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Dispute Resolution
Posted by Benefitz Admin on June 26 2012
Overview The guiding principles for an employer in carrying out a disciplinary process for poor performance or misconduct by an employee are fairness and good faith . There is no precise definition of these concepts. Often it is necessary for an employer to use good judgment and common... Read the rest of this entry
Disciplinary and Dismissal Guidelines
Posted by Benefitz Admin on June 26 2012
Overview The guiding principles for an employer in carrying out a disciplinary process for poor performance or misconduct by an employee are fairness and good faith . There is no precise definition of these concepts. Often it is necessary for an employer to use good judgment and common... Read the rest of this entry
Consumer Protection and GM Labelling – A Legal Industry Perspective
Posted by Benefitz Admin on June 25 2012
Consumer Protection and GM Labelling – A Legal Industry Perspective (a) Some differing views on the New Zealand (and Australian) legal regimes “ Australia and NZ have one of the most comprehensive labelling regimes for GM in the world” : FSANZ, Review of Labelling... Read the rest of this entry
The Consumer Guarantees Act 1993
Posted by Benefitz Admin on June 25 2012
The Consumer Guarantees Act 1993 The Consumer Guarantees Act 1993 places obligations on retailers, manufacturers and service providers. In many cases the obligations also fall on importers and distributors The Consumer Guarantees Act (CGA) sits alongside the Fair Trading Act and... Read the rest of this entry
Re:Source – Changes to Collective Bargaining Rules to be made
Posted by Benefitz Admin on June 25 2012
Re:Source – Changes to Collective Bargaining Rules to be made Labour Minister Kate Wilkinson has announced approval by cabinet of a package of changes to the Employment Relations Act 2000. The changes will include: Removing the obligation to conclude a collective... Read the rest of this entry
Employment Relations Authority – unsuccessful attempt to oust jurisdiction
Posted by Benefitz Admin on March 29 2012
Employment Relations Authority – unsuccessful attempt to oust jurisdiction A High Court action by an ex-employer to recover monies taken by a defaulting employee recently went awry. As the employer in Aztec Packaging Limited v Malevris [2012] NZHC 243 discovered,... Read the rest of this entry
Unit title developments: where to from here?
Posted by Benefitz Admin on February 28 2012
The default rules are limited and are not going to be adequate for many developments. From 1 October 2012 existing body corporate rules will become invalid and the default operational rules will apply. Read the rest of this entry
To gift or not to gift
Posted by Benefitz Admin on February 21 2012
To gift or not to gift Update on the law on gifting On 1 October 2011 one of New Zealand’s oldest taxes, gift duty, was abolished. Gift duty originally operated in conjunction with the estate duty regime to discourage people from avoiding tax by giving away their assets before... Read the rest of this entry
re: source – law news for HR and management professionals
Posted by Benefitz Admin on February 17 2012
re: source – law news for HR and management professionals In this issue New year, new rules Copyright (Infringing File Sharing) Amendment Act 2011 Proposed law changes Copyright (Infringing File Sharing) Amendment Act 2011 The publicity... Read the rest of this entry
Unit title developments: running out of time to comply with new Act
Posted by Benefitz Admin on November 22 2011
The UTA requires all existing bodies corporate to hold an annual general meeting... before 20 December 2011. Read the rest of this entry
Challenging secured creditor priority: revisiting the meaning of “accounts receivable”
Posted by Benefitz Admin on November 22 2011
A new decision of the High Court has reignited the debate as to the true meaning of “accounts receivable" Read the rest of this entry
Is that email binding?
Posted by Benefitz Admin on September 13 2011
The status of email communications and their ability to bind parties to agreements in relation to property was recently discussed in the High Court.The status of email communications and their ability to bind parties to agreements in relation to property was recently discussed in the High Court.... Read the rest of this entry
Re:lease May 2011 – Law news for commercial landlords, tenants and property managers
Posted by Benefitz Admin on May 12 2011
In this issue: Acts of God: lessons from Christchurch Tenant's right to withhold rent or opex Re:lease May 2011 Read the rest of this entry
Re:lease December 2010 – Law news for commercial landlords, tenants and property managers
Posted by Benefitz Admin on December 15 2010
In this issue: Lease cancellation:getting it right New Property Council office lease Re:lease December 2010 Read the rest of this entry
Changes ahead for unit title developments: Unit Titles Act 2010
Posted by Benefitz Admin on November 26 2010
The Unit Titles Act 2010 (New Act) has been passed into law. Its commencement date is some way off (now anticipated mid 2011) as regulations are still in the process of being drafted. Changes Ahead Read the rest of this entry
Re:lease July 2010 – Law news for commercial landlords, tenants and property managers
Posted by Benefitz Admin on July 22 2010
In this issue: Rent reviews - mind your step; ADLS lease - up for review Re:lease July 2010 Read the rest of this entry
Re:source July 2010 – Law news for human resources and general managers
Posted by Benefitz Admin on July 7 2010
In this issue: Employment to law changes announced Re:source July 2010 Read the rest of this entry
Statutory demands – more than meets the eye
Posted by Benefitz Admin on June 24 2010
Statutory demands – more than meets the eye The use of statutory demands under the Companies Act 1993 is common – and may be viewed by a party issuing or receiving them as no more significant than a demand letter. The implications of serving a statutory demand are, however,... Read the rest of this entry
New Directors Beware
Posted by Benefitz Admin on April 27 2010
New Directors Beware Have you recently become, or are you considering becoming a director? A recent Court of Appeal case of Chean v De Alwis illustrates that you may not be protected from personal liability for actions the company has taken before your appointment. In Chean v De... Read the rest of this entry
Proposed statutory minimum redundancy entitlements
Posted by Benefitz Admin on September 7 2009
Proposed statutory minimum redundancy entitlements Recently drawn from the ballot is a controversial Private Members’ Bill introduced by Darien Fenton (List Member of the Labour Party). Initially planned to have its first reading on 19 August 2009, if passed the Bill will amend the... Read the rest of this entry