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Bramwell Bate News

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Changes to the Food Act The Food Act 2014 (the Act) has been amended recently. The key change to the Act is the introduction of a scale assessing the level of food health and safety risk for each business dealing with food. This scale includes all food-related businesses, from multinational food processing companies to street-corner coffee carts. All food businesses must adhere to different levels of control depending on their risk. The Ministry of Primary Industries monitors this through: Food control plans – written plans for managing food safety on a day-to-day basis. These are used by higher-risk businesses; and National programmes – “a set...

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Terms of Trade

Time and time again, we are approached by disgruntled business owners and dissatisfied customers to help resolve disputes arising from deals made on the basis of informal arrangements. The law certainly assists in defining and clarifying certain aspects of the contractual relationship between parties. The starting point is usually a consideration of what the parties intended and agreed on at the time the goods and/or services were purchased. The intention of the parties is undoubtedly easier to determine with clear written evidence. In our experience, one of the most useful tools for businesses is having effective processes and procedures for engaging...

Personal Grievances–What needs to be considered when raising a PG

A personal grievance (PG) is a formal process in which an employee may raise a complaint against their employer if they have been dealt with unfairly or illegally. The grounds available to raise a PG are outlined in the Employment Relations Act 2000 (ERA), together with the process for raising a PG. The Grounds A PG means any grievance that you may have as an employee against your employer or former employer, including but not limited to the following reasons: Unjustifiable dismissal (unless the dismissal was during a valid 90-day trial period); Unjustifiable action which disadvantages the employee; Discrimination; Sexual harassment; Racial...

Employment agreements from an employer perspective–make sure your employment agreements, and their clauses, stand up against the law

An individual employment agreement (Agreement) is a written agreement that contains the terms and conditions of the employment as negotiated by an employer and employee. An Agreement is a useful tool with which the employer can set clear performance expectations, standards, processes and responsibilities for an employee before they start work. It is also used as a reference point in employment disputes. It is a requirement of the Employment Relations Act 2000 (the Act) that the employer holds a copy of each employee’s Agreement or they risk being fined or prosecuted under the Act by a Labour Inspector or the Employment...

Commercial leases–what to look out for

A commercial lease (Lease) can be a complicated agreement with binding implications for both the landlord and tenant. Before you enter into a Lease, it is vital that you understand the rights and responsibilities of each party. The following are some of the more notable points of a Lease for your consideration when negotiating and/or reviewing your Lease. One of the most basic but important considerations of a Lease is the renewal dates. A common wording for a renewal clause is “three (3) rights of five (5) years each”. This means that once the initial term of the Lease (which is...

Bramwell Bate News

Snippets

Residential Land Withholding Tax – What is it and does it apply to you? Residential Land Withholding Tax (“RLWT”) is a tax deducted from residential property sales if the following applies: 1. The property being sold is residential land in NZ. 2. The sale amount is payable or paid after 1 July 2016. 3. The seller: (a) Bought the property on or after 1 October 2015 through to 28 March 2018 inclusive and owned it for less than two years before selling; or (b) Bought the property on or after 29 March 2018 inclusive and owned it for less than five years before selling; and (c) Is...

A Review of Labour’s 100 Day Plan

Before the election, the Labour Party laid out a plan with 18 key goals to achieve within their first 100 days in office (“100-day Plan”). This 100-day Plan was adopted and implemented by the Labour-led coalition Government (“Labour”). This article aims to provide an analysis of the progress of some of the key goals as well as touching on some future policies that Labour intends to implement that may affect you. Goal 3: Pass Healthy Homes Guarantee Bill (“HHGB”) The HHGB was passed in December 2017 and requires that any new tenancy from 1 July 2019 must be either properly insulated or...

Disputes Resolution Series: Negotiation – How can it help you?

Alternative Dispute Resolution (“ADR”) methods are an alternative option to going directly to court. Using ADR methods instead of pursuing the matter in court is commonly more cost effective for the parties involved, ADR may also take less time to resolve the dispute. ADR relieves the court of cases which they believe can be resolved without court assistance. This article is the third and final article in our ADR article series and will focus on negotiation. Negotiation is usually the first method of dispute resolution used when a dispute occurs. This is because negotiation has the ability to be quick, inexpensive...