Articles

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...

Workers Engaged through Labour Hire Company Found to be Employees

Summary A recent Employment Court decision has potentially significant implications for companies that use workers from labour hire companies. In Prasad and Tulai v LSG Sky...

Regulating the brave new world of Cryptocurrencies

Global attention is gathering apace on blockchain technologies and cryptocurrencies (such as Bitcoin and Ethereum) as part of the latest wave of financial technology innovation and...

Kebabs vs Sushi

In the recent High Court decision Saddik v University of Auckland the University’s refusal to extend a kebab shop owner’s lease at the University food court has brought...

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...

Health and safety back in the spotlight

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 later by an...

Geographical indications register now open for wines and spirits

In my last article I wrote about cheese. In this article I am shifting my focus to one of cheese’s good friends, wine. In the wine industry considerable importance is placed...

New MBIE Guide To Providing Annual Holidays

The Ministry of Business, Innovation and Employment (MBIE) has recently released a guide to annual holidays under the Holidays Act 2003.  This free resource is available here...

Importer wins dispute over unclaimed cheese

A decision of the Christchurch High Court caught my eye recently because it concerned something I am very fond of. Cheese. Over $90,000 of imported cheese. To my mind, a commercial...

McLaren v McLaren

McLaren v McLaren: family trusts continued Family trust disputes are providing a good source of interesting cases at the moment – unfortunately they do of course come at...

Pay equity - becoming a reality

Over the next few years we are likely to see some significant pay equity claims and settlements which will affect a large number of employers and employees, both union and...

Employment law update: Proposed new domestic violence law to impact employment law

Having passed its first reading and now at the Select Committee stage, a new Bill proposing to enhance legal protections for victims of domestic violence would see changes made to...

Beneficiaries not always entitled to trust information

In March the Supreme Court released a decision concerning a beneficiary’s entitlement to access information about a trust that they are a beneficiary of. The case involved...

Employment Update - Minimum Wage Increasing

The government has recently announced that from 1 April the minimum wage will be increasing by 50c, from $15.25 per hour to $15.75 per hour. The starting-out and training...

Update on Securities Law: Changes for Organisations that Manage Communal Facilities

This article appeared in the Otago Daily Times, December 2016. This article deals with recent changes to the Financial Markets Conduct Act 2013 (FMCA) in relation to...

High Court Overturns Charities Board Decision

This article appeared in the Otago Daily Times, November 2016. The High Court has recently overturned the decision of The Charities Registration Board not to grant charitable...

Capital Raising: Reminder of FMCA Exclusions

This article appeared in the Otago Daily Times, October 2016. In last month’s article David Smillie looked at exclusions under the Financial Markets Conduct Act 2013...

Capital Raising: Reminder of FMCA Exclusions

This article appeared in the Otago Daily Times, August 2016. It has been around 3 years since the Financial Markets Conduct Act 2013 (FMCA) was passed and it has been welcomed...

Purchasers Beware: Methamphetamine Contamination is a Real Risk

August 2016 . . . Methamphetamine is a Class A controlled drug under the Misuse of Drugs Act 1975. It is commonly referred to as Meth, Crystal Meth, Ice or P. The process of...

Landlords Beware: Methamphetamine Contamination is a Real Risk

August 2016 . . . Methamphetamine is a Class A controlled drug under the Misuse of Drugs Act 1975. It is commonly referred to as Meth, Crystal Meth, Ice or P. The process of...

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