For a guarantee to be enforceable, the requirements set out in section 27 of the Property Law Act 2007 (Act) must be strictly complied with. This is what the NZSC held in Brougham v Regan.
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The Credit Contracts Legislation Amendment Act 2019 amends the Credit Contracts and Consumer Finance Act 2003 and introduces, amongst other things, a new certification regime and a new due diligence duty.
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Even though the Health and Safety at Work Act has been in force since April 2016, WorkSafe has recently observed that “too many organisations remain locked in a ‘legal obligation’ mind set”.
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In a recent decision, the Employment Relations Authority imposed a penalty on an employer for providing a verbal reference in breach of a Record of Settlement.
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In our previous article on trustees’ disclosure to the beneficiaries we summarised the requirements of the Trusts Act 2019 (“the Act”) in relation to disclosure. This article is designed to provide trustees with more guidance on how they should approach disclosure to beneficiaries.
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There is a presumption that the trustees must disclose basic trust information to every beneficiary and trust information to beneficiaries who request it.
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The 12 New Zealand privacy principles that have underpinned our legislation since 1993 have been increased to 13 principles and some of the principles have been changed…
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Major changes to the law regarding Residential Tenancies Act will come into force on 11 February 2021. The changes modernise the law relating to residential tenancies, reflect the current rental market, give tenants more security and stability, and protect landlords’ interests.
Read MoreIt is a good time for employers to draw on lessons learnt from recent experience with the lockdown. Taking the time to prepare and develop your policies and practices now will help to ensure your employees and work environment are safely managed and to ensure you meet your legal obligations at any alert level.
Read MoreIf cannabis is legalised, what does this mean for employers? Will employers have to accept employee’s turning up to work stoned?
Read MoreDirectors of NZ companies now have temporary protection from liability under the two insolvency-related directors’ duties required under NZ law. In this article we discuss these “safe harbours” and offer our thoughts on what directors should be doing now to help get the protection offered.
Read MoreContinued squeeze on directors - Increased litigation risk and reduced protections
Read MoreThe Government has introduced the Fair Trading Amendment Bill into Parliament. This proposed legislation is the result of the Government's recent work on unfair commercial practices and the review of consumer credit law.
Read MoreThis advice is for employers looking to offer fixed-term employment to Working Holiday Visa ('WHV') holders.
Read MoreChanges to the Trade Marks Act 2002 came into effect on 13 January 2020, which will impact registered trade mark owners.
The main changes are set out in this article…
Read MoreHaving an executor of your will is like having a manager of your affairs (your estate) after your death.
Read MoreNew Zealand’s privacy law is currently undergoing a major revamp, with the 1993 Act expected to be replaced by mid-2020. Here, Dan Winfield of Duncan Cotterill discusses the three things you need to know.
Read MoreHere's what we recommend…
Read MoreRestraint of trade clauses are common in the sale and purchase of a business and in some employment agreements. In a business context, they offer protection to a buyer who has acquired a business and prevent the seller from directly competing against the buyer
Read MoreImmigration Minister Iain Lees- Galloway has announced significant changes to New Zealand’s employer-assisted work visa framework. These changes will affect the way employers recruit migrants for temporary work in New Zealand. Introduced in stages, the changes will be fully implemented by 2021.
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