In an Australian case, a mobile services company had in its standard terms and conditions:
- “We may vary any term of this Agreement at any time in writing…”
This was held to be an unfair contract term, in breach of Australian consumer protection laws.
From 17 March 2015, similar protections will apply in New Zealand, and those in trade will be prohibited from including unfair contract… Continue reading
It is compulsory to have a written employment agreement for all employees. This includes a whanau member as a recent example highlights.
The employer had a sister who was short of work so in the spirit of whanaungatanga offered her employment to do odd jobs around the business. As she was a whanau member the employer did not bother with getting the paperwork done. In due course the employer’s… Continue reading
Negotiating with the Crown towards the settlement of historical Treaty of Waitangi breaches is never easy.
Claimant groups want to maximise the financial redress they can receive from the Crown. The Crown negotiator on the other hand is required to work within government settlement parameters which are not disclosed to claimants.
This can make the prospects of negotiating a settlement for claimants daunting.
There are three key… Continue reading
You have been to see your lawyer, they have drafted a Will and asked you to come in and sign it. You then leave the draft in a drawer and forget about it. You have your wishes on paper now, surely that’s enough right? Wrong! An unsigned (or incorrectly witnessed) Will has absolutely no legal effect.
Far too often people start the process of updating their Wills and do… Continue reading
In a recent example another husband and wife were in their late forties with several teenage children. Both were working fulltime, their children were at the stage of becoming more independent and their lives in general were going well.
The husband had been feeling healthy within himself and it came as a shock to his wife and his family when they were called to say that he had suffered… Continue reading
An employee who worked as a Principal has had one of four personal grievance claims upheld by the Employment Relations Authority.
The Principal was suspended and then dismissed after several complaints were made about her behaviour.
The ERA rejected the employee’s personal grievance claim for disadvantage in respect of one of the complaints which the school received about her. The ERA held that the employer was justified in… Continue reading
Daniel and Lucy set up a family trust ten years ago and transferred their family home to it. They had been gifting $27,000 each per year to reduce the loan from them to the trust that arose from the transfer of the property to the trust. After the abolition of gift duty in 2011, they gifted the whole amount remaining in one lump sum. They presumed they had therefore completed… Continue reading
An elderly Kuia told her whangai daughter that she wanted her to have some of her Maori land interests when she died, and that she had made provision for this in her Will.
The elderly Kuia died, leaving a Will, which made mention of her various Maori land interests going to her natural child, and also to her whangai daughter by name.
Unfortunately the Will made no mention… Continue reading
There are regular news reports about claimant groups throughout the country entering and moving through the Treaty settlement process… all with a view to negotiating the best settlement package possible for their claimant group. Is your group one of them?
Getting started on the negotiations path requires preparation. The following are some key tips to assist your group. You need to:
- Have a claim registered with the
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