Many contracts include terms such as ‘best endeavours’, ‘reasonable endeavours’, or ‘all reasonable endeavours’? What do these terms mean? What is a party expected to do under these terms? The terms are often misunderstood. However, as a general rule, the terms are used to compel a person to take action to fulfil an obligation or… Read More.

As an employer, you are required by law to ensure you take all reasonable steps to ensure the safety of your employees and all those who interact with your workplace or products and services. One of the ways businesses can do this is to have a robust drug and alcohol policy which reflects the laws… Read More.

In the decision of ASG v Harlene Hayne, Vice-Chancellor of the University of Otago [2017] NZSC 59, the Supreme Court upheld earlier findings of the Employment Court and the Court of Appeal that section 200 of the Criminal Procedure Act 2011, which allows a court to make a name suppression order forbidding publication of the… Read More.

If you think gifting between family members is all about beautifully wrapped Christmas presents then think again. On 1 August there was a headline in the New Zealand Herald: ‘Parents' $910k 'gift' to help couple buy house ends up in court’. This situation will not be unknown to lawyers who deal with separations. A relatively… Read More.

The number of retirement villages is only likely to increase to accommodate our ageing population. Retirement villages are an attractive option because they can offer a good balance between living independently and having access to support and healthcare. Villages comprise independent living options in a townhouse, villa or apartment, and (as needs increase) serviced apartments,… Read More.

There are over 25,000 charities registered with Charities Services in New Zealand. Most of these organisations operate as charitable trusts. Whatever their size, charitable trusts are dependent upon the energy and commitment of their trustees. The purpose of this article is to outline some of the issues you need to think about if you are… Read More.

Social media has become a part of everyday life. Problems arise when employees or ex-employees add their workmates as social media ‘friends’, and post disparaging comments about their employer and/or workmates or breach confidentiality. Bidvest New Zealand Ltd v Vivian [2015] NZERA Wellington 101 In this case, Mr Vivian posted that he had ‘got paid… Read More.

In 2015 an array of amendments was made to the Construction Contracts Act 2002 (CCA), to be implemented in three stages, namely on 1 December 2015, 1 September 2016, and 31 March 2017. Stage 1 amendments Previously, if a matter was referred to adjudication only payment dispute determinations could be enforced via Court. However, as… Read More.