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August 20, 2018 In Bramwell Bate News By Bate Hallett

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...

August 20, 2018 In Bramwell Bate News By Bate Hallett

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...

August 20, 2018 In Bramwell Bate News By Bate Hallett

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...

Bramwell Bate News
July 11, 2018 In Bramwell Bate News By Bate Hallett

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...

July 11, 2018 In Bramwell Bate News By Bate Hallett

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...

July 11, 2018 In Bramwell Bate News By Bate Hallett

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...

July 11, 2018 In Bramwell Bate News By Bate Hallett

Cross-leases – What are they and what implications do they have?

Historically, cross-leases were a popular form of dividing land for land owners. This is because owners could avoid certain subdivision restrictions and would gain similar results to a formal subdivision under the existing Act, but at a fraction of the price. However, when the Resource Management Act 1991 was introduced, it made significant changes to the existing subdivision laws and practices, which meant that cross-leased properties were deemed to be a subdivision and were no longer a way to avoid subdivision...

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July 11, 2018 In Bramwell Bate News By Bate Hallett

Lease Agreement versus Tenancy Agreement – What is the difference?

We regularly see clients interpreting lease agreements and tenancy agreements as being the same document. However, while both agreements are similar, it is important to understand the differences. Lease Agreements (“Lease”) A Lease is a contract between a landlord and a tenant for a commercial building. Leases are typically very detailed in regards to the conditions of the tenancy so that there are no discrepancies or issues during the term. Leases cover the responsibilities (“warranties”) of both the tenant and landlord in detail....