PUBLICATIONS

Publications

Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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Eleven Acts in One - Overhaul of Contract and Commercial Law

Written by Darryl King, PARTNER; David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on August 16th, 2017.    

The Contract and Commercial Law Act 2017 (CCLA) will come into force on 1 September 2017.  The CCLA repeals a number or Acts relating to contract and commercial laws and replaces them in one consolidated Act.

Topics: All, Business , Contract
 

Cartel Amendments to Commerce Act Now in Force

Written by Darryl King, PARTNER; David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on August 16th, 2017.    

The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law.  The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.

 

Jackson Russell Deepens Business Law Expertise with Appointment of New Partner David Alizade

Written by Jackson Russell on August 8th, 2017.    

Jackson Russell has appointed David Alizade as a partner in its Business Law team. David brings extensive New Zealand and international experience to the team across various sectors such as technology, media, telecommunications, retail, manufacturing and life sciences.

Topics: All, Business
 

Financial Markets Conduct Act 2013, Employee Share Option Scheme Exclusion

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on July 25th, 2017.    

The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products.  Understanding the disclosure requirements is important for businesses offering investments and raising capital.
Topics: All, Business, FMCA
 

Financial Markets Conduct Act 2013: Wholesale Investor Exclusion under the Disclosure Regime

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on July 20th, 2017.    

The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products.  Understanding the disclosure requirements is important for businesses offering investments and raising capital.

Topics: All, Business, FMCA
 

Financial Markets Conduct Act 2013: Persons in Close Relationship Exclusion under the Disclosure Regime

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on July 20th, 2017.    

The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital.

Topics: All, Business, FMCA
 

Financial Markets Conduct Act 2013: Small Offers Exclusion under the Disclosure Regime

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on July 20th, 2017.    

The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products.  Understanding the disclosure requirements is important for businesses offering investments and raising capital.

Topics: All, Business, FMCA
 

Financial Markets Conduct Act 2013: Overview of Disclosure Regime and Exclusions

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on July 20th, 2017.    

The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products.  Understanding the disclosure requirements is important for businesses offering investments and raising capital.

Set out below is a short overview of the disclosure requirements and key exclusions to the disclosure requirements. 

Topics: All, Business, FMCA
 

Jackson Russell Welcomes New Partner David Compton

Written by Jackson Russell on June 7th, 2017.    

Jackson Russell is pleased to announce the appointment of David Compton as partner to the firm.  Dave has 17 years’ experience as a commercial lawyer, and has joined the firm as a commercial property specialist.

Topics: All, Property
 

New Foreign Trust Disclosure Rules Passed by New Zealand Parliament

Written by Israel Vaealiki, PARTNER; Richard Wilson, CONSULTANT on April 12th, 2017.    

The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill has been enacted by Parliament and amends the Income Tax Act 2007 and the Tax Administration Act 1994. The changes to these Acts create new registration and disclosure requirements for the New Zealand resident trustees of foreign trusts.

 

Entering Contracts in the Digital Age

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 27th, 2017.    

It is common practice now for contracts to be negotiated and entered electronically.  This trend will only increase with the move towards paperless environments so it is essential that parties understand the legal requirements for creating legally binding contracts electronically and correctly using digital signatures.

 

Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 16th, 2017.    

The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive.  The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear to be, blatant misleading conduct.    

 

Foreign Investments in New Zealand: An Overview of New Zealand's Overseas Investment Regime

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on November 14th, 2016.    

New Zealand generally welcomes foreign investment.  The regulation of foreign investment in New Zealand is liberal by international standards. 
New Zealand’s inbound investment rules regulate investments in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota.

This guide provides an overview of New Zealand’s overseas investment regime. 

 

Commerce Commission Publishes 2016 Consumer Issues Report

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on November 1st, 2016.    

The Commerce Commission has released its 2016 Consumer Issues Report.  The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.  

 

'Tis the Season - Tidying Your Affairs

Written by Mark Sullivan, PARTNER; Sarah Sussman, LAWYER on October 27th, 2016.    

The days are getting longer, the sun is shining brighter and Christmas is coming.  But despite the spring air, there’s something keeping you from enjoying things quite as much as you know you should be.  If you have something lurking in the corner of your mind, now is the time to resolve it so that you can enjoy the holiday season with a clear desk and clear mind.

 

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