News & Publications

WARRANTIES V INDEMNITIES

Posted by Lisa Garrud on December 13 2019

In the context of commercial transactions, contractual protection will often be in the form of warranties and indemnities. Depending on the nature of the contract, warranties and indemnities are frequently used to allocate risks between the parties involved. Therefore, it is important to... Read the rest of this entry

REPAYABLE ON DEMAND?

Posted by Lisa Garrud on December 13 2019

Every day family members and friends loan each other money. The form of the agreement is typically casual. Sometimes the agreement (whether oral or in writing) will not mention when repayment is to occur or will simply say ‘repayable on demand’.  Does this matter?... Read the rest of this entry

MAKING IT FAIRER FOR TENANTS

Posted by Lisa Garrud on December 13 2019

One third of New Zealanders now live in rental properties. If you are a tenant renting in major cities in New Zealand (like Auckland and Wellington) or looking to rent a place, you will be aware of the significant rental rates that landlords are imposing on tenants.  But no... Read the rest of this entry

CRIME SURVEY FINDS MĀORI AND YOUNG PEOPLE THE MOST VICTIMISED

Posted by Lisa Garrud on December 13 2019

Māori form 26% of the most highly victimised people, almost twice as high as their proportion of the New Zealand adult population, according to the Ministry of Justice’s latest report Highly Victimised People. The report comes off the back of the New Zealand Crime and Victims... Read the rest of this entry

Construction disputes - Tips on how to avoid them

Posted by Benefitz Admin on November 11 2019

With Auckland crane numbers at almost 100 in July this year, construction litigators have been busy – both vertical and horizontal disputes. Great for lawyers and the experts alike, but not so good for developers, contractors, subcontractors and suppliers. Interestingly, despite the... Read the rest of this entry

Public Works / Land Compensation - Processes

Posted by Benefitz Admin on November 11 2019

In most cases where an entity intends to exercise powers conferred on it under the Act, one of the early steps will be to consult with the relevant landowners, or at the least give notice. However, it is critical as a landowner to know your rights in such circumstances and seek professional... Read the rest of this entry

Sponsorship Agreements – how to avoid selling more than you bargained for

Posted by Benefitz Admin on November 11 2019

Many sporting organisations struggle financially and are reliant on sponsorships with commercial partners to assist with cash flow.  This is greatly appreciated by the organisations and a key way to commercialise the organisation where it might otherwise only be reliant on or predominantly... Read the rest of this entry

Avoiding digital distractions

Posted by Benefitz Admin on November 11 2019

We’re a distracted workforce these days. While some types of distraction can be good for productivity, such as in creative tasks where it can make space for the more intuitive, holistic, creative right brain to rev up, typically distraction is adversely affecting our workplace... Read the rest of this entry

Public Works/Land Compensation – Infrastructure vs Owner’s Use

Posted by Benefitz Admin on October 14 2019

The Public Works Act 1981 (Act) has evolved over a significant number of years to place more protection on the rights of the landowner. However, the Act still confers significant and wide ranging powers to ‘take land’ either by agreement, or compulsorily. Although, these powers are... Read the rest of this entry

The Essentials of being an Effective Director – Lessons from the High Court

Posted by Benefitz Admin on October 14 2019

In the wake of numerous director reckless trading decisions before the High Court, it is timely to remind all those who hold directorships of their legal roles and responsibilities under the Companies Act 1993 (the Act). Earlier this year, the liquidators of Mainzeal Property and... Read the rest of this entry

Trusts Law Update – Trusts Act 2019

Posted by Benefitz Admin on October 14 2019

The Trust Act 2019 (Act) comes in to force on 30 January 2021 and brings important reform to the Trustee Act 1956. The main objective of the Act is to make trust law more accessible to the public.  It sets out and simplifies core trust principles and default administrative obligations,... Read the rest of this entry

Proposed Sports Anti-Doping Rules 2020 under consultation

Posted by Benefitz Admin on October 14 2019

The Board of Drug Free Sport New Zealand has advised that it proposes to make the Sports Anti-Doping Rules 2020 under section 16 of the Sports Anti-Doping Act 2006. The 2020 Rules will amend the Sports Anti-Doping Rules 2019. The draft 2020 Rules and the material incorporated by... Read the rest of this entry

To sue or be sued: The first questions your lawyer should ask.

Posted by Benefitz Admin on September 13 2019

What better way to start off our first newsletter than with something that has been dear to my heart for almost 30 years now. Suing. A lot of fun and interest for me and my team, but for many of you – probably uncertainty or if you’ve been there before, you might liken it to having a... Read the rest of this entry

Overseas Investment Act: Removing unnecessary red tape

Posted by Benefitz Admin on September 13 2019

Consultation on phase two of potential reforms to the Overseas Investment Act 2005 is underway. The recent consultation document released by the Treasury follows from last year’s phase one changes which restricted foreign investment in ‘residential property’. The... Read the rest of this entry

Workplace bullying attacks your bottom line – how to deal with it

Posted by Benefitz Admin on September 13 2019

Often I am called in to help solve bullying issues in the workplace. Usually, this is when the relationships between the parties is already close to breakdown. For instance, not long ago I helped a medical practice with an investigation into multiple complaints of bullying and sexual harassment.... Read the rest of this entry

Building sector facing significant legislative reform

Posted by Benefitz Admin on September 13 2019

In a recent discussion paper, the Government identified a number of longstanding problems within the building sector including inconsistent and insufficient practices, low productivity, labour shortages and poor health and safety practices. It has therefore proposed changes to five areas of the... Read the rest of this entry

MBIE is Targeting Construction Companies

Posted by Benefitz Admin on September 4 2019

MBIE is Targeting Construction Companies You might have heard in the news recently that four construction companies (CNZ Homes, Vanguard Construction, MX Construction and GL Siteworks) have all received infringement notices for breaching Employment Relations Act 2000 and Holidays Act 2003,... Read the rest of this entry

Domestic Violence Leave

Posted by Benefitz Admin on March 21 2019

New type of paid leave for victims of domestic violence available from 1 April 2019 The Domestic Violence—Victims’ Protection Act 2018 will come into force on 1 April 2019. From that day, domestic violence victims will be able to take a new type of paid leave, and seek a... Read the rest of this entry

Changes to Employment Relations Amendment Bill

Posted by Benefitz Admin on March 21 2019

Employment Relations Amendment Bill passes second reading Last year we wrote an article about proposed changes to the Employment Relations Act 2000 ( Click here ). The Bill passed its second reading in Parliament and came into force in December. Unionised employers should be happy... Read the rest of this entry

Anti-Money Laundering (AML) Compliance

Posted by Benefitz Admin on July 5 2018

How New AML Legislation Affects Our Clients Why we need to ask you for information  Recent changes to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 ( Act ) mean that from 1 July 2018, lawyers in New Zealand will be subject to the Act. The legislation... Read the rest of this entry