Insights & Opinion
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Watch this space – proposed update to key construction contract AS 4000-1997
Hot on the heels of the review of NZS3910, AS 4000-1997, a key Australian standard form construction contract for more than 27 years, is currently being reviewed.  This form, or variants of it, is so...
17.06.2024 Posted in Construction
What to expect from payment disputes under construction contracts in 2024: a return to orthodoxy
Following the departure from the fundamental principle of the Construction Contracts Act 2002 (CCA) “pay now argue later” in South Pacific Industrial Ltd v Demasol Ltd [2021] NZHC 3597, the Court ...
14.06.2024 Posted in Construction & Disputes
Complexities of contract termination – High Court calls halt on the Contractor’s process in Rau Paenga v CPB
The High Court in Rau Paenga Ltd v CPB Contractors Pty Ltd [2023] NZHC 2947 granted an interim injunction preventing the Contractor from suspending and terminating its contract for the construction of...
30.05.2024 Posted in Construction & Disputes
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Court of Appeal overturns Employment Court decision stripping family carers of their employment status
Two parents of disabled adult children have lost their status as employees of the Ministry of Health (MOH). The Employment Court had previously found that they were “homeworkers” and therefore emp...
29.05.2024 Posted in Employment
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Is working from home still working?
There are conflicting views on whether working from home is effective. Research conducted by Massey University at the end of 2023 found that around 40% of workers were doing hybrid work. This was an i...
23.05.2024 Posted in Employment
The Legal500 Construction Comparative Guide
The Construction team at Hesketh Henry is the exclusive New Zealand contributor to The Legal 500: Country Comparative Guide for Construction.  Partners Glen Holm-Hansen and Helen Macfarlane along wit...
21.05.2024 Posted in Construction
Government trumps Member’s Bill with the Contracts of Insurance Bill 2024
It now seems there is at least the possibility 2024 will be the year New Zealand finally sees the reform of insurance law with the Government’s own bill, the Contracts of Insurance Bill, now before ...
16.05.2024 Posted in Insurance
Computer Hand Wide
Privacy Commissioner releases draft biometrics privacy code
Biometrics is a trending issue and with the development of technology there are consistently more ways biometric data can be used, from replacing a password to identifying repeat shoplifters in a shop...
03.05.2024 Posted in Business Advice
Building Permit
Build-to-Rent (BTR) Basics
If the term Build-to-Rent is new to you, you are probably not alone.  Unlike countries such as the USA, UK and Australia where BTR is well established, the BTR sector is still emerging in New Zealand...
26.04.2024 Posted in Property
Insurance Contract Law – Parliament finally gets to consider long-awaited reforms
The Government’s Contracts of Insurance Bill was introduced on 30 April 2024.  See our article on this Bill. In February 2022, the Ministry of Business, Innovation and Employment (MBIE) released an...
24.04.2024 Posted in Insurance
Tower Troubles – Body Corporate 366567 (Harbour Oaks) v Auckland Council
Standing 40 storeys tall with 406 units, the Gore Street building in downtown Auckland (formerly known as “Harbour Oaks”) is presently the subject of New Zealand’s largest claim for residential ...
18.04.2024 Posted in Construction & Disputes
Construction Framework Wide BW
OIO Spotlight:  Government issues new directive on foreign investment for build-to-rent housing developments
Earlier this year, the coalition Government announced that it would be introducing a new streamlined consent pathway for build-to-rent developments by way of amendments to the Overseas Investment Act ...
16.04.2024 Posted in Business Advice & Property
Incorporated societies’ reregistration deadline – April 2026 may be closer than you think
The Incorporated Societies Act 2022 (2022 Act) came fully into force on 5 October 2023, meaning incorporated societies can now apply for reregistration under the 2022 Act.  Approximately 24,000 exist...
16.04.2024 Posted in Business Advice
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Call me? Care is required when calling on a bond
In the recent High Court decision Hawkins Ltd v Elizabeth Properties Ltd, Hawkins was successful in preventing EPL from calling on a $3m bond pending determination of a dispute principally over the ap...
10.04.2024 Posted in Construction
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What You Need to Know About the New NZS3910:2023
The new NZS3910:2023 (conditions of contract for building and civil engineering construction) was released by Standards New Zealand in December 2023 (see our article here).  It is now gaining relevan...
10.04.2024 Posted in Construction
Money stack black and white
Income is classified as relationship property – surprised?
For all couples, embarking on the journey of building a life together involves not only love and commitment but also financial considerations.  As you navigate through shared finances, it’s imp...
26.03.2024 Posted in Private Wealth
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Forestry: Regulatory Roundup March 2024
The challenging economic environment for New Zealand’s forestry industry continues, with China’s demand for our logs remaining subdued. Moreover, in addition to the change in Government, t...
25.03.2024 Posted in Forestry & Property
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OIO Spotlight: Solar projects, exempted interests and farmland considerations
As New Zealand renewable energy developments continue to attract interest from global investors, we take a look at some recent approaches of the Overseas Investment Office in assessing consent require...
BCC Trade Credit v Thera Agri Capital: Policyholder Successful Against Credit Insurer in Australian Court of Appeal Decision
When applying for trade credit insurance, a prospective insured will typically provide information on the financing arrangements that will form the basis of cover. Where there is deviation from these ...
05.03.2024 Posted in Insurance & Trade and Transport
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Parker v Magnum Hire: A new era of personal grievance remedies awarded in the Employment Relations Authority?
If you heard a sudden loud noise last week – no it wasn’t a jet plane flying overhead, it was the gasp of employment lawyers across New Zealand when the Employment Relations Authority published it...
26.02.2024 Posted in Employment
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Banding together: the Court’s new approach to awards for injury to feelings
One of the key remedies available to an employee who has successfully established a personal grievance in the Employment Relations Authority (Authority) or the Employment Court (Court) is compensation...
23.02.2024 Posted in Employment
Trust liability under the Health and Safety at Work Act
WorkSafe New Zealand v RH & JY Trust & ors
21.02.2024 Posted in Health & Safety & Private Wealth
New year, new government, new policies: what’s on the cards for employment law in 2024?
As we have been known to say once or twice (okay, maybe every year!) employment law never stands still. New governments can also spell major change, and this time is no exception. As you will likely h...
14.02.2024 Posted in Business Advice & Employment
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Variations of Trust: Court’s Position Confirmed
Last year we published an article titled Variations of Trust: Obtaining the Court’s Blessing on the High Court decision in Re Jury Family Trusts [2022] NZHC 568 (Re Jury). In Re Jury, the High C...
05.02.2024 Posted in Private Wealth
Employment Law Wide
Trials and tribulations of trial periods – what an employer needs to know
If, like us, you were doing last minute Christmas shopping, you might have missed that the Employment Relations (Trial Periods) Amendment Act 2023 (Act) received Royal Assent and came into effect shor...
19.01.2024 Posted in Employment
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A warning about warnings
It can be tempting for an employer to think that it is only a dismissal that requires a disciplinary process, and that a warning or a final warning can be issued simply by notifying the employee.  Be...
13.12.2023 Posted in Employment
Gloriavale and BNZ – where is the line on the right of accessibility to services?
Whether accessibility to banking services is a fundamental right is an issue that is currently before the High Court in the dispute between Bank of New Zealand (BNZ) and the Christian Church Community...
07.12.2023 Posted in Insurance
employment dictionary website
Gloriavale residents found to be employees – yes, again!
The employment status of a worker is a concept that has long been contested and is challenging to determine for many, especially with flexible working arrangements and the so-called ‘gig economy’....
07.12.2023 Posted in Employment
Money Growth People Wide BW
How much do you earn?
The Employment Law Team explore the legality of pay secrecy clauses in employment agreements and whether any changes may be on the horizon in a recent Legalwise Insights article.  Read the article he...
30.11.2023 Posted in Employment
Privacy Commissioner to consult on Privacy Rules for Biometric Information
With the increasing use of facial recognition technology (FRT), retinal scans, and voice recognition by an array of different agencies, privacy concerns about its collection and use are set to be form...
24.11.2023 Posted in Business Advice
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Bioenergy in New Zealand: Fuels for the Future?
The energy transition from combustion fuels to low carbon alternatives is viewed as critical in the race to cut global CO2 emissions and reach climate targets.  We look at some of the opportunities p...
14.11.2023 Posted in Business Advice & Climate Change & Forestry
Will Wide BW
A well drafted will is a craft
The New Zealand do-it-yourself “DIY” attitude and way of life is not limited to home improvements, but sometimes also extends to wills.  Recently we had a DIY $5.99 fill in the blanks will acros...
07.11.2023 Posted in Private Wealth
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Health and Safety: The Consequences of Dishonesty
Siddhartha Gautama said that lies are like huge, gaudy vessels, the rafters of which are rotten and worm-eaten, and that those who embark in them are fated to be shipwrecked.  Two remarkable health a...
03.11.2023 Posted in Employment & Health & Safety
Properly sequencing your Construction Adjudications: Henry Construction Projects Ltd v Alu-Fix (UK) Ltd
According to the UK’s Technology and Construction Court (TCC) (in Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010) valid payment claims must be paid before the underlying merits ...
30.10.2023 Posted in Construction & Disputes
Key change to rules on distribution of surplus assets under the new Incorporated Societies Act 2022
On 5 October 2023, the new Incorporated Societies Act 2022 (2022 Act) came fully into force, replacing the Incorporated Societies Act 1908 (1908 Act). One of the key requirements under the 2022 Act is...
18.10.2023 Posted in Business Advice
Construction Framework Wide BW
Major milestone passed – NZS3910:2023 expected in time to fill Christmas stockings
As the most widely adopted standard form construction contract in NZ, NZS 3910 was more than ready for updated conditions given the changes in the industry since its last review in 2013.  After almos...
09.10.2023 Posted in Construction
Time is money – availability provisions in employment agreements and the requirement to compensate
What happens when an availability provision is non-compliant because it does not allow for compensation, but the employee is not “required” to work additional hours?  Can the employee still be sa...
21.09.2023 Posted in Business Advice & Employment
Contractor’s Dilemma: Recovering debts from a Principal in liquidation
A party must meet a high bar before the High Court will modify or reverse a liquidator’s decision, or consent to a party commencing adjudication (or other legal proceedings) against a company in liq...
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Proposed Privacy Act amendments – What you need to know about indirect personal data collection
A new Privacy Amendment Bill was recently introduced to Parliament.  The Bill proposes to insert a new Information Privacy Principle (IPP) 3A into the Privacy Act 2020, which would impose additional ...
20.09.2023 Posted in Business Advice
How to load a magic bullet: Legal considerations to facilitate BIM (Building Information Modelling)
Building Information Modelling, or “BIM”, is potentially transformational for the New Zealand building and construction sector.  It has been credited with the potential to spark a “step-change...
15.09.2023 Posted in Construction & Disputes
Construction Framework Wide BW
Disruption claims: Are your project records up to date?
Disruption can be hard to pinpoint.  It is one of those features that you know when you see it and most parties have likely felt it on a construction project.  However, being able to make a claim fo...
14.09.2023 Posted in Construction & Disputes
“David v Goliath”: The case for the formal regulation of third-party litigation funding in Aotearoa New Zealand
Litigation is expensive.  The high cost and inherent uncertainty associated with civil litigation creates a daunting financial barrier for those seeking justice for even meritorious claims. This has ...
31.08.2023 Posted in Construction & Disputes
Collaborative Contracting – Does the theory align with construction reality?
The New Zealand construction industry is rapidly changing, projects are becoming more complex and risks are rising.  As a result, stakeholders need to react and adjust to those changes, this can be a...
31.08.2023 Posted in Construction & Disputes
Chicken or Egg – Does C v D (Hong Kong) help New Zealand solve the question of whether a dispute is decided by arbitration?
Arbitration is increasingly viewed as a beneficial alternative to traditional court litigation, but how do you know if your dispute should go to arbitration or to the courts?  Several recent foreign ...
31.08.2023 Posted in Construction & Disputes
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High Court imposes record penalty under Fair Trading Act
One NZ (formerly Vodafone NZ) was recently a record-breaker for all the wrong reasons, receiving the largest penalty to date under the Fair Trading Act 1986 (FTA).   On appeal from the District Court...
29.08.2023 Posted in Business Advice & Disputes
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Limitations on Contribution Claims – will a defendant be left exposed if a claim is filed at the last minute?
Like many jurisdictions, New Zealand has legislation that imposes statutory limitation periods on civil claims.  Under the Limitation Act 2010 (Act) (for claims arising on or after 1 January 2011), t...
22.08.2023 Posted in Construction & Disputes
Hesketh Henry assists with Retention Money Guidance
Our Construction Team has been pleased to assist with the preparation of a Retention Money Guidance (Guidance), which has just been published by the Ministry of Business, Innovation and Employment (MB...
22.08.2023 Posted in Construction & Disputes
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Supreme Court unanimously dismisses relationship property appeal. 
Last year we published an article titled The curious case of Sutton v Bell – How your de facto relationship status can impact your ability to restructure your property on the Court of Appeal decisio...
16.08.2023 Posted in Private Wealth & Property
Money stack black and white
“For every dollar a Pākehā man makes…” – the latest development in addressing gender and ethnicity pay gaps
Mandatory reporting systems that would require businesses to report their gender pay gap might be on the (distant) horizon.
16.08.2023 Posted in Employment
FGH v RST the Sequel: Navigating mental health in employment processes
Mental health matters are complex and navigating those matters during performance or disciplinary processes can be difficult for both parties.  In an unusual twist, the Employment Court (Court) was a...
15.08.2023 Posted in Business Advice & Employment
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Is Your Fitness For Purpose Clause Fit For Purpose?
In any claim arising from a construction or supply contract, parties will often look to the contract to see whether there is a fitness for purpose clause.  However, poor drafting can result in confus...
09.08.2023 Posted in Construction & Insurance
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Supreme Court confirms orthodox approach when interpreting scope of exclusion clause
Napier City Council v Local Government Mutual Funds Trustee Limited [2022] NZCA 422 Background This case arose out of a building defect claim against Napier City Council (the Council) by the Body Cor...
07.08.2023 Posted in Insurance
Three parties in an employment relationship – the riddle in Riddler
Employment relationships are not always straightforward.  When there are three parties involved, things can get complicated.  The Employment Court (the Court) has recently had to untangle just such ...
01.08.2023 Posted in Employment
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Developer Alert: OIO indicates discretionary exemptions may be possible for holders of Transitional Exemption Certificates
Developers of large apartment developments holding transitional exemption certificates (which are set to expire in August 2023) may be able to get a discretionary exemption from the OIO, which would a...
28.07.2023 Posted in Business Advice & Foreign Investment & Property
Property (Relationships) Act 1976 – Room for Three?
In the landmark decision of Mead v Paul ,[1] a question was posed to the Supreme Court regarding whether the Property (Relationships) Act 1976 (Act) applies to triangular polyamorous relationships.  ...
18.07.2023 Posted in Disputes & Private Wealth & Property
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Pathways for Foreign Investment in NZ Forestry
Forestry is a strategically important industry for New Zealand and one which has traditionally received substantial amounts of foreign investment.  In recent years, changes have been made to the over...
18.07.2023 Posted in Foreign Investment & Forestry & Property
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Producer Statements Under Scrutiny
Fraudulent building consent documentation puts renewed attention on producer statements Building consent authorities have been checking their records urgently to identify whether they have issued any ...
12.07.2023 Posted in Construction & Disputes & Property
Anti-Suit Injunctions in Support of Arbitration Agreements
In a recent decision in which Hesketh Henry acted for the successful applicant, the High Court of New Zealand ordered an anti-suit injunction in support of an agreement to arbitrate – the first such...
06.07.2023 Posted in Trade and Transport
ETS Scheme Consultation Commences
On 19 June 2023 the Government launched a consultation process around possible changes to New Zealand’s emissions trading scheme.  Our Forestry Team looks at key features. Cyclones, flooding and ot...
04.07.2023 Posted in Business Advice & Climate Change & Forestry & Property
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Retention monies under commercial construction contracts: Are you ready for change?
Key changes introduced by the Construction Contracts (Retention Money) Amendment Act
03.07.2023 Posted in Construction
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Gimme, gimme more … information.
The procedural obligations in redundancy and complying with the duty of good faith.
03.07.2023 Posted in Business Advice & Employment
Be quick and ensure you have your say
Public consultation on the draft NZS3910 amendments closes on 30 June. Some key changes will impact the industry, and all are encouraged to review the draft terms and provide feedback through this pu...
28.06.2023 Posted in Construction
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Retirement Village Law under Review
Is the current Retirement Village legislation fit for purpose and is it unfair to residents?
22.06.2023 Posted in Property
Where the Consequences End – Fair Trading Act, Negligent Misstatements, and Recoverable Loss
It is a common idiom that ‘mistakes have consequences’, and when it comes to the Fair Trading Act 1986 (“FTA”), it appears the idiom is ‘misrepresentations bring damages’. But how much is ...
22.06.2023 Posted in Disputes
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Breaking News: Timeframe to raise a personal grievance for sexual harassment set to increase to 12 months
The timeframe to raise a personal grievance for sexual harassment is about to increase from 90 days to 12 months. This change will come about as a result of the Employment Relations (Extended Time for...
09.06.2023 Posted in Business Advice & Employment
Legler v Formannoij [2022] NZCA 607 – Self Dealing for an Improper Purpose?
In Legler v Formannoij [2022] NZCA 607, the children of a deceased father challenge their stepmother’s decision to appoint a corporate trustee, exclude the children and the family trust as beneficia...
09.06.2023 Posted in Private Wealth
Insurance
Sum Unsure? – 2023 Weather Events a Timely Reminder to Check Limits of Insurance
In light of the significant weather events around the country in 2023, now is a good time for insureds to check the sum insured of their insurance policies to avoid a second crisis. Under-estimating t...
02.06.2023 Posted in Climate Change & Insurance
Companies (Directors Duties) Amendment Bill – Recap and Update
A bill proposing to expressly include ESG factors in the context of a director’s exercise of corporate power has recently failed to obtain Select Committee support.  Hesketh Henry’s Business Advi...
29.05.2023 Posted in Business Advice
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It’s not “all care, no responsibility”
Director prosecuted for health and safety failures arising from fire that caused significant damage to cargo ship.
29.05.2023 Posted in Health & Safety & Trade and Transport
ASIC Takes Aim at Insurance Companies for Unfair Terms – Should New Zealand Insurers be Worried?
Recent court actions by the Australian regulator against insurers for unfair contract terms are a sign of what may be to come for New Zealand if the proposed Insurance Contracts Bill is enacted here.
25.05.2023 Posted in Insurance
loud hailer
Privacy in the workplace – answering the burning questions for employers
It is the Employment Law Team’s favourite time of year – no, not Christmas, summer or going away to the family bach. It’s Privacy Week, duh!
12.05.2023 Posted in Business Advice & Employment
Money Growth People Wide BW
Australia’s immigration announcement may have tax consequences for New Zealander’s living in Australia
In April, the Australian Government announced a direct pathway to citizenship for New Zealand citizens who live in Australia for four years or more and meet certain requirements.  While the announcem...
12.05.2023 Posted in Private Wealth
The IMO Unified Interpretation on the Test to Break a Shipowner’s Right to Limit Liability
A central feature of the maritime limitation regime is a shipowner’s right to limit liability for maritime claims based on the tonnage of the vessel, granted in exchange for the acceptance of strict...
08.05.2023 Posted in Business Advice & Insurance & Trade and Transport
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Recent Employment Legislation Updates – Changes You Cannot Afford to Miss!
Struggling to keep up with the breakneck speed of recent employment legislation news?  In this article, we provide a round-up of legislation and regulatory updates for employers, including analysis a...
20.04.2023 Posted in Business Advice & Employment
Seeing Green – Ethical investing for charities and trusts
In the wake of the recent catastrophic weather events here in New Zealand and the latest release of the alarming Intergovernmental Panel on Climate Change report, we consider a recent United Kingdom j...
11.04.2023 Posted in Climate Change & Private Wealth
“Hi Honey, I’m (still) home!” Legal considerations for employees working from home
With flexible working arrangements becoming increasingly common post-Covid, employers should continue to be alive to the consequences of these arrangements and consider what steps they should take to ...
Family Hands Paper Dolls Wide BW
Removing a child as a beneficiary of a trust: a breach of fiduciary duty?
In Pollock v Pollock [2022] NZCA 331, the Court of Appeal had to consider whether trustees owed fiduciary duties to a beneficiary when exercising the power to remove him as a beneficiary.  Background...
14.03.2023 Posted in Private Wealth
What to do when disaster strikes? Practical Guidance for Employers Following a Natural Disaster
Following the flooding in January and Cyclone Gabrielle in February the lives of many individuals (both employees and employers) in the North Island have been thrown into turmoil.  Many were devastat...
14.03.2023 Posted in Climate Change & Employment
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A challenging environment
As the realities of climate change become apparent, more and more countries are enacting framework climate change laws to mount a domestic response to the global challenge.  The sufficiency of these ...
10.03.2023 Posted in Climate Change
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Property Law Act COVID Extensions to End in March
Extended timeframes for taking enforcement action on mortgage defaults and unpaid commercial lease rental will come to an end on 20 March 2023. The extended timeframes were brought in by amendments to...
03.03.2023 Posted in Property
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Forestry in 2023: Things to look out for this year
Our Forestry team considers a few things to look out for this year in the legal landscape of one of New Zealand’s most important industries: Developments in land use management regime applicable to...
The Employment Law Team – Updates for 2023
2023 has had a turbulent start to the year.  We know that many of you are affected in Northland, Coromandel and Auckland, and the scale of the devastation in Hawkes Bay and Tairawhiti is beyond compr...
24.02.2023 Posted in Employment
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OIO Recap: Foreign Investment in NZ Residential Real Estate
The Overseas Investment Amendment Act 2018 restricted investment by overseas persons in New Zealand’s housing market.  Five years on, we recap the permitted ways in which foreigners may invest in p...
24.02.2023 Posted in Business Advice & Foreign Investment
Fail to Plan, Plan to Fail: Leasing and Health and Safety
When the Health and Safety at Work Act 2015 (HSWA) came into force in April 2016 as part of the Government’s strategy to reduce serious work-related injuries, it marked an important shift in health ...
22.02.2023 Posted in Health & Safety & Property
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Variations of Trust: Obtaining the Court’s Blessing
In Re Jury Family Trusts[1] the High Court was asked to ‘bless’ proposed variations of mirror trusts to avoid significant tax liabilities. First things first, what are mirror trusts? Mirror Trusts...
10.02.2023 Posted in Private Wealth
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As Our Dunes Retreat, Will Insurance?
It’s the quintessential Kiwi dream – owning a property only a stone’s throw from the sea.
03.02.2023 Posted in Climate Change & Construction & Disputes & Insurance & Property
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Leave refused for second appeal in relation to sentence on sinking fatalities
In May, the Court of Appeal refused to grant leave to Ocean Fisheries Limited (Ocean Fisheries) to further appeal the size of an emotional harm reparation sentence.  Factual Background  In October 2...
20.12.2022 Posted in Health & Safety & Trade and Transport
The curious case of Sutton v Bell – How your de facto relationship status can impact your ability to restructure your property
It may come as a surprise that how you deal with your assets, even before you are in a de facto relationship, can impact your property rights.  In Sutton v Bell [2021] NZCA 645, the Court of Appeal h...
15.12.2022 Posted in Private Wealth & Property
Contract Pen Wide
Buying Property “Off The Plans” and Sunset Clauses
While buying a new build property “off the plans” might not suit every purchaser, in a rising property market these types of agreements give purchasers the ability to lock in the key commercial te...
30.11.2022 Posted in Construction & Property
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Court of Appeal to decide whether issuing a Producer Statement can be an offence
Background There has been substantial publicity in recent years about a failed development undertaken by Bella Vista Homes Limited.  After the extent of issues became known, one of the actions taken ...
23.11.2022 Posted in Construction & Disputes
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On your marks, get set, STOP! Revoking an offer of employment
Sometimes, an employer wants to withdraw an offer of employment, especially when the offer was conditional. But what if the employee has already accepted?
10.11.2022 Posted in Employment
Fiduciary Duties to Adult Children – Court of Appeal rule differently
The Court of Appeal’s recent decision in D and E Ltd v A, B and C[1] overruled the High Court’s landmark decision in that case[2].  The High Court held that a fiduciary duty existed between a fat...
03.11.2022 Posted in Private Wealth
No Case to Answer. Significant Costs Awarded Against WorkSafe
The recent decision of WorkSafe New Zealand v Mount Somers Sand Ltd [2022] NZDC 12056 is significant because WorkSafe was required to pay the defendant’s costs after the Court found there was no cas...
21.10.2022 Posted in Health & Safety
Hands and gavel
Health and Safety at Work Act: Whakaari prosecutions and protection of the public
On 9 December 2019 Whakaari/White Island erupted tragically killing or severely injuring the 47 people who were exploring the offshore volcano.
21.10.2022 Posted in Health & Safety
Reception
A return to orthodoxy: Demasol Limited v South Pacific Industrial Limited affirms the CCA’s “pay now, argue later” principle
The Court of Appeal in Demasol Limited v South Pacific Industrial Limited [2022] NZCA 480 has overturned the earlier High Court judgment from last year, shutting the door on suggestions that those who...
20.10.2022 Posted in Construction & Disputes
The latest on NZS 3910:2013 – Review Committee releases draft Special Conditions
The New Zealand Construction Industry Council has commissioned a review of NZS 3910:2013 Conditions of contract for building and civil engineering construction (NZS3910), which is being led by Standar...
19.10.2022 Posted in Construction & Disputes
The UK’s so-called “creditor duty”: Does it exist and when is it triggered?
The recent decision of the UK Supreme Court in BTI 2014 LLC v Sequana SAV & Ors [2022] UKSC 25 has considered the nature of the so-called “creditor duty” and whether directors are required to ...
Electronic Monitoring Policies in Ontario – A Possibility for New Zealand?
The frequency and intensity with which employees are monitored by employers through the use of electronic systems have been amplified with technological advancement in recent years, raising privacy concerns in many countries.
10.10.2022 Posted in Employment
employment dictionary website
New Categories of Workers: Employee, Dependent Contractor, Independent Contractor
Spotting the difference between an employee and independent contractor can be difficult, but is a critical exercise. This is because employees are afforded a suite of rights not available to contracto...
05.10.2022 Posted in Employment
Restricting the restrictions? New Bill aims to regulate post-employment restraints
Restraint of trade clauses are commonly found in employment agreements and are often used without much thought as to whether they are reasonable in the circumstances.
30.09.2022 Posted in Employment
HH office
Queen Elizabeth II Memorial Day
The Queen Elizabeth II Memorial Day Bill has passed its Third Reading and will come into force by the end of this week.  The Bill provides the legislative framework to support the Government’s anno...
21.09.2022 Posted in Business Advice & Employment
Russia, Sanctions, and Force Majeure: MUR Shipping BV v RTI Ltd
It is common for force majeure clauses to define a “force majeure event” as being one that cannot reasonably be prevented by the parties. The wording may differ among clauses, but the requirement ...
21.09.2022 Posted in Disputes & Trade and Transport
Are you being served? Service of payment claims under the CCA
When the Construction Contracts Act 2002 (CCA) was introduced, email communication was not nearly as prevalent as it is now, generally being the preferred means of communication.
09.09.2022 Posted in Construction
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Cheers!… to advertising alcohol…socially responsibly
The Advertising Standards Authority’s (ASA) Alcohol Advertising and Promotion Code (Code) has been in play for just over a year now and social responsibility is top of the list of concerns with alcohol advertisements.
08.09.2022 Posted in Business Advice
BIMCO Introduces Force Majeure Clause 2022
In response to a recent string of disruptive and unforeseen events, BIMCO has introduced the Force Majeure Clause 2022 (Clause) as an optional inclusion for charterparty and shipping contracts.
08.09.2022 Posted in Trade and Transport
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The Settlors’ Plan
When you set up a trust, your plans and wishes count.
06.09.2022 Posted in Private Wealth
Fatigue Causes Groundings
Several recent Maritime New Zealand Prosecutions have emphasised the importantance of managing fatigue when operating vessels.
24.08.2022 Posted in Trade and Transport
Force majeur
Force Majeure Defence Successful: Laysun Service Co Ltd v Del Monte International
The decision in Laysun Service Co Ltd v Del Monte International [2022] EWHC 699 (Comm) is the rare example of a successful force majeure defence to excuse performance.
24.08.2022 Posted in Trade and Transport
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Off the Bench and into Action: The Whistle Blows on the Protected Disclosures Act 2022
On 1 July 2022 the Protected Disclosures (Protection of Whistleblowers) Act 2022 (Act) came into force, repealing the Protected Disclosures Act 2000.
19.08.2022 Posted in Employment
Retaining the Harvest: the right of receivers to withhold surplus funds to defend litigation
The recent decision of the High Court in Fistonich & Anor v Gibson & Ors [2022] NZHC 1422 considered whether receivers have a right to retain surplus funds to meet the cost of defending actual...
16.08.2022 Posted in Disputes & Insolvency and Restructuring
Commerce Commission releases draft report for residential building supplies market study
On 4 August 2022 the Commerce Commission (Commission) released its draft report setting out preliminary findings from its market study into the residential building supplies industry.
08.08.2022 Posted in Business Advice & Construction
Kabab-Ji v Kout Food Group confirms principles on determining governing law of an arbitration agreement
In February 2021 we discussed the English Supreme Court case of Enka v Chubb, which provided much-needed clarity on how the governing law of an arbitration agreement should be determined where the agr...
27.07.2022 Posted in Trade and Transport
Health Safety Blocks Wide
Directors’ accountability for health and safety violations
The Health and Safety at Work Act 2015 (HSWA) defines an ‘officer’ as a person who exercises significant influence over the management of a business or undertaking (PCBU).
21.07.2022 Posted in Health & Safety
Force Majeure – Not A Get Out Of Jail Free Card
Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344
17.06.2022 Posted in Trade and Transport
Payment Claims: Incorrect Due Date From Delayed Delivery
Nicholls Group Projects Ltd v Plan Design Build Homes Ltd
20.05.2022 Posted in Construction
Reception
Employment Court Deems Gloriavale Residents Employees
The definition of “employee” in the Employment Relations Act 2000 (ERA) can at times be tricky to navigate; recent cases involving builders, couriers, and uber drivers can attest to the issues tha...
18.05.2022 Posted in Employment
New proposals on modern slavery place higher responsibilities on NZ organisations
Over recent years, modern slavery has become a more prominent issue in New Zealand.
13.05.2022 Posted in Business Advice
Insurance Contracts Bill – submissions on exposure draft closing soon
As we reported in late February, the Ministry of Business, Innovation and Employment (MBIE) is seeking submissions on the exposure draft Insurance Contracts Bill.  Submissions close on 4 May 2022. MB...
20.04.2022 Posted in Insurance
Matariki and Fair Pay Agreements
Matariki Te Pire mō te Hararei Tūmatanui o te Kāhui o Matariki (Te Kāhui o Matariki Public Holiday Bill) received Royal Assent yesterday, and the new Act comes into force today – 12 April 20...
12.04.2022 Posted in Employment
Construction
A Landmark Change? – Proposed reform of the occupational regulation of engineers
Engineers engage in building work that is critical to public safety. Despite this, few restrictions are placed on who can carry out and supervise complex and specialised projects that require high levels of professional judgement, skill and technical competence.
07.04.2022 Posted in Construction
Forestry reform impacts NZ log traders and advisors
Recently passed legislative updates impose new regulatory standards on forestry advisors and log traders – introducing new levels of professional compliance for a previously unregulated area of the forestry sector.
04.04.2022 Posted in Business Advice & Forestry & Trade and Transport
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Arbitrating the America’s Cup
In 1970, after Australia was controversially disqualified in Race 2 of AC21, Sir Frank Packer “raged that protesting to the New York Yacht Club was like complaining to your mother-in-law about your ...
29.03.2022 Posted in Construction & Disputes & Trade and Transport
Business hibernation: the impact on employment obligations
By business hibernation we mean the temporary, self-enforced, suspension of a business.
29.03.2022 Posted in Employment
Colluding to stop collusion: competition agencies are working together to detect competition issues in global supply chains
Covid-19 has caused significant issues for supply chains and in some instances, business have cooperated responsibly to ensure New Zealand continues to be supplied with essential goods and services.
28.03.2022 Posted in Trade and Transport
Kiwiana beach pohutukawa
Shedding Some Light on the Sunscreen (Product Safety Standard) Act 2022
Summer may be over, but there are sunny days ahead for sunscreen advocates with the recent introduction of the Sunscreen (Product Safety Standard) Act 2022.
25.03.2022 Posted in Business Advice
Fair Pay Agreement System: Implications for Employees and Employers
In May 2021, the Government announced the introduction of a new Fair Pay Agreement system.
15.03.2022 Posted in Employment
Police and Defence Force Vaccination Mandate overturned – is this a big deal or not?
On 25 February 2022, the High Court upheld a challenge to the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021 (“the mandate”).   What was the outcome of this case?  The ...
08.03.2022 Posted in Employment
Building Permit
Supply Shortages are Here to Stay – Managing Cost Escalation under NZS 3910:2013
Over the past year, New Zealand has experienced a significant increase in the cost of construction, primarily from Covid-19 related disruptions.  Supply chain constraints combined with booming domest...
04.03.2022 Posted in Construction
Advertising a financial product or service? Read on.
A new Financial Advertising Code (Code) will replace the existing Code for Financial Advertising effective 1 March 2022 for new, and 1 June 2022 for all existing, financial advertising captured.
25.02.2022 Posted in Business Advice
Contract dictionary
Transforming insurance law – Insurance Contracts Bill draft released for consultation
Yesterday the New Zealand Government released an exposure draft Insurance Contracts Bill.
25.02.2022 Posted in Insurance
If they work like employees, and look like employees, they must be employees, right?
In light of the current Gloriavale litigation in the Employment Court, in which a number of former Gloriavale residents allege that they were employees rather than volunteers, it is interesting to con...
23.02.2022 Posted in Employment
Family Love Hands website
The End of Life Choice Act 2019: What you need to know
The End of Life Choice Act 2019 (Act) came into force on 7 November 2021, giving people who are experiencing unbearable suffering from a terminal illness the option to legally request medical assistance to end their life.
22.02.2022 Posted in Private Wealth
Putting all your assets in trust? What can your children do about it?
The High Court holds that a fiduciary duty can be owed to adult children.
22.02.2022 Posted in Private Wealth
reception
New Zealand chapter of the Center for International Legal Studies’ World Intellectual Property Rights and Remedies
Erich Bachmann, Julika Wahlmann-Smith and Christine Leung author the New Zealand chapter of the Center for International Legal Studies’ World Intellectual Property Rights and Remedies (Thomson Reute...
08.02.2022 Posted in Business Advice
Privacy law: A Global Legal Perspective on Data Protection Relating to Advertising & Marketing
Erich Bachmann and Julika Wahlmann-Smith author the New Zealand Chapter of Privacy law: A Global Legal Perspective on Data Protection Relating to Advertising & Marketing
08.02.2022 Posted in Business Advice
Second Edition of Guide to Conducting Sweepstakes & Contests
Erich Bachmann and Julika Wahlmann-Smith author the New Zealand Chapter of the Second Edition of Guide to Conducting Sweepstakes & Contests. 
08.02.2022 Posted in Business Advice
vaccination
New booster requirement introduced for some workers
On 23 January 2022, the COVID-19 Public Health Response (Vaccinations) Amendment Order 2022 (the 2022 Amendment Order) came into force.  This amends the previous COVID-19 Public Health Response (Vacc...
24.01.2022 Posted in Business Advice & Employment
Supreme Court Confirms Commissions Within Weekly Holiday Pay
The Supreme Court has upheld the Court of Appeal’s decision (although for different reasons) in A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Limited w...
21.12.2021 Posted in Business Advice & Employment
Hesketh Henry ranked in the latest Asia-Pacific Chambers Legal Directory 2022
Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022
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2021 Maritime Arbitration Enforcement Series.
The Hesketh Henry Trade and Transport team are proud contributors of the SCMA (Singapore Chamber of Maritime Arbitration) 2021 Maritime Arbitration Enforcement Series.  Authors Simon Cartwright, Part...
20.12.2021 Posted in Trade and Transport
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Incorporated Societies – A Major Shake Up is on the Way
The Incorporated Societies Bill (Bill) had its second reading on 17 November 2021.  The Bill seeks to repeal and replace the 113 year old Incorporated Societies Act 1908 (1908 Act), in a well overdue...
07.12.2021 Posted in Business Advice
Are you ready for the new Covid-19 Protection Framework?
Parliament has been racing through COVID-19 legislation in preparation for New Zealand entering the COVID-19 Protection Framework (CPF) at midnight tonight, Thursday 2 December.   Employers operating...
02.12.2021 Posted in Business Advice & Employment & Health & Safety
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Covid-19 Risk Assessment – Vaccines only part of the solution
Vaccine mandates have been the “hot topic” in the news recently.  However, it has become clear that vaccines are not a silver bullet and relying on vaccination alone to address the risk of Covid-...
01.12.2021 Posted in Employment & Health & Safety
Final changes to the overseas investment regime now in force
The Overseas Investment Amendment Act 2021 came into force on 5 July 2021.
24.11.2021 Posted in Business Advice & Foreign Investment & Property
Building Permit
Commerce Commission study announced for building supplies market
The Commerce Commission is set to undertake a market study into residential building supplies for major components of residential buildings 
24.11.2021 Posted in Business Advice & Construction & Regulatory
‘Tis the season … to comply with the Fair Trading Act
Retailers will be seeking to make the most of in-store trading reopening, particularly in Auckland.
23.11.2021 Posted in Business Advice & Regulatory
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COVID-19 Protection Framework: Vaccination Certificates and Simplified Risk Assessment on its way
For some employers, Covid-19 vaccine certificates (CVCs) are required in order to operate within the Covid-19 Protection Framework (the Traffic Light System).  The scope of this requirement is slated...
23.11.2021 Posted in Business Advice & Employment & Health & Safety
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Retention funds:  where is the trust?
The importance of subcontractors scrutinising how retention funds are held, and how they are dealt with by insolvency practitioners, was highlighted in the recent High Court decision in McVeigh v Decm...
Review of Anti-Money Laundering law is underway
The Ministry of Justice is carrying out a statutory review of the Anti-Money Laundering and Countering Financing of Terrorism Act 2013 (Act) to consider: how it has performed since it was introduced ...
19.11.2021 Posted in Business Advice & Regulatory
aviation
Can Covid-19 frustrate a contract?
Introduction  Covid-19 has had a significant impact on the transport sector, in particular the aviation industry. It has been common for parties affected by Covid-19 to assert that it amounts to a fo...
19.11.2021 Posted in Business Advice & Trade and Transport
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Health check on solvency position:  time to conduct an annual review and plan for the future
As 2021 draws to a conclusion and businesses begin to consider what operations will look like in the new year, it will be necessary to reflect on the impact of Covid-19 and prepare for life under the ...
New LMAA rules introducing more flexibility
New rules for marine arbitrations in the London Arbitral Tribunal have been implemented recently: the LMAA Terms 2021, the LMAA Intermediate Claims Procedure 2021 and the LMAA Small Claims Procedure 2...
17.11.2021
Galtrade Ltd v BP Oil International Ltd – To Reject or Not Reject? Purchaser in Breach when Rejecting Off-Specification Fuel
The English Commercial Court in Galtrade Ltd v BP Oil International [2021] EWHC 1796 (Comm) has held that an oil trader who rejected off-specification cargo wrongfully repudiated the contract, as the specification requirement in the contract was an intermediate term and not a condition.
16.11.2021 Posted in Disputes & Trade and Transport
How to Gauge the Minimum Wage: Sandhu v Gate Gourmet
Court of Appeal Overturns Employment Court’s Decision in Sandhu v Gate Gourmet
16.11.2021 Posted in Business Advice & Employment
marine
CMA CGM Libra – General Average Claim Defeated
English Supreme Court confirms defective passage planning made vessel unseaworthy – cargo interests not liable for GA contribution
16.11.2021 Posted in Disputes & Trade and Transport
marine
Parliament to address Air Pollution from Ships, Finally!
Update: The Maritime Transport (MARPOL) Amendment Bill underwent its third reading on 9 November 2021.  Having successfully progressed through its third reading, it now awaits royal assent.  This sh...
11.11.2021 Posted in Climate Change & Trade and Transport
How watertight is your boat building contract?
New Zealand boat builders beware.
10.11.2021 Posted in Disputes & Trade and Transport
HH office
Home Alone? MBIE forced to reconsider home isolation application
In Bolton v The Chief Executive of the Ministry of Business, Innovation and Employment [2021] NZHC 2897 the High Court set aside a decision of MBIE denying an application for MIQ exemption.
04.11.2021 Posted in Disputes
Mandatory financial climate-related disclosure obligations now law
The Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill (Bill) received royal assent last week.
02.11.2021 Posted in Business Advice & Climate Change
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Health and Safety Reform: Increased Regulation of Plant and Structures on the Horizon
The Government has announced that it intends to release draft plant and structures regulations in early 2022, with new regulations expected to be in place later next year.
28.10.2021 Posted in Construction & Health & Safety
Climate Change and the Construction Industry: Shaping the Emissions Reduction Plan
New Zealand’s first emissions reduction plan (ERP) is due to be published in May 2022.
28.10.2021 Posted in Climate Change & Construction
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Court of Appeal Overturns Employment Court’s Decision on Discretionary Bonuses in Holiday Pay
The Court of Appeal has overturned the decision of the Full Court of the Employment Court about when employer bonuses are included within holiday pay. The key is whether the employer is contractually bound to pay the bonus.
27.10.2021 Posted in Employment & Regulatory
Class Actions Update
Class actions and litigation funding continue to grow in prominence in New Zealand, despite the lack of a regulatory framework for the same.
27.10.2021 Posted in Construction & Disputes
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Extending the reach of the jab –the Public Health Response (Vaccinations) Order – round 3
While we have known for a while that the government was expanding the scope of the vaccination requirements, many schools and health providers have been waiting with bated breath for the actual Order ...
26.10.2021 Posted in Business Advice & Employment
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Amending directors’ duties to go beyond the bottom line
The Companies (Directors Duties) Amendment Bill 2021 (Bill) proposes to amend section 131 of the Companies Act 1993 (Act) to clarify that company directors may take into account recognised environment...
20.10.2021 Posted in Business Advice
The Impact of Unclear Communication
The recent decision of the New South Wales Court of Appeal in Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No. 2) [2021] NSWCA 9 is an example of an unclear direction resulting in a principal being unable to rely on a notification time bar in a construction contract.
11.10.2021 Posted in Construction
Gavel Books Wide BW
Penalties imposed for a single phone call attempting to enter a price-fixing agreement
The High Court in Commerce Commission v Specialised Container Services (Christchurch) Ltd recently imposed pecuniary penalties under the Commerce Act 1986 (the Act) for an attempt to enter into a pric...
07.10.2021 Posted in Business Advice & Regulatory
Update – August/September 2021 Lockdown – what financial support is available?
The Government is offering various support schemes to help employees and businesses cope with the 2021 COVID-19 Lockdown.  Given the differing eligibility requirements it is easy to become overwhelmed.
07.10.2021 Posted in Business Advice & Employment
Gavel
Exclusion of liability for deliberate breaches of contract 
In Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) the English High Court considered a summary judgment application on the applicability of a limitation of liability clause to an alle...
01.10.2021 Posted in Construction & Disputes
How low can you go?  Commerce Commission’s prosecution against Bunnings dismissed
The District Court recently dismissed the Commerce Commission’s case against Bunnings for alleged misleading and deceptive representations under the Fair Trading Act 1986 (FTA). In dismissing the Co...
01.10.2021 Posted in Disputes & Regulatory
aviation
Civil Aviation Bill introduced to Parliament
After five years of preparation, the Civil Aviation Bill has been introduced to Parliament.  The aviation industry has seen dramatic change in the three decades since the current Civil Aviation Act w...
30.09.2021 Posted in Trade and Transport
Regulators do not “bend” on AML/CFT compliance: Financial Markets Authority v CLSA Premium Limited
Earlier this month, the High Court released its decision in Financial Markets Authority v CLSA Premium New Zealand Limited.
23.09.2021 Posted in Business Advice & Regulatory
DSC
Alert Level 3; Hi-ho, hi-ho, back to work we go?
In Auckland, we’re excited to be moving to Alert Level 3, if only so we can take a break from cooking every single meal! 
21.09.2021 Posted in Business Advice & Employment
M&A Pricing Mechanics: Completion Accounts vs Locked Box
A critical period in the timeline of any M&A share transaction is the period between signing the Share Sale and Purchase Agreement and completion.
21.09.2021 Posted in Business Advice
Construction
Climate Change and the Construction Industry: Counting down to a national strategy
The Government is getting closer to the publication of a national strategy for responding to climate change.
21.09.2021 Posted in Climate Change & Construction
Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.
20.09.2021 Posted in Disputes & Trade and Transport
Clarity on Liquidated Damages following Termination
The United Kingdom Supreme Court in Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 has clarified the operation of liquidated damages clauses in the event of termination.  The dec...
17.09.2021 Posted in Construction & Disputes
Will Wide BW
Is your will in draft form?  High Court refuses to exercise its discretionary power to validate a draft will notwithstanding beneficiaries’ consent
The High Court’s recent decision in Re: An application to validate the will of Olive Ruby Piper [2021] NZHC 534 serves as a valuable reminder to make sure that your estate planning documents are...
16.09.2021 Posted in Private Wealth
New Fair Trading Act provisions spark need to review small trade contracts
The Fair Trading Amendment Bill received Royal Assent on 16 August 2021 and is now the Fair Trading Amendment Act 2021 (Amendment Act).  The Amendment Act amends the Fair Trading Act 1986 (FTA), with...
14.09.2021 Posted in Business Advice
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Employment Relations Authority Finds Dismissal of Unvaccinated Border Worker to be Justified
On 1 September 2021, The Employment Relations Authority (Authority) determined in GF v New Zealand Customs Service [2021] NZERA 382, that the New Zealand Customs Service (Customs) was justified in its...
10.09.2021 Posted in Business Advice & Employment
AML/CFT guidance with the High Court’s decision in Reserve Bank of New Zealand and TSB Bank Limited
On 31 August 2021, the High Court of Wellington released its decision on the Reserve Bank of New Zealand v TSB Bank Limited.
09.09.2021 Posted in Business Advice & Regulatory
Supreme Court asserts Employment Relations Authority exclusive jurisdiction
The Supreme Court has recently issued a significant judgment clarifying that the Employment Relations Authority (Authority) has exclusive jurisdiction over claims arising in a “work context”. In d...
09.09.2021 Posted in Business Advice & Employment
How much does one truly deserve?
A critical analysis of the New Zealand and Australian High Courts' approach to quantum meruit claims within the construction industry
06.09.2021 Posted in Construction & Regulatory
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Unprecedented ! NZS3910, Risk Allocation and COVID-19
The first Level 4 lockdown of 25 March 2020, implemented in response to the COVID-19 pandemic, exposed various flaws in the risk allocation regime under standard construction contract NZS3910.   
06.09.2021 Posted in Construction
Centrality of Price in New Zealand Procurement: Time for Change
The focus on centrality of price in New Zealand procurement (or securing the lowest price) continues to be a key concern for the construction industry. 
06.09.2021 Posted in Construction
Contract dictionary
When Contracts Contradict: Septo Trading Inc v Tintrade Ltd
Contracts in international trade are often formed by a combination of emails recording expressly agreed terms, but with a reference to standard terms and conditions being incorporated.
02.09.2021 Posted in Disputes & Trade and Transport
All about the evidence: Recent Supreme Court decision confirms extrinsic evidence rules and implication of contractual terms
The Supreme Court’s recent decision in Bathurst Resources Ltd v L & M Coal Holdings Ltd provides important guidance on the approach to the use and admissibility of extrinsic evidence for contractual interpretation and the test for implication of contractual terms.
02.09.2021 Posted in Business Advice & Regulatory
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Spotlight on the Retail Grocery Sector: Commerce Commission releases preliminary results from its market study into the Retail Grocery Sector
The retail grocery sector has garnered considerable publicity in recent times. Lockdown has intensified scrutiny on the pricing strategies and structures adopted by retailers in this sector. This follows on the back of the Commerce Commissions broader investigation of competition issues within the sector.
01.09.2021 Posted in Business Advice & Regulatory
COVID-19 AML/CFT Guidance and Annual Report Extension
In a recent statement by the Financial Markets Authority, the Department of Internal Affairs (DIA) and the Reserve Bank of New Zealand (together, the Supervisors), it was agreed that the submission da...
31.08.2021 Posted in Business Advice & Regulatory
Injunctions & Receiverships:  A high hurdle for directors to prevent the sale of a business in receivership
The principal role of a receiver is to realise secured assets for the appointing creditor. 
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Maritime New Zealand v Genera Limited:  Health & Safety Prosecution in International Waters
In the first case of its kind, Genera Limited has been convicted of an offence under the Health and Safety at Work Act 2015 (HSWA) in relation to an incident that occurred in international waters. The...
18.08.2021 Posted in Disputes & Health & Safety & Trade and Transport
Concrete pillars impressive
High Court emphasises the extent of duties that banks owe to guarantors
A recent High Court case, ASB Bank Ltd v Davis [2021] NZHC 1812, clearly illustrates where the line is drawn in relation to duties banks owe to guarantors.
28.07.2021 Posted in Insolvency and Restructuring
Reception
Subcontractor entitled to raise set-off claim against principal’s warranty claim
A recent High Court case examined the all too common situation where a contractor goes into liquidation, but there are unresolved matters on a construction project affecting both the principal and sub...
Increase in Sick Leave Entitlement
From Saturday 24 July 2021, the minimum entitlement to sick leave increases from 5 to 10 days in each entitlement year.
23.07.2021 Posted in Business Advice & Employment
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Liquidators’ Powers: Successful application under section 266 of the Companies Act to examine former director
Liquidators have wide-ranging powers under the Companies Act 1993 (Companies Act), including the power to request directors, shareholders or any other relevant person to assist in the liquidation of a...
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Enforceability of limitation clauses
Construction contracts and contracts for professional services typically include a range of provisions which seek to allocate risk between the parties, and limit potential liability to be attributed to one party.
NZS 3910 Court Judgment, With Implications
The High Court decision in Hellaby Resource Services Ltd v Body Corporate 197281 [2021] NZHC 554 is a rare NZS 3910 decision, with implications for the construction sector. 
09.07.2021 Posted in Construction
Reception
ASB Showgrounds liquidation – An iconic venue in strife
The events industry has been strongly affected by Covid-19.
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The Shipping Law Review 2021 8th Edition
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review.
02.07.2021 Posted in Trade and Transport
At first glance: Overseas Investment Amendment Bill (No 3) 2021
The Overseas Investment Amendment Bill (No 3) (Bill) received royal assent on 24 May 2021
22.06.2021 Posted in Business Advice & Foreign Investment
Construction Contractor Controversy: Guidance on the Status of Contractors
Workers in the construction industry are frequently engaged as independent contractors.
18.06.2021 Posted in Business Advice & Construction & Employment
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Retentions Regime: On the Road to Repair
The retentions regime in the Construction Contracts Act 2002 is on the road to repair with the introduction of the Construction Contracts (Retention Money) Amendment Bill (Bill) on 1 June 2021.  The ...
16.06.2021 Posted in Construction
Contractors, Caveats, and Retention of Title clauses
The High Court in Development Construction Company Ltd v Mackenzie [2021] NZHC 546 has confirmed  that retention of title (RoT) clauses do not provide contractors with a caveatable interest. This dec...
20.04.2021 Posted in Construction & Disputes
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How to break up with a suspected money launderer: High Court Guidance
The High Court has provided guidance on how to end a business relationship with a suspected money launderer.
15.04.2021 Posted in Business Advice & Regulatory
Adjudication When In Administration
In Meltzer and Lamacraft v Amstar New Zealand Ltd the High Court highlighted the interplay between insolvency and construction adjudication issues.
15.04.2021 Posted in Construction
vaccination
What happens if my employee refuses to get the COVID-19 vaccination?
While there are enough COVID-19 vaccinations to inoculate each New Zealander, it has been reported that some ‘frontline’ workers have refused to get vaccinated, or have failed to attend vaccinatio...
14.04.2021 Posted in Business Advice & Employment
Condolence
Bereavement Leave Confirmed for Miscarriages and Stillbirths 
New Zealand has become the second country in the world to pass legislation that provides bereavement leave for mothers and their partners after a miscarriage or stillbirth.
26.03.2021 Posted in Business Advice & Employment
Court of Appeal Overturns Employment Court’s Decision in Tourism Holdings
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment (Tourism Holdings) is the first decision in which the Employment Court considered section 8(2) of the Holidays Act 2003 (Act). The Court of Appeal has recently overturned this decision.
26.03.2021 Posted in Business Advice & Employment
Guarantees must be in writing and signed to be enforceable
For a guarantee to be enforceable, the requirements set out in section 27 of the Property Law Act 2007 (Act) must be strictly complied with.  This is what the NZSC held in Brougham v Regan. The key i...
19.03.2021 Posted in Business Advice
Gavel
UK Supreme Court Delivers Decision on Uber Driver Employment Status
The distinction between employee and independent contractor can be complex, particularly where the nature of the business model blurs the lines of standard employment practices.
16.03.2021 Posted in Business Advice & Employment
Holidays Act Overhaul – Taskforce Recommendations
There have been calls for an amendment of the Holidays Act 2003 (Act) for some time.
16.03.2021 Posted in Business Advice & Employment
Property opt
Unwanted Land Covenants and Easements: Seeking a Court Order
The Supreme Court recently considered an application by Synlait Milk to modify a land covenant restricting the burdened land use to farming, grazing and forestry operation to protect the ability of the benefited land owner to develop a quarry.  This article looks at the circumstances in which the courts might give relief to parties in an application to extinguish or modify a covenant or easement.
15.03.2021 Posted in Property
New ICC Arbitration Rules 2021 come into force
The revised International Chamber of Commerce (ICC) Arbitration Rules for 2021 (2021 Rules) have now come into force and apply to all ICC arbitrations begun after 1 January 2021.  While the new Rules...
10.03.2021 Posted in Disputes & Regulatory
Changes to the Residential Tenancies Act and what they mean for you
Relationships between residential landlords and tenants have recently had a shake-up with changes to the Residential Tenancies Act 1986 (RTA) which took effect on 11 February 2021. According to Associ...
09.03.2021 Posted in Property
Coloued picket fence
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
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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 & Employment
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
Reception
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
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 ...
02.03.2021 Posted in Business Advice & Foreign Investment
“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.
19.02.2021 Posted in Business Advice & Disputes & Health & Safety
Health and Safety Tiles
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
English Supreme Court clarifies approach to determining the governing law of an international arbitration agreement
The English Supreme Court has recently clarified how the governing law of an arbitration agreement should be determined, where the agreement lacks an express choice of law provision.  In an area of l...
18.02.2021 Posted in Disputes & Trade and Transport
Health and Safety Tiles
The High Court clarifies the liability of ‘officers’ under the Health and Safety at Work Act 2015
The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.
17.02.2021 Posted in Business Advice & Health & Safety
Employment Law Considerations for Buying or Selling a Business
The people in a business often make the business, so if you are planning to buy or sell a business, it is important that you understand your employment law obligations in relation to employees.
17.02.2021 Posted in Business Advice & Employment
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Construction Contracts Act Enforcement Costs
Cubo Projects Ltd v S&S Import Solutions Ltd
17.02.2021 Posted in Construction
Employment Court Deems Uber Driver a Contractor
Although immensely popular due to its user friendly interface and low prices, the Uber Group is facing challenges to its business model worldwide.  Issues about the rights of Uber’s drivers have be...
12.02.2021 Posted in Business Advice & Employment
rsz large pillars
English Supreme Court rejects universal application of “gold standard” for disclosure of arbitrators’ interests
Justice must both be done, and be seen to be done.
10.02.2021 Posted in Insurance & Trade and Transport
Increase in sick leave entitlement – what you need to know
The Holidays (Increasing Sick Leave) Amendment Bill (the Bill) was introduced in December 2020 and passed its First Reading on 1 December 2020. With the government’s clear majority, the Bill is anti...
02.02.2021 Posted in Business Advice & Employment
Phishing for payment: How Team New Zealand was scammed
Hackers often try to scam entities making international payments by impersonating one, or both, parties to the payment.
10.12.2020 Posted in Business Advice & Trade and Transport
Westhaven marina black and white
Requirements for international yachts and crew entering New Zealand
While New Zealand’s sea borders are currently closed to most foreign Flagged vessels, a number of pleasure craft and super yachts in the Pacific are hoping to enter New Zealand in time for the Ameri...
04.12.2020 Posted in Trade and Transport
Class Actions – Supreme Court rules it’s “opt-out”, Law Commission Issues Paper imminent
Following the Supreme Court decision in Southern Response v Ross [2020] NZSC 126 the Law Commission is now set to release its Issues Paper on Class Actions and Litigation Funding on 4 December 2020. ...
03.12.2020 Posted in Disputes & Insurance
Reception
The Commerce Commission is set to undertake a market study into the Retail Grocery Sector
On 17 November 2020 the Minister of Commerce and Consumer Affairs announced a market study into the retail grocery sector through the Commerce Commission under Part 3A of the Commerce Act 1986 (Act)....
Court of Appeal cuts fine for Steel & Tube’s breaches of the Fair Trading Act 
The Court of Appeal in Commerce Commission v Steel & Tube Holdings Limited [2020] NZCA 549 has set aside last year’s High Court decision under the Fair Trading Act 1986 (FTA) where it imposed a ...
23.11.2020 Posted in Business Advice & Disputes
Gavel
My way or the highway: repudiation, cancellation and dispute resolution clauses
In Jade Residential Ltd v Paul, the Court of Appeal reviewed two issues which may arise in contractual disputes: The right to cancel a contract for “partial” repudiation; and Whether an aggrieved...
19.11.2020 Posted in Construction & Disputes & Property
Making up the shortfall: Interim injunction requiring retentions in a separate trust account
In a recent High Court decision,[1] Hanlon Plumbing Limited (Hanlon) successfully obtained an interim injunction on a without notice basis requiring Downey Construction Limited (Downey) to pay retenti...
16.11.2020 Posted in Construction
Proposed Reforms to Building Act and Regulations
There are major changes to the Building Act on the horizon that will impact the entire construction sector including manufacturers, builders, building consent authorities, consultants and many others ...
06.11.2020 Posted in Construction & Disputes
contracts flying
Is a Contract a Contract (if a Court says it’s not)?
Savvy Vineyards 4334 Ltd v Weta Estate Ltd [2020] NZSC 115
06.11.2020 Posted in Business Advice & Disputes
D&O INDEMNITY AND INSURANCE UPDATE: A ‘HARD MARKET’
D&O Indemnity And Insurance Update: A ‘Hard Market’
05.11.2020 Posted in Business Advice & Insurance
Contract stock edit e
4 million reasons for a tailored Shareholders’ Agreement: Dold v Murphy
The Court of Appeal’s recent decision in Dold v Murphy highlights the importance of having an appropriate Shareholders’ Agreement in place.
21.10.2020 Posted in Business Advice
Congratulations opt
Hesketh Henry announces new managing partner
We are very pleased to announce the appointment of Christina Bryant as our new managing partner.
09.10.2020
Supreme Court forecast – storms ahead for directors
On 24 September 2020, the Supreme Court released its long-awaited decision in the case of Debut Homes Ltd (In Liquidation) v Cooper [2020] NZSC 100.
rsz compliance regulations procedures
Is this Organic? Proposed Regulation of Organic Product Claims
The Organic Products Bill, which is currently at the Select Committee stage, proposes to introduce a regime to regulate claims made by businesses that products are organic (known as making an “organ...
06.10.2020 Posted in Business Advice
Law Scales e
Government calls time on Dodds litigation
Southern Response Earthquake Services Limited v Dodds [2020] NZCA 395
25.09.2020 Posted in Disputes & Insurance
Privacy Act 2020: new obligations to report privacy breaches
The Privacy Act 2020 creates a new requirement to report serious privacy breaches, as from 1 December 2020. 
25.09.2020 Posted in Business Advice & Employment & Regulatory
marine
Entitlement to Indemnity under Marine Transit Insurance
The decision of the Full Federal Court of Australia in Swashplate Pty Ltd v Liberty Mutual Insurance Company trading as Liberty International Underwriters addresses the issue of when risk attaches pur...
16.09.2020 Posted in Insurance & Trade and Transport
Singapore Convention comes into force
The Singapore Mediation Convention has now entered into force, creating a comprehensive framework for the enforcement of international mediation settlement agreements.
16.09.2020 Posted in Disputes & Trade and Transport
Salisbury Street Victory
On 10 September 2020, Osborne J delivered the long-awaited judgment in Body Corporate 335089 v Vero Insurance New Zealand Ltd and Body Corporate 341154 v Vero Insurance New Zealand Ltd.[1]  The judg...
16.09.2020 Posted in Insurance
Reception
The City’s Breaking and Everybody’s Shaking
Climate change and its effect on contract risk in the construction industry
14.09.2020 Posted in Construction
Construction’s Insolvency Predicament: Cooper, Mainzeal and Reckless Trading
Insolvency events have become common place in the construction industry in recent years. In particular, a focus has been investigating whether directors allowed their insolvent company to engage in re...
Legal Scales e
Fresh guidance on payment schedule requirements
Payment schedule in Commercial Bay project fails to comply
28.08.2020 Posted in Construction
COVID-19: Who Takes the Pay Hit When There is Little or No Work During Lockdown?
The COVID-19 situation is a rapidly changing beast. 
18.08.2020 Posted in Business Advice & Employment
Redundancy edit
COVID-19 Redundancies: Cutting Corners Courts Censure
The Employment Relations Authority (Authority) has recently issued a determination that considers redundancies implemented due to the Government’s COVID-19 restrictions:  De Wys and Jenney v Solly...
13.08.2020 Posted in Employment
Insurance
Losses caused by 2011 earthquakes not a “series of losses”
Moore v IAG New Zealand Limited [2020] NZCA 319
12.08.2020 Posted in Insurance
Cancelled Plans and Future Liabilities: A post lockdown annual holidays FAQ
COVID-19 has not only hit many employers hard in terms of economic impact, it has also confronted employers with many employment challenges that require urgent attention.
04.08.2020 Posted in Business Advice & Employment
Construction
A high bar to set aside statutory demands to enforce adjudication determinations under the Construction Contracts Act 2002
The “pay now argue later” principle underpins the Construction Contracts Act 2002 (CCA).  The recent decision of C&R Property Development Ltd v MR Civil Ltd confirms the importance of this pr...
31.07.2020 Posted in Construction
Design life in the spotlight
Blackpool Borough Council v Volkerfitzpatrick [2020] EWHC 1523 (TCC) In 2009, Blackpool Borough Council (Principal), as principal, contracted with Volkerfitzpatrick Ltd (Contractor), as head contracto...
10.07.2020 Posted in Construction & Disputes
Force majeur
COVID-19 and the Future of Force Majeure
Not since Y2K have force majeure clauses been of so much focus.
24.06.2020 Posted in Business Advice & Trade and Transport
Shareholder Agreements:  The Corporate “Pre-nup”
You’ve got a great idea for a business and you’re pumped to get to work. 
23.06.2020 Posted in Business Advice
Business
Wake Up Call for #Influencer Marketers
A recent decision by New Zealand’s Advertising Standards Authority (“ASA”) concerning a sponsored Instagram story posted by a well-recognised New Zealand personality, serves to remind all partie...
12.06.2020 Posted in Business Advice
Construction
COVID-19: Weekly Construction Briefings
12 June 2020 New Zealand has moved into Alert Level 1 from 8 June 2020. While this means that life has largely returned to normal, as physical distancing and other restrictions have been removed, upd...
12.06.2020 Posted in Construction
Liquidated damages and penalty clauses: the last word on Honey Bees
The Supreme Court’s judgment in 127 Hobson Street Limited & Anor v Honey Bees Preschool Limited & Anor [2020] NZSC 53 confirms the test for determining when a clause in a contract designed t...
10.06.2020 Posted in Construction
Construction
Retentions Regime: Government Announces Changes
On 27 May 2020 the Government announced several in-principle changes to strengthen the retentions regime (Regime) in the Construction Contracts Act 2002 (the CCA). Despite the Regime’s introduction ...
04.06.2020 Posted in Construction
COVID-19: Considerations for trustees
Navigating Uncertain Times for Trustees – considerations in light of Coronavirus
04.06.2020 Posted in Private Wealth
Adjudicators’ Powers: The ability to award statutory damages and to consider matters already determined
Adjudication under the Construction Contracts Act 2002 (CCA) is a commonly used procedure to determine disputes between parties to a construction contract.  The recent decision of the High Court in H...
02.06.2020 Posted in Construction
Phone bw
The new Privacy Act: What will this mean for your Business?
The long awaited reform to New Zealand privacy law is currently making its way through the final stages in Parliament, and is expected to become law on 1 November 2020. The Privacy Bill (which when en...
25.05.2020 Posted in Business Advice & Employment
Payment schedule dispute causes delay to Commercial Bay completion
The recent judgment in Fletcher Construction Company Ltd v Spotless Facility Services (NZ) Ltd [2020] NZHC 780 and 871 demonstrates the Court’s pragmatic approach to injunctive relief against a subc...
20.05.2020 Posted in Construction
COVID-19 – Contact Tracing – Health and Safety and Privacy.  Think! and save us all.
As we slowly venture out into the world, we have noticed some businesses have adopted questionable contact tracing practices.  Businesses need to Think! about the competing obligations they are opera...
19.05.2020 Posted in Employment
Budget 2020: $4 Billion Business Support Package
Yesterday Hon Grant Robertson delivered Budget 2020, which he called “the most significant financial commitment by a New Zealand government in modern history”. The Budget establishes a $50 billio...
15.05.2020 Posted in Business Advice
COVID-19: OIO Update
Government fast-tracks new measures during COVID-19 crisis
14.05.2020 Posted in Business Advice & Foreign Investment
Gavel
Lifting the roof on director’s duties
First prosecution for serious breaches of director’s duties under the Companies Act.
COVID-19: Industries interrupted: A call for clarity in respect of Business Interruption Cover
Understandably, businesses worldwide are looking for financial support to offset losses flowing from the restrictions governments have placed on how we can conduct business as part of global and local responses to control the spread of COVID-19.
13.05.2020 Posted in Business Advice & Insurance
Budget 2020: “Far from business as usual”
This week brings a cascade of significant events.
13.05.2020 Posted in Business Advice
employment law small
Contractor or Employee? The decision in Leota v Parcel Express Limited
The legal distinction between contractors and employees can sometimes be a fine one. Being an employee, rather than a contractor, is generally (and in most cases) advantageous to the worker as it prov...
12.05.2020 Posted in Business Advice & Employment
Law Scales e
When sparks fly: Electrix v Fletcher Construction
The High Court[1] has ordered The Fletcher Construction Company Ltd (Fletcher) to pay one of its subcontractors Electrix Ltd (Electrix) $7.5m for electrical work carried out on the recently completed ...
09.05.2020 Posted in Construction
Contract uncertainty leaves room to resist statutory demand: Mega Projects v Orewa Developments
Last week, the Court of Appeal issued its decision in Mega Project Holding Ltd v Orewa Developments Ltd [2020] NZCA 111
Insolvency
COVID-19: Insolvency Law Changes
On Tuesday afternoon the government introduced legislation to implement the changes to the Companies Act 1993 (the Act) it announced in early April.  These changes are intended to assist companies to...
COVID-19: Extension of Leave Support Scheme for “At Risk” Workers
On 24 April 2020 and with a shift to Alert Level 3, the Government has announced that the COVID-19 Essential Workers Leave Support Scheme has been extended to cover “non-essential” workers who are...
04.05.2020 Posted in Business Advice & Employment
Construction
Administration of Retentions Trust: Oorshot v Corbel Construction
In 2018 the decision of Bennet & Ors v Ebert Construction Limited (in rec and liq) [2018] NZHC 2934 (Ebert) established an important precedent for the administration of retentions under constructi...
Distance
COVID-19: Health and Safety at Level 3
Alert Level 3 is upon us.
24.04.2020 Posted in Business Advice & Health & Safety
COVID-19: It’s advertising as usual in New Zealand
New Zealand’s Advertising Standards Authority (“ASA”), the industry organisation responsible for the self-regulation of advertising content and placement across all media in New Zealand, has emp...
23.04.2020 Posted in Business Advice
Extension of unfair contract terms regime to small trade contracts
New Zealand’s Fair Trading Act (“FTA”) currently prohibits the inclusion or use of terms that have been declared to be an “unfair contract term” in standard form consumer contracts.  The Fa...
23.04.2020 Posted in Business Advice
At first glance: Overseas Investment Amendment Bill (No. 2) 2020 
On 19 March 2020, the Overseas Investment Amendment Bill (No. 2) 2020 (the “Bill”) was introduced to Parliament.  The two key intentions of the Bill are to strengthen and simplify the ove...
20.04.2020 Posted in Business Advice & Foreign Investment
Force majeur
COVID-19: Contracts – Managing through lockdown and beyond
The current COVID-19 lockdown has brought many businesses to a standstill and, at the very least, interrupted all businesses.  In light of supply chain and workforce difficulties, together with the i...
20.04.2020 Posted in Business Advice
Chopper cup e
COVID-19: Yachting update
The Covid-19 pandemic has already had a significant impact on the marine industry.  In this briefing, we summarise the current situation for the yachting sector in New Zealand and the Pacific. New Ze...
20.04.2020 Posted in Trade and Transport
Cryptocurrency
High Court recognizes “property” in cryptocurrency
Introduction  Last week the High Court issued its decision in Ruscoe & Moore v Cryptopia Ltd (in liquidation) [2020] NZHC 728.  The decision is notable, being the first of its kind in New Zealan...
16.04.2020 Posted in Regulatory
COVID-19: It’s not plain sailing for yacht owners
These are challenging and uncertain times and we wanted to provide a briefing on some of the issues yacht owners may be experiencing during the current lockdown. Do you have a mortgage over your yacht...
16.04.2020 Posted in Trade and Transport
Trustee crop
Trustee Meetings Key: Duty on Trustees under the Trusts Act to consider exercising their powers
The Trusts Act 2019 ("Act") comes into force on 30 January 2021 and with it comes the partial codification of trustee duties.
16.04.2020 Posted in Private Wealth
COVID-19: Next Level:  Employment beyond Lockdown
Next Level We are almost 3 weeks into a Level 4 lock-down and a little over a week from Level 3 if all goes to plan. Now is the time to be thinking about what the next stage will look like for your bu...
14.04.2020 Posted in Business Advice & Employment
Construction contract
COVID-19: Impacts on Construction Contracts
New Zealand entered Covid-19 Alert Level 4 at 11.59pm on Wednesday 25 March.  Anyone not working in essential services is required to stay at home.  This restriction does not apply to building or co...
08.04.2020 Posted in Construction
Construction
COVID-19: Government contract guidelines for NZS3910:2013
The Government has announced contract guidelines to help support the construction industry during the Covid-19 restrictions.  These apply to contracts based on NZS3910:2013 (un-amended), being the mo...
08.04.2020 Posted in Construction
COVID-19: Temporary ‘safe harbour’ from directors’ insolvency duties
As mentioned in Hesketh Henry’s article “COVID-19: Insolvency law changes” (https://www.heskethhenry.co.nz/insights-opinion/covid-19-insolvency-law-changes/), Grant Robertson has announced that ...
COVID-19: Government signals infrastructure push for economic recovery
While New Zealanders play their part in eliminating the spread of COVID-19 by staying at home, the government has released details of its plans for the construction sector in a post COVID-19 New Zeala...
06.04.2020 Posted in Construction
Insolvency
COVID-19: Insolvency law changes
On Friday afternoon the government announced temporary changes it intends to make to the Companies Act 1993 (the Act) to assist companies facing financial stress during the COVID-19 pandemic. Summary ...
06.04.2020 Posted in Insolvency and Restructuring
Money stack
COVID-19: Business Finance Guarantee Scheme – loan applications now open
Businesses can now start applying to their banks for loans under the $6.25 billion Business Finance Guarantee Scheme (“BFGS”), set up to support small and medium-sized businesses during the COVID-...
03.04.2020 Posted in Business Advice
COVID-19: Anarchy does not rule, OK?!
Employment Issues and COVID-19 – Updated 1 April 2020
01.04.2020 Posted in Business Advice & Employment
COVID-19: Health and Safety in essential businesses
In response to the Covid-19 pandemic, New Zealand’s alert level is currently at Alert Level 4.
31.03.2020 Posted in Business Advice & Health & Safety
shutterstock
COVID-19: Business Finance Guarantee Scheme
The Government, retail banks and the Reserve Bank recently announced a major financial support package for businesses affected by the economic impacts of COVID-19. The package includes a $6.25 billion...
30.03.2020 Posted in Business Advice
COVID-19: Relief for businesses: COVID-19 Economic Response Package – updated 31 March 2020
The Government has introduced a number of key measures to reduce the impact of the COVID-19 pandemic on businesses: Wage subsidy scheme – businesses may be eligible for wage subsidies ($585.80 (gro...
25.03.2020 Posted in Business Advice
rsz be prepared
COVID-19: Advice for businesses
We have prepared the following tips for businesses to guide them through the current circumstances.  Urgent advice should be sought where cash flow problems are arising, or where contractual obligati...
rsz shutterstock
COVID-19: Employment issues -updated 24 March 2020
The COVID-19 situation is rapidly evolving, and employers need to be continually assessing and reassessing their response. This article is being updated regularly: the last update was 24 March 2020. L...
17.03.2020 Posted in Business Advice & Employment
trusts
How will the Trusts Act 2019 affect me?
The Trusts Act 2019 comes into force in less than a year
20.02.2020 Posted in Private Wealth
one against all
Workplace bullying: what it is and what steps to take
Kiwis have a reputation as being friendly, optimistic people, however many of our workplaces have an unspoken dark side: New Zealand has the second-worst rate of workplace bullying in the developed wo...
20.02.2020 Posted in Employment
Adjudication: Conflicts of Interest with Professional Advisors
The last working day of 2019 saw another judicial review of an adjudication determination (Yousseff v Maiden [2019] NZHC 3471), this time focused on conflict of interest and apparent bias.  Despite j...
11.02.2020 Posted in Construction & Disputes
Take Care with Beneficiary Loan Accounts in Credit
It is common for family trusts to resolve that a distribution be made to beneficiaries but the actual amount paid to the beneficiaries is less than the authorised “distribution”.  In the ...
04.02.2020 Posted in Private Wealth
Employment
Employment Law Workshop: Medical Incapacity 4 March 2020
Workshop - 4 March 2020
29.01.2020
employment law books
Do you really need a Fixed Term Agreement? Really really?
Most of us (and especially lawyers) like certainty.  Experience tells us however that there is nothing as uncertain as a sure thing.  Frequently, we speak to employers that are tempted to use fixed ...
28.11.2019 Posted in Employment
New National Interest Test Proposed for New Zealand’s Overseas Investment Rules
The New Zealand Government has recently announced yet more proposed changes to New Zealand’s overseas investment rules to be introduced early next year.
27.11.2019 Posted in Foreign Investment
law scale
ACP Cladding Update – Class Action Proposed
Media reports indicate that class action litigation in relation to ACP cladding is very likely.  A litigation funder has announced it will be funding a class action lawsuit for owners of buildings cl...
27.11.2019 Posted in Construction & Disputes
Complaints are on the rise: A snapshot of complaints made to the Commerce Commission
The Commerce Commission (Commission) has recently released a snapshot of the complaints it has received in the year to 30 June 2019.  A copy of the Commission’s report can be viewed here. The snaps...
25.11.2019 Posted in Regulatory
law scale
Unfair Contract Terms: High Court issues its first declaration
On 12 November 2019 the High Court issued its first declaration under the Fair Trading Act 1986 (FTA) that terms in a standard form consumer contract are unfair.[1]  The Commerce Commission (Commiss...
14.11.2019 Posted in Regulatory
employment law books e
Who is working when? Public holidays and ‘otherwise working days’
With Labour Day just around the corner, and Christmas/New Year looming, we are getting a few questions about the “otherwise working day”.
24.10.2019 Posted in Employment
trusts
A trust on a trust – how strange is that?
In New Zealand we are trust crazy and owning a home in trust is common place. For many, just as for Mr Hodgkinson in Judd v Hawkes Bay Trustee Company Limited [2016] NZCA 397, the trust has been set u...
21.10.2019 Posted in Private Wealth
M&A Update – Warranty & Indemnity Insurance
This year we have seen strong private M&A activity and the use of warranty and indemnity (“W&I”) insurance in a number of transactions. W&I insurance is a specialist insurance product ...
18.10.2019 Posted in Business Advice & Insurance
Ending Employment – Process is Key!
Even when employment has lasted for a very short time, an employer is still required to follow the law, and the consequences of failing to comply can end up being very significant.  So it was for a C...
26.09.2019 Posted in Employment
law scale
New Era for International Dispute Resolution?
A common issue for New Zealand companies engaging in international trade and dealing with foreign counterparties is how and where to resolve disputes and ensuring payment is received when the dispute ...
17.09.2019 Posted in Disputes & Trade and Transport
Court of Appeal considers the law on notice during a Trial Period… are we all clear now?
In Ioan v Scott Technology NZ Limited, the Employment Court looked at the requirement to give notice during a trial period termination under the Employment Relations Act 2000 (Act). Mr Ioan’s employ...
04.09.2019 Posted in Employment
marine
Getting the Deal Through: Shipping
Getting the Deal Through works with many of the best lawyers and law firms in the world
03.09.2019 Posted in Trade and Transport
Could a Health and Safety Breach Mean Jail Time?
In August 2019, a United Kingdom judgment imposed a custodial sentence on a site supervisor who was involved in breaches of the Health and Safety at Work Act 1974 (UK Act) that caused the death of a w...
28.08.2019 Posted in Health & Safety
Stop Press: “It was pure luck that nobody was killed”
Earlier this month, we set out an overview of the Health and Safety at Work Act 2015 (HSWA) as it applies to landlords and tenants. On 23 August 2019, the first sentencing decision involving a landlor...
28.08.2019 Posted in Health & Safety
Construction
Compliance Risks in the Construction Industry
Between 2016 and 2022, demand for construction-related occupations is projected to increase by approximately 56,000 employees. Temporary workers provided by third party labour hire agencies have long ...
15.08.2019 Posted in Construction & Employment
Property
Fail to Plan, Plan to Fail: Leasing and Health and Safety
Fail to Plan, Plan to Fail:  Leasing and Health and Safety When the Health and Safety at Work Act 2015 (HSWA) came into force over 3 years ago as part of the Government’s strategy to reduce serious...
13.08.2019 Posted in Health & Safety & Property
Construction
Getting the Deal Through: Construction 2020
Hesketh Henry Construction Partners pen the 2020 Chapter of "Getting the Deal Through Construction".
07.08.2019 Posted in Construction
TLR Accred blue
The Shipping Law Review 2019 – Edition 6
Hesketh Henry's marine team pen the New Zealand Chapter of The Shipping Law Review 2019.
31.07.2019
Xu v IAG New Zealand Ltd [2019] NZSC 68
The Right to Replacement: It’s Personal
22.07.2019 Posted in Insurance
privatewealth  v
Hesketh Henry’s Private Wealth Team are leading the way
"Dynamite Lawyers" as quoted in the new Chambers HNW directory for 2019
16.07.2019 Posted in Private Wealth
Construction
MBIE & STANDARDS NZ
Recent updates to the Building Code Framework
05.07.2019 Posted in Construction
Improvements to the overseas investment regime could be on their way…
Certain features of the Overseas Investment Act 2005 (“Act“) that have caused frustration in the past could be set to change. The Act is currently in the midst of a two stage review.  The...
05.07.2019 Posted in Business Advice & Foreign Investment
Give me a break… Managing Rest and Meal Breaks
From 6 May 2019, the statutory regime around rest and meal breaks in the Employment Relations Act (Act) has returned to a prescriptive approach.  The changes replace the more flexible provisions that...
05.07.2019 Posted in Employment
Law book image edit
Winter Insurance Update
Welcome to our winter insurance update - June 2019
03.07.2019 Posted in Insurance
Contract stock edit e
What must be in an individual employment agreement to comply with legislation? You might be surprised!
Most employers know that an individual employment agreement (IEA) must be in writing and that they are required to retain a signed copy (or the current terms and conditions of employment that make up ...
18.06.2019 Posted in Employment
Employment Relations (Triangular Employment) Amendment Bill
You may have heard the phrase “triangular employment relationship” thrown around, particularly in the media. Although it sounds complicated, the phrase refers to a common employment relationship, ...
21.05.2019 Posted in Employment
Law book image edit
Employment Law Changes – Today is the Day!
Today is the 6th of May - are you ready?!  
06.05.2019 Posted in Employment
Employment
Hesketh Henry – Employment Law Workshops
During 2019, Hesketh Henry’s Employment Law Team will present exclusive training opportunities to help employers navigate tricky workplace issues. Our employment law workshops have been established ...
29.04.2019
Reception
The PPSR Files: Diarise your expiry dates!
Late last year, the Personal Property Securities Register (“PPSR”) upgraded its interface to a more user-friendly platform. However, some things have not changed. You will still not be notified by...
10.04.2019 Posted in Business Advice
Payment Claims and Payment Schedules
The Payment Claim / Payment Schedule regime in the Construction Contracts Act 2002 (CCA) can be a powerful tool in assisting cashflow in the industry.  Please click here for a practical explanation o...
08.03.2019 Posted in Construction
A million reasons for Rangatira to be bitter about the Tuatara earn-out
The Court of Appeal’s decision in The Malthouse Ltd v Rangatira Ltd highlights some of the risks with earn-out arrangements and, in contrast to recent High Court rulings, illustrates a more traditio...
06.03.2019 Posted in Business Advice
Don’t Let Your Guard Down
The risks arising from the use of unguarded machinery are well-known to the point of being blindingly obvious.  The measures to ensure the safe operation of machinery are usually straightforward.  W...
19.02.2019 Posted in Health & Safety
Construction
CONSTRUCTION CONTRACT REFORM: Ten Guidelines the Government could Adopt
“We need to lead by example and if there are things that we can do to take a leadership position with that industry then we should be.” Prime Minister Ardern[1] As 2018 draws to a close a...
21.12.2018 Posted in Construction
Nearly there! Only a few days of 2018 left!
Just a quick note from the Hesketh Henry Employment team about what’s on the horizon:
18.12.2018 Posted in Employment
When did you last have your Ts & Cs reviewed?
The Commerce Commission recently announced that, after its investigation of jeweller Michael Hill Limited, the company was fined $169K for breaching its obligations in relation to the extended warrant...
13.12.2018 Posted in Business Advice
employment law books e
Time for Change (again!)
The winds of change are once again blowing through the employment law landscape.
10.12.2018 Posted in Employment
marine
Summer Maritime Update
Welcome to our summer maritime update - November 2018
27.11.2018 Posted in Trade and Transport
pina messina  unsplash
Employment Litigation Costs: In for a penny, in for a pound?
Vindication is frequently offered as a motivation for litigation.
26.11.2018 Posted in Disputes & Employment
Ebert Construction: Court provides Guidance on the Retentions Trust Regime
Following our previous updates (Ebert Construction Receivership – What You Need to Know and Ebert Construction – Receivership and Liquidation), on 12 November 2018 the High Court ordered that the ...
LIQUIDATED DAMAGES
When Actual Delay Losses Exceed Liquidated Damages
14.11.2018 Posted in Construction
Employment
So long, farewell, auf wiedersehen, goodbye…
When the employment relationship comes to an end, for whatever reason, there are still a few boxes to be ticked. So what needs to be done before you can bid each other a (hopefully) fond farewell?
05.11.2018 Posted in Employment
WorkSafe v Athenberry Holdings Ltd: The Competent Contractor?
Defining health and safety duties in a contracting situation is rarely straightforward.
01.11.2018 Posted in Health & Safety
Erich Bachmann
Managing Partner Honoured with German Award
Erich Bachmann, the Managing Partner of Auckland based commercial law firm Hesketh Henry, has been awarded the Cross of the Order of Merit with Ribbon of the Federal Republic of Germany (Verdienstkreu...
30.10.2018
Construction
Building and Construction Law Journal
Construction partner, Nick Gillies, has been published in the latest Building and Construction Law Journal ((2018) 34 BCL 179).
18.10.2018 Posted in Construction
EBERT CONSTRUCTION: RECEIVERSHIP AND LIQUIDATION
Introduction Following our Initial Note, the receivers of Ebert Construction Ltd (Ebert) released their first report on 1 October 2018.  Then, on 3 October 2018, Ebert put itself into liquidation, wi...
health safety
Pruning Back Liability: Do Contractual Arrangements Hold the Key?
The first defended hearing under the Health and Safety at Work Act 2015 (HSWA), WorkSafe v Athenberry Holdings Ltd, required the District Court to consider the ability of a business (a PCBU) to influe...
09.10.2018 Posted in Health & Safety
IAKL
Negotiating The Best Incentives For Korean Companies
Hesketh Henry Special Counsel, Hak Jun Lee  recently presented at the 2018 IAKL conference on “ Negotiating the best incentives for Korean companies “. The topic included:  Current trends f...
09.10.2018 Posted in Foreign Investment
Employment Law Team – Some exciting changes
The Employment Law team at Hesketh Henry is thrilled to welcome Jodi Sharman back from parental leave.  Jodi is excited to be back at her desk.  We are also happy to announce that Sam Houliston has ...
25.09.2018 Posted in Employment
DSC
LexisNexis Foreign Investment Law Guide 2018-2019
Hesketh Henry has authored the New Zealand chapter of the LexisNexis Foreign Investment Law Guide 2018-2019, a guide for foreign investors interested in doing business in New Zealand. The chapter prov...
25.09.2018 Posted in Foreign Investment
Construction
Getting the Deal Through: Construction 2019
Partners Nick Gillies, Helen Macfarlane and Christina Bryant are the contributing authors of the New Zealand Chapter of the 2019 edition of “Getting the Deal Through Construction”. Getting...
19.09.2018 Posted in Construction
UAE COMPANIES LAW UPDATE
New Zealand businesses looking to establish a foothold in the UAE have many options
10.09.2018 Posted in Trade and Transport
When You Can’t Have it Your Way
Antares Restaurant Group Limited (which owns and operates Burger King in New Zealand) has received a whopper of a sanction – a ban on the company supporting visa applications until July next year.
04.09.2018 Posted in Employment
marine
Getting the Deal Through: Shipping 2019
The Marine team at Hesketh Henry have again contributed to Getting the Deal Through: Shipping 2019.
30.08.2018 Posted in Trade and Transport
A Guide to Concurrent Delay
Hesketh Henry was pleased to host the New Zealand Institute of Quantity Surveyors on 14 August 2018, where one of our construction partners, Nick Gillies, presented on concurrent delay.  The same pre...
22.08.2018 Posted in Construction
Update – New Zealand’s New Biofouling Standards
New Zealand has introduced a new standard requiring all vessels to have a “clean hull” on arrival in the country after 15  May 2018.[1]  The objective is to minimise the introduction of ...
21.08.2018 Posted in Trade and Transport
health safety
No Longer Stumped: The Health and Safety at Work Act 2015 Sentencing Guidelines
The High Court at Auckland has released its first and much-awaited decision under the Health and Safety at Work Act 2015 (HSWA).
21.08.2018 Posted in Health & Safety
Sanctions Update: Iran
In May the United States announced the re-imposition of sanctions in relation to trade with Iran
16.08.2018 Posted in Trade and Transport
Stressful‽ Mental Health Risks in Performance Management
Employers are often met with complaints of bullying and stress as soon as performance management commences.
09.08.2018 Posted in Employment
Construction
EBERT CONSTRUCTION RECEIVERSHIP – What You Need To Know
What is currently known? On 31 July 2018 Ebert Construction Ltd (Ebert) was placed into receivership.  John Fisk, Lara Bennett, and Richard Longman from PwC have been appointed receivers.  The recei...
Hesketh Henry Ranked in the new Chambers and Partners HNW (High Net Worth) Guide
We are pleased to announce that the prestigious Chambers and Partners HNW Guide have ranked partner Mary Joy Simpson and the firm in the first Chambers HNW section devoted to the New Zealand private W...
02.08.2018 Posted in Private Wealth
Reception
Top ten reasons to pimp your terms (Spoiler alert: The law is only one of them)
Whatever business you’re in, your customer terms and conditions are fundamental and foundational.
30.07.2018 Posted in Business Advice
Domestic Violence – Victims’ Protection Act 2016
On 25 July 2018 the Domestic Violence – Victims’ Protection Bill passed its third reading in parliament. The resulting Domestic Violence – Victims’ Protection Act 2016 will come into force on 1 April 2019.
30.07.2018 Posted in Employment
Contractor, Worker, Employee: The Gig Economy Gets a Judicial Serve
The UK Supreme Court’s recent decision about a plumber could influence how our own courts classify workers held out as contractors and workers for app-based companies like Uber.
26.07.2018 Posted in Employment
The Shipping Law Review
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review
26.07.2018 Posted in Trade and Transport
Updated Subcontract Agreement: SA-2017
The SA-2009 form of Subcontract Agreement is commonly used in the construction industry. It has undergone a review and a new SA-2017 form has been produced.
03.07.2018 Posted in Construction & Health & Safety
legal agreement
Distribution Agreements – 6 Key Considerations
While the exact nature and terms of a distribution agreement will vary between industries and jurisdictions, these 6 issues will always be important.
28.06.2018 Posted in Business Advice
Continued Importance of IP Protection for Manufacturers
The Ministry of Business, Innovation and Employment (MBIE) has recently released a report which identified key trends and challenges for the manufacturing sector.
28.06.2018 Posted in Business Advice
Construction
CONSTRUCTION LAW UPDATE – JUNE 2018
Recent Construction Law Decisions and Developments in New Zealand
18.06.2018 Posted in Construction
Construction
Updated Standard Consultancy Agreements
Two of the most commonly used standard agreements to engage consultants are the ACENZ / Engineering New Zealand (formerly IPENZ) Short Form Agreement (“SFA”) and the Conditions of Contract for Consultancy Services (“CCCS”).
05.06.2018 Posted in Construction
Managing Employees’ Mental Health Issues
Ministry of Health statistics confirm that during 2016, 169,454 people accessed mental health services in New Zealand. The law of averages suggests that most workplaces will – to a lesser or greater degree – be affected at some time by an employee’s mental health issue.
31.05.2018 Posted in Employment & Health & Safety
Managing Medical Incapacity: Enough To Make You Feel Sick?
Managers and HR practitioners often tell us that dealing with employees who are genuinely too sick or injured to work is one of their least favourite tasks. Frankly, we can see why.
31.05.2018 Posted in Employment
Construction
Managing Risk and Dispute Resolution in Construction Projects ….
The best way to manage a dispute is not to have one.
23.05.2018 Posted in Construction & Disputes
Leaking Buildings: A Council Class Action In The Making?
We are now on what may be called the “third wave leaky buildings”.
23.05.2018 Posted in Construction & Disputes & Property
Hesketh Henry Employment Team to Present at the 5th Annual ‘Managing Ill & Injured Employees’ Masterclass
The Hesketh Henry Employment team have been invited to present at the 5th annual 'Managing ill & injured employees masterclass in Wellington on 24th July and Auckland on Monday, 30th July 2018.
10.05.2018 Posted in Health & Safety
health safety
Health and Safety at Work Act, Two Years On: Once Bitten, Twice Shy?
April 2018 marks two years since the Health and Safety at Work Act 2015 (HSWA) came into force.
20.04.2018 Posted in Health & Safety
Trial Period Redux, Comparative Guide and Important Changes Last Week
Confusion continues to reign supreme in the application of trial periods.
10.04.2018 Posted in Employment
We need to talk about the Engineer
Members of Hesketh Henry's specialist construction team have been busy presenting papers at a number of recent industry conferences on various topics of interest
05.04.2018 Posted in Construction
Phone bw
The Tweet you don’t want to see …..
Finding out you've been fired from your high profile job via the internet seems insensitive
29.03.2018 Posted in Employment
marine
Maritime Update February 2018
Welcome to our summer maritime update
21.02.2018 Posted in Trade and Transport
Don’t make it worse … notify WorkSafe
Our message to you – if there is an incident or event that needs to be notified to WorkSafe, for heaven's sake, notify it!
20.02.2018 Posted in Health & Safety
Hanging out for Easter? What you need to know if you are in retail.
Shops can now open on Easter Sunday
09.02.2018 Posted in Employment
employment law books e
Employment Law: the only constant is change…
Proposed changes to the Employment Relations Act 2000 (ACT)
26.01.2018 Posted in Employment
Reception
Hesketh Henry Recommended in The Legal 500 Directory as a Leading Firm in 2018
Firm receives recommendations and commentary in 2018 Legal Directories
Recent case finds that lack of a resident director isn’t immediately fatal
A New Zealand company needs at least one resident director
24.11.2017 Posted in Business Advice
Maritime Update November 2017
Welcome to our spring maritime udate
21.11.2017 Posted in Trade and Transport
marine
Getting the Deal Through: Shipping
Getting the Deal Through works with many of the best lawyers and law firms in the world
10.10.2017 Posted in Trade and Transport
Your will is your way?
Preparing a will means that a person can be reassured that on their death, their assets will be distributed according to their wishes
23.08.2017 Posted in Private Wealth
Wills
The importance of ensuring your will is up-to-date
You should review your will every five years
21.07.2017 Posted in Private Wealth
employment law books e
Holidays Act: Help has arrived!
We are thrilled to announce that the first part of Holidays Act 2003: Guidance on annual holidays and related provisions has now been published
03.07.2017 Posted in Employment
Construction
Construction Law Update – May 2017
Recent Construction Law Decisions and Developments in New Zealand
22.05.2017 Posted in Construction
Trial Period Notice – What Notice?
If you are planning on terminating under a trial period, we strongly suggest that you seek legal advice first
12.05.2017 Posted in Employment
Phone bw
Insurance Case Law Update April 2017
Our Insurance Law team has written a new publication for LexisNexis, known as Insurance Practical Guidance.  This is the first on-line insurance law product of its kind in New Zealand. This update pr...
18.04.2017 Posted in Insurance
trusts
Is an Inheritance Trust Worthwhile?
How can parents protect the inheritance they will provide their children
21.03.2017 Posted in Private Wealth
Criminal Law and Employment Law – when worlds collide
The obligation an employer has to be open and honest to its employees, active and constructive, responsive and communicative and not to mislead or deceive, is the exact same set of obligations that employees owe to their employer
16.02.2017 Posted in Employment
You’re fired! Summary Dismissal – Do I still need a process?
Summary dismissal, that is, dismissal without notice, may arise in relation to serious misconduct, and sometimes where misconduct is repeated
08.02.2017 Posted in Employment
Wait, so Christmas Day follows Boxing Day this year!
Transferring public holidays
20.12.2016 Posted in Employment
A Historic Section Revived
The Supreme Court decision of Clayton v Clayton has given new insight into the operation of section 182, Family Proceedings Act 1980
24.11.2016 Posted in Private Wealth
Reception
Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Recognised in Legal 500 Asia Pacific 2017 Legal Directory
What type of employment relationship do you have? Are you using the right employment agreement?
Which type of employment agreement should you be using?
02.11.2016 Posted in Employment
Clarification of retentions requirements for construction contracts
The retentions regime comes into force on 31 March 2017
25.10.2016 Posted in Construction
Insurance Case Law Update September 2017
September 2016 Our Insurance Law team has written a new on-line publication for LexisNexis, known as “Insurance Practical Guidance“.  It is the first on-line insurance product of its kind...
19.09.2016 Posted in Insurance
Bridge
Enforcement of Damages in Adjudication
Does a significant factual dispute preclude summary judgement?
19.09.2016 Posted in Construction
A Word of Warning
What is a formal warning?
07.09.2016 Posted in Employment
Consultants – Are you ready?
How will the changes to the Construction Contracts Act 2002 affect you?
23.08.2016 Posted in Construction
Employment
Who ya gonna call?
With the new Health and Safety at Work Act 2015, the rules around notifications have changed.
03.08.2016 Posted in Health & Safety
Bridge
Gotta catch ‘em all? What does Pokémon Go mean for the employment relationship?
Messing around on company time, using the employer's stuff for your own benefit, and taking sickies are issues as old as employment law itself.
25.07.2016 Posted in Employment
Bridge
First judgment on whether a director “lives in” New Zealand
The Companies Act gives no guidance on how to determine whether a director will pass the Residency Requirement in New Zealand.
25.07.2016 Posted in Business Advice
Bridge
Discrimination in the workplace – here we go again!
Just a quick refresher on discrimination.
19.07.2016 Posted in Employment
“Hallelujah, I’m free!” Exiting a multi-owner SME – the importance of a Shareholders’ Agreement
A Shareholders' Agreement is a contract between a company's owners which should regulate the way the business operates and how owners deal with each other.
19.07.2016 Posted in Business Advice
Do you know your CCC’s? Duty to Consult, Co-operate and Co-ordinate with other PCBUs
Consultation, Co-operation and Co-ordination - what you need to know
10.06.2016 Posted in Health & Safety
Employment
Payroll 3 – Compliance
Compliance with the Holidays Act is paramount, but that is closely followed by compliance with any collective agreement and then individual employment agreement.
20.04.2016 Posted in Employment
Deductions for Unworked Notice
An employer can deduct a sum equivalent to the salary for the unworked period from the employee's final pay. However, there are two cautionary notes:
06.04.2016 Posted in Employment
Employment
Payroll 2 – The Labour Inspectors are Coming
What are Labour Inspectors meant to do?
05.04.2016 Posted in Employment
Update – Rent Reviews……..What Can Tenants Do?
If you wish to dispute the market rent proposed by the landlord, you may wish to consider what evidence you need to substantiate your alternative proposed market rent.
29.03.2016 Posted in Property
Employment
Payroll 1 – Your Next Nightmare
This is the first of three newsletters focused on payroll compliance.
21.03.2016 Posted in Employment
Employment
Employment Law Changes – what you need to know about the latest round of amendments
We have set out the most significant changes
14.03.2016 Posted in Employment
Investment Properties Vulnerable to Relationship Property Claims
It is important to understand that if the Property (Relationships) Act applies
18.02.2016 Posted in Disputes & Private Wealth
Employment
Abandonment of Employment: wish you were here…
When an employee leaves work in dramatic fashion, it is important (from both a legal and practical perspective) to try and clarify the employee's intentions, so you all know where you stand.
04.02.2016 Posted in Employment
Construction
The Construction Landscape in New Zealand
It is now widely accepted that New Zealand is in the midst of the largest construction boom in 40 years.  For anyone working in or providing professional services to the construction sector, it is im...
22.12.2015 Posted in Construction
Reception
Insurance Case Law Update December 2015
In this insurance law update, we summarise significant decisions released in the second half of 2015.
17.12.2015 Posted in Insurance
Building Product Manufacturers and Duties of Care
Carter Holt Harvey Ltd v Minister of Education & Ors [2015] NZCA 321 Last year the High Court[1] refused to strike out a negligence claim that a designer, manufacturer and supplier of building m...
10.12.2015 Posted in Construction
Avoiding and Resolving Construction Disputes
Regrettably, building and engineering is prone to disputation.  As New Zealand moves through a period of significant construction activity, the risk of claims is likely to rise.  High demand combi...
17.11.2015 Posted in Construction
Is Your Home Held in a Family Trust? – The New Tax Changes Affect You!
The Government’s announced law changes dealing with taxation of property came into effect on 1 October 2015 and will have a significant impact on all property owners who hold their family home in a ...
28.10.2015 Posted in Business Advice & Private Wealth
Selecting and Tailoring Dispute Resolution Clauses
  Dispute resolution clauses are often relegated to the end of contractual negotiations or standard “boilerplates” are included with little or no thought as to their appropriateness.  Frequently...
07.10.2015 Posted in Disputes
Fact or Fiction: Health & Safety Edition
Health and safety reform: a lot of attention has been given, but what’s actually changing?
15.09.2015 Posted in Health & Safety
Employment Law Changes Ahead
The Employment Standards Legislation Bill (Bill), recently introduced to Parliament by the Government, proposes a raft of changes across employment legislation.
07.09.2015 Posted in Employment
66 Bottles of Beer …
Holding a union delegate responsible for 66 bottles of beer can be discrimination.  So says the Court of Appeal.  Is discrimination the new frontier?
18.08.2015 Posted in Employment
The disciplinary dance – don’t miss a step!
Once an employer has investigated allegations of misconduct, and reached the conclusion that yes, the employee has indeed done what they were accused of, it is tempting to race to the finish line, and...
06.08.2015 Posted in Employment
Construction
Construction team features in Business North
Our construction team has been featured in the August 2015 edition of Business North, commenting on New Zealand’s current building boom.  The article outlines reasons for the increase in demand, up...
06.08.2015 Posted in Construction
Here we go again…the next steps towards the new health and safety legislation
After some 16 months of consideration, 226 submissions, and 2 extensions, the Transport and Industrial Relations Select Committee has finally released its report on the Health and Safety Reform Bill. ...
30.07.2015 Posted in Health & Safety
Enforcing Employment Standards – finally some teeth!
For a long time, enforcement of employment standards has been a bit of the proverbial slap on the hand with a wet bus ticket.   However, things are about to get quite a lot tougher for employers who...
21.07.2015 Posted in Employment
Safety – Get Your Employees Involved!
As you are no doubt aware, once again, the Health and Safety Reform Bill has been delayed, with the Select Committee now due to report back on 24 July 2015.  Rumours are swirling with regard to the r...
13.07.2015 Posted in Health & Safety
The devil is in the detail
Recently we have noticed a number of employers getting themselves in trouble when it comes to the disciplinary process.   Often, these employers will have a good idea of what the employee has done w...
06.07.2015 Posted in Employment
Insurance Case Law Update July 2015
Download full article In this update, we summarise significant decisions released in the first half of 2015. It has been a busy June, with various substantive judgments released by the High Court and ...
03.07.2015 Posted in Insurance
New Director and Disclosure Requirements for New Zealand Companies
New director residency requirements are about to be introduced for all New Zealand Companies.  These changes come into effect on 1 May 2015, with all existing companies having an additional 180 days ...
24.04.2015 Posted in Business Advice
Enforcing Employment Standards – heavy sanctions looming!
For a long time, enforcement of employment standards has been a bit of the proverbial slap on the hand with a wet bus ticket.   However, things are about to get quite a lot tougher for employers who...
10.04.2015 Posted in Employment
Mondayisation of Anzac day
The term ‘Mondayised’ sounds more intimidating than it really is.
24.03.2015 Posted in Employment
Health and Safety Fires Up!
In a first for New Zealand, a Company Director has been sentenced to a custodial sentence (four months’ home detention) following a conviction under HASIE.  His company was also fined $60,000. In a...
12.03.2015 Posted in Health & Safety
Getting the Deal Through: Construction
Download PDF Helen Macfarlane, together with Christina Bryant, Nick Gillies and Michael O’Brien are the authors of the New Zealand chapter of the 2015 edition of “Getting the Deal Through: Co...
09.03.2015 Posted in Construction
Construction
Changes to the Construction Contracts Act 2002
Introduction Since its introduction twelve years ago, the Construction Contracts Act 2002 (CCA) has become a cornerstone of New Zealand’s construction sector.  The CCA followed similar statutory in...
19.02.2015 Posted in Construction
Exciting? Not so much. Crucial? Definitely.
Wage and time records are not the sexiest or most captivating aspect of employment law.  Indeed, it is an element of HR that is easy for even the best, most diligent practitioners to forget.   Howe...
11.02.2015 Posted in Employment
A beneficiary’s right to information – what should trustees disclose?
There have been a number of recent cases where beneficiaries have gone to court to seek information about the activities of a trust of which they are a beneficiary.  The cases have helped shed light ...
03.02.2015 Posted in Private Wealth
Insurance Case Law Update December 2014
In this update, we summarise significant insurance decisions released in the latter part of 2014. Litigation arising out of the Canterbury earthquakes continues its progress through the levels of appe...
23.12.2014 Posted in Insurance
Suspension – Not as straightforward as you may think
Suspending an employee is not as straightforward as many employers may think. In this article, we guide you through the legalities in New Zealand.
02.12.2014 Posted in Employment
Redundancy Wake Up: Court of Appeal Upholds Employment Court Decision
Redundancies have been a hot-button issue over the past 18 months, with no fewer than four Employment Court decisions dealing with them.  The Court of Appeal has now weighed in, and made findings tha...
21.11.2014 Posted in Employment
Social Media: Can you be terminated for tweeting or lose your job for liking?
Businesses should take the opportunity to ensure they have a clear policy in place which outlines their position regarding social media.
12.11.2014 Posted in Employment
Once upon a time, there was a Bill…
Way way back, during the 2011 election campaign, National made a promise to amend the Employment Relations Act 2000.  Following what has proven to be a long-winded saga featuring criminal convictions...
04.11.2014 Posted in Employment
Bridge
Sun, Sand and Annual Leave
How much annual leave does an employee have and when is an employee entitled to take time off?
22.10.2014 Posted in Employment
Construction
New Zealand’s Looming Construction Boom
What is Driving the boom?
21.10.2014 Posted in Construction
When do you need to call WorkSafe?
We explain your reporting and recording obligations under the Health and Safety Reform Bill
23.09.2014 Posted in Health & Safety
Bridge
Newsflash: Trial Periods
The trials and tribulations of using a trial period are compounding with each new Authority and Court decision.   The latest wrinkle is the recent decision in Hutchison v Canon New Zealand Ltd [2014...
05.09.2014 Posted in Employment
Construction
Rebuilding New Zealand: A case for Dispute Resolution Boards
Download pdf paper Download Powerpoint slides New Zealand sits on the cusp of the largest construction boom in a generation.  One of the challenges (and opportunities) that this presents is how best ...
02.09.2014 Posted in Construction
Arbitration Act 1996 – Reconstructing the Agreement to Arbitrate
The recent stream of alternate dispute resolution methods is part of the zeitgeist where disputants are shying away from Courts and attempting to settle their differences outside the Courtroom steps. ...
09.07.2014 Posted in Disputes & Regulatory
Bridge
‘They’re Contractors Not Employees’ – Really?
How can you tell whether a person is an employee or contractor?
24.06.2014 Posted in Employment
Bridge
The Rules of the Game are Changing
Nothing says excitement quite like the rules of civil procedure.  We might laugh at that statement, but such rules are important insofar as they govern the way cases are commenced and managed through...
23.06.2014 Posted in Disputes
Bridge
Do Post Employment Earnings Attract Holiday Pay?
Is a former employee entitled to holiday pay on earnings received after they have finished work?
10.06.2014 Posted in Employment
health safety
New Workplace Health and Safety Legislation
As you might be aware, the Government is in the process of introducing new workplace health and safety legislation. The Health and Safety Reform Bill is currently before Select Committee, and is expec...
05.06.2014 Posted in Health & Safety
Bridge
Dotcom v United States of America [2014] NZSC 24
Kim Dotcom’s anticipated Political Party aspirations may have taken a hit when the Supreme Court delivered a judgment against Dotcom.  Most New Zealanders are no strangers to Dotcom and the storm o...
07.05.2014 Posted in Disputes
The New Giant – plotting the course between Admiralty and cross border insolvency rules
Admiralty proceedings against a vessel are necessarily territorial in nature. A debtor’s vessel may sail into a certain jurisdiction and be arrested and sold for the benefit of creditors who both ha...
Crystal Imports Ltd v Certain Underwriters at Lloyds of London [2013] NZHC 3513
Like Ridgecrest, Marriott and Wild South,[1] this claim concerns damage sustained by an insured property in successive earthquake events.  The question arising in all of these claims is whether the i...
28.04.2014 Posted in Insurance
Marriott v Vero Insurance New Zealand Ltd [2013] NZHC 3120
This claim, Wild South and Crystal Imports[1] all involve the application of an automatic reinstatement clause in a policy, in circumstances where the insured property sustains damage in successive ea...
28.04.2014 Posted in Insurance
Insurance Case Law Update April 2014
Download full article 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 domin...
28.04.2014 Posted in Insurance
Safety Snapshot
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 ...
28.04.2014 Posted in Health & Safety
Supply agreements, the things you should know before signing
A supply agreement should be viewed as any other binding legal contract, and should never be entered into lightly.
11.04.2014 Posted in Business Advice & Trade and Transport
INFORMATION OVERLOAD! KNOW WHAT YOU MUST DISCLOSE
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 Righ...
26.03.2014 Posted in Employment
KEEPING YOUR PROMISE: HAVE YOU MADE AN OFFER OF EMPLOYMENT THAT YOU CAN NOT KEEP?
An employment relationship commences with an offer and acceptance of employment. 
26.03.2014 Posted in Employment
Parental Leave Redundancy: Restructuring While An Employee Is On Parental Leave – A Hard Push?
When restructuring a business, it is important to pay particular attention to employees whose employment may be affected while they are on parental leave.
26.03.2014 Posted in Employment
TAKE NOTICE: YOUR GUIDE TO THE MYTHS AND LEGENDS ABOUT NOTICE
We expunge some of the myths.
26.03.2014 Posted in Employment
HEALTH AND SAFETY REFORM BILL: RISKS YOU NEED TO KNOW ABOUT
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...
26.03.2014 Posted in Health & Safety
WORKSAFE BULLYING: MISS IT AT YOUR PERIL
What is bullying, and does your workplace have a policy to address it?
26.03.2014 Posted in Health & Safety
Bridge
New District Court Rules
Download PDF Article 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 Judica...
21.03.2014 Posted in Disputes
Changes are Coming! Are You Ready?
The Employment Relations Act is changing (yes, again!).  What does this mean for you? Now that the Christmas tree has been packed away for another year and the New Year celebrations have been success...
11.02.2014 Posted in Employment
Health and Safety Changes – Directors Need To Act Now!
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 Rive...
04.02.2014 Posted in Health & Safety
Diminution of value or the cost of cure: assessing the “normal” measure of damages in leaky building claims
Download full article Johnson v Auckland Council [2013] 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.  T...
03.02.2014 Posted in Construction & Disputes & Insurance & Property
Bridge
New NZS Construction Contracts
Download full article 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...
30.01.2014 Posted in Construction
Insurance Case Law Update December 2013
Introduction As expected, the Canterbury earthquakes have resulted in a plethora of insurance litigation.  The Christchurch High Court has a dedicated earthquake list to deal with the volume of cases...
13.12.2013 Posted in Insurance
Christmas Bonuses
Christmas bonuses, annual bonuses, or quarterly bonuses that are paid shortly before Christmas may all have an impact on holiday payments. Generally speaking, if the payment is made under an employee...
03.12.2013 Posted in Employment
Gift Policies
If, as an employer, you have gifting policies, now is a good time to remind employees of their content.
03.12.2013 Posted in Employment
Christmas/Annual Closedown Periods
Employers are entitled to have a Christmas closedown – provided they customarily have had a closedown period.  Unfortunately, what constitutes “customarily” is somewhat unclear: an employer tha...
03.12.2013 Posted in Employment
Holidays
In 2013-2014, both Christmas and New Year’s Day fall on a Wednesday.  Boxing Day and 2 January 2014 both fall on a Thursday.  Accordingly, all are to be observed on the actual days they fall. Publ...
03.12.2013 Posted in Employment
Work Christmas Functions
Employers have responsibility for their staff at any work-related Christmas function.  This can potentially include client functions. Employee behaviour can stray into misconduct, particularly where ...
03.12.2013 Posted in Employment
Bridge
New Zealand Construction Report
The Government has released its Construction Report, which takes an in-depth look at the state and direction of NZ’s construction industry.  Construction is one of the largest sectors in NZ’s eco...
26.11.2013 Posted in Construction
Bridge
Pre-Employment Assessments – What You Need To Know
Can employers use ‘on the job trials’ as part of the recruitment process?  An Employment Court decision suggests the answer is ‘yes’, but there are still some pitfalls to watch out for. To av...
08.11.2013 Posted in Employment
Skeletons in the Closet – Misrepresenting Convictions
A Fonterra driver has won his unjustified dismissal case after failing to disclose previous criminal convictions in his job application. The application included a warning that a failure to disclose c...
08.11.2013 Posted in Employment
Job Application Forms and Questions – Have you been sterilised?
A job application form seems so simple, however they can be harder to make legally compliant than you might think. In the Media An extreme example recently reported by Fairfax Media was a series of ...
07.11.2013 Posted in Employment
Can you deduct from an employee’s wage? It’s not as easy as you may think.
It is a fundamental rule that employers must pay the entire amount of an employee’s wage without any deduction.  But what about PAYE, an overpayment made to the employee or if the employee owes you...
07.11.2013 Posted in Employment
Working Safer – Government’s Blueprint for Health and Safety Released
The Minister of Labour, Simon Bridges, yesterday announced the introduction of a package of health and safety reforms, which aim to make a significant dent in New Zealand’s comparatively poor rates ...
11.08.2013 Posted in Health & Safety
A Pregnant pause
A pregnant pause In March 2013, The Observer reported that: “one in seven women surveyed had lost their job while on maternity leave; 40% said their jobs had changed by the time they returned, with ...
30.07.2013 Posted in Employment
Replacement Workers – Are the times (and the law) changing?
Replacement Workers – Are the times (and the law) changing? On 13 June the Employment Relations (Continuity of Labour) Amendment Bill was drawn from the ballot of private members’ bills, meaning t...
30.07.2013 Posted in Employment
The Employment Relations Act Gets a Makeover
The Employment Relations Act Gets a Makeover In the March 2013 edition of Employment News, we mentioned that the Government was to introduce a new Bill to amend the Employment Relations Act 2000 in se...
30.07.2013 Posted in Employment
Make time for tea – do your employees take their breaks?
Most employers are now cognisant that employees are entitled to rest breaks and meal breaks during the employee’s working hours. What may not be so clear are the employer’s obligations to inform a...
11.07.2013 Posted in Employment & Health & Safety
Common Sense prevails – Court of Appeal overturns Bull and Speedy decision
Where did this start? This litigation arose out of a tragic accident on Mangaohane Station in which an employee was killed. Health and Safety Inspector Margaret Utumapu sought to interview Mr Bull and...
11.07.2013 Posted in Health & Safety
New workplace heath and safety system launched
On 1 July, a new workplace health and safety system was launched by the Ministry of Business, Innovation and Employment (MBIE). New legislation, the Health and Safety (Pike River Implementation) Bill ...
11.07.2013 Posted in Health & Safety
Bridge
Health and Safety – getting its Act together at last?
The Independent Taskforce on Workplace Health and Safety has recommended sweeping changes to just about every aspect of health and safety in New Zealand. The recommendations are for a new agency (whic...
04.07.2013 Posted in Health & Safety
Shaking it up at Fonterra
Who knew that Fonterra employees were such dedicated followers of internet trends? The dairy giant has once again found itself embroiled in employment litigation over a social media craze. Back in 201...
04.07.2013 Posted in Employment
A Lot of Ink Gets Used on Tattoos
Subject to any guidelines, agreement, or policies to the contrary, an employee is allowed to turn up to work wearing an ugly tie or with a horrific haircut. An employee’s appearance, is, within reas...
04.07.2013 Posted in Employment
Redundancy – Employer Judgement or Court Judgment?
Four recent decisions of the Employment Court have found the employers’ reasons for redundancy wanting, and have consequentially held the dismissals to be unjustified. Rittson-Thomas t/a Totara ...
04.07.2013 Posted in Employment
Must an employer offer redeployment to employees who would otherwise be redundant?
The answer is not so straightforward
04.07.2013 Posted in Employment
Leading from the front on Health and Safety – what all directors need to know
The government is committed to holding directors to account for their company’s performance in health and safety, and assisting them to understand and manage their responsibilities.
11.06.2013 Posted in Health & Safety
Pre-Employment Assessments – Employed or not Employed: that is the question
Are pre-employment assessments possible or has an employee already entered into employment?
11.06.2013 Posted in Employment
Changes at the Employment Court
Judge Barrie Travis Judge Travis, a long-serving Judge of the Employment Court in Auckland, retired at the end of 2012. A member of the Court since 1989, Judge Travis has been responsible for some of ...
08.03.2013 Posted in Employment
Government to set up new health and safety agency
The creation of a stand-alone Crown agent was a key recommendation of the Royal Commission on the Pike River Coal Mine Tragedy.  The Government has now announced that it will create this agency, and...
08.03.2013 Posted in Health & Safety
Legislation Update
Given the summer holiday, one would expect little to report in the way of proposed legislative changes to employment law.  The Government clearly didn’t get that memo!  Since November, it has anno...
08.03.2013 Posted in Employment
Court rules competing rights trump religious belief at work
Recently, the European Court of Human Rights (“ECHR”) ruled on claims brought by four applicants based upon what they saw as discrimination against them in their workplaces on the grounds of relig...
08.03.2013 Posted in Employment
KiwiSaver V Minimum Wage – It’s a Knockout!
In the recent decision of Faitala v Terranova Homes & Care Ltd, the Employment Court firmly rejected an employer’s position that it was entitled to deduct the employer’s compulsory KiwiSaver c...
08.03.2013 Posted in Employment
Tomorrow Doesn’t Work for Me, Nor Does Any Other Day – Let’s Just Not Bother: An Employee’s Refusal to Attend a Disciplinary Meeting
We are quite often asked what to do if an employee just won’t turn up to a disciplinary meeting.  Do you have to delay forever? Can you box on and hold the meeting without the employee in question?...
08.03.2013 Posted in Employment
Dismissals in the Spotlight – Employee nearly kills a colleague but gets awarded $10,000
In the first few months of 2013 we have seen numerous articles in the media reporting on cases where employees have been dismissed, including a swearing and speeding nanny and a drunk employee at a Ch...
08.03.2013 Posted in Health & Safety
Don’t Let the truth get in the way of a good story
DON’T LET THE TRUTH GET IN THE WAY OF A GOOD STORY The New Zealand Herald reported on 21 January 2013 about a manager at Independent Liquor (referred to using the Bond-esque title “Mr X”) who wa...
08.03.2013 Posted in Employment
Public Sector Changes – Protection, Control and Redundancy
The State Sector and Public Finance Reform Bill was introduced to Parliament in late August, and is currently awaiting its first reading.
26.10.2012 Posted in Employment
Employee Benefits – which Employer carries the can?
When a ‘vulnerable’ employee elects to transfer employers under Part 6A of the Employment Relations Act 2000 (“Act”), all their employment entitlements transfer with them.  The new employer b...
26.10.2012 Posted in Employment
Whats Up with Constructive Dismissal
In a matter of months the Minister of Labour has stated that she intends to review the law regarding constructive dismissal, a couple of constructive dismissal cases were reported in the media, and Ch...
26.10.2012 Posted in Employment
Early Morning Shop leads to Health and Safety Nightmare
Many of us know that supermarket shopping with children can be a trying experience.  However, a trip to Lower Hutt Pak n’ Save became something of an early-morning nightmare for a father and his 10...
26.10.2012 Posted in Health & Safety
Major Workplace Health and Safety review and consultation
New Zealand has one of the highest workplace death rates in the OECD.  For the first time in twenty years, a significant review of New Zealand’s entire workplace health and safety system is underwa...
26.10.2012 Posted in Health & Safety
Crest Cleaning Refuses to Transfer Vulnerable Employees
Either Crest Commercial Cleaning (“Crest”) are on a crusade against Part 6A of the Employment Relations Act 2000 (“Act”) or Part 6A has unfairly rallied against Crest.  The object of Part 6A ...
26.10.2012 Posted in Employment
Carter Holt Harvey Limited v McAuley
Fixed Term Employment Agreements Section 66 of the Employment Relations Act 2000 (“ERA”) allows an employer to employ an employee for a fixed term. There are, however, various prerequisites, set o...
11.08.2012 Posted in Employment
Gambling on Sponsorship
New Zealand’s size and geographical proximity to Australia has resulted in a number of trans-Tasman sporting events. This trans-Tasman rivalry offers fantastic visibility opportunities for spons...
11.08.2012 Posted in Business Advice
Competing claims scuppered: A ship repairer’s priority rights following the ship’s arrest and sale
Alan Sherlock, Partner at Hesketh Henry, has been involved in a number of Admiralty cases, and has experienced the following recent success. In Babcock Fitzroy Limited v The Ship “The M/V Southern ...
11.08.2012 Posted in Disputes & Trade and Transport
Completing the Deal
Key steps in deal process In the current market, where it is generally taking parties some time to negotiate deals, we are seeing more heads of agreement being negotiated by clients as the first step ...
11.08.2012 Posted in Business Advice
Limiting Flow-on Effects of Contractor Insolvency
You are the subcontractor and supplier of tiles to the cladding contractor on a major commercial construction project. Midway through the project, one of your payment claims is not paid. Some weeks la...
11.11.2009 Posted in Construction
Enduring Powers of Attorney – Update on changes in the law
Everybody knows that it is important to have a will in place. Likewise, appointing someone to act on your behalf if you lose mental capacity is very important. As part of an estate planning “hea...
11.11.2009 Posted in Private Wealth
Investor Losses: A Fruitful Ground for Class Actions?
In tough economic times when share prices fall, corporate profits drop and companies edge towards insolvency, investors can face the depressing reality of dwindling retirement portfolios. Whether they...
11.11.2009 Posted in Disputes & Insolvency and Restructuring
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