Happy First Birthday Based on the 2011 Australian Model Work Health and Safety Act, New Zealand’s Health and Safety at Work Act 2015 (HSWA) passed into law on 4 April 2016. New Zealand’s historically high rate of workplace deaths and near misses (notably the 2010 Pike River Mine tragedy where 29 miners died due to
Enforceability A Guarantor is a person who gives a promise to repay the debt of a borrower. By agreeing to pay a debt the Guarantor has made a guarantee to the institution or person lending the funds (“lender”). Frequently when someone gives a guarantee they are also giving an indemnity. An indemnity is a contractual
Mediation in Employment Disputes Alternative Dispute Resolution (“ADR”) methods are alternatives to going directly to court. Using ADR methods instead of pursuing the matter in court is usually more cost effective for all the parties involved, takes less time to resolve the dispute, and also relieves the court of cases they believe can be resolved
What needs to be considered when raising a PG A personal grievance (PG) is a formal process in which an employee may raise a complaint against their employer if they have been dealt with unfairly or illegally. The grounds available to raise a PG are outlined in the Employment Relations Act 2000 (ERA), together with
A will is a legal document that lets you decide how you want your property, care for you dependants (partner, children etc.) and your body to be dealt with after you die. A will only comes into effect once you die and is arguably the most important document you will ever sign. Nov 2018 –
The division of relationship property is regulated by the Property (Relationship) Act 1976 (“RPA”), the intention of which is to recognise fair division of the relationship property at the end of a relationship. There is a presumption of equal 50/50 division, unless this can be disputed or there are certain mitigating factors. Factors such as
Following the amendments to the Arms Act 1983 (“the Act”) that came into force on 11 April 2019, a second tranche of proposed changes, the Arms Legislation Bill (“the Bill”), is currently under review by the Select Committee. This next step in the reform of the Act looks to establish a firearms registry and amend
Redundancy can be defined as a situation where an employee loses their job because their position is no longer needed or useful to the employer. As in all employment affairs, the employer must act in good faith and follow a fair process during the redundancy process. The process of redundancy can be an emotional time
Many commercial tenants were forced to close down nonessential businesses during the nationwide lockdown. As a result, many commercial tenants and landlords face difficulties in meeting daily business expenses. There is a “no access in emergency” clause within ADLS leases, which was included following the 2011 Christchurch earthquakes and the creation of the ‘red zone’
In 2020, it would be hard to come across a New Zealand household who has not either had a member of the household claim ACC for an injury or at least known someone that has had to. Statistics New Zealand reports that in 2018 alone, there were just short of 240,000 work place injury claims
