Business Advice
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Increase in Sick Leave Entitlement – Tomorrow
From tomorrow, Saturday 24 July 2021, the minimum entitlement to sick leave increases from 5 to 10 days in each entitlement year.
23.07.2021 Posted in Business Advice & Employment
ASB Showgrounds liquidation – An iconic venue in strife
The events industry has been strongly affected by Covid-19.
At first glance: Overseas Investment Amendment Bill (No 3) 2021
The Overseas Investment Amendment Bill (No 3) (Bill) received royal assent on 24 May 2021
Construction Contractor Controversy: Guidance on the Status of Contractors
Workers in the construction industry are frequently engaged as independent contractors.
18.06.2021 Posted in Business Advice & Construction & Employment
How to break up with a suspected money launderer: High Court Guidance
The High Court has provided guidance on how to end a business relationship with a suspected money launderer.
15.04.2021 Posted in Business Advice & Regulatory
What happens if my employee refuses to get the COVID-19 vaccination?
While there are enough COVID-19 vaccinations to inoculate each New Zealander, it has been reported that some ‘frontline’ workers have refused to get vaccinated, or have failed to attend vaccinatio...
14.04.2021 Posted in Business Advice & COVID-19 & Employment
Bereavement Leave Confirmed for Miscarriages and Stillbirths 
New Zealand has become the second country in the world to pass legislation that provides bereavement leave for mothers and their partners after a miscarriage or stillbirth.
26.03.2021 Posted in Business Advice & Employment
Court of Appeal Overturns Employment Court’s Decision in Tourism Holdings
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment (Tourism Holdings) is the first decision in which the Employment Court considered section 8(2) of the Holidays Act 2003 (Act). The Court of Appeal has recently overturned this decision.
26.03.2021 Posted in Business Advice & Employment
Guarantees must be in writing and signed to be enforceable
For a guarantee to be enforceable, the requirements set out in section 27 of the Property Law Act 2007 (Act) must be strictly complied with.  This is what the NZSC held in Brougham v Regan. The key i...
19.03.2021 Posted in Business Advice
UK Supreme Court Delivers Decision on Uber Driver Employment Status
The distinction between employee and independent contractor can be complex, particularly where the nature of the business model blurs the lines of standard employment practices.
16.03.2021 Posted in Business Advice & Employment
Holidays Act Overhaul – Taskforce Recommendations
There have been calls for an amendment of the Holidays Act 2003 (Act) for some time.
16.03.2021 Posted in Business Advice & Employment
COVID-19 – Government support explained
With a myriad of government benefits available to help employees and businesses cope with the COVID-19 lockdowns, it is easy to become overwhelmed with the differing eligibility requirements and vario...
04.03.2021 Posted in Business Advice & COVID-19 & Employment
The impact of lockdown on the Minimum Wage Act: the Employment Court judgment in Gate Gourmet
In Sandhu v Gate Gourmet New Zealand Ltd, Gate Gourmet challenged the Employment Relations Authority’s determination that the protections under the Minimum Wage Act 1983 (MWA) applied to its employe...
03.03.2021 Posted in Business Advice & Employment
“Recklessness” under the Health and Safety at Work Act 2015
The High Court has clarified the elements of the offence of reckless conduct in the Health and Safety at Work Act 2015.
When is someone ‘at work’ under the Health and Safety at Work Act?
The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.
18.02.2021 Posted in Business Advice & Health & Safety
The High Court clarifies the liability of ‘officers’ under the Health and Safety at Work Act 2015
The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.
17.02.2021 Posted in Business Advice & Health & Safety
Employment Law Considerations for Buying or Selling a Business
The people in a business often make the business, so if you are planning to buy or sell a business, it is important that you understand your employment law obligations in relation to employees.
17.02.2021 Posted in Business Advice & Employment
Employment Court Deems Uber Driver a Contractor
Although immensely popular due to its user friendly interface and low prices, the Uber Group is facing challenges to its business model worldwide.  Issues about the rights of Uber’s drivers have be...
12.02.2021 Posted in Business Advice & Employment
Increase in sick leave entitlement – what you need to know
The Holidays (Increasing Sick Leave) Amendment Bill (the Bill) was introduced in December 2020 and passed its First Reading on 1 December 2020. With the government’s clear majority, the Bill is anti...
02.02.2021 Posted in Business Advice & Employment
Phishing for payment: How Team New Zealand was scammed
Hackers often try to scam entities making international payments by impersonating one, or both, parties to the payment.
The Commerce Commission is set to undertake a market study into the Retail Grocery Sector
On 17 November 2020 the Minister of Commerce and Consumer Affairs announced a market study into the retail grocery sector through the Commerce Commission under Part 3A of the Commerce Act 1986 (Act)....
Court of Appeal cuts fine for Steel & Tube’s breaches of the Fair Trading Act 
The Court of Appeal in Commerce Commission v Steel & Tube Holdings Limited [2020] NZCA 549 has set aside last year’s High Court decision under the Fair Trading Act 1986 (FTA) where it imposed a ...
Is a Contract a Contract (if a Court says it’s not)?
Savvy Vineyards 4334 Ltd v Weta Estate Ltd [2020] NZSC 115
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
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
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.
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
Privacy Act 2020: new obligations to report privacy breaches
The Privacy Act 2020 creates a new requirement to report serious privacy breaches, as from 1 December 2020. 
25.09.2020 Posted in Business Advice & Employment & Regulatory
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
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
COVID-19 and the Future of Force Majeure
Not since Y2K have force majeure clauses been of so much focus.
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
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 ...
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
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
Lifting the roof on director’s duties
First prosecution for serious breaches of director’s duties under the Companies Act.
COVID-19: Industries interrupted: A call for clarity in respect of Business Interruption Cover
Understandably, businesses worldwide are looking for financial support to offset losses flowing from the restrictions governments have placed on how we can conduct business as part of global and local responses to control the spread of COVID-19.
13.05.2020 Posted in Business Advice & COVID-19 & Insurance
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
COVID-19: Insolvency Law Changes
On Tuesday afternoon the government introduced legislation to implement the changes to the Companies Act 1993 (the Act) it announced in early April.  These changes are intended to assist companies to...
COVID-19: Extension of Leave Support Scheme for “At Risk” Workers
On 24 April 2020 and with a shift to Alert Level 3, the Government has announced that the COVID-19 Essential Workers Leave Support Scheme has been extended to cover “non-essential” workers who are...
04.05.2020 Posted in Business Advice & COVID-19 & Employment
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
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...
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: 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 & 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
COVID-19: Temporary ‘safe harbour’ from directors’ insolvency duties
As mentioned in Hesketh Henry’s article “COVID-19: Insolvency law changes” (https://www.heskethhenry.co.nz/insights-opinion/covid-19-insolvency-law-changes/), Grant Robertson has announced that ...
COVID-19: 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
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
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...
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
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