Your free guide to buying and selling property during the COVID-19 lockdown can be downloaded here:
Running a business? Think about using this downtime to update your business documents (employment agreements, policies etc.)
Have you found since the lockdown that you have now got a lot more time on your hands unexpectedly? We encourage you to use this extra time efficiently and to get around to some of those jobs that haven’t been pressing but are still important to complete.
Now is a good time to review and update your business documents, such as terms of trade, debt recovery procedures, employment agreements and workplace policies. It is vital to keep all business documents up to date, to ensure they reflect the recent legal developments. We can assist you with this (you do not need to leave your couch) and is a great way to plan ahead, for business beyond the lockdown period.
Our team would be happy to review your business documents and advise you of any that should be updated, during a free 15 minute online consultation. Feel free to get in contact with our team and we can talk you through specific recommendation to update your business documents. By having up to date business documents, this will assist your business to hit the ground running as soon as possible.
An alternative to prosecution under health and safety legislation
Enforceable undertakings were introduced in the Health and Safety at Work Act 2015 (HSWA) as an alternative to prosecution. An organisation that has breached its health and safety obligations, and is under investigation by WorkSafe, can enter into a binding agreement with WorkSafe to remedy their breaches, rather than going through prosecution and sentencing. In this article we discuss the features of this alternative and the potential benefits of taking this path.
Enforceable undertakings are not an easier or lower cost alternative to prosecution, but there are other benefits to a business.
We’ve all seen the headlines about growing Chinese investment around the world and New Zealand is certainly no exception. Although you may already have been in business for years and have a great deal of experience, if you want to be truly successful with a Chinese counterparty then there are some key cultural differences which you should take on board. With that in mind we have set out some points to be aware of when you’re dealing with Chinese investors.
Key cultural differences
Many Asian cultures emphasise indirect communication, particularly if there is a problem. This can be frustrating for Westerners who would prefer just to ‘get it on the table’ and discuss. An email worded to state, ‘… we value the fact that we are equal partners …’ may be phrased that way because they are not feeling like an equal partner and are hoping the situation will improve. That subtlety may well be completely lost on the Western recipient who may be later surprised to find out that all is not as it seemed.
You can deal with a situation such as this by spending time asking questions of the other side and seeking to really understand what they are thinking. If you get a response which seems indirect then that’s a signal that you should follow up with other questions.
Simon Brdanovic is all ready to head off to the Fielddays on his new Honda (thanks to Phil Empson at The Honda Shop). He is looking ‘spiffing’ in Gina’s swanni but he better watch out for Sam and Cat White’s hay bales! Thanks for setting up the display for us.
Look out tomorrow for the shearer’s morning tea!
The Supreme Court has today released a decision which will have major implications for many businesses that have traded with insolvent companies.
The Supreme Court has said that where an innocent party gives value at any time to a company that then failed, the innocent party will have a defence to a request of a liquidator for the repayment of sums paid to the innocent company. Previously the liquidator could claw back payments made to the innocent business for up to two years prior to the company going under.
This will be seen as a relief for many small businesses that can suffer significant harm when being asked to re-pay sums already received and spent by them.
However, it is necessary that the innocent business is acting in good faith and is not aware of the insolvency of the company – often this is a difficult hurdle to get over.
We will provide a further more detailed update once we have digested the decision in more detail.
90-day trial period
Still a challenge for employers: The processes around the 90-day trial period are still causing some headaches for employers. In late September a senior construction worker won a $40,000 payout for an unjustified dismissal due to his 90-day trial being invalid. In a nutshell, the employee did not sign the employment contract until after he had started work with his employer. Due to a variety of reasons, his employer wanted to terminate his employment using the 90-day trial provision. New employees must sign their employment contracts before they turn up for work on their first day, otherwise the 90-day trial period provision is invalid.
The case is expected to be appealed to the Employment Court.
90-day trial used by 59% of employers: A study undertaken by the Ministry of Business, Innovation and Employment earlier this year has found that 59% of employers have used the 90-day trial period for employees. The 90-day trial provisions were introduced in 2009 for employers with fewer than 20 workers, and it was extended in April 2011 to include all employers. The report shows that extending the use of trial periods to all employers has resulted in more employment opportunities, with one third of employers surveyed saying the provision has led to them hiring people they otherwise wouldn’t have.
The survey also evaluated the impact of changes to the Holiday Act, unions’ access to workplaces and also changes to streamline the resolution of employment disputes.
The changes were designed to improve the operation of the labour market by achieving lower compliance costs for employers, faster problem resolution, greater clarity and more choice and flexibility for employers and employees.
New drink driving limits introduced in time for Christmas
Lower breath and blood alcohol limits for drivers come into effect on 1 December 2014.For adult drivers, the current breath alcohol limit of 400 micrograms (mcg) per litre of breath will be cut to 250 mcg. The blood alcohol limit reduces from 80 mg of alcohol per 100ml of blood, to 50 mg.
Drivers who fail an evidential breath test with a reading of between 251 and 400 mcg of alcohol per litre of breath will receive an infringement notice with a $200 fine and 50 demerit points. Refusing to undertake, or failing to undergo, an evidential breath test, will set you back $700 as well as 50 demerit points.
Drivers who fail an evidential breath test with a reading of over 400 mcg of alcohol per litre of breath may choose to have an evidential blood test, and will also end up facing criminal charges.
So how much can you drink and stay under the limit? Our advice is not to drink and drive at all. If, however, you’d like to have a drink and still drive home safely the Institute of Environmental Science and Research (ESR) says that (dependent on your gender, body type/weight and so on) most people can have two standard drinks over the course of two hours. A standard drink is:
- 330 ml of 4% alcohol beer
- 100ml of 13% alcohol wine, or
- 32ml of 40% alcohol spirits.
Stay safe this summer please.
Relationship property update
In our Autumn 2014 edition we reported on a case of economic disparity under the Property (Relationships) Act 1976 where the Family Court had ruled an asset split of 70:30 in favour of the wife. This was a significant shift from the equal sharing regime. The husband appealed to the High Court (Jack v Jack (2014) NZHC 1495 [1 July 2014]). His appeal was dismissed and Justice Goddard upheld the 70:30 division.
The Health and Safety Reform Bill heralds the greatest change to health and safety law in over two decades. With the election over, we await the Select Committee Report (due any day) and the continuing passage of the Bill. If you’re in business, this article gives you a snapshot of some of the significant proposed changes. Continue reading
Special public holiday arrangements are now going to apply for Waitangi Day and ANZAC Day. From 1 January 2014, ANZAC Day and Waitangi Day are now ‘Mondayised’.
This means if the holiday falls on a Saturday or Sunday, the holiday will be transferred to the following Monday, meaning your employee still gets a paid day off if they would usually work on those days. If the holiday falls on a Saturday or Sunday and that day would otherwise be a working day for the employee, the holiday remains at the traditional day and your employee is entitled to a paid day off.
This year Waitangi Day fell on a Thursday and ANZAC Day falls on Friday, 25 April so there’s no ‘Mondayising’ of those public holidays. You will, however, need to keep the new law in mind in future years.
The Animal Welfare Amendment Bill is currently at the select committee stage, with the committee due to report
back to Parliament at the end of March. This article looks at what changes the new legislation will make for animals and their owners.
The Animal Welfare Act 1999 provides the framework for regulating the welfare of animals and preventing their ill treatment. The amendment bill sets out to rectify some of the problems that have been identified with the current legislation. In particular, there are proposed changes relating to enforcement, clarity and transparency.