Insights & Opinion | Hesketh Henry

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 & Litigation & Dispute Resolution & Maritime Law & Trade and Commodities

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 Maritime Law

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 Insurance Law & Litigation & Dispute Resolution

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).�...

23.11.2020 Posted in Business Advice & Regulatory & Trade and Commodities

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 & Litigation & Dispute Resolution

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 Law & Litigation & Dispute Resolution

Making up the shortfall: Subcontractor awarded an interim injunction requiring head contractor to hold its 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 Law

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 Law & Litigation & Dispute Resolution

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 & Litigation & Dispute Resolution

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 Law

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 & Company Law

Things to know before starting a lending business in New Zealand

09.10.2020 Posted in Corporate & Commercial law

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.

06.10.2020 Posted in Business Advice & Insolvency and Restructuring

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

Government calls time on Dodds litigation

Southern Response Earthquake Services Limited v Dodds [2020] NZCA 395

25.09.2020 Posted in Insurance Law & Litigation & Dispute Resolution

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 Law & Regulatory

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 Law & Maritime Law & Trade and Commodities

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 Litigation & Dispute Resolution & Maritime Law

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 Law

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 Law

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...

14.09.2020 Posted in Construction Law & Insolvency and Restructuring

Fresh guidance on payment schedule requirements

Payment schedule in Commercial Bay project fails to comply

28.08.2020 Posted in Construction Law

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 & COVID-19 & Employment Law

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 COVID-19 & Employment Law

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 Law

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 Law

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 Law

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 Law & Litigation & Dispute Resolution

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 & Corporate & Commercial law & COVID-19 & Trade and Commodities

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 & Company Law

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 Advertising Law

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 Law & COVID-19

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 Law

COVID-19: OIO Urgent measures – Coming soon!

The Overseas Investment (Urgent Measures) Amendment Act 2020 (“Amendment Act”) was passed on 28 May 2020 and received Royal Assent on 2 June 2020. The majority of the Amendment Act will ...

10.06.2020 Posted in Business Advice & COVID-19 & Foreign Investment & Overseas Investment Act & Property Law

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 Law

COVID-19: Considerations for trustees

Navigating Uncertain Times for Trustees – considerations in light of Coronavirus

04.06.2020 Posted in COVID-19 & Trust Wills Estates

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 Law

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 Law

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 Law

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 COVID-19 & Employment Law

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 & COVID-19 & Overseas Investment Act

Lifting the roof on director’s duties

First prosecution for serious breaches of director’s duties under the Companies Act.

13.05.2020 Posted in Business Advice & Insolvency and Restructuring

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 & COVID-19 & Insurance Law

Budget 2020: “Far from business as usual”

This week brings a cascade of significant events.

13.05.2020 Posted in Business Advice

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

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 Law

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

06.05.2020 Posted in Construction Law & Insolvency and Restructuring

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...

06.05.2020 Posted in Business Advice & COVID-19 & Insolvency and Restructuring

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 & COVID-19 & Employment Law

COVID-19: Update on buying and selling property during alert level 3

The guidelines for Alert Level 3 have been issued and will be in place as of today, Tuesday 28 April 2020. New Zealanders are now able to move house during Alert Level 3, including moving between regi...

28.04.2020 Posted in COVID-19 & Property Law

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...

28.04.2020 Posted in Construction Law & Insolvency and Restructuring

COVID-19: Health and Safety at Level 3

Alert Level 3 is upon us.

24.04.2020 Posted in Business Advice & COVID-19 & Health & Safety Law

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 Advertising Law & COVID-19

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 & Overseas Investment Act

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 & COVID-19

COVID-19: Lease in default? Rent not paid on time?

Intended PLA Law Changes during COVID-19

20.04.2020 Posted in COVID-19 & Insolvency and Restructuring & Property Law

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 COVID-19 & Maritime Law

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 COVID-19 & Maritime Law & Trade and Commodities

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 Trust Wills Estates

COVID-19: Buying and selling property during level 4

The imposition of COVID-19 Alert Level 4 lockdown (“Lockdown”) is adding stress to what is generally a stressful time for New Zealanders buying or selling their homes. It has been said that an e...

15.04.2020 Posted in COVID-19 & Property Law

COVID-19: Rent abatements during level 4 – updated 14th April 2020

With the COVID-19 Level 4 Eliminate now in force, so that the part of the population not providing essential services must stay home, what is the position with the payment of rent and outgoings by tenants?

14.04.2020 Posted in Business Advice & Commercial Property Law & COVID-19

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 & COVID-19 & Employment Law

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 Law & COVID-19

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 Law & COVID-19

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 ...

06.04.2020 Posted in Business Advice & COVID-19 & Insolvency and Restructuring

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 Law & COVID-19

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 COVID-19 & Insolvency and Restructuring

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

COVID-19: Anarchy does not rule, OK?!

Employment Issues and COVID-19 – Updated 1 April 2020

01.04.2020 Posted in Business Advice & COVID-19 & Employment Law

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 & COVID-19 & Health & Safety Law

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

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 & COVID-19

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...

20.03.2020 Posted in Business Advice & COVID-19 & Insolvency and Restructuring

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 & COVID-19 & Employment Law

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 Trust Wills Estates

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 Law

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 Law & Litigation & Dispute Resolution

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 Trust Wills Estates

Employment Law Workshop: Medical Incapacity 4 March 2020

Workshop - 4 March 2020

29.01.2020

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 Law

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

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 Law & Litigation & Dispute Resolution

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

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

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 Law

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 Trust Wills Estates

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 Corporate & Commercial law & Insurance Law

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

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 Litigation & Dispute Resolution & Trade and Commodities

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 Law

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 Maritime Law & Trade and Commodities

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 Law

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 Law

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 Law & Employment Law

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 Commercial Property Law & Health & Safety Law

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 Law

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

Manufacturing Update

Welcome to the first edition of our Manufacturing E-Zine

30.07.2019 Posted in Commercial Property Law & Company Law & Construction Law & Corporate & Commercial law & Employment Law & Foreign Investment & Health & Safety Law & Litigation & Dispute Resolution & Overseas Investment Act & Property Law & SME Business Succession & Trade and Commodities

Xu v IAG New Zealand Ltd [2019] NZSC 68

The Right to Replacement: It’s Personal

22.07.2019 Posted in Insurance Law

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 Trust Wills Estates

MBIE & STANDARDS NZ

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...

05.07.2019 Posted in Corporate & Commercial law & Overseas Investment Act

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 ...

29.04.2019

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.

26.11.2018 Posted in Employment Law & Litigation & Dispute Resolution

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 ...

19.11.2018 Posted in Construction Law & Insolvency and Restructuring

LIQUIDATED DAMAGES

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...

30.10.2018

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

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...

18.10.2018 Posted in Construction Law & Insolvency and Restructuring

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

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 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

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...

02.08.2018 Posted in Construction Law & Insolvency and Restructuring

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

CONSTRUCTION LAW UPDATE – JUNE 2018

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.

23.05.2018 Posted in Construction Law & Litigation & Dispute Resolution

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 Law & Leaky Home & Litigation & Dispute Resolution

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

04.12.2017 Posted in Company Law & Construction Law & Corporate & Commercial law & Employment Law & Insurance Law & Maritime Law & Property Law

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

18.11.2016 Posted in Construction Law & Corporate & Commercial law & Employment Law & Insurance Law & Litigation & Dispute Resolution & Property Law

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 – DID YOU KNOW A BUILDING CONSENT MAY BE REQUIRED?

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...

30.06.2014 Posted in Construction Law & Litigation & Dispute Resolution

‘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

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 Law

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 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

TAKE NOTICE: YOUR GUIDE TO THE MYTHS AND LEGENDS ABOUT NOTICE

We expunge some of the myths.

26.03.2014 Posted in Employment Law

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 Law

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 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

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 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

100% PURE NEW ZEALAND

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 ...