The Law Report

Health and safety guide for directors (22 May 2013)

Wed, 22 May 2013 00:00:00 +1200

To promote a better workplace health and safety culture in New Zealand, the Ministry of Business, Innovation and Employment and the Institute of Directors have produced a set of good governance guidelines.

This fulfils a recommendation from the Pike River Royal Commission and from the Independent Taskforce on Workplace Health and Safety. The Government is aiming to deliver its response to the rest of the Taskforce’s recommendations by the end of July.

Source: Health and safety guide for directors (22 May 2013)

Penny Hulse: No chance of a city full of high-rise homes (21 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Half of suburban Auckland built up with three-storey apartments? Under the rules of the draft Unitary Plan it's about as likely as the sun setting in the east.

In around 2016, the Unitary Plan is set to replace Auckland's eight district plans as the single rule-book for what people can and can't build in our towns, suburbs and urban centres. Among other things, it will propose the rules for how high you can build in different parts of Auckland.

Source: Penny Hulse: No chance of a city full of high-rise homes (21 May 2013)

Andrew Geddis: We owe it to ourselves to be outraged (22 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Citizens must speak up to protect the constitution when the Government fails to do so, says Andrew Geddis.

Attorney-General Chris Finlayson's warning that new family care legislation is inconsistent with the Bill of Rights Act didn't stop the Government.

Given our constitution's unwritten and often opaque nature, it is easy to take it for granted. That makes it all the more important to take notice when one of the fundamental pillars of that arrangement starts getting chipped away at.

Source: Andrew Geddis: We owe it to ourselves to be outraged (22 May 2013)

Select committee fine tunes new cartel regime – and adds shipping (22 May 2013)

Wed, 22 May 2013 00:00:00 +1200

The changes the select committee is recommending to the Commerce (Cartels and Other Matters) Amendment Bill are mostly small and should make the new cartel regime more predictable.

The exception is the removal of international shipping’s exemption from the Commerce Act, which is strongly opposed by the international shipping industry.

Source: Select committee fine tunes new cartel regime – and adds shipping (22 May 2013)

Are the rules the rules? (17 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Care needs to be taken when looking at body corporate rules. The first step is working out what the rules are.

Just because a notice of change of rules for a body corporate has been registered against the title to a unit doesn't mean that those rules are still current. Don't be fooled as old rules may now be redundant.

Source: Are the rules the rules? (17 May 2013)

Take care when dealing with job applicants (14 May 2013)

Wed, 22 May 2013 00:00:00 +1200

A recent New Zealand human rights case shows how businesses risk unlawful discrimination claims from their job advertisements and dealings with job applicants.

There are a number of prohibited grounds of discrimination including (but not limited to) age, marital status, religious belief, colour, race, disability and sex, which are referred to in the Human Rights Act 1993. Unlawful discrimination can be direct or indirect. Indirect discrimination can occur where a requirement or condition is neutral on its face but has the effect of excluding a person or group of people on one of the prohibited grounds.

Source: Take care when dealing with job applicants (14 May 2013)

6 Things In-House Counsel Must Know About E-Discovery (15 May 2013)

Wed, 22 May 2013 00:00:00 +1200

As a former securities litigator, Gabriela Baron recalls the days of document production when she tagged paper documents with different color tape flags, labeled the boxes lining the hallways with sharpie marker, and met trucks in the building’s loading bay, to make sure all those documents and all those boxes got delivered to opposing counsel.

Source: 6 Things In-House Counsel Must Know About E-Discovery (15 May 2013)

3-D Printing: The Next Big Thing in IP Law? (17 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Back in February, President Barack Obama indicated in his State of the Union address that 3-D printing may be the next big thing in manufacturing. What he didn’t say is that 3-D printing may also be the next big thing in intellectual property disputes.

The new technology, which makes it possible to create an item by simply downloading a design file and printing it out as a plastic object, is likely to trigger conflicts surrounding copyrights, trademarks, and patents. And while a scenario in which the average person would be using a 3-D printer at home seemed until recently like far-off science fiction, lawyers now say it won’t be long before widespread use of the technology leads to litigation.

Source: 3-D Printing: The Next Big Thing in IP Law? (17 May 2013)

What's Not to 'Like' About Service Via Facebook? (22 May 2013)

Wed, 22 May 2013 00:00:00 +1200

About 15 years ago, you were greeted with, "You've got mail," when you turned on your computer. For better or worse, the use of electronic communication has expanded dramatically since the early days of AOL and this newfound reliance upon technology has certainly had a profound impact on the law. Now, in some jurisdictions, what was once a welcome greeting is dangerously approaching a different message: "You've been served."

Source: What's Not to 'Like' About Service Via Facebook? (22 May 2013)

Health and Safety Update: Good Governance Practices Guideline (21 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Yesterday, the Minister of Labour released the Good Governance Practices Guideline for Managing Health and Safety Risks, which provides guidance for company directors on the steps they can take to comply with their health and safety obligations and influence their organisation’s health and safety performance. This update summarises the content of the Guideline, which was prepared by the Ministry of Business, Innovation and Employment and the New Zealand Institute of Directors.

Source: Health and Safety Update: Good Governance Practices Guideline (21 May 2013)

Cloud Computing and Unexpected FCPA Jurisdiction (21 May 2013)

Wed, 22 May 2013 00:00:00 +1200

A recent opinion from the Southern District of New York interpreting the “means of interstate commerce” under the Foreign Corrupt Practices Act, has opened the door for the United States federal judiciary to exercise jurisdiction over virtually any Internet communication, even when the communication both originates and terminates outside the physical jurisdiction of the U.S.

Source: Cloud Computing and Unexpected FCPA Jurisdiction (21 May 2013)

Corporate Reporter (21 May 2013)

Tue, 21 May 2013 00:00:00 +1200

Welcome to Issue No. 20 of Corporate Reporter, Bell Gully's regular round-up of corporate and general commercial matters, designed to keep you informed on regulatory developments, legislation and cases of interest.

Items in this issue include:

Further amendments to the Consumer Law Reform Bill;
Additional changes proposed for the Financial Markets Conduct Bill;
Amendments to the Takeovers Code from 1 June;
New KiwiSaver periodic disclosure statements from October 2013;
Two recent Court of Appeal decisions;
Significant amendments to the Crown Minerals regime and an update on the EEZ Regulations;
Proposed Commerce Act changes; and
The latest media releases from the New Zealand Commerce Commission and the Australian Competition and Consumer Commission.

Source: Corporate Reporter (21 May 2013)

Independent Taskforce recommends urgent and sweeping changes of current workplace health and safety system (21 May 2013)

Tue, 21 May 2013 00:00:00 +1200

After a 10-month inquiry process, the Independent Taskforce on Workplace Health and Safety issued its findings last month. It recommends urgent and sweeping changes to the current system which it has described as "not fit for purpose".

The report identifies major and systemic weaknesses that contribute to New Zealand's poor workplace health and safety record under the current legislative framework. The Taskforce has made wide-ranging recommendations, which, if implemented, could result in a complete overhaul of the system. Two recommendations that are of particular interest to employers are the extension of criminal manslaughter to corporations and enabling judges to make adverse publicity orders against businesses that have breached health and safety laws.

Source: Independent Taskforce recommends urgent and sweeping changes of current workplace health and safety system (21 May 2013)

Commercial land-related lease payments: IRD proposes further tax changes (20 May 2013)

Mon, 20 May 2013 00:00:00 +1200

The Inland Revenue Department is proposing to change the tax treatment of certain payments made in respect of land-related lease assignments and other lease-related payments. This proposal intends to align the tax treatment of all land-related lease payments with other recent changes to the tax treatment of lease inducement and surrender payments.

Source: Commercial land-related lease payments: IRD proposes further tax changes (20 May 2013)

Need to Know: Passing Off (16 May 2013)

Mon, 20 May 2013 00:00:00 +1200

The law of passing off prevents traders from appropriating the goodwill of their competitors by passing off their business as either being that of or associated with the business of another.

To a certain extent the law of passing off has been replaced by the Fair Trading Act, and almost all passing off claims will rely on the Fair Trading Act in the alternative. Nevertheless, there can be practical advantages to bringing a claim under passing off, as discussed below.

Source: Need to Know: Passing Off (16 May 2013)