NZS 3910 is the form of contract used for most building, engineering, construction and infrastructure projects in New Zealand. NZS 3910 is published by New Zealand Standards.

A new version of NZS 3910 was released in November 2023 (2023 Version). The prior version of NZS 3910 was released in 2013 (2013 Version).

It is common for an amount to be withheld from a payment made to a party carrying out work on a construction project. This is referred to in the Construction Contracts Act 2002 (CCA) as ‘retention money’.

Tessa Dickie was recently interviewed by Stuff about the “Six things to ask your lawyer when buying your first home”. The article has some great tips for first home buyers.

Changes have been made to the Fair Trading Act 1986 which will have an impact on ‘small trade contracts’. These changes will take effect on 16 August 2022.

The Privacy Act 2020 (Act) will take effect on 1 December 2020, repealing the Privacy Act 1993 and revoking the Privacy Regulations 1993.

One of the purposes of the Trusts Act is to provide mechanisms to resolve trust related disputes. The Trusts Act will do that by making alternative dispute resolution (ADR) (e.g. mediation or arbitration) more accessible to resolve trust related disputes.

The Minister for Justice, Hon Andrew Little, has announced a package designed to assist small businesses struggling to meet fixed costs (e.g. rent) due to the loss of revenue caused by COVID-19.

The decision of the Supreme Court in 127 Hobson Street Limited v Honey Bees Preschool Limited [2020] NZSC 53 sets out the principles to be applied in determining whether a clause in a contract is an unenforceable penalty.

The Trusts Act will give beneficiaries the ability to apply to the High Court to review the removal or appointment of a trustee or any act, omission or decision of the trustees.

As for the safe harbours for directors discussed in this article, the Business Debt Hibernation Scheme (BDH) is intended to provide a platform for businesses to continue to trade through and out of the COVID-19 crisis.

The COVID-19 Response (Further Management Measures) Legislation Act 2020 has made changes to the Companies Act 1993 to create safe harbours for directors in insolvency circumstances. The intention of the changes is to provide a platform for businesses to continue to trade through and out of the COVID-19 crisis rather than prematurely winding up as a result of it.

The COVID-19 Response (Further Management Measures) Legislation Act 2020 was introduced to parliament on 5 May 2020 and received royal assent (the final stage in becoming an Act of parliament) on 15 May 2020.

There will be more flexibility for trustees to delegate their powers under the Trusts Act. For example, a trustee will be able to delegate, by power of attorney, that trustee’s powers in circumstances.

The Trusts Act will require trustees to disclose information to beneficiaries. The purpose is to ensure beneficiaries have sufficient information to enforce against the trustees the terms of the trust and the trustees’ duties.

The lock down has caused havoc for many companies as they have been forced to quickly adapt to different ways of working and often significantly reduced or no cash flow for a period. This article considers the duties of directors in the context of a cash flow crisis.

The lock down imposed by the Government has affected the ability to get contracts and other legal documents signed and witnessed in person. Thankfully, the law provides the option for most contracts to be signed electronically, subject to meeting certain requirements and the exclusions.

Our experience was that COVID-19 first impacted procurement. Then, once the alert level increased to levels 3 and 4, most construction sites were shut down completely. In some cases, design (and other tasks which can be carried on remotely) continues but physical works have come to a standstill.

Over the last month or so, our team has received many calls and emails from businesses coming to grips with the effects of COVID-19. Based on that experience, we have released 'A legal guide to navigating COVID-19 and its effects'.

In the context of COVID-19, this article considers workplace closures, force majeure and frustration as it applies to employment arrangements.

Workplace changes include restructuring (meaning that employees’ jobs change), but could also extend to redundancies (meaning that employees’ jobs end). Changes that may be made include the merger of positions, change of responsibilities, and redundancies, amongst other changes.