/Recent Legal Developments/
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Health and Safety Developments

The emerging doctrine under the Health and Safety at Work Act 2015 (H & S Act), which substantially increases the penalties available for H & S breaches, continues to develop. Our legal update dated December 2017 covered some notable early sentencing decisions applying the new parameters. Subsequent decisions have also proved instructive. WorkSafe New Zealand [...]

May 1st, 2018|Categories: Legal Developments|

NZ High Court follows UK approach on doctrine of penalty clauses

The common law has long held that contractual clauses providing remedies for breach, but which set out consequences out of all proportion to the effects of the breach, are unlawful penalties. The NZ High Court had the opportunity to consider this doctrine in light of recent UK and Australian decisions, in Honey Bees Preschool Ltd [...]

February 1st, 2018|Categories: Legal Developments|

Recent developments: unsubstantiated claims

In 2014, a “substantiation provision” was passed into NZ law. Section 12A of the Fair Trading Act 1986 prohibits persons in trade from making unsubstantiated representations, with “unsubstantiated” being defined as applying whenever the person making the representation does not have reasonable grounds for their claim. Section 12A is balanced by statutory defences in section [...]

December 4th, 2017|Categories: Legal Developments|Tags: |