From 8 April 2021, it will now be a criminal offense under section 30 of the Commerce Act 1986 to enter into a contract, arrangement or understanding that contains a cartel provision, or to give effect to a cartel provision. Previously, the Commerce Commission could only bring civil proceedings against a person or business who…
DetailsNew Zealand recognises the importance of welcoming sustainable, productive and inclusive overseas investment. The corresponding responsibility to supervise and control this has been recognised in legislation since the early 1970s. In 2005 the Overseas Investment Act required consent from the Overseas Investment Office (OIO) for any business sale resulting in greater than 25% ownership of…
DetailsIf you are a commercial tenant this may be an opportune time to renegotiate some of the terms of your lease as part of your next lease renewal. In the wake of lockdown, the demand for commercial premises has arguably been slowing. With another recession potentially on the horizon, many landlord’s will prefer to lock…
DetailsThe internet has given businesses the opportunity to sell goods or services to anyone no matter where they are at the click of a button, however online selling is not a ‘free for all’ and comes with its own set of rules. If you engage in advertising or selling goods to New Zealand consumers online,…
DetailsAs part of its ongoing response to COVID-19 the Government has created a novel business debt hibernation scheme (“BDH”). BDH may allow a business with short term cash-flow issues as a result of COVID-19 to buy up to six months’ time to pay its creditors. If the BDH proposal is accepted, businesses are “protected” during…
DetailsAs a result of the current Covid-19 lockdown, many businesses will, unless they were classed an essential service, be unable to work from their leased premises. This has led to a number of questions for both landlords and tenants as to what happens with rent and outgoings during this emergency. This article will address this…
DetailsCovid-19 Employer Employment Obligations and information Introduction Every non-essential business is closed for a minimum of four weeks; however, this could well be longer depending on the Ministry of Health, Government, and the public’s compliance. While other national emergencies can provide guidance, the social, political, health and economic effects of a worldwide…
Details1. Background: a. At the date of this memorandum the Government has determined that Level 4 applies in relation to the Covid-19 pandemic. This precludes commercial tenants from carrying on business in commercial premises which are not an essential service. At the date of this memorandum Level 4 is applicable for a period of 4…
DetailsAs we often hear, we live in the ‘information age’. Although marketing has always required getting the right information to the right people at the right time, that is now more important than ever, particularly with the progression of mainstream media from a few mass markets to many customer-chosen niches. Information matching, being a comparison…
DetailsFood recalls are costly to FMCG businesses, and their consumers. In 2019 there were over 70 notices issued as to food recalls. Most of the recalls were dealt with by the manufacturers, but not always, as some of them were in-house packaged products. It is not just the manufacturer that has a duty to…
DetailsThe Government recently announced its intention to amend the Fair Trading Act (the Act) to between protect both consumers and businesses against unfair commercial practices. The announcement comes in response to submissions received on a Ministry of Business, Innovation and Employment discussion paper released in late 2018 on whether additional protections are needed for businesses…
DetailsVigorously pursuing slow paying debtors does improve prospects of receiving payment. It follows that a creditor that puts the most pressure on a debtor will most likely receive payment before other creditors. When dealing with a company that is insolvent, and receiving payment for overdue accounts from a debtor that subsequently goes into liquidation, a…
DetailsIt is common practice to advertise goods or services at a low price and/or with a stated discount. Often this will be reinforced by noting the goods or services are “limited stock” or “while stocks last”. Such statements in advertising are a useful marketing tool because they can create urgency for the consumer. However suppliers…
DetailsOur alcohol laws are governed by the Sale and Supply of Alcohol Act 2012. The Act which replaced the Sale of Liquor Act 1989 for safe and responsible drinking, and minimisation of social harms associated with alcohol abuse. There are four main kinds of liquor licences: On-licence, off-licence, club licence and special licence. …
DetailsThe proposition is straightforward – allocate some shares to employees so that their interests become aligned with that of investors. Employees get a right to share in the profits of the company and the company gets motivated employees with pride of ownership who stick around.
DetailsThis article explores your liability and obligations under the Consumer Guarantees Act 1993 (“the Act”) in relation to selling outdated stock and how to avoid this situation arising too often.
DetailsThe Employment Relations Amendment Act 2018 (“Amendment Act”) was passed into law on 5 December 2018. The Amendment Act makes many changes to the existing Employment Relations Act 2000 (“Act”) regarding employees’ rights in the workplace and collective bargaining rights.
DetailsVirtually all business transactions make use of a contract in some form. Some deals are sealed with a handshake and spoken word, others require written terms and signatures. The type of contract the parties are willing to use depends on the nature of the relationship and the transaction involved.
DetailsWe can spend an age designing and choosing the names, colours, symbols and other marks of our businesses. After all that thought, planning and creativity it should follow that the final step we take is to do whatever is needed to protect those marks. One such step is to register your trade mark, and its unexpectedly easy.
DetailsThe FMCG businesses we deal with when assisting with the sales process are usually a dairy, superette, or supermarket. Often a lawyer gets involved at the time the purchaser is doing their due diligence on a business. That is when an FMCG business is subject to scrutiny by the lawyer or accountant for a purchaser. Being prepared well before selling makes the sale process smoother, and maximises the sale price.
DetailsWhen listing their homes for sale, New Zealanders will do everything they can to get the best price. The same should apply when you are selling your franchise business
DetailsAn important process that often accompanies a sale of a business is landlord consent to the assignment of lease. Often it is taken as a given that the landlord will consent without much thought. But what are the parties’ rights and obligations when a landlord does in fact withhold consent?
DetailsThe Income Tax Act 2007 covers the application of fringe benefit tax (FBT) to the provision of motor vehicles by employers to employees. FBT arises when an employer makes a work motor vehicle available to an employee for private use, in connection with the employment relationship.
DetailsOn 19 April 2017 the Immigration Minister announced changes to the immigration rules. These changes relate to the skilled migrant category where people wanting to work and live in New Zealand must garner sufficient points to meet a qualification threshold. They take effect from 14 August 2017.
DetailsEnduring a big development going on next door can be a very difficult situation for a business owner. The issue becomes more complex to resolve as property owners are dealing with not one person, but a minefield of contractors, companies, and developers.
DetailsWhat’s in a domain name?
Your business’ online presence is becoming increasingly important. But it’s also becoming more vulnerable. This article talks about the ways you can protect your business’ name and reputation online. Most important of all is your domain name – the “www.” address customers type or click on to go to your website.
First how your business might be vulnerable.
With the constant development of technology, electronic advertising has emerged as powerful advertising platform. As electronic devices become more and more accessible to the public, businesses have gained a larger target audience
DetailsFranchising is an interesting area of law because there is no particular legislation regulating franchises in New Zealand. While the documents underlying franchise relationships are…
DetailsIf you purchase goods and services from a supplier, it is very likely that the supplier will require you to sign a contract and their terms of trade before they make any supply….
DetailsIn the past employers have been able to employ people on contracts which do not offer a set minimum number of hours a week but require the employee to be ‘on call’ to work if needed….
DetailsDo you operate a business which makes, serves, sells or trades food commercially? If so you should be turning your mind to changes under the new Food Act 2014 and what those changes…
DetailsFor dismissal to be lawful, it must be substantively justified and must be conducted in a procedurally fair manner. Straightforward and objective guidelines can assist an employer avoiding…
DetailsWhen deciding whether a worker is an independent contractor or an employee, business owners need to be aware of more than just the terms of the contractual agreement….
DetailsPurchasing the building where you run your business can be a wise investment for the future. Business owners will see a commercial property purchase of their own property as being…
DetailsThe NZ Herald has published an article with some advice from SWL director, Tony Steindle, on LIM and building reports for residential property purchasers. Click here for more: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11552327
DetailsMany small businesses come into being by two people combining their skills and expertise. Taking one person’s ideas and complementing that with another person’s hands-on approach can…
DetailsWhen selling or restructuring a hospitality business, an outgoing employer must be mindful of the protected employee provisions in Part 6A of the Employment Relations Act 2000 and…
DetailsThe payment of rent and other outgoings is an essential obligation under almost all commercial leases. The latest form of the Auckland District Law Society’s commonly used Deed of Lease…
DetailsComparative advertising is where goods and services are promoted by comparing them to a competing product or service. This is an acceptable method of advertising, however, there are…
DetailsThe NZ Herald has published an article with some advice from SWL director, Tony Steindle, on estate planning and tax implications…
DetailsWebsites have been used for many years by businesses to promote their particular brand. In recent years they have been used for other purposes. They have included promotions or…
DetailsThe NZ Herald has published an article with some advice from SWL director, Tony Steindle, on sale and purchase agreements in residential property transactions…
DetailsIf you want to sell or supply alcohol for consumption off premises you will be required to apply for the grant of an off–licence from your District Licensing Committee. Examples of off–licence…
DetailsAt its heart a franchise is no more than a contract between two parties. Franchise agreements are often detailed complicated documents and will often vary greatly franchise to franchise….
DetailsThe majority of changes implemented by the new Food Act 2014 come into effect over a three year transition period after 1 March 2016. Food retailers and food service businesses should…
DetailsWhen you advertise a product you will now have to think twice before making bold marketing statements following a recent Court of Appeal decision….
DetailsThe Trial Period and Probation Period are terms that can describe the initial test run period in employment. Each term is different, and care should be taken to ensure the correct intended…
DetailsA warehouse or retail store may need to hire extra staff during a busy period, such as over the Christmas period. A retired employee may be on call to cover when permanent employees…
DetailsEvery employer is subject to the Health and Safety in Employment Act 1992 (HSE Act) and the HSE Regulations 1995. The HSE Act requires employers to ensure that employees and members…
DetailsRetail businesses, with the exception of stock, have two major fixed costs – staff and premises. Typically retail premises will want long term leases to preserve business goodwill…
DetailsTerms of trade provide an opportunity for a business to mitigate major areas of risk when supplying goods and services to another person. However in practise terms of trade are often…
DetailsRecent changes to the FTA address issues such as a prohibition on unsubstantiated representations; new rules relating to online sales and disclosures; new rules on extended warranty….
DetailsThe current Court system has very little allowance for providing electronic copies of documents to the Court….
DetailsPrime Minister John Key has dismissed calls for an independent review commission of criminal cases….
DetailsThe Law Commission is seeking the public’s views on a package of reforms which could lead to far-reaching changes in the options available to bereaved New Zealanders….
DetailsA recent review of the Law of Trusts carried out by the Law Commission makes 51 recommendations including replacement of the Trustee Act 1956 with a new Act. Its recommendation for…
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