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Alert: Unfair contract terms protection coming to businesses?
The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices.
Guide to Foreign Investment in New Zealand
Overseas investment act & overseas investment regulations
Changes on the Horizon: Employment Relations Amendment Bill
Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.
10 Things to Think About: Consumer Law
Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”. In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.
Recent Promotions Within Jackson Russell
Jackson Russell have announced three promotions within the firm
Do you need OIO consent to buy a home?
The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018. This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).
A Changing Climate - Don't Get Caught Out In The Cold
Allegations surfaced last year concerning the sexual misconduct of Hollywood players such as Harvey Weinstein and Kevin Spacey, which brought forth the #metoo movement. Suddenly bullying, harassment, and unwanted sexual behaviour has been in the spotlight like never before, even if its existence was never justified.
Beware The Risks Of Interpreting Contracts
Do you know the principles the Courts apply when interpreting contracts? These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business. The same principles apply to other contracts but are often misunderstood and lead to conflict.
AML; New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
AML: New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
Does the GDPR apply to your NZ business?
The European Union’s General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR changes the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. This flow chart gives a quick summary on whether the GDPR applies to your business.
Cartels Laws – Do they apply to your business?
This article gives an overview of how cartel laws may apply to your business.
Cartels Basics Breakfast Seminar - 9 May 2018
What all businesses need to know to comply.
Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected
Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.
It's Out - Employment Relations Amendment Bill
The Government has release its plans for reform of the employment laws. A summary of the areas where changes will be happening are attached.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017
Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017. The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes. Darryl King wrote a paper to accompany the workshop. Franchisors are welcome to download a copy of the paper by clicking th..
Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)
The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the Commission's website in ..
The EU General Data Protection Regulation: Why it May Affect You, and What You Need to Do
On 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force.
The GDPR will change the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. In this article, we discuss whether the new regulation could apply to your organisation, and what you need to do to ensure that you comply with a rapidly evolving global ..
Commerce Commission Publishes 2016 / 2017 Consumer Issues Report
The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do
In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.
This article discusses whether your franchise system is affected, summar..
Eleven Acts in One - Overhaul of Contract and Commercial Law
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.
Cartel Amendments to Commerce Act Now in Force
The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law. The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.
11 Acts in One - Overhaul of Contract and Commercial Law, Contract and Commercial Law Act 2017
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act. The CCLA is intended to be clearer and easier to understand – it is not intended to make substantive changes to the law.
Jackson Russell Deepens Business Law Expertise with Appointment of New Partner David Alizade
Jackson Russell has appointed David Alizade as a partner in its Business Law team. David brings extensive New Zealand and international experience to the team across various sectors such as technology, media, telecommunications, retail, manufacturing and life sciences.
Financial Markets Conduct Act 2013, Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the new disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Wholesale Investor Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Persons in Close Relationship Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Small Offers Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Overview of Disclosure Regime and Exclusions
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Set out below ..
Jackson Russell Welcomes New Partner David Compton
Jackson Russell is pleased to announce the appointment of David Compton as partner to the firm. Dave has 17 years’ experience as a commercial lawyer, and has joined the firm as a commercial property specialist.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
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Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
Entering Contracts in the Digital Age
It is common practice now for contracts to be negotiated and entered electronically. This trend will only increase with the move towards paperless environments so it is essential that parties understand the legal requirements for creating legally binding contracts electronically and correctly using digital signatures.
Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ
The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive. The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear ..
Foreign Investments in New Zealand: An Overview of New Zealand's Overseas Investment Regime
New Zealand generally welcomes foreign investment. The regulation of foreign investment in New Zealand is liberal by international standards. New Zealand’s inbound investment rules regulate investments in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota.
This guide provides an overview of New Zealand’s overseas investment regime.
This guide provides an overview of New Zealand’s overseas investment regime.
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission...
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.
'Tis the Season - Tidying Your Affairs
The days are getting longer, the sun is shining brighter and Christmas is coming. But despite the spring air, there’s something keeping you from enjoying things quite as much as you know you should be. If you have something lurking in the corner of your mind, now is the time to resolve it so that you can enjoy the holiday season with a clear desk and clear mind.
Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm
Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team. Israel Vaealiki has joined the firm to lead its trusts and estates team.
Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail
Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector. The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and ..
Franchisor Update - Cartels Bill
Hon. Paul Goldsmith, Minister for Commerce and Consumer Affairs has confirmed that the Cartels Bill will be amended to clarify how the restraint of trade provisions apply to franchise agreements.
Privacy and Cyber Security in New Zealand
Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016. This article looks at the latest public research and what this means for you.
Mistakes in Contracts: How “Final” is a “Full and Final” Settlement Agreement If You Reach Agreement By Mistake
In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement.
Construction Update: Construction Contract Act Amendments Imminent
The Construction Contracts Amendment Act came into force on 1 December 2015. The first round of amendments are already in force and largely do away with the distinction between residential and commercial construction. The next round of changes are due to come into force on 1 September 2016.
Validating an Invalid Will
Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.
The Wills A..
The Wills A..
Paying the Price for Decision over Workplace Tantrum
Until the robots take over, an essential feature of workplaces will be human interaction. When combined with the pressures of modern employment, the broad range of personality types can often lead to conflict which an employer will need to step in and resolve.
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
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Commercial Landlords - Recovery of Rent Arrears
What can I do if my tenants stop paying rent?
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
Advertising Law: How to Deal with Wicked Advertisers
Advertising is big business. While ads can be seen as a frustrating interruption to your favourite TV show, they are often a major source of revenue for advertisers. This article summarises some of the most commonly used methods to ensure businesses don’t fight dirty with their advertising.
Employment Update: Amendments to the Employment Relations Act
The Employment Relations Amendment Act 2016 (the Act) came into force on 1 April 2016, but many employers may have missed its important changes while coming to grips with the implications of the new health and safety regime.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
Commerce Commission takes tougher stance than expected in Telco review
In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector. The full report, available here
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Health and Safety Update: New Regulations Bolster General Duties
Over the past 18 months, we have followed the development of a new health and safety regime for New Zealand. The core duties under that new regime are contained in the Health and Safety at Work Act 2015. While the Act deals in broad duties, detailed requirements for certain key areas and industries are set out in the newly released regulations.
Health and Safety at Work Act: Visual Summary
All workplaces in New Zealand need to comply with the new Health and Safety at Work Act. Existing health and safety systems will need updating across low risk and high risk industries, ranging from small businesses to large corporates. Directors and senior managers have non-delegable duties and personal liability.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements wh
Health and Safety at Work Act: Landlords
The new Health and Safety at Work Act comes into force in April 2016. This legislation will add a number of new features to the health and safety landscape, which landlords will need to consider.
Under the current Health and Safety in Employment Act 1992, commercia..
Commerce Commission Review of Unfair Terms in Consumer Contracts - Telecommunications Sector
Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Cartel Amendments to Commerce Act: Overview for Franchisors
This article provides a brief overview for franchisors on the Commerce (Cartels and Other Matters) Amendment Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
Cartel Amendments to Commerce Act: Overview for Franchisors
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to pr..
Health and Safety at Work Act: Visual Summary
The new Health and Safety At Work Act has been passed by Parliament and will come into effect on 4 April 2016. What does this mean for your business?
Health and Safety Update: Franchisors
We recently published an update on the new Health and Safety at Work Act which comes into force in April 2016. Under the new Act, business owners will have to take a more hands-on approach to health and safety. Franchisors are in the unique position of having two “layers” of health and safety duties to consider.
Health and Safety At Work Act 2015: November 2015 Update
In early 2015 we reviewed the draft bill overhauling New Zealand’s health and safety legislation and provided comments on the draft bill to our clients. The select committee made several notable amendments to that draft bill. The amended bill was recently passed as the Health and Safety at Work Act 2015. The Act comes into force in April 2016. We have set out the key parts of the final version, including our comments about the recent changes, in our upda..
Restraints of Trade in Franchising
Most franchise agreements contain a restraint of trade clause. These are restraints on the franchisee and its owner from competing against the franchise system. Two recent interim injunctions have shown the Court’s ability and willingness to enforce restraints of trade against former franchisees, at least on a temporary basis. In both cases the Courts have acted to protect the franchisor’s goodwill and upheld restraint of trade terms on an interim basis, ..
Franchising in New Zealand: A Legal Perspective
Jackson Russell helps franchisors and franchisees successfully navigate the life cycle of a franchise or licensing business model from inception through to exit. This image shows a legal perspective on some of the regulatory changes and key trends in the franchising sector in New Zealand.
Commerce Commission Publishes 2015 Consumer Issues Report
The Commerce Commission has released its second Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission. The report is based on industry information and recent consumer complaints received by the Commission.
Dismissed Employees May Not be Compensated - Even if Procedural Errors
Until recently, it was generally accepted that if an employee was dismissed and the procedure was flawed, then they would be able to claim for lost wages (as well as compensation for humiliation, loss of dignity and injury to feelings). However, a recent Employment Court case has taken a different approach in a situation where the flawed procedure did not affect the outcome.
Health and Safety Law Reform: March 2015
New Zealand’s Health and Safety legislation is undergoing a major overhaul in response to a renewed
focus on the safety in the workplace. The review was spurred, in part, by the Pike River tragedy and the well-publicised record of the Forestry Industry. The changes will align New Zealand’s approach with Australia’s current law and provide some hefty disincentives to taking a lax approach to Health and Safety.
We have briefly summarised the key changes for you below. So..
Cash Remedies for Hurt Feelings
When an employee is dismissed from (or disadvantaged at) work, there will inevitably be a degree of injury to feelings. When that action is not reasonable or justifiable, the impact can be far greater. The Employment Relations Act provides a remedy for humiliation, loss of dignity and injury to feelings an employee suffers as a result of unjustifiable dismissal and unjustifiable actions by an employer.
Privacy Breach Results in $168,000 Award for Offensive Cake Baker
Ms Hammond was employed by Credit Union Baywide, but had recently resigned to move to another company in the region. A friend of hers had also recently resigned, albeit by way of a mediated settlement. It was clear that Ms Hammond and her friend took a dim view of the circumstances of the friend’s exit. In order to cheer her friend up, Ms Hammond baked a cake which she iced with several abusive words describing Credit Union Baywide.<..
Port Fails to Follow Own Procedure
It is not difficult for employers to make procedural errors when taking disciplinary action against employees. It is a regular complaint, particularly from small employers, that the procedural requirements for even simple disciplinary matters are complex and technical. This can lead to findings of unjustified dismissal, not because an employee hasn’t committed serious misconduct, but because a full and fair procedure was not followed to reach that conclusion.
Building Law Update: Changes to the Building Act 2004
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Building Law Update
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Consumer Law Update: Unfair Contract Terms - November 2014
Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015. If you use standard form consumer contracts, these will apply to you.
Without Prejudice Conversations
More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement.
A key feature in finding such a solution is the ability to speak “without prejudice”.
A key feature in finding such a solution is the ability to speak “without prejudice”.
Lucan Battison Successful over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Lucan Battison Successful Over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Consumer Law Reform
New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
Health and Safety Regime Changes
Following the recent publicity surrounding the Pike River tragedy and the Forestry Industry’s record, the Government has begun to implement its plan for a significant overhaul of the Health and Safety legislation.
In this article, we have highlighted a few of the key changes set out in the bill.
In this article, we have highlighted a few of the key changes set out in the bill.
Unjustified Dismissal of a Contractor Employee Case Study
A former employee of Sealord has been awarded over $80,000.00 in lost wages, compensation for humiliation and interest following his dismissal by Sealord.
The case highlights two important issues at the start and end of an employment relationship.
The case highlights two important issues at the start and end of an employment relationship.
Employment Court Rules on Sick Leave Abuse Case
Have you ever taken a sickie, thinking this is no big deal let alone something that you might get fired for?
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Falsified Work References and Relevance to Remedies in Unjustified Dismissal
The case of an employer ordered to pay more than $10,000 to one of his refrigeration engineers who had falsified his work history, wrecked a customer’s equipment and almost electrocuted one of his fellow workers has attracted recent media attention.
So just how did the employer come to lose the case and be up to pay the employee compensation?
So just how did the employer come to lose the case and be up to pay the employee compensation?
Who's the Boss? - Identifying the Boss is Not Simple
Everybody knows who their boss is right? The reality is that often employees will not bother to look at their employment agreement to see who they are contracting with. This, of course, assumes that the employee is even provided with a written agreement in the first place.
Are Your Neighbours' Trees or Hedges Blocking Your View?
The story usually goes something like this…….
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
2012 Developments Under the Personal Property Securities Act
During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).
This update summarises the more significant decisions.
This update summarises the more significant decisions.
Assessing Your Customers' Credit Risk: New Changes to Credit Reporting Law
Changes to the Credit Reporting Privacy Code from 1 April 2012 mean that better credit information is now available for businesses wanting to assess the credit risk of their customers. New Zealand has moved to a “positive” credit reporting system which will provide a more complete picture of a customer’s credit history and performance.
Notes for Directors - Will I Make a Difference or Lose My Shirt?
The recent recession has brought about a sea change in the way that we look at the role of a company director and directors’ liability. It is no longer seen as a comfortable position of power and control but it attracts the real risk of personal liability for a director. In addition, proposed changes to company law criminalise breaches of certain directors’ duties in an effort to increase accountability and protect investors.
Picking up the Tab - When Do Employers Have to Cover Employees for Losses or Expenses?
The law in New Zealand places a duty on an employer to indemnify their employees for costs/ liabilities which arise during the reasonable performance of their duties.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The Australian PPSA
The Australian Personal Property Securities Act 2009 (the Australian PPSA) is now in force. Like its New Zealand equivalent, the Personal Property Securities Act 1999 (our PPSA), the Australian PPSA and PPS Register profoundly change the way that security is taken over personal property. The change will be significant for New Zealand businesses who supply goods to Australia on credit.
So You Want to Buy a Business?
This paper sets out an overview guide for those looking to acquire a small or medium-sized business by purchasing the assets of the business.
Employment Update: Good Faith After Termination Case Study
The Employment Relations Authority at Auckland has recently released a decision in the case of Manoharan & Anor v The Chief Executive of Waiariki Institute of Technology. The main issue in the case was whether the dismissal of two employees for serious misconduct was unjustified based on a procedural error.
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
90 Day Trial Periods: New Case Enforces Strict Compliance
In the case of Blackmore v Honick Properties Limited the Employment Court has bolstered the “strict interpretation” approach taken to 90 day trial periods. For employers (particularly small businesses) this means that there are several technical requirements which you need to comply with in order for your 90 day trial period to be effective.
Alert: Unfair contract terms protection coming to businesses?
The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices.
Guide to Foreign Investment in New Zealand
Overseas investment act & overseas investment regulations
Changes on the Horizon: Employment Relations Amendment Bill
Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.
10 Things to Think About: Consumer Law
Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”. In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.
Recent Promotions Within Jackson Russell
Jackson Russell have announced three promotions within the firm
Do you need OIO consent to buy a home?
The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018. This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).
A Changing Climate - Don't Get Caught Out In The Cold
Allegations surfaced last year concerning the sexual misconduct of Hollywood players such as Harvey Weinstein and Kevin Spacey, which brought forth the #metoo movement. Suddenly bullying, harassment, and unwanted sexual behaviour has been in the spotlight like never before, even if its existence was never justified.
Beware The Risks Of Interpreting Contracts
Do you know the principles the Courts apply when interpreting contracts? These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business. The same principles apply to other contracts but are often misunderstood and lead to conflict.
AML; New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
AML: New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
Does the GDPR apply to your NZ business?
The European Union’s General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR changes the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. This flow chart gives a quick summary on whether the GDPR applies to your business.
Cartels Laws – Do they apply to your business?
This article gives an overview of how cartel laws may apply to your business.
Cartels Basics Breakfast Seminar - 9 May 2018
What all businesses need to know to comply.
Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected
Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.
It's Out - Employment Relations Amendment Bill
The Government has release its plans for reform of the employment laws. A summary of the areas where changes will be happening are attached.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017
Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017. The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes. Darryl King wrote a paper to accompany the workshop. Franchisors are welcome to download a copy of the paper by clicking th..
Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)
The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the Commission's website in ..
The EU General Data Protection Regulation: Why it May Affect You, and What You Need to Do
On 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force.
The GDPR will change the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. In this article, we discuss whether the new regulation could apply to your organisation, and what you need to do to ensure that you comply with a rapidly evolving global ..
Commerce Commission Publishes 2016 / 2017 Consumer Issues Report
The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do
In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.
This article discusses whether your franchise system is affected, summar..
Eleven Acts in One - Overhaul of Contract and Commercial Law
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.
Cartel Amendments to Commerce Act Now in Force
The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law. The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.
11 Acts in One - Overhaul of Contract and Commercial Law, Contract and Commercial Law Act 2017
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act. The CCLA is intended to be clearer and easier to understand – it is not intended to make substantive changes to the law.
Jackson Russell Deepens Business Law Expertise with Appointment of New Partner David Alizade
Jackson Russell has appointed David Alizade as a partner in its Business Law team. David brings extensive New Zealand and international experience to the team across various sectors such as technology, media, telecommunications, retail, manufacturing and life sciences.
Financial Markets Conduct Act 2013, Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the new disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Wholesale Investor Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Persons in Close Relationship Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Small Offers Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Overview of Disclosure Regime and Exclusions
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Set out below ..
Jackson Russell Welcomes New Partner David Compton
Jackson Russell is pleased to announce the appointment of David Compton as partner to the firm. Dave has 17 years’ experience as a commercial lawyer, and has joined the firm as a commercial property specialist.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
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Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
Entering Contracts in the Digital Age
It is common practice now for contracts to be negotiated and entered electronically. This trend will only increase with the move towards paperless environments so it is essential that parties understand the legal requirements for creating legally binding contracts electronically and correctly using digital signatures.
Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ
The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive. The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear ..
Foreign Investments in New Zealand: An Overview of New Zealand's Overseas Investment Regime
New Zealand generally welcomes foreign investment. The regulation of foreign investment in New Zealand is liberal by international standards. New Zealand’s inbound investment rules regulate investments in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota.
This guide provides an overview of New Zealand’s overseas investment regime.
This guide provides an overview of New Zealand’s overseas investment regime.
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission...
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.
'Tis the Season - Tidying Your Affairs
The days are getting longer, the sun is shining brighter and Christmas is coming. But despite the spring air, there’s something keeping you from enjoying things quite as much as you know you should be. If you have something lurking in the corner of your mind, now is the time to resolve it so that you can enjoy the holiday season with a clear desk and clear mind.
Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm
Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team. Israel Vaealiki has joined the firm to lead its trusts and estates team.
Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail
Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector. The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and ..
Franchisor Update - Cartels Bill
Hon. Paul Goldsmith, Minister for Commerce and Consumer Affairs has confirmed that the Cartels Bill will be amended to clarify how the restraint of trade provisions apply to franchise agreements.
Privacy and Cyber Security in New Zealand
Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016. This article looks at the latest public research and what this means for you.
Mistakes in Contracts: How “Final” is a “Full and Final” Settlement Agreement If You Reach Agreement By Mistake
In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement.
Construction Update: Construction Contract Act Amendments Imminent
The Construction Contracts Amendment Act came into force on 1 December 2015. The first round of amendments are already in force and largely do away with the distinction between residential and commercial construction. The next round of changes are due to come into force on 1 September 2016.
Validating an Invalid Will
Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.
The Wills A..
The Wills A..
Paying the Price for Decision over Workplace Tantrum
Until the robots take over, an essential feature of workplaces will be human interaction. When combined with the pressures of modern employment, the broad range of personality types can often lead to conflict which an employer will need to step in and resolve.
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
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Commercial Landlords - Recovery of Rent Arrears
What can I do if my tenants stop paying rent?
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
Advertising Law: How to Deal with Wicked Advertisers
Advertising is big business. While ads can be seen as a frustrating interruption to your favourite TV show, they are often a major source of revenue for advertisers. This article summarises some of the most commonly used methods to ensure businesses don’t fight dirty with their advertising.
Employment Update: Amendments to the Employment Relations Act
The Employment Relations Amendment Act 2016 (the Act) came into force on 1 April 2016, but many employers may have missed its important changes while coming to grips with the implications of the new health and safety regime.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
Commerce Commission takes tougher stance than expected in Telco review
In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector. The full report, available here
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Health and Safety Update: New Regulations Bolster General Duties
Over the past 18 months, we have followed the development of a new health and safety regime for New Zealand. The core duties under that new regime are contained in the Health and Safety at Work Act 2015. While the Act deals in broad duties, detailed requirements for certain key areas and industries are set out in the newly released regulations.
Health and Safety at Work Act: Visual Summary
All workplaces in New Zealand need to comply with the new Health and Safety at Work Act. Existing health and safety systems will need updating across low risk and high risk industries, ranging from small businesses to large corporates. Directors and senior managers have non-delegable duties and personal liability.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements wh
Health and Safety at Work Act: Landlords
The new Health and Safety at Work Act comes into force in April 2016. This legislation will add a number of new features to the health and safety landscape, which landlords will need to consider.
Under the current Health and Safety in Employment Act 1992, commercia..
Commerce Commission Review of Unfair Terms in Consumer Contracts - Telecommunications Sector
Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Cartel Amendments to Commerce Act: Overview for Franchisors
This article provides a brief overview for franchisors on the Commerce (Cartels and Other Matters) Amendment Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
Cartel Amendments to Commerce Act: Overview for Franchisors
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to pr..
Health and Safety at Work Act: Visual Summary
The new Health and Safety At Work Act has been passed by Parliament and will come into effect on 4 April 2016. What does this mean for your business?
Health and Safety Update: Franchisors
We recently published an update on the new Health and Safety at Work Act which comes into force in April 2016. Under the new Act, business owners will have to take a more hands-on approach to health and safety. Franchisors are in the unique position of having two “layers” of health and safety duties to consider.
Health and Safety At Work Act 2015: November 2015 Update
In early 2015 we reviewed the draft bill overhauling New Zealand’s health and safety legislation and provided comments on the draft bill to our clients. The select committee made several notable amendments to that draft bill. The amended bill was recently passed as the Health and Safety at Work Act 2015. The Act comes into force in April 2016. We have set out the key parts of the final version, including our comments about the recent changes, in our upda..
Restraints of Trade in Franchising
Most franchise agreements contain a restraint of trade clause. These are restraints on the franchisee and its owner from competing against the franchise system. Two recent interim injunctions have shown the Court’s ability and willingness to enforce restraints of trade against former franchisees, at least on a temporary basis. In both cases the Courts have acted to protect the franchisor’s goodwill and upheld restraint of trade terms on an interim basis, ..
Franchising in New Zealand: A Legal Perspective
Jackson Russell helps franchisors and franchisees successfully navigate the life cycle of a franchise or licensing business model from inception through to exit. This image shows a legal perspective on some of the regulatory changes and key trends in the franchising sector in New Zealand.
Commerce Commission Publishes 2015 Consumer Issues Report
The Commerce Commission has released its second Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission. The report is based on industry information and recent consumer complaints received by the Commission.
Dismissed Employees May Not be Compensated - Even if Procedural Errors
Until recently, it was generally accepted that if an employee was dismissed and the procedure was flawed, then they would be able to claim for lost wages (as well as compensation for humiliation, loss of dignity and injury to feelings). However, a recent Employment Court case has taken a different approach in a situation where the flawed procedure did not affect the outcome.
Health and Safety Law Reform: March 2015
New Zealand’s Health and Safety legislation is undergoing a major overhaul in response to a renewed
focus on the safety in the workplace. The review was spurred, in part, by the Pike River tragedy and the well-publicised record of the Forestry Industry. The changes will align New Zealand’s approach with Australia’s current law and provide some hefty disincentives to taking a lax approach to Health and Safety.
We have briefly summarised the key changes for you below. So..
Cash Remedies for Hurt Feelings
When an employee is dismissed from (or disadvantaged at) work, there will inevitably be a degree of injury to feelings. When that action is not reasonable or justifiable, the impact can be far greater. The Employment Relations Act provides a remedy for humiliation, loss of dignity and injury to feelings an employee suffers as a result of unjustifiable dismissal and unjustifiable actions by an employer.
Privacy Breach Results in $168,000 Award for Offensive Cake Baker
Ms Hammond was employed by Credit Union Baywide, but had recently resigned to move to another company in the region. A friend of hers had also recently resigned, albeit by way of a mediated settlement. It was clear that Ms Hammond and her friend took a dim view of the circumstances of the friend’s exit. In order to cheer her friend up, Ms Hammond baked a cake which she iced with several abusive words describing Credit Union Baywide.<..
Port Fails to Follow Own Procedure
It is not difficult for employers to make procedural errors when taking disciplinary action against employees. It is a regular complaint, particularly from small employers, that the procedural requirements for even simple disciplinary matters are complex and technical. This can lead to findings of unjustified dismissal, not because an employee hasn’t committed serious misconduct, but because a full and fair procedure was not followed to reach that conclusion.
Building Law Update: Changes to the Building Act 2004
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Building Law Update
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Consumer Law Update: Unfair Contract Terms - November 2014
Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015. If you use standard form consumer contracts, these will apply to you.
Without Prejudice Conversations
More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement.
A key feature in finding such a solution is the ability to speak “without prejudice”.
A key feature in finding such a solution is the ability to speak “without prejudice”.
Lucan Battison Successful over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Lucan Battison Successful Over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Consumer Law Reform
New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
Health and Safety Regime Changes
Following the recent publicity surrounding the Pike River tragedy and the Forestry Industry’s record, the Government has begun to implement its plan for a significant overhaul of the Health and Safety legislation.
In this article, we have highlighted a few of the key changes set out in the bill.
In this article, we have highlighted a few of the key changes set out in the bill.
Unjustified Dismissal of a Contractor Employee Case Study
A former employee of Sealord has been awarded over $80,000.00 in lost wages, compensation for humiliation and interest following his dismissal by Sealord.
The case highlights two important issues at the start and end of an employment relationship.
The case highlights two important issues at the start and end of an employment relationship.
Employment Court Rules on Sick Leave Abuse Case
Have you ever taken a sickie, thinking this is no big deal let alone something that you might get fired for?
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Falsified Work References and Relevance to Remedies in Unjustified Dismissal
The case of an employer ordered to pay more than $10,000 to one of his refrigeration engineers who had falsified his work history, wrecked a customer’s equipment and almost electrocuted one of his fellow workers has attracted recent media attention.
So just how did the employer come to lose the case and be up to pay the employee compensation?
So just how did the employer come to lose the case and be up to pay the employee compensation?
Who's the Boss? - Identifying the Boss is Not Simple
Everybody knows who their boss is right? The reality is that often employees will not bother to look at their employment agreement to see who they are contracting with. This, of course, assumes that the employee is even provided with a written agreement in the first place.
Are Your Neighbours' Trees or Hedges Blocking Your View?
The story usually goes something like this…….
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
2012 Developments Under the Personal Property Securities Act
During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).
This update summarises the more significant decisions.
This update summarises the more significant decisions.
Assessing Your Customers' Credit Risk: New Changes to Credit Reporting Law
Changes to the Credit Reporting Privacy Code from 1 April 2012 mean that better credit information is now available for businesses wanting to assess the credit risk of their customers. New Zealand has moved to a “positive” credit reporting system which will provide a more complete picture of a customer’s credit history and performance.
Notes for Directors - Will I Make a Difference or Lose My Shirt?
The recent recession has brought about a sea change in the way that we look at the role of a company director and directors’ liability. It is no longer seen as a comfortable position of power and control but it attracts the real risk of personal liability for a director. In addition, proposed changes to company law criminalise breaches of certain directors’ duties in an effort to increase accountability and protect investors.
Picking up the Tab - When Do Employers Have to Cover Employees for Losses or Expenses?
The law in New Zealand places a duty on an employer to indemnify their employees for costs/ liabilities which arise during the reasonable performance of their duties.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The Australian PPSA
The Australian Personal Property Securities Act 2009 (the Australian PPSA) is now in force. Like its New Zealand equivalent, the Personal Property Securities Act 1999 (our PPSA), the Australian PPSA and PPS Register profoundly change the way that security is taken over personal property. The change will be significant for New Zealand businesses who supply goods to Australia on credit.
So You Want to Buy a Business?
This paper sets out an overview guide for those looking to acquire a small or medium-sized business by purchasing the assets of the business.
Employment Update: Good Faith After Termination Case Study
The Employment Relations Authority at Auckland has recently released a decision in the case of Manoharan & Anor v The Chief Executive of Waiariki Institute of Technology. The main issue in the case was whether the dismissal of two employees for serious misconduct was unjustified based on a procedural error.
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
90 Day Trial Periods: New Case Enforces Strict Compliance
In the case of Blackmore v Honick Properties Limited the Employment Court has bolstered the “strict interpretation” approach taken to 90 day trial periods. For employers (particularly small businesses) this means that there are several technical requirements which you need to comply with in order for your 90 day trial period to be effective.
Alert: Unfair contract terms protection coming to businesses?
The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices.
Guide to Foreign Investment in New Zealand
Overseas investment act & overseas investment regulations
Changes on the Horizon: Employment Relations Amendment Bill
Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.
10 Things to Think About: Consumer Law
Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”. In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.
Recent Promotions Within Jackson Russell
Jackson Russell have announced three promotions within the firm
Do you need OIO consent to buy a home?
The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018. This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).
A Changing Climate - Don't Get Caught Out In The Cold
Allegations surfaced last year concerning the sexual misconduct of Hollywood players such as Harvey Weinstein and Kevin Spacey, which brought forth the #metoo movement. Suddenly bullying, harassment, and unwanted sexual behaviour has been in the spotlight like never before, even if its existence was never justified.
Beware The Risks Of Interpreting Contracts
Do you know the principles the Courts apply when interpreting contracts? These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business. The same principles apply to other contracts but are often misunderstood and lead to conflict.
AML; New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
AML: New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
Does the GDPR apply to your NZ business?
The European Union’s General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR changes the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. This flow chart gives a quick summary on whether the GDPR applies to your business.
Cartels Laws – Do they apply to your business?
This article gives an overview of how cartel laws may apply to your business.
Cartels Basics Breakfast Seminar - 9 May 2018
What all businesses need to know to comply.
Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected
Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.
It's Out - Employment Relations Amendment Bill
The Government has release its plans for reform of the employment laws. A summary of the areas where changes will be happening are attached.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017
Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017. The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes. Darryl King wrote a paper to accompany the workshop. Franchisors are welcome to download a copy of the paper by clicking th..
Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)
The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the Commission's website in ..
The EU General Data Protection Regulation: Why it May Affect You, and What You Need to Do
On 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force.
The GDPR will change the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. In this article, we discuss whether the new regulation could apply to your organisation, and what you need to do to ensure that you comply with a rapidly evolving global ..
Commerce Commission Publishes 2016 / 2017 Consumer Issues Report
The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do
In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.
This article discusses whether your franchise system is affected, summar..
Eleven Acts in One - Overhaul of Contract and Commercial Law
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.
Cartel Amendments to Commerce Act Now in Force
The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law. The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.
11 Acts in One - Overhaul of Contract and Commercial Law, Contract and Commercial Law Act 2017
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act. The CCLA is intended to be clearer and easier to understand – it is not intended to make substantive changes to the law.
Jackson Russell Deepens Business Law Expertise with Appointment of New Partner David Alizade
Jackson Russell has appointed David Alizade as a partner in its Business Law team. David brings extensive New Zealand and international experience to the team across various sectors such as technology, media, telecommunications, retail, manufacturing and life sciences.
Financial Markets Conduct Act 2013, Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the new disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Wholesale Investor Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Persons in Close Relationship Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Small Offers Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Overview of Disclosure Regime and Exclusions
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Set out below ..
Jackson Russell Welcomes New Partner David Compton
Jackson Russell is pleased to announce the appointment of David Compton as partner to the firm. Dave has 17 years’ experience as a commercial lawyer, and has joined the firm as a commercial property specialist.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
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Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
Entering Contracts in the Digital Age
It is common practice now for contracts to be negotiated and entered electronically. This trend will only increase with the move towards paperless environments so it is essential that parties understand the legal requirements for creating legally binding contracts electronically and correctly using digital signatures.
Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ
The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive. The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear ..
Foreign Investments in New Zealand: An Overview of New Zealand's Overseas Investment Regime
New Zealand generally welcomes foreign investment. The regulation of foreign investment in New Zealand is liberal by international standards. New Zealand’s inbound investment rules regulate investments in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota.
This guide provides an overview of New Zealand’s overseas investment regime.
This guide provides an overview of New Zealand’s overseas investment regime.
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission...
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.
'Tis the Season - Tidying Your Affairs
The days are getting longer, the sun is shining brighter and Christmas is coming. But despite the spring air, there’s something keeping you from enjoying things quite as much as you know you should be. If you have something lurking in the corner of your mind, now is the time to resolve it so that you can enjoy the holiday season with a clear desk and clear mind.
Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm
Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team. Israel Vaealiki has joined the firm to lead its trusts and estates team.
Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail
Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector. The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and ..
Franchisor Update - Cartels Bill
Hon. Paul Goldsmith, Minister for Commerce and Consumer Affairs has confirmed that the Cartels Bill will be amended to clarify how the restraint of trade provisions apply to franchise agreements.
Privacy and Cyber Security in New Zealand
Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016. This article looks at the latest public research and what this means for you.
Mistakes in Contracts: How “Final” is a “Full and Final” Settlement Agreement If You Reach Agreement By Mistake
In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement.
Construction Update: Construction Contract Act Amendments Imminent
The Construction Contracts Amendment Act came into force on 1 December 2015. The first round of amendments are already in force and largely do away with the distinction between residential and commercial construction. The next round of changes are due to come into force on 1 September 2016.
Validating an Invalid Will
Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.
The Wills A..
The Wills A..
Paying the Price for Decision over Workplace Tantrum
Until the robots take over, an essential feature of workplaces will be human interaction. When combined with the pressures of modern employment, the broad range of personality types can often lead to conflict which an employer will need to step in and resolve.
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
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Commercial Landlords - Recovery of Rent Arrears
What can I do if my tenants stop paying rent?
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
Advertising Law: How to Deal with Wicked Advertisers
Advertising is big business. While ads can be seen as a frustrating interruption to your favourite TV show, they are often a major source of revenue for advertisers. This article summarises some of the most commonly used methods to ensure businesses don’t fight dirty with their advertising.
Employment Update: Amendments to the Employment Relations Act
The Employment Relations Amendment Act 2016 (the Act) came into force on 1 April 2016, but many employers may have missed its important changes while coming to grips with the implications of the new health and safety regime.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
Commerce Commission takes tougher stance than expected in Telco review
In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector. The full report, available here
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Health and Safety Update: New Regulations Bolster General Duties
Over the past 18 months, we have followed the development of a new health and safety regime for New Zealand. The core duties under that new regime are contained in the Health and Safety at Work Act 2015. While the Act deals in broad duties, detailed requirements for certain key areas and industries are set out in the newly released regulations.
Health and Safety at Work Act: Visual Summary
All workplaces in New Zealand need to comply with the new Health and Safety at Work Act. Existing health and safety systems will need updating across low risk and high risk industries, ranging from small businesses to large corporates. Directors and senior managers have non-delegable duties and personal liability.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements wh
Health and Safety at Work Act: Landlords
The new Health and Safety at Work Act comes into force in April 2016. This legislation will add a number of new features to the health and safety landscape, which landlords will need to consider.
Under the current Health and Safety in Employment Act 1992, commercia..
Commerce Commission Review of Unfair Terms in Consumer Contracts - Telecommunications Sector
Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Cartel Amendments to Commerce Act: Overview for Franchisors
This article provides a brief overview for franchisors on the Commerce (Cartels and Other Matters) Amendment Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
Cartel Amendments to Commerce Act: Overview for Franchisors
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to pr..
Health and Safety at Work Act: Visual Summary
The new Health and Safety At Work Act has been passed by Parliament and will come into effect on 4 April 2016. What does this mean for your business?
Health and Safety Update: Franchisors
We recently published an update on the new Health and Safety at Work Act which comes into force in April 2016. Under the new Act, business owners will have to take a more hands-on approach to health and safety. Franchisors are in the unique position of having two “layers” of health and safety duties to consider.
Health and Safety At Work Act 2015: November 2015 Update
In early 2015 we reviewed the draft bill overhauling New Zealand’s health and safety legislation and provided comments on the draft bill to our clients. The select committee made several notable amendments to that draft bill. The amended bill was recently passed as the Health and Safety at Work Act 2015. The Act comes into force in April 2016. We have set out the key parts of the final version, including our comments about the recent changes, in our upda..
Restraints of Trade in Franchising
Most franchise agreements contain a restraint of trade clause. These are restraints on the franchisee and its owner from competing against the franchise system. Two recent interim injunctions have shown the Court’s ability and willingness to enforce restraints of trade against former franchisees, at least on a temporary basis. In both cases the Courts have acted to protect the franchisor’s goodwill and upheld restraint of trade terms on an interim basis, ..
Franchising in New Zealand: A Legal Perspective
Jackson Russell helps franchisors and franchisees successfully navigate the life cycle of a franchise or licensing business model from inception through to exit. This image shows a legal perspective on some of the regulatory changes and key trends in the franchising sector in New Zealand.
Commerce Commission Publishes 2015 Consumer Issues Report
The Commerce Commission has released its second Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission. The report is based on industry information and recent consumer complaints received by the Commission.
Dismissed Employees May Not be Compensated - Even if Procedural Errors
Until recently, it was generally accepted that if an employee was dismissed and the procedure was flawed, then they would be able to claim for lost wages (as well as compensation for humiliation, loss of dignity and injury to feelings). However, a recent Employment Court case has taken a different approach in a situation where the flawed procedure did not affect the outcome.
Health and Safety Law Reform: March 2015
New Zealand’s Health and Safety legislation is undergoing a major overhaul in response to a renewed
focus on the safety in the workplace. The review was spurred, in part, by the Pike River tragedy and the well-publicised record of the Forestry Industry. The changes will align New Zealand’s approach with Australia’s current law and provide some hefty disincentives to taking a lax approach to Health and Safety.
We have briefly summarised the key changes for you below. So..
Cash Remedies for Hurt Feelings
When an employee is dismissed from (or disadvantaged at) work, there will inevitably be a degree of injury to feelings. When that action is not reasonable or justifiable, the impact can be far greater. The Employment Relations Act provides a remedy for humiliation, loss of dignity and injury to feelings an employee suffers as a result of unjustifiable dismissal and unjustifiable actions by an employer.
Privacy Breach Results in $168,000 Award for Offensive Cake Baker
Ms Hammond was employed by Credit Union Baywide, but had recently resigned to move to another company in the region. A friend of hers had also recently resigned, albeit by way of a mediated settlement. It was clear that Ms Hammond and her friend took a dim view of the circumstances of the friend’s exit. In order to cheer her friend up, Ms Hammond baked a cake which she iced with several abusive words describing Credit Union Baywide.<..
Port Fails to Follow Own Procedure
It is not difficult for employers to make procedural errors when taking disciplinary action against employees. It is a regular complaint, particularly from small employers, that the procedural requirements for even simple disciplinary matters are complex and technical. This can lead to findings of unjustified dismissal, not because an employee hasn’t committed serious misconduct, but because a full and fair procedure was not followed to reach that conclusion.
Building Law Update: Changes to the Building Act 2004
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Building Law Update
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Consumer Law Update: Unfair Contract Terms - November 2014
Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015. If you use standard form consumer contracts, these will apply to you.
Without Prejudice Conversations
More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement.
A key feature in finding such a solution is the ability to speak “without prejudice”.
A key feature in finding such a solution is the ability to speak “without prejudice”.
Lucan Battison Successful over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Lucan Battison Successful Over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Consumer Law Reform
New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
Health and Safety Regime Changes
Following the recent publicity surrounding the Pike River tragedy and the Forestry Industry’s record, the Government has begun to implement its plan for a significant overhaul of the Health and Safety legislation.
In this article, we have highlighted a few of the key changes set out in the bill.
In this article, we have highlighted a few of the key changes set out in the bill.
Unjustified Dismissal of a Contractor Employee Case Study
A former employee of Sealord has been awarded over $80,000.00 in lost wages, compensation for humiliation and interest following his dismissal by Sealord.
The case highlights two important issues at the start and end of an employment relationship.
The case highlights two important issues at the start and end of an employment relationship.
Employment Court Rules on Sick Leave Abuse Case
Have you ever taken a sickie, thinking this is no big deal let alone something that you might get fired for?
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Falsified Work References and Relevance to Remedies in Unjustified Dismissal
The case of an employer ordered to pay more than $10,000 to one of his refrigeration engineers who had falsified his work history, wrecked a customer’s equipment and almost electrocuted one of his fellow workers has attracted recent media attention.
So just how did the employer come to lose the case and be up to pay the employee compensation?
So just how did the employer come to lose the case and be up to pay the employee compensation?
Who's the Boss? - Identifying the Boss is Not Simple
Everybody knows who their boss is right? The reality is that often employees will not bother to look at their employment agreement to see who they are contracting with. This, of course, assumes that the employee is even provided with a written agreement in the first place.
Are Your Neighbours' Trees or Hedges Blocking Your View?
The story usually goes something like this…….
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
2012 Developments Under the Personal Property Securities Act
During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).
This update summarises the more significant decisions.
This update summarises the more significant decisions.
Assessing Your Customers' Credit Risk: New Changes to Credit Reporting Law
Changes to the Credit Reporting Privacy Code from 1 April 2012 mean that better credit information is now available for businesses wanting to assess the credit risk of their customers. New Zealand has moved to a “positive” credit reporting system which will provide a more complete picture of a customer’s credit history and performance.
Notes for Directors - Will I Make a Difference or Lose My Shirt?
The recent recession has brought about a sea change in the way that we look at the role of a company director and directors’ liability. It is no longer seen as a comfortable position of power and control but it attracts the real risk of personal liability for a director. In addition, proposed changes to company law criminalise breaches of certain directors’ duties in an effort to increase accountability and protect investors.
Picking up the Tab - When Do Employers Have to Cover Employees for Losses or Expenses?
The law in New Zealand places a duty on an employer to indemnify their employees for costs/ liabilities which arise during the reasonable performance of their duties.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The Australian PPSA
The Australian Personal Property Securities Act 2009 (the Australian PPSA) is now in force. Like its New Zealand equivalent, the Personal Property Securities Act 1999 (our PPSA), the Australian PPSA and PPS Register profoundly change the way that security is taken over personal property. The change will be significant for New Zealand businesses who supply goods to Australia on credit.
So You Want to Buy a Business?
This paper sets out an overview guide for those looking to acquire a small or medium-sized business by purchasing the assets of the business.
Employment Update: Good Faith After Termination Case Study
The Employment Relations Authority at Auckland has recently released a decision in the case of Manoharan & Anor v The Chief Executive of Waiariki Institute of Technology. The main issue in the case was whether the dismissal of two employees for serious misconduct was unjustified based on a procedural error.
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
90 Day Trial Periods: New Case Enforces Strict Compliance
In the case of Blackmore v Honick Properties Limited the Employment Court has bolstered the “strict interpretation” approach taken to 90 day trial periods. For employers (particularly small businesses) this means that there are several technical requirements which you need to comply with in order for your 90 day trial period to be effective.
Alert: Unfair contract terms protection coming to businesses?
The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices.
Guide to Foreign Investment in New Zealand
Overseas investment act & overseas investment regulations
Changes on the Horizon: Employment Relations Amendment Bill
Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.
10 Things to Think About: Consumer Law
Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”. In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.
Recent Promotions Within Jackson Russell
Jackson Russell have announced three promotions within the firm
Do you need OIO consent to buy a home?
The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018. This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).
A Changing Climate - Don't Get Caught Out In The Cold
Allegations surfaced last year concerning the sexual misconduct of Hollywood players such as Harvey Weinstein and Kevin Spacey, which brought forth the #metoo movement. Suddenly bullying, harassment, and unwanted sexual behaviour has been in the spotlight like never before, even if its existence was never justified.
Beware The Risks Of Interpreting Contracts
Do you know the principles the Courts apply when interpreting contracts? These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business. The same principles apply to other contracts but are often misunderstood and lead to conflict.
AML; New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
AML: New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
Does the GDPR apply to your NZ business?
The European Union’s General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR changes the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. This flow chart gives a quick summary on whether the GDPR applies to your business.
Cartels Laws – Do they apply to your business?
This article gives an overview of how cartel laws may apply to your business.
Cartels Basics Breakfast Seminar - 9 May 2018
What all businesses need to know to comply.
Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected
Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.
It's Out - Employment Relations Amendment Bill
The Government has release its plans for reform of the employment laws. A summary of the areas where changes will be happening are attached.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017
Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017. The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes. Darryl King wrote a paper to accompany the workshop. Franchisors are welcome to download a copy of the paper by clicking th..
Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)
The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the Commission's website in ..
The EU General Data Protection Regulation: Why it May Affect You, and What You Need to Do
On 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force.
The GDPR will change the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. In this article, we discuss whether the new regulation could apply to your organisation, and what you need to do to ensure that you comply with a rapidly evolving global ..
Commerce Commission Publishes 2016 / 2017 Consumer Issues Report
The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do
In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.
This article discusses whether your franchise system is affected, summar..
Eleven Acts in One - Overhaul of Contract and Commercial Law
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.
Cartel Amendments to Commerce Act Now in Force
The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law. The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.
11 Acts in One - Overhaul of Contract and Commercial Law, Contract and Commercial Law Act 2017
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act. The CCLA is intended to be clearer and easier to understand – it is not intended to make substantive changes to the law.
Jackson Russell Deepens Business Law Expertise with Appointment of New Partner David Alizade
Jackson Russell has appointed David Alizade as a partner in its Business Law team. David brings extensive New Zealand and international experience to the team across various sectors such as technology, media, telecommunications, retail, manufacturing and life sciences.
Financial Markets Conduct Act 2013, Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the new disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Wholesale Investor Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Persons in Close Relationship Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Small Offers Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Overview of Disclosure Regime and Exclusions
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Set out below ..
Jackson Russell Welcomes New Partner David Compton
Jackson Russell is pleased to announce the appointment of David Compton as partner to the firm. Dave has 17 years’ experience as a commercial lawyer, and has joined the firm as a commercial property specialist.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
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Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
Entering Contracts in the Digital Age
It is common practice now for contracts to be negotiated and entered electronically. This trend will only increase with the move towards paperless environments so it is essential that parties understand the legal requirements for creating legally binding contracts electronically and correctly using digital signatures.
Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ
The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive. The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear ..
Foreign Investments in New Zealand: An Overview of New Zealand's Overseas Investment Regime
New Zealand generally welcomes foreign investment. The regulation of foreign investment in New Zealand is liberal by international standards. New Zealand’s inbound investment rules regulate investments in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota.
This guide provides an overview of New Zealand’s overseas investment regime.
This guide provides an overview of New Zealand’s overseas investment regime.
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission...
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.
'Tis the Season - Tidying Your Affairs
The days are getting longer, the sun is shining brighter and Christmas is coming. But despite the spring air, there’s something keeping you from enjoying things quite as much as you know you should be. If you have something lurking in the corner of your mind, now is the time to resolve it so that you can enjoy the holiday season with a clear desk and clear mind.
Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm
Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team. Israel Vaealiki has joined the firm to lead its trusts and estates team.
Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail
Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector. The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and ..
Franchisor Update - Cartels Bill
Hon. Paul Goldsmith, Minister for Commerce and Consumer Affairs has confirmed that the Cartels Bill will be amended to clarify how the restraint of trade provisions apply to franchise agreements.
Privacy and Cyber Security in New Zealand
Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016. This article looks at the latest public research and what this means for you.
Mistakes in Contracts: How “Final” is a “Full and Final” Settlement Agreement If You Reach Agreement By Mistake
In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement.
Construction Update: Construction Contract Act Amendments Imminent
The Construction Contracts Amendment Act came into force on 1 December 2015. The first round of amendments are already in force and largely do away with the distinction between residential and commercial construction. The next round of changes are due to come into force on 1 September 2016.
Validating an Invalid Will
Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.
The Wills A..
The Wills A..
Paying the Price for Decision over Workplace Tantrum
Until the robots take over, an essential feature of workplaces will be human interaction. When combined with the pressures of modern employment, the broad range of personality types can often lead to conflict which an employer will need to step in and resolve.
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
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Commercial Landlords - Recovery of Rent Arrears
What can I do if my tenants stop paying rent?
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
Advertising Law: How to Deal with Wicked Advertisers
Advertising is big business. While ads can be seen as a frustrating interruption to your favourite TV show, they are often a major source of revenue for advertisers. This article summarises some of the most commonly used methods to ensure businesses don’t fight dirty with their advertising.
Employment Update: Amendments to the Employment Relations Act
The Employment Relations Amendment Act 2016 (the Act) came into force on 1 April 2016, but many employers may have missed its important changes while coming to grips with the implications of the new health and safety regime.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
Commerce Commission takes tougher stance than expected in Telco review
In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector. The full report, available here
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Health and Safety Update: New Regulations Bolster General Duties
Over the past 18 months, we have followed the development of a new health and safety regime for New Zealand. The core duties under that new regime are contained in the Health and Safety at Work Act 2015. While the Act deals in broad duties, detailed requirements for certain key areas and industries are set out in the newly released regulations.
Health and Safety at Work Act: Visual Summary
All workplaces in New Zealand need to comply with the new Health and Safety at Work Act. Existing health and safety systems will need updating across low risk and high risk industries, ranging from small businesses to large corporates. Directors and senior managers have non-delegable duties and personal liability.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements wh
Health and Safety at Work Act: Landlords
The new Health and Safety at Work Act comes into force in April 2016. This legislation will add a number of new features to the health and safety landscape, which landlords will need to consider.
Under the current Health and Safety in Employment Act 1992, commercia..
Commerce Commission Review of Unfair Terms in Consumer Contracts - Telecommunications Sector
Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Cartel Amendments to Commerce Act: Overview for Franchisors
This article provides a brief overview for franchisors on the Commerce (Cartels and Other Matters) Amendment Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
Cartel Amendments to Commerce Act: Overview for Franchisors
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to pr..
Health and Safety at Work Act: Visual Summary
The new Health and Safety At Work Act has been passed by Parliament and will come into effect on 4 April 2016. What does this mean for your business?
Health and Safety Update: Franchisors
We recently published an update on the new Health and Safety at Work Act which comes into force in April 2016. Under the new Act, business owners will have to take a more hands-on approach to health and safety. Franchisors are in the unique position of having two “layers” of health and safety duties to consider.
Health and Safety At Work Act 2015: November 2015 Update
In early 2015 we reviewed the draft bill overhauling New Zealand’s health and safety legislation and provided comments on the draft bill to our clients. The select committee made several notable amendments to that draft bill. The amended bill was recently passed as the Health and Safety at Work Act 2015. The Act comes into force in April 2016. We have set out the key parts of the final version, including our comments about the recent changes, in our upda..
Restraints of Trade in Franchising
Most franchise agreements contain a restraint of trade clause. These are restraints on the franchisee and its owner from competing against the franchise system. Two recent interim injunctions have shown the Court’s ability and willingness to enforce restraints of trade against former franchisees, at least on a temporary basis. In both cases the Courts have acted to protect the franchisor’s goodwill and upheld restraint of trade terms on an interim basis, ..
Franchising in New Zealand: A Legal Perspective
Jackson Russell helps franchisors and franchisees successfully navigate the life cycle of a franchise or licensing business model from inception through to exit. This image shows a legal perspective on some of the regulatory changes and key trends in the franchising sector in New Zealand.
Commerce Commission Publishes 2015 Consumer Issues Report
The Commerce Commission has released its second Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission. The report is based on industry information and recent consumer complaints received by the Commission.
Dismissed Employees May Not be Compensated - Even if Procedural Errors
Until recently, it was generally accepted that if an employee was dismissed and the procedure was flawed, then they would be able to claim for lost wages (as well as compensation for humiliation, loss of dignity and injury to feelings). However, a recent Employment Court case has taken a different approach in a situation where the flawed procedure did not affect the outcome.
Health and Safety Law Reform: March 2015
New Zealand’s Health and Safety legislation is undergoing a major overhaul in response to a renewed
focus on the safety in the workplace. The review was spurred, in part, by the Pike River tragedy and the well-publicised record of the Forestry Industry. The changes will align New Zealand’s approach with Australia’s current law and provide some hefty disincentives to taking a lax approach to Health and Safety.
We have briefly summarised the key changes for you below. So..
Cash Remedies for Hurt Feelings
When an employee is dismissed from (or disadvantaged at) work, there will inevitably be a degree of injury to feelings. When that action is not reasonable or justifiable, the impact can be far greater. The Employment Relations Act provides a remedy for humiliation, loss of dignity and injury to feelings an employee suffers as a result of unjustifiable dismissal and unjustifiable actions by an employer.
Privacy Breach Results in $168,000 Award for Offensive Cake Baker
Ms Hammond was employed by Credit Union Baywide, but had recently resigned to move to another company in the region. A friend of hers had also recently resigned, albeit by way of a mediated settlement. It was clear that Ms Hammond and her friend took a dim view of the circumstances of the friend’s exit. In order to cheer her friend up, Ms Hammond baked a cake which she iced with several abusive words describing Credit Union Baywide.<..
Port Fails to Follow Own Procedure
It is not difficult for employers to make procedural errors when taking disciplinary action against employees. It is a regular complaint, particularly from small employers, that the procedural requirements for even simple disciplinary matters are complex and technical. This can lead to findings of unjustified dismissal, not because an employee hasn’t committed serious misconduct, but because a full and fair procedure was not followed to reach that conclusion.
Building Law Update: Changes to the Building Act 2004
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Building Law Update
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Consumer Law Update: Unfair Contract Terms - November 2014
Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015. If you use standard form consumer contracts, these will apply to you.
Without Prejudice Conversations
More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement.
A key feature in finding such a solution is the ability to speak “without prejudice”.
A key feature in finding such a solution is the ability to speak “without prejudice”.
Lucan Battison Successful over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Lucan Battison Successful Over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Consumer Law Reform
New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
Health and Safety Regime Changes
Following the recent publicity surrounding the Pike River tragedy and the Forestry Industry’s record, the Government has begun to implement its plan for a significant overhaul of the Health and Safety legislation.
In this article, we have highlighted a few of the key changes set out in the bill.
In this article, we have highlighted a few of the key changes set out in the bill.
Unjustified Dismissal of a Contractor Employee Case Study
A former employee of Sealord has been awarded over $80,000.00 in lost wages, compensation for humiliation and interest following his dismissal by Sealord.
The case highlights two important issues at the start and end of an employment relationship.
The case highlights two important issues at the start and end of an employment relationship.
Employment Court Rules on Sick Leave Abuse Case
Have you ever taken a sickie, thinking this is no big deal let alone something that you might get fired for?
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Falsified Work References and Relevance to Remedies in Unjustified Dismissal
The case of an employer ordered to pay more than $10,000 to one of his refrigeration engineers who had falsified his work history, wrecked a customer’s equipment and almost electrocuted one of his fellow workers has attracted recent media attention.
So just how did the employer come to lose the case and be up to pay the employee compensation?
So just how did the employer come to lose the case and be up to pay the employee compensation?
Who's the Boss? - Identifying the Boss is Not Simple
Everybody knows who their boss is right? The reality is that often employees will not bother to look at their employment agreement to see who they are contracting with. This, of course, assumes that the employee is even provided with a written agreement in the first place.
Are Your Neighbours' Trees or Hedges Blocking Your View?
The story usually goes something like this…….
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
2012 Developments Under the Personal Property Securities Act
During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).
This update summarises the more significant decisions.
This update summarises the more significant decisions.
Assessing Your Customers' Credit Risk: New Changes to Credit Reporting Law
Changes to the Credit Reporting Privacy Code from 1 April 2012 mean that better credit information is now available for businesses wanting to assess the credit risk of their customers. New Zealand has moved to a “positive” credit reporting system which will provide a more complete picture of a customer’s credit history and performance.
Notes for Directors - Will I Make a Difference or Lose My Shirt?
The recent recession has brought about a sea change in the way that we look at the role of a company director and directors’ liability. It is no longer seen as a comfortable position of power and control but it attracts the real risk of personal liability for a director. In addition, proposed changes to company law criminalise breaches of certain directors’ duties in an effort to increase accountability and protect investors.
Picking up the Tab - When Do Employers Have to Cover Employees for Losses or Expenses?
The law in New Zealand places a duty on an employer to indemnify their employees for costs/ liabilities which arise during the reasonable performance of their duties.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The Australian PPSA
The Australian Personal Property Securities Act 2009 (the Australian PPSA) is now in force. Like its New Zealand equivalent, the Personal Property Securities Act 1999 (our PPSA), the Australian PPSA and PPS Register profoundly change the way that security is taken over personal property. The change will be significant for New Zealand businesses who supply goods to Australia on credit.
So You Want to Buy a Business?
This paper sets out an overview guide for those looking to acquire a small or medium-sized business by purchasing the assets of the business.
Employment Update: Good Faith After Termination Case Study
The Employment Relations Authority at Auckland has recently released a decision in the case of Manoharan & Anor v The Chief Executive of Waiariki Institute of Technology. The main issue in the case was whether the dismissal of two employees for serious misconduct was unjustified based on a procedural error.
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
90 Day Trial Periods: New Case Enforces Strict Compliance
In the case of Blackmore v Honick Properties Limited the Employment Court has bolstered the “strict interpretation” approach taken to 90 day trial periods. For employers (particularly small businesses) this means that there are several technical requirements which you need to comply with in order for your 90 day trial period to be effective.
Alert: Unfair contract terms protection coming to businesses?
The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices.
Guide to Foreign Investment in New Zealand
Overseas investment act & overseas investment regulations
Changes on the Horizon: Employment Relations Amendment Bill
Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.
10 Things to Think About: Consumer Law
Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”. In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.
Recent Promotions Within Jackson Russell
Jackson Russell have announced three promotions within the firm
Do you need OIO consent to buy a home?
The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018. This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).
A Changing Climate - Don't Get Caught Out In The Cold
Allegations surfaced last year concerning the sexual misconduct of Hollywood players such as Harvey Weinstein and Kevin Spacey, which brought forth the #metoo movement. Suddenly bullying, harassment, and unwanted sexual behaviour has been in the spotlight like never before, even if its existence was never justified.
Beware The Risks Of Interpreting Contracts
Do you know the principles the Courts apply when interpreting contracts? These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business. The same principles apply to other contracts but are often misunderstood and lead to conflict.
AML; New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
AML: New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
Does the GDPR apply to your NZ business?
The European Union’s General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR changes the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. This flow chart gives a quick summary on whether the GDPR applies to your business.
Cartels Laws – Do they apply to your business?
This article gives an overview of how cartel laws may apply to your business.
Cartels Basics Breakfast Seminar - 9 May 2018
What all businesses need to know to comply.
Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected
Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.
It's Out - Employment Relations Amendment Bill
The Government has release its plans for reform of the employment laws. A summary of the areas where changes will be happening are attached.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017
Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017. The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes. Darryl King wrote a paper to accompany the workshop. Franchisors are welcome to download a copy of the paper by clicking th..
Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)
The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the Commission's website in ..
The EU General Data Protection Regulation: Why it May Affect You, and What You Need to Do
On 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force.
The GDPR will change the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. In this article, we discuss whether the new regulation could apply to your organisation, and what you need to do to ensure that you comply with a rapidly evolving global ..
Commerce Commission Publishes 2016 / 2017 Consumer Issues Report
The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do
In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.
This article discusses whether your franchise system is affected, summar..
Eleven Acts in One - Overhaul of Contract and Commercial Law
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.
Cartel Amendments to Commerce Act Now in Force
The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law. The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.
11 Acts in One - Overhaul of Contract and Commercial Law, Contract and Commercial Law Act 2017
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act. The CCLA is intended to be clearer and easier to understand – it is not intended to make substantive changes to the law.
Jackson Russell Deepens Business Law Expertise with Appointment of New Partner David Alizade
Jackson Russell has appointed David Alizade as a partner in its Business Law team. David brings extensive New Zealand and international experience to the team across various sectors such as technology, media, telecommunications, retail, manufacturing and life sciences.
Financial Markets Conduct Act 2013, Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the new disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Wholesale Investor Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Persons in Close Relationship Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Small Offers Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Overview of Disclosure Regime and Exclusions
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Set out below ..
Jackson Russell Welcomes New Partner David Compton
Jackson Russell is pleased to announce the appointment of David Compton as partner to the firm. Dave has 17 years’ experience as a commercial lawyer, and has joined the firm as a commercial property specialist.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
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Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
Entering Contracts in the Digital Age
It is common practice now for contracts to be negotiated and entered electronically. This trend will only increase with the move towards paperless environments so it is essential that parties understand the legal requirements for creating legally binding contracts electronically and correctly using digital signatures.
Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ
The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive. The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear ..
Foreign Investments in New Zealand: An Overview of New Zealand's Overseas Investment Regime
New Zealand generally welcomes foreign investment. The regulation of foreign investment in New Zealand is liberal by international standards. New Zealand’s inbound investment rules regulate investments in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota.
This guide provides an overview of New Zealand’s overseas investment regime.
This guide provides an overview of New Zealand’s overseas investment regime.
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission...
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.
'Tis the Season - Tidying Your Affairs
The days are getting longer, the sun is shining brighter and Christmas is coming. But despite the spring air, there’s something keeping you from enjoying things quite as much as you know you should be. If you have something lurking in the corner of your mind, now is the time to resolve it so that you can enjoy the holiday season with a clear desk and clear mind.
Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm
Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team. Israel Vaealiki has joined the firm to lead its trusts and estates team.
Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail
Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector. The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and ..
Franchisor Update - Cartels Bill
Hon. Paul Goldsmith, Minister for Commerce and Consumer Affairs has confirmed that the Cartels Bill will be amended to clarify how the restraint of trade provisions apply to franchise agreements.
Privacy and Cyber Security in New Zealand
Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016. This article looks at the latest public research and what this means for you.
Mistakes in Contracts: How “Final” is a “Full and Final” Settlement Agreement If You Reach Agreement By Mistake
In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement.
Construction Update: Construction Contract Act Amendments Imminent
The Construction Contracts Amendment Act came into force on 1 December 2015. The first round of amendments are already in force and largely do away with the distinction between residential and commercial construction. The next round of changes are due to come into force on 1 September 2016.
Validating an Invalid Will
Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.
The Wills A..
The Wills A..
Paying the Price for Decision over Workplace Tantrum
Until the robots take over, an essential feature of workplaces will be human interaction. When combined with the pressures of modern employment, the broad range of personality types can often lead to conflict which an employer will need to step in and resolve.
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
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Commercial Landlords - Recovery of Rent Arrears
What can I do if my tenants stop paying rent?
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
Advertising Law: How to Deal with Wicked Advertisers
Advertising is big business. While ads can be seen as a frustrating interruption to your favourite TV show, they are often a major source of revenue for advertisers. This article summarises some of the most commonly used methods to ensure businesses don’t fight dirty with their advertising.
Employment Update: Amendments to the Employment Relations Act
The Employment Relations Amendment Act 2016 (the Act) came into force on 1 April 2016, but many employers may have missed its important changes while coming to grips with the implications of the new health and safety regime.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
Commerce Commission takes tougher stance than expected in Telco review
In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector. The full report, available here
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Health and Safety Update: New Regulations Bolster General Duties
Over the past 18 months, we have followed the development of a new health and safety regime for New Zealand. The core duties under that new regime are contained in the Health and Safety at Work Act 2015. While the Act deals in broad duties, detailed requirements for certain key areas and industries are set out in the newly released regulations.
Health and Safety at Work Act: Visual Summary
All workplaces in New Zealand need to comply with the new Health and Safety at Work Act. Existing health and safety systems will need updating across low risk and high risk industries, ranging from small businesses to large corporates. Directors and senior managers have non-delegable duties and personal liability.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements wh
Health and Safety at Work Act: Landlords
The new Health and Safety at Work Act comes into force in April 2016. This legislation will add a number of new features to the health and safety landscape, which landlords will need to consider.
Under the current Health and Safety in Employment Act 1992, commercia..
Commerce Commission Review of Unfair Terms in Consumer Contracts - Telecommunications Sector
Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Cartel Amendments to Commerce Act: Overview for Franchisors
This article provides a brief overview for franchisors on the Commerce (Cartels and Other Matters) Amendment Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
Cartel Amendments to Commerce Act: Overview for Franchisors
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to pr..
Health and Safety at Work Act: Visual Summary
The new Health and Safety At Work Act has been passed by Parliament and will come into effect on 4 April 2016. What does this mean for your business?
Health and Safety Update: Franchisors
We recently published an update on the new Health and Safety at Work Act which comes into force in April 2016. Under the new Act, business owners will have to take a more hands-on approach to health and safety. Franchisors are in the unique position of having two “layers” of health and safety duties to consider.
Health and Safety At Work Act 2015: November 2015 Update
In early 2015 we reviewed the draft bill overhauling New Zealand’s health and safety legislation and provided comments on the draft bill to our clients. The select committee made several notable amendments to that draft bill. The amended bill was recently passed as the Health and Safety at Work Act 2015. The Act comes into force in April 2016. We have set out the key parts of the final version, including our comments about the recent changes, in our upda..
Restraints of Trade in Franchising
Most franchise agreements contain a restraint of trade clause. These are restraints on the franchisee and its owner from competing against the franchise system. Two recent interim injunctions have shown the Court’s ability and willingness to enforce restraints of trade against former franchisees, at least on a temporary basis. In both cases the Courts have acted to protect the franchisor’s goodwill and upheld restraint of trade terms on an interim basis, ..
Franchising in New Zealand: A Legal Perspective
Jackson Russell helps franchisors and franchisees successfully navigate the life cycle of a franchise or licensing business model from inception through to exit. This image shows a legal perspective on some of the regulatory changes and key trends in the franchising sector in New Zealand.
Commerce Commission Publishes 2015 Consumer Issues Report
The Commerce Commission has released its second Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission. The report is based on industry information and recent consumer complaints received by the Commission.
Dismissed Employees May Not be Compensated - Even if Procedural Errors
Until recently, it was generally accepted that if an employee was dismissed and the procedure was flawed, then they would be able to claim for lost wages (as well as compensation for humiliation, loss of dignity and injury to feelings). However, a recent Employment Court case has taken a different approach in a situation where the flawed procedure did not affect the outcome.
Health and Safety Law Reform: March 2015
New Zealand’s Health and Safety legislation is undergoing a major overhaul in response to a renewed
focus on the safety in the workplace. The review was spurred, in part, by the Pike River tragedy and the well-publicised record of the Forestry Industry. The changes will align New Zealand’s approach with Australia’s current law and provide some hefty disincentives to taking a lax approach to Health and Safety.
We have briefly summarised the key changes for you below. So..
Cash Remedies for Hurt Feelings
When an employee is dismissed from (or disadvantaged at) work, there will inevitably be a degree of injury to feelings. When that action is not reasonable or justifiable, the impact can be far greater. The Employment Relations Act provides a remedy for humiliation, loss of dignity and injury to feelings an employee suffers as a result of unjustifiable dismissal and unjustifiable actions by an employer.
Privacy Breach Results in $168,000 Award for Offensive Cake Baker
Ms Hammond was employed by Credit Union Baywide, but had recently resigned to move to another company in the region. A friend of hers had also recently resigned, albeit by way of a mediated settlement. It was clear that Ms Hammond and her friend took a dim view of the circumstances of the friend’s exit. In order to cheer her friend up, Ms Hammond baked a cake which she iced with several abusive words describing Credit Union Baywide.<..
Port Fails to Follow Own Procedure
It is not difficult for employers to make procedural errors when taking disciplinary action against employees. It is a regular complaint, particularly from small employers, that the procedural requirements for even simple disciplinary matters are complex and technical. This can lead to findings of unjustified dismissal, not because an employee hasn’t committed serious misconduct, but because a full and fair procedure was not followed to reach that conclusion.
Building Law Update: Changes to the Building Act 2004
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Building Law Update
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Consumer Law Update: Unfair Contract Terms - November 2014
Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015. If you use standard form consumer contracts, these will apply to you.
Without Prejudice Conversations
More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement.
A key feature in finding such a solution is the ability to speak “without prejudice”.
A key feature in finding such a solution is the ability to speak “without prejudice”.
Lucan Battison Successful over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Lucan Battison Successful Over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Consumer Law Reform
New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
Health and Safety Regime Changes
Following the recent publicity surrounding the Pike River tragedy and the Forestry Industry’s record, the Government has begun to implement its plan for a significant overhaul of the Health and Safety legislation.
In this article, we have highlighted a few of the key changes set out in the bill.
In this article, we have highlighted a few of the key changes set out in the bill.
Unjustified Dismissal of a Contractor Employee Case Study
A former employee of Sealord has been awarded over $80,000.00 in lost wages, compensation for humiliation and interest following his dismissal by Sealord.
The case highlights two important issues at the start and end of an employment relationship.
The case highlights two important issues at the start and end of an employment relationship.
Employment Court Rules on Sick Leave Abuse Case
Have you ever taken a sickie, thinking this is no big deal let alone something that you might get fired for?
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Falsified Work References and Relevance to Remedies in Unjustified Dismissal
The case of an employer ordered to pay more than $10,000 to one of his refrigeration engineers who had falsified his work history, wrecked a customer’s equipment and almost electrocuted one of his fellow workers has attracted recent media attention.
So just how did the employer come to lose the case and be up to pay the employee compensation?
So just how did the employer come to lose the case and be up to pay the employee compensation?
Who's the Boss? - Identifying the Boss is Not Simple
Everybody knows who their boss is right? The reality is that often employees will not bother to look at their employment agreement to see who they are contracting with. This, of course, assumes that the employee is even provided with a written agreement in the first place.
Are Your Neighbours' Trees or Hedges Blocking Your View?
The story usually goes something like this…….
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
2012 Developments Under the Personal Property Securities Act
During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).
This update summarises the more significant decisions.
This update summarises the more significant decisions.
Assessing Your Customers' Credit Risk: New Changes to Credit Reporting Law
Changes to the Credit Reporting Privacy Code from 1 April 2012 mean that better credit information is now available for businesses wanting to assess the credit risk of their customers. New Zealand has moved to a “positive” credit reporting system which will provide a more complete picture of a customer’s credit history and performance.
Notes for Directors - Will I Make a Difference or Lose My Shirt?
The recent recession has brought about a sea change in the way that we look at the role of a company director and directors’ liability. It is no longer seen as a comfortable position of power and control but it attracts the real risk of personal liability for a director. In addition, proposed changes to company law criminalise breaches of certain directors’ duties in an effort to increase accountability and protect investors.
Picking up the Tab - When Do Employers Have to Cover Employees for Losses or Expenses?
The law in New Zealand places a duty on an employer to indemnify their employees for costs/ liabilities which arise during the reasonable performance of their duties.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The Australian PPSA
The Australian Personal Property Securities Act 2009 (the Australian PPSA) is now in force. Like its New Zealand equivalent, the Personal Property Securities Act 1999 (our PPSA), the Australian PPSA and PPS Register profoundly change the way that security is taken over personal property. The change will be significant for New Zealand businesses who supply goods to Australia on credit.
So You Want to Buy a Business?
This paper sets out an overview guide for those looking to acquire a small or medium-sized business by purchasing the assets of the business.
Employment Update: Good Faith After Termination Case Study
The Employment Relations Authority at Auckland has recently released a decision in the case of Manoharan & Anor v The Chief Executive of Waiariki Institute of Technology. The main issue in the case was whether the dismissal of two employees for serious misconduct was unjustified based on a procedural error.
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
90 Day Trial Periods: New Case Enforces Strict Compliance
In the case of Blackmore v Honick Properties Limited the Employment Court has bolstered the “strict interpretation” approach taken to 90 day trial periods. For employers (particularly small businesses) this means that there are several technical requirements which you need to comply with in order for your 90 day trial period to be effective.
Alert: Unfair contract terms protection coming to businesses?
The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices.
Guide to Foreign Investment in New Zealand
Overseas investment act & overseas investment regulations
Changes on the Horizon: Employment Relations Amendment Bill
Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.
10 Things to Think About: Consumer Law
Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”. In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.
Recent Promotions Within Jackson Russell
Jackson Russell have announced three promotions within the firm
Do you need OIO consent to buy a home?
The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018. This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).
A Changing Climate - Don't Get Caught Out In The Cold
Allegations surfaced last year concerning the sexual misconduct of Hollywood players such as Harvey Weinstein and Kevin Spacey, which brought forth the #metoo movement. Suddenly bullying, harassment, and unwanted sexual behaviour has been in the spotlight like never before, even if its existence was never justified.
Beware The Risks Of Interpreting Contracts
Do you know the principles the Courts apply when interpreting contracts? These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business. The same principles apply to other contracts but are often misunderstood and lead to conflict.
AML; New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
AML: New Client Information Requirements for Law Firms
As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.
Does the GDPR apply to your NZ business?
The European Union’s General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR changes the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. This flow chart gives a quick summary on whether the GDPR applies to your business.
Cartels Laws – Do they apply to your business?
This article gives an overview of how cartel laws may apply to your business.
Cartels Basics Breakfast Seminar - 9 May 2018
What all businesses need to know to comply.
Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected
Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.
It's Out - Employment Relations Amendment Bill
The Government has release its plans for reform of the employment laws. A summary of the areas where changes will be happening are attached.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017
Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017. The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes. Darryl King wrote a paper to accompany the workshop. Franchisors are welcome to download a copy of the paper by clicking th..
Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)
The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the Commission's website in ..
The EU General Data Protection Regulation: Why it May Affect You, and What You Need to Do
On 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force.
The GDPR will change the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR. In this article, we discuss whether the new regulation could apply to your organisation, and what you need to do to ensure that you comply with a rapidly evolving global ..
Commerce Commission Publishes 2016 / 2017 Consumer Issues Report
The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand.
Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do
In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.
This article discusses whether your franchise system is affected, summar..
Eleven Acts in One - Overhaul of Contract and Commercial Law
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.
Cartel Amendments to Commerce Act Now in Force
The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law. The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.
11 Acts in One - Overhaul of Contract and Commercial Law, Contract and Commercial Law Act 2017
The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017. The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act. The CCLA is intended to be clearer and easier to understand – it is not intended to make substantive changes to the law.
Jackson Russell Deepens Business Law Expertise with Appointment of New Partner David Alizade
Jackson Russell has appointed David Alizade as a partner in its Business Law team. David brings extensive New Zealand and international experience to the team across various sectors such as technology, media, telecommunications, retail, manufacturing and life sciences.
Financial Markets Conduct Act 2013, Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Employee Share Option Scheme Exclusion
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the new disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Wholesale Investor Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Persons in Close Relationship Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Small Offers Exclusion under the Disclosure Regime
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Financial Markets Conduct Act 2013: Overview of Disclosure Regime and Exclusions
The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Set out below ..
Jackson Russell Welcomes New Partner David Compton
Jackson Russell is pleased to announce the appointment of David Compton as partner to the firm. Dave has 17 years’ experience as a commercial lawyer, and has joined the firm as a commercial property specialist.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
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Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
New Foreign Trust Disclosure Rules Passed by New Zealand Parliament
Introduction
The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.
Entering Contracts in the Digital Age
It is common practice now for contracts to be negotiated and entered electronically. This trend will only increase with the move towards paperless environments so it is essential that parties understand the legal requirements for creating legally binding contracts electronically and correctly using digital signatures.
Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ
The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive. The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear ..
Foreign Investments in New Zealand: An Overview of New Zealand's Overseas Investment Regime
New Zealand generally welcomes foreign investment. The regulation of foreign investment in New Zealand is liberal by international standards. New Zealand’s inbound investment rules regulate investments in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota.
This guide provides an overview of New Zealand’s overseas investment regime.
This guide provides an overview of New Zealand’s overseas investment regime.
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission...
Commerce Commission Publishes 2016 Consumer Issues Report
The Commerce Commission has released its 2016 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.
'Tis the Season - Tidying Your Affairs
The days are getting longer, the sun is shining brighter and Christmas is coming. But despite the spring air, there’s something keeping you from enjoying things quite as much as you know you should be. If you have something lurking in the corner of your mind, now is the time to resolve it so that you can enjoy the holiday season with a clear desk and clear mind.
Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm
Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team. Israel Vaealiki has joined the firm to lead its trusts and estates team.
Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail
Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector. The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and ..
Franchisor Update - Cartels Bill
Hon. Paul Goldsmith, Minister for Commerce and Consumer Affairs has confirmed that the Cartels Bill will be amended to clarify how the restraint of trade provisions apply to franchise agreements.
Privacy and Cyber Security in New Zealand
Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016. This article looks at the latest public research and what this means for you.
Mistakes in Contracts: How “Final” is a “Full and Final” Settlement Agreement If You Reach Agreement By Mistake
In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement.
Construction Update: Construction Contract Act Amendments Imminent
The Construction Contracts Amendment Act came into force on 1 December 2015. The first round of amendments are already in force and largely do away with the distinction between residential and commercial construction. The next round of changes are due to come into force on 1 September 2016.
Validating an Invalid Will
Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.
The Wills A..
The Wills A..
Paying the Price for Decision over Workplace Tantrum
Until the robots take over, an essential feature of workplaces will be human interaction. When combined with the pressures of modern employment, the broad range of personality types can often lead to conflict which an employer will need to step in and resolve.
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of Text
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Commercial Landlords - Recovery of Rent Arrears
What can I do if my tenants stop paying rent?
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
Advertising Law: How to Deal with Wicked Advertisers
Advertising is big business. While ads can be seen as a frustrating interruption to your favourite TV show, they are often a major source of revenue for advertisers. This article summarises some of the most commonly used methods to ensure businesses don’t fight dirty with their advertising.
Employment Update: Amendments to the Employment Relations Act
The Employment Relations Amendment Act 2016 (the Act) came into force on 1 April 2016, but many employers may have missed its important changes while coming to grips with the implications of the new health and safety regime.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
Commerce Commission takes tougher stance than expected in Telco review
In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector. The full report, available here
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Health and Safety Update: New Regulations Bolster General Duties
Over the past 18 months, we have followed the development of a new health and safety regime for New Zealand. The core duties under that new regime are contained in the Health and Safety at Work Act 2015. While the Act deals in broad duties, detailed requirements for certain key areas and industries are set out in the newly released regulations.
Health and Safety at Work Act: Visual Summary
All workplaces in New Zealand need to comply with the new Health and Safety at Work Act. Existing health and safety systems will need updating across low risk and high risk industries, ranging from small businesses to large corporates. Directors and senior managers have non-delegable duties and personal liability.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements wh
Health and Safety at Work Act: Landlords
The new Health and Safety at Work Act comes into force in April 2016. This legislation will add a number of new features to the health and safety landscape, which landlords will need to consider.
Under the current Health and Safety in Employment Act 1992, commercia..
Commerce Commission Review of Unfair Terms in Consumer Contracts - Telecommunications Sector
Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Cartel Amendments to Commerce Act: Overview for Franchisors
This article provides a brief overview for franchisors on the Commerce (Cartels and Other Matters) Amendment Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
Cartel Amendments to Commerce Act: Overview for Franchisors
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to pr..
Health and Safety at Work Act: Visual Summary
The new Health and Safety At Work Act has been passed by Parliament and will come into effect on 4 April 2016. What does this mean for your business?
Health and Safety Update: Franchisors
We recently published an update on the new Health and Safety at Work Act which comes into force in April 2016. Under the new Act, business owners will have to take a more hands-on approach to health and safety. Franchisors are in the unique position of having two “layers” of health and safety duties to consider.
Health and Safety At Work Act 2015: November 2015 Update
In early 2015 we reviewed the draft bill overhauling New Zealand’s health and safety legislation and provided comments on the draft bill to our clients. The select committee made several notable amendments to that draft bill. The amended bill was recently passed as the Health and Safety at Work Act 2015. The Act comes into force in April 2016. We have set out the key parts of the final version, including our comments about the recent changes, in our upda..
Restraints of Trade in Franchising
Most franchise agreements contain a restraint of trade clause. These are restraints on the franchisee and its owner from competing against the franchise system. Two recent interim injunctions have shown the Court’s ability and willingness to enforce restraints of trade against former franchisees, at least on a temporary basis. In both cases the Courts have acted to protect the franchisor’s goodwill and upheld restraint of trade terms on an interim basis, ..
Franchising in New Zealand: A Legal Perspective
Jackson Russell helps franchisors and franchisees successfully navigate the life cycle of a franchise or licensing business model from inception through to exit. This image shows a legal perspective on some of the regulatory changes and key trends in the franchising sector in New Zealand.
Commerce Commission Publishes 2015 Consumer Issues Report
The Commerce Commission has released its second Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission. The report is based on industry information and recent consumer complaints received by the Commission.
Dismissed Employees May Not be Compensated - Even if Procedural Errors
Until recently, it was generally accepted that if an employee was dismissed and the procedure was flawed, then they would be able to claim for lost wages (as well as compensation for humiliation, loss of dignity and injury to feelings). However, a recent Employment Court case has taken a different approach in a situation where the flawed procedure did not affect the outcome.
Health and Safety Law Reform: March 2015
New Zealand’s Health and Safety legislation is undergoing a major overhaul in response to a renewed
focus on the safety in the workplace. The review was spurred, in part, by the Pike River tragedy and the well-publicised record of the Forestry Industry. The changes will align New Zealand’s approach with Australia’s current law and provide some hefty disincentives to taking a lax approach to Health and Safety.
We have briefly summarised the key changes for you below. So..
Cash Remedies for Hurt Feelings
When an employee is dismissed from (or disadvantaged at) work, there will inevitably be a degree of injury to feelings. When that action is not reasonable or justifiable, the impact can be far greater. The Employment Relations Act provides a remedy for humiliation, loss of dignity and injury to feelings an employee suffers as a result of unjustifiable dismissal and unjustifiable actions by an employer.
Privacy Breach Results in $168,000 Award for Offensive Cake Baker
Ms Hammond was employed by Credit Union Baywide, but had recently resigned to move to another company in the region. A friend of hers had also recently resigned, albeit by way of a mediated settlement. It was clear that Ms Hammond and her friend took a dim view of the circumstances of the friend’s exit. In order to cheer her friend up, Ms Hammond baked a cake which she iced with several abusive words describing Credit Union Baywide.<..
Port Fails to Follow Own Procedure
It is not difficult for employers to make procedural errors when taking disciplinary action against employees. It is a regular complaint, particularly from small employers, that the procedural requirements for even simple disciplinary matters are complex and technical. This can lead to findings of unjustified dismissal, not because an employee hasn’t committed serious misconduct, but because a full and fair procedure was not followed to reach that conclusion.
Building Law Update: Changes to the Building Act 2004
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Building Law Update
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Consumer Law Update: Unfair Contract Terms - November 2014
Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015. If you use standard form consumer contracts, these will apply to you.
Without Prejudice Conversations
More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement.
A key feature in finding such a solution is the ability to speak “without prejudice”.
A key feature in finding such a solution is the ability to speak “without prejudice”.
Lucan Battison Successful over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Lucan Battison Successful Over Unlawful School Rules
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Consumer Law Reform
New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
Health and Safety Regime Changes
Following the recent publicity surrounding the Pike River tragedy and the Forestry Industry’s record, the Government has begun to implement its plan for a significant overhaul of the Health and Safety legislation.
In this article, we have highlighted a few of the key changes set out in the bill.
In this article, we have highlighted a few of the key changes set out in the bill.
Unjustified Dismissal of a Contractor Employee Case Study
A former employee of Sealord has been awarded over $80,000.00 in lost wages, compensation for humiliation and interest following his dismissal by Sealord.
The case highlights two important issues at the start and end of an employment relationship.
The case highlights two important issues at the start and end of an employment relationship.
Employment Court Rules on Sick Leave Abuse Case
Have you ever taken a sickie, thinking this is no big deal let alone something that you might get fired for?
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Falsified Work References and Relevance to Remedies in Unjustified Dismissal
The case of an employer ordered to pay more than $10,000 to one of his refrigeration engineers who had falsified his work history, wrecked a customer’s equipment and almost electrocuted one of his fellow workers has attracted recent media attention.
So just how did the employer come to lose the case and be up to pay the employee compensation?
So just how did the employer come to lose the case and be up to pay the employee compensation?
Who's the Boss? - Identifying the Boss is Not Simple
Everybody knows who their boss is right? The reality is that often employees will not bother to look at their employment agreement to see who they are contracting with. This, of course, assumes that the employee is even provided with a written agreement in the first place.
Are Your Neighbours' Trees or Hedges Blocking Your View?
The story usually goes something like this…….
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home..
2012 Developments Under the Personal Property Securities Act
During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).
This update summarises the more significant decisions.
This update summarises the more significant decisions.
Assessing Your Customers' Credit Risk: New Changes to Credit Reporting Law
Changes to the Credit Reporting Privacy Code from 1 April 2012 mean that better credit information is now available for businesses wanting to assess the credit risk of their customers. New Zealand has moved to a “positive” credit reporting system which will provide a more complete picture of a customer’s credit history and performance.
Notes for Directors - Will I Make a Difference or Lose My Shirt?
The recent recession has brought about a sea change in the way that we look at the role of a company director and directors’ liability. It is no longer seen as a comfortable position of power and control but it attracts the real risk of personal liability for a director. In addition, proposed changes to company law criminalise breaches of certain directors’ duties in an effort to increase accountability and protect investors.
Picking up the Tab - When Do Employers Have to Cover Employees for Losses or Expenses?
The law in New Zealand places a duty on an employer to indemnify their employees for costs/ liabilities which arise during the reasonable performance of their duties.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
The Australian PPSA
The Australian Personal Property Securities Act 2009 (the Australian PPSA) is now in force. Like its New Zealand equivalent, the Personal Property Securities Act 1999 (our PPSA), the Australian PPSA and PPS Register profoundly change the way that security is taken over personal property. The change will be significant for New Zealand businesses who supply goods to Australia on credit.
So You Want to Buy a Business?
This paper sets out an overview guide for those looking to acquire a small or medium-sized business by purchasing the assets of the business.
Employment Update: Good Faith After Termination Case Study
The Employment Relations Authority at Auckland has recently released a decision in the case of Manoharan & Anor v The Chief Executive of Waiariki Institute of Technology. The main issue in the case was whether the dismissal of two employees for serious misconduct was unjustified based on a procedural error.
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing t..
90 Day Trial Periods: New Case Enforces Strict Compliance
In the case of Blackmore v Honick Properties Limited the Employment Court has bolstered the “strict interpretation” approach taken to 90 day trial periods. For employers (particularly small businesses) this means that there are several technical requirements which you need to comply with in order for your 90 day trial period to be effective.
