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Written by Darryl King, PARTNER 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.
Written by Darryl King, PARTNER 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.
Written by Darryl King, PARTNER 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.
Written by Darryl King, PARTNER 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.
Written by Darryl King, PARTNER 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.
Written by Darryl King, PARTNER 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.
Written by Darryl King, PARTNER 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.
Written by Mark Sullivan, PARTNER 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.
Written by Darryl King, PARTNER on September 21st, 2016.
Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector. The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Written by Darryl King, PARTNER on August 30th, 2016.
Hon. Paul Goldsmith, Minister for Commerce and Consumer Affairs has confirmed that the Cartels Bill will be amended to clarify how the restraint of trade provisions apply to franchise agreements.
Written by Darryl King, PARTNER on August 23rd, 2016.
Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016. This article looks at the latest public research and what this means for you.
Written by Caroline Harris, PARTNER on August 5th, 2016.
In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement.
Written by Glenn Finnigan, PARTNER on July 12th, 2016.
Until the robots take over, an essential feature of workplaces will be human interaction. When combined with the pressures of modern employment, the broad range of personality types can often lead to conflict which an employer will need to step in and resolve. However, a recent Authority decision is a handy reminder that the employer must act fairly in any steps it takes – as well as being realistic about the level of bad behaviour that will justify termination.
Written by Darryl King, PARTNER; Kelly Seabourne, PARTNER on June 6th, 2016.
What can I do if my tenants stop paying rent? From time to time a landlord will experience delays with a tenant's rental and outgoings payments, which is bad for business. A landlord’s most effective tool is the threat of eviction, and where a tenant has ongoing liquidity problems the best thing may be to replace them with a new tenant.
Written by Glenn Finnigan, PARTNER on May 2nd, 2016.
The Employment Relations Amendment Act 2016 (the Act) came into force on 1 April 2016, but many employers may have missed its important changes while coming to grips with the implications of the new health and safety regime. We summarise the changes below, along with our comments about some potential unexpected consequences they might have.
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