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.

Email me when new articles are published

Privacy Warrant of Fitness for Franchisors

Written by David Alizade PARTNER; Darryl King PARTNER on November 20th, 2020.    

The Privacy Act 2020 (Act) comes into force on 1 December 2020.  This warrant of fitness is designed to help you assess how well placed your franchise is to comply with the Act, and what changes you and your franchisees might need to make.

Privacy Warrant of Fitness

Written by David Alizade PARTNER; Darryl King PARTNER on November 19th, 2020.    

The Privacy Act 2020 (Act) comes into force on 1 December 2020.  This warrant of fitness is designed to help you assess how well placed you are to comply with the Act, and what changes you might need to make.

Introduction to Privacy

Written by David Alizade PARTNER on November 17th, 2020.    

The Privacy Act 1993 has governed information privacy in New Zealand for 27 years. On 1 December, it will be replaced with the Privacy Act 2020 (Act).  The Act uses the same principle based approach as its predecessor but includes new obligations for agencies and enforcement powers for the Privacy Commissioner, to provide greater protection for personal information in the digital age. The Act controls how “agencies” collect, use, disclose, store and give access to “personal information”. “Personal information” is information about identifiable, living people.

Health and Safety - WorkSafe decision

Written by Glenn Finnigan, PARTNER on November 16th, 2020.    

A recent WorkSafe New Zealand sentencing decision highlights the high cost of mismanaging health and safety when having work done.

Privacy Act 2020 - Mandatory Reporting of Privacy Breaches

Written by David Alizade PARTNER on October 23rd, 2020.    

Ahead of the introduction of the Privacy Act 2020 (Act) on 1 December, the Office of the Privacy Commissioner (OPC) has this week launched its “NotifyUs” tool.  The tool is designed to assist organisations with one of the key changes under the Act – the requirement to notify the OPC of certain data breaches. This fact sheet gives an overview of the new breach reporting requirements and how you can prepare for them.

Employment Law and the NZ General Election 2020

Written by Glenn Finnigan, PARTNER on October 8th, 2020.    

Workplace relations policy often becomes a political football around election time with parties towards the “left” of the political spectrum ordinarily promoting enhanced workers rights vs. the more “right” leaning parties being more concerned with business interests. With advance voting now having opened, we examine some of the parties’ plans for reforming the employment laws.

Employment Article - Managing Drugs and Alcohol in the Workplace

Written by Glenn Finnigan, PARTNER on September 22nd, 2020.    

The management of drugs and alcohol in workplaces is not only an important health and safety issue for industry sectors such as construction and forestry, but is important for all workplaces.

Employment Article - August 2020

Written by Glenn Finnigan, PARTNER on August 26th, 2020.    

The aftermath to the first COVID-19 lockdown in April has seen a number of redundancy cases being taken to the Employment Relations Authority. The decisions on these cases are beginning to be released and the overarching theme to date is that the existence of a pandemic such as COVID-19 will not excuse an employer from adhering to their core obligations when dealing with potential redundancies.

Legal Update: Privacy Act 2020 now passed into law

Written by David Alizade, PARTNER on July 20th, 2020.    

After a long journey through Parliament, the Privacy Act 2020 (the Act) was passed into law on 30 June, and will come into force on 1 December 2020.  The Act retains the key privacy principles found in the Privacy Act 1993.  It builds on these with additional changes to reflect the major technological developments that have occurred over the last 27 years. Click through to read more about the key changes the Act will introduce and suggest changes your business may need to make to comply with it. 
Topics: Business, Privacy

Rent relief for some smaller tenants affected by COVID-19

Written by Darryl King, PARTNER; David Alizade, PARTNER on June 15th, 2020.    

After much lobbying from business groups, the government has recently announced promised changes to leasing laws to provide some relief for small tenants that do not have a rent relief clause in their lease.  The changes as announced will benefit far fewer tenants than originally proposed, and many tenants will be left with little relief. Click the link to read a summary of the changes. 

Pass the Parcel: Employment Court decision delivers warning for owner drivers

Written by Glenn Finnigan, PARTNER on May 28th, 2020.    

Courier drivers have long been categorised by the Courts as contractors and not employees, largely due to industry practice. The Employment Court recently reconsidered how owner drivers in the courier sector were to be classified in the case of Leota v Parcel Express Limited. Mr Leota was a driver who provided courier services to Parcel Express Limited under an agreement which identified the arrangement as a contract for services. Although the Court said the decision related to the specific facts of Mr Leota’s relationship with Parcel Express Limited, the decision to declare him an employee may set precedent for other owner drivers, especially those operating under a similar model and contract to that used by Parcel Express.
Topics: Employment

Responding to COVID-19: Commercial Leases

Written by Kelly Seabourne, PARTNER; Darryl King, PARTNER; David Alizade, PARTNER on March 31st, 2020.    

The impact of COVID-19 is already widespread and having a massive impact on businesses around the world.  Every day New Zealand is seeing further disruption due to COVID-19. Clearly, the increasing disruption caused by COVID-19 and the implementation of Alert Level 4 is causing significant concern for commercial tenants and landlords. Click the link to read more about some of the key issues for landlords and tenants to consider....

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.

Coronavirus and Employment

Written by Glenn Finnigan, PARTNER on March 23rd, 2020.    

Coronavirus (COVID-19) has dominated world headlines in 2020 and is likely to do so for some time to come. New Zealand is not immune from the effects of the virus and just this week the Government announced a $12.1 billion stimulus package to assist employers and the wider economy in coping with the impact of the virus. COVID-19 brings with it a range of employment law issues that employers should turn their mind to as soon as possible.
Topics: Employment

Jackson Russell COVID-19 update

Written by Jackson Russell on March 23rd, 2020.    

An update on Jackson Russell's COVID-19 response. 
Topics: Coronavirus

Level 13, 41 Shortland Street, Auckland 1010, New Zealand

PO Box 3451, Auckland 1140, New Zealand

+64 9 303 3849

Linkedin Circle-26