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Archive: 2017

  • Body Corporate Business Update December 2017

    7 December 2017

    NEED A SCHEME?Leaky building? Significant repairs? Large-scale maintenance project?A body corporate facing significant building works to repair building defects and associated damage, or replace building components at the end of their useful life may be able to rely on the default statutory provisions of the Unit Titles Act 2010 (“UTA”) to complete the work. Alternatively, it may be either necessary or desirable to turn to section 74 of the UTA and establish a reinstatement scheme.While the default statutory provisions may ...

  • Contract and Commercial Law Act 2017 – Changes and Implications

    6 December 2017

    The Contract and Commercial Law Act 2017 (“CCL Act”) came into force on 1 September 2017. The new legislation consolidates 12 commercial statutes into one to allow an up-to-date and accessible “one stop shop” Act to deal with contractual and commercial law matters.For example, legislation concerning contracts privity, contractual mistakes, contractual remedies, frustrated contracts, sale of goods, and carriage of goods have been repealed, and such matters are now governed by the CCL Act. However, consumer protection legislation has not ...

  • Health & Safety

    6 December 2017

    WorkSafe (the health and safety regulator) has recently announced that it has accepted enforceable undertakings from Zespri. These undertakings are in connection with a fatal quad bike incident, which occurred in May 2016 on a Tauranga orchard. The victim was a worker engaged by a contractor of Zespri.Enforceable undertakings are a tool that Worksafe can use as a positive alternative to prosecutions under the Health & Safety at Work Act 2015.This case highlights two interesting points: first, what are the ...

  • New Cartel laws

    6 December 2017

    Amendments to the Commerce Act significantly expand the scope of prohibited cartel conduct. There are also two new exceptions. However, it is important to check existing contracts prior to the expiry of the nine month transitional period on 14 May 2018 because certain criteria must be met before the exceptions apply.What contracts could be affected?Any distribution agreements, joint ventures, franchise agreements, or any other agreements, arrangements, or understandings between two or more competitors that restrict output or allocate markets. This ...

  • Vendor breached warranty in Agreement for Sale and Purchase

    6 December 2017

    In the recent case of Y L New Zealand Investment Ltd v Ling [2017] NZHC 1793, the High Court has held that a breach of warranty by a vendor caused loss to the purchaser of a property.Ms Ling entered into an agreement to buy a property in Pukekohe. It comprised of a house on 4.6 hectares of land that had been used previously for equestrian purposes, but it was purchased by the parties for future development.Ms Ling later on-sold the ...

  • Important to protect against potential liability for prior agent’s commission

    5 December 2017

    We have recently obtained a favourable judgment for Barfoot & Thompson (“Barfoots”); whereby, they recovered commission due under a sole agency agreement from vendors who sold the property privately shortly after the sole agency expired. Barfoot & Thompson Limited v Gore Nominee Limited & Hon Thi Thuy Hoang [2017] NZDC 14564The sole agency agreement included a provision that the vendors must pay the commission if they entered into a private agreement to sell their property within six months following expiry ...