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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Legal Update: Fair Trading Amendment Bill

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

The Fair Trading Amendment Bill (Bill) was introduced in December 2019 and aims to amend the Fair Trading Act 1986 (Act) to provide more protection for small businesses and consumers against unfair commercial practices. Click the link to find out more about the changes...

 

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. Under the October 2019 withdrawal agreement with the EU, a transition period is now in place until 31 December 2020. The UK government has ruled out extending that period. Click the link to read more about what this may mean for New Zealand businesses...

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 (Bill) was introduced to Parliament in March 2018. The Bill is intended to update and modernise the current Privacy Act 1993 (Act) and will affect all organisations doing business in NZ that collect, use or hold information on individuals in NZ. While the Bill repeals and replaces the Act, it retains the key privacy principles of the Act. Click the link to read more...

Topics: Business, Privacy
 

Legal update: Government foreshadows changes to contractors' rights

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on February 17th, 2020.    

Employment law is routinely used as a political football for politicians.  The recent changes to trial periods (now only permitted for employers with 19 or less employees) is an example of how a change in Government can lead to important law reform in the employment space. Click the link to read more on this...

Topics: Employment
 

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.
 

Trusts Act 2019: It's here! What you need to do for you and your trusts

Written by Israel Vaealiki, PARTNER; Lana Dixon, LAWYER; Soo Jin Lee, LAWYER on August 12th, 2019.    

The Trusts Act 2019 (Act) received Royal Assent on 30 July 2019. The Act will come into force from 30 January 2021 and is the most extensive revision and modernisation of New Zealand’s law relating to trusts and trust administration in over 60 years. The Act will replace the Trustee Act 1956 and the Perpetuities Act 1964. If you have a family trust or are a trustee of a family trust, you should be aware of these key changes to the law and seek legal advice where appropriate. 

Topics: Trusts
 

When is "full and final" actually final?

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on August 12th, 2019.    

Until recently, the finality of section 149 settlement agreements has been left largely untouched by the Employment Relations Authority, and Courts have been reluctant to set aside settlement agreements unless one of the parties was considered to lack the legal capacity to enter into an agreement.

The recent case of Bagley v Deloitte Limited [2019] has broadened the circumstances in which the validity of these agreements can be challenged. It sets a potentially concerning precedent that employers should be wary of.
Topics: Employment
 

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
 

Place of origin legislation now in force

Written by David Alizade, PARTNER; Isabel Jenner, SENIOR LAWYER; Claire Godber, SENIOR ASSOCIATE on April 23rd, 2019.    

On 4 December 2018 the Consumers’ Right to Know (Country of Origin of Food) Act 2018 came into force. The purpose of the Act is to provide a simple mandatory system in New Zealand that provides consumers with accurate information about the country or place of origin of certain foods so they can make informed decisions about purchasing food.

 

News update: A new Trusts Act

Written by Israel Vaealiki, PARTNER; Lana Dixon, LAWYER; Soo Jin Lee, LAWYER on April 16th, 2019.    

New Zealand’s law relating to trusts and trust administration is undergoing its most extensive revision and modernisation in over 60 years. On 1 August 2017, Justice Minister Amy Adams introduced the Trusts Bill (Bill) into Parliament. The Bill is now heading towards its second reading. We expect that the Bill will pass into law – most likely during this year.
Topics: Trusts
 

Cartel Update: Criminal offence from April 2021

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on April 12th, 2019.    

The Commerce (Criminalisation of Cartels) Amendment Bill received royal assent on 8 April 2019 and will come into effect on 8 April 2021.  This means in two years’ time, a breach of the cartel laws could result in jail time as well as substantial fines. 

 

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
 

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.

 
 

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