New Zealand has become the second country in the world to pass legislation that provides bereavement leave for mothers and their partners after a miscarriage or stillbirth.

The distinction between employee and independent contractor can be complex, particularly where the nature of the business model blurs the lines of standard employment practices.

The Supreme Court recently considered an application by Synlait Milk to modify a land covenant restricting the burdened land use to farming, grazing and forestry operation to protect the ability of the benefited land owner to develop a quarry.  This article looks at the circumstances in which the courts might give relief to parties in an application to extinguish or modify a covenant or easement.

After obtaining a formal survey, many New Zealanders may be surprised to find out that the fence between their property and that of their neighbours’ is not located exactly on the legal boundary.  ...

With a myriad of government benefits available to help employees and businesses cope with the COVID-19 lockdowns, it is easy to become overwhelmed with the differing eligibility requirements and vario...

In Sandhu v Gate Gourmet New Zealand Ltd, Gate Gourmet challenged the Employment Relations Authority’s determination that the protections under the Minimum Wage Act 1983 (MWA) applied to its employe...

The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.

The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.

Cubo Projects Ltd v S&S Import Solutions Ltd

Justice must both be done, and be seen to be done.

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...

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).�...

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...

Savvy Vineyards 4334 Ltd v Weta Estate Ltd [2020] NZSC 115

The Court of Appeal’s recent decision in Dold v Murphy highlights the importance of having an appropriate Shareholders’ Agreement in place.

We are very pleased to announce the appointment of Christina Bryant as our new managing partner.

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...

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

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...

Climate change and its effect on contract risk in the construction industry

Payment schedule in Commercial Bay project fails to comply

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�...

Moore v IAG New Zealand Limited [2020] NZCA 319

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...

Not since Y2K have force majeure clauses been of so much focus.

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 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...

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 ...

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 ...

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...

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

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...

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 ...

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...

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...

Alert Level 3 is upon us.

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...

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...

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...

The Trusts Act 2019 ("Act") comes into force on 30 January 2021 and with it comes the partial codification of trustee duties.

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...

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?

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...

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...

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 ...

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-...

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...

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...

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...

The Trusts Act 2019 comes into force in less than a year

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...

Workshop - 4 March 2020

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 ...

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...

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...

With Labour Day just around the corner, and Christmas/New Year looming, we are getting a few questions about the “otherwise working day”.

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...

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 ...

Getting the Deal Through works with many of the best lawyers and law firms in the world

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 ...

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...

Hesketh Henry Construction Partners pen the 2020 Chapter of "Getting the Deal Through Construction".

Hesketh Henry's marine team pen the New Zealand Chapter of The Shipping Law Review 2019.

"Dynamite Lawyers" as quoted in the new Chambers HNW directory for 2019

Recent updates to the Building Code Framework

Welcome to our winter insurance update - June 2019

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 ...

Today is the 6th of May - are you ready?!  

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 ...

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...

“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...

The winds of change are once again blowing through the employment law landscape.

Welcome to our summer maritime update - November 2018

Vindication is frequently offered as a motivation for litigation.

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?

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...

Construction partner, Nick Gillies, has been published in the latest Building and Construction Law Journal ((2018) 34 BCL 179).

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...

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...

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...

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...

The Marine team at Hesketh Henry have again contributed to Getting the Deal Through: Shipping 2019.

The High Court at Auckland has released its first and much-awaited decision under the Health and Safety at Work Act 2015 (HSWA).

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...

Whatever business you’re in, your customer terms and conditions are fundamental and foundational.

While the exact nature and terms of a distribution agreement will vary between industries and jurisdictions, these 6 issues will always be important.

Recent Construction Law Decisions and Developments in New Zealand

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”).

The best way to manage a dispute is not to have one.

April 2018 marks two years since the Health and Safety at Work Act 2015 (HSWA) came into force.

Finding out you've been fired from your high profile job via the internet seems insensitive

Welcome to our summer maritime update

Proposed changes to the Employment Relations Act 2000 (ACT)

Firm receives recommendations and commentary in 2018 Legal Directories

Getting the Deal Through works with many of the best lawyers and law firms in the world

New Zealand's Fair Trading Act 1986 prohibits a range of misleading and deceptive behaviours

You should review your will every five years

We are thrilled to announce that the first part of Holidays Act 2003: Guidance on annual holidays and related provisions has now been published

Recent Construction Law Decisions and Developments in New Zealand

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...

How can parents protect the inheritance they will provide their children

Recognised in Legal 500 Asia Pacific 2017 Legal Directory

Does a significant factual dispute preclude summary judgement?

With the new Health and Safety at Work Act 2015, the rules around notifications have changed.

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.

The Companies Act gives no guidance on how to determine whether a director will pass the Residency Requirement in New Zealand.

Just a quick refresher on discrimination.

Compliance with the Holidays Act is paramount, but that is closely followed by compliance with any collective agreement and then individual employment agreement.

What are Labour Inspectors meant to do?

This is the first of three newsletters focused on payroll compliance.

We have set out the most significant changes

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.

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...

In this insurance law update, we summarise significant decisions released in the second half of 2015.

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...

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...

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...

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...

How much annual leave does an employee have and when is an employee entitled to take time off?

What is Driving the boom?

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...

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 ...

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...

How can you tell whether a person is an employee or contractor?

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...

Is a former employee entitled to holiday pay on earnings received after they have finished work?

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...

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...

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...

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...

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...

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...

Not all claims in advertising are meant to be taken literally.

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...

The Background To SME Business Succession Business succession for small to medium enterprise businesses (“SME’s”) has become a hot topic. Many SME business owners consider the sale o...