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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Responding to COVID-19: A Business Guide

Written by Darryl King PARTNER; David Alizade PARTNER; Claire Godber SENIOR ASSOCIATE; Glenn Finnigan PARTNER; Mark Sullivan PARTNER; Caroline Harris PARTNER; Kelly Seabourne PARTNER on March 24th, 2020.    

As COVID-19 spreads and the number of cases around the world climbs, businesses need to take definitive action now to address what is shaping up to be the most significant challenge for some time.
 

Fair Trading Amendment Bill - Enhanced protection for small businesses & consumers

Written by Darryl King, PARTNER; David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 18th, 2020.    

The Fair Trading Amendment Bill aims to provide more protection for small businesses and consumers against unfair commercial practices. It introduces a new prohibition against unconscionable conduct in trade, extends the unfair contract terms provisions to small trade contracts (currently they only apply to consumer contracts), and gives stronger consumer rights to get rid of ‘door knockers’.

 

Brexit finally happened....what happens now for New Zealand?

Written by David Alizade, PARTNER on February 18th, 2020.    

After a protracted political process, the UK formally left the EU on 31 January 2020. A transition period is now in place until 31 December 2020, where the current trade rules, tariffs and tariff rate quotas will remain in place for NZ businesses. The current NZ/UK trading relationship will continue as it currently stands, while the countries negotiate their future trading relationship and hopefully finalise a free trade agreement by the end of the transition period.

Topics: Business
 

Takeovers Code changes for widely held unlisted companies

Written by Darryl King, PARTNER; David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 18th, 2020.    

Following changes to the Takeovers Code in January 2020, the Code no longer applies to widely held unlisted companies unless they are at least "medium sized". As a result of the changes, most SMEs will not be subject to the Code – regardless of how many shareholders they have. Click the link for a summary of the new test and the implications for you and your company...
Topics: Business
 

Protect yourself in 2020 - don't abbreviate

Written by Darryl King, PARTNER; David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 18th, 2020.    

Moving into the “twenty-twenties” has provided scammers with a unique opportunity to forge documents and potentially defraud businesses. Click the link to read more...

Topics: Business, Contract
 

Legal update: Privacy Bill's slow progress

Written by David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 18th, 2020.    

The Privacy Bill is in the final stages of the legislative process, but we do not know yet when it will be in force.  Reform of the current Privacy Act 1993 is long overdue, and the changes proposed will affect all organisations doing business in NZ that collect, use or hold information on individuals in NZ.  The key changes are…

Topics: Business, Privacy
 

Navigating online reviews

Written by Darryl King PARTNER; Claire Godber SENIOR ASSOCIATE; Isabel Jenner SENIOR LAWYER on September 14th, 2019.    

Online reviews have become an increasingly useful way for consumers to do their due diligence on a product or service before they buy. However, businesses need to be careful in their handling of user reviews to avoid a possible breach of consumer protection legislation. Set out below is a summary of what the law says and some guidance on how businesses can take steps to avoid breaching it.
 

Waste Minimisation (Plastic Shopping Bags) Regulations now in force

Written by David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE; Gabby Beckett, LAWYER on July 11th, 2019.    

In December 2018, the Waste Minimisation (Plastic Shopping Bags) Regulations 2018 (Regulations) were approved and publicly announced. The Regulations came into force on 1 July 2019, meaning that businesses in New Zealand are now unable to distribute or sell single-use plastic shopping bags. Click through for more information on these regulations. 

Topics: Business
 

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, Business , Privacy
 

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
 

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.

 

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.
 

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
 

Cartels Laws – Do they apply to your business?

Written by Darryl King PARTNER; David Alizade PARTNER; Claire Godber SENIOR ASSOCIATE on May 10th, 2018.    

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