Legal Matters

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FALL-OUT

Legal Review 2023 – Stewart Germann and Khushbu Sundarji review three recent cases where franchisors and franchisees went to court seeking legal injunctions – and weren’t successful

Franchisees miss out as visa policy review delayed

4 July 2023 – MBIE has delayed an expected review of its treatment of franchisee-owned businesses under its Accredited Employer Work Visa programme

New rules on rent relief – 5 key aspects for franchisees

3 November 2021 – A new Bill has seen commercial lease abatements implied into leases as a way of requiring landlords and tenants to agree fair rent relief during periods affected by Alert level restrictions. Paul Turner of Goodwin Turner Commercial Lawyers outlines the changes and comments on 5 key aspects and what they could mean for affected franchisees

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

AFTER YOU'VE GONE
- 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.

A VERY PUBLIC DISPUTE
– 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

KAMIKAZE CONFLICT
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.