Legal Publications - Duncan Cotterill

Publications

We produce a range of articles, legal publications and resources on a wide range of legal subjects and hot topics critical to our clients needs. These include briefings on key legal issues, newsletters on practice areas and industry developments via the below headings.

Breaking the chains: Anticipated changes to employee restraints of trade

In September 2022, the Employment Relations (Restraint of Trade) Amendment Bill (Bill) was introduced to Parliament by a private member (Labour Party). If passed, it would introduce radical changes to existing New Zealand case law. Compared to approaches taken overseas, however, the proposed More »

New severe weather law passed to deal with cyclone effects

The Government has passed new legislation under urgency to make legal changes as a result of the recent severe weather events. The Severe Weather Emergency Legislation Act (the Act) eases some compliance requirements for businesses and people affected by the events and streamline the response to More »

Obtaining Residence in New Zealand – Proposed changes to the Skilled Migrant Category

Following its suspension in April 2020, the Skilled Migrant Category (SMC) reopened in November 2022, a decision that was welcomed by hundreds of migrants who have temporary work visas and have been ineligible for residence by any other means. What is the SMC? It is a points-based system where More »

FAQs for Employers during natural disasters

Recent weather has devastated many communities New Zealand. Having only recently addressed issues arising from COVID-19 lockdowns, dealing with flood and storm damage is yet another hurdle for businesses to overcome. We learnt many things during the various lockdowns, many of which are applicable More »

Is your child’s privacy protected when using apps online?

When companies develop apps that are targeted at children, you want to know that your children’s well-being and privacy at the centre of their activities. As a parent, you want to be absolutely sure that privacy protection is considered, especially if the app your child is using collects More »

Residents' Associations fall under new Act—the changes explained

Those who are members of Residents’ Associations may be aware of the new Incorporated Societies Act 2022 which will have a big impact on the way they operate. Do your incorporated society rules comply with the new Incorporated Societies Act 2022? If you answered “no” or “not More »

Are you getting the best out of your employees?

Whether you’re an employer of 500 staff or run a team of five, the beginning of this year has been challenging for most, however we’re all still striving keep our businesses running as well as possible. Employers regularly approach us with questions about how to tackle non-performing More »

All you need is love… and a pre-nup?

With the Law Commission’s recent reviews of both the Property (Relationships) Act 1976 and succession law, Contracting Out Agreements (also known as pre-nuptial agreements) are a hot topic. While the Law Commission has recommended significant changes to relationship property and succession More »

Changes to relationship property law wide-ranging but are still years away

The Government has responded to the Law Commission’s proposed changes for both relationship property and succession law, saying its work to update the laws will take years. Under the Law Commission’s relationship property recommended changes, it has called for a replacement to the More »

FAQs for Visa Assistance following Cyclone Gabrielle

The Government has announced several measures to help migrants and employers managing the aftermath of Cyclone Gabrielle and other extreme weather events. These include: A targeted and urgent Recovery Visa to enable workers to enter the country to help with the clean-up. The ability for migrants to More »

Climate Change to be a heightened focus of the Building Act 2004

Severe weather events in Summer 2022/2023 have brought climate change and its interaction with the built environment to the front of mind for many. To support the Government’s goal of net zero carbon by 2050, the Government proposed late last year to amend the Building Act 2004 to reduce More »

Get ready: Minimum wage to increase to $22.70 per hour on 1 April 2023

Employers, particularly small businesses are about to face a new financial challenge as the adult minimum wage rises by the rate of inflation from 1 April 2023. This will be an increase of $1.50 per hour from the currently hourly rate of $21.20. The Starting-Out and Training minimum wage rates will More »

Changes to Partner Work Rights

For many years, partners of work visa holders have been able to apply for unrestricted (open) work visas based on their relationship to Essential Skills Work Visa holders and, more recently, Accredited Employer Work Visa (AEWV) work visas. This is about to change. Where did this change come from? More »

AI on IP: should artificial intelligence own IP rights?

The question of whether AI should be able to own intellectual property (IP) rights is a complex and controversial one that has yet to be fully resolved by the legal system. Currently, the prevailing view is that IP rights such as patents, trademarks, and copyrights are only granted to natural More »

Schools' obligations in dealing with bullying complaints

If a bullying complaint is received, what are a school’s obligations? From the outset, schools should have documented policies and processes that emphasise their commitment to preventing bullying, detailing the expectations of employees at work, how concerns should be raised and how More »

Bullying is a serious problem in New Zealand, particularly in our schools

A 2021 report published by the Ministry of Education found that compared to other countries, New Zealand had a far higher proportion of students reporting being frequently bullied. 36% of Year 5 students, and 38% of Year 9 students, reported that they were being bullied on a monthly basis. [1] So, More »

Cyclone Gabrielle recovery: practical tips for commercial and residential construction

On this page you can find information for businesses in the construction sector about what to do following the recent extreme weather events. As the fallout of Cyclone Gabrielle continues to impact much of the North Island, many homeowners and building professionals are continuing to deal with More »

Storms, floods and construction

The devastation caused by Cyclone Gabrielle and other recent extreme weather events has caused widespread damage and distress. One of the many sectors significantly impacted is the construction sector with flooded and damaged sites, equipment and materials, access issues and significant workforce More »

Commercial Construction Contracts in the aftermath of the recent severe weather and flooding

The vast flooding and devastation caused by Cyclone Gabrielle across Hawkes Bay and Gisborne continues to significantly impact people, homes and businesses across New Zealand including damage to key infrastructure and disruption to construction projects. It is important to understand the More »

Residential properties: understanding your contractual obligations after a severe weather event

As the fallout of Cyclone Gabrielle continues to impact much of the North Island, many homeowners and building professionals are continuing to deal with flood and other damage to homes, businesses, and construction sites. Assessing the site and any damage Residential builds If you haven’t More »

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