Our home, and other property
Who will remain in the family home? Separation has a range of practical consequences, one of which is significant change to your living arrangements. Couples often remain living together right up until they formally separate. Then what? You will have to decide who keeps the home in the long term when deciding how to divide […]
Vaccine mandate order overturned for Police and Defence Force
As it turns out, vaccine mandates may not be enforced as easily as originally anticipated. A recent COVID-19 High Court case has determined the vaccine mandate for police and defence force staff to be ‘unlawful’[1]. The order requiring New Zealand police and defence force to be vaccinated has now been quashed. Background: On February 25 […]
New High Court Decision on Right Of Way Easements
In a recent High Court case, an order was made compelling the owner of a private driveway to allow their neighbour to install a new gate on that driveway. This decision, made in response to a dispute between Ruby & Rata Ltd (“Ruby”) and the Eagle Trust, highlights the importance of carefully reviewing the record […]
Guidance for employers and employees during the resignation process.
After watching Rt Hon Jacinda Ardern step down from her role as Prime Minister in January, we considered it an appropriate time to provide some guidance to both employees and employers about the resignation process in New Zealand. Resignation is a process where an employee voluntarily terminates their employment agreement with their employer. While resignations […]
Property purchasers beware! Rights of way: How to prevent neighbour warfare
A recent case has highlighted the importance of proper due diligence by purchasers in assessing legal title to a property and, more particularly, the effect of any right of way easement affecting the title. Purchasers are often, understandably, more concerned with the clear-cut aspects of a purchase; the price, the condition of the building and […]
Employment Court Clarifies Criteria for Fixed Term Employment Agreements
A sincere belief that the circumstances warrant a fixed term agreement will not meet the criteria set by the Employment Relations Act Fixed term employment agreements are strictly regulated by section 66 of the Employment Relations Act 2000 (“the Act”). If the criteria set by section 66 are not met, a fixed term agreement may […]
Recent US Court case Zuru v Glassdoor serves as wake up call for New Zealand Employers
The California-based website Glassdoor Incorporated (“Glassdoor”) recently lost a case brought against it by New Zealand-based company ZURU Toys New Zealand Limited (“Zuru”). Personal information surrounding anonymous reviews must now be released from Glassdoor to Zuru to allow them to pursue a defamation claim against suspected present and past employees who expressed their resentment of […]
Breaks legislation – Do employees have to take breaks?
The law regarding break allowances for employees has recently changed The Employment Relations Amendment Act 2018 has amended the Employment Relations Act 2000 to state that: “an employee is entitled to, and the employee’s employer must provide the employee with, rest breaks and meal breaks”. Are you up to speed with the new changes and what they […]