Civil Litigation & Dispute Resolution

What protection does a business have when purchasing goods?

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; …

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What your Directors and Officers insurance doesn’t cover

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 …

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What is a Discharge without Conviction?

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. A Discharge without Conviction is an Order that Court can make when a person …

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Shareholder Disputes – you are not without options

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”. …

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Buying property with family – fun or potential fiasco?

In the present economic climate, getting into (or climbing) the property ladder is tough. To get a deal across the line, purchasers are increasingly looking to alternative ownership options. One such 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 …

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All Access – The Holland Beckett Podcast

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 …

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Don’t hit ‘Send’ on a lawsuit – some hidden pitfalls of being online

“If you’ve got nothing nice to say, say nothing at all” may be an old adage, but it still has force in the social media age. Seemingly ancient legal concepts can bite in unexpected ways for those freely expressing their opinions online. Some may be familiar, such as defamation and harassment. Others, like malicious falsehood, …

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Cancelling a lease for breach of covenant or condition – Notice requirements under the Property Law Act 2007

The Property Law Act 2007 (Act) provides a “code” governing the cancellation of a lease by the lessor (Landlord) for breach of covenant or condition by the lessee (Tenant). The “code” is contained in sections 244 to 264 of the Act (Cancellation Code). The codification of the lease cancellation provisions of the Act means that, …

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