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Hive down restructurings

April 26 2012 Recently a number of businesses that were acquired in the relatively heady pre-GFC days have needed to take action to restructure their equity and debt.

Employer justified in refusing to indemnify employee

January 25 2012 The Court of Appeal has recently confirmed that the duty of indemnification does not apply in a situation where the employee's conduct fell outside the reasonable performance of her duties (Katz v Mana Coach Services).

Court of Appeal case highlights important issues relating to assignments and novations

May 21 2013 A recent Court of Appeal decision (Kakara Estate Ltd v Savvy Vineyards 3552 Ltd [2013] NZCA 101) highlights how important it is for parties to be…

Employee's refusal to speak during disciplinary meeting contributed to dismissal

December 21 2010 Last month, the Employment Court held that an employee's refusal to answer any questions or communicate with her employer during a disciplinary investigation contributed significantly to her dismissal (Radius Residential Care Limited v McLeay).

Dos and don'ts for drafting alternative dispute resolution causes

February 25 2013 In our experience there are a number of matters commonly overlooked when parties draft alternative dispute resolution (ADR) clauses. The following…

Shifting the burden: the Supreme Court rules on assigning contracts

September 22 2014 When can you transfer contractual rights and obligations to someone else? The Supreme Court has changed the rules in Savvy Vineyards v Karaka Estate…

Earning gold stars – the introduction of the voluntary Health Star Rating Scheme

September 19 2014 On 27 June 2014 the Minister for Food Safety announced that the Government would be joining with Australia in introducing a voluntary labelling…

Selective disclosure by listed issuers: recent “best practice” developments

September 9 2014 The recent Newcrest decision is a timely reminder for listed issuers to take particular care in the selective disclosure of information, particularly…

New Supreme Court insurance case cuts a middle ground

September 4 2014 What cover is there under a material damage policy if the insured property is damaged on more than one occasion during the policy period? In a…

IRD publishes guidance on FATCA

September 4 2014 The Inland Revenue Department has published information on the US Foreign Account Tax Compliance Act, and its application in New Zealand. The Foreign…