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Subscribe to the Articles RSS feedCommercial, Environment
2012 Consultation on proposed changes to Emissions Trading Scheme (16 May 2012) (NZ)
Simpson Grierson
The Government is currently consulting on changes to the New Zealand Emissions Trading Scheme. In this Q&A we answer some questions about the scope and implications of that consultation. The questions are: Why does New Zealand have an Emissions Trading Scheme (ETS)?...
Environment, Local Government, Resource Management
Heritage New Zealand: Looking to the Future (10 May 2012) (NZ)
Simpson Grierson
The Heritage New Zealand Pouhere Taonga Bill does a lot more than change the name of the New Zealand Historic Places Trust (HPT) to Heritage New Zealand Pouhere Taonga (HNZ). The name change may provoke some reaction from members of the Trust, but the dissolution of Branch Committees and...
Environment
Environmental prosecutions (15 May 2012) (NZ)
Kensington Swan
The fines imposed for environmental prosecutions are rising. However environmental prosecutions are not only financially costly but can be damaging to a companies reputation. How do you proactively manage your liability and minimise the likelihood of accidents that cause environmental damage?...
Employment
Improving workplace safety - walking the walk (16 May 2012) (NZ)
Kensington Swan
While almost all modern businesses understand the need to provide a safe working environment for staff and visitors, and many have embraced the notion of process safety, a lot of businesses are still frustrated by their inability to prevent accidents from occurring. Often this is due to...
Arbitration
Investor-state arbitration not deal breaker for TPP negotiations (11 May 2012) (NZ)
Chapman Tripp
Investor-state arbitration is a mechanism whereby foreign investors can directly enforce minimum international investment standards against host states through international arbitration proceedings. Australia, after signing numerous investor-state treaties, has now taken a strong stance...
Constitutional
Public Law Factsheet - Anonymous Donations (15 May 2012) (NZ)
Minter Ellison Rudd Watts
Recent political events have once again brought New Zealand’s electoral finance law to the fore. This time it’s the obligations of candidates in local, rather than central, government elections that are in the limelight. This Public Law Factsheet takes a brief look at the differences...
Commercial, Property
New counterfactual test for overseas investments in New Zealand (16 May 2012) (NZ)
Buddle Findlay
On 27 January 2012, China-based Shanghai Pengxin was granted consent under the Overseas Investment Act 2005 to acquire 16 dairy farms (the infamous - in New Zealand - Crafar Farms) comprising close to 8000ha of land. But on 15 February 2012, the High Court set aside the consent, requiring a...
Banking and Finance, Commercial
Consumer credit review - recommendations on repossession law (16 May 2012) (NZ)
Buddle Findlay
Further to our recent update relating to the exposure draft of the Bill (Draft Bill) amending the Credit Contracts and Consumer Finance Act 2003 (CCCFA), the Law Commission has now released its report on possible amendments to the Credit (Repossession) Act 1997 (CRA). As previously noted, the...
Charities
New Reporting Requirements for Registered Charities (15 May 2012) (NZ)
Brookfields
Registered Charities need to be aware of two important changes to the Charities Act 2005 (Act) which came into effect on 24 February 2012. These relate to their reporting obligations to the Charities Commission (Commission) (shortly to be reconstructed as a board within the Department of...
Environment, Resource Management
The implications of the National Environmental Standard on soil contamination (10 May 2012) (NZ)
Bell Gully
This paper was presented by Marija Batistich to the Environmental Law and Regulation Conference on 30 April 2012. New Zealand has an estimated 20,000 contaminated sites, with the major contaminating activities being from agriculture, the chemical industry, gasworks, the petroleum industry,...
Local Government, Resource Management
The Unitary Plan - it's on its way (15 May 2012) (NZ)
Bell Gully
Preparations for the mammoth task of drafting the Unitary Plan for Auckland are well underway. The Unitary Plan will be the key document for delivering the new strategic direction confirmed by the Council in the Auckland Plan. It will be the comprehensive resource management plan containing the...
Intellectual Property
From "cool to criminal": a warning for internet service providers (10 May 2012) (NZ)
Baldwins
In the early 2000s, few would have grasped the worldwide legal ramifications for offering file sharing software and services. Following Napster, file sharing technology was new and exciting, consumers were embracing the idea, and service providers saw golden business opportunities. One of the...
Local Government, Maori
Papa Aroha Land Occupation (14 May 2012) (NZ)
Brookfields
The District Court judgment in Thames-Coromandel District Council v Henare has been tested on appeal and offers guidance to any local authority confronted with an occupation of publicly owned land. Brookfields' Senior Associate Mark Frogley represented the Council in both the District Court case...
Environment, Local Government, Resource Management
The Carbon copy : resource management update (May 2012) (NZ)
Russell McVeagh
In this edition: Attempt to have climate change aired goes up in smoke - a recent Environment Court declaration has again confirmed that the responsibility of dealing with the effects of climate change falls on central government. Planning overkill? Yet another layer of...
Accident Compensation
ACC cover available for pregnancy resulting from botched sterilisations or rape (10 May 2012) (NZ)
Kensington Swan
Yesterday's landmark Supreme Court decision on the availability of ACC cover for unwanted pregnancies will have momentous implications in the health sector. The Court found that women who become pregnant as a result of either medical error resulting in a failed sterilisation procedure or rape...
Resource Management
Power to make rules controlling the clearance of indigenous vegetation (10 May 2012) (NZ)
Buddle Findlay
The clearance of indigenous vegetation is commonly controlled by district councils through district plans, pursuant to section 31(1)(b)(iii) of the Resource Management Act 1991 (RMA). District plans often contain rules and/or sub-zones which seek to protect significant natural areas from...
Commercial, Law Practitioners
Looking after your client relationships (9 May 2012) (NZ)
The Law Report
Are you clearly communicating the latest developments with your clients? Is your message lost in translation (or your clients’ recycling bin)? The Client Informer can help with this. When the founder and owner of The Law Report, Melissa Perkin, and I were discussing its value, we...
Employment
Employment Law Update May 2012 (9 May 2012) (NZ)
Henry Harkness
An employer is faced with an accusation against an employee alleging misconduct. In an investigation into the accusation, what are the obligations of the employer in relation to the accuser? It is well established that the employer must undertake an investigation to be satisfied that the...
Resource Management
RMA Update May 2012 (9 May 2012) (NZ)
Henry Harkness
The Resource Management Act requires Councils to review District Plans every 10 years. The Hamilton Draft District Plan Review is currently in full swing and for all Hamilton residents now is the time to be keeping a close eye on potential changes which may affect their properties. Many...
Commercial
Watching Brief: News on policy and politics (7 May 2012) (NZ)
Russell McVeagh
In this edition: MATTER OF OPINION Something rotten... : The language is arcane. “Cable”, “not sensitive” “cleared”. If you’ve ever received an email from someone at the Ministry of Foreign Affairs the words will have stood out from the banalities...
Property
Body Corporate Committees and Delegation (4 May 2012) (NZ)
Glaister Ennor
For a significant number of bodies corporate, particularly in larger residential and mixed-use developments, day-to-day matters associated with the management of the body corporate are dealt with by a committee. Under the Unit Titles Act 2010 (“Act”), committees have the potential...
Company
Court to directors - every minute matters (8 May 2012) (NZ)
Chapman Tripp
Australia’s highest court has affirmed the importance of maintaining accurate board minutes. Once signed off by directors, minutes will be treated as an accurate record of board decisions unless there is persuasive evidence to the contrary. This was the central issue in the High...
Contract, Tort
Damages in tort and contract claims - who pays first and how much? (9 May 2012) (NZ)
Chapman Tripp
Most of the commentary around Marlborough District Council v Altimarloch Joint Venture Limited judgment focussed on the duty of care owed by local authorities for some statements they make in Land Information Memoranda. But the decision also highlights the risks of making statements...
Fair Trading, Intellectual Property, Technology
Legal update on information and communication technology - May 2012 (8 May 2012) (NZ)
Buddle Findlay
In this issue: Federal Court of Australia finds Google guilty of misleading conduct; G-Cloud on the horizon; MED service outage – report issued; Online defamation a talking point at both ends of the world; Signs say keep off the astroturf; and...
Competition
Competing concerns - private litigant access to leniency materials (8 May 2012)(First published in NZ Lawyer, 4 May 2012) (NZ)
Bell Gully
The Commerce Commission's leniency and co-operation policies, which offer immunity or reduced penalties to parties that admit breaches of the Commerce Act 1986 and assist the Commission, are critically important weapons in its armoury. More than any other strategy, these policies have lead to the...
Commercial, Environment
Crown Minerals Act Review - A Step Forward (7 May 2012) (NZ)
Bell Gully
Bell Gully has made its submission on the proposed reforms to the Crown Minerals Act. The proposed reforms are an important opportunity to review the Act and broader regime for the allocation and management of Crown-owned minerals and are significant for the continuing development of New...
Banking and Finance, Company, Criminal
The Lombard verdict: important lessons for directors (7 May 2012) (First published in NZ Lawyer, 4 May 2012) (NZ)
Bell Gully
The spectacular collapse of dozens of finance companies continues to play out in the courtroom, this time in the form of criminal prosecutions of directors for allegedly defective disclosures in prospectuses, investment statements and advertisements (offer documents). As has been widely...
Intellectual Property
The accidental brand (8 May 2012) (NZ)
A J Park
Accidental discoveries often lead to amazing inventions – Teflon, saccharin, penicillin and the Cardiac pacemaker all came about as the result of happy accidents. But accidental creations are not limited to inventions. There are scores of examples of throwaway comments and innocent...
Employment
Employment Law Update (7 May 2012) (NZ)
Simpson Grierson
This FYI provides an update on recent topical decisions from the Employment Relations Authority and Employment Court. In this issue: Tell me how it ends! The Employment Court recently issued a decision on fixed term contracts. Successful claim for damages against former KFC Manager: The...
Company, Human Rights
Gender Diversity (4 May 2012) (NZ)
Martelli McKegg
Once again gender diversity in New Zealand business is making the news as the NZX proposes to require issuers to disclose the gender composition of their Boards and senior management teams as part of their annual reporting. The NZX believes that gender diversity is directly correlated to...
Company
The wisdom of mass destruction (5 May 2012)(First appeared in the May issue of Boardroom Magazine) (NZ)
Chapman Tripp
Many companies require directors to leave their board papers behind for destruction after the meeting, so that the only record which remains is the company’s copy of the original papers and the board minutes. The arguments for a destruction policy are finely balanced. Yes, it can...
Commercial, Resource Management
Environment Court decision victory for coal (3 May 2012) (NZ)
Chapman Tripp
Coal mining companies can proceed on a much firmer basis now that the Environment Court has declared that climate change impacts from burning coal are outside the ambit of the Resource Management Act (RMA) consenting process. Buller Coal Limited (a subsidiary of Bathurst Resources) and Solid...
Intellectual Property, Law Practitioners
AJ Park introduces its new brand (4 May 2012) (NZ)
A J Park
New branding emphasises strong client relationships and celebrating intellectual property success. AJ Park has refreshed its branding to better reflect its services to clients, its people and the global intellectual property community. The new branding includes a new logo, brand colour,...
Taxation
NZ, Canada sign new double tax agreement (3 May 2012) (NZ)
Beehive.govt.nz
New Zealand and Canada this morning signed a new double tax agreement (DTA) to replace their 1980 treaty. The updated agreement was signed at Parliament by Canada’s Minister of International Trade, Ed Fast, and Revenue Minister Peter Dunne. Mr Dunne said the agreement will help New...
Banking and Finance
FMA releases revised effective Disclosure Draft Guidance Note for feedback (2 May 2012) (NZ)
Buddle Findlay
On 5 April 2012 the Financial Markets Authority (FMA) released a revised draft of its Effective Disclosure Guidance Note for further and final feedback. The FMA also released a summary of its responses to submissions in a response document. Both documents can be found here. After receiving...
Property
Landlocked Land – sections 326 and 327 of the Property Law Act 2007 – what amounts to reasonable access? (April 2012) (NZ)
Minter Ellison Rudd Watts
A piece of land can be landlocked even though its owners have rights of physical vehicular and pedestrian access to it. We recently had to consider whether a land owner (Owner) who had legal rights of access for limited purposes via a registered right of way easement could successfully apply...
Health, Intellectual Property
New Zealand to introduce plain cigarette packaging despite problems in Australia (1 May 2012) (NZ)
Baldwins
Australia took a world first step last year in passing legislation mandating plain packaging of tobacco products. Now, while the Australian Government goes in to battle with tobacco companies over the legality of its actions, New Zealand makes its first move in the same direction. The...
Commercial, Property
The Crafar farms sale: Are there new hurdles for overseas investors in "sensitive land"? (1 May 2012) (NZ)
Bell Gully
Last week, Ministers accepted (for a second time) a recommendation by the Overseas Investment Office (OIO) to grant an overseas applicant consent to acquire the Crafar farms. This followed wide-ranging criticism of the OIO and the Ministers responsible for approving the application in January,...
Banking and Finance, Commercial, Company, Competition
Corporate Reporter - Issue 14 (1 May 2012) (NZ)
Bell Gully
Items in this issue include: New FMA guidance proposed for effective disclosure in offer documents; The failed finance company cases: key lessons for directors; Securities Act and Financial Reporting Act exemption notices up for review; NZX consults on...
Banking and Finance, Commercial
Consumers and Repossession: A review of the Credit (Repossession) Act 1997 (April 2012) (NZ)
Law Commission
The Ministry of Consumer Affairs has been conducting an in-depth review of the law relating to when and how credit is granted and enforced, and what appropriate legal conditions should be in place in that respect. One particular subset which has given rise to some difficulties in recent...
Intellectual Property
Raising the bar in Australia: Patent reform bill passes into law (April 2012) (NZ)
Henry Hughes
On 20 March 2012, the Australian House of Representatives passed the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 and the was Bill passed into law as the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (‘the Act’) with the Governor General’s...
Defamation, Technology
Protecting your Online Reputation – Walking the Social Media Tightrope (30 April 2012) (NZ)
Simpson Grierson
Twitter reportedly has more than 140 million active users. Facebook users post over 60 million status updates a day. Obviously, social media offers unprecedented opportunities to connect with customers, enhance reputation and build brand. On the flipside, if inadequately managed, social media use...
Company
NZX proposes gender diversity disclosure (30 April 2012) (NZ)
Chapman Tripp
Issuers may have to disclose the gender composition of their Boards and senior management teams under a change NZX is proposing to its Main Board Listing Rules. Submissions close on 30 May 2012. The proposal would require an issuer to include in its annual report:...
Banking and Finance, Company
Restructuring and Insolvency Update (30 April 2012) (NZ)
Bell Gully
Bell Gully's newsletter concerning insolvency and restructuring, including legislative changes and cases of interest. In this issue: - Discussion of three recent decisions concerning: apportionment of receivers' remuneration. priority of mortgages over relationship...
Intellectual Property
From royalties to riches? (18 April 2012) (NZ)
James & Wells
Business licensing technology be warned; there’s no easy formula when it comes to royalties. What royalty should we expect for our technology? That's the million dollar question for businesses looking to license out their technology. In other words, how are they going to get rich? It is...
Environment, Resource Management
Role of Councils on a Direct Referral (27 April 2012) (NZ)
Brookfields
Under section 87D of the Resource Management Act 1991 (RMA), an applicant can ask a Council to allow the Environment Court to determine its application for resource consent, instead of the consent authority. This is known as a direct referral. Section 87D is an addition from the 2009 amendments...
Employment, Privacy
Facebook - fair game for prospective employers? (27 April 2012) (NZ)
Bell Gully
Social networking sites such as Facebook, Twitter, MySpace, LinkedIn and Bebo have seen massive growth in recent times, with an increasing number of people interacting online. This new age of social media brings both opportunities and challenges. Social networking sites contain a plethora of...
Banking and Finance, Commercial
The Update on Credit Contracts and Consumer Finance Amendments (27 April 2012) (NZ)
Buddle Findlay
Ministry of Consumer Affairs has recently released an exposure draft of a Bill amending the Credit Contracts and Consumer Finance Act 2003 (CCCFA). Submissions on the draft are due on 11 May 2012. While the changes have been highlighted as targeting "loan sharks", they apply more widely...
Intellectual Property
Intellectual property: a right or privilege? (27 April 2012) (NZ)
A J Park
The legal stoush between tobacco companies and the Australian government over plain packaging of cigarettes is being closely watched by the New Zealand IP community. Associate Health Minister Tariana Turia has indicated our government will attempt to pass similar laws here if Australia is...
Privacy
Privacy Act to be repealed and replaced (24 April 2012) (NZ)
Kensington Swan
The Government has issued a response to the Law Commission’s review of the Privacy Act, agreeing that it is out of date and should be replaced. The Act is 20 years old. Concerns have been raised regarding its fitness for purpose in the face of shifts in technology, public expectations...