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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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
 

Lockdown 2.0

Written by Glenn Finnigan PARTNER; Jeremy Ansell ASSOCIATE on August 20th, 2021.    

Lockdowns are a challenging time for both employers and employees. With the news that New Zealand is again at Alert Level 4, the Government has announced the resumption of the wage subsidy scheme, but with some changes from the last version. We examine the August 2021 wage subsidy and what employers will need to be aware of before applying.
 

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.
 

Can employers force their employees to be vaccinated?

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, ASSOCIATE on May 7th, 2021.    

New Zealand employers still continue to face challenging issues related to the COVID-19 pandemic. While the focus for employers in 2020 was coping with lockdowns and changing Alert levels, the vaccination rollout in New Zealand has created a new set of nuanced issues for employers to grapple with.
 

Cartel Criminalisation

Written by David Alizade PARTNER; Darryl King PARTNER; Isabel Jenner ASSOCIATE; Tabitha Lau ASSOCIATE; Katie Wright ASSOCIATE; on April 7th, 2021.    

Following the end of the two-year transition period on 8 April 2021, it is now a criminal offence to intentionally engage in conduct in breach of the cartel laws in the Commerce Act 1986. The consequences for breach are severe - jail time and/or large fines.
 

Privacy Warrant of Fitness for Franchisors

Written by David Alizade PARTNER; Darryl King PARTNER; Katie Wright ASSOCIATE; on November 20th, 2020.    

The Privacy Act 2020 (Act) comes into force on 1 December 2020.  This warrant of fitness is designed to help you assess how well placed your franchise is to comply with the Act, and what changes you and your franchisees might need to make.
 

Privacy Warrant of Fitness

Written by David Alizade PARTNER; Darryl King PARTNER; Katie Wright ASSOCIATE on November 19th, 2020.    

The Privacy Act 2020 (Act) comes into force on 1 December 2020.  This warrant of fitness is designed to help you assess how well placed you are to comply with the Act, and what changes you might need to make.
 

Introduction to Privacy

Written by David Alizade PARTNER; Katie Wright ASSOCIATE on November 17th, 2020.    

The Privacy Act 1993 has governed information privacy in New Zealand for 27 years. On 1 December, it will be replaced with the Privacy Act 2020 (Act).  The Act uses the same principle based approach as its predecessor but includes new obligations for agencies and enforcement powers for the Privacy Commissioner, to provide greater protection for personal information in the digital age. The Act controls how “agencies” collect, use, disclose, store and give access to “personal information”. “Personal information” is information about identifiable, living people.
 
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