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Publication: InBrief

  • Contract and Commercial Law Act 2017 – Changes and Implications

    6 December 2017

    The Contract and Commercial Law Act 2017 (“CCL Act”) came into force on 1 September 2017. The new legislation consolidates 12 commercial statutes into one to allow an up-to-date and accessible “one stop shop” Act to deal with contractual and commercial law matters.For example, legislation concerning contracts privity, contractual mistakes, contractual remedies, frustrated contracts, sale of goods, and carriage of goods have been repealed, and such matters are now governed by the CCL Act. However, consumer protection legislation has not ...

  • Health & Safety

    6 December 2017

    WorkSafe (the health and safety regulator) has recently announced that it has accepted enforceable undertakings from Zespri. These undertakings are in connection with a fatal quad bike incident, which occurred in May 2016 on a Tauranga orchard. The victim was a worker engaged by a contractor of Zespri.Enforceable undertakings are a tool that Worksafe can use as a positive alternative to prosecutions under the Health & Safety at Work Act 2015.This case highlights two interesting points: first, what are the ...

  • New Cartel laws

    6 December 2017

    Amendments to the Commerce Act significantly expand the scope of prohibited cartel conduct. There are also two new exceptions. However, it is important to check existing contracts prior to the expiry of the nine month transitional period on 14 May 2018 because certain criteria must be met before the exceptions apply.What contracts could be affected?Any distribution agreements, joint ventures, franchise agreements, or any other agreements, arrangements, or understandings between two or more competitors that restrict output or allocate markets. This ...

  • Vendor breached warranty in Agreement for Sale and Purchase

    6 December 2017

    In the recent case of Y L New Zealand Investment Ltd v Ling [2017] NZHC 1793, the High Court has held that a breach of warranty by a vendor caused loss to the purchaser of a property.Ms Ling entered into an agreement to buy a property in Pukekohe. It comprised of a house on 4.6 hectares of land that had been used previously for equestrian purposes, but it was purchased by the parties for future development.Ms Ling later on-sold the ...

  • Investor Category Residence Visas

    4 December 2017

    The Migrant Investor Category visas intend to attract financial capital to local New Zealand firms or government by offering resident visas to those who wish to make a significant financial contribution to New Zealand’s economy. There are two categories available for migrant investors depending on the level of capital available to invest.Key Minimum RequirementsImmigration New Zealand imposes prerequisite minimum requirements to be eligible to apply for the migrant investor category visas.The following requirements apply:1 The principal applicant is of good ...

  • Tim Jones retires from Glaister Ennor

    1 December 2017

    Tim Jones has advised that after 37 years with Glaister Ennor he is to retire from the firm.During his time at Glaister Ennor Tim has built a significant practice of private clients and has become an acknowledged expert in property development. He is regarded as an expert in property law by the legal fraternity and throughout the real estate business world.Tim has been an active member of the Auckland District Law Society and the New Zealand Law Society where he ...