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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Privacy Bill Update: Select Committee Report is out

Written by David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE 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, Businessss, Privacy
 

Relationship property and the changes ahead

Written by Israel Vaealiki, PARTNER; Lana Dixon, LAWYER; Soo Jin Lee, LAWYER on February 25th, 2019.    

The Property (Relationships) Act 1976 provides rules on the division of property when a relationship ends on separation. The Law Commission has recently reviewed this Act, making a number of key proposals in an Issues Paper published in November 2018. The Commission is currently reviewing submissions from the public on its key proposals with a view to making its recommendations to Government in 2019.

 

Stop press! New domestic violence leave soon to come into force

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on February 20th, 2019.    

The Domestic Violence – Victims Protection Act 2018 was passed into law last year and comes into force on 1 April 2019. Businesses should be aware it has significant impacts in the employment sphere and there are numerous amendments to the Employment Relations Act and Holidays Act as a result of its passing.
Topics: Employment
 

The bare minimum: Minimum entitlements under the microscope

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on February 18th, 2019.    

The Labour Inspectorate has announced a renewed focus on breaches of minimum employment standards for employees. Towards the end of last year the Inspectorate announced that Antares Restaurant Group (operator of Burger King restaurants in New Zealand) had been placed on MBIE’s stand-down list of employers who have breached employment legislation and are not allowed to recruit migrant workers or support working VISA applications. The Burger King case should serve as a timely reminder for businesses to ensure they are complying with employment laws and are not knowingly or unknowingly breaching (or involved in breaching) an employee’s minimum entitlements.
Topics: Employment
 

Too casual: A costly reminder for employers

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on January 23rd, 2019.    

Failing to recognise the correct status of an employee can result in not providing them with their correct entitlements. This was an expensive mistake one employer came to discover recently.

Topics: Employment
 

Alert: Unfair contract terms protection coming to businesses?

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE 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; Claire Godber SENIOR ASSOCIATE on October 25th, 2018.    

Overseas investment act & overseas investment regulations
 

Changes on the Horizon: Employment Relations Amendment Bill

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on September 28th, 2018.    

Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.

 

10 Things to Think About: Consumer Law

Written by David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE; Isabel Jenner, SENIOR LAWYER 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.

 

Recent Promotions Within Jackson Russell

Written by Jackson Russell on August 29th, 2018.    

Jackson Russell have announced three promotions within the firm
 

Do you need OIO consent to buy a home?

Written by David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE 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; Jeremy Ansell, SENIOR LAWYER 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; Yezdi Karbhari, LAWYER 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; Claire Godber, SENIOR ASSOCIATE 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
 

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