News

Employment Law Update

Posted by Benefitz Admin on December 4 2018

Paid parental leave entitlements Following the Budget 2014 the Government is set to increase the maximum parental leave payment for eligible parents. Amongst other changes the length of leave eligible parents will be able to take is set to increase in two stages. To be eligible for... Read the rest of this entry

Good trademark news for China traders

Posted by Benefitz Admin on December 4 2018

The long anticipated changes to China’s Trade Mark Law came into effect on 1 May 2014. The newly adopted amendments will be welcomed by many international companies that are either exporting to or from China. China’s Trade Mark System China, like New Zealand, is party to... Read the rest of this entry

Best practice guidelines to prevent bullying

Posted by Benefitz Admin on December 4 2018

In February 2014 Worksafe New Zealand released its best practice guidelines for preventing and responding to bullying in the workplace. Bullying in the workplace is an issue that many employers find difficult to deal with.  There are issues in dealing with both the victim and the... Read the rest of this entry

New Financial Reporting Framework for Companies

Posted by Benefitz Admin on December 4 2018

The Financial Reporting Act 2013 and most of the Financial Reporting (Amendments to Other Enactments) Act 2013 came into force on 1 April 2014 bringing a number of positive and timely changes to financial reporting for small and medium sized companies. From 1 April, most companies will no... Read the rest of this entry

Mobil not liable to pay Auckland Waterfront $10m in damages

Posted by Benefitz Admin on December 4 2018

Mobil not liable to pay Auckland Waterfront $10m in damages to remove or contain subsurface contamination. A recent case has highlighted the kind of dispute that can arise over clean up obligations at the end of tenancies. In the recent High Court case of Auckland Waterfront... Read the rest of this entry

Introducing 2 new partners

Posted by Benefitz Admin on December 4 2018

Shieff Angland is pleased to announce the appointment of two new partners, Kellie Bright and Kalev Crossland. Kellie Bright is a specialist corporate, commercial and trust lawyer. Kellie has significant experience in advising on business acquisitions, mergers, restructurings, corporate... Read the rest of this entry

New Food Standard 1.2.7 – Nutrition, Health and Related Claims

Posted by Benefitz Admin on December 4 2018

All food businesses need to be aware of the introduction of a new food standard which has significantly changed the nutrition and health claims that can be made on labels and advertising of food. The new standard 1.2.7 became law on 18 January 2013. It will work alongside the current... Read the rest of this entry

Consumer Law Reform Bill

Posted by Benefitz Admin on December 4 2018

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 December 4 2018

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 December 4 2018

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 December 4 2018

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 December 4 2018

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 December 4 2018

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

Re:Source – Changes to Collective Bargaining Rules to be made

Posted by Benefitz Admin on December 4 2018

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 December 4 2018

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 December 4 2018

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 December 4 2018

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 December 4 2018

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 December 4 2018

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 December 4 2018

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