News & thinking

Our Thinking:

The return of 90-day trial periods

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Ninety-day trial periods have been back for a few months now, after the Government made good on this key election promise on 23 December 2023. Previously only available for employers with fewer than 20 employees, the provision has been extended…

Should Fair Trading Act penalties be increased?

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Last week, the chair of the Commerce Commission (Commission), Dr John Small, told a select committee during its annual review process that the potential penalties enforceable under the Fair Trading Act 1986 (FTA) are weak and a frustration for…

Employment Court awards record $1.8m in damages for school counsellors’ mental harm

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The Employment Court Cronin-Lampe v The Board of Trustees of Melville High School has recently awarded almost $1.8m in damages, being the highest award of damages in the employment jurisdiction since 1992. Mr and Mrs Cronin-Lampe were employed…

Two Anthony Harper lawyers named as 2024 NZ Lawyer Rising Stars

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Anthony Harper is delighted to announce the inclusion of Tamara Webster and Alice von Batenburg as 2024 NZ Lawyer Rising Stars, an annual list of the legal profession’s most promising young talent. Tamara Webster is a Senior Associate at…

Is 2024 going to be “the insolvency year”?

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Most professionals in the insolvency world would agree that the effects of Covid have been slow to make an impact in our area. Indeed, during the "Covid years" of mid-2020 to -late 2022, New Zealand experienced very low insolvency numbers.…

Anthony Harper Summer Theatre delights in Ōtautahi

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On Wednesday 17 January 2024, Anthony Harper transported over 400 clients and their families to ancient Greece during an exclusive performance of The Odyssey, this year's Anthony Harper Summer Theatre production. Staged by local theatre company…

Anthony Harper recommended as a leading New Zealand law firm

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Anthony Harper continues to be recommended as a leading law firm in New Zealand, recognised in The Legal 500 Asia Pacific Guide 2024 for its expertise and knowledge across 10 practice areas. The firm is proud to be ranked in the following…

Anthony Harper wins Insolvency and Restructuring Deal of the Year

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Anthony Harper was named winner of Insolvency and Restructuring Deal of the Year at the 2023 NZ Law Awards, for the liquidation of CBL Insurance Limited. The firm acted for liquidators, McGrathNicol, in a claim against the directors and advisors…

Partner and three special counsel promotions at Anthony Harper

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Law firm Anthony Harper has announced the promotion of Joey James to partner, and Jordan Wright, Olivia Welsh and Sarah Anderson to special counsel. Managing Partner, Malcolm Hurley says: "We are proud to recognise 10 talented lawyers who…

New requirements for incorporated societies now live

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The new Incorporated Societies Act 2022 (Act) and its Regulations came into force on 5 October 2023. This introduces significant changes to the law for incorporated societies, meaning that: Existing incorporated societies are now able…

Managing the fallout from cyberattacks and major business incidents

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The Australian Federal Court has released a decision of considerable interest to businesses investigating incidents and potential wrongdoing. Optus has lost its bid to keep secret the cause of a cyberattack in 2022, which resulted in exposure…

New Retirement Villages partner at Anthony Harper

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Law firm Anthony Harper has announced the promotion of Rose Clements to the partnership. Based in Tāmaki Makaurau, Rose specialises in retirement village and aged care law, acting for operators and statutory supervisors. With over 17 years'…

New Ōtautahi partner at Anthony Harper

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Law firm Anthony Harper has announced the promotion of Chloe Jolliffe to the partnership. Chloe is an insolvency law specialist with over 17 years' experience. Her expertise focuses on the repossession of goods and recovery of real property,…

No ability to set off claims in solvent liquidations

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A warning for companies entering solvent liquidation: you may not have a right to set-off unliquidated claims against debts you owe to creditors. That was the finding in a recent High Court decision where the liquidators of HY Tourism Ltd…

Two new Anthony Harper partners appointed in Christchurch

Leading law firm Anthony Harper is delighted to announce the promotion of Jessica Hanning and Matt Winter to partnership effective January 1, 2023. Jessica Hanning is a commercial litigator with over 10 years’ experience. She has advised…

What employers can expect under a National-led government

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With the official results for this year's election due tomorrow, New Zealanders have voted for change with a National-led government. While employment law policies have not been a significant feature of National's campaign, we can expect some…

What a new Government means for financial services

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"Cutting financial red tape and unlocking the enormous potential of KiwiSaver is part of National’s broader plan to strengthen the economy so we can reduce the cost of living, lift incomes for all and deliver the public services New Zealanders…

Mainzeal – Supreme Court recognises two “new” causes of action for creditors

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The Supreme Court recently released its decision in relation to the long-running directors' duty case, Yan v Mainzeal Property and Construction Limited (in liquidation) [2023] NZSC 113 (Mainzeal). In the wake of the release, there have been…

Four key points from the Employment Court’s latest decision against Customs

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On 30 June 2023, Chief Judge Inglis of the Employment Court determined that the New Zealand Customs Service (Customs) did not act as a fair and reasonable employer in terminating the employment of a worker (referred to as GF). Inglis said…
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Legal risks associated with the use of AI

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In the span of a few years, Artificial Intelligence (AI) has showcased its potential to revolutionise the way we live, work, and interact. However, for many of us, the concept of AI and what it holds for the future remains a grey area. In…
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AI, privacy and confidentiality

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Many organisations have raised concerns regarding the relationship between AI (particularly public AI), and personal and/or confidential data. Anyone using public AI, such ChatGPT, could potentially breach privacy and/or confidentiality…
technology concept with glowing lightbulb on laptop keyboard with hands typing

Who owns the copyright for AI-generated content?

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With more companies and users creating content and images using generative AI (GAI), it is unclear however who owns the resulting copyright in these works. Under the Copyright Act 1994 (the Act), computer-generated content (which includes…
ai generated image aerial view of busy street with people crossing

Bias and reliability issues with AI-generated content

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The ability of AI to process complex queries and deliver an articulate response in a matter of seconds can lead to users treating the output as fact. The reality, however, is that AI delivers information and makes decisions based off the…
ai chatbot concept above hands on laptop keyboard

Developing a workplace policy for AI use

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The AI landscape continues to evolve with organisations embracing and incorporating this cutting-edge technology into their operations. While AI's potential to provide significant benefits, including increased efficiency and cost savings,…
stainless steel pots on stove in commercial kitchen

Gloriavale – A cautionary tale

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Chief Judge Inglis has made it clear for the second time that "the tail will not wag the dog" when it comes to the employment status of former Gloriavale residents. Last week, she held that six former female Gloriavale residents were employees…

Establishing Customer Data Rights – Have your say on the Customer and Product Data Bill

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MBIE has opened consultation on the exposure draft of the highly anticipated Customer and Product Data Bill. The Bill establishes what has been referred to as a 'Consumer Data Right' (CDR). In practical terms the CDR aims to bolster the rights…

Uber allowed to appeal decision on driver employment status

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The issue of whether gig workers are employees continues to work its way through our Courts. On 8 June 2023, the Court of Appeal granted Uber the right to appeal the Employment Court's landmark case of E Tu inc v Rasier Operations BV determined…

Avoiding and dealing with sharemilking disputes

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The end of the dairy season is here, so many sharemilking arrangements are coming to a close or are set to be renewed. For those of you who have entered Federated Farmers Contract Milking Agreements (Agreement), here are some points you should…
The timeframe for employees to raise a personal grievance regarding sexual harassment is poised to change from 90 days to 12 months

How to prepare for the new sexual harassment law change

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Employers are likely to need to update their employment agreements next month (or shortly afterwards) to comply with changes regarding the timeframes for employees to raise personal grievance claims. The Employment Relations (Extended Time…

Business Payment Practices Bill introduced to Parliament

A 2018 survey commissioned by the Ministry of Business, Innovation & Employment (MBIE) showed 87% of businesses surveyed have experienced cash flow issues after receiving late payments, or receiving requests for deferred payment. MBIE…

Fair Pay Agreements Act will commence on 1 December 2022

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Fair Pay Agreements (FPAs) have long been on the government’s workplace agenda as part of their strategy to protect vulnerable employees. The FPA Bill passed through Parliament last week and the new legislation will be effective from 1 December…

Kaikōura Earthquake insurance claim deadline looms

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On 14 November 2016 at two minutes past midnight, a magnitude 7.8 earthquake struck the Kaikoura region (Kaikōura EQ).  It caused extensive damage in the North Canterbury, Marlborough and Wellington Regions. Conservative estimates suggest…

Uber drivers held to be employees

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In a landmark decision issued yesterday, the Employment Court has held that four Uber drivers were employees, not independent contractors. This decision highlights the growing risk that technology platforms and companies using gig workers…

TECNZ Annual Conference 2022 – Key Takeaways

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Last month, Health and Safety Partner, Grant Nicholson and solicitor in the Employment Team, Lauren Dennehy, visited lovely Nelson to present seminars at the Annual Tourism Export Council New Zealand Conference. Grant discussed the current…
Health and Safety Governance in a gig economy

The AH Workplace Webinar Series #3: H & S Governance in a “Gig Economy”

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Kathryn McKinney and Anne Wilson from our Employment Law team, with Grant  Nicholson and Olivia Welsh from our Health and Safety team, discuss the basics of Health and Safety governance in a gig economy, where you are dealing with a diverse range of employees outside of normal employment contracts.

Fair Trading Act changes – time for tech companies to review their standard terms

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Recent changes to the Fair Trading Act 1986 (FTA) extend protections for contracting parties by adding 'standard form small trade contracts' to the FTA's existing 'unfair contract terms' regime. Many New Zealand businesses including tech companies…
Finance Law Anthony Harper

On the home straight … long awaited Conduct of Financial Institutions SOP released

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The Financial Markets (Conduct of Institutions) Amendment Bill took a major (and belated) step forward late last week with the release of the long awaited supplementary order paper (SOP) to amend the Bill. This progress comes almost two years…

Combatting modern slavery – proposed new duties across the supply chain

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It is difficult to believe that slavery still exists in today's society, but the unfortunate reality is, it does. Modern slavery and worker exploitation remains in both the domestic and international supply chains and whilst our current laws…

Returning employees to the workplace

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Vaccination rates are high and we have begun to contemplate herd immunity whilst New Zealand works our way towards the conclusion of the current Omicron outbreak. Employers may now be looking to return their employees to the workplace in lieu…

The End of the Mandate…

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After the decision of Yardly[1], IOX[2] and the wide spread community transmission of Covid-19, we waited with baited breath to see what changes the Government would make to the Covid-19 Protection Framework and the government vaccine mandates…

A significant reform to New Zealand’s labour laws: the Fair Pay Agreements Bill.

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The Government has introduced the Fair Pay Agreements Bill to Parliament this week.  The purpose of the new law will be to provide a framework for collective bargaining for industry or occupation wide Fair Pay Agreements' or 'FPAs' that will…

Easter and Anzac trading restriction – what are retail employers allowed to do?

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Thinking about the Easter/ANZAC holidays? Which ever way you like to enjoy your Easter, retail employers need to be aware of the special rules that apply to shop trading on these days of special significance. Shops are required be closed all…

COVID-19 Changes announced

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What are the changes and what do these mean for your business? This morning (23 March 2022) the New Zealand Government announced significant amendment to vaccination mandates, the COVID-19 Protection Framework and 'My Vaccine Pass' requirements. Following…

Menopause – what employers need to know

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Menopause has far reaching impacts on the lives of women, and as more stay in paid employment longer, on workplaces, too.  Some employers might jump to risk mitigation first. However, leadership specialist Kate Billing and Anthony Harper…

Are vaccine mandates under threat?

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As we head into the peak of Omicron, vaccine mandates remain highly contentious and the subject of prolonged protests around the country. Rather than joining the protest, three Police and Defence Force workers have convinced the High Court that…

The Government takes on the income protection insurance market

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Last week, Finance Minister Grant Robertson announced the Government's proposal for a universal income insurance scheme. The "social insurance" would support New Zealanders who lose their job through no fault of their own, or need to stop…

Income insurance in New Zealand – a saving grace or undue burden?

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On 2 February the Government announced the details of a proposed nation-wide Income Insurance Scheme (IIS). The implementation of such a scheme in New Zealand is a significant reform, potentially the largest since the adoption of the ACC…

Navigating the minefield of Repossession

Repossession.  It feels like one of those things that no one likes to talk about, but it inevitably happens often here in New Zealand. You find yourself in the situation, as a creditor, with a debtor who owes you money, is failing to meet their…
Action in the courts

Court ends Ross Class Action against Southern Response

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A High Court Judgment delivered by the Hon Justice Osborne last week (16 December) terminates the Ross Class Action ("RCA") against Southern Response Earthquake Services Limited.  This removes the last hurdle for homeowners to recover their…
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Southern Response decision unlocks $300m more

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Southern Response’s decision to accept the Court of Appeal's findings in the Dodds’ case allows at least 3,000 Christchurch policyholders who settled their claims before 1 October 2014 to receive compensation of $100,000 each, on average,…
Vials of COVID-19 Vaccinations

Employment law demand fuels firm growth

Anthony Harper is pleased to announce the appointment of employment lawyer Anne Wilson to its partnership. Anne has primarily gained her experience working in a top tier firm but brings clients a unique perspective thanks to her background…

New partner brings Agribusiness expertise to national law firm

Mark Dineen brings Agribusiness expertise to national law firm. Anthony Harper has added agribusiness to its list of key specialty areas with the appointment of Christchurch lawyer, Mark Dineen, to its partnership. Dineen comes to Anthony…

New Anthony Harper partner boost tech, electricity sector expertise

Matt Smith will boost corporate law firm’s tech, electricity sector expertise. Anthony Harper continues to strengthen two key speciality areas with the appointment of tech and electricity sector specialist Matt Smith to its partnership,…
Calendar with a pin marking a public holiday

To Mondayise or not to Mondayise, that is the festive season question…

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It’s hard to believe it’s almost Christmas again and yet last Christmas feels like an eternity ago. This year Christmas, Boxing Day, New Years and 2nd January public holidays will fall over the weekend and will, in some cases, need to be…
Silhouettes of travellers in an airport walking

Case summary WXN vs. Auckland International Airport

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Unvaccinated Auckland International Airport employee granted interim reinstatement The Employment Court has granted an employee interim reinstatement after his employment was terminated for refusing to receive a COVID-19 vaccine. His employer,…
Woman wearing a mask getting a vaccination

New law on vaccine requirements in the workplace

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The Covid-19 Response (Vaccinations) Legislation Bill was introduced yesterday and is expected to be passed into law later this week.  The Bill sets out the process an employer must follow to terminate an employee’s employment for failing…
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COVID employment law complexities

Why faster isn’t always better when setting workplace policy. The fallout from COVID has created some of the greatest societal polarisation in living memory, and as New Zealand adjusts to the realities of living with the virus, workplaces…
Sam Wilson

Anthony Harper welcomes a new Partner, Sam Wilson, to the Christchurch team.

Anthony Harper’s Christchurch office has a new addition to its corporate advisory team with the appointment of Sam Wilson. Wilson joins the firm as special counsel immediately and, pending Law Society approval, will be appointed to the partnership…
Young masked woman looking into the camera

Mask exemptions – what you need to know

People line up for COVID tests being given by someone in PPE

Can I mandate a COVID test?

Your obligations when WorkSafe comes knocking

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A recent prosecution by WorkSafe provides a timely reminder that individuals and businesses have obligations to assist WorkSafe inspectors carrying out their roles. So, what is your duty and what steps do you need to take to avoid enforcement…
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Duties as a PCBU – does a contract matter?

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The High Court has provided welcome guidance on the question of whether the absence of a contract between duty holders affects the question of whether a party can be liable under the Health and Safety at Work Act 2015 (HSWA). What happened? In…
COVID-19 Graphic

COVID-19 vaccination – can you make it mandatory on health and safety grounds?

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Organisations have well-known obligations under the Health and Safety at Work Act 2015 (HSWA) to ensure, so far as reasonably practicable, the health and safety of workers. With public access to the COVID-19 vaccine expected within the coming…

New guidance on managing work site traffic

Following consultation in 2020, WorkSafe New Zealand (WorkSafe) has recently released new good practice guidelines for managing work site traffic (Guidelines). The Guidelines are intended to create a comprehensive reference point for businesses…
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Does no work during lockdown mean no pay?

In late December 2020, the first COVID related Employment Court decision (Gate Gourmet New Zealand Limited and Ors v Sandhu and Ors [2020] NZEmpC 237) was released. The majority of the full court found that employers did not have to pay employees…
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Bullying in the workplace

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This article was originally published on the Legalwise website on 19 November 2020. An employee has recently been awarded $20,000 plus three months' wages as a result of the employer failing to properly address complaints of bullying We…
Spotlight on Privacy

Spotlight on issues regarding Privacy & Cross Border Transactions and Commerce

The Privacy Act 2020 introduces a new Information Privacy Principle (IPP 12) which imposes controls on the disclosure of personal information to overseas entities and people.   The intent of IIP 12 is broadly to ensure that agencies sending…
An areoplane flies across the blue sky

Air Freight liability increase

In a year to forget for international airlines, the hits keep coming. From 28 August, air carrier liability for loss, damage or delay significantly increased. Freight forwarders and others who contract for carriage by air will also be impacted…

Climate change – reporting on a sleeper issue

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Earlier this week, the Government announced that mandatory climate-related financial disclosures will be introduced for large financial services entities. The announcement follows last year's consultation on the issue, and makes New Zealand…
Graphic design of two people facing the camera wearing masks.

Immigration, Employment and the Tech industry: FAQ in a post Covid-19 environment

On Thursday, 3 September 2020 our leading experts in employment, immigration and technology law appeared as a panel for IT Professionals New Zealand. As part of this, our experts answered some frequently asked questions around employment, immigration…
Digital representation of SARS-CoV-2

Impact of COVID-19 on contractual obligations

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With the widespread disruption caused by the COVID-19 pandemic, many businesses will be worried about how this impacts contractual performance. In particular, the first lockdown, and the recent sudden move to Alert Levels 2 and 3 will have…

Top tips for SMEs implementing an e-commerce solution

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E-commerce is a very well established means of doing business (Amazon being founded back in 1994 and now having a market cap of over $1 trillion being testament to this!). Yet today, in the Covid-19 world, e-commerce has assumed an even more…
Single house in a row red against the other white houses.

The ability to enforce following lease and mortgage defaults

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On 15 April, the Government announced further temporary changes to legislation giving some relief to commercial tenants and mortgagors. Particularly, changes to current legislation were introduced extending the timeframes that tenants and…
silhouettes of construction workers at the end of day

How does the construction and infrastructure sector respond to Covid and plans to regenerate?

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Hamish Glenn, Policy Director at Infrastructure New Zealand, New Zealand’s peak infrastructure body, discusses the changes to the industry brought on by Covid and their response to the proposed stimulus plans. As part of the response to…
COVID-19 embossed and painted white on a red plastic see-through button.

Can e-commerce create opportunities both nationally and internationally for New Zealand?

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The Covid crisis has seen many retailers seeking to streamline their business, reduce costs and innovate to attract new customers. Retail NZ’s CEO, Greg Harford takes a closer look at the challenges the sector faces. There has been much…
A technological solution

Did technology provide a solution to the COVID-19 crisis?

Lockdown saw the rapid move to technology-enabled flexible working arrangements for many and helped relieve the economic burden on many industries and sectors. We asked Paul Matthews from IT professionals to comment from the IT industry perspective. Covid-19…

Can New Zealand move from a focus of health and safety compliance to better work practices?

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The Health and Safety at Work Act has now been in force for over 4 years. Grant Nicholson and WorkSafe’s CEO, Phil Parkes look at the Act’s impact and WorkSafe’s focus in the years to come. The Health and Safety at Work Act has now…

Update: The new Privacy Act 2020

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The new Privacy Bill, now the Privacy Act 2020 was passed into law on 30 June and comes into force on 1 December 2020. In this note we briefly summarise the most salient aspects of the reforms. Mandatory notification of harmful privacy breaches …
Technology and lights

Implementing new technology during a pandemic

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Covid-19 lockdowns have forced change on the business world. Two of the most visible areas of change have been in relation to the way we work and operate and the technology we use to support our work and operations. As restrictions have eased,…
Union Jack flag flapping in the blue sky

5 Quick Questions: NZ-UK Free Trade Agreement 

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On 17 June, the Ministry of Foreign Affairs and Trade (MFAT) officially announced the start of negotiations on a free trade agreement between New Zealand (NZ) and the United Kingdom (UK), stating that the parties are committed to a bilateral…

Honey Bees takes the sting out of penalty clauses

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The Supreme Court has upheld previous decisions in finding that when it comes to penalty clauses, the measure is no longer whether the penalty is a "genuine pre-estimate of loss". A penalty clause will now be enforceable unless it is "out…

FAQs regarding COVID-19 related restructures

Can an employer change the terms of an employee's agreement unilaterally because of COVID-19? An employer cannot unilaterally change the terms of an employee's employment without having consulted with the employee first. Employers must consult…

Are you an independent contractor or an employee?

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The test to determine whether a worker is an employee or a contractor is well established, and it requires a focus on the real nature of the working relationship. In practice, this test assesses the intention of the parties, the level of control…
Digital COVID-19 representation.

Five key learnings from the Covid-19 lockdown

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The aftermath of the COVID-19 lockdown will likely see a significant litigation spike, as there will inevitably be disputes about parties’ contractual obligations and who bears the risk of lockdown ramifications. We have looked back on…

Has Covid-19 created a new flexible working regime?

For the better part of 2020, the outbreak of Covid-19 has challenged ordinary operations in the workplace. Globally, professionals have had to adapt, improvise and overcome problems that most have never faced before. Many have found this…
Vials of COVID-19 Vaccinations

Easing corporate governance in COVID-19

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On 16 May a new law came into effect with temporary measures aimed at easing  corporate governance for companies and certain other types of incorporated entities in these times of physical distancing for COVID-19. The new temporary measures…

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