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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Unfair Contract Terms and B2B Contracts

Written by Darryl King, PARTNER; David Alizade, PARTNER; Isabel Jenner, SENIOR ASSOCIATE; on April 12th, 2022.    

In case you missed our communications on this to date, the Government has decided that unfair contract terms are – well – unfair and should be banned from many standard contracts. The Fair Trading Act’s “unfair contract terms” regime is being extended to many B2B contracts from 16 August 2022. It is important that you and your team are aware of the new rules and that you update your contracts before 16 August. Here are ten key points you need to be aware of:
 

Commerce Amendment Act - Stronger regulation for largest businesses

Written by Darryl King, PARTNER; David Alizade, PARTNER; Isabel Jenner, SENIOR ASSOCIATE; on April 12th, 2022.    

New Zealand has a small economy that often has markets dominated by a small number of large competitors.  Those businesses will need to consider not only the purpose of their conduct but also the potential effects on the relevant market(s). 
 

Online Advertising - The Do's and Don'ts of Keyword Advertising

Written by David Alizade, PARTNER; Darryl King, PARTNER; Tabitha Lau, ASSOCIATE; on April 11th, 2022.    

Recently, questions about the use of “keyword” advertising by New Zealand businesses have been brought before the High Court.  In this article, we discuss the cases, and the lessons to be learned from them.
 

Modern Slavery and Worker Exploitation – Government seeks feedback on proposed new laws

Written by Darryl King, PARTNER; David Alizade, PARTNER; Isabel Jenner, SENIOR ASSOCIATE; on April 11th, 2022.    

As part of the Government’s action plan against forced labour, people trafficking, and slavery that was launched last year, the Government is seeking feedback on new legislation that aims to address modern slavery and worker exploitation in New Zealand and elsewhere. The new laws will require all businesses to take steps, with larger organisations having more responsibilities.

As all businesses will be affected, we encourage all of our clients to consider the impact of the proposals, and to consider making a submission.

Addressing modern slavery and worker exploitation in New Zealand is both the right thing to do, and overdue. If you are not already taking steps to address modern slavery and worker exploitation in your business and supply chain, then perhaps when you have surfaced from the challenges of confronting the COVID-19 pandemic, you may wish to start addressing these issues within your business and supply chain. 

 
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