What the Consumer Guarantees Act (the
CGA) does is insert some basic guarantees
into every contract for the supply of consumer goods or services,
and those guarantees override anything that the written contract
might say to the contrary. However, the CGA only applies if you are
supplying goods or services to "consumers". And consumers are
individuals, companies, Councils, clubs or other legal entities who
acquire goods or services "of a kind that are ordinarily acquired
for personal, domestic, or household use or
consumption".
By Geoff Hardy - 7 Sep 2018 - 2 comments
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The High Court has clarified when builders are to provide
their record of work. In overturning the District Court's
decision1
, the High Court held that a builder's record of work was not
dependent on section 87 of the Building Act.
By Alden Ho - 2 Sep 2018
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There are several specific ways in which the law can help
you protect yourself and your family from domestic violence.
Domestic violence includes physical, sexual, psychological and/or
financial abuse by anyone you are in a "domestic relationship"
with. Domestic relationships include spouses or partners, family
members, may include flatmates/someone you're sharing a household
with or anyone you're in a close personal relationship
with.
By Surendra Bennett - 22 Aug 2018
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There is a lot of talk around the new domestic violence
leave introduced by the Domestic Violence - Victims Protection Act
2018 which was passed in July. However, the Act introduces another,
less known, but equally striking change. In addition to being
granted 10 days' domestic violence leave, an employee who is a
victim of domestic violence can request a variation of their
working arrangements for up to two months.
By Kiren Narayanan - 14 Aug 2018
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The Interest On Money Claims Act 2016 (which came into
force this year) has changed the basis on which all Courts award
interest on money claims. This is good news for plaintiffs.
Previously, the courts generally only awarded interest from the
date of filing of a claim, the rate was fixed and compound interest
was not allowed (unless specified in a prior agreement).
By Tony Johnson - 8 Aug 2018
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On 1 August 2018, Ebert Construction Limited went into
receivership. Ebert's receivership will be interesting to monitor,
primarily due to it being the first major construction company to
enter receivership with the requirement to hold retentions "in
trust" under new amendments to the Construction Contracts Act
2002.
By Pierce Bedogni - 3 Aug 2018
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Under a new bill introduced into Parliament, victims of domestic
violence will be entitled to up to 10 days' paid leave. We foresee
some issues regarding proof for employers when this bill comes into
effect next year.
By Kiren Narayanan - 26 Jul 2018
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New Zealand has one of the highest rates of Family Trusts
per capita in the world. But a lot of these Trusts are not being
managed correctly which then impacts on the protection a Trust can
provide, particularly in the event of a relationship break
down/separation.
By Fiona McGeorge - 12 Jul 2018
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Building disputes can be very costly to resolve and cause
both parties a lot of stress. If a dispute arises before
construction is complete, building work is often suspended until
the dispute is resolved. This can cause delays and can put
unfinished work or materials on site at risk of damage. On
residential projects in particular, a homeowner will be very
invested and emotions can run high. Fortunately, there
are things all parties can put in place to help prevent
disputes.
By Meika McHardy - 4 Jul 2018
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Martelli McKegg proudly congratulates its dynamic duo Kiren
Narayanan and Terri Gough for winning the Auckland
regional final of the National Law Foundation young lawyers'
mooting competition.
By Andrew Steele - 3 Jul 2018
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