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WILES V UNIVERSITY OF AUCKLAND: A LESSON FOR EMPLOYERS AND PCBUs
Posted by Kelly Rouzbehi on September 3 2024
The recent Employment Court judgment in Wiles v University of Auckland has raised some interesting questions for employers. Associate Professor Siouxsie Wiles became a central figure during COVID-19 through her science communications on social media and in mainstream media. She was... Read the rest of this entry
BUILDING RESILIENCE – DEVELOPERS’ TACTICS FOR HANDLING CONTRACTORS’ INSOLVENCY
Posted by Tori Munyard on April 23 2024
As of March 2024, there has been a record number of liquidations in one month compared to over the past nine years — with 234 companies going into liquidation, 26 companies going into receivership, and 20 going into voluntary administration [1]. Statistics show that the building and... Read the rest of this entry
SURRENDER, ASSIGNMENT, OR SUBLEASE – A TENANT’S GUIDE TO CHANGING LEASE CIRCUMSTANCES
Posted by Tori Munyard on April 23 2024
If you are a tenant that leases its premises, and your plans change, you should be aware of the options available to you in terms of parting with possession of the premises: Your options in that instance are likely to be: Surrender of lease Assignment of lease Subleasing... Read the rest of this entry
SMITH V FONTERRA: PAVING THE WAY FOR CLIMATE CHANGE LITIGATION IN NEW ZEALAND
Posted by Tori Munyard on February 27 2024
The recent Supreme Court decision of Smith v Fonterra Co-Operative Group Limited [2024] NZSC 5 significantly advances the climate change and environmental law space. The Court ruled in favour of climate activist Mike Smith (Ngāpuhi and Ngāti Kahu), granting him the opportunity to sue major... Read the rest of this entry
TOUGH NEW LAWS ON EMPLOYERS HIRING MIGRANT WORKERS
Posted by Tori Munyard on February 27 2024
In an era where global migration is a common phenomenon, ensuring the fair treatment and protection of migrant workers has become an imperative task for governments worldwide. New Zealand, known for its progressive policies, has taken a significant step forward with the implementation of the... Read the rest of this entry
EXPLORING THE CHANGES IN THE CHARITIES ACT 2005
Posted by Tori Munyard on February 27 2024
If you are involved in the operation of a charity, you need to be aware of the recent changes to the Charities Act 2005 (Act). Different changes come into play on three critical dates between 2023 and 2024. Most relevant to registered charities include the amendment to the definition of an... Read the rest of this entry
SAFEGUARDING THE LEGAL LANDSCAPE FROM DATA BREACHES
Posted by Tori Munyard on September 1 2023
Cyber security and data breach responses remain of utmost importance for all businesses. With the confidentiality requirements and large financial transactions which law firms undertake, it is especially so in the business of law. How big is the problem, and what are we doing about... Read the rest of this entry
RETHINKING THE WILLS ACT IN THE DIGITAL AGE
Posted by Tori Munyard on September 1 2023
The Wills Act 2007 (Act) is a vital piece of legislation, outlining the legal requirements for creating and executing a will. But with the rapid advancement of technology, could changes to this Act be on the horizon? Section 11 of the Act requires that a will must be made in... Read the rest of this entry
COURT OF APPEAL’S REVIEW OF UBER DRIVERS’ EMPLOYMENT STATUS
Posted by Tori Munyard on September 1 2023
On 25 October 2022, Chief Judge of the Employment Court, Judge Christina Inglis, made a historic ruling declaring that Uber Drivers, including Uber Eats, are employees rather than contractors. The Court of Appeal has recently granted Uber Group’s (Uber) application for leave to... Read the rest of this entry
EXPLORING DIRECTOR AND OFFICER INSURANCE FOR BETTER LIABILITY PROTECTION
Posted by Tori Munyard on September 1 2023
Company directors are facing increased risks of personal liability stemming from regulation and the evolving business environment. Personal liability can arise under legislation (including the Companies Act 1993, Privacy Act 2020, Fair Trading Act 1986, Financial Markets Conduct Act 2013,... Read the rest of this entry
PRIVATE PROSECUTIONS AND THE HEALTH AND SAFETY AT WORK ACT 2015
Posted by Tori Munyard on July 18 2023
A private prosecution can be taken under s.144 of HSWA when: the regulator cannot or chooses not to prosecute a work health and safety incident or breach. In addition, if no investigation is initiated, then private prosecution is still open; the coroner completes and signs a... Read the rest of this entry
A GOOD LAWYER IS AN INVESTMENT
Posted by Tori Munyard on July 18 2023
When people think about lawyers, it appears that for many, the first thing they think about is the cost. However, this presumption fails to consider the value a lawyer brings and the risks they help clients avoid. Let me elaborate on the value… Expertise Lawyers... Read the rest of this entry
TINY HOMES AND THE POWER OF THE EQUITABLE LIEN IN INSOLVENCY
Posted by Tori Munyard on May 16 2023
Tiny homes are becoming more and more popular in New Zealand. But without standard contracts, each provider has their own bespoke documentation, resulting in complications and inconsistencies, particularly in cases where the tiny homes provider goes into liquidation. Because there is... Read the rest of this entry
NAVIGATING MORTGAGEE SALES: KEY CONSIDERATIONS FOR LENDERS
Posted by Tori Munyard on May 16 2023
As interest rates continue to rise, many borrowers may find it increasingly difficult to keep up with their mortgage repayments. In some cases, this may lead to a mortgagee sale, where a lender sells the security property to recover the outstanding debt owed by a borrower. Unlike typical... Read the rest of this entry
PRO BONO AND CONDITIONAL FEE AGREEMENTS
Posted by Tori Munyard on May 16 2023
In my experience with lawyers, their passion for helping their clients is a common theme. They confidently provide a valuable service that positions clients for a positive future, gets them out of a current predicament, sets expectations for relationships, and protects relationships from... Read the rest of this entry
COULD DEFAMATION BE AFFECTING YOUR ONLINE REPUTATION?
Posted by Tori Munyard on March 21 2023
As the saying goes, “first impressions are everything” and, in the digital age, online reviews are just one tool that a business can utilise to influence and attract consumers. There have been significant increases in customers shopping online, and in conjunction with the... Read the rest of this entry
FAIR PAY AGREEMENTS BILL RECEIVES ROYAL ASSENT
Posted by Tori Munyard on March 21 2023
The Fair Pay Agreements Bill introduced in March 2022 received its Royal Assent on 1 November 2022. This Bill, which came into force on 1 December 2022, was introduced to provide a framework for collective bargaining for fair pay agreements across entire industries or occupations,... Read the rest of this entry
PAPERWORK IN A DIGITAL AGE
Posted by Tori Munyard on March 21 2023
The pandemic and the electronic age have significantly impacted the way we use documents. When it comes to knowing what documents must be kept in their original form, there is considerable confusion. Anti-Money Laundering and Countering Financing of Terrorism legislation (AML) has... Read the rest of this entry
WEDDING BELLS ON THE HORIZON?
Posted by Tori Munyard on October 28 2022
I know this may be the last thing you’re thinking about when packing for your honeymoon, however, it would be wise to consider updating your Will. A little unknown fact is that upon marriage or a civil union, your existing Will is automatically declared null and... Read the rest of this entry
SUPREME COURT REITERATED SANCTITY OF EMPLOYMENT SETTLEMENT AGREEMENTS
Posted by Tori Munyard on October 28 2022
In TUV v Chief of New Zealand Defence Force [2022] NZSC 69, TUV claimed she was bullied and harassed whilst employed by the New Zealand Defence Force resulting in unjustified dismissal. TUV accepted that she had entered into a settlement agreement with the New Zealand Defence Force in respect... Read the rest of this entry