Litigation, Disputes and Employment

Delivering quality legal representation and advocacy in all courts and tribunals, with the depth of resource and expertise in alternative dispute resolution for increased flexibility, cost efficiency and reduced incidence of disputes.

Litigation is about finding the best solution when things go wrong. This may or may not involve court action. Brookfields is aware of the need to balance any potential outcome with the risks of any action. Our aim is to ensure that we secure the optimum outcome, whether in court or around a settlement table.

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Auckland Office: +64 9 379 9350

Wellington Office: +64 4 499 9824

Email: law@brookfields.co.nz

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What we give you:

  • Strategic, pragmatic advice as to your particular legal issues, options and what we consider to be the optimal approach
  • Understandable reports and opinions
  • Consideration of your issues in the wider context of your long term objectives
  • High quality legal representation and advocacy in all courts and tribunals
  • Expertise in alternate dispute resolution including arbitration and mediation
  • Negotiated settlement agreements that work
  • Cost-effective work delivered through appropriate technologies
  • Regular updates on progress and costs of your work
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Alternative Dispute Resolution

Brookfields is broadly experienced in both litigation and alternative dispute resolution (ADR) encompassing negotiation, mediation and arbitration, and other variations such as expert determination and mini trials. ADR processes can be applied in a wide range of disputes including commercial matters, property and resource management concerns and family disputes.

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Building Law Regulation

Development on both a large or small scale is regulated by the Building Act 2004 under which local authorities manage the inspection and certification regime. The Act aims to ensure that building work is carried out safely, with people's well-being and sustainability in mind and to promote the accountability of owners, designers, builders and local authorities in meeting their responsibilities under the Act.

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Commercial Disputes

Brookfields' litigation and dispute resolution lawyers have a proven track record across a wide range of key areas, including contractual and company disputes, negligence and negligent misstatement claims, intellectual property, consumer protection, trade practices and securities law.

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Debt Recovery

If you are finding it difficult to recover an outstanding debt, you may find that an experienced third party will save you time and money. We have developed an efficient service to recover outstanding debts for our corporate, public sector and private clients.

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Defamation and Media

Brookfields has considerable experience in defamation, privacy and media law. We have for a number of years acted for publishers and reviewed material for defamation or IP breaches (such as copyright breaches or trade mark infringement) prior to publication. In this way, we have been able to help our clients avoid potential defamation or intellectual property claims.

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Insolvency, Receiverships, Bankruptcy

Brookfields has broad expertise in corporate restructuring, receiverships, liquidations, voluntary administration, arrangements, compromises, bankruptcy, security enforcement and insolvency related advice and litigation.

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Insurance

Brookfields has extensive experience in providing advice to insurance companies on a wide range of insurance policies. Our specialist services include advice on professional indemnity, general, statutory and public liability, employer, directors and officers liability and property insurance policies.

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Intellectual Property and Technology

Businesses are fully aware that their intellectual property (IP) is an asset. However many still do not understand how they can protect it, how they can best exploit it, how they can enforce their rights to it and what strategies they need to manage these functions.

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Judicial Review

Judicial review is a means by which the court can scrutinise the decisions and actions of public officials. Decision‑makers are required to act fairly in reaching their decisions, and they must do so in accordance with the law.

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Leaky Buildings

For many who are facing the results of the failures in buildings under the regime that existed before the Building Act 2004 was enacted, and perhaps dealing with leaky buildings, it can seem like a minefield. Time is running out for claims as limitation periods expire.

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Liquor Licensing

There cannot be many lawyers who have appeared before the Alcohol Regulatory and Licensing Authority and its predecessors, as frequently as John Young and Andrew Green. They work closely with licensees and licensing agents and are known to and respected by the Police and Inspectors. This enables them to negotiate win win outcomes when licensees and managers face cancellation and/or suspension proceedings.

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Property Disputes

Brookfields has a cross-discipline approach to property disputes. Experienced property lawyers work alongside our litigators (including specialists in planning/resource management areas) to resolve any problems or issues relating to property.

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Disciplinary and Dismissal

Not all employer and employee disputes will end in dismissal. However when embarking on the disciplinary process, both sides need to ensure they comply with all legal requirements. This is an area where the emphasis needs to be on "resolution".

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Employment Agreements

All employees must have a written employment agreement and failure to comply with this requirement can lead to an award of a penalty against the employer. There are a number of compulsory provisions which must be included in an employment agreement by law, including hours of work and place of work, for example.

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Employment and Immigration

Immigration rules relating to hiring employees are complex and the penalties under the Immigration Act 2009 are considerable. It is not worth taking the risk and getting it wrong. Brookfields' employment law team can help ensure that you comply with immigration law and policy.

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Employment Restructuring

Where restructuring and reorganisation of a business impacts on employees the law requires that employees are consulted both prior to the change and at the time the proposal for change is developed. Employees who might be faced with the dreaded word "redundancy" will be under stress, and react accordingly. It is important to manage this process carefully.

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Health and Safety

Workplace health and safety impacts on every business and everyone in the workplace has obligations to ensure it is healthy and safe.

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Restraint of Trade

Non-competition, non-solicitation and restraint of trade provisions are being litigated more and more given current market conditions.

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Workplace Policies

Policies are generally not compulsory in terms of the law but they can be useful to set workplace expectations and by their nature they reflect the culture of a workplace and so need to be drafted accordingly. Policies are a flexible way to record matters which the employer may wish to change over time, such as (for example) guidelines around a bonus scheme.

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