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Category: Litigation & Dispute Resolution

  • Employment: Increased Penalties and Awards

    3 September 2018

    In April 2016, legislation changes were introduced, which intended to strengthen the enforcement of employment standards. The aim of the changes was to ensure that breaches of employment standards, such as paying minimum wages, holiday entitlements, and keeping proper wage and time records, are dealt with appropriately. The changes also aimed to provide an effective deterrent while trying to avoid imposing unnecessary compliance costs on employers. The amendments increased maximum penalties in the Employment Court from $10,000 to $20,000 for an individual ...

  • ACP Cladding and the Suspension of CodeMark Product Certification

    3 September 2018

    In the aftermath of the Grenfell Tower disaster, there has been a renewed focus on the types of cladding used on buildings in New Zealand. This is because the use of Aluminium Composite Panel (ACP) cladding was considered to be a major factor in the speed and spread of the Grenfell Tower fire.Essentially, ACP cladding is a sandwich of two thin aluminium sheets with a binding core made up of polyethylene and/or a mineral combination. ACP cladding is popular because ...

  • Getting Paid – Make Sure You Hold the Deposit

    3 September 2018

    As agents are aware, when you hold the deposit and the agreement for sale and purchase is declared unconditional, the standard ADLS/REINZ agreement will allow you to deduct your commission – no risk.However, what happens when you allowed the deposit to be held by a third party, or it was a term of a bespoke agreement? In this case, if you are not paid, you must take legal action. To avoid that, always make sure the agreement provides that you ...

  • Update on Data Privacy- Privacy Act reform and the European Union’s General Data Protection Regulation

    30 May 2018

    Data is the new currency, and the digital age has transformed the way we interact with the world on a daily basis. The recent revelations of data breaches by popular social media platform Facebook is one example of how much we as a society share information online and how privacy concerns might arise when we do so. This update addresses two significant developments in the area of data privacy that will impact virtually every individual and business in New Zealand.New ...

  • A Timely Reminder – Disclosure and Representations

    7 March 2018

    The principle of caveat emptor, “Buyer Beware” usually governs all property purchases. However, licensed real estate agents are bound by the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.Specifically, all licensees are under a positive obligation “not to mislead a customer or client, nor provide false information, nor withhold information that should by law or fairness be provided to a customer or client.”Rule 10.7 states:A licensee is not required to discover hidden or underlying defects in land ...

  • Leases and Licences over Common Property

    5 March 2018

    A body corporate can lease or licence all or part(s) of the common property to an owner, occupier, or third party for their personal use under section 56 of the Unit Titles Act 2010 (“UTA”). The lease or licence of common property may be granted for any number of purposes, the most common being car parking, storage, signage, or outdoor seating.The legal process for granting a lease or licence over the common property is set out in section 56 of ...