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Legal Health Check for Businesses

Published: 3rd December 2015

Author: Tristram Lock, Law North Limited

Published in: Fine Print | Issue #68

It’s essential for your business to be compliant

Another trading year is almost at an end. You concentrated on increasing business income, you’ve built (or improved) your business systems, you believed in yourself and your product/service and profits have improved.

However, whilst you have been busy minding your own business you may have only briefly considered how changes in legislation or regulations might affect your business, and how you may need to adjust your management systems to include those changes. Below we note some recent legislative changes that you should already have adopted into your business processes. We also alert you to upcoming changes so you can make preparations to ensure that your business complies as soon as they come into force.

Employment Relations Act 2000

Changes to flexible working arrangements came into force on 6 March 2015. Your employees may now request a variation of their working arrangements (without requiring a reason to be given). An unlimited number of requests for flexible working arrangements can now be made.

To ask for flexible working arrangements, your employee’s request must be in writing, stating their name, the date the request is made and that the request is made under Part 6AA of the Act. They must also specify whether the request is permanent or temporary, the dates that the arrangements are to begin (and end, if a temporary arrangement), and provide an explanation in their view of what arrangements within the business you as their employer will need to make to accommodate the new arrangements, if the request is granted.

As an employer, you have a maximum of one month to grant or refuse the request. The decision must be notified to your employee in writing. A request may only be refused on the grounds contained in the Act and reasons must be provided for relying upon the particular grounds of refusal.

The grounds for refusing a request are an inability to reorganise work amongst existing staff or to recruit additional staff, detrimental impact on quality, the performance or inability to meet customer demand, insufficiency of work during any proposed period of work, planned structural changes and the burden of additional costs.

The request must be refused if a collective agreement applies to the employment. If you don’t comply with this legislation, the Employment Relations Authority could impose a fine of up to $2,000 per breach. The fine would be payable to your employee.

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  • Manawatu - Wanganui
  • Marlborough
  • Nelson
  • Northland
  • Otago
  • Southland
  • Taranaki
  • Waikato
  • Wairarapa
  • Wellington
  • West Coast

Daniel Overton & Goulding

We offer a wide range of legal services and advice to our clients who come to us with a number of different legal issues. In all instances we strive to get our clients the best advice and outcome. Come to our experienced and knowledgeable team about any legal issue and if we cannot find the answer we will be able to get you the right expert who will get you the right advice, and get you the best result. This is a vital part of our client care.

Region: Auckland

Phone: 09 6222 222

Rejthar Stuart Law

A long established law practice providing comprehensive and specialised legal advice and services to a diverse range of commercial and private clients.

Established in 1997 the firm has grown over the years to become a two solicitor, two legal executive firm representing both private and commercial clients.

Region: Bay of Plenty

Phone: 07 577 6565

Parry Field Lawyers

With expertise in a wide variety of legal matters, Parry Field has developed a reputation for providing high quality legal advice and services in a timely fashion.

With offices in Riccarton, Hokitika and Rolleston Parry Field like to cover all bases.

Region: Canterbury

Phone: 03 348 8480

Purnell Lawyers

There is nothing as inevitable as change. Since opening for business early last century, we at Purnell Lawyers have seen many changes both in name and in the people who have made up the members of our team. We have been privileged to have served the public throughout all of these times. 

We are confident that we will continue to bring top quality legal services to our clients well into the future.

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Phone: 07 868 8680

Woodward Chrisp

At Woodward Chrisp we strive to meet the needs of our clients by providing a wide range of high quality legal services within a supportive and collaborative environment.

Woodward Chrisp is the amalgamation of two long established Gisborne legal firms: Woodward Iles & Co and Chrisp and Chrisp. Today’s partners are Ross Revington, Adam Simperingham, Jeff Allen and Ellie FitzGerald.

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Gifford Devine

For all life’s matters, the team at Gifford Devine have your back. Since 1896, our lawyers have been providing straight-talking, practical advice and advocacy to people, families and businesses in Hawke’s Bay.

As your legal champions, we’ll serve you as a trusted adviser, listen to your needs, offer plain English advice, and find a solution to get you the best possible outcome.

We have the expertise to identify potential legal issues, to help you make important decisions, and to realise your goals. We’re your legal champions for all reasons and at all stages of life.

Region: Hawke's Bay

Phone: 06 873 0420

BMC Lawyers

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Our legal professionals are passionate about what they do and work alongside a talented team of support and administration staff to make a real positive difference to our clients.”

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Region: Otago

Phone: 03 418 0066

Sheddan Pritchard Law Ltd

Incorporating traditional values and a fresh perspective, Sheddan Pritchard Law is here to assist you with all your legal needs. 

Our friendly and team-driven approach underpins our firm’s values, recognising the importance of putting people first and allows us to connect and nurture professional relationships with new and existing clients within our local community of Gore, as well as throughout New Zealand and extending overseas.

Region: Southland

Phone: 03 209 0030

Welsh McCarthy

Welsh McCarthy practises in Hawera, South Taranaki. Predominant industries in the South Taranaki district are dairy farming, oil and gas. The South Taranaki area also has the largest one-site multi product milk processing facility in the world

We deal with company and commercial transactions, commercial and family law, farm and residential sales and purchases, estate planning and family and charitable trusts. A large part of the firm also deals in the area of family law.

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Edmonds Judd

Edmonds Judd is based in Te Awamutu with an office in Otorohanga and continues to proudly serve the Waikato District as it has done for over 100 years. Known as a firm that generations of families have relied on and looked to for advice and assistance in both the good times and the bad, Edmonds Judd is the friendly and trusted name in legal services. Blending experience with cutting edge technology, which is rivalled only by the level of service and satisfaction which is provided to its loyal clients. Edmonds Judd’s friendly staff are more than happy to assist you in any enquiry you may have.

We will provide you with:

  • Smart and innovative legal thinking
  • Plain and simple language, instead of legal jargon
  • Decades of knowledge and broad perspectives from our widely experienced team
  • Access to the resources and skills of the NZ LAW group that Edmonds Judd is a member of.
  • You’ll have the knowledge of over 55 independent law firms behind you.

Region: Waikato

Gawith Burridge

Gawith Burridge traces its history back to 1875 when Charles Gawith first set up his practice. Since then the firm has undergone many changes, including a merger between Gawith & Co and Burridge & Co in 1998 to form our current practice.

Our firm draws on the breadth of expertise available from some of the region’s most senior legal practitioners, as well as the skills of those who have moved here from larger corporate environments.

As a result, we provide clients with a comprehensive range of legal services right here in the Wairarapa. We can provide you with legal assistance whether you are an individual or a company, with everything from setting up a Will to selling your farming business. 

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Gillespie Young Watson

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Hannan & Seddon

The Law Firm of Hannan & Seddon dates back to September 1867.

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The name Hannan comes from Mr Michael Hannan whose son John Hannan (Jack) joined the firm in 1908. Jack Hannan remained in partnership until he passed away in 1974 at the age of 90!

The name Seddon comes from Mr T E Y Seddon (son of Premier Richard John Seddon from Kumara) who joined the firm in the 1920's. The other prominent Solicitor at Hannan & Seddon was Cyril McGinley who joined the firm in the late 1920’s and retired as a Consultant in 1997 aged 87.

Currently we have two Partners within our firm. Tony Sullivan who has been with us for 29 years and Colin Smith, 26 years. The firm also has two long serving Legal Executives Elaine Knowles and Beverley Walsh.  

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