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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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.
 

Cartels Basics Breakfast Seminar - 9 May 2018

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

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. 

 
 

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