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Legal updates

Law change for commercial landlords and tenants to address Covid-19 rent relief

On 4th June, the Government announced law changes to help certain businesses resolve commercial rent disputes arising from COVID-19. Where an eligible tenant has suffered a...

Government announces employment law changes

January 2018 . . . The Government has announced its initial changes to employment law, which it says are aimed at restoring the balance that had “tipped away from fair...

Not correctly identifying employer proves expensive mistake for director

January 2018 . . . A recent Employment Relations Authority decision highlights why employers need to make sure that their employment agreements name the correct legal...

Prosecution puts health and safety failure cost in figures

September 2017 . . . Health and safety was back in the spotlight again last week with the first sentencing decision under the Health and Safety at Work Act 2015, followed just days...

Leases – Contamination and Remediation

September 2015   Background In Auckland Waterfront Development Agency Limited v Mobil Oil New Zealand Limited [2015] NZCA 390, the Court of Appeal has...

Court of Appeal Clarifies Kiwi Saver Status in Bankruptcy

May 2015...In its 17 April 2015 decision, the Court of Appeal has clarified the status of a bankrupt’s interest in Kiwisaver funds. At issue was whether a...

One night in Bangkok

March 2015 . . . A recent Employment Court case (Peter Hall v Dionex Pty Limited) saw a former manager receive six months’ pay and $9,000 in compensation after he was...

Supreme Court victory for construction subcontractors

March 2015 . . . Construction subcontractors can breathe a sigh of relief after three construction companies recently won an appeal to the Supreme Court, which will greatly...

Quad bike safety: Wear a helmet!

December 2014 . . . Recently, two farmers from Blenheim were fined $20,000 each for failing to wear helmets on their quad bikes, and failing to ensure that others using the...

TRADE MARKS – USE THEM OR LOSE THEM

November 2014 . . . Trade marks which are not being used may be cancelled and removed from the trade marks register. A recent High Court decision involving the clothes label...

Buying off the plans (without going off the rails)

September 2014 . . . If you are buying “off the plan” – an increasingly popular option for house and apartment buyers – you will often be signing up to...

Facebook “like” leads to dismissal

September 2014 . . . A childcare centre manager was justifiably dismissed after liking derogatory comments about her employer on Facebook. Rachel Blylevens was being...

Redundancy: The times they are a changing….

September 2014. . . In the last couple of years we have seen some major shifts in redundancy case law.  It is now more difficult to make staff redundant, and employers are...

Rural update: Large wage claim fails

September 2014 . . . A former farm manager recently had his $43,000 victory in the Employment Relations Authority overturned on appeal by the Employment Court.  The...

COURT STAYS PROCEEDING WHERE PARTIES ATTEMPT TO SIDESTEP ARBITRATION AGREEMENT

August 2014. . . A recent High Court decision has highlighted the Court’s ability to stay Court proceedings where some, but not all parties to the Court action are also...

CHARITIES UPDATE - WHEN DOES A GOOD CAUSE BECOME A CHARITY?

August 2014. . .If you are contemplating registering an organisation as a charity you should give careful consideration to your organisation’s main purposes. These...

Centre pivots and linear irrigators – consent no longer required in Queenstown Lakes

July 2014 . . . We recently wrote about the Environment Court decision in Haldon Station v Mackenzie District Council confirming that centre pivots and linear irrigators are...

Employment update – fortnightly averaging now permitted

July 2014 . . . Responding in part to calls from rural employers, the government has changed the law to allow a fortnightly minimum wage calculation.  This change took...

Is a centre pivot a building?

June 2014 . . . According to the Environment Court…No, a Centre Pivot is not a building, but a vehicle. In its decision released on Friday, the Environment Court found...

Good News for Leaky-Home Owners

June 2014...The “leaky home” crisis has been a familiar feature in the media for the last decade. The crisis was brought on by a combination of deficient designs,...

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