November 2016 Introduction The law governing health and safety obligations in New Zealand was recently updated with the introduction of the Health and Safety at Work Act 2015 (‘the Act’). This Act imposes legal obligations on people conducting any business activity in New Zealand. All New Zealand businesses should be updating their practices and procedures… Read More.
November 2016 Earlier this year, Mike Pero New Zealand Limited (‘Mike Pero’) alleged that an ex-franchisee - Krish Krishna - breached the terms of non-compete orders. Restraints of trade/non-compete clauses are contractual provisions restricting the activities of employees after termination of their employment. As a matter of legal policy, they are regarded as unenforceable unless… Read More.
November 2016 So your new property is haunted. Who are you going to call? It’s a good rule of thumb that, if an obligation is not actually written into a contract, you may find it hard to persuade the courts to enforce it. It’s also the case that the law generally does not recognise the… Read More.
November 2016 As the public adapts to the changes to drink driving limits, there has been a noticeable increase in the amount of people charged with driving with excess breath alcohol. The flow on effect is more convictions, more disqualifications and more applications for limited licences. Also known as a ‘work licence’, a limited licence… Read More.
November 2016 A recent decision of the Employment Relations Authority has highlighted the importance of procedural fairness when disciplining staff for a failed drug test. Background In McLeod v Envirowaste Services Limited [2016] NZERA Christchurch 103, Mr McLeod was employed by Envirowaste as a truck driver. After Easter weekend, McLeod was selected to undertake a… Read More.
November 2016 Recently, we were asked whether a lessee under a farm lease was allowed to grant a licence to a beekeeper for a honey venture. Was the landlord required to consent to this? Was it a breach of the lease if it had already been done? Surprisingly, there is very little case law on… Read More.
November 2016 Campylobacter outbreak in Havelock North The recent water crisis in Havelock North is the biggest outbreak of waterborne disease ever recorded in New Zealand. According to the Hawke’s Bay District Health Board, approximately 5200 people, one third of the town’s population, were struck by the campylobacter disease, which contaminated the town’s water supply.… Read More.