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Consumer Law Reform Bill
Posted by Benefitz Admin on April 26 2013
The Consumer Law Reform Bill ( Bill ), a significant and wide-ranging piece of legislative reform, recently had its second reading in Parliament and is expected to be introduced into law later this year. The Bill proposes amendments to various consumer laws such as the Fair Trading Act 1986... Read the rest of this entry
Re:Source – Employment law highlights 2012
Posted by Benefitz Admin on April 16 2013
As the new year gets into full swing, we take this opportunity to look back on some of the employment law highlights (or lowlights depending on your viewpoint) of 2012, as well as to remind you of upcoming changes for 2013. Collective Bargaining No one who read the news or watched... Read the rest of this entry
Re:Source – Employment Court discusses new test for dismissal justification
Posted by Benefitz Admin on August 24 2012
A decision of the Employment Court in July 2012 has shed light on the implications of the 2011 changes to the test for unjustified dismissal. Section 103A of the Employment Relations Act 2000 was amended from 1 April 2011. The test for whether a dismissal or other disciplinary decision by... Read the rest of this entry
Mortgagee sales and “best price”
Posted by Benefitz Admin on July 10 2012
There have been record numbers of mortgagee sales in recent times. However, there has seemingly also been an increased appetite or facility by mortgagors to challenge mortgagees in terms of their “best price” obligations. That is, there has been a rise in the number of cases... Read the rest of this entry
New standard form Sale and Purchase Agreement
Posted by Benefitz Admin on July 10 2012
The Ninth Edition of the form of REINZ/ADLSi agreement for sale and purchase of real estate will be released shortly. The current Eighth Edition 2006 (now at revised version 4) evolved to account for changes in the law, such as, the Property Law Act 2007, e-dealing, claims for compensation... Read the rest of this entry
Summary judgment returns to the District Court
Posted by Benefitz Admin on June 27 2012
Further changes were introduced to the District Court Rules on 14 June 2012. Claimants now have the ability to apply promptly for summary judgment in connection with enforcing settlement agreements and (on a slightly more extended timeframe) in respect of other disputed claims. The... Read the rest of this entry
The Employment Relations Act 2000
Posted by Benefitz Admin on June 26 2012
The Employment Relations Act 2000 recognises that the employment relationship involves more than a contractual exchange between the employee and the employer. The Act is based on the concept of ‘good faith’, which applies to all aspects of the employment relationship. The... Read the rest of this entry
Dispute Resolution
Posted by Benefitz Admin on June 26 2012
Overview The guiding principles for an employer in carrying out a disciplinary process for poor performance or misconduct by an employee are fairness and good faith . There is no precise definition of these concepts. Often it is necessary for an employer to use good judgment and common... Read the rest of this entry
Disciplinary and Dismissal Guidelines
Posted by Benefitz Admin on June 26 2012
Overview The guiding principles for an employer in carrying out a disciplinary process for poor performance or misconduct by an employee are fairness and good faith . There is no precise definition of these concepts. Often it is necessary for an employer to use good judgment and common... Read the rest of this entry
Consumer Protection and GM Labelling – A Legal Industry Perspective
Posted by Benefitz Admin on June 25 2012
Consumer Protection and GM Labelling – A Legal Industry Perspective (a) Some differing views on the New Zealand (and Australian) legal regimes “ Australia and NZ have one of the most comprehensive labelling regimes for GM in the world” : FSANZ, Review of Labelling... Read the rest of this entry
The Consumer Guarantees Act 1993
Posted by Benefitz Admin on June 25 2012
The Consumer Guarantees Act 1993 The Consumer Guarantees Act 1993 places obligations on retailers, manufacturers and service providers. In many cases the obligations also fall on importers and distributors The Consumer Guarantees Act (CGA) sits alongside the Fair Trading Act and... Read the rest of this entry
Re:Source – Changes to Collective Bargaining Rules to be made
Posted by Benefitz Admin on June 25 2012
Re:Source – Changes to Collective Bargaining Rules to be made Labour Minister Kate Wilkinson has announced approval by cabinet of a package of changes to the Employment Relations Act 2000. The changes will include: Removing the obligation to conclude a collective... Read the rest of this entry
Employment Relations Authority – unsuccessful attempt to oust jurisdiction
Posted by Benefitz Admin on March 29 2012
Employment Relations Authority – unsuccessful attempt to oust jurisdiction A High Court action by an ex-employer to recover monies taken by a defaulting employee recently went awry. As the employer in Aztec Packaging Limited v Malevris [2012] NZHC 243 discovered,... Read the rest of this entry
Unit title developments: where to from here?
Posted by Benefitz Admin on February 28 2012
The default rules are limited and are not going to be adequate for many developments. From 1 October 2012 existing body corporate rules will become invalid and the default operational rules will apply. Read the rest of this entry
To gift or not to gift
Posted by Benefitz Admin on February 21 2012
To gift or not to gift Update on the law on gifting On 1 October 2011 one of New Zealand’s oldest taxes, gift duty, was abolished. Gift duty originally operated in conjunction with the estate duty regime to discourage people from avoiding tax by giving away their assets before... Read the rest of this entry
re: source – law news for HR and management professionals
Posted by Benefitz Admin on February 17 2012
re: source – law news for HR and management professionals In this issue New year, new rules Copyright (Infringing File Sharing) Amendment Act 2011 Proposed law changes Copyright (Infringing File Sharing) Amendment Act 2011 The publicity... Read the rest of this entry
Unit title developments: running out of time to comply with new Act
Posted by Benefitz Admin on November 22 2011
The UTA requires all existing bodies corporate to hold an annual general meeting... before 20 December 2011. Read the rest of this entry
Challenging secured creditor priority: revisiting the meaning of “accounts receivable”
Posted by Benefitz Admin on November 22 2011
A new decision of the High Court has reignited the debate as to the true meaning of “accounts receivable" Read the rest of this entry
Is that email binding?
Posted by Benefitz Admin on September 13 2011
The status of email communications and their ability to bind parties to agreements in relation to property was recently discussed in the High Court.The status of email communications and their ability to bind parties to agreements in relation to property was recently discussed in the High Court.... Read the rest of this entry
Re:lease May 2011 – Law news for commercial landlords, tenants and property managers
Posted by Benefitz Admin on May 12 2011
In this issue: Acts of God: lessons from Christchurch Tenant's right to withhold rent or opex Re:lease May 2011 Read the rest of this entry