Articles

Sustained Absence From Work and Medical Incapacity in Employment: When Can an Employer "Fairly Cry Halt"?

Friday, June 15, 2018

It is a fairly familiar situation: an employee sustains an illness, or suffers an injury – probably due to no fault of their own or their employer - and is unable to work for a long period of time. Uncertainty may arise about when he or she can return to work, if ever.  Repeated visits to a doctor or specialist, frustratingly for both the employee and the employer, fail to provide a definite prognosis about when the employee will be fit to return to work or, indeed, whether they will ever be able to do so.  Meanwhile the employee may be receiving no income, or less than their full former salary or wage while receiving an ACC benefit.  The employer is also left in the difficult and uncertain position of not being able to hire a permanent replacement employee but needing to reassign the absent employee's tasks to others, or make do with a potentially more expensive temporary employee. Read more

Essential Skills Work Visa

Thursday, June 14, 2018

Putting aside the fancy name, the Essential Skills Work Visa is basically New Zealand's General Work Visa.  Read more

Employment - 90 Day Trial Periods - Set to be Abolished?

Wednesday, June 13, 2018

One of the notable law reforms which was touted in Labour's election campaign has been unveiled in the Employment Relations Amendment Bill 2018 ("Bill") - the restriction on the use of the 90 day trial period. Read more

What Happens When a Commercial Tenant Outgrows Their Space?

Tuesday, March 20, 2018

An Introduction to Negotiating a Surrender or Assignment of Lease  Read more

Boat Purchase 101 - Legal Due Diligence

Friday, March 09, 2018

In the third article in this series we focus briefly on the second limb of due diligence that should be considered when purchasing a vessel namely, legal due diligence. Read more

Thinking of Buying a Commercial Property?

Friday, January 19, 2018

Consider these five tips before entering into an agreement. Read more

Boat Purchase 101 - Technical Due Diligence

Thursday, January 18, 2018

Buying a boat (or any major asset for that matter) without undertaking due diligence is exactly like reality shows where the participants either get married or go on blind dates with someone they have never met before.  Sometimes things pan out and we are stoked for them, but more often than not we sit glued to the television waiting for the inevitable train-wreck to unfold.  Read more

Boat Purchase 101 - Some Things You Should Consider (Seriously, You Really Should!)

Wednesday, December 13, 2017

In this series of short basic articles we'll be highlighting some areas that should be on the forefront of a purchaser's mind when purchasing a boat/ship/yacht/vessel to avoid turning something that should be an exciting exercise, into a frustrating nightmare.  Read more

Dishonesty in Visa Application Process

Tuesday, October 17, 2017

Every New Zealand Visa Application has a set of prescribed criteria which the applicant has to meet in order to be eligible to apply under the specific category.  One of the general criteria is the applicant's character.  Applicants for all visas must be of good character and not pose a potential security risk to New Zealand1.  Read more

Section 131: Duty of Directors to Act in Good Faith and in Best Interests of Company

Wednesday, September 20, 2017
In accordance with Section 131 of the Companies Act 1993 ("Act"), directors have a duty to act in good faith and in what they genuinely believe to be the best interests of the company.  While it may be expected that directors should always behave in such a manner, and not place their personal interests ahead of the company's, various judgments have explored the extent of this duty and provided more information about the considerations director should take account of when exercising their powers.

The Duty
As noted in the decision of Sojourner v Robb1, the duty is one of loyalty and arises out of the fiduciary relationship that directors owe to the company from their position as its agents.  Additionally, although a director must act in good faith and in the best interests of the company on most occasions, Section 131 of the Act outlines that there are a few exceptions to this duty which allow a director to act otherwise, as follows: Read more

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