Articles

Contract Law

The Privacy Act 2020 - Privacy Principle One

The Privacy Act 2020 ("new Act") came into force in 2020, replacing the Privacy Act 1993. The purpose of the new Act was to overhaul New Zealand's existing privacy of personal information regulatory framework and bring it into line with internationally recognised privacy obligations and standards. Section 22 of the new Act sets out 13 information privacy principles ("Privacy Principles"). In this article, we focus on new developments in relation to Privacy Principle 1 ("PP1"), which addresses the purpose of collection of personal information.
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Debt Recovery and Enforcement

This article serves to inform the procedural and legal methods and issues related to debt recovery.
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Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

On 1 October 2021, the long anticipated Credit Contracts and Consumer Finance (Lender Inquiries into Suitability and Affordability) Amendment Regulations 2020 ("Regulations") came into effect after being passed into law by the Government in November last year. The changes are well-intentioned, with the purpose being to tackle high-cost consumer loans and minimise borrower hardship that had been well documented in recent Ministry of Business, Innovation and Employment inquiries into mobile trading. However, like all regulation, there is a trade-off, and these highly prescribed regulations place a significant compliance burden on responsible lenders, particularly small and medium enterprises.
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NZS3910:2013 Covid-19 Conditions

The Principal, the Contractor and the Engineer had to navigate through the general and specific conditions of their NZS3910:2013 contracts in regards to variations, extensions of time and payment claims for the Covid-19 lockdown period.
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Are You Sure You Want To Give That Warranty?

When you are selling a property it is common to list the 'Chattels' which you are to be selling with the building. Chattels are items which are able to be removed from a property without too much effort, and which were never intended to permanently form part of the structure. Common examples are an oven, paintings or a fridge. Occasionally they can be large eg a spa pool or garden shed. If it can fit on a truck, it may well be a chattel.
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Recovering Money During Lockdown in the Construction Industry

Many in the construction industry will be feeling frustrated at the latest lockdown slowing down projects and progress. Fortunately, not everything has to be put on pause. The Construction Contracts Act 2002 ("CCA") provides ways to recover money during lockdown.
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Navigating Employment Issues in Alert Level 4

On Tuesday night at 11.59 pm New Zealand entered Alert Level 4. This is a disconcerting time for employers and employees. We learnt from last time that employment obligations continue as usual, this means that among other things, an employer cannot unilaterally reduce an employee’s pay; an employer must consult with the employee if they are disestablishing their role; an employer must discuss in good faith changes to work arrangements; and if an employee is working the employee must continue to receive the minimum wage. Overall, the key to getting through this period is for both employees and employers to communicate with each other.
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New Duty of Due Diligence on Directors and Senior Managers of Lenders

Significant amendments to the Credit Contract and Consumer Finance Act 2003 ("CCCFA"), come into force on 1 October 2021 which sees among other things the imposition of a new duty of due diligence on directors and senior managers of a "lender" (including some mobile traders).
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The Construction Contracts (Retention Money) Amendment Bill - Open for Public Submission

The Government is once again looking to impose further statutory controls over how contractors are to handle and protect retention moneys owed to its sub-contractors - this time with civil monetary penalties facing the construction companies and their directors for non-compliance.
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Increase to Sick Leave - Date Confirmed

Last month we advised clients that the Bill to increase sick leave from five days to 10 days had been enacted. The new legislation comes into effect on 24 July 2021. We have have received some questions regarding sick leave entitlements, we have set out the questions below.
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