We regularly see cases where
homeowners have delayed taking legal action against defendants,
particularly in respect of building defects.
The Limitation Act says that it is a
defence to a money claim if the defendant proves that the date on
which the claim is filed at least six years 'after the act
or omission on which the claim is based'. This is known as the
claim's primary period.
By Darius Shahtahmasebi - 13 Aug 2024
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Since 1988, New Zealand consumers have been able to use
the Disputes Tribunal ( Tribunal) to
resolve disputes of less than $30,000, if those disputes are based
(in summary) on contract, quasi-contract or tort (with some
exceptions). Most disputes relating to misrepresentation about the
quality of goods or services are within the Tribunal's
jurisdiction.
By Michael Mabbett - 17 May 2024
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On 29 February 2024, the Minister of Commerce and Consumer
Affairs published an 'open
letter' to the New Zealand banking industry, in response to
"an increase in the prevalence and sophistication of online
scams and fraud".
By Jacque Lethbridge and Michael Mabbett - 3 Apr 2024
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No, held the Employment Court in the case of Breen and Prime
Resources Company Limited,
[1] because the company's actions were based solely on a
genuine interpretation of a clause in the employment agreement.
By Kathryn McKinney - 18 Mar 2024
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Failure to meet the requirements under the Healthy Homes
Standards can be a timely-wake up call for any landlord, especially
when the Tenancy Tribunal comes knocking
By Ella McLeod - 25 Jan 2024
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Most people who have purchased properties are familiar with the
standard forms of agreements for sale and purchase. Section 24 of
the Property Law Act 2007 (Act) specifically says
that to sell or purchase property, a contract must be in writing
and signed. Long gone are the days of handshake agreements - or are
they?
By Kiren Narayanan - 9 Nov 2023
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Mr Green raised bullying complaints about a fellow
employee (A), which KiwiRail advised would be investigated. Mr
Green was initially invited to attend a meeting with A at which he
said he felt uncomfortable and pressured into shaking hands with
A.
By Kathryn McKinney - 31 Oct 2023
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In the current climate we are seeing more of our landlord
clients seeking advice on their options for dealing with defaulting
tenants. In the article below, Andrea White (a Senior
Associate in our Property Team) and Parsha Grant (Senior Solicitor
in our Litigation Team) discuss your best course of action when
your usual reminder emails and phone calls have gone
unanswered.
By Andrea White - 16 Oct 2023
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2023 has been a watershed year for severe weather events -
fortunately there is a change on the way that should help
homeowners and building owners make an insurance claim. The
infamous Earthquake Commission Act 1993 ( EQC
Act) is facing an overhaul, now set to be replaced
by the Natural Hazards Insurance Act which comes into effect from 1
July 2024.
By Darius Shahtahmasebi - 11 Sep 2023
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The Employment Relations (Extended Time for
Personal Grievance for Sexual Harassment) Amendment Act 2023
came into force on 13 June. This change allows an employee up
to 12 months to raise a personal grievance for sexual harassment,
instead of having to do so within 90 days. Employers are required
to change employment agreements from that date.
By Kathryn McKinney - 15 Jun 2023
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