Blog

The dangers of pre-employment trials

Pre-employment trials can be a useful way to determine whether an employee is suitable for the job. Often, candidates can look good on paper or in an interview, but terrible when they actually 'go on the floor'. This is especially true in the hospitality industry. However, pre-employment trials are fraught with difficulty, as the employers in Mawhinney v SFIZIO Limited discovered.

By Claire Mansell - 11 Feb 2019

Down-payments and deposits: what happens if they don't deliver?

Payments in advance (down-payments or deposits) are common in the construction industry. When you place a custom order or hire a builder to commence work on your property, the initial credit risk to the supplier is significant - if you don't pay, they've already shelled out for raw materials and spent time which is irrecoverable. Hence, particularly with expensive designer joinery, appliances or finishes, payment in advance is the norm. But what happens if you don't get what you paid for?

By Telise Kelly - 31 Jan 2019

The Trusts Bill - what does it mean for you as a trustee?

Historically, trusts have been an extremely popular asset planning tool in New Zealand.  With no register of trusts, the exact number of trusts is unknown, however, conservative estimates are that there are between 300,000 and 500,000 trusts in New Zealand.  The changes proposed by the Trusts Bill will therefore impact the lives of many New Zealanders.

By Emma Foster - 22 Jan 2019

Builders: Do your invoices have the Power of Payment Claims?

Have you ever been put off trying to recover a debt because of the legal costs involved? The payment claims and payment schedules regime under the Construction Contracts Act (CCA) may just have the answer for you.

By Kiren Narayanan - 20 Jan 2019

Caring for elderly parents - services, promises and rewards

When a family member (usually the parent) becomes elderly and/or their health or mental capacity begins to fail, it is not uncommon for one person (usually one of their children) to 'step-up' and provide the care and assistance ('services') necessary for that parent. To provide such services, some children even invite their parent into or near to their home when the parent can no longer 'live independently'.

By Andrew Steele - 13 Dec 2018

New restrictions on availability of 90 day trial periods

Since 2009 all employers have been free to agree 90 day trial periods for new employees. This allowed those employers to 'try and see' a new employee and, if things did not work, they could dismiss them. The trial period clause precluded the employee from bringing a personal grievance in respect of the dismissal.

By Andrew Steele - 6 Dec 2018

Can you be charged for drunk 'lime-ing'?

We've all seen the latest craze to hit our streets, the black and green Lime electric scooters. Whether you're for or against them zooming along our footpaths, cycle lanes and streets you may have wondered: can you be charged for riding one of these scooters while under the influence of alcohol? Perhaps especially relevant as we head into the merry season! And the answer is ...

By Fiona McGeorge - 29 Nov 2018

Your obligations under the Privacy Act

The Privacy Act ( PA) governs the collection, use and disclosure of personal information. This might be retailers collecting email addresses for newsletters, sign ups for loyalty cards or landlords collecting information from prospective tenants. The list goes on. Everyone, including those in business, is captured by the PA and what this means is that they are all subject to the rules under the PA on how to store, use and give access to this information.

By Andrew Wong - 22 Nov 2018

Renovating or demolishing a building built before 2000? What you need to know

In April 2018 Meika McHardy of our firm posted a blog on what you need to know about asbestos and home renovation. She pointed out that asbestos is now the single biggest cause of death from work-related disease, and that on 4 April 2018 the new regulations governing asbestos came fully into effect. What is probably not fully appreciated is how widespread the use of asbestos was during the period from 1940 to 2000.

By Geoff Hardy - 16 Nov 2018

Property developers - are you affected by the foreign buyer ban?

Under the amended Overseas Investment Act (Amended OIA), which took effect from 22 October 2018, any transaction involving the sale and purchase of residential property by an overseas person is subject to consent from the Overseas Investment Office (OIO) unless an exemption applies.

By Steven Lee - 13 Nov 2018