Legal Updates

All Legal Updates

Chasing the Loan Sharks Out of the Water
The Credit Contracts Legislation Amendment Bill (“CCLAB”) received Royal Assent on 19 December 2019, and introduces a number of changes that strengthen the requirements of responsible lending for banks and financial institutions.
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REINZ/ADLS Agreement for Sale and Purchase – Update 2019
Banking on pulling out of purchasing a property? Not so fast!
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Turbulence in the regions 2
In this second article in our three-part series, we look at some of the important changes to aviation law contained in the Civil Aviation Bill. This topic formed part of presentations by Ford Sumner’s Jaesen Sumner and Sarah Churstain at the recent New Zealand Airports’ Conference.
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Turbulence in the regions?
Big legal changes are currently on the horizon for New Zealand’s aviation industry. When the Civil Aviation Bill has its First Reading and is referred to the Transport and Infrastructure Select Committee during the next 18 months, it will represent the culmination of over half a decade of policy work by officials at the Ministry of Transport, begun under the last National Government.
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Trusts Act Overhaul – What You Need To Know
The Government has introduced significant changes to trust law that will impact anyone that is a trustee or beneficiary of a trust in New Zealand.  It is important for trustees and beneficiaries to be aware of the influence the changes will have on their rights and obligations.  In short, trustees will face increased compliance requirements and beneficiaries will receive a greater amount of information about the trust.
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Do you offer financial advice? You may want to read ours...
The Government has introduced a new financial advice regime that will likely impact any business or individual involved in the delivery of financial advice, services or products in New Zealand.
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A reminder to chatterboxes - Confidential remains confidential
Parties to a Record of Settlement (“ROS”) may be subject to penalties under the Employment Relations Act 2000 (“the Act”) if they breach agreed terms of settlement.
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A lifeline for the construction industry? New procurement rules announced

New Zealand’s construction industry is growing rapidly. In recent years, the industry has used a ‘lowest price model’ approach when awarding construction projects. This has led construction companies to cut costs and under cut each other to secure tenders.

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Fair Trading Act Reminder

The Commerce Commission (“the Commission”) recently took issue with Hell Pizza as a result of its online advertising of the “Burger Pizza”.

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Subbies suck it up again?
On 5 September, Auckland and Waikato-based Stanley Group/Tallwood became the latest in a long line of construction companies to go to the wall.  Initial estimates put the amount owed to creditors at $5 million, with individual subcontractors reportedly owed up to $600,000.
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Incorporated societies update - do your clubs rules need a refresh
The suspensions occurred in the context of Avondale’s prospective plans to rationalise its landholding.
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Overstepping on your restraint of trade clause
The recent High Court case of Commerce Commission v First Gas Limited highlights the need for businesses to think carefully about restraint of trade clauses when it comes to their contractual arrangements.
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High Court exercises jurisdiction to award non-party costs
A recent decision in the High Court in the case of Minister of Education v H Construction North Island Ltd (in rec and liq) has seen a parent company, uninvolved as a party to the legal proceedings, be ordered to pay non-party costs of over a million dollars.
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Law changes for rental properties
From 1 July 2019, several significant changes came into effect which impact landlords, residential tenants and property managers. 
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Court of Appeal rules on interest rate swaps

The Court of Appeal at the end of June held in Bushline and Coomey v ANZ that ANZ’s representations to dairy farmer borrowers were false and of legal consequence

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Breaks legislation – Do employees have to take breaks?

The law regarding break allowances for employees has recently changed.

The Employment Relations Amendment Act 2018 has amended the Employment Relations Act 2000 to state that:

“an employee is entitled to, and the employee’s employer must provide the employee with, rest breaks and meal breaks”.

Are you up to speed with the new changes and what they require?

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Are You Still Relying on Employment Trial Periods?

Trial periods are no longer available for employers with more than 19 employees

If you are an employer that relies on trial period provisions when employing new employees, you need to be aware that the law has now changed.

If you have over 19 employees, you can no longer use a 90 day trial period and any attempt to use one will not be effective.  A new approach is needed.

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Changes to Employment Law in 2019
We address recent changes to the Victims' Protection Act 2018 and the Employment Relations Amendment Act 2018.
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Employment Law Changes

The Employment Relations Amendment Bill 2018 was passed on 5 December. There are 3 stages of changes, taking effect the day after the date the Bill becomes an Act (expected to be this week), 6 months after the date the Bill becomes an Act, and then 6 May 2019.

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