In this update, we summarise insurance decisions issued at the close of 2013 and in first quarter of 2014. Litigation arising from the Canterbury earthquakes continues to dominate the insurance landscape, with the Supreme Court granting leave for the appeal of many of the judgments discussed in our December report.
Today is International Workers’ Memorial day, commemorating employees and contractors killed in the course of performing their jobs. In New Zealand, for the year 2013, 51 people lost their lives at work, and many more were seriously injured. It is an opportune moment to reflect on where we are at with workplace health and safety, and where we are heading.
Supply agreements (rather than informal arrangements) are becoming increasingly common in today's business world, particularly in the restaurant industry. But how well do you know your supply agreements?
What happens when an employee, or an unsuccessful candidate for a position, wants to see information relevant to their file or application that the employer considers is confidential? The Human Rights Review Tribunal has recently considered this question.
An employment relationship commences with an offer and acceptance of employment. This is a simple contract law premise, but there are a few legal tips that employers need to watch out for, especially in relation to trial periods and personal grievances.
Do not let employees on parental leave out of your sight! When restructuring a business, it is important to pay particular attention to employees whose employment may be affected while they are on parental leave.
Myths and legends abound when it comes to notice of termination. To name just a few:
Quite a few months after the ‘Exposure Draft’ was introduced in October 2013, the government has now introduced the Health and Safety Reform Bill into parliament. The sales pitch is that this is the biggest health and safety reform in 20 years. So what will it mean for you?
Bullying is recognised as detrimental to a person’s physical or mental well being. Employers have contractual and statutory duties to provide a safe workplace, and employers ignore bullying at their peril. WorkSafe has recently released guidelines for recognising and dealing with bullying.
Over the past few months the Rules Committee has been considering a total revamp of the District Court Rules (DCRs). At the same time, Parliament has been considering the Judicature Modernisation Bill – which, if passed, will make significant structural changes to the court system.
The Employment Relations Act is changing (yes, again!). What does this mean for you?
We all know about New Zealand’s appalling record in workplace health and safety, compared to the rest of the OECD. This was, of course, brought into even sharper relief by the tragedy at Pike River. The Royal Commission of enquiry into the Pike River tragedy, and the independent taskforce set up to review the state of workplace health and safety more generally, both identified that health and safety needs to be driven from the very top of each company.
Diminution of value or the cost of cure: assessing the normal measure of damages in leaky building claims
Johnson v Auckland Council  NZCA 662
Mr and Mrs Johnson purchased a leaky home in a mortgagee sale. They were aware at the time of purchase that the house might leak. The house had a code compliance certificate and the Council admitted to negligence in failing to identify the defects and in issuing the certificate.
For ten years NZS 3910:2003 was the form of construction contract most commonly used in New Zealand. However, following industry feedback, NZS 3910:2003 has now been superseded by three new building and civil engineering contracts: