Legislation
All Articles
Who Can Legally Sell A Franchise?
Do you need special qualifications to sell a franchise? Yes and no - Stewart Germann clarifies the laws about selling franchise opportunities
Franchise agreements could be affected by new business protections – lawyers
26 September 2019 – Andrew Skinner and Khushbu Sundarji of Stewart Germann Law Office discuss the potential impact on franchising of proposed changes to the Fair Trading Act
Legal protections to affect small businesses – and franchising?
24 September 2019 – Proposed changes to the Fair Trading Act would extend current consumer protections against unfair contract terms to apply to business contracts with a value below $250,000
Bill to give 'no undue preference' to franchising
30 October 2018 - A new Cartel Bills report recommends that no allowances be made for franchise relationships, despite strong submissions
Employment clampdown: penalties grow
26 February - Franchisors advised to ensure franchisees compliant as Labour Inspectorate investigations continue
Tax cuts for small business to offset wage increases?
31 October 2017 - Prime Minister Jacinda Ardern is looking at offering tax breaks for small businesses to ease the burden of incremental increases to the minimum wage rate over the next three years.
NZ franchisor to pay nearly $200,000 for employment breaches
1 November 2017 – Employment breaches in a series of connected Asian restaurants in Auckland, including the Gengy’s Mongolian BBQ Buffet franchise, have seen the owners face nearly $200,000 of costs.
NBR opens regulation debate again
A recent series of articles in the National Business Review has once again raised the topic of possible regulation in New Zealand’s franchise sector.
Franchise restraints: case-by-case approach means outcomes vary
October 2016 – Deirdre Watson shares three lessons on the most recent High Court cases involving restraints of trade and good faith in franchising
Caught in the Act - Health & Safety
March 2016 - Simon Lord finds new safety legislation can be a bonus for franchisors and franchisees – if you do it right
Cartels Bill to be amended to clarify franchising issues
August 2016 – A law that could have badly affected franchisors and franchisees is to be amended.
World Franchise Council opposes joint employer liability
November 2015 - Jason Gehrke reports on international moves to stave off growing legislative pressure to draw franchisors into employment issues
Review could raise franchise regulation spectre again
29 August 2013 - The Productivity Commission has just announced a review of regulatory regimes in New Zealand which could highlight differences with Australia
FANZ submission seeks automatic exemption from employment law provision
July 2013 – The Franchise Association has proposed that its members should be granted automatic exemption from a change to Part 6a of the Employment Contracts Act
Campaign launched as franchises threatened by legislation
4 July 2013 - 20,000 postcards and an online campaign are being used to put pressure on Government to ensure that proposed law changes don't unfairly impact franchisors and franchisees
MORE NZ LEGISLATION could affect franchisors, franchisees
June 2013 - Two proposed changes with consequences for franchising are currently winging their way through the legislative channels
Condoms or bust? Expectations and compliance in franchising
Gehan Gunasekara asks whether those who buy franchises really know what they are getting into, and suggests proposed changes to consumer law don't go far enough
franchise regulation
REVIEWING THE REVIEW
Gehan Gunasekara and Tiffany Lee examine the process behind the 2008 Government Review of the possible need for franchise regulation
Consumer law to provide BACKDOOR FRANCHISE REGULATION?
October 2010 - The Ministry of Consumer Affairs is proposing to extend some elements of consumer law into business-to-business standard form contracts, including franchise agreements.
Symposium Debates Franchise Law Options
June 2009 - The symposium on Franchise Law Reform held at the University of Auckland brought together some of the top legal minds in franchising to debate the options for regulation of the sector.
How much would franchise regulation cost?
June 2009 - Australian research suggests legislation changes cost franchisors $9 million last year alone
Strengthening Franchising Through Regulation
December 2007 - Gehan Gunasekara adds his thoughts to the debate on franchise legislation. He argues that New Zealand should follow its own path in developing the content of regulation and that it should enhance the relationship between franchisors and franchisees and their customers.
Commerce Minister's Speech on Franchise Review
August 2008 - The following is the text of the speech by Commerce Minister Lianne Dalziel at the Business Opportunities & Franchise Expo, Auckland, on 16 August 2008
Legislation: Help or Hindrance? - Your Comments
September 2005 - Readers respond to the article in our latest issue on the possibility of franchise regulation with their comments, experiences and suggestions.
Is Franchise Law A Step Closer?
30 March 2008 - Franchise regulation is on the agenda after several high-profile problems. Simon Lord talks to the Commerce Minister and outlines franchisors' concerns
FANZ Address to Franchise Law Symposium
June 2009 -This is the abstract of an address given by Estelle Logan, Chairman, Franchise Association of New Zealand Inc. to the Franchise Law Reform Symposium held at the University of Auckland Business School on 25 June 2009
Regulation - Hints and Concerns
June 2008 - Work is proceeding behind the scenes on the preparation of a regulatory framework for the franchise sector in New Zealand
What Price Legislation?
September 2007 - Should franchising be legislated? A few years ago, the question would have been met with a resounding NO from the franchise sector.
Franchise Association Calls For Positive Regulation
13 February 2008 - The Franchise Association of New Zealand has come out in favour of franchise regulation with calls for six specific recommendations to be included in legislation currently before parliament.
Good Faith vs. Unconscionable Conduct
July 2009 - One of the topics covered at the 2009 Franchise Law Reform Symposium in Auckland was the possible introduction of the concepts of 'good faith' and 'unconscionable conduct' into New Zealand law. Here, Stewart Germann expands upon the commentary he gave at the seminar.
Regulation Off the Agenda?
March 2009 - The prospect of franchise legislation seems to have receded following last year's review by the Ministry of Economic Development.
Government Decides AGAINST Franchise Regulation
12 June 2009 - The Ministry of Economic Development has today announced that, following last year's Review of Franchising Regulation, the Government has decided that there is no case for franchise-specific regulation at this time.
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