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.

Government introduces legislation to encourage businesses to pay promptly

Cashflow is crucial to the financial health of every business. Where there are unexpected delays in obtaining payment for good or services already provided, businesses can suffer and, possibly, fail. The Government has introduced new legislation, the Business Payment Practices Bill, which aims to More »

Climate-related reporting in New Zealand – what is it all about?

New Zealand has committed itself to achieving net zero carbon emissions by 2050. To help achieve this goal, Parliament passed the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 ( Act ), which imposes mandatory climate-related disclosures and reporting for More »

The role of the developer in off-the-plans house sales and the overlooked protection condition

New build exemptions and benefits have supported the residential development market for the last few years. Even with the current economic climate—increasing construction costs and delays due to supply chain and workforce issues—buying off the plans is still a favourable option for More »

Unit Titles Act Amendments - strengthening governance

The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act ( Amendment Act ) received royal assent on 9 May 2022, though the changes to the Unit Titles Act 2010 will be implemented over the following two years and will be in force by 9 May 2024. As the name suggests, More »

Directors' duties - what influences should a director consider?

The aim of a director is, for the most part, to maximise the financial position of a company for the benefit of its shareholders. However, the Companies Act 1993 sets out a number of duties that directors must also adhere to. These directors’ duties are an important aspect of company law. More »

Incorporated Societies Act 2022 Changes - Information Hub

On this page you can find information and resources regarding the changes to the Incorporated Societies Act 2022. Our experts Partner Scott Moran and Senior Associate Louisa Joblin have provided some key information and steps needed to action the changes that all Incorporated Societies in New More »

Are workplace health and safety investigators and auditors “private investigators”?

The recent decision of the New Zealand Private Security Personnel Licensing Authority (the Authority ) in [2022] NZPSPLA 030 will be of interest to all health and safety professionals who carry out investigations or audits, as well as organisations who employ those individuals. Background In 2020 More »

Webinar: Construction risk - how you can gain control

This tumultuous time in the construction sector means it is even more pertinent to manage risks. In this 1 hour and 6 minute webinar, Duncan Cotterill construction Partners Julia Flattery and Tanya Wood co-present with BDO Advisory Partners James MacQueen and Nick Innes-Jones and cover how to set More »

Fair Pay Agreements Act 2022 - the biggest change to employment law in 20 years

The Fair Pay Agreements Act 2022 ( FPA Act ) has been passed, and will come into effect quickly, on 1 December 2022. The new Act is the biggest change to employment law since the Employment Relations Act 2000. What is a fair pay agreement? A fair pay agreement is an agreement that applies to all More »

Uber drivers - the latest decision in the contractor or employee debate

The Employment Court has ruled that four Uber drivers, who worked in both the ride sharing and the meal delivery services, were employees rather than independent contractors ( E Tū Incorporated & another v Rasier Operations BV & others [2022] NZEmpC 192). This will have significant More »

Sentencing reimagined - giving effect to the purpose of the Health and Safety at Work Act

This article, as authored by Partner Olivia Lund and Associate Sean Brennan , was prepared for the September/October 2022 edition of Safeguard magazine. Safeguard is New Zealand's magazine for information, innovation and inspiration about workplace health, safety and wellbeing. Click here to More »

Govt’s proposed Income Insurance Scheme - yet another business cost or a sensible solution?

The Government’s proposed New Zealand Income Insurance Scheme (IIS) has been thrust into the media spotlight, and if the scheme proceeds in its current form there will be significant impacts on the employment law landscape. The idea: Ministers say the proposed IIS fills a gaping hole in New More »

Court of Appeal issues reminder about importance of following the payment claim process

The Court of Appeal has recently overturned a decision of the High Court, issuing a reminder that if a valid payment claim is issued under the Construction Contracts Act 2002 (CCA) it must be challenged under the CCA with a payment schedule if payment is to be avoided ( Demasol Ltd v South Pacific More »

No such thing as a free launch

The recent New Zealand Aerospace Summit left me feeling like the NZ aerospace sector has reached a watershed moment. It is clear that NZ is home to a group of genuinely world-class innovators ready to deliver ground-breaking solutions. However, to fully deliver on this potential they need More »

Know-how series: Design Registration—am I a designer?

Design registrations are ‘lesser known’ intellectual property (IP) rights compared to some of the others, but they are incredibly valuable and can be worthwhile obtaining if you meet the requirements under the New Zealand Designs Act 1953 ('the Act '). This article explores the More »

Charities Amendment Bill Introduced

The Charities Amendment Bill (Bill)—that amends the Charities Act 2005 to modernise the legislation for the purpose of increasing transparency for the public, improving access to justice services, and reducing the burden on smaller charities—was introduced on 21 September 2022 and had More »

Government announces Skilled Migrant and Parent Category: key things to know

In an effort to address severe labour market shortages, the Minister of Immigration announced the return of the Skilled Migrant Category Residence (SMC) ‘points’ system and the Parent Category. The new points system and category was announced on 12 October 2022. We have prepared a More »

New GILC Cyber Insurance report: cyber risk growing on an exponential scale

The Global Insurance Law Connect (GILC) has released its first ever Cyber Insurance report with expert commentary from global law firms including Duncan Cotterill. Law firms from 19 countries described the critical issues in cyber crime and how the insurance industry is responding to it as the More »

New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 passes

New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (Act) passed its third reading and received Royal assent on 29 August 2022 to become law. The Act (as enacted) is now in force and provides a process for the Government and House of Representatives to respond to a More »

Changes to the construction contract retention money scheme are on the way

Amendments to the Construction Contracts Act 2002 (CCA) which will strengthen and clarify the retention money scheme have recently been considered by Parliament. More »

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