Articles

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.

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

EMPLOYMENT LAW - ADDRESSING THE GENDER PAY GAP

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.
Written by Shima Grice at 00:00

IMMIGRATION – NEW VISA TO ATTRACT INVESTORS AND ENTREPRENEURS TO NEW ZEALAND

A new visa called the Global Impact Visa (“GIV”) aims to attract highly talented, successful and well connected entrepreneurs to establish ventures in New Zealand. The key benefit of the GIV is that it offers flexibility to attract innovative global entrepreneurs, investors and start up teams who are not covered under the existing investor and entrepreneur visa categories.
Written by Paul Milne at 00:00

IMMIGRATION LAW - GUARDIAN VISAS

What is a Guardian Visa? A Guardian Visa or 陪读签证 is a special multiple entry visitor visa category for the legal guardians of young foreign fee paying students. This visa category allows for one legal guardian per family to accompany the student visa holders of that family to New Zealand and to care for them on a day to day basis. Usually, the guardian visa will be for the same period as the student visa held by the student that the guardian will be accompanying.
Written by Lauren Qiu at 00:00

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STAY SHARP FEBRUARY 2017

The lazy summer days are coming to an end, the kids are back at school and the team are all on deck, recharged and ready to take on 2017. In this edition of Stay Sharp, Senior Solicitor Jenny Glubb provides an update on Enduring Powers of Attorney, we profile our immigration law team and Partner, Hamish Murray writes about the 'growing pains' our region is experiencing. We also welcome commercial lawyer Jodi Ellmers and take this opportunity to let you know about our full suite of everyday legal services.
Written by Janine McTainsh at 00:00

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PENALTY PAYMENTS UNDER CONTRACTS

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 which will be suffered by the innocent party as a result of the breach. The amount does not have to be entirely correct, but it needs to be genuine.
Written by Bill Chapman at 00:00

ENDURING POWERS OF ATTORNEY - CHANGES ARE COMING

Amended regulations for Enduring Powers of Attorney will come into force on 16 March. The regulations will include new plain language Enduring Power of Attorney (EPA) forms and a plain language explanation of the effects and implications of entering into an EPA.
Written by Jenny Glubb at 00:00

CONSUMER EXCHANGE LAW

Heading into the most popular purchasing season of the year means it is the perfect time for a refresher on your consumer exchange rights. The Consumer Guarantees Act 1993 sets out the law around returns where a product is faulty or does not perform as advertised. However, it does not provide for the return of goods you simply “don’t like” or “don’t want”. Ultimately this is determined by the return policy of the store you have purchased the product from.
Written by Alexia Grindle at 00:00

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