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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...

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...

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...

CAN A SECURITY GUARD TACKLE A STREAKER?

We have all seen the incident where the streaker at the All Blacks – England match gets “owned” by the security guard. It was a pretty decent hit on a guy...

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...

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,...

Drug Testing: A Costly Lesson

June 2014 . . . In a decision released late last month the Employment Relations Authority told Carter Holt Harvey that it had to compensate 76 employees who were required to...

Time Limit for Sharemilking Claims

June 2014...The majority of sharemilking agreements contain a “limitation” provision.  Such a clause sets a time limit for either the owner or the sharemilker...

Major changes to Health and Safety

June 2014... The Health and Safety in Employment Act 1992 is to be repealed and replaced with new legislation. The Health and Safety Reform Bill was introduced into...

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...

Rural Update: Employing Staff

May 2014... Recent media reports and MBIE (Ministry of Business, Innovation and Employment) investigations highlight the need for farmers to make sure they comply with...

Indigenous Vegetation Clearance: Cancellation of interim enforcement order

May 2014... Jan Caunter and Bridget Irving have recently had a significant win in the Environment Court, successfully overturning an interim enforcement order made against...

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