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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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.
 

Press release: Jackson Russell Welcomes New Partner Israel Vaealiki to the Firm

Written by Jackson Russell on October 27th, 2016.    

Jackson Russell is pleased to announce the appointment of a new partner within its Property and Personal Client team.  Israel Vaealiki has joined the firm to lead its trusts and estates team. 
Topics: All, Property
 

Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE 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.
 

Franchisor Update - Cartels Bill

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.  
 

Privacy and Cyber Security in New Zealand

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE 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.

 

Mistakes in Contracts: How “Final” is a “Full and Final” Settlement Agreement If You Reach Agreement By Mistake

Written by Caroline Harris, PARTNER; Michele Greenwood, LAWYER 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.  
 

Construction Update: Construction Contract Act Amendments Imminent

Written by Mark Sullivan, PARTNER on August 4th, 2016.    

The Construction Contracts Amendment Act came into force on 1 December 2015.  The first round of amendments are already in force and largely do away with the distinction between residential and commercial construction.  ​The next round of changes are due to come into force on 1 September 2016.  
 

Validating an Invalid Will

Written by Caroline Harris, PARTNER; Sarah Sussman, LAWYER on July 28th, 2016.    

Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.  

The 
Wills Act 2007 introduced important changes that allow a Court, in certain situations, to validate documents that appear to be a will or that record the testamentary intentions of the deceased.
 

Paying the Price for Decision over Workplace Tantrum

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.  
 

Commercial Landlords - Recovery of Rent Arrears

Written by Darryl King, PARTNER; Kelly Seabourne, PARTNER; Claire Godber, SENIOR ASSOCIATE 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.
 

Employment Update: Amendments to the Employment Relations Act

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.
 

Commerce Commission takes tougher stance than expected in Telco review

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on May 2nd, 2016.    

In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.  
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector.  The full report, available here, contains the first industry review by the Commerce Commission.

 

Health and Safety Update: New Regulations Bolster General Duties

Written by Glenn Finnigan, PARTNER on April 14th, 2016.    

Over the past 18 months, we have followed the development of a new health and safety regime for New Zealand.  The core duties under that new regime are contained in the Health and Safety at Work Act 2015.  While the Act deals in broad duties, detailed requirements for certain key areas and industries are set out in the newly released regulations.  
 
 

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