[Winter 2012] Good governance must include legal compliance, business competence and ethical standards. The prosecution of directors for their part in finance company collapses has highlighted these essentials. The key question with all board decision-making is not what can be done? but what should be done? Corporate governance involves a set of relationships between a… Read More.

[Winter 2012] Common sense says that before you sign a contract, you should read it and make sure you understand what you are signing. You may be surprised to learn how infrequently this happens. This is especially so when the contracting parties have an established trading relationship. In a High Court case in Palmerston North,… Read More.

[Spring 2012] Credit and debt control is increasingly important for businesses in these hard economic times. Unfortunately, there are just some people who either refuse to pay or are unable to pay for goods or services they use. However, businesses need not necessarily ‘write off’ bad debts or put them down to ‘experience’. This article… Read More.

[Spring 2012] The Employment Relations Act 2000 provides the test for whether an employer’s actions in dealing with an employee are justified or not (section 103A). The test was amended in 2011 to require an assessment of whether the actions were what a fair and reasonable employer ‘could’ do, rather than what a fair and… Read More.

[Spring 2010] Background Under section 174 of the Companies Act 1993, a former shareholder, who believes he or she has been unfairly discriminated against or unfairly prejudiced by the manner in which the affairs of his or her company have been conducted, may seek assistance from the court. A court has wide powers if a… Read More.

[Spring 2010] It's a familiar refrain - lawyers asking that their clients let them see the agreement for the sale or purchase of their house or other land and buildings before the agreement is signed so they can advise on the transaction and the 'fine print'. Now though, sellers might be wise to get their lawyers involved… Read More.

[Winter 2010] Have you ever been in a situation where, out of the goodness of your heart, you have offered advice or a service to a friend or family member? Have you ever considered that under the law of agency you could be legally liable for any shortcomings in what you provide? Well neither did… Read More.

[Winter 2010] It is an all too familiar scenario – you are a supplier; you have been supplying equipment, goods or materials to a customer on your usual credit terms for quite some time; in the past it has been a good relationship but recently they have become tardy with payments; you have had to… Read More.