INSIGHTS

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Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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Prohibition on unconscionable conduct now in force

Written by David Alizade, PARTNER; Darryl King, PARTNER on September 29th, 2022.    

The Fair Trading Act 1986 (FTA) was amended last month to ban businesses from engaging in unconscionable conduct. When introducing the legislation at its first reading, Minister David Clark said that it was “necessary to deal with a very small minority of businesses that take advantage of the vulnerabilities and lack of bargaining power of consumers or other businesses”. This update explains the new law, considers some Australian cases where the equivalent law has been applied and suggests some steps businesses can take to avoid breaching the new law.

 

Unfair contract terms - rules now apply to B2B contracts

Written by Darryl King, PARTNER; David Alizade, PARTNER on August 17th, 2022.    

Changes to the Fair Trading Act 1986 (FTA) are now in force which mean that all standard form business to business contracts with an annual threshold value under $250,000 (including GST) will be subject to the same unfair contract terms rules that already apply to business to consumer contracts. This article provides a brief summary of the application of the unfair contract terms rules to B2B contracts. For more detail please see our top 10 things to think about article here.

 
 

Unfair contract terms - rules now apply to franchise agreements

Written by Darryl King, PARTNER; David Alizade, PARTNER on August 17th, 2022.    

Franchisors should be aware that changes to the Fair Trading Act 1986 (FTA ) are now in force which mean that all standard form business to business contracts with an annual threshold value under $250,000 (including GST) will be subject to the same unfair contract terms rules that already apply to business to consumer contracts. Set out below is a brief summary of the application of the unfair contract terms rules to franchise documentation. For more detail, please see our top 10 things to think about article here.

 
 
 

Penalties in Cartel Cases

Written by Darryl King, PARTNER; David Alizade, PARTNER on July 28th, 2022.    

Last month courts in both New Zealand and Australia imposed significant penalties on companies and individuals for breaching cartel laws. In imposing the sentences both courts referred to the need to deter possible offenders from engaging in cartel conduct. The large penalties – including jail in the Australia case - are a timely reminder for NZ businesses. This update discusses the cases and a brief recap on New Zealand cartel laws and their penalties.
 

Responding to COVID-19: A Business Guide

Written by Darryl King PARTNER; David Alizade PARTNER; Glenn Finnigan PARTNER; Mark Sullivan PARTNER; Caroline Harris PARTNER; Kelly Seabourne PARTNER on March 24th, 2020.    

As COVID-19 spreads and the number of cases around the world climbs, businesses need to take definitive action now to address what is shaping up to be the most significant challenge for some time.
 

Protect yourself in 2020 - don't abbreviate

Written by Darryl King, PARTNER; David Alizade, PARTNER on February 18th, 2020.    

Moving into the “twenty-twenties” has provided scammers with a unique opportunity to forge documents and potentially defraud businesses. Click the link to read more...
Topics: Business, Contract
 

Alert: Unfair contract terms protection coming to businesses?

Written by Darryl King, PARTNER on December 10th, 2018.    

The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices. 
 

Beware The Risks Of Interpreting Contracts

Written by Mark Sullivan, PARTNER on July 16th, 2018.    

Do you know the principles the Courts apply when interpreting contracts?  These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business.  The same principles apply to other contracts but are often misunderstood and lead to conflict.
 

Eleven Acts in One - Overhaul of Contract and Commercial Law

Written by Darryl King, PARTNER; David Alizade, PARTNER on August 16th, 2017.    

The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017.  The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.
Topics: All, Business , Contract
 
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