was not the case, one of the reasons is likely the difficulty and time it takes to enforce personal guarantees while a personal general security agreement allows the lender almost immediate access on default to the borrowers assets.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

With the normal October dip as we head to the end of the year we remain above past Octobers. The Official Assignee once again took the largest amount of appointment in the month taking 72 appointments.

Total insolvency appointments for the year continue to track up in line with 2015/2016 figures. Month on month October had 244 total appointments, well above the long-term average of 163 and past September’s (2023: 171, 2022: 146, 2021: 112, 2020: 114, 2019: 139, 2018: 166, 2017: 177)). With 2331 appointments in the year to date we are above full year figures back to 2018. We expect the higher insolvency appointment levels will continue into 2025 at least due to a large backlog at IRD and a struggling economy in most sectors.

Solvent liquidations remain well below the long term 13% with the lost 10% picked up by court appointments whose long term average is traditionally 26%. This is a flow down from the strong winding up application in the year to date.

As you can see above the gap between personal and corporate insolvency has continued to grow and will continue to do so into 2025.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

Personal insolvency appointment figures for Bankruptcy, NAP and DRO remain low for the year to date in line with the very low levels seen over the last two years. This is reflected in both graphs.

While we are expecting to see corporate insolvencies continuing to grow into next year, I don’t believe we will see a lift in personal insolvencies till early 2025. There is traditionally a slow down over Christmas and January, then as people return to work and have to deal with the Christmas overspend, this may be when we see a lift in personal insolvency figures.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future, it is likely to get worse before it gets better regardless of the potential OCR decrease. We foresee continued rising appointments when compared to prior years.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

Running a business is a rewarding venture, but it also comes with its fair share of challenges. One of the most critical challenges a business can face is the threat of insolvency. Insolvency refers to a situation where a company is unable to meet its financial obligations and pay off its debts when they become due. If left unaddressed, insolvency can lead to the collapse of the business, affecting not only the company's owners and employees but also suppliers, creditors, and other stakeholders. We discuss some key warning signs that indicate when a business is in serious danger of insolvency and what actions can be taken to address the situation.

Key Warning Signs indicating a serious danger of Insolvency

1. Unable to Raise Working Capital and on Stop with Key Suppliers: Working capital is the lifeblood of any business, and without adequate funds to cover day-to-day expenses, a company can quickly find itself in trouble. If a business is unable to secure working capital and, as a result, its key suppliers place it on stop, it is a clear indication of financial distress. This can lead to a vicious cycle where the inability to pay suppliers leads to a disruption in the supply chain, affecting production and sales, and further exacerbating the financial problems.

2. Consistently Under Break-Even Point with Turnover: A break-even point is the level of revenue at which a business's total costs equal its total revenue, resulting in neither a profit nor a loss. Consistently operating below the break-even point is a sign that the company is not generating enough revenue to cover its fixed and variable costs. This means that the business is running at a loss, making it difficult to sustain operations in the long run.

3. Not Able to Meet Outgoings with Revenue: Meeting regular outgoings, such as rent, payroll, utilities, and loan repayments, is crucial for maintaining the day-to-day operations of a business. If a company finds itself struggling to meet these obligations using its revenue, it may be an early warning sign of impending insolvency. Borrowing to cover these expenses or deferring payments can provide temporary relief, but it does not address the underlying financial issues.

4. Being Put Under Formal Review by the IRD: When a business faces severe financial problems, it may come to the attention the Inland Revenue Department (IRD) who may initiate a formal review to assess the company's financial position and tax compliance. Being subject to such a review indicates that the business's financial situation has raised concerns and warrants closer scrutiny.

5. Unable to Take a Company Loan Secured Over Company Assets Without a Personal Guarantee: If a business seeks additional financing but is unable to secure a loan solely based on the company's assets and financial standing, it is a sign of limited creditworthiness. Lenders often request personal guarantees from business owners as a way to reduce their risk when the business's financial health is in question. Having to provide a personal guarantee puts the owner's personal assets at risk, and it highlights the lack of confidence lenders may have in the business's ability to repay the loan.

Actions to Address Insolvency:

When a business faces signs of insolvency, swift action is essential to increase the chances of survival. Here are some steps that can be taken:
1. Seek Professional Advice: Engage with licensed insolvency practitioners or financial advisors, accountants, or business consultants who have knowledge of insolvency and restructuring. They can provide an objective assessment of the company's financial situation and recommend appropriate measures.

2. Implement Cost-Cutting Measures: Review all aspects of the business to identify areas where costs can be reduced without compromising core operations. This may involve renegotiating contracts, reducing overheads, or streamlining processes.

3. Negotiate with Creditors: Open communication with creditors is vital. Negotiate new payment terms or repayment plans if possible. Showing a commitment to resolving outstanding debts may lead to more favourable arrangements.

4. Explore Financing Options: Investigate alternative funding sources, such as equity investments or asset-backed financing, to inject much-needed capital into the business.

5. Consider Business Restructuring: If the financial situation is dire, consider restructuring the business to improve efficiency, focus on profitable areas, or even seek a merger or acquisition.

6. Develop a Realistic Turnaround Plan: Create a comprehensive plan to guide the business out of potential insolvency. Set realistic financial targets and milestones to measure progress.

7. Comply with Legal Obligations: Ensure the business is compliant with all tax and legal requirements. Avoid issues with IRD by addressing any outstanding tax matters promptly.

Recognizing the early warning signs of insolvency is crucial for business owners to take proactive steps and mitigate potential risks. Seeking professional advice and taking appropriate actions can help a struggling business regain its financial stability and chart a course towards long-term success. Remember, it is essential to act promptly and decisively to give the business the best chance of survival. Taking early action is also protection for a director.

We are due for the October OCR announcement to come out this week with pundits predicting that we may see a 50pt drop given the current state of the economy. However, we won’t have the CPI and inflation figures available for public release for another few weeks/months so at this stage the OCR decision could conceivable go either way (hold or drop)

In insolvency news, I understand we saw the first Licenced Insolvency Practitioner lose their license following a CAANZ disciplinary tribunal hearing for a number of breaches including misconduct, conduct unbecoming, Rules and Code breaches in insolvency engagements and non-response to NZICA. The full decision can be found here.

Winding Up Applications

September came in just behind the August highs, given the closeness between the two the drop is negligible. This total was driven by continued strong application numbers from the IRD making up 77 of the 116 applications slightly down on the 87 the advertised last month. We expect this drive from IRD and all other creditors to continue into the last quarter of the year in a race to collect funds before the courts close.

The year-to-date applications (845) is only just behind the 2023 full year figures (864). 2020, 2021 and 2022 are specks in the rearview mirror compared to 2024 (total year winding up applications 2020 (239), 2021 (562) and 2022 (623).

While there has been a small drop in IRD application in September as at the date of writing (03/10/2024) they have already advertised 12 appointments for October, on that basis I wouldn’t read to much into the drop, it is likely just a case of how they numbers fell either side of month end. We are expecting them to continue chasing debtors hard into the Christmas closedown and new year.

 Personal Receiverships

September saw 5 more personal receiverships, a total of 43 for the past 12 months. Lenders who have taken personal general security agreements from borrowers continue to make appointments when borrowers and their companies default.

Why have we seen this increase in personal receiverships that historically was not the case, one of the reasons is likely the difficulty and time it takes to enforce personal guarantees while a personal general security agreement allows the lender almost immediate access on default to the borrowers assets.

The bulk of the receivership appointments continue to be driven by a small number of business lenders using these practises and exercising the enforcement rights the borrower granted them on signing up for the loan.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

Both August and September 2024 have now surpassed the previous 7-year high seen earlier this year in March. While August highs were driven by a large government led Du Val Group appointment of 65 entities, September has exceeded expectations with minimal large group appointments.

Of interest for the month as at the time of writing (03/10/24) the Official Assignee had taken 68 of the 297 appointments (to 27/09/2024) there will likely be a few more that get included in the figures as late appointments get advertised in the next few weeks and will be reflected in the October article.

What is noticeable is that 65 of the 68 appointments came from the IRD. The next few points are perhaps something that only those in the industry can appreciate and fully understand, I will try set them out as best I can:

1. Almost none of the 68 appointments would have been groups of companies so there would be minimal duplication of correspondence and the usual shortcuts available with group appointments (similar directors/services etc). This is 68 individual companies that need to be administered and investigated.

2. In a court appointment you start with almost no information other than what the applicant creditors can provide you (the IRD is very strict with what they can provide due to personal privacy reasons). You are effectively starting blind.

3. Because you start with no/minimal information the appointment takes a huge amount of resources upfront to:

a. locate the director/shareholders (phone, email, social media, post)
b. find other creditors
c. identify and realise assets
d. conduct an investigation where the books and records are not easily accessible
e. conduct site visits
f. chase up dead ends
g. establish if the company was trading
h. establish what the company did, why it closed down and what happened to its assets

4. there is a large downstream burden on information providers getting inundated with requests for information where the OA has to do a wide sweep for information as they don’t know where services are held and who the professional advisors are (i.e. Xero, MYOB, Banks, Customs, ACC, NZTA requesting potential access details)

5. there is no upfront fee and in a lot of cases if there are no easily realisable assets the OA may exercise their powers under section 254 of the Companies Act 1993 to take no further action.

There may be other points I have missed; these are just the ones that come immediately to mind while writing.

Total insolvency appointments for the year continue to track up in line with 2015/2016 figures. The year to date is 33%+ up on 2024. Month on month September had 297 total appointments, 136 appointments above the long-term average of 161 and past September’s (2023: 169, 2022: 139, 2021: 118, 2020: 108, 2019: 206, 2018: 183, 2017: 185)). With 2065 appointments in the year to date we are above full year figures back to 2018. We expect the higher insolvency appointment levels will continue into 2025 at least due to a large backlog at IRD and a struggling economy in most sectors.

Solvent liquidations are almost half their long-term average, this loss has been picked up as a percentage equally by insolvent shareholder appointments and insolvent court appointments which in the below graph make up 86% of appointments. The long-term average for the two sectors has traditionally been around 75%.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

As at the date of writing the August personal insolvency figures had not been released by the Insolvency and Trustee Service, no doubt everyone in the OA’s office is too busy keeping up with the huge workload they are now experiencing. As such, I have not updated these graphs and have kept last months paragraph as it remains correct and relevant.

In simple terms personal insolvency appointment figures for Bankruptcy, NAP and DRO remain low for the year to date in line with the very low levels seen over the last two years.

As bankruptcy is lagging indicator for the economy, we won’t see the lift in figures till after the fact, however the economy remains in a bit of a tough spot. From inflation, increasing costs of living (food, power, transport etc.), higher interest rates and other expenses, at some point individuals will run out of options and ways out. The latest drop in the OCR is unlikely to make a huge difference as it will take 12 – 18 months to take effect and will only drop certain costs, the price of goods we need day to day won’t go back down to pre-2020 levels.

While we are expecting to see corporate insolvencies continuing to grow into next year, I don’t believe we will see a lift in personal insolvencies till early 2025. There is traditionally a slow down over Christmas and January, then as people return to work and have to deal with the Christmas overspend, this may be when we see a lift in personal insolvency figures.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future, it is likely to get worse before it gets better regardless of the potential OCR decrease. We foresee continued rising appointments when compared to prior years. Inflation continues to be above the target of 1-3% and may be for some time with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

When a business encounters cash flow difficulties and an excessive debt burden, it is important to navigate these challenges carefully. Trading while insolvent not only jeopardises the future of your business but also exposes you to legal exposure. Here are several actions to avoid and some proactive solutions to consider.

What Not to Do:

1. Preferential Treatment of Suppliers with Personal Guarantees:

o Avoid prioritizing payments to unsecured creditors and suppliers who have personal guarantees. This practice can be deemed as giving unfair preference, which can deemed voidable and can be reversed by a liquidator and/or court if the company enters liquidation. It is essential to treat all suppliers fairly and equally to avoid legal repercussions.

2. Increasing Exposure to Creditors:

o Do not increase your debt burden by taking on more credit card debt or extending your trade accounts. This can worsen your financial situation and create a false sense of security. Instead, focus on reducing expenses and finding ways to increase revenue without accruing additional debt.

3. Accepting Deposits for Services/Orders You Cannot Fulfil:

o Refrain from taking deposits from customers if you know you cannot meet the commitment. This can be found to be a breach of a directors duties. This practice is considered fraudulent trading and can lead to severe legal consequences. Always be transparent with your customers about your capacity to deliver.

4. Repaying and Preferring Intercompany Debt and Unsecured Shareholder Loans:

o Avoid repaying intercompany debts, related party debt or unsecured shareholder loans over other creditors. This can be seen as preferential treatment and can be challenged by liquidators and in court during insolvency proceedings. Ensure all creditor payments are handled impartially and consider the entitlement of creditors (secured/preferential/unsecured).

5. Ignoring Creditor Entitlements:

o Do not disregard the entitlements of creditors. Secured, unsecured, and preferential creditors have specific rights under the seventh schedule of the Companies Act 1993 that need to be respected. Ignoring these entitlements can lead to legal actions and further financial complications.

Risks of Trading Insolvently:

Trading while insolvent can have serious implications:

• Legal Risks: Directors may face personal liability for the company's debts if found guilty of wrongful or fraudulent trading.

• Reputational Damage: Insolvency proceedings can harm your business's reputation, making it harder to rebuild trust with suppliers, customers, and investors.

• Financial Penalties: Insolvent trading can result in seeking contributions from directors and in severe cases or repeat cases, disqualification from acting as a director.

Proactive Solutions to consider:

1. Debt Management:

o Negotiate with Creditors: Open lines of communication with your creditors to renegotiate payment terms. Many creditors would prefer to work out a repayment plan than see your business go under. Consider a company compromise under the Companies Act 1993 to gain time to pay and possibly some relief (with requisite creditor approval).

o Debt Restructuring: Consider restructuring your debt to extend payment periods, reduce interest rates, or convert debt into equity.

2. Inventory Control:

o Optimize Inventory Levels: Implement inventory management systems to avoid overstocking or stockouts (short on key stock items). This can free up cash tied in inventory and reduce storage costs.

o Just-In-Time (JIT) Inventory: consider adopting JIT inventory practices to minimize holding costs and reduce waste.

3. Invoice Management:

o Speed Up Collections: Implement strict credit control policies to ensure timely collection of receivables. Consider offering early payment discounts to encourage quicker payments from customers.

o Factoring and Invoice Financing: Use factoring or invoice financing to get immediate cash flow by selling your receivables to a third party.

o Issue your invoices in a timely manner

4. Cost Reduction:

o Cut Non-Essential Expenses: Review your expenses and cut non-essential costs. Focus on maintaining expenditures that directly contribute to revenue generation.

o Outsource Non-Core Functions: Consider outsourcing non-core business functions to reduce overhead costs.

5. Increase Revenue:

o Diversify Income Streams: Explore new markets, products, or services to increase revenue. Diversifying can help cushion against downturns in specific areas of your business.

o Boost Marketing Efforts: Increase your marketing efforts to attract new customers and retain existing ones. A targeted marketing strategy can lead to higher sales and improved cash flow.

Conclusion

Facing cash flow difficulties and an excessive debt burden can be overwhelming. However, by avoiding the pitfalls of preferential payments, increasing debt exposure, and trading insolvently, you can protect your business from legal and financial troubles. Implementing proactive solutions such as debt management, inventory control, and invoice management can help stabilize your business and pave the way for recovery. There are also options to discuss with an insolvency practitioner that can help save a viable business such as voluntary administration and company compromise. Always seek professional advice to navigate these challenges effectively and ensure compliance with legal obligations.

In our 44th Insolvency by the Numbers, we look at the July 2024 data set and we review how the month has tracked compared to prior months and years.

Unsurprisingly the Reserve Banks made no change to the OCR at their July 2024 announcement. Banks and independent economists now expect the first drop may come in November 2024.

June quarter inflation figures came in at 0.4, bringing the annual inflation rate to 3.3. This was driven largely by tradable inflation coming down, non-tradeable (“domestic”) inflation appears to be a bit stickier however. No doubt the next quarter inflation figures may not show as much of a drop with the recent rates rises pushing through and the adjustment to tax bands giving taxpayers a little more disposable income.

Real Estate agents are now pushing the narrative that now is the best time to get in and buy as it remains a buyers’ market. No doubt we will be looking back in the years to come thinking 2024 was perhaps the missed opportunity for some who wished they had brought then rather than waiting for the bottom, which we can often only spot in hindsight.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

July 2024 while above the last few years has dropped under 2018 levels. This drop appears to have been primarily driven by decreases in shareholder insolvent liquidation appointments and court liquidation appointments. At this stage I would expect it was perhaps just a slow month as the economy is quite clearly still tough for business owners and there is a steady pipeline of winding up applications, as you will see below, pushing appointments through the court. Something to keep an eye on for the next few months to see if it bounces back.

Anyone with an eye on job listings will note that there has been increased demand from employers operating in the insolvency space as job ads have jumped from 1-2 every couple of days over the last few years to multiple instances of 15+ new jobs per day listed in a week. This is across the whole sector from credit control, collections, insolvency practitioners, IRD and legal job listings.

Overall total insolvencies for the year remain high, and continue down the 2015/2016 track. Month on month July had 200 total appointments, 46 appointments above the longterm average of 154 and well above past July’s with the exception of 2018 (2023: 182, 2022: 174, 2021: 150, 2020: 144). With 1448 appointments in the year to date we are only slightly behind the 2021 full year figures of 1488 which we will surpass next month, the next closest full year figures are 2020 and 2022 in the 1600’s. As outlined in past issues we expect these higher insolvency appointment levels will continue into 2025 at least.

For July shareholder resolution insolvent liquidations while above the long-term average have continued to drop from the past 2 months while solvent liquidations (18) climbed closer to the longterm average of 22 appointments.

The spike in Voluntary Administrations and Receiverships has returned as secured creditors continue appointments over assets and practitioners continue to sell the “benefits” of a Voluntary Administration over other insolvency options. I would speculate that in a number of the 61 Voluntary Administrations seen in the year to date that a liquidation would have been a more cost efficient option and seen a better return to creditors given there has only been one Deed of Company Arrangement entered into to date. The rise in personal receiverships by 3rd and 4th tier lenders continues with multiple appointments in the month.

We expect increases across all types of appointments to continue throughout 2024 and into 2025.

Winding Up Applications

Applications have bounced back after last months drop off as July beats out the last 4 years figures. This return was driven by continued strong application numbers from the IRD and a bounce back from commercial creditors making 44 of the 100 applications compared to the 26 made in June.

The year to date applications is well clear of the last 4 years figures with 604 total applications. To show this increase in 2024, we are above to total year winding up applications seen in 2020 (239), 2021 (562) and will exceed 2022 (623) in August.

As you can see below IRD’s dominance over all other commercial creditors continues bringing their streak to 16 months in a row where they have advertised more applications than all other creditors combined each month.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

The increases seen in April and May personal insolvency figures have dropped away. The drop off was in both bankruptcy (debtor and creditor petitions) and No Asset Procedures. While this drop is in line with corporate appointments detailed above at this early stage I wouldn’t go as far as to say they are related.

Where to from here?

Like the last few months, the signs continue to point to the NZ economy being in for continued pain for the foreseeable future, it is likely to get worse before it gets better. We foresee continued rising appointments when compared to prior years. When the OCR is dropped this will not be the silver bullet for the economy some people hold it out to be. There is a 12 – 18-month lead time before these drops are felt in the economy. Regardless inflation continues to be above the target of 1-3% and may be for some time with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Insolvency by the Numbers: NZ Insolvency Statistics June 2024

In our 43rd Insolvency by the Numbers, we look at our data set for June 2024. We review how the month has tracked compared to prior months and years.

We once again await the Reserve Banks latest announcement around the OCR in July 2024 to see if there will be any signal of change in when the rates may drop. The consensus appears to be that there will be no change till 2025 and no signalling otherwise. There are however murmurs that when the rates begin to drop they will be dropping quickly, time will tell how this plays out.

Business confidence is reaching new lows, this includes the expectation to hire new workers in the coming year along with the prospect of making capital investments into the business.

From an inflation standpoint we await the June quarter figures, which still take far too long to come out after the quarter has ended at 6+ weeks. We have seen reductions in the Auckland fuel tax, and the adjustment to the personal income tax bands at the end of July may have some effect on inflation.

Centrix data showed 474,000 people were behind on their payments in May, amounting to 12.64 percent of the credit active population, we expect this to start flowing through to bankruptcy and other personal insolvency options in the coming months.

The housing market continues to cool as we enter the winter months, with buyers in less of a rush as they appear be in a buyers’ market holding the power as prices begin to creep down.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

June 2024 continues with the elevated levels seen compared to the last 6 years, as you can see above the 2024 line continues to follow the overall monthly ups and downs and appointments are by no means rocketing off into the sunset. The expected June drop from our end of financial year highs arrived as expected when combined with winding up applications data we expect the trends from prior years to level out through the rest of the year before dropping off in December.

Insolvency practitioners are definitely busier than they have been the last few years, evident as teams gear up and we begin to see job listings for new insolvency roles in firms.

Overall total insolvencies for the year remain high, and are in line with the 2015/2016 figures, as we came down from the highs of the GFC. Month on month June had 224 total appointments, 71 appointments above the long term average of 153 and well above past Junes (2023: 189, 2022: 99, 2021: 154, 2020: 144). We expect that these higher insolvency appointment levels will continue into 2025 given the back log of debt currently sitting with the IRD and other creditors.

For June shareholder resolution insolvent liquidations remained high while we saw a decrease in solvent liquidations down to 6% from the long term average of 15%. The spike in Voluntary Administrations and Receiverships dropped off somewhat but remained elevated since increasing from March onwards. As mentioned in prior months we have seen a rise in personal receiverships by 3rd and 4th tier lenders in attempts to recover their bad debts that were lent out in the good times and are now in default, demonstrating the hazards of providing personal guarantees on corporate lending.

We expect increases across all types of appointments to continue throughout 2024 and into 2025.

Winding Up Applications

It looks like the early peak in February may have come back to bite as we see a drop in our traditionally higher months of June/July when typically, creditor recovery action is in full swing. This drop off was not just from one class of creditor with both the IRD and commercial creditors falling off in the numbers of applications that were made.

Even with the above drop we remain for the year to date above the last 4 years figures having 504 total applications. The calendar year to June in prior years saw 122 in 2020 , 343 in 2021, 228 in 2022 and 426 in 2023. To show this increase in 2024, we are half way through the year and are above to total year winding up applications seen in 2020 (239) and will exceed 2021 in July (562)

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

The slight increase seen in April personal insolvency figures has continued its slow climb in May. This rise is almost entirely driven by bankruptcy figures with 73 in May, the split between debtor and creditor petition remaining consistent on earlier months with a 40 debtor / 33 creditor split.

As outlined above Centrix data shows for the month of May 474,000 people were behind on their payments and as we have previously mentioned we expect that numbers will continue to increase slowly as job losses, high interest rates and cost of living continues to pressure people over 2024 and 2025.

Where to from here?

Like last month the signs continue to point to the NZ economy being in for continued pain for the foreseeable future, it is likely to get worse before it gets better. We foresee continued rising appointments when compared to prior years. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

In our 42^nd Insolvency by the Numbers, we look at our data set for May 2024. We review how the month has tracked compared to prior months and years.

In the last month the Reserve Bank has continued with no change to the OCR and indicated not to expect any reductions until 2025.

We are now beginning to see a further tightening being covered in certain sectors particularly construction where new work has become scarce and those that are not busy finishing off existing projects are beginning to look to the renovation space.

 The government has released their latest budget showing cuts to a number of ministry’s and projects that are not deemed essential, there has also been some tax relief in the moving of the personal income tax brackets. How these budget changes will affect our stubborn non-tradable inflation is yet to be seen.

 Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

 May 2024 appears to have fallen back into the traditional corporate insolvency patterns we have seen in prior years just at slightly elevated levels over past years. On this basis we would normally see a drop in June but the appointment levels remain consistently higher than the last 6+ years.

Overall total insolvencies for the year remain high, almost double the appointments seen as recently as 2022. Month on month May had 238 total appointments 83 above the long term average of 150 and well above past Mays (2023: 158, 2022: 138, 2021: 151, 2020: 158). We expect that these higher insolvency appointment levels will continue into 2025 given the back log of debts currently sitting with the IRD and other creditors.

For May shareholder appointments increased and there was a decrease in court appointments as a comparative percentage. There was also a spike in Voluntary Administrations and Receiverships due to group appointments. As mentioned in prior months we have also seen a rise in personal receiverships by 3^rd and 4^th tier lenders in attempts to recover their debts (not recorded in the above corporate appointment figures)

We expect increases across all types of appointments to continue throughout 2024 and into 2025.

 Winding Up Applications

 We have now seen 3 months in a row of consistent applications just under the 100 marks being made driven largely by IRD and their recovery efforts. While the winding up applications are normally driven by those made in the Auckland High Court making up 2/3^rds of the total applications, May saw other courts around the country take up a larger share for the month making up around 50% of the applications, a sign that the regions outside of Auckland are also beginning to get their share of insolvency pressures.

 Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

 We can see a slight increase in April personal insolvency figures driven largely by bankruptcy applications but not a huge change over all. As outlined in the past I would expect that numbers will continue to increase slowly as job losses, increasing interest rates and cost of living continues to pressure people over 2024 and 2025.

 Where to from here?

Much like last month the signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments when compared to prior years. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

 If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Many construction companies are facing tough times in the current economic climate. The cost of living and interest rates are creating concern.  Managing cashflow and profitability during the uncertainties of long term projects can be an ongoing challenge for many companies. An equally important challenge is knowing when it’s time to get advice on whether your company can survive or not.

In April 2024 Centrix reported the highest number of liquidations in nine years with construction companies leading the way.  March 2024 liquidations included 56 construction companies.  Centrix reported 486 construction company liquidations during the financial year ended 31 March 2024, compared to 415 in March 2023 and 262 in March 2022.

Construction companies often fail more than those in other industries during economic downturns or recessions due to several inherent vulnerabilities. Firstly, construction projects are typically capital-intensive and highly dependent on financing, which becomes scarce and more expensive during economic downturns. Secondly, construction companies face long project timelines with fixed costs but variable revenues, making them susceptible to cash flow issues when demand decreases. Thirdly, the industry is highly cyclical, closely tied to economic conditions and consumer confidence; when a recession hits, both residential and commercial construction projects are among the first to be postponed or cancelled.

Additionally, construction firms often operate on thin margins, leaving little buffer to absorb financial shocks. The combination of these factors—high fixed costs, dependency on external financing, project delays, and narrow profit margins—exposes construction companies to greater financial risk, leading to a higher rate of failure during economic downturns compared to companies in more stable industries.

If you are concerned about the state of your company then early action is critical. Taking steps to ensure your company remains financially sound will minimise the risk of an insolvent trading action. It may also improve your company’s performance.

The Inland Revenue have issued a warning on non compliance in the sector and advised of the consequences.  They have advised that tax debt is high in the construction sector and 40,000 companies have overdue debt, returns or both and can expect to be followed up.  A particular focus is on cash jobs.

Many people are unaware that there are serious penalties and consequences of insolvent trading including civil penalties and criminal charges. Insolvency can be established by either of the Cashflow or Balance Sheet tests. The company only needs to fail one of these tests to be insolvent.

The Cashflow test is simply whether the company can pay its debts when they fall due. The Balance Sheet test is whether the company's assets exceed its liabilities (including contingent liabilities).

As a director, you need to be aware of your options so that you can make informed decisions about your company’s future. If your company is insolvent you must not incur further debt in the name of the company or you could be made personally liable for that debt.

Options can include refinancing or capital injection, sale of assets, and restructuring or changing company activities. A further option is to enter into a company compromise with creditors whereby debt (in part or full) will be repaid over an agreed period of time. We regularly arrange such Compromises.

Sadly, the matter is often left too late and the only options left are to appoint a voluntary administrator, receiver or liquidator.

The best scenario is to avoid a crisis in the first place by seeking independent expert advice in respect of your duties and the options available.

If you are concerned that your construction company may be insolvent please contact one of our team at McDonald Vague to discuss your options.

In our 41st Insolvency by the Numbers, we look at our data set for April 2024. We review how the month has tracked compared to prior months and years.

In the last month we have seen the latest release of unemployment data showing a rise to 4.3% for the March 2024 quarter, with expectation that it may continue to increase. We have seen a decrease in inflation driven largely by tradeable inflation, meanwhile the non-tradeable inflation continues to remain high, showing we still have some work to do to get over inflation in NZ.

The Reserve Bank has continued with no change to the OCR during the month with the next announcement due in May 2024 hoping to shed some light on when there will be a reduction, economists have revised their estimates to late 2024 or early 2025.

Anecdotally the uptake seen in media enquiries into new appointments has continued, leading to with steady coverage in local and regional news media of the variety of appointments being taken by insolvency practitioners with special emphasis on the number and quantum of creditors left out of pocket.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

While April 2024 insolvency appointments saw a drop in March hights we have continued the trend seen so far this year being up on past years. Total appointments for the month were 193. April 2024 is 25% up on the long-term average of 148 monthly appointments.

2024 continues showing strong appointment figures well exceeding the last 7 years for the cumulative total of the 4 months to date. As predicted April figures were up again. It definitely highlights the steady drop seen up to 2022 and the quick resurgence in insolvency work that has taken place this year to date and in 2023.

As a percentage spread compared to the average, we have seen solvent liquidations take a drop down 7% in April to 8% while insolvent shareholder appointments and receiverships have increased comparatively.

We expect increases across all types of appointments to continue throughout 2024 and into 2025.

Winding Up Applications

April 2024, the trend continued with 88 applications, marking a slight increase from the previous year but still reflecting a robust level of activity compared to pandemic times which saw 10 applications during that first lockdown. Among these, 38 were attributed to company winding-ups, while 50 were linked to proceedings initiated by the Inland Revenue Department (IRD).

It has now been 13 months since the IRD advertised less winding up applications than every other non-creditor combined. The IRD continues its drive to collect the current level of arrears from delinquent debtors. This will likely be ongoing for several years as they work through a steady backlog.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

In February 2024, there were 38 bankruptcy filings, 34 no asset procedures, and 6 debt repayment orders, totalling 78. Personal insolvency figures remain stagnant as seen over the past few years. We expect that we will not see a significant rise in personal insolvency till into the 2nd half of 2024. Notably you can see in the above graph how they have historically tracked corporate insolvency appointments, this trend has changed in the last 6 months with a large difference in the last 2.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments when compared to prior years months as the year progresses. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

In our 40th Insolvency by the Numbers, we look at our data set for March 2024. We review at how the month has tracked compared to prior months and years.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

March 2024 insolvency appointments continue the trend seen last month being notably up in March 2023. Total appointments for the month were 291, this is 26% higher than 2023 and almost double each of the years back to 2019. March 2024 is 144 appointments above the long-term average of 147 monthly appointments.

2024 continues showing strong appointment figures exceeding the last 7 years for the cumulative total of the 3 months to date. As predicted March figures were up and we expect that they will be revised higher in our next article as late advertisers continue to come in over April, this occurs every year especially around solvent appointments.

We continue to see an increase in enquiries as we enter the 2nd quarter of the year. This continues to be a combination of formal insolvency appointments and informal insolvency advice and work outs.

As a percentage spread compared to the average, we have seen solvent liquidations in line with previous March figures. As a percentage, appointment types were in line with the long-term average with slight rises in Voluntary Administrations and Receiverships appointments driven largely by 2 large group appointments of each type.

We expect increase in appointment numbers detailed above to continue throughout 2024.

Winding Up Applications

March 2024 saw a significant flux, with a total of 85 winding-up applications tallied. Among these, 33 were attributed to company winding-ups, while 52 were linked to proceedings initiated by the Inland Revenue Department (IRD). This data signifies a noticeable increase compared to March 2023, which recorded 56 total applications.

It has now been 12 month since the IRD advertised less winding up applications than every other non-creditor combined. The IRD continues its drive to collect the current level of arrears from delinquent debtors.

This marks a notable escalation from March 2023, which saw 56 applications in total. While there has been a drop away from February’s highs this is in line with past years but was also likely the result of the easter long weekend falling into March of this year rather than April as it has in past years allowing for less advertising days in the month.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

In February 2024, there were 58 bankruptcy filings, 34 no asset procedures, and 7 debt repayment orders, totalling 99. Personal insolvency figures remain stagnant as seen over the past few years. We expect that we will not see a significant rise in personal insolvency till into the 2nd half of 2024.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments when compared to prior years months as the year progresses. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..