Latest articles
Lessons to be learned
Friday, 17 February, 2012
Author: Paul Middlemiss
With an ongoing economic downturn, now is a good time to look at what lessons learned could give better protection for business owners including how key assets are owned.
While there are laws that prevent the transfer or disposal of assets to avoid liability to creditors, solvent businesses should consider whether...
Employment Law Update - February 2012
Friday, 17 February, 2012
Getting Employment Agreements Signed
Consider this common scenario. After conducting interviews for a job vacancy, the employer settles on the appropriate candidate, offers the applicant the job which is accepted. Often the offer is made in person, by phone or by way of correspondence with mention of a few of the...
Name suppression for exceptional cases
Friday, 10 February, 2012
Author: Andrea Twaddle
Open justice is fundamental to our society and suppression impedes the media’s ability to report and inform the public about the way justice is served. However, that transparency must be balanced. This article considers the extent of the Employment Relations Authority and Employment Court’s power to order non publication of evidence or the name of any party, witness, or other person to employment disputes.
Important points relating to wills and enduring powers of attorney
Friday, 23 December, 2011
Author: Annette Edwards
There are some important facts of which everyone should be aware in respect of wills and enduring powers of attorney. For example, getting married or entering into a civil union will invalidate a will unless the will was made in contemplation of the marriage or civil union. Separation does not have the same effect. It is therefore important to take advice when significant events occur to ensure that the law will uphold your intentions.
Litigation on the horizon? New obligations regarding managing and retaining relevant documents
Wednesday, 21 December, 2011
Author: Kieran Lomas
On 1 February 2012, new discovery rules (“Rules”) come into force which will affect all litigation commencing after 1 February 2012. While discovery is often a dry topic and only usually of interest to lawyers, there are some important changes to the Rules about which potential litigants should be aware.
Ignore workplace bullying at your own risk
Saturday, 26 November, 2011
Author: Andrea Twaddle
This week a local high school initiated an investigation into allegations of bullying. The apparent increasing prevalence of bullying is not isolated to schools but is also on the rise in workplaces globally. Employers should be aware that they may be liable for bullying that occurs in their workplace. For that reason, it is useful to know what constitutes bullying, so that steps can be taken to pre-empt potential incidents of bullying and manage conduct of concern appropriately.
Gifting and entitlement to residential care subsidies
Thursday, 17 November, 2011
Author: Jillene Peters
A recent change to tax law abolishing gift duty now makes it easier for people to divest themselves of property. However, social welfare law governing eligibility for residential care subsidies has not changed. Gifting property in the belief that this will enable you to qualify for assistance from the state for the cost of residential care may not achieve this goal and may, in fact, leave you ineligible for a residential care subsidy and without assets to enable you to support yourself. It is essential that you seek professional advice before gifting assets to a trust or family member.
Measuring loss in building claims
Tuesday, 15 November, 2011
Author: Karen Shaw
Successful claimants in building disputes are entitled to damages. However, the damages awarded may not be the cost of fixing the property. An alternative basis for a damages award is the loss of value in the property. But what is the appropriate measure? This was the question that concerned the High Court in Cao and Tao v Auckland City Council and Ors.
Enforceability of oversees gambling debts in New Zealand
Monday, 14 November, 2011
Author: Jarrod True
In New Zealand gambling is governed by the Racing Act 2003 and the Gambling Act 2003. Gambling is prohibited in New Zealand and illegal unless it is authorised by either of those acts or it amounts to private gambling. Section 9 of the Gambling Act expressly prohibits remote interactive gambling. Remote interactive gambling is gambling at a distance by interaction through a communication device, for example, online gambling.
Employer liability for illegal downloading
Monday, 14 November, 2011
Author: Andrea Twaddle
In the past week, internet providers have confirmed receipt of infringement notices relating to the illegal downloading of material in breach of copyright. Notices were issued under a new internet copyright infringement regime, introduced by the Copyright (Infringing File Sharing) Amendment Act 2011 which came into force on 1 September this year. This article discusses how the new regime affects employers and guidance on how to manage these new liabilities.
