Insight Don’t let a breakup break up your business When it comes to talking business and considering risk, often the last thing that comes to mind is what might happen to the business if a personal relationship ends. While it might not be front of mind, it is still an essential consideration as New Zealand relationship property law can turn a business into a battleground in the event of separation. Read more
Insight To investigate or not to investigate: Triaging employee complaints Often it can be difficult for an employer to know how to respond when they receive a complaint from an employee, including whether or not they should be commencing a formal investigation. Read more
Insight Mondelez v Aldi: What can New Zealand learn from this overseas lawsuit? A recent United States lawsuit between snack giant Mondelez and discount retailer Aldi has sparked global interest, not just for its legal drama, but for the broader implications it holds for branding, packaging and fair competition. While the case is unfolding in the United States, its lessons are highly relevant to New Zealand’s retail and intellectual property landscape. Read more
Insight When is it appropriate to suspend an employee from work? As a general principle, an employee can only be suspended from work if there is some contractual or statutory justification for doing so. There are exceptions to this - for example, where serious health and safety concerns exist. In deciding whether to suspend an employee, an employer must follow the rules of natural justice including consulting with the employee. Only in rare circumstances would it be justified to suspend an employee without complying with the rules of natural justice. Read more
Insight Show me the money: enforcing court orders for debt payment Those owed money under a contract or because of a civil wrong are often quick to pursue the debtor for their loss. They may take their case to Court and obtain a judgment which confirms a debtor must pay. However, a successful creditor may not automatically receive the money owed, as the debtor might be insolvent or simply refuse to pay. Read more
News Wynn Williams promotes two new Partners Wynn Williams is delighted to announce the promotion of Kathryn Evans and Tom Heard to the Firm’s partnership. Read more
Insight A director’s dilemma: to guarantee, or not to guarantee? It is becoming increasingly common for directors to provide personal guarantees (PGs), guaranteeing a company’s obligations. Whether the guarantee is to secure a lease, obtain funding for working capital or reassure a supplier, the terms of each guarantee will differ, but the underlying principle remains the same – a personal commitment to ensure the satisfaction of the company’s obligations, often including repayment of the company’s debts. Read more
Insight New policies aim to streamline building inspection process Recently, the Hon Chris Penk (Minister of Building and Construction) announced the Government’s two-pronged approach to streamline the building consent and inspection process. These initiatives are the opt-in self-certification scheme, and the introduction of mandatory inspection timeframes for Building Consent Authorities (BCAs). The schemes are designed to free up BCAs to focus on high-risk, complex builds, and reduce development delays for simple residential builds. Read more