Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Franchising in Whakatane, like many parts of New Zealand, is a popular business model, with numerous franchises present across various industries. The franchising law in Whakatane operates under the broader framework of New Zealand's franchise law. There isn't a specific 'Franchise Act' in New Zealand hence franchise laws are governed by aspects of contract law, fair trading law, consumer protection law, intellectual property law, and employment law, among others. It becomes imperative to consult with legal professionals for a thorough understanding.
Franchising involves many legal aspects, including the signing of a franchise agreement, leasing of premises, disputes between franchisors and franchisees, and franchisor sales and acquisitions. An experienced lawyer can provide insight into understanding agreements, ensure your business transactions comply with NZ law, negotiate contracts, and represent your interests in any disputes. Additionally, issues related to intellectual property, employment contracts, health and safety regulations, and real estate law may arise.
Without a specific Franchise Act, noteworthy legal considerations include the Franchise Association of New Zealand’s Code of Practice and Code of Ethics, which aim to regulate fair dealings. Franchisees should ensure that their franchisors comply with these codes. Other laws that franchises must adhere to include the Fair Trading Act 1986, which proscribes any misleading or deceptive conduct, the Contracts and Commercial Law Act 2017, which governs contract law, and the Employment Relations Act 2000, which outlines obligations to employees. It's also advised to watch out for changes in local council regulations that may affect your franchise operation.
Your franchise agreement coupled with the legislation forms an important part of your protection. A well-crafted franchise agreement should clearly define the obligations of all parties, terms of agreement, termination conditions and renewals.
You can seek legal advice to understand your rights and obligations under your agreement. If you're a member of the Franchise Association of New Zealand, you may file a formal complaint for mediation.
Your franchise agreement should provide terms for termination. If it's silent, or if you and your franchisor cannot agree, legal advice should be sought to protect your interests.
Lawyer fees vary widely based on their expertise and the complexity of your issue but they typically have an hourly rate. It's crucial to ask for an estimate at the outset.
While not compulsory, it's strongly recommended given the complexities of franchise law, and its intersections with other branches of law. A lawyer can aid in ensuring a viable and lawful operation.
Potential resources include the Franchise Association of New Zealand, the Ministry of Business, Innovation and Employment, and the Commerce Commission. These provide valuable information and can help you understand your rights and obligations.
If you need legal assistance, first identify your specific concerns. Then you should contact a lawyer who specializes in franchising. If you have a dispute with your franchisor, consider mediation before litigation. Always ensure that your actions align with the terms of your agreement and the relevant laws.
