We live in a world in which smartphones can track our steps and location, sense light, temperature, and our voice. If cell phone privacy even exists, does a law requiring us to provide access to our cell phones cross the line? The Customs and Excise Act 2018 (the Act) came into force on 1 October… Read More.

  The recent enforced receivership of national construction firm Ebert Construction has thrust receiverships back into the spotlight. With some 95 staff laid off and creditors owed around $40 million, the consequences of a high-profile company being forced into a receivership are apparent. Nonetheless, many people involved in the construction industry, and the general public,… Read More.

Our clients regularly present us with novel situations (the spice of life is always welcome!). Some of these involve the law around rapid advances in technology and the consumerism that follows. With such change, we find ourselves researching an ever-evolving range of laws that have been developed to meet the new world. Think cyberspace and… Read More.

Many of us that purchase products or services online simply tick a box agreeing to the supplier's terms of trade without reading them or giving them a second thought. But those terms of trade can be very important, particularly when a deal goes wrong. Your business should have written terms of trade so you have… Read More.

On 1 September 2017 the new Contract and Commercial Law Act 2017 came into force. This Act consolidates 11 contract and commercial statutes into a single piece of legislation. The drafters have also taken the opportunity to update the legislation to simplify the language used and make it more accessible and easier to understand. It… Read More.

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.

On 16 February 2017 the Contract and Commercial Law Bill passed its third reading. The Bill consolidates 11 contract and commercial acts into a single piece of legislation. The drafters have also taken the opportunity to update the legislation to simplify the language used and make it more accessible and easier to understand. The Bill… Read More.

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 they can be… Read More.