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.

June 2016 Landlords and insurance companies have been dismayed to learn that the Court of Appeal has decided that residential tenants don’t have to reimburse their landlord (or insurer) where their rental property is damaged. This means that even though residential tenants don’t pay for insurance they get the benefit of the landlord’s insurance. The… Read More.

June 2016 This article looks at what is involved in due diligence for a commercial building and why it’s such a good idea. When buying a commercial property, make the agreement subject to a ‘due diligence’ clause so you don’t have to go ahead if you find a problem. The Big Twelve Check that all… Read More.

June 2016 Legal position It is well established that an employer is not bound to hold a job open indefinitely for an employee who is unable, due to illness or injury, to attend work. However, if an employer does decide to dismiss for incapacity, that can be challenged through the personal grievance process as set… Read More.