Selling goods online – are you complying with the law?

The 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,…

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COVID-19 Business Debt Hibernation – Relief for Businesses?

As 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…

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Covid-19 and Post-2012 ADLS Leases

As 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…

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COVID-19 EMPLOYER OBLIGATIONS

Covid-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…

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COVID-19 COMMERCIAL LEASE ISSUES

1. 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…

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Information Matching in the Information Age

As 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…

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Product Recall

Food 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…

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Proposed Changes to the Fair Trading Act 1986: Unfair Commercial Practices

The 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…

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Voidable transactions (or claw backs by liquidators)

Vigorously 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…

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Don’t Take the Bait – Advertising and the Fair Trading Act

It 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…

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Employee Share Schemes

The 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.

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90 Day Trial Period Amendment

The 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.

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What’s in a name?

We 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.

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PREPARING TO SELL AN FMCG BUSINESS

The 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.

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LANDLORD CONSENT

An 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?

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NEW IMMIGRATION RULES

On 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.

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EPOA

When do I need Enduring Powers of Attorney?
When a person loses the capacity to make decisions for themselves in respect of their property and their own care, there can be serious complications if they have not already set a plan in place to ….

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Health and Safety at work

What’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.

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ANTI-SPAM LAW

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

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Comparative Advertising

Comparative 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…

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