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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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.

 

Stop press! New domestic violence leave soon to come into force

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on February 20th, 2019.    

The Domestic Violence – Victims Protection Act 2018 was passed into law last year and comes into force on 1 April 2019. Businesses should be aware it has significant impacts in the employment sphere and there are numerous amendments to the Employment Relations Act and Holidays Act as a result of its passing.
Topics: Employment
 

The bare minimum: Minimum entitlements under the microscope

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on February 18th, 2019.    

The Labour Inspectorate has announced a renewed focus on breaches of minimum employment standards for employees. Towards the end of last year the Inspectorate announced that Antares Restaurant Group (operator of Burger King restaurants in New Zealand) had been placed on MBIE’s stand-down list of employers who have breached employment legislation and are not allowed to recruit migrant workers or support working VISA applications. The Burger King case should serve as a timely reminder for businesses to ensure they are complying with employment laws and are not knowingly or unknowingly breaching (or involved in breaching) an employee’s minimum entitlements.
Topics: Employment
 

Too casual: A costly reminder for employers

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on January 23rd, 2019.    

Failing to recognise the correct status of an employee can result in not providing them with their correct entitlements. This was an expensive mistake one employer came to discover recently.

Topics: Employment
 

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
 

Changes on the Horizon: Employment Relations Amendment Bill

Written by Glenn Finnigan, PARTNER; Jeremy Ansell, SENIOR LAWYER on September 28th, 2018.    

Businesses may be aware that change is in the air as the coalition Government’s Employment Relations Amendment Bill (“ERAB”) makes its way through Parliament. The Education and Workforce Select Committee have recently completed their analysis of the Bill and have recommended it be passed into law, with a few tweaks made. Here are ten key points you should be aware of.

 

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.

 
 

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