Legal articles & publications

Insolvency update April 2018

By: Stephanie Woods, Jordan Halligan

This article provides an update on insolvency matters with reference to recent case law.

Legislative update: restoring the "four aspects of well-being"

By: Lucy de Latour, Imogen Edwards

The Government has introduced two new Bills which are due to have their First Reading next week: the Local Government (Community Well-being) Amendment Bill, and the Local Electoral Matters Bill.

Employment Relations Bill introduced – changes to trial periods and more

By: Amanda Douglas, Sophie Carter

With a new government comes new legislative changes. Following announcements by the Labour Government that changes would be made to employment laws , the Employment Relations Amendment Bill has now been introduced into Parliament.

Is it OK to collect biometric data from workers?

By: Anthony Drake

The collection of biometric data includes not only fingerprint, but voiceprint, or the scan of a person’s retina, iris, face or hand, and is becoming increasingly commonplace. It is easy to see how some employers could view the introduction of electronic scanning as helpful to eliminate common forms of timekeeping fraud and to produce a more streamlined operation.

A new infringement system for conservation related offending

By: Michelle Mehlhopt, Imogen Edwards

The Conservation (Infringement System) Bill is currently with the Environment Committee and is open for submissions until Friday, 6 April 2018. The Bill provides central and local government agencies with infringement notices as another tool for dealing with lesser offences under conservation legislation.

Purchase of real estate: High Court reminder of what not to do when another party tries to cancel an agreement

By: Shane Campbell

Associate Judge Sargisson's decision in Sutton v van Der AA is a timely reminder of how parties should act if they do not accept a repudiation (cancellation) of an agreement by the other party. In essence, if you do not accept the repudiation then you should conduct yourself that way by your words and actions.

The easy allegation that's hard to prove: appealing selection decisions affected by bias

By: Nicholas Lawrence

This article will look at the allegations of bias that have arisen in the New Zealand Sports Tribunal and Court of Arbitration for Sport (CAS) to explore how they tend to be decided and the differences between actual and apparent bias.

Can I turn my phone off?

By: Anthony Drake

Technology is changing the way we work and think. There is an expectation in the modern connected world that employees will always be available to respond to the employer’s or customer’s demands. A lack of availability or responsiveness is often perceived as detrimental to competitive advantage.

Has your property been damaged by Cyclone Fehi?

By: Emily Walton

If Cyclone Fehi has caused flooding, landslip or other damage to your property, you can lodge a claim with EQC by calling 0800 DAMAGE. You have up to three months to do so. You can also lodge a claim with your insurer in respect of the damage your house, garage and other outbuildings may have suffered.

"No Oral Variation" clauses and their enforceability: the current legal landscape in New Zealand and England

By: Shane Campbell

Is it possible to agree in writing that you will not alter that agreement other than by writing? It is common for commercial contracts to have a clause proscribing oral variations (or variations by conduct), or at least attempting to do so. It is also increasingly common for parties to enter into dispute about the efficacy of oral variations notwithstanding the presence of such clauses. The question for practitioners is whether such clauses are enforceable.

90 day trial periods – soon to change for some

By: Amanda Douglas, Sophie Carter

The Labour-led Government has announced that the use of 90 day trial periods will be prohibited for any business that employs more than 19 employees. The Bill proposing the changes is expected to be introduced to Parliament on Monday 29 January 2018

Do councils now owe a duty of care to building developers?

By: Jonathan Pow

Jonathan Pow and Isabella van Woerkom discuss the recent Supreme Court decision in Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council.

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