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Construction Law Update

Written by Nick Gillies on May 22nd, 2017.

This note summaries recent construction law decisions and developments in New Zealand.

Trial Period Notice – What Notice?

Written by Alison Maelzer on May 12th, 2017.

Just when we thought that the law around trial periods was settling down and we knew where we all stood, the ground has shifted again. The latest wrinkle is, once again, around the concept of giving notice of a trial period termination.

Insurance Case Law Update April 2017

Written by Nick Gillies, Christina Bryant, Stephanie Corban, Sarah Holderness, Hannah Yiu, Michael O'Brien, Nina Thomson, Mary Battersby, Anna Parker, Richard Belcher and Rob McStay on April 18th, 2017.

This update provides a summary of judgments released over the past six months.  A more extensive discussion of particular judgments is linked to case names highlighted in the summary table. For further information on issues raised in this update, please contact the Hesketh Henry insurance law team.

Topics: Insurance Law

Is an Inheritance Trust Worthwhile?

Written by Mary Joy Simpson on March 21st, 2017.

We are often asked by parents how they can protect the inheritance they will provide for their children – keeping it safe from relationship property and creditor claims. Written by Mary Joy Simpson.


Criminal Law and Employment Law - when worlds collide

Written by Jim Roberts on February 16th, 2017.

The Sunday Star Times led with a front page article "Bayleys agent Tonya Spicer was sacked after police 'leaked' unlawful information to her employer”. The headline article continues with surprise that Ms Spicer, having been found not guilty of supplying methamphetamine could then be sacked by her employer.
Topics: Employment Law

You're fired! Summary Dismissal - Do I still need a process?

Written by Nina Thomson and Jim Roberts on February 8th, 2017.

Most employers won’t relish the idea of having to fire someone. However, sometimes an employee’s actions (or inactions) may be so serious that the decision to terminate the employee’s employment might not appear to be a difficult one.
Topics: Employment Law

A contractual duty of good faith: Young v Tower Insurance Ltd [2016] NZHC 2956

Written by Christina Bryant and Richard Belcher on December 23rd, 2016.

A High Court judge has held that a mutual duty of good faith is implied in every insurance contract.  Damages may be awarded for breach of that duty.
Topics: Insurance Law

Wait, so Christmas Day follows Boxing Day this year?!

Written by Alison Maelzer & Jim Roberts on December 20th, 2016.

Transferring public holidays is always a fun aspect of the holiday payroll, and 2016 is no exception.
Topics: Employment Law

A Historic Section Revived

Written by Mary Joy Simpson and Alice Eager on November 24th, 2016.

The Supreme Court decision of Clayton v Clayton has given new insight into the operation of section 182, Family Proceedings Act 1980. 
Topics: Family Law

Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory

Written by Tamar Hart on November 18th, 2016.

 Hesketh Henry has received the following recommendations and commentary in the high profile Legal 500 Asia Pacific 2017 directory.

FORM COUNTS UNDER THE CONSTRUCTION CONTRACTS ACT - Auckland Electrical Solutions Ltd v The Warrington Group Ltd [2016] NZHC 2245

Written by Nick Gillies and Richard Belcher on November 11th, 2016.

This case highlights the importance of form when issuing a payment claim and the effect of an inadequately formed payment claim on a summary judgement application for outstanding sums.
From July 2014 to August 2015, The Warrington Group Limited (Warrington) engaged Auckland Electrical Solutions Ltd (AES) to carry out electrical work for a construction project.  AES sent invoices totalling $83,599.57.  Payment by Warrington and credit notes in favour of Warrington left $8,659.83 outstanding.  AES claimed the invoices were payment claims and sought summary judgement in the District Court under the Construction Contacts Act 2002 (the Act) for the outstanding amount and associated costs.

What type of employment relationship do you have? Are you using the right employment agreement?

Written by Jim Roberts & Jodi Sharman on November 2nd, 2016.

Different types of employment require different employment agreements.  Unfortunately, the types are sometimes misunderstood and the wrong type of employment agreement used – this can lead to all sorts of trouble down the track! This article gives you a quick overview to set the record straight.
Topics: Employment Law

Clarification of retentions requirements for construction contracts

Written by Nick Gillies, Christina Bryant, Helen Macfarlane and Sarah Holderness on October 25th, 2016.

A bill has been introduced to Parliament to make clear that the new retentions regime for construction contracts only applies to contracts which have been entered into, or renewed, on or after 31 March 2017.  Once the regime comes into force, parties may agree that it applies to earlier contracts.  The Regulatory Systems (Commercial Matters) Amendment Bill had its first reading on 18 October 2016.

Insurance Case Law Update

Written by Christina Bryant, Nick Gillies, Helen Macfarlane, Gennise Luen, Hannah Yiu, Anna King, Nina Thomson, Mary Battersby, Richard Belcher, Rob McStay and Ella Collis on September 19th, 2016.

In this insurance law update we summarise significant decisions released in 2016 so far.
Topics: Insurance Law

Enforcement of Damages in Adjudication

Written by Nick Gillies and Richard Belcher on September 19th, 2016.

Clark v Central Lakes Homes Limited [2016] NZHC 1694
This decision highlights the arbitral distinction in the enforceability of the sums due and rights/obligations under construction contracts, prior to the recent CCA amendments. Written by Nick Gillies and Richard Belcher
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