Articles

Smith v Fonterra & Ors [2024] NZSC 5: is climate changing the law of torts?

The recent Supreme Court decision Smith v Fonterra considered arguments on the potential liability of individual greenhouse gas (GHGs) emitters through common law tort (known as a...

RIP Fair Pay Agreements and The Return of 90-day Trials for All

The new Government is moving at pace to achieve two of its key employment law related commitments before Christmas. The Government previously signalled its intention to repeal the...

Cronin-Lampe: Record Breaking Award

The Employment Court’s recent judgment in Cronin-Lampe v Melville High School (5 December 2023) is, in a number of respects, breath taking and record breaking. ...

Increased Timeframe for Raising Personal Grievance Related to Sexual Harassment

Geoff Bevan, Gerrad Brimble, Andrew More As from 13 June 2023 employees have 12 months to raise a personal grievance related to sexual harassment. This is an exception to the...

Freshwater Farm Plan: thought you’d herd it all?

Freshwater Farm Plans: thought you’d herd it all? Bridget Irving, Simon Peirce, Gus Griffin, Hannah Perkin From 1 August 2023 Freshwater Farm Plans (FWFP) start...

When to DIY or see a lawyer for your business

Lawyers will generally tell you to get legal advice. But nowadays you can do a lot yourself, without paying a lawyer (especially as AI develops). So, if you’re starting or...

A Whistle-Stop Tour of the Updated Protected Disclosures Regime

Kari Schmidt, Gerrad Brimble, Geoff Bevan It’s been almost a year since the Protected Disclosures (Protection of Whistleblowers) Act 2022 (the Act) came into force on 1...

Are You Uber Sure You’re a Contractor?

Late last year the Employment Court recently issued a judgment finding that four Uber drivers working for Uber Rideshare and Uber Eats are in fact employees, rather than...

Can looking into a neighbouring property amount to nuisance?

We have encountered several disputes stemming from a perceived interference of privacy created by one property looking into another. The recent UK Supreme Court case of Fearn v...

Protecting your pets – can you create a pet trust?

In today’s article, we’ll take a short break from commercial law, and look at something closer to home: pets. As King Frederick of Prussia said in 1789: “the...

Cutting business ties

Sometimes you might do business with people you don’t like. But sometimes you get to cut those ties and end a contract. For example, global shoe company Adidas recently cut...

Navigating the maize: What the new National Policy Statement for Highly Productive Land 2022 means for you

On 18 September, the Ministry for the Environment announced a new National Policy Statement for Highly Productive Land 2022 (NPS-HPL) which seeks to protect highly productive land...

Part 1: Introduction to welfare guardian and property orders

The Protection of Personal and Property Rights Act 1988 (the PPPR Act) governs the area of law that relates to a person losing mental capacity and how their affairs are to be...

When can I cancel my conditional Sale & Purchase Agreement?

The recent Supreme Court decision of Melco Property Holdings (NZ) 2012 Ltd v Hall[1] has provided helpful guidance on the circumstances in which a party may cancel[2] a...

Weaponising covenants in gross

The housing crisis. It’s near impossible to watch the news, listen to the radio or read any news site without catching something about the housing shortage. In May, Auckland...

Changes Introduced by the Fair Trading Amendment Act 2021

The Fair Trading Act 1986 (Act) has, since March 2015, prohibited the use of unfair contract terms in standard form consumer contracts, i.e. business to consumer contracts. The...

Significant Natural Areas: Are you ready?

Significant Natural Areas (SNAs) remain the central mechanism in the latest draft of the National Policy Statement for Indigenous Biodiversity (NPSIB) released June 9, 2022. As we...

Gloriavale members declared employees

The Employment Court’s recent decision in Courage v Attorney General[1] has found that members of Gloriavale Christian Community (Gloriavale) were employees while living...

Ready to take on migrant workers again?

NEW WORK VISA POLICY: ACCREDITED EMPLOYER WORK VISA With the New Zealand borders opening up, Immigration New Zealand’s long-awaited Accredited Employer Work Visa (the...

Wood for the trees? Carbon forestry set to become less exotic

Our thanks to Gus Griffin for assisting with this article.  Looking to establish or invest in carbon forestry? Then you should understand the Government’s ETS...

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