News

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

PRO BONO AND CONDITIONAL FEE AGREEMENTS

Posted by Rachel Holland 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 Bella Bycroft & Brydie Godsiff 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 Tony Sung 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 Rachel Holland 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 Emma Miller 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 Tony Sung 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

FAIR TRADING AMENDMENT ACT – LIFE IS NOT FAIR, NOW WHAT?

Posted by Thomas Barnaby on October 28 2022

New legislation now in force addresses unfair commercial practices in an attempt to ensure that New Zealand has a trading environment where both businesses and consumers are treated fairly. The Fair Trading Amendment Act 2021 (Act) places new obligations on businesses and provides new... Read the rest of this entry

TO CONSIDER, OR NOT TO CONSIDER – THE DISTRIBUTION OF TRUST ASSETS

Posted by Kellie Bright on October 28 2022

Trustees now have guidance as to whether two types of factors can or should be taken into account when deciding whether to distribute trust assets. The Court of Appeal in Kain v Public Trust [2021] NZCA 685 recently confirmed that a trustee may take into account: A... Read the rest of this entry

TAKING A LEAP – BUYING A BUSINESS

Posted by Dasha Kovalenko-Gormack on September 23 2022

Buying a business is risky, but big risks can have high rewards. If you are thinking about taking the plunge and buying a business, here are some things to consider: What are you buying? ­­­ Be clear on what you are buying. Are you buying just assets and/or shares?... Read the rest of this entry