November 14, 2016 In Bramwell Bate News By Bate Hallett

Best vs Reasonable Endeavours

Have you ever seen a contract or agreement including terms such as “best endeavours”, “reasonable endeavours”, or “all reasonable endeavours”? What do these terms mean? What is a party expected to do under these terms? These common terms are generally misunderstood. However, as a general rule, these terms are used to compel a person to take action to fulfil an obligation or condition that might be, to some extent, beyond that person’s immediate control. However, as with any contractual obligation, the devil...

November 14, 2016 In Bramwell Bate News By Bate Hallett

Sharemilking Agreements

What is Sharemilking? For a number of years dairy industry has been an integral part of New Zealand’s economy and a sharemilking arrangement provides a stepping stone for farmers looking to become farm owners themselves. Two parties exist under a sharemilking agreement, the farm owner and the sharemilker. Essentially, the parties enter into a sharemilking agreement on the basis that the sharemilker is responsible for operating the farm on behalf of the owner, but does not own the land and in return...

May 25, 2016 In Bramwell Bate News By Adam Harris

Employment Law Update

Recent changes to Employment Act not be too stressful. If you follow the news you’d think that being an employer has just become impossibly complicated but don’t let the media’s search for the sensational distract you. The recent changes to the Employment Relations Act are not so hard to understand, and those who have wound themselves up over the calculation of holiday pay may need a holiday themselves. Holidays first. When a person is on paid leave it seems obvious that they...