Insights & Opinion

The Privacy Amendment Bill (the Bill), if passed into law, will require agencies to notify individuals when their personal information is collected from a source other than the individual themselves, ...

If you are anything like us, you will be shocked to realise that we are halfway into 2025. As time has been marching on, so too have employment law developments – and there have certainly been quite...

In Legler v Formannoij the surviving widow Marina Formannoij, was forced to navigate the complexities of two trusts that were part of her late husband Ricco Legler’s estate plan: the Kaahu Trust (wh...

Construction contracts often require parties to finally resolve disputes through arbitration rather than Court litigation.  One important difference between arbitration and the Courts is that arbitra...

An Introduction to Statutory Demands: A statutory demand is a legal document that is issued by a creditor (Creditor) to a debtor company (Debtor) demanding payment of a debt that is due and owing.  T...

A trust can be a hassle and expensive to maintain.  So, it is not unusual for clients to reflect on whether a trust should be maintained. When settlors, Bert and Diana Queenin, decided to wind up the...

The English Commercial Court gave an instructive judgment on the assessment of damages in Hapag Lloyd AG v Skyros Maritime Corporation and Hapag Lloyd AG v Agios Minas Shipping Company; an appeal brou...

A recent decision by the Human Rights Review Tribunal (the Tribunal) provides a noteworthy reminder of the importance of privacy rights and obligations in the workplace.  In BMN v Stonewood Group Lim...

Background BNZ made the decision to close the accounts of 16 entities associated with the Gloriavale Christian Community following a decision by senior management that this action was appropriate give...

At 146 pages, and 504 paragraphs, the recent Maritime NZ v Tony Gibson judgment is certainly not short on detail.[1] This is unsurprising given the complex factual matrix and landmark nature of this c...

Prior to the Court of Appeal’s decision in Francis v Gross [2024] NZCA 528 on 17 October 2024 (Podular (COA)), there was a period of uncertainty for building contractors as to their status in respec...

In James Hardie New Zealand Ltd v Zurich Australian Insurance Ltd [2024] NZHC 3126, the High Court refused to grant a stay of proceedings under ss 22 and 25 of the Trans-Tasman Proceedings Act 2010 (A...

The Court of Appeal’s recent decision in Cridge v Studorp Ltd [2024] NZCA 483 confirms that a manufacturer of cladding products owes a non-delegable duty of care to building owners (commercial and...

For our previous articles concerning the Bill, please click here and here. The Contracts of Insurance Act passed into law on 15 November 2024.  Although the Act will come into force over a period of ...

Deliver the health and safety work you promise, or there may be legal consequences – as a health and safety consultancy recently learnt! Earlier this year, WorkSafe prosecuted Safe Business Solution...

What is serious misconduct, and when and how can an employer bring an employee’s employment to an end on these grounds?

In a 3-2 split decision, the Supreme Court in Beca Carter Hollings & Ferner Ltd v Wellington City Council [2024] NZSC 117 confirmed that contribution claims are not barred by the Building Act 2004...

Every now and then courts have to self-correct to prevent errant off-shoots of legal reasoning advancing into the law.  In the decision, IAG New Zealand Ltd v Degen [2024] NZHC 397, the High Court t...

The UK Supreme Court recently released Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 determining that a collateral warranty used in the constr...

In Rawson v Prescott [2024] NZHC 1919, the High Court addressed a dispute involving trust property and a relationship property agreement. Mr RR, trustee of the GR Family Trust, sought summary judgment...

Beneficiary classes in trust deeds should be clearly defined to ensure the assets of the trust benefit the people who the settlor(s) of the trust originally intended.   If they are not, then disputes...

The useful Mackay v Dick principle is part of English law – might it apply here? In King Crude Carriers S.A. & Ors v Ridgebury November LLC & Ors, the English and Wales Court of Appeal confi...

The Court of Appeal has refused to grant leave to Birthing Centre Limited (BCL) in respect of its appeal from the Employment Court. The Employment Court and the Employment Relations Authority (Authori...

The Government has released a draft for the second emissions reduction plan (ERP 2) which is open for consultation until 21 August 2024.  It reflects a significant change in approach to climate chan...

The United Kingdom (UK) has a new Labour Government following 14 years under the Conservative Party. Like we have seen recently, a new government usually spells major change for employment law, and it...

The England and Wales Court of Appeal (EWCA) has held that in certain circumstances, the courts can order parties to engage in alternative dispute resolution (ADR) or stay proceedings to allow the par...

Design errors in a construction project can result in millions of dollars in loss.  Standard form consultancy agreements typically limit the amount that can be recovered for such errors.  The cap on...

In a warning for contractors, a Scottish Court has ruled that a standard form notification clause was a condition precedent to recovering time-related costs (TRCs) (FES Ltd v HFD Construction Group Lt...

From time to time a cross-lease property owner may be asked by their cross-lease neighbour for their consent to specific matters, such as proposed structural alterations or additions to their neighbou...

Hot on the heels of the review of NZS3910, AS 4000-1997, a key Australian standard form construction contract for more than 27 years, is currently being reviewed.  This form, or variants of it, is so...

Following the departure from the fundamental principle of the Construction Contracts Act 2002 (CCA) “pay now argue later” in South Pacific Industrial Ltd v Demasol Ltd [2021] NZHC 3597, the Court ...

The High Court in Rau Paenga Ltd v CPB Contractors Pty Ltd [2023] NZHC 2947 granted an interim injunction preventing the Contractor from suspending and terminating its contract for the construction of...

The Construction team at Hesketh Henry is the exclusive New Zealand contributor to The Legal 500: Country Comparative Guide for Construction.  Partners Glen Holm-Hansen and Helen Macfarlane along wit...

It now seems there is at least the possibility 2024 will be the year New Zealand finally sees the reform of insurance law with the Government’s own bill, the Contracts of Insurance Bill, now before ...

The Government’s Contracts of Insurance Bill was introduced on 30 April 2024.  See our article on this Bill. In February 2022, the Ministry of Business, Innovation and Employment (MBIE) released an...

Standing 40 storeys tall with 406 units, the Gore Street building in downtown Auckland (formerly known as “Harbour Oaks”) is presently the subject of New Zealand’s largest claim for residential ...

The Incorporated Societies Act 2022 (2022 Act) came fully into force on 5 October 2023, meaning incorporated societies can now apply for reregistration under the 2022 Act.  Approximately 24,000 exist...

When applying for trade credit insurance, a prospective insured will typically provide information on the financing arrangements that will form the basis of cover. Where there is deviation from these ...

WorkSafe New Zealand v RH & JY Trust & ors

As we have been known to say once or twice (okay, maybe every year!) employment law never stands still. New governments can also spell major change, and this time is no exception. As you will likely h...

Whether accessibility to banking services is a fundamental right is an issue that is currently before the High Court in the dispute between Bank of New Zealand (BNZ) and the Christian Church Community...

With the increasing use of facial recognition technology (FRT), retinal scans, and voice recognition by an array of different agencies, privacy concerns about its collection and use are set to be form...

According to the UK’s Technology and Construction Court (TCC) (in Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010) valid payment claims must be paid before the underlying merits ...

On 5 October 2023, the new Incorporated Societies Act 2022 (2022 Act) came fully into force, replacing the Incorporated Societies Act 1908 (1908 Act). One of the key requirements under the 2022 Act is...

What happens when an availability provision is non-compliant because it does not allow for compensation, but the employee is not “required” to work additional hours?  Can the employee still be sa...

A party must meet a high bar before the High Court will modify or reverse a liquidator’s decision, or consent to a party commencing adjudication (or other legal proceedings) against a company in liq...

Building Information Modelling, or “BIM”, is potentially transformational for the New Zealand building and construction sector.  It has been credited with the potential to spark a “step-change�...

Litigation is expensive.  The high cost and inherent uncertainty associated with civil litigation creates a daunting financial barrier for those seeking justice for even meritorious claims. This has ...

The New Zealand construction industry is rapidly changing, projects are becoming more complex and risks are rising.  As a result, stakeholders need to react and adjust to those changes, this can be a...

Arbitration is increasingly viewed as a beneficial alternative to traditional court litigation, but how do you know if your dispute should go to arbitration or to the courts?  Several recent foreign ...

Our Construction Team has been pleased to assist with the preparation of a Retention Money Guidance (Guidance), which has just been published by the Ministry of Business, Innovation and Employment (MB...

Mental health matters are complex and navigating those matters during performance or disciplinary processes can be difficult for both parties.  In an unusual twist, the Employment Court (Court) was a...

Employment relationships are not always straightforward.  When there are three parties involved, things can get complicated.  The Employment Court (the Court) has recently had to untangle just such ...

In the landmark decision of Mead v Paul ,[1] a question was posed to the Supreme Court regarding whether the Property (Relationships) Act 1976 (Act) applies to triangular polyamorous relationships.  ...

In a recent decision in which Hesketh Henry acted for the successful applicant, the High Court of New Zealand ordered an anti-suit injunction in support of an agreement to arbitrate – the first such...

On 19 June 2023 the Government launched a consultation process around possible changes to New Zealand’s emissions trading scheme.  Our Forestry Team looks at key features. Cyclones, flooding and ot...

Public consultation on the draft NZS3910 amendments closes on 30 June. Some key changes will impact the industry, and all are encouraged to review the draft terms and provide feedback through this pu...

It is a common idiom that ‘mistakes have consequences’, and when it comes to the Fair Trading Act 1986 (“FTA”), it appears the idiom is ‘misrepresentations bring damages’. But how much is ...

In Legler v Formannoij [2022] NZCA 607, the children of a deceased father challenge their stepmother’s decision to appoint a corporate trustee, exclude the children and the family trust as beneficia...

A bill proposing to expressly include ESG factors in the context of a director’s exercise of corporate power has recently failed to obtain Select Committee support.  Hesketh Henry’s Business Advi...

Recent court actions by the Australian regulator against insurers for unfair contract terms are a sign of what may be to come for New Zealand if the proposed Insurance Contracts Bill is enacted here.

A central feature of the maritime limitation regime is a shipowner’s right to limit liability for maritime claims based on the tonnage of the vessel, granted in exchange for the acceptance of strict...

In the wake of the recent catastrophic weather events here in New Zealand and the latest release of the alarming Intergovernmental Panel on Climate Change report, we consider a recent United Kingdom j...

With flexible working arrangements becoming increasingly common post-Covid, employers should continue to be alive to the consequences of these arrangements and consider what steps they should take to ...

Following the flooding in January and Cyclone Gabrielle in February the lives of many individuals (both employees and employers) in the North Island have been thrown into turmoil.  Many were devastat...

2023 has had a turbulent start to the year.  We know that many of you are affected in Northland, Coromandel and Auckland, and the scale of the devastation in Hawkes Bay and Tairawhiti is beyond compr...

When the Health and Safety at Work Act 2015 (HSWA) came into force in April 2016 as part of the Government’s strategy to reduce serious work-related injuries, it marked an important shift in health ...

It may come as a surprise that how you deal with your assets, even before you are in a de facto relationship, can impact your property rights.  In Sutton v Bell [2021] NZCA 645, the Court of Appeal h...

The Court of Appeal’s recent decision in D and E Ltd v A, B and C[1] overruled the High Court’s landmark decision in that case[2].  The High Court held that a fiduciary duty existed between a fat...

The recent decision of WorkSafe New Zealand v Mount Somers Sand Ltd [2022] NZDC 12056 is significant because WorkSafe was required to pay the defendant’s costs after the Court found there was no cas...

The New Zealand Construction Industry Council has commissioned a review of NZS 3910:2013 Conditions of contract for building and civil engineering construction (NZS3910), which is being led by Standar...

The recent decision of the UK Supreme Court in BTI 2014 LLC v Sequana SAV & Ors [2022] UKSC 25 has considered the nature of the so-called “creditor duty” and whether directors are required to ...

The frequency and intensity with which employees are monitored by employers through the use of electronic systems have been amplified with technological advancement in recent years, raising privacy concerns in many countries.

Restraint of trade clauses are commonly found in employment agreements and are often used without much thought as to whether they are reasonable in the circumstances.

It is common for force majeure clauses to define a “force majeure event” as being one that cannot reasonably be prevented by the parties. The wording may differ among clauses, but the requirement ...

When the Construction Contracts Act 2002 (CCA) was introduced, email communication was not nearly as prevalent as it is now, generally being the preferred means of communication.

In response to a recent string of disruptive and unforeseen events, BIMCO has introduced the Force Majeure Clause 2022 (Clause) as an optional inclusion for charterparty and shipping contracts.

Several recent Maritime New Zealand Prosecutions have emphasised the importantance of managing fatigue when operating vessels.

The recent decision of the High Court in Fistonich & Anor v Gibson & Ors [2022] NZHC 1422 considered whether receivers have a right to retain surplus funds to meet the cost of defending actual...

On 4 August 2022 the Commerce Commission (Commission) released its draft report setting out preliminary findings from its market study into the residential building supplies industry.

In February 2021 we discussed the English Supreme Court case of Enka v Chubb, which provided much-needed clarity on how the governing law of an arbitration agreement should be determined where the agr...

Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344

Nicholls Group Projects Ltd v Plan Design Build Homes Ltd

Over recent years, modern slavery has become a more prominent issue in New Zealand.

As we reported in late February, the Ministry of Business, Innovation and Employment (MBIE) is seeking submissions on the exposure draft Insurance Contracts Bill.  Submissions close on 4 May 2022. MB...

Matariki Te Pire mō te Hararei Tūmatanui o te Kāhui o Matariki (Te Kāhui o Matariki Public Holiday Bill) received Royal Assent yesterday, and the new Act comes into force today – 12 April 20...

Recently passed legislative updates impose new regulatory standards on forestry advisors and log traders – introducing new levels of professional compliance for a previously unregulated area of the forestry sector.

By business hibernation we mean the temporary, self-enforced, suspension of a business.

Covid-19 has caused significant issues for supply chains and in some instances, business have cooperated responsibly to ensure New Zealand continues to be supplied with essential goods and services.

In May 2021, the Government announced the introduction of a new Fair Pay Agreement system.

On 25 February 2022, the High Court upheld a challenge to the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021 (“the mandate”).   What was the outcome of this case?  The ...

A new Financial Advertising Code (Code) will replace the existing Code for Financial Advertising effective 1 March 2022 for new, and 1 June 2022 for all existing, financial advertising captured.

In light of the current Gloriavale litigation in the Employment Court, in which a number of former Gloriavale residents allege that they were employees rather than volunteers, it is interesting to con...

The High Court holds that a fiduciary duty can be owed to adult children.

Erich Bachmann and Julika Wahlmann-Smith author the New Zealand Chapter of Privacy law: A Global Legal Perspective on Data Protection Relating to Advertising & Marketing

Erich Bachmann and Julika Wahlmann-Smith author the New Zealand Chapter of the Second Edition of Guide to Conducting Sweepstakes & Contests. 

The Supreme Court has upheld the Court of Appeal’s decision (although for different reasons) in A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Limited w...

Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022

Parliament has been racing through COVID-19 legislation in preparation for New Zealand entering the COVID-19 Protection Framework (CPF) at midnight tonight, Thursday 2 December.   Employers operating...

The Overseas Investment Amendment Act 2021 came into force on 5 July 2021.

Retailers will be seeking to make the most of in-store trading reopening, particularly in Auckland.

The Ministry of Justice is carrying out a statutory review of the Anti-Money Laundering and Countering Financing of Terrorism Act 2013 (Act) to consider: how it has performed since it was introduced ...

New rules for marine arbitrations in the London Arbitral Tribunal have been implemented recently: the LMAA Terms 2021, the LMAA Intermediate Claims Procedure 2021 and the LMAA Small Claims Procedure 2...

The English Commercial Court in Galtrade Ltd v BP Oil International [2021] EWHC 1796 (Comm) has held that an oil trader who rejected off-specification cargo wrongfully repudiated the contract, as the specification requirement in the contract was an intermediate term and not a condition.

Court of Appeal Overturns Employment Court’s Decision in Sandhu v Gate Gourmet

New Zealand boat builders beware.

The Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill (Bill) received royal assent last week.

New Zealand’s first emissions reduction plan (ERP) is due to be published in May 2022.

Class actions and litigation funding continue to grow in prominence in New Zealand, despite the lack of a regulatory framework for the same.

The recent decision of the New South Wales Court of Appeal in Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No. 2) [2021] NSWCA 9 is an example of an unclear direction resulting in a principal being unable to rely on a notification time bar in a construction contract.

The Government is offering various support schemes to help employees and businesses cope with the 2021 COVID-19 Lockdown.  Given the differing eligibility requirements it is easy to become overwhelmed.

The District Court recently dismissed the Commerce Commission’s case against Bunnings for alleged misleading and deceptive representations under the Fair Trading Act 1986 (FTA). In dismissing the Co...

Earlier this month, the High Court released its decision in Financial Markets Authority v CLSA Premium New Zealand Limited.

A critical period in the timeline of any M&A share transaction is the period between signing the Share Sale and Purchase Agreement and completion.

The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.

The United Kingdom Supreme Court in Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 has clarified the operation of liquidated damages clauses in the event of termination.  The dec...

The Fair Trading Amendment Bill received Royal Assent on 16 August 2021 and is now the Fair Trading Amendment Act 2021 (Amendment Act).  The Amendment Act amends the Fair Trading Act 1986 (FTA), with...

On 31 August 2021, the High Court of Wellington released its decision on the Reserve Bank of New Zealand v TSB Bank Limited.

The Supreme Court has recently issued a significant judgment clarifying that the Employment Relations Authority (Authority) has exclusive jurisdiction over claims arising in a “work context”. In d...

A critical analysis of the New Zealand and Australian High Courts' approach to quantum meruit claims within the construction industry

The focus on centrality of price in New Zealand procurement (or securing the lowest price) continues to be a key concern for the construction industry. 

The Supreme Court’s recent decision in Bathurst Resources Ltd v L & M Coal Holdings Ltd provides important guidance on the approach to the use and admissibility of extrinsic evidence for contractual interpretation and the test for implication of contractual terms.

In a recent statement by the Financial Markets Authority, the Department of Internal Affairs (DIA) and the Reserve Bank of New Zealand (together, the Supervisors), it was agreed that the submission da...

The principal role of a receiver is to realise secured assets for the appointing creditor. 

From Saturday 24 July 2021, the minimum entitlement to sick leave increases from 5 to 10 days in each entitlement year.

The High Court decision in Hellaby Resource Services Ltd v Body Corporate 197281 [2021] NZHC 554 is a rare NZS 3910 decision, with implications for the construction sector. 

The Overseas Investment Amendment Bill (No 3) (Bill) received royal assent on 24 May 2021

Workers in the construction industry are frequently engaged as independent contractors.

The High Court in Development Construction Company Ltd v Mackenzie [2021] NZHC 546 has confirmed  that retention of title (RoT) clauses do not provide contractors with a caveatable interest. This dec...

In Meltzer and Lamacraft v Amstar New Zealand Ltd the High Court highlighted the interplay between insolvency and construction adjudication issues.

Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment (Tourism Holdings) is the first decision in which the Employment Court considered section 8(2) of the Holidays Act 2003 (Act). The Court of Appeal has recently overturned this decision.

For a guarantee to be enforceable, the requirements set out in section 27 of the Property Law Act 2007 (Act) must be strictly complied with.  This is what the NZSC held in Brougham v Regan. The key i...

There have been calls for an amendment of the Holidays Act 2003 (Act) for some time.

The revised International Chamber of Commerce (ICC) Arbitration Rules for 2021 (2021 Rules) have now come into force and apply to all ICC arbitrations begun after 1 January 2021.  While the new Rules...

Relationships between residential landlords and tenants have recently had a shake-up with changes to the Residential Tenancies Act 1986 (RTA) which took effect on 11 February 2021. According to Associ...

In WorkSafe New Zealand v Dong SH Auckland Limited [2020] NZHC 3368, the High Court considered the statutory concept of a Person Conducting a Business or Undertaking (PCBU).  The facts of the prosecu...

On 22 March 2021, a new investor test will be introduced for all consent applications under the Overseas Investment Act (Act), bar a few residential land exceptions.  This is one of several measures ...

The High Court has clarified the elements of the offence of reckless conduct in the Health and Safety at Work Act 2015.

The English Supreme Court has recently clarified how the governing law of an arbitration agreement should be determined, where the agreement lacks an express choice of law provision.  In an area of l...

The people in a business often make the business, so if you are planning to buy or sell a business, it is important that you understand your employment law obligations in relation to employees.

Although immensely popular due to its user friendly interface and low prices, the Uber Group is facing challenges to its business model worldwide.  Issues about the rights of Uber’s drivers have be...

The Holidays (Increasing Sick Leave) Amendment Bill (the Bill) was introduced in December 2020 and passed its First Reading on 1 December 2020. With the government’s clear majority, the Bill is anti...

Hackers often try to scam entities making international payments by impersonating one, or both, parties to the payment.

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. ...

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 ...

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...

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 ...

D&O Indemnity And Insurance Update: A ‘Hard Market’

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.

The Privacy Act 2020 creates a new requirement to report serious privacy breaches, as from 1 December 2020. 

The Singapore Mediation Convention has now entered into force, creating a comprehensive framework for the enforcement of international mediation settlement agreements.

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...

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...

The COVID-19 situation is a rapidly changing beast. 

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.

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...

You’ve got a great idea for a business and you’re pumped to get to work. 

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...

Navigating Uncertain Times for Trustees – considerations in light of Coronavirus

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...

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...

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...

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...

Government fast-tracks new measures during COVID-19 crisis

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.

This week brings a cascade of significant events.

Last week, the Court of Appeal issued its decision in Mega Project Holding Ltd v Orewa Developments Ltd [2020] NZCA 111

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...

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...

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...

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...

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...

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...

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 ...

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...

Employment Issues and COVID-19 – Updated 1 April 2020

In response to the Covid-19 pandemic, New Zealand’s alert level is currently at Alert Level 4.

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...

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...

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 ...

The New Zealand Government has recently announced yet more proposed changes to New Zealand’s overseas investment rules to be introduced early next year.

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...

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 ...

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...

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...

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...

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...

The Right to Replacement: It’s Personal

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...

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...

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, ...

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...

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...

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...

Just a quick note from the Hesketh Henry Employment team about what’s on the horizon:

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...

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

Defining health and safety duties in a contracting situation is rarely straightforward.

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...

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 ...

New Zealand businesses looking to establish a foothold in the UAE have many options

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.

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...

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 ...

In May the United States announced the re-imposition of sanctions in relation to trade with Iran

Employers are often met with complaints of bullying and stress as soon as performance management commences.

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...

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.

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.

The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review

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.

The Ministry of Business, Innovation and Employment (MBIE) has recently released a report which identified key trends and challenges for the manufacturing sector.

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.

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.

We are now on what may be called the “third wave leaky buildings”.

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.

Confusion continues to reign supreme in the application of trial periods.

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

Our message to you – if there is an incident or event that needs to be notified to WorkSafe, for heaven's sake, notify it!

Shops can now open on Easter Sunday