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Time limits for building claims: 10 years or 10 + 2 years? Time limits for building claims: 10 years or 10 + 2 years?

Update

Time limits for building claims: 10 years or 10 + 2 years?

The Supreme Court has released its long-awaited decision of Beca v Wellington City Council regarding whether the Building Act’s 10-year longstop applied to third-party contribution claims. In a 3/2 split, the Supreme Court held that it did not.

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A call to action: a renewed case for regulation of employment advocates A call to action: a renewed case for regulation of employment advocates

Insight

A call to action: a renewed case for regulation of employment advocates

The employment jurisdiction is somewhat unique in that the institutions have historically allowed a special place for lay-advocate representatives. They carry out the same work as lawyers including representing parties in disputes, negotiations and mediations, and at the Employment Relations Authority (Authority), Employment Court and, with special leave, beyond. However, there is no regulatory framework to address issues of concern regarding an advocate’s conduct, competence or complaints. Lawyers are bound by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008 and are subject to complaints and disciplinary mechanisms. When an advocate fails to conduct themselves professionally or competently, it is the client or applicant who is at risk of a poor outcome or even costs and penalties if there is non-compliance with orders of the Authority or Court. Yet employment advocates are not answerable to any professional body.

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Unconscionable conduct in the spotlight Unconscionable conduct in the spotlight

Update

Unconscionable conduct in the spotlight

Recent news from across the Tasman provides a timely reminder to New Zealand businesses that engaging in unconscionable conduct will not be tolerated by regulators. The Australian Competition and Consumer Commission (ACCC) has commenced proceedings against Australia’s second largest telco provider, Optus Mobile Pty Ltd (Optus), for allegedly engaging in unconscionable conduct by selling telecommunications goods to vulnerable consumers who did not want or need them.

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Future proofing your assets: how contracting out agreements can help Future proofing your assets: how contracting out agreements can help

Insight

Future proofing your assets: how contracting out agreements can help

Contracting out agreements, commonly referred to as “pre-nups”, can be an awkward topic to raise with your partner, but they are an essential tool in your asset planning and protection toolbox. Contracting out agreements provide clarity to both parties (or their survivors) in the event that they separate or one or both of them dies. Just like an insurance policy – hopefully you will never need to use it, but it is there if the worst happens!

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A miscarriage of justice A miscarriage of justice

Insight

A miscarriage of justice

This story has been described as one of the greatest miscarriages of justice in British history. It involves the British Post Office pursuing innocent workers (postmasters) for apparent financial irregularities and shortfalls which were caused by faults in its IT accounting software system that made it look like money was missing from branch accounts. Postmasters are self-employed and run branch post offices under contract to the Post Office and are liable for any loss or damage to any Post Office cash and stock and any shortfalls in the money payable to the Post Office must be made good (in full) by the postmaster.

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Back to the future: Court of Appeal affirms earlier Uber decision, but with different reasoning Back to the future: Court of Appeal affirms earlier Uber decision, but with different reasoning

Insight

Back to the future: Court of Appeal affirms earlier Uber decision, but with different reasoning

A landmark judgment in employment law has reaffirmed that Uber drivers are employees, and not contractors, under section 6 of the Employment Relations Act 2000 (Act). However, further changes to the test for employment status may not be far away.

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Transport network receives huge investment Transport network receives huge investment

Update

Transport network receives huge investment

The Government has announced a record $32.9 billion investment in New Zealand’s transport network through the 2024-2027 National Land Transport Programme (NLTP).

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Wynn Williams Auckland
Level 20, Vero Centre, 48 Shortland Street, Auckland 1010, New Zealand. PO Box 2401, Shortland Street, Auckland 1140.
+64 9 300 2600
email@wynnwilliams.co.nz

Wynn Williams Christchurch
Level 5, Wynn Williams House, 47 Hereford Street, Christchurch 8013, New Zealand. PO Box 4341, DX WX11179, Christchurch 8140.
+64 3 379 7622
email@wynnwilliams.co.nz

Wynn Williams Queenstown
Level 2, Te Nuku Building, 43 Ballarat Street, Queenstown 9300, New Zealand. PO Box 323, Queenstown 9348.
+64 3 379 7622
email@wynnwilliams.co.nz