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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Changes for incorporated societies under new Act

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.
Topics: Business, Commercial
 

That's it, I quit

Written by Glenn Finnigan PARTNER on August 17th, 2022.    

There has been a long-standing approach based on cases that if an employee resigns in the “heat of the moment”, or as part of an emotional outburst of frustration, then relying on such resignations can be unsafe. Recent cases have shown a change in approach, as employers may not be obligated to provide an employee with the opportunity to retract their resignation.

 

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.
 

Volunteers or Employees? Employment Court Determines Status of Gloriavale Residents

Written by Glenn Finnigan PARTNER on June 1st, 2022.    

A recent Employment Court decision declared former residents of the Gloriavale Community to be employees and not volunteers. The work they performed contained some useful insights into the approach the Courts take when determining the status of workers, and the traps for organisations receiving the benefit of work from people they consider to be volunteers.
Topics: Employment
 

Unfair Contract Terms and Franchisors

Written by Darryl King, PARTNER 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.
 

Unfair Contract Terms and B2B Contracts

Written by Darryl King, PARTNER; David Alizade, PARTNER 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 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 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 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. 

 

New place of origin food labelling requirements now in force

Written by David Alizade, PARTNER; Darryl King, PARTNER 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.
 

Proposed New Zealand Incomes Insurance Scheme to Increase Costs to Small Businesses

Written by Glenn Finnigan PARTNER on February 8th, 2022.    

This week the Government announced details of a proposed new compulsory Income Insurance Scheme, one of its election promises in 2020.
 

Personal liability of builders

Written by Mark Sullivan PARTNER; Sarah McNulty SENIOR LAWYER on November 15th, 2021.    

A builder has a personal duty of care to meet the standards of a “reasonable” builder when engaging in building work. This article touches upon two aspects relevant to this duty:
  • When will a builder be personally liable for defective building work?  In other words, can they ‘hide’ behind their company to escape personal liability?
  • Does a builder have a duty to comply with the building consent or the Building Code?
 

UPDATE- COVID-19 RESPONSE Legislation Bill- Commercial Leases 

Written by David Alizade, PARTNER; Darryl King, PARTNER; Kelly Seabourne, PARTNER on November 3rd, 2021.    

Recently we provided guidance in relation to the COVID-19 Response (Management Measures) Legislation Bill (Bill) which was introduced to Parliament on 28 September 2021.

As a reminder, the Bill seeks to amend a range of different Acts, including the Property Law Act 2007 (PLA). The stated aims of the proposed amendments included in the Bill are to support commercial tenants and landlords to come to agreements to adjust the rent (including outgoings) due under their leases, so that the parties share the financial burden of the COVID-19 response and to provide a way to resolve disputes if no agreement can be reached. The way that this is to be achieved is by the insertion of an additional contractual term, similar to clause 27.5 of the ADLS lease, into leases that do not contain that clause. A copy of our previous guidance on the Bill from September 2021 can be found on our website.
 

Jackson Russell Announces Partnership with Family Business NZ

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.
Topics: Business
 

COVID-19 Commercial Leases

Written by David Alizade PARTNER; Darryl King PARTNER; Kelly Seabourne PARTNER; Stephanie Aquilina-Little SENIOR ASSOCIATE on October 1st, 2021.    

The COVID-19 Response (Management Measures) Legislation Bill (Bill) was introduced to Parliament on 28 September 2021. In this guide we are focusing on the changes to the Property Law Act 2007 (PLA) included in this Bill which impact on the payment of rent during the COVID-19 pandemic. The stated aims of the proposed amendments to the PLA included in the Bill are to:
  •  support commercial tenants and landlords to come to agreements to adjust the rent (including outgoings) due under their leases, so that the parties share the financial burden of the COVID-19 response; and
  •  provide a way to resolve disputes if no agreement can be reached.
 
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