Articles

Articles

Government to get even tougher on employment standards

March 2015 . . .Continuing a trend of toughening up on bad employers, the Government last week announced significant new measures aimed at ensuring that all employees receive...

Changes to KiwiSaver First Home Withdrawal and HNZC First Home Deposit Subsidy on the horizon

February 2015 . . .The KiwiSaver savings scheme has two special features which have been assisting first home buyers. These are:    a) KiwiSaver First Home...

Be mindful of Directors' Duties

This article appeared in the Otago Daily Times in February 2015.   In the case of small or closely held companies it is not uncommon to see people treating...

Discharge Without Conviction – Not Just for Sports People

December 2014 . . . Recent media publicity has suggested that sports people are, unjustly, more likely to be discharged without conviction when they come before the Court on...

Key Issues under the Health and Safety Reform Bill

November 2014 . . . David Robinson delivered a well received paper at the Conference held by the Otago and Southland branches of the New Zealand Law Society.  His topic,...

Health and Safety - abolition of self-incrimination privilege for corporates

November 2014 . . . In this Lawtalk article David Robinson examines the current privilege against self- incrimination, notes the proposed abolition of the privilege under the...

Why mediate? Resolving employment relationship problems through mediation

November 2014 . . . When things go wrong between employers and employees, it might be tempting to go out guns blazing and aim for a showdown in Court. However, when the actual and...

ETERNAL RESTRAINT OF TRADE UNREASONABLE

September 2014 . . . The High Court has declared that a former shareholder cannot be prevented from competing with a company’s business forever. This case concerned the...

ASSET STRIPPING & CONSPIRACY THEORIES

August 2014. . . At what point does “sharp practice” in commercial transactions cross the line and become unlawful activity? That was question the Court of Appeal...

Keep an eye on the bottom line

July 2014 . . . We all need to keep an eye on the bottom line; Mrs S learnt that that hard way in the Family Court. When Mr W and Mrs S’s 20 year relationship ended, Mrs S...

Employer puts foot down to win injuction

June 2014... Some businesses tend to take a fairly relaxed approach to having property documented employment agreements, despite the fact that it is a breach of the Employment...

Kiwisaver accounts and bankruptcy

May 2014... The High Court has declared that a bankrupt’s KiwiSaver account can be made available for distribution to creditors, but only after the bankrupt qualifies...

THE COST OF PRICE-FIXING

April 2014... The recent action by the Commerce Commission against Carter Holt Harvey is a useful reminder for all businesses (and also managers in those businesses) of the...

LOWERING THE COST OF ACCESSING EQUITY CAPITAL

March 2014... In the current financial market, emerging businesses can face an up hill battle to secure new capital to finance their growth aspirations. The problem for these...

WHEN IS A CONTRACT “FRUSTRATED”? UPDATE FROM THE SUPREME COURT

February 2014... Commercial contracts are a part of every-day life for all businesses and they can of course vary in scope, complexity and value depending on the subject matter....

THE BATTLE FOR THE BIKER JEAN

December 2013... The celebrated biker jean. Fashion conscious readers will know what I am talking about. For those that missed this 90’s fashion trend, “biker...

Exclusion Clauses in Commercial Contracts

November 2013... My last article commented on the Consumer Law Reform Bill and the proposal to prohibit the use of “unfair contract terms” in standard form consumer...

THE CONSUMER LAW REFORM BILL & “UNFAIR” CONTRACT TERMS

October 2013... The Consumer Law Reform Bill is before Parliament awaiting its third reading and it is proposed that the Bill will be enacted before the end of this year. The...

Exporter falls short on GST compliance

September 2013... A New Zealand business that manufactured and supplied goods to an overseas purchaser has been found to have made a costly mistake in its treatment of GST. The...

Muzz Buzz - Intellectual Property

August 2013... In an earlier column I discussed the legal stoush between two operators in the Auckland drive through coffee business, Muzz Buzz (the plaintiff) and Jitta Buzz...

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