Legal Matters

All Articles

Rights & Wrongs

June 2020 – Stewart Germann and Khushbu Sundarji review lessons from three recent cases involving well-known New Zealand franchises.

Leases & Landlords

Paul Turner and Scott Goodwin of Goodwin Turner Commercial Lawyers offer some notes for franchisees regarding leases

MBIE reminder on personal liability for employment law breaches


29 April 2019 – The Labour Inspectorate has reminded individuals, including business directors, senior managers and legal or business advisors, that they can be held personally responsible even if they are unofficially connected to a business that breaches minimum employment standards.

Franchisors take action on cheating franchisees

18 September 2018 – Two more franchisees found guilty of historic wage and visa breaches have lost their businesses

Swings and roundabouts in employment law changes

31 January 2018 – Changes to employment law mean franchisors and franchisees need to be prepared

Follow the law on alternative holidays, says Labour Inspectorate

19 December 2017 – Payroll calculations are continuing to catch companies out, and franchisees could be vulnerable

Don’t say it’s over -
leaving a franchise doesn't mean you can just carry on

June 2016 - Harshad Shiba reviews two recent cases involving well-known New Zealand franchises

- how restraint of trade and IP issues affect former franchisees and imitators

Stewart Germann and Harshad Shiba review three legal cases in New Zealand which protected the value of a franchisor’s intellectual property

holding on to WHAT’S YOURS

March 2014 - Stewart Germann and Harshad Shiba review three legal cases which protected the value of a franchisor’s intellectual property

Exiting franchisee and existing customers
- a complicated case

January 2014 - Ending a franchise relationship is often not a black and white exercise. Deirdre Watson details a case where a third party was drawn into a dispute over an attempt to poach customers.

– the story of the gym franchise
and the franchisee who took down the signs

April 2013 - A dispute between Club Physical and a multi-unit franchisee was only resolved after a lot of publicity and a lot of legal fees

how do franchise disputes escalate
and what can you do to avoid it?

Jeff Giddings, Lorelle Frazer & Scott Weaven look at what drives franchisees and franchisors to damage their own systems during disputes

'HARSH CONSEQUENCES' for Club Physical franchisee as injunction granted

7 March 2013 - The application for interim injunctions against the Club Physical franchisee who rebranded three Auckland gyms without warning has been granted

overseas franchisees call for GREATER PROTECTION

May 2011 - A US body called the Coalition of Franchisee Associations has called for the introduction of a ‘Bill of Rights’ for franchisees, while a new Australian body is also concerned for franchisee rights.

can you opt out of ARBITRATION?

December 2010 - A recent court case highlights the importance of arbitration clauses

Second Opinion on Court of Appeal's Due Diligence Decision

1 April 2009 - Franchisors shouldn't rejoice too soon over the recent Court of Appeal decision in the James Home Services case

Franchising in Safety

Clayton Kimpton and Penny Hargreaves deliver a warning on the impact of health and safety legislation on franchises

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