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.

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 »

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 »

Government support for Omicron affected businesses

The Government has announced new financial support measures for businesses affected by Omicron. New targeted COVID Support Payment Top up loan available under the Small Business Cashflow Loans Scheme Flexibility on tax payment dates and terms extended by Inland Revenue New COVID Support Payment More »

Carrying on business under the COVID-19 Protection Framework

On Friday 3 December the new COVID-19 Protection Framework, or “traffic light system”, was implemented. The new system brings about a new set of regulations for businesses to get their heads around. We provide some key points about the COVID-19 Protection Framework below. Different More »

Vaccination requirements - Traffic Light System

Today marks day one of the new COVID Protection Framework, also known as the Traffic Light System. After nearly two years of the alert level regime, there is a lot for businesses to get their heads around. However, key changes for employers to consider are the new vaccine mandates, and the impact More »

Clash of the crises – immigration decision-making in a pandemic and humanitarian crisis

Immigration New Zealand (INZ) decision-making during the current COVID-19 pandemic has come under further scrutiny by the Courts last week with Cooke J’s judgment in Afghan Nationals v Minister of Immigration [2021] NZHC 3154, the substantive sequel to an interim relief application earlier More »

Crown gets a healthy telling off: Treaty principles and health information privacy

Last week, in well publicised news, the Ministry of Health was the subject of judicial criticism for its failure to respond to a request from a Whānau Ora health agency in a manner consistent with the Treaty of Waitangi principles. The Crown has received wide acclaim over the past 18 months for its More »

Wider restrictions on anti-competitive actions by major market players loom closer

Stronger restrictions on the actions of companies with high levels of market power are coming closer and looking more and more likely. On Tuesday 14 September, the Commerce Select Committee reported the Commerce Amendment Bill ( Bill ) back to Parliament, following submissions, with a More »

Businesses: What can you do under alert levels 2 and 3?

Confused about the rules that apply to businesses in the different alert levels? There certainly are a range of different rules that apply different requirements. This article summarises them, and also the rules for cross-border travel for business purposes. The rules are set out in the COVID-19 More »

Level 4: What is an essential service? (updated 8 September 2021)

The country entered alert level 4 at 11:59 pm on Tuesday 17 August for the first time since March 2020. As of Wednesday 8 September, Auckland remains at alert level 4 while the rest of the country has stepped down to alert level 2. Despite three weeks of lockdown, several questions remain as to More »

End of Life Choice Act 2019 - what you should know

From November 2021, people who are eligible will have the option to request assisted dying. If you or your family member are contemplating this step, or you are a medical professional who may need to give advice, or you are a lawyer with clients who want to plan for the future, there are a range of More »

Level 4: What is an essential service?

The country entered Alert Level 4 at 11:59 pm on Tuesday 17 August for the first time since the initial Alert Level 4 order of March 2020. Once again, the question of what businesses and services are considered essential has arisen. The Minister for COVID-19 Response has the power to make a COVID- More »

Client update – Government market study into competition of supermarkets

This morning the Government announced that the Commerce Commission ( Commission ) will be conducting a market study into the state of competition in relation to New Zealand’s supermarkets. The Government describes the aim of the study is to ensure that consumers are paying fair prices for More »

Privacy considerations for Covid-19 contact tracing registers and tools - August 2020

With the re-emergence of “community transmission” of Covid-19 in August 2020, and the associated change to Level 3 in Auckland and Level 2 in the rest of New Zealand, businesses are now required to do more to help facilitate effective contact tracing. While compliance is mandatory, we More »

COVID-19 Alert Level Two – what you need to know

As the number of new COVID-19 cases remains low, details have been released about what COVID-19 Alert Level Two will allow. A decision on whether or when New Zealand will move out of Alert Level Three will be made on Monday, 11 May. The main message is that Alert Level Two should be a “safer More »

COVID-19 Alert Level Three - the rules and recommendations

Details have been released about what COVID-19 Alert Level Three will mean, allowing businesses to make plans before the change in level is announced. The main message is that movement is still significantly restricted; New Zealanders are being asked to still stay mainly at home in their bubble, More »

Commerce Commission issues guidance on consumer rights and business obligations

Just a few weeks ago, we were booking holidays, buying goods online, and signing up to gym memberships. The Commerce Commission has now released some guidance to help both consumers and businesses understand their rights and obligations. For most, whether a customer is entitled to a refund or a More »

COVID-19: Level 4 Essential Services (March 2020)

Please note this article and subsequent list of essential services has been superseded by the new order, released 17 August 2021. Click here to find out more. With the country now under Level 4 of the COVID-19 pandemic levels at 11.59pm on Wednesday 25 March, the question of what is now an More »

COVID-19: MPI Register for Safe Practice

Primary industries and some suppliers to them have been deemed an essential service, however they will need to follow strict rules to stop the spread of COVID-19. The Ministry for Primary Industries (MPI) is requiring assurances from industries and businesses which intend to continue to operate More »

Commercial cooperation during COVID-19

The Government and Commerce Commission yesterday both issued statements to recognise the greater need for commercial cooperation during the COVID-19 pandemic. The underlying concern is to allay fears that strict competition rules might get in the way of legitimate and common-sense collaboration in More »

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