Latest updates

16 October 2023

Business Payment Practices Act 2023: New Reporting Obligations for Large Businesses

A follow-up article to our update on 4th April 2023, on the implications for businesses of the Business Payment Practices Act 2023, which comes into effect in May 2024.

26 September 2023

Commercial eSpeaking - Spring 2023

In the Spring 2023 edition of Commercial eSpeaking: Mainzeal decision – major implications for company directors; New retention monies legislation gives better protection – comes into force on 5 October; Business briefs: Lego wins trade mark dispute with Zuru; Start preparing for the Incorporated Societies Act 2022; ESG and directors: the Companies (Directors’ Duties) Amendment Act 2023 now in force.

30 July 2023

Fineprint - Winter 2023

In the Winter 2023 edition of Fineprint: Land covenants: now commonplace in residential developments; Advance directives: right to choose your healthcare; School boards of trustees: significant obligations and responsibilities; Time changed to raise personal grievance for sexual harassment: extended from 90 days to 12 months; Postscript: Firearms Register now up and running – Looking after your mental health.

15 June 2023

Leveraging Terms of Trade for Cashflow

Despite New Zealand dipping into recession recently, and the doom and gloom of various commentators, business carries on. The unfortunate side effect is payment days for accounts receivable starting to push out, with the odd non-payer or bad debt starting to arise. This article provides a tactic to combat these issues.

1 June 2023

Commercial eSpeaking - Winter 2023

In the Winter 2023 issue of Commercial eSpeaking, our commercial law newsletter:

• 2023 Budget – key points;
• Business continuity planning: An essential component of running a business;
• Business briefs: Update on construction contracts retention regime – New obligations for businesses offering Buy Now Pay Later – Large businesses may need to disclose payment practices – Are your T&Cs unfair?

3 May 2023

Rural eSpeaking - Autumn 2023

Inside the Autumn 2023 issue of Rural eSpeaking:

• Severe Weather Emergency Legislation Act 2023: Assisting recovery and improving resilience
• Leased land impacted by Hale and Gabrielle:Some options for lessees
• Over the fence: Resource Management (National Environmental Standards for Freshwater) Regulations 2020 now amended; Affordable Water Reform replaces Three Waters; Cyclone Gabrielle: animal welfare management

20 April 2023

Fineprint - Autumn 2023

In the Autumn 2023 issue of Fineprint, our general law newsletter:

• Keeping your employees during the ‘big quit’: Retention tools and some risks;
• Guest editorial – Having a cyber resilient business. Jan Thornborough, founder of Intelligensia;
• Bank of children: Children helping their parents;
• Driving on a limited licence: Can be done, but strict conditions apply;
• Postscript: Minimum wage increased on 1 April 2023 – Improving the sustainability of your supply chain.

14 March 2023

Bright-line test and lifestyle blocks

Lifestyle block owners … are you selling? Do you need guidance on the definition of residential land for the purposes of the bright-line test?

21 February 2023

Commercial eSpeaking - Summer 2023

Inside the Summer 2023 edition of Commercial eSpeaking:

• Letter of intent: Useful but can present problems;
• What is the PPSR? Gives protection when leasing or selling goods;
• Business briefs: Employment Court rules four Uber drivers are employees; Facial recognition and the Privacy Act: balancing security and individual rights; Cartel conduct: Commerce Commission warns eight freight forwarding companies.

12 December 2022

Rural eSpeaking - Summer 2022

In the Summer 2022 of Rural eSpeaking, our rural law newsletter:

• Trusts and succession: Trustee duties in farm succession planning
• Protecting productive land: New policy statement – NPS-HPL
• Over the fence: Increase in Recognised Seasonal Employer visas; Updates to intensive winter grazing requirements; Proposed changes to the dairy and cattle code of welfare

13 November 2022

Commerce Commission warns freight forwarding companies

The Commerce Commission recently warned eight international freight forwarding companies for likely entering into cartel arrangements with Mondiale Freight Services Limited and Oceanbridge Shipping Limited between 2014 and 2018.

25 July 2022

Fineprint - Winter 2022

Inside the Winter 2022 edition of Fineprint:

• Creditor compromise regime: Another option in insolvency;
• Guest editorial from the ANZ: The economy - tougher times ahead?;
• Love, heartbreak and . . . death? Make a new will and EPAs when you separate;
• New Incorporated Societies Act 2022: Important changes and timeframes;
• Postscript: Fair Pay Agreements Bill - Scams: be vigilant - New whistleblowing legislation now in force

10 July 2022

Vendor Warranties - sale and purchase of Real Estate or a Business

When selling land or business, generally a vendor will give various warranties to a purchaser. These warranties are intended to provide a purchaser with promises that the vendor has made in respect of facts relating to a business or property, and these promises may have enticed a purchaser to enter into an agreement. There is an expectation that a purchaser can rely on these warranties and that the purchaser will get what they’ve paid for.

30 May 2022

Commercial eSpeaking - Winter 2022

Inside the Winter 2022 edition of Commercial eSpeaking: 2022 Budget: Commentary on the main points; Proposed Income Insurance Scheme: Would be compulsory for most Kiwis; Business briefs: Fair Pay Agreements Bill on the table - Proposed legislation to address modern slavery and worker exploitation - Incorporated societies: what next? - Next stage of vaping legislation coming into effect.

1 May 2022

Unfair Contract Regime extended to small business contracts – is your business ready?

Businesses have until 16 August 2022 to ensure they comply with the amendments to the Fair Trading Act (FTA). These changes extend the existing unfair contract terms (UCT) regime that currently applies to consumers, to standard form ‘small trade contracts’ in business-to-business relationships. It’s important that businesses understand the implications of these changes and review their practices.

13 April 2022

Mainzeal in the Supreme Court

Mainzeal Property and Construction Ltd (Mainzeal) was one of New Zealand’s largest construction companies before it was placed in liquidation on 28 February 2013. Given its prominence as a high-profile New Zealand business, the presence of a former Prime Minister on its board and the implications for corporate governance in New Zealand, the various Mainzeal court proceedings have received considerable attention. They have also been important given the implications various courts’ decisions have for company directors.

27 February 2022

Trust eSpeaking - Autumn 2022

Inside the Autumn 2022 issue of Trust eSpeaking: Gift or loan? The importance of properly documenting advances between family members; Caring for Kiwis who cannot make decisions for themselves: Comparing with Britney Spears' conservatorship; Where there is a will, what is the way? A parent dies, but the child is unaware of the death.

16 February 2022

Incorporated Societies – The New Act is Coming – What Does It Say?

From 16 February 2022, the new Incorporated Societies Act will be in the final stages of becoming law and, depending on the Parliamentary schedule, could be in place sometime in February or March 2022.

How do the “rules” in the new Act differ from those in the current (1908)Incorporated Societies Act?

7 February 2022

Commercial eSpeaking - Summer 2022

Inside the Summer 2022 edition of Commercial eSpeaking: Contractors: a veritable minefield of employment law; Grounding your jet-setters: The Covid dilemma of annual leave and holidaying offshore; Business briefs: Charges against Bunnings dismissed; directors found trading recklessly may face multiple fines; important upcoming leglislation drafted.

9 December 2021

Fineprint - Summer 2021

Inside the Summer 2021 issue of Fineprint: Defining a de facto relationship: not that straightforward when it comes to property; Lockdown rent relief: are there remedies?; Working from home: tax status of allowances; Digital Boost: a tool for small business; Waikato DHB cyber-attack: business owners must stay vigilant; Postscript: Looking after your wellbeing - Put Matariki 2022 into your calendar - Stay safe this summer.

17 October 2021

Unfair Contract Regime Extended to Small Business Contracts

Businesses have less than a year to ensure terms in their small business contracts and their trade practices comply with requirements in the Fair Trading Amendment Act 2021 (Amendment Act).

26 September 2021

Property Sharing Agreements - Forcing a Sale

When you’re buying a property as tenants in common (see the article Joint Tenancy vs Tenancy in Common), it’s particularly important that you have a property sharing agreement that includes provisions on what to do if your property sharing relationship breaks down.

6 September 2021

Changes to the Retention Money Regime for Construction Contracts

If passed, the new Construction Contracts (Retention Money) Amendment Bill will change the way contractors hold retention money for subcontractors.

13 July 2021

Fineprint — Winter 2021

In the Winter 2021 edition of Fineprint: Buying off the plans becoming a more popular option in this tight housing market; New edition of To Trust or Not to Trust: updated since the Trusts Act 2019 came into force on 30 January 2021; Climate
Action Toolbox; Post-Covid working world: Keep employment agreements and policies up-to-date; An independent trustee: Can be more important than you might think; Postscript: Mature workers toolkit - Bright-line test extended to 10 years.

4 May 2021

Fineprint - Autumn 2021

Social media - intellectual property owner's friend or foe?; Cyber security 101 for business; A child's right to a relationship with both their parents; LIM reports and property files; postscript.

22 March 2021

Property Speaking - Autumn 2021

Rent review in commercial leases; Reverse mortgages; Property briefs: Is your property fully insured?; Stage 2 of the Residential Tenancies Act changes now in force; Due diligence on a prospective tenant vs that person's right to privacy.

21 December 2020

Rural eSpeaking - Summer 2020

Investment in farming - A focus on syndicated farm investments; The finite supply of water - Water easements; Over the fence: Crown Pastoral Land Reform Bill - submissions open; Synlait settles Pokeno land dispute; Reminder: Trusts Act 2019 comes into effect on 30 January 2021.

8 December 2020

Christmas Parties and Health and Safety Obligations — Avoiding a Legal Sack of Coal this Christmas

We’re in the festive season again, and many companies are planning or hosting their annual Christmas parties. This article sets out a few tips to help employers throw a safe and enjoyable Christmas party. If you haven’t already, check out our article on Christmas Parties and Confidentiality Obligations as well.

15 September 2020

Commercial eSpeaking - Spring 2020

COVID relief roundup - how many schemes are you eligible under?; OIO temporary emergency notification requirement - for all overseas purchasers; Business briefs: Privacy law changes; Remote working - the new normal; Know your contracts; 'Safe harbour' for directors to expire.

29 June 2020

Fineprint - Winter 2020

Emission control: What the Zero Carbon Act means for business; Editorial: Our new normal post-COVID; Charities in New Zealand; Privacy in an ever-evolving digital age: New Privacy Act.

10 June 2020

Fineprint - Autumn 2020

Going out on your own; How are enforceable penalties set out in controls?; Solving relationship property issues by mediation; Family protection and wills.

7 May 2020

Rural eSpeaking

COVID-19 - Agriculture continues to be the mainstay of our economy; Rural leases - What if I can't get on the land in an extraordinary situation? Over the fence: Genuine reasons for fixed-term employment; Read terms of trade!; New Privacy Act will affect rural sector businesses.

7 April 2020

Proposed Relief from Director Duties - What does this mean for you?

On 3 April 2020, in response to the evolving COVID-19 situation, the Minister of Finance announced that the Government will be introducing significant changes to the Companies Act 1993 (Act) to help ease the effects being felt by companies and enabling directors to manage their director duties when grappling with the impact of COVID-19.

20 February 2020

Business partnerships - the law dictates the terms unless partners agree otherwise

There is one very good reason (among many others) why it’s important to clearly document any business arrangement.

20 February 2019

Landlords, can a tenant assign their lease?

The rights of the landlord and tenant around the assignment of a lease will depend on either the written terms of your lease or the Property Law Act 2007 (“PLA”).

15 December 2014

Receivership Or Liquidation - Does It Make Any Difference?

A company that owes you money goes into liquidation or receivership. Does it make any difference to you which it is?

13 November 2019

Rights of renewal for leases - who is in the right?

On expiry of a lease term, a landlord may think they have every right to terminate the lease if the tenant has not exercised their right to renew. However, recent case law suggests that it may not be so easy for landlords to terminate a lease if the tenant wants to stay in the premises.