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.

Email me when new articles are published

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.
 

The EU General Data Protection Regulation: Why it May Affect You, and What You Need to Do

Written by David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on November 21st, 2017.    

On 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force.

The GDPR will change 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. In this article, we discuss whether the new regulation could apply to your organisation, and what you need to do to ensure that you comply with a rapidly evolving global data protection landscape.

Topics: All, Business, Privacy
 

Commerce Commission Publishes 2016 / 2017 Consumer Issues Report 

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

The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand. 

 

Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do

Written by Darryl King, PARTNER; David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on September 4th, 2017.    

In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.

This article discusses whether your franchise system is affected, summarises the “cartel” changes and discusses what franchisors need to do.

 

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
 

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.

 
Open for business but working remotely

While our offices are closed for the time being, we are fully open for business. We have robust systems and are able to work anywhere. You can get in touch with your usual Jackson Russell contact in the usual ways. Office phones have been redirected to mobile numbers. We are using video conferencing and other technologies such as Zoom to ensure that the level and quality of support you receive will remain unchanged.

 

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