Legal articles & publications

Relationship property reform – have your say

By: Annie Cao

The Law Commission is reviewing the Property (Relationships) Act 1976 (PRA). Since 1976, New Zealand society has changed dramatically. The way people enter and leave relationships has evolved. The value that people place on marriages has changed and New Zealand is now more ethnically diverse.

New year's resolutions about staff - start the process now

By: Amanda Douglas

In our experience, the lead up to Christmas and the New Year is when employers often look ahead to their staffing needs for the upcoming year. Often, it is at this time that employers identify employment issues.

Insolvency update - voidable transactions and payments made by third parties

By: Stephanie Woods

A recent High Court case: McCullagh v Robt Jones Holdings Limited [2017] NZHC 2182, provides an interesting illustration of the application of the voidable transaction regime to payments made by third parties on behalf of a debtor company.

Next wave of RMA changes in force

By: Kirstie Wyss, Alyssa Langford

The second tranche of amendments introduced by the Resource Legislation Amendment Act 2017 came into force on 18 October 2017. These amendments aim to further streamline the resource consent process, with a move away from public participation in the process in favour of a more straightforward consenting pathway.

Eight miles too far?

By: Emily Walton, Annie Cao

Summary of Eight Mile Style v New Zealand National Party [2017] NZHC 2603. The National Party's use of the track Eminem Esque, in its 2014 election campaign was a copyright infringement.

Legal do's and don'ts when hiring a new employee

By: Charlene Sell

In this article, we provide some tips to help you through the recruitment process – from advertising the role, to offering employment to your top candidate.

Supreme Court clarifies when litigation funding amounts to an abuse of process

By: Shane Campbell

The cost of access to the courts is commonly seen as one of, if not the most, significant barriers to access justice. This is true even for corporates. The decision in PriceWaterhouseCoopers v Walker was concerned with the validity of a litigation funding agreement between a company called SPF No. 10 Limited, the liquidators of Property Ventures Limited and related companies, Messrs Robert Walker and John Marshall.

Protecting and commercialising your intellectual property

By: Charlene Sell

Intellectual property is a significant asset for nearly all businesses so it is important that you consider how best to protect and, in some cases, commercialise it.

Unsubstantiated representations – Fujitsu first scalp for Commerce Commission

By: Charlene Sell

Fujitsu General New Zealand Limited is the first business to be convicted and fined under the unsubstantiated representations provisions in the Fair Trading Act, which came into force in June 2014.

Does my business really need written terms of trade?

By: Charlene Sell

Many of us that purchase products or services online simply tick a box agreeing to the supplier's terms of trade without reading them or giving them a second thought. But those terms of trade can be very important, particularly when a deal goes wrong. Your business should have written terms of trade so you have evidence of what has been agreed with your customer if there is a dispute.

Contract and Commercial Law Act: what businesses need to know

By: Charlene Sell

On 1 September 2017 the new Contract and Commercial Law Act came into force. This Act consolidates 11 contract and commercial statutes into a single piece of legislation.

A new look for the law of contempt in New Zealand?

By: James Anson-Holland

The purpose of this article is to provide a brief overview of the current position on the law of contempt and to summarise the Law Commission's recommendations and the Government's Response in order to comment on the future scope of contempt in New Zealand.

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