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Written by David Alizade PARTNER; Darryl King PARTNER; Janice Lamont LAWYER on November 30th, 2023.
Significant penalties are being used by the Courts to ensure businesses both correctly market their goods and services and maintain adequate processes and systems to ensure that promises to customers are carried out.
In this article we discuss recent cases involving breaches of consumer protection laws. These cases include two where record penalties were imposed by the Court. We also discuss some key learnings for businesses to ensure they comply with consumer protection laws.
Written by David Alizade PARTNER; Darryl King PARTNER; Jennifer Paterson SENIOR ASSOCIATE on November 30th, 2023.
After decades of low inflation, New Zealand finds itself in a high inflation world where rapid price rises have become the new normal and many businesses are suffering from margin compression. Many longer-term contracts have been negotiated with little thought about the possibility of high inflation returning. Some will become difficult or unprofitable to perform. By being proactive, businesses can take steps to protect themselves from the negative effects of inflation and margin compression.
Written by David Alizade PARTNER; Darryl King PARTNER; Janice Lamont LAWYER on November 28th, 2023.
A bill expressly allowing company directors to consider environmental, social and governance (ESG) factors has passed into law despite strong opposition during the select committee process.
Written by David Alizade PARTNER on November 28th, 2023.
The Privacy Amendment Bill (Bill) was recently introduced to Parliament at the beginning of September 2023.
The public will have an opportunity to have its say on the Bill by making submissions to the Justice Select Committee in 2024. As proposed, the amendments highlighted in this update will come into force on 1 June 2025. Further information on the Bill can be found in this link.
In this update, we summarise the key amendments proposed under the Bill and what organisations will need to do to comply with the Bill as and when the amendments come into force.
Written by David Alizade PARTNER; Jennifer Paterson SENIOR ASSOCIATE on October 2nd, 2023.
On 7 September 2023, the new Incorporated Societies Regulations 2022 (Regulations) were published.
The Regulations will commence on 5 October 2023, the same day on which the Incorporated Societies Act 2022 (New Act) will take effect in full.
In this update, we summarise the most important provisions of the Regulations and what incorporated societies (societies) need to do to register under the New Act.
Written by David Alizade PARTNER; Darryl King PARTNER; Jennifer Paterson SENIOR ASSOCIATE on July 18th, 2023.
The New Zealand Government is trying to change the way it regulates media and online platforms to create a safer online environment for New Zealanders – but can it work?
The New Zealand Government is seeking feedback on its review of the current regulatory system for media and online platforms. The objective of the review is to enhance protection for New Zealanders by reducing their exposure to harmful content, regardless of delivery method.
Written by Darryl King PARTNER; David Alizade PARTNER; Jennifer Paterson SENIOR ASSOCIATE; on July 12th, 2023.
A massive global audience is predicted for the upcoming FIFA Women’s World Cup in Australia and New Zealand. Official advertisers and sponsors have paid substantial sums for exposure during the event. Other businesses may be thinking of ways to gain from the exposure that the event receives but without paying. New Zealand has laws stopping this “ambush” marketing and anyone not officially associated with the event will need to avoid falling foul of the laws.
Written by David Alizade PARTNER; Darryl King PARTNER; Janice Lamont LAWYER on June 30th, 2023.
A bill which would have expressly allowed company directors to consider environmental, social and governance (ESG) factors has failed to receive select committee endorsement following strong opposition during the select committee process.
Written by David Alizade PARTNER; Xanthe Mowat LAWYER on June 26th, 2023.
A strong, distinctive brand is a valuable asset of your business that will enable you to stand out from your competitors and build loyalty and trust with your customers. It is important to protect that asset and the best way to do this is use trade mark protection for your brand. In this article, we explain what trade marks are and the benefits of using trade mark protection.
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.
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.
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.
Written by David Alizade, PARTNER; Jennifer Paterson, SENIOR ASSOCIATE on August 17th, 2022.
On 5 April 2022, the Incorporated Societies Act 2022 (New Act) was passed into law. Upon its commencement, the New Act will replace the Incorporated Societies Act 1908 (1908 Act) and have a significant effect on existing incorporated societies. In this update, we summarise the most important changes for existing incorporated societies and what needs to be done between now and the end of the “transition period” for the New Act, which ends on 1 December 2025.
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.
Written by Jackson Russell on October 22nd, 2021.
Jackson Russell is delighted to announce a new partnership with Family Business New Zealand (FBNZ), supporting FBNZ and its community as a National Silver Partner.
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