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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Privacy Bill Update: Select Committee Report is out

Written by David Alizade, PARTNER on March 15th, 2019.    

On 13 March 2019 the Justice Select Committee released its report on the proposed Privacy Bill which will repeal and replace the Privacy Act 1993.  The Privacy Commissioner previously lobbied for a number of changes to the Bill but unfortunately the Committee did not give him everything on his wish list.  Below is a summary of the key changes the Select Committee has proposed to the Bill and the changes that did not make the cut.
Topics: All, Business , Privacy

Alert: Unfair contract terms protection coming to businesses?

Written by Darryl King, PARTNER on December 10th, 2018.    

The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices. 

Guide to Foreign Investment in New Zealand

Written by Darryl King PARTNER; David Alizade PARTNER on October 25th, 2018.    

A summary of the Overseas Investment Act and overseas investment regulations.

10 Things to Think About: Consumer Law

Written by David Alizade, PARTNER on August 31st, 2018.    

Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”.  In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.

Do you need OIO consent to buy a home?

Written by David Alizade, PARTNER on August 17th, 2018.    

The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018.  This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act).


A Changing Climate - Don't Get Caught Out In The Cold

Written by Glenn Finnigan, PARTNER on August 13th, 2018.    

Allegations surfaced last year concerning the sexual misconduct of Hollywood players such as Harvey Weinstein and Kevin Spacey, which brought forth the #metoo movement. Suddenly bullying, harassment, and unwanted sexual behaviour has been in the spotlight like never before, even if its existence was never justified.

Beware The Risks Of Interpreting Contracts

Written by Mark Sullivan, PARTNER on July 16th, 2018.    

Do you know the principles the Courts apply when interpreting contracts?  These principles were recently considered by the Court of Appeal in GTV Holdings Ltd v Harris [2018] NZCA 95, a case involving the sale of a business.  The same principles apply to other contracts but are often misunderstood and lead to conflict.

AML: New Client Information Requirements for Law Firms

Written by Kelly Seabourne, PARTNER on June 6th, 2018.    

As from 1 July 2018 all law firms will be required to collect and verify information from prospective and existing clients about a range of matters, in order to comply with their legislative obligations to help combat money laundering and terrorist financing.

Does the GDPR apply to your NZ business?

Written by David Alizade, PARTNER on May 25th, 2018.    

The European Union’s General Data Protection Regulation (GDPR) came into force on 25 May 2018.  The GDPR changes the EU’s legislative framework around how organisations collect, store and manage personal data and, as a New Zealand organisation, you may be affected by the GDPR.  This flow chart gives a quick summary on whether the GDPR applies to your business.
Topics: All, Business , Privacy

Cartels Laws – Do they apply to your business?

Written by Darryl King PARTNER; David Alizade PARTNER on May 10th, 2018.    

This article gives an overview of how cartel laws may apply to your business.

Cartels Basics Breakfast Seminar - 9 May 2018

Written by Darryl King PARTNER on April 26th, 2018.    

What all businesses need to know to comply.

Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected

Written by Darryl King, PARTNER on March 22nd, 2018.    

Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.

It's Out - Employment Relations Amendment Bill

Written by Glenn Finnigan, PARTNER on January 26th, 2018.    

The Government has release its plans for reform of the employment laws. A summary of the areas where changes will be happening are attached.

Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017

Written by Darryl King, PARTNER on November 23rd, 2017.    

Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017.  The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes.  Darryl King wrote a paper to accompany the workshop.  Franchisors are welcome to download a copy of the paper by clicking the download button above. 

Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)

Written by Darryl King, PARTNER on November 23rd, 2017.    

The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the Commission's website in the future.

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