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.

The Fair Trading Act – how far can you contract out?

The Fair Trading Act ( the Act ) imposes various obligations upon those in trade to contribute to a trading environment in which consumer interests are protected, businesses compete effectively and consumer and businesses participate confidently. In 2014, changes were made to the Act to allow More »

Data duties – reporting obligations for privacy breaches on the way

Privacy law in New Zealand will be overhauled shortly with the Privacy Bill ( the Bill ) set to come into force on 1 March 2020. The Bill will replace the 25-year-old Privacy Act to bring the law into line with international developments following two and a half decades of rapid technological and More »

No more nominations – Chartered Accountants ANZ nomination clauses now defunct

A feature of many commercial agreements are clauses that create a mechanism by which something may be valued in the future, a dispute may be settled, or other decisions made. This can involve a nominated third-party making a decision that binds the parties. A common example of this type of clause More »

Navigating international trade – the importance of the contract

New Zealand is a trading nation. The New Zealand economy, and our daily lives, are dependent on exports and imports from all around the world. When a dispute arises in relation to an international contract, unique legal issues that are not encountered domestically become relevant. Effectively More »

Issues Coronavirus may create in a workplace

As many of you are now well aware, there has been a novel strand of the Coronavirus identified in humans for the first time. The new strand, known as (2019-nCoV) ( the Coronavirus ) was first reported in Wuhan, China on 31 December 2019, but has rapidly spread throughout the world, causing the More »

The Privacy Commissioner has recently released guidance on a complainant

The Privacy Commissioner has recently released guidance on a complainant’s right to information in workplace bullying matters. Individuals are entitled to access information about them held by agencies under Principle 6 of the Privacy Act, including evidence and findings compiled from a More »

Construction Sector Transformation Plan

On 26 January 2020 the Government released the three year Construction Sector Transformation Plan (Plan) which aims to ease the delivery of the workforce and productivity gains needed to boost the construction sector and deliver the recently announced infrastructure projects. According to the More »

Changes to Consumer Credit Legislation - further information

The Credit Contracts Legislation Amendment Act 2019 ( Act ) became law on 19 December 2019. The Act amends the Credit Contracts and Consumer Finance Act 2003 ( CCCFA ) and introduces some significant changes which will affect all lenders providing consumer credit in New Zealand. In addition More »

Changes to Consumer Credit Legislation

When the rent stops

The market over the past 12 months has seen a lot of new and exciting businesses being created and taking spaces in the city as well as some well-established businesses unexpectedly fail. The failure of any business has wide reaching implications including affecting leases. At the start of a lease More »

Swift progress of the Farm Debt Mediation Bill

The proposed farm debt mediation scheme is a step closer to becoming law after the Farm Debt Mediation Bill (No. 2) passed its third reading in Parliament yesterday. From there the bill will be sent for Royal Assent and formally be passed into law. Structural parts of the bill, allowing for the More »

Better protections for contractors

Next year could see a major shakeup to the law around contractors. This was signalled when Labour came to power. The Government, through MBIE, has released a public consultation paper discussing proposals for change. The aim of the paper is to address workers who are “misclassified” as More »

Swift progress of the Farm Debt Mediation Bill

The proposed farm debt mediation scheme is a step closer to becoming law after the Farm Debt Mediation Bill (No. 2) was approved by the Committee of the Whole House in Parliament yesterday. The bill is progressing swiftly, with the third reading expected to occur this week. From there the bill will More »

Travelers Insurance Company Ltd v XYZ [2019] UKSC 48

The UK Supreme Court has, in a landmark judgment, laid down the precise criteria to be applied by a court in determining whether a costs order should be made against a liability insurer who has defended the assured against a claim. Background The facts of XYZ were atypical. The assured, TMS, More »

Recent judgment is a reminder that spam doesn’t always have malicious intentions

A charitable trust has recently been sentenced for breaching the Unsolicited Electronic Messages Act 2007 (often known as the Spam Act ), in a reminder that it’s easy to do the wrong thing, even if it is unintentional. [1] The New Zealand Trustees Association Charitable Trust ( NZTA ) More »

Parent Resident Visa category – reopening in 2020

On Monday 7 October 2019, the Government announced the reopening of the Parent Resident Visa category with some changes. The category is set to reopen from February 2020. Expressions of interest (EOIs) can be made from that time, with the first EOIs being selected in May 2020. Selections will be More »

Court of Appeal confirms that floods do not determine riverbed extent for the RMA

The area of land that is covered by water in a big flood (like those which only occur once every 20-50 years) is not the right starting point for determining what the “bed” of a river is for the purposes of the RMA. Rather, the Court determined that the correct starting point is the More »

The Insolvency Practitioners Regulation Act 2019 – Mandatory Reporting Obligations

The Insolvency Practitioners Regulation Act 2019 ( Act ) was passed on 17 June 2019. Based on a recent MBIE Discussion Paper, the operative provisions of the Act will not come into force until June 2020. When fully implemented, the Act will introduce licencing requirements for all insolvency More »

Importance of insurance in buying a home

Insurance is absolutely crucial, and when borrowing from lenders to complete a house purchase, it is compulsory. Lenders will not allow a loan drawdown without written confirmation that appropriate and sufficient insurance cover is in place. Usually there is replacement insurance relating to fire, More »

How many directors need to sign?

Signing documents that bind a company to obligations and potential liability is a key aspect of being a director of a company. It is part of the role when a director is guiding and running the company. While shareholders are required to ratify major transactions and key decisions, day to day, the More »

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