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Other publications can be found here.

What does equal pay mean for workers and employers?

By: Anthony Drake, Rosie Judd

How does our society value specific types of work?  There is no single answer to that question, but with threats of strike action on the horizon issues such as pay equity are at the forefront of industrial action for a number of sectors of the workforce.  

Napier City Council and its weathertightness exclusion

By: Emily Walton

In Napier City Council v Local Government Mutual Funds Trustee Limited the High Court recently found that a weathertightness exclusion in professional indemnity cover excluded indemnity for both weathertightness and non-weathertightness defects. While not strictly an insurance policy, Justice Grice’s decision is relevant to the wider insurance community.

Further Supreme Court guidance on contractual interpretation, extrinsic evidence and implied terms

By: Emily Walton

Two weeks ago, the Supreme Court delivered its decision in Bathurst Resources Ltd v L&M Coal Holdings Limited. This article outlines the general principles of contractual interpretation; admissibility of extrinsic evidence and implied terms, addressed by the case.

Top tips for preparing your retirement village or care business for sale

By: Phoebe Davies, Danita Ferreira

The opportunity to sell your business can arise at any time. This article broadly sets out the steps that we think should be front of mind for all business owners.

Natural and Build Environments Act: a closer look at environmental limits

By: Lucy de Latour, Alyssa Langford

Section 7 of the NBA introduces the concept of “environmental limits” in relation to the natural environment. The purpose of the limits is to protect the ecological integrity of the natural environment and/or human health.

First look at the proposed replacement for the RMA

By: Alyssa Langford, Mike Doesburg

Reform or replacement of the Resource Management Act 1991 has been on the legislative agenda for some time. The Government announced in February 2021 that it intends to repeal the Resource Management Act 1991 and replace it with three new Acts. an exposure draft has now been released.

How to prepare for upcoming changes to sick leave entitlements

By: Charlene Sell, Meg Moot

The Government’s proposed reform of employees’ sick leave entitlements has now been passed into law. From 24 July 2021, the Holidays Act 2003 will be updated so that an employee’s minimum entitlement to sick leave will be doubled from 5 days to 10 days per year.

Change is coming to New Zealand’s overseas investment regime

By: Stephen Lowe, Phoebe Davies, Danita Ferreira

The Government has enacted long anticipated amendments to the Overseas Investment Act 2005 (Act) which regulates overseas investment in New Zealand. Some of the changes take effect as early as 5 July 2021, with the emergency call-in notification regime coming to an end even sooner.

How Business Interruption insurance could help recovery from the Canterbury floods 2021

By: Emily Walton, Hazel Bowering-Scott

The recent flooding in Canterbury caused extensive damage to farms and other businesses that will impact business revenue for many over the coming months. Find out how Business Interruption insurance could help.

Building defects and limitation update – good news for building owners and councils, bad news for designers

By: Josh Taylor

Councils are often pursued in building defect claims, but following a recent High Court decision, can they now seek contribution from other involved parties, even after 10 years?

Insurance claims for swamped vehicles – driving through flood waters

By: Richard Hargreaves

Every time New Zealand has a period of heavy rain, we see multiple stories of vehicles becoming stuck on flooded roads. Below, we discuss the insurance issues drivers may face if their vehicle is damaged by flood waters.

Holidays Act update

By: Anthony Drake, Rosie Judd

Government has announced that it has accepted all the Holidays Act Taskforce’s recommendations and expects to introduce legislation in 2022.  It is universally accepted that most employers have experienced some difficulty in calculating accrual and payment of employee holiday entitlements.  In recent years, many employers have been required to recalculate employee holiday entitlements and there have been significant pay-outs to correct errors. 

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