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Welcome to the Sharp Tudhope Lawyers' blog. Here you will find  topical information and advice relating to a wide range of areas of law, written by our legal experts.

IMPORTANT CHANGES TO COMMERCIAL CONTRACTS - CONTRACT AND COMMERCIAL LAW ACT 2017

The Contract and Commercial Law Act 2017 (“CCL Act”) is set to make some practical changes to a wide range of commercial contracts and will come into force on 1 September 2017. The purpose of the CCL Act is to modernise and consolidate 11 commercial contract statutes into a single piece of legislation under the CCL Act.
Written by Paul Milne at 00:00

RECRUITMENT - BE DISCERNING, NOT DISCRIMINATORY

A recent story in the NZ Herald highlights a common mistake many employers make when recruiting staff. An advertisement placed by an Auckland vet clinic suggested that the position was not suitable for someone planning to take long periods of “time off for parenting”. While many employers may feel this way, discrimination when recruiting can get you into hot water. Click the heading above to read more.
Written by Shima Grice at 00:00

STAY SHARP JUNE 2017

The recent global cyber attack has kept many businesses on tenterhooks this week, with the Port of Tauranga using manual systems to process Maersk vessels. We are lucky that our security infrastructure is strong, but it's a timely reminder for us all to be vigilant when communicating online.
Written by Janine McTainsh at 00:00
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COMPANY LAW - SIGNING UP AS A COMPANY PRIOR TO INCORPORATION

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 of a company before it is incorporated? If so, there are a few steps you must follow under the Companies Act 1993 to ensure the pre-incorporation contract is validly entered, and to protect yourself from liability to the other contracting party.
Written by James Moran at 00:00

SKILLED MIGRANT CATEGORY RULES CHANGE AGAIN

The latest raft of changes in the Government’s reset of the permanent visa categories were announced in April 2017. These changes bring an income threshold for applications under the Skilled Migrant Category for residence. Jobs that are considered skilled must meet the New Zealand median income of $48,859 a year. The other threshold is set at 1.5 times the New Zealand median income of $73,299 for jobs that are not considered to be skilled but are well paid. These new rules will take effect from mid-August 2017.
Written by Michelle Urquhart at 00:00

BUILDING CONTRACTS EXPLAINED - FIXED PRICE AGREEMENTS AND EXPECTATIONS

If you’re building a new home under a fixed price contract, you’ve probably been impressed with the style, finishes and fixtures of a show home and think that this is exactly what you’ll get on completion. Building contracts often don’t show detail in relation to the quality and finish you will receive. This can be a problem if you are expecting a show home quality finish.
Written by Samantha Mangino at 00:00

RENTAL SHORTAGE BITES WANNABE LANDLORD

The shortage of rental property combined with families in desperate need of accommodation was a recipe for disaster for a Manurewa landlord recently who was ordered to repay $15,840 in rent and $750 in damages for renting an unconsented converted garage as a household unit.
Written by Hamish Murray at 00:00
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GROWTH IS GOOD – BUT AT WHAT COST

Infrastructure and travel networks are hot topics right now in the Bay of Plenty. Whilst we’re happy to hear NZTA is reviewing its contractor’s practices and the work programme for the Te Puna roundabout, and to see work underway to improve road safety, the works come at a cost to businesses in the direct vicinity and to everyone else who is struggling to get to work on time. Businesses on the fringe are often most sorely affected but may not be entitled to compensation under the Public Works Act.
Written by Hamish Murray at 00:00

CONSTRUCTION CONTRACTS UPDATE - STAGE 3

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.
Written by James Hakaria at 00:00

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

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 regulations and penalties.
Written by Michelle Urquhart at 00:00

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