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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Penalties in Cartel Cases

Written by Darryl King, PARTNER; David Alizade, PARTNER; Isabel Jenner, SENIOR ASSOCIATE; 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.
 

Unfair Contract Terms and Franchisors

Written by Darryl King, PARTNER; Isabel Jenner, SENIOR ASSOCIATE; Tabitha Lau, ASSOCIATE on May 24th, 2022.    

The Fair Trading Act’s “unfair contract terms” regime is being extended to many B2B contracts from 16 August 2022. It is important that franchisors are aware of the new rules and that they update their franchise documentation and template B2B contracts before 16 August. This article discusses ten key points for franchisors.
 

New place of origin food labelling requirements now in force

Written by David Alizade, PARTNER; Darryl King, PARTNER; Isabel Jenner, SENIOR ASSOCIATE; on March 9th, 2022.    

New country of origin food labelling regulations are now in force (for fresh and thawed food) and come into effect for frozen food in May 2023. If you are a manufacturer, supplier or retailer of the prescribed fresh, frozen or thawed food, you need to comply with the new Consumer Information Standards (Origin of Food) Regulations 2021 (Regulations).

The purpose of the Regulations is to ensure that consumers can clearly understand where the different types of regulated foods originate from.  In this update, we summarise the background to the Regulations, what foods are captured by the Regulations and what information needs to be disclosed.
 

Forgotten or failed to renew your lease?

Written by David Alizade PARTNER; Darryl King PARTNER; Kelly Seabourne PARTNER; Isabel Jenner ASSOCIATE; Stephanie Aquilina-Little SENIOR LAWYER on August 30th, 2021.    

A tenant’s ability to renew its lease for a further term is an important aspect of the bargain a landlord and tenant strike for the lease of a commercial property. However things can go awry when the parties don’t renew their lease at renewal time. The Property Law Act 2007 (PLA) gives a tenant the ability to go to Court for an order renewing its lease if its landlord refuses to renew it. This can be a saviour for a tenant but it means that a landlord needs to tread carefully if it wants to end a lease that has not been renewed.
 

Overseas Investment Amendment Act 2021

Written by David Alizade PARTNER; Darryl King PARTNER; Katie Wright ASSOCIATE; on August 30th, 2021.    

The Overseas Investment Amendment Act 2021 (Amendment Act) was passed on 24 May 2021 and introduces a number of key changes to the Overseas Investment Act 2005 (Act).
 
 

Privacy Breach Reporting

Written by David Alizade PARTNER; Katie Wright ASSOCIATE on August 30th, 2021.    

The Privacy Act 2020 (Act) is now more than six months old. Under the Act, organisations must report serious privacy breaches to the Office of the Privacy Commissioner (OPC) – predictably, this has resulted in a large increase in the number of privacy breaches being reported. 

This update runs through the types of breaches that have been reported so far, and new guidance issued by the OPC in relation to breach reporting.

 

Topics: Commercial , Privacy
 

Rent relief for some smaller tenants affected by COVID-19

Written by Darryl King, PARTNER; David Alizade, PARTNER; Isabel Jenner, ASSOCIATE 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. 
 
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