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Insights & Opinion

Fencing Disputes: Neighbours and Notices
After obtaining a formal survey, many New Zealanders may be surprised to find out that the fence between their property and that of their neighbours’ is not located exactly on the legal boundary.  ...
04.03.2021 Posted in Property Law
COVID-19 – Government support explained
With a myriad of government benefits available to help employees and businesses cope with the COVID-19 lockdowns, it is easy to become overwhelmed with the differing eligibility requirements and vario...
04.03.2021 Posted in Business Advice & COVID-19 & Employment Law
Demolishing the “I’m not a PCBU” defence
In WorkSafe New Zealand v Dong SH Auckland Limited [2020] NZHC 3368, the High Court considered the statutory concept of a Person Conducting a Business or Undertaking (PCBU).  The facts of the prosecu...
04.03.2021 Posted in Health & Safety Law
The impact of lockdown on the Minimum Wage Act: the Employment Court judgment in Gate Gourmet
In Sandhu v Gate Gourmet New Zealand Ltd, Gate Gourmet challenged the Employment Relations Authority’s determination that the protections under the Minimum Wage Act 1983 (MWA) applied to its employe...
03.03.2021 Posted in Business Advice & Employment Law
New Investor Test for Overseas Investors
On 22 March 2021, a new investor test will be introduced for all consent applications under the Overseas Investment Act (Act), bar a few residential land exceptions.  This is one of several measures ...
“Recklessness” under the Health and Safety at Work Act 2015
The High Court has clarified the elements of the offence of reckless conduct in the Health and Safety at Work Act 2015.
When is someone ‘at work’ under the Health and Safety at Work Act?
The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.
18.02.2021 Posted in Business Advice & Health & Safety Law

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