Transport Law
Keeping you on the right road
Wynn Williams has a thorough understanding of this sector; and we advise one of New Zealand’s largest specialist transport operators.

Our cross-disciplinary approach provides relevant expertise in commercial law, industrial property, and resource management - as well as a range of compliance issues specific to transport operators.

We regularly advise on:
  • Employment relations
  • Health & safety
  • Prosecutions
  • Acquisitions and disposals
  • Financing
  • Business structuring
  • Compliance
  • Resource Management Act issues

Clients include:
  • one of the country’s largest specialist transport operators, with branches and depots throughout New Zealand and the state of Victoria
  • a number of smaller, locally-owned transport and freight companies
We are a preferred supplier of legal services to Road Transport Association NZ and we provide regular training, publications and advice to their members nationally.

Specialists

Recent Projects

  • Working with RTANZ staff and members on employment processes, documentation and advice.
  • Advising ANZ Bank in relation to the restructure, receivership and sale of a large New Zealand transport business.
  • Drafting subcontractor agreement including health and safety clauses
  • Advice on various drug and alcohol issues relating to impairment at work and testing
  • Advising transport operators regarding license compliance, drawing on previous experience acting for the New Zealand Transport Agency in licence revocation litigation.

Articles

21/04/2020

Covid-19: Employment considerations moving to Level 3

The government has announced that New Zealand will move to COVID-19 Alert Level 3 from 28 April 2020 for two weeks, at which time it will be reviewed. Under Level 3, people are required to work at home unless that is not possible. Workplaces can only open if Workers cannot work from home; and Workplaces are operating safely; and Customers are not allowed on premises; and Businesses can trade without physical contact. Does this affect your business?

Keep reading...


21/04/2020

COVID-19: Health and Safety requirements for returning to the workplace under Level 3

With the announcement that New Zealand moves to Alert Level 3 on 28 April 2020, many businesses are asking what they need to do to prepare for a return to the workplace. Health and safety planning will be needed to ensure that effective COVID-19 controls are in place and that the health and safety of workers, and other people, is not put at risk.

Keep reading...


2/04/2020

‘Accessible Streets’ rule package proposed by the Associate Minister of Transport

The Associate Minister of Transport has proposed an ‘Accessible Streets’ rule package which seeks to improve the safety and efficiency of multiple types of transport.

Keep reading...


1/04/2020

COVID-19: Consultation timeframes extended for Government policy documents

The Ministry for the Environment has extended the consultation timeframes for the proposed National Environmental Standards for the Outdoor Storage of Tyres and proposed amendments to the National Environmental Standards for Air Quality. In addition, the Ministry of Transport has extended the consultation timeframe for the draft Government Policy Statement on Land Transport.

Keep reading...


31/03/2020

Keeping New Zealand moving – draft Government Policy Statement on Land Transport

The Government is seeking feedback on the draft Government Policy Statement on Land Transport for 2021/22 – 2030/31 (GPS 2021). The GPS 2021 aims to provide direction to those who are planning, assessing and making decisions on investment of the National Land Transport Fund (Fund) over the next 10 years.

Keep reading...


23/10/2019

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

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.

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25/07/2019

Dealing with NZTA disputes – cooperate or litigate?

In October 2018 the NZ Transport Agency (NZTA) announced that it was undertaking an extensive review of its 850 open compliance files. This announcement came with the message that the NZTA would be toughening up its compliance regime and would no longer be prioritising education over enforcement.

Keep reading...


27/08/2018

Receiverships: who, what and why

The recent enforced receivership of national construction firm Ebert Construction has thrust receiverships back into the spotlight. With some 95 staff laid off and creditors owed around $40 million, the consequences of a high-profile company being forced into a receivership are apparent. Nonetheless, many people involved in the construction industry, and the general public, may have little knowledge of what a receivership entails.

Keep reading...


4/08/2017

Health and Safety at Work Act 2015 – A Landlord's Perspective

This article considers what is required of landlords, whether commercial or residential, under the health and Safety at Work Act 2015.

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9/03/2016

The Employment Standards Legislation Bill

The Employment Standards Legislation Bill will see some sweeping changes made to our employment laws, due to come into effect from 1 April 2016. The Bill makes several amendments to key pieces of employment legislation with the aim of "(promoting) fairer and more productive workplaces by providing enhanced protections and benefits for both employers and employees".

Keep reading...


4/02/2016

New year, new plan

With 2016 well and truly here and January done and dusted resolutions may have been set, new systems in place and the journey has started to achieve those milestones. With the life plan in place it may also be a good time to consider your 'legal health' and your plan for the New Year in that regard.

Keep reading...


3/12/2015

New Health & Safety Legislation - not something to fear

It is true that all organisations are going to be affected by the changes to the Act and that the duties of care imposed cannot be transferred or insured against, but it must be made clear that many organisations who prioritise health and safety will be already doing most of what is required.

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20/10/2014

Private Health and Safety Prosecutions

A number of private prosecutions under the Health and Safety in Employment Act 1992 (HSEA) have been signalled in recent months. Having recently been counsel in a HSEA private prosecution, Tim Mackenzie outlines the issues that practitioners considering a HSEA prosecution should consider. Registering an interest Any party interested in a potential prosecution must first formally notify Worksafe New Zealand (Worksafe) of an interest in any enforcement action being taken. Worksafe must then advise the interested party of any decisions taken including a decision not to prosecute. If Worksafe declines to prosecute it is sensible for your client to consider their reasons and give weight to them.

Keep reading...


13/03/2014

Disclosure of Job Candidate Information

A recent decision of the Human Rights Review Tribunal contains significant developments for employers over their obligations to withhold and disclose private information. The decision, Waters v Alpine Energy Limited, has allowed an unsuccessful job candidate to view information regarding the recruitment process, including CV's of other candidates. This has caused a stir in the industry.

Keep reading...


12/03/2014

New Health & Safety Bill Introduced to Parliament

As discussed in our previous articles Impact of Health and Safety Reforms at Governance Level and Government Announces Law Reform Package for Workplace Safety, the Government’s “Working Safer” package aims to significantly reform New Zealand’s Health and Safety law. One of the most fundamental components of this change will be the introduction of entirely new legislation. This will replace the Health and Safety in Employment Act 1992 (HSE).

Keep reading...


5/02/2014

Minimum Wage Obligations for Salaried Employees

Are you aware that you have an obligation to ensure at least the minimum wage is paid to your salaried employees?

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5/02/2014

Redundancies: Justifying your Decision to Restructure

Of recent times, there has been development in the law surrounding redundancies and an employer's decision to restructure their business. With many employers looking to restructure, it is timely to summarise these developments.

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1/08/2013

How Safe is Your Goods Service Licence?

You are required under the Land Transport Act 1998 ("the Act") to hold and maintain a Transport Service Licence ("TSL"). If you lose your TSL, you cannot lawfully operate.

Keep reading...


2/07/2013

Restraints of Trade in a Competitive Market

There are two words that every employer fears from a key employee, "I'm leaving."  The situation is only made worse when you find out that your key employee is leaving to join a competitor!

Keep reading...


9/06/2013

Drugs and Alcohol in the Workplace

Everyone knows that an employee who turns up at work under the influence of drugs or alcohol poses a very real risk not only just to their own safety but also to the safety of other employees and customers - especially where the operation of heavy machinery is involved.  This doesn't always (but can) involve blatant drug or alcohol use at work.  Sometimes, as an employer, you are dealing with the after-effects of drug or alcohol use by your employee the night before.  In other instances, you are trying to screen for drugs and alcohol in a safety sensitive area.

Keep reading...


4/04/2013

Don't Get Burned - The Importance of Business Interruption Insurance

Recently a demolition business owner had three of his trucks destroyed by arson. Unfortunately, whilst the business has insurance for the damage to the trucks, it has no cover for the business it will lose with three of its fleet out of action.

Keep reading...


16/02/2012

Handling Redundancies in Tough Times

Canterbury business owners have received a number of blows over the last couple of years.  The ongoing global financial crisis coupled with the effects of the Christchurch earthquake and subsequent aftershocks have hit many businesses hard.  Some business owners can no longer carry on as they have done in the past and now must consider downsizing their business to keep afloat.  This may result in business owners having to make the tough decision to lay off some of their staff. 

Keep reading...
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Wynn Williams Christchurch
Level 5, Wynn Williams House, 47 Hereford Street, Christchurch 8013, New Zealand.
PO Box 4341, DX WX11179, Christchurch 8140.
+64 3 379 7622
+64 3 379 2467
Wynn Williams Auckland
Level 25, Vero Centre, 48 Shortland Street, Auckland 1010, New Zealand.
PO Box 2401, Shortland Street, Auckland 1140.
+64 9 300 2600
+64 9 300 2609
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