Commercial activities on Lakes Rotorua and Rotoiti have been slapped with potential delays and prohibitions following Council’s recent vow to review consenting obligations of existing operators. For many businesses, obtaining a resource consent can be costly, time consuming and uncertain. However, failing to comply with resource management law requirements can create even greater commercial risk. …
When a company director signs an agreement on behalf of a company, they may also be required to sign a personal guarantee, this means they are accepting personal liability for the obligations of the company. What is a personal guarantee? Personal guarantees are common in several types of agreements, for example leases, supply/trade agreements, or …
Directors’ contractual liability: dual capacity, one signature but two roles? Read More »
In a recent decision, the Employment Court has ruled in favour of High Performance Sport New Zealand (HPSNZ), overturning a decision made by the Employment Relations Authority in January 2024. In its initial ruling, the Authority had determined that HPSNZ was required to engage in collective bargaining with The Athletes Cooperative (TAC), a union representing …
High Performance Sport New Zealand v The Athletes’ Cooperative Read More »
Consumer purchases vs business purchases Everyone knows about the Consumer Guarantees Act 1993 (CGA), which provides a “consumer” with remedies if a business has failed to provide goods or services to a reasonable standard. But what happens if you are a business purchasing goods? The answer is not found in the Consumer Guarantees Act 1993; …
What protection does a business have when purchasing goods? Read More »
Why directors should review their insurance cover Recent prosecutions under the Health & Safety at Work Act (HSWA) have highlighted limitations of standard insurance cover for corporate directors and officers, and the importance of understanding exactly what Directors and Officers (D&O) insurance does and does not cover. Specifically, where criminal prosecutions may result in extensive …
What your Directors and Officers insurance doesn’t cover Read More »
Lawyers are used to talking about historic cases by referring to the main parties to a proceeding. Names like Crown v Brown and Collins v Smith are common place, even for important cases. However, in the history of the law there are a handful of cases that are referred to with special names. Some of …
Frequently, when a prominent New Zealander is being sentenced for criminal offending, there will be discussions about Discharges without Conviction. Discharges are commonly misunderstood and this article sets out what a discharge is and when it is likely to be available. What is a Discharge without Conviction? A Discharge without Conviction is an Order that …
What is a Discharge without Conviction in New Zealand? Read More »
Shareholder disputes are not uncommon. Yet, when they arise, a shareholder dispute is nothing short of disruptive, distracting and, usually, detrimental to business. While shareholder disputes can take various shapes and sizes, they most commonly involve a shareholder disagreeing with the way in which a company is being managed; or shareholders becoming “deadlocked”. Regardless, a …
Getting onto, or moving up, the property ladder can be challenging. To get a deal across the line, purchasers are increasingly looking to alternative ownership options. One option we commonly see is co-ownership of property between family members. Taking matters a step further than the traditional parental guarantee of a child’s purchase, we are now …
Buying property with family: fun or potential fiasco? Read More »
In the ‘All Access’ Holland Beckett podcast series we look at different ways of approaching access to justice through interviews with experts across the justice space. Click on each episode below to listen. Episode 1 – Cassie Nicholson, Chief Parliamentary Counsel Tim Conder interviews the Chief Parliamentary Counsel about the importance of understandable and accessible …
