Corporate / Commercial Archives - Page 2 of 3

EARN-OUT OR BURN-OUT?

11 March 2019

This article is co-authored by Ryan McMaster and Richard Hoare. The recent Court of Appeal decision of Malthouse Ltd v Rangatira Ltd [2018] NZCA 621 serves to highlight the risks of using earn-out clauses in M&A transactions. What is an ‘Earn-out’ clause? Earn-out clauses are a relatively popular mechanism used in M&A deals as a…

Written by: Richard Hoare

AUSTRALIAN INSOLVENCY REFORMS TO IMPACT ON NEW ZEALAND BUSINESSES

1 February 2019

This article is co-authored by Richard Hoare and Ryan McMaster and includes input from our friends at Australian Law firm, Sierra Legal. Sierra Legal was a 2018 Australasian Law Awards finalist for Boutique Firm of the Year https://www.sierralegal.com.au/ What has changed? Last July, Australia made changes to its insolvency laws with the aim of enhancing the…

Written by: Richard Hoare

BLOCKCHAIN PART 2 – SMART CONTRACTS EXPLAINED

20 November 2018

This blog is the second part of an ongoing series exploring the impact of Blockchain on the law. Click here to read part one which addresses the basics of Blockchain technology. The concept of smart contracts dates as far back as 1994, when Nick Szabo, a legal scholar and cryptographer realised the potential for autonomous…

Written by: Ben Alexander

EMPLOYMENT LAW CHANGES ARE ON THEIR WAY

8 February 2018

The Employment Relations Amendment Bill was introduced to Parliament last week. It contains provisions rolling back the last government's changes to individual terms of employment and to collective bargaining and union rights. Proposed changes to individual employment agreements include: Restricting the use of 90-day trial periods to employers with fewer than 20 employees. Reinstating the...

Written by: Shima Grice

STAY SHARP AUGUST 2017

30 August 2017

With the closure of Baywave TECT Acquatic & Leisure Centre this week for urgent seismic remedial work, Hamish Murray's article on strong rules for weak buildings will interest those involved with commercial buildings. There's also a number of law changes we would like clients to be aware of, including increased reporting requirements around any money...

Written by: Janine McTainsh

COMPANY LAW – SIGNING UP AS A COMPANY PRIOR TO INCORPORATION

16 June 2017

On occasion, people sign documents in the name of or on behalf of a company that does not exist, but with the intent to form that company in the very near future. Do you think this plausible? The answer is yes. Are you thinking of signing a contract in the name of or on behalf...

Written by: Janine McTainsh

CONSTRUCTION CONTRACTS UPDATE – STAGE 3

10 April 2017

In 2015 an array of amendments was made to the Construction Contracts Act 2002 (CCA), to be implemented in three stages, namely on 1 December 2015, 1 September 2016, and 31 March 2017. Stage 3 amendments On 31 March 2017 the new retentions regime for constructions contracts came into force, which requires the payer to...

Written by: James Hakaria

MBIE WILL ENFORCE A MIGRANT EMPLOYMENT BAN ON EMPLOYERS WHO BREACH EMPLOYMENT STANDARDS

4 April 2017

From 1 April 2017, the Ministry of Business, Innovation and Employment (MBIE) will enforce stand down periods for employing migrants for any employer who incurs employment standards-related penalties. This new regime is designed to protect migrant workers from exploitation. This group of employees are more vulnerable than domestic workers who enjoy protection from the existing...

Written by: Michelle Urquhart

EMPLOYMENT LAW – ADDRESSING THE GENDER PAY GAP

24 March 2017

How do you address the gender pay gap? This is the question the Joint Working Group on Pay Equity Principles (the JWG) had to answer when it was established by the government in 2015. This group consists of government, employer and union representatives and was tasked with recommending equal pay principles for government consideration. The...

Written by: Shima Grice

PENALTY PAYMENTS UNDER CONTRACTS

15 February 2017

Anybody who enters into contracts as part of a construction contract will be familiar with the idea of "liquidated damages". These clauses outline the amount of money which is payable by a party who breaches the contract. The amount payable under a liquidated damages clause is meant to be a genuine pre-estimate of the damage...

Written by: Janine McTainsh