PUBLICATIONS

Publications

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. 

 

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.
 

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

Written by Glenn Finnigan PARTNER; Jeremy Ansell ASSOCIATE 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:

  1. When will a builder be personally liable for defective building work?  In other words, can they ‘hide’ behind their company to escape personal liability?
  2. 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; Isabel Jenner ASSOCIATE; Stephanie Aquilina-Little SENIOR LAWYER; Katie Wright 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.
 

Employers grapple with vaccination issues

Written by Glenn Finnigan PARTNER; Jeremy Ansell ASSOCIATE on September 28th, 2021.    

Now that New Zealand has accelerated its rollout of the Pfizer Covid-19 vaccine, employers are turning their minds to whether they can ask their employees about their vaccination status and potentially, whether they can mandate for compulsory vaccinations within their workforce. This article examines some of these complex issues.

 

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).
 
Topics: Commercial , Privacy
 

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
 

Sick Leave Update

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, ASSOCIATE on August 2nd, 2021.    

As from 24 July 2021 employees’ minimum entitlement to sick leave under the Holidays Act 2003 increases from 5 to 10 days per annum. Employees are entitled to the extra five days at their next entitlement date.
 
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