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LEASE UPDATES 2025: KEY CHANGES TO THE LAW ASSOCIATION DEED OF LEASE
Posted by Nadia Ng on February 27 2025
The Law Association (formerly Auckland District Law Society) has released the seventh edition of its standard form Deed of Lease, marking the first major update since 2012. The new version reflects changes in the commercial leasing market, economic shifts, and legal developments following... Read the rest of this entry
BIG SHAKE-UP: MAJOR EMPLOYMENT LAW CHANGES COMING IN 2025!
Posted by Tony Sung on February 27 2025
The coalition government promised big changes when it took office in 2023—now they’re delivering. With a suite of employment law reforms on the horizon, New Zealand employers and employees should prepare for significant shifts. Here’s your punchy rundown of what’s... Read the rest of this entry
RESOLVING DISPUTES IN NEW ZEALAND: FASTER, SMARTER ALTERNATIVES TO COURT
Posted by Jesvin Boparoy on February 27 2025
Disputes are an inevitable part of life—whether in business, construction, employment, or personal matters. When conflicts arise, many assume the only solution is to head to court. However, traditional litigation is often expensive, time-consuming, and stressful. In New... Read the rest of this entry
CAN EMPLOYERS ORDER THEIR EMPLOYEES BACK TO OFFICE?
Posted by Tony Sung on October 29 2024
One of the major impacts of COVID-19 on workplaces was the dramatic increase in the number of employees working remotely, mainly from their homes. Although working from home comes with many benefits, such as no commute time and the ability to be flexible with work hours and the care of children,... Read the rest of this entry
RISKS FOR COMMERCIAL LEASE LANDLORDS
Posted by Dash Kovalenko on October 29 2024
Commercial property ownership and leasing can be a lucrative investment, but it has risks. Landlords of commercial leases face various challenges that can affect their financial return and property value. Therefore, before anyone considers becoming a landlord, they need to be aware of... Read the rest of this entry
NAVIGATING LIABILITY: THE SUPREME COURT'S RULING ON CONTRIBUTION CLAIMS IN CONSTRUCTION
Posted by Jesvin Boparoy on October 29 2024
In a landmark decision, the New Zealand Supreme Court recently ruled on the case of Beca Carter Hollings & Ferner Ltd v Wellington City Council [2024] NZSC 117 . The case has significant implications for the construction industry and legal practitioners, particularly concerning the... Read the rest of this entry
WILES V UNIVERSITY OF AUCKLAND: A LESSON FOR EMPLOYERS AND PCBUs
Posted by DeAnne Brabant 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 Jesvin Boparoy 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 Dasha Kovalenko-Gormack 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 Bella Bycroft, Brydie Godsiff And Kalev Crossland 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 Tony Sung 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 Paranpal Singh 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 Rachel Holland 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 Bella Bycroft & Brydie Godsiff 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 Tony Sung 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 Kellie Bright 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 DeAnne Brabant 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 Dasha Kovalenko-Gormack 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 Jesvin Boparoy 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 Tilly Tong 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