Insights & Opinion
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Recent updates to the Building Code Framework
05.07.2019 Posted in Construction Law
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...
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
Winter Insurance Update
Welcome to our winter insurance update - June 2019
03.07.2019 Posted in Insurance Law
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 Law
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
Employment Law Changes – Today is the Day!
Today is the 6th of May - are you ready?!  
06.05.2019 Posted in Employment Law
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 ...
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 Corporate & Commercial law
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 Law
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 Corporate & Commercial law
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 Law
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 Law
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 Law
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 Corporate & Commercial law
Time for Change (again!)
The winds of change are once again blowing through the employment law landscape.
10.12.2018 Posted in Employment Law
Summer Maritime Update
Welcome to our summer maritime update - November 2018
27.11.2018 Posted in Maritime Law
Employment Litigation Costs: In for a penny, in for a pound?
Vindication is frequently offered as a motivation for litigation.
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 ...
When Actual Delay Losses Exceed Liquidated Damages
14.11.2018 Posted in Construction Law
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 Law
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 Law
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...
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 Law
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...
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 Law
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 Law
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
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 Law
New Zealand businesses looking to establish a foothold in the UAE have many options
10.09.2018 Posted in Trade and Commodities
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 Law
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 Maritime Law
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 Law
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 Maritime Law
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 Law
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 Commodities
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 Law
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 Trust Wills Estates
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 Company Law & Corporate & Commercial law
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 Law
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 Law
The Shipping Law Review
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review
26.07.2018 Posted in Maritime Law
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 Law & Health & Safety Law
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 Corporate & Commercial law
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 Corporate & Commercial law
Recent Construction Law Decisions and Developments in New Zealand
18.06.2018 Posted in Construction Law
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 Law
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 Law & Health & Safety Law
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 Law
Managing Risk and Dispute Resolution in Construction Projects ….
The best way to manage a dispute is not to have one.
Leaking Buildings: A Council Class Action In The Making?
We are now on what may be called the “third wave leaky buildings”.
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 Law
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 Law
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 Law
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 Law
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 Law
Maritime Update February 2018
Welcome to our summer maritime update
21.02.2018 Posted in Maritime Law
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 Law
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 Law
Employment Law: the only constant is change…
Proposed changes to the Employment Relations Act 2000 (ACT)
26.01.2018 Posted in Employment Law
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 Corporate & Commercial law
Maritime Update November 2017
Welcome to our spring maritime udate
21.11.2017 Posted in Maritime Law
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 Maritime Law
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 Family Law
Have I got a deal for you …….
New Zealand's Fair Trading Act 1986 prohibits a range of misleading and deceptive behaviours
07.08.2017 Posted in Advertising Law
The importance of ensuring your will is up-to-date
You should review your will every five years
21.07.2017 Posted in Family Law
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 Law
Construction Law Update – May 2017
Recent Construction Law Decisions and Developments in New Zealand
22.05.2017 Posted in Construction Law
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 Law
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 Law
Is an Inheritance Trust Worthwhile?
How can parents protect the inheritance they will provide their children
21.03.2017 Posted in Trust Wills Estates
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 Law
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 Law
Wait, so Christmas Day follows Boxing Day this year!
Transferring public holidays
20.12.2016 Posted in Employment Law
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 Trust Wills Estates
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 Law
Clarification of retentions requirements for construction contracts
The retentions regime comes into force on 31 March 2017
25.10.2016 Posted in Construction Law
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 Law
Enforcement of Damages in Adjudication
Does a significant factual dispute preclude summary judgement?
19.09.2016 Posted in Construction Law
A Word of Warning
What is a formal warning?
07.09.2016 Posted in Employment Law
Consultants – Are you ready?
How will the changes to the Construction Contracts Act 2002 affect you?
23.08.2016 Posted in Construction Law
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 Law
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 Law
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 Company Law
Discrimination in the workplace – here we go again!
Just a quick refresher on discrimination.
19.07.2016 Posted in Employment Law
“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 Corporate & Commercial law
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 Law
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 Law
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 Law
Payroll 2 – The Labour Inspectors are Coming
What are Labour Inspectors meant to do?
05.04.2016 Posted in Employment Law
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 Law
Payroll 1 – Your Next Nightmare
This is the first of three newsletters focused on payroll compliance.
21.03.2016 Posted in Employment Law
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 Law
Investment Properties Vulnerable to Relationship Property Claims
It is important to understand that if the Property (Relationships) Act applies
18.02.2016 Posted in Relationship Property Law
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 Law
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 Law
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 Law
New Tax Statement Forms Causing Confusion for both Practitioners and Clients Alike
The questions contained in the new Tax Statements are causing confusion for both clients and conveyancing practitioners alike. 
15.12.2015 Posted in Property Law
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 Law
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 Law
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 Trust Wills Estates
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 Litigation & Dispute Resolution
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
Tiled Showers have the potential to become the new "leaky" issue for unsuspecting vendors and purchasers. 
18.05.2015 Posted in Property Law
Break-ing News
There has been a lot of comment in recent months about changes to rest and meal break entitlements.  Based on those comments, one could be forgiven for thinking the world was ending.  Take one union...
04.05.2015 Posted in Employment Law
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 Corporate & Commercial law
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 Law
Mondayisation of Anzac day
The term ‘Mondayised’ sounds more intimidating than it really is.
24.03.2015 Posted in Employment Law
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 Law
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 Law
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 Law
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 Law
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 Trust Wills Estates
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 Law
Responding to Progress Payment Claims: Lessons from the Court of Appeal
Two recent Court of Appeal decisions, SOL Trustees Limited v Giles Civil Limited and Watts v Hughes Construction Limited v Complete Siteworks Company Limited highlight potential pitfalls when respondi...
19.12.2014 Posted in Construction Law
New Residential Building Regulations
The Building (Residential Consumer Rights and Remedies) Regulations 2014 (the Regulations) are coming into force on 1 January 2015.  These implement a number of new consumer protection measures for r...
19.12.2014 Posted in Construction Law
Selling your home when it is owned by a Family Trust
Why you need to make sure all trustees are consulted and in agreement before you sign an agreement to sell your home.
11.12.2014 Posted in Property Law & Trust Wills Estates
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 Law
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 Law
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 Law
Maintenance & Repair Obligations under a Commercial Lease
The extent of a tenant’s responsibility to maintain and repair their premises under a commercial lease is something that often causes concern for both landlords and tenants alike and is not alwa...
07.11.2014 Posted in Property Law
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 Law
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 Law
New Zealand’s Looming Construction Boom
What is Driving the boom?
21.10.2014 Posted in Construction Law
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 Law
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 Law
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 Law
Alternate Directors – A Practical Solution
Could appointing an alternative director be a sensible option for your company?
17.07.2014 Posted in Corporate & Commercial law
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 Litigation & Dispute Resolution
Presumed Built When Certified
John Anthony Osborne and Helen Osborne v Auckland Council On 10 June 2014, the Supreme Court delivered a decision on the eligibility criteria under s 14(a) of the Weathertight Homes Resolution Servi...
‘They’re Contractors Not Employees’ – Really?
How can you tell whether a person is an employee or contractor?
24.06.2014 Posted in Employment Law
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 Litigation & Dispute Resolution
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 Law
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 Law
Cladding manufacturers and leaky schools – sufficiently close to care?
Introduction The Minister of Education and others, including four school boards of trustees, issued proceedings against Carter Holt alleging its cladding product, called shadowclad and installed in v...
21.05.2014 Posted in Leaky Home
Rent Reviews – What can you do?
Rent reviews are a fairly frequent occurrence in most leases and often a source of disagreement between landlords and tenants as to what level the reviewed rent should be set at. If you have received ...
15.05.2014 Posted in Property Law
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 Litigation & Dispute Resolution
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...
02.05.2014 Posted in Maritime Law
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 Law
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 Law
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 Law
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 Law
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 Corporate & Commercial law
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 Law
An employment relationship commences with an offer and acceptance of employment. 
26.03.2014 Posted in Employment Law
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 Law
We expunge some of the myths.
26.03.2014 Posted in Employment Law
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 Law
What is bullying, and does your workplace have a policy to address it?
26.03.2014 Posted in Health & Safety Law
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 Litigation & Dispute Resolution
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 Law
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 Law
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 Leaky Home
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
Commercial Tenancies: Yield Up, Make Good & Reinstatement
Obligations to make good and reinstate a premises at the end of a lease are not usually at the forefront of the mind of someone who is about to enter into a new lease or take an assignment of an exist...
11.11.2013 Posted in Commercial Property Law & Property Law
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 Law
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 Law
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 Law
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 Law
Garden leave intertwines with post-termination restraint of trade
It is the nature of business that employees often resign in order to take up jobs with competitors.  In some cases, these employees are privy to valuable business information which soon-to-be ex-empl...
07.11.2013 Posted in Employment Law
Not all claims in advertising are meant to be taken literally.
11.08.2013 Posted in Corporate & Commercial law
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 Law
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 Law
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 Law
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 Law
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 Law & Health & Safety Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
Must an employer offer redeployment to employees who would otherwise be redundant?
The answer is not so straightforward
04.07.2013 Posted in Employment Law
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 Law
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 Law
PPSA Pointer – Update Debtor’s Name Change or Lose Priority
For a secured party to retain the priority of their registration on the Personal Property Securities Register (PPSR), they must keep their financing statement up to date with all the information that ...
11.03.2013 Posted in Corporate & Commercial law
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 Law
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 Law
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 Law
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 Law
Two Degress of Separation: How Not to Vary and Employment Agreement
The Employment Relations Authority’s decision in Edwards v Two Degrees Mobile Ltd serves as a reminder to employers of the fundamental requirement to reduce agreements to writing.  It also demonstr...
08.03.2013 Posted in Employment Law
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 Law
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 Law
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 Law
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 Law
Your ‘How-To’ guide to Directors’ duties
The recent slew of high profile cases involving directors of failed finance companies highlights the need for all current and would-be directors to understand and sufficiently perform their directors&...
11.02.2013 Posted in Corporate & Commercial law
Planning – Where is Your Business Heading?
Successfully positioning your business for the future in terms of growth, succession or exit is crucially important for all businesses regardless of size or stage in the business life cycle. Without p...
11.02.2013 Posted in Corporate & Commercial law
Changes to Company and Director Information Requirements – Will they affect your company?
The Companies and Limited Partnership Amendment Bill (“Bill“) proposes key changes to company director requirements which may affect up to 4,200 companies. This article outlines some key c...
11.02.2013 Posted in Corporate & Commercial law & Insurance Law
Commercial Tenancies – Parting with Possession
Obtaining landlord consent to an assignment or sublease of your lease is a standard requirement for commercial tenancies. While a tenant wishing to exit a lease will generally remain liable for the ex...
11.11.2012 Posted in Property Law
Employment News, Legislation Update
LEGISLATION UPDATE What’s new in the world of employment-related legislation? A real mix of developments in legislation dealing with adventure tourism, parental leave, the controversial “...
26.10.2012 Posted in Employment Law
Employment News, October 2012
Watch This Space! Since our last edition of Employment News, we have learned of two important cases before the Employment Court regarding KiwiSaver contributions and Equal Pay for women. There are al...
26.10.2012 Posted in Employment Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Corporate & Commercial law
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 P...
11.08.2012 Posted in Maritime Law
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 Corporate & Commercial law
Legislation Update – July 2012
What’s new in the world of employment-related legislation?
27.07.2012 Posted in Employment Law
No more Gift Duty – So what?
The New Zealand government may have been viewed by some as Santa heralding Christmas early when it announced in November 2010 that the 125 year old gift duty will be abolished effective 1 October 2011...
11.11.2011 Posted in Trust Wills Estates
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 Law
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 Trust Wills Estates
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 Litigation & Dispute Resolution
Innovation the key to improved services
One of Auckland’s oldest law firms, Hesketh Henry, has embraced technology to increase productivity and lower their costs to clients.
11.11.2008 Posted in Litigation & Dispute Resolution
Better understanding leads to more effective law
Lawyers need to have a greater understanding of a client’s business if they are to continue to play a key advisory role in their affairs. “Knowing the law isn’t enough any more,” says Hesketh ...
11.11.2008 Posted in Corporate & Commercial law
Selling a House You’ve Built or Renovated? What You Need to Know, Before You Sell
If you have done building work to a house you are selling, there is a good chance that the warranties in the standard agreement affect you as many types of work require a building consent.
11.11.2007 Posted in Property Law
Construction Contracts Act 2002 – Important Lessons Still Not Learnt Three Years On
The Construction Contracts Act 2002 ushered in a new approach to construction contracts and changed the balance of power between principal and contractors. The purpose of the Act is: to facilitate re...
11.11.2006 Posted in Property Law
Succeed In Business Succession
The Background To SME Business Succession Business succession for small to medium enterprise businesses (“SME’s”) has become a hot topic. Many SME business owners consider the sale o...
11.11.2006 Posted in Corporate & Commercial law
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