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.

IT contracting – five tips for SMEs

When Kodak famously outsourced its entire IT function to IBM it marked both the dawn of IT outsourcing as a business strategy and, arguably, the beginning of Kodak’s end. Since then, the breadth and prevalence of IT outsourcing has grown. It is common now to have third parties providing IT More »

Court of Appeal rules that leaky building claims against James Hardie can proceed

The Court of Appeal has released its long-awaited decision, confirming that claims brought against four operating companies and three holding companies in the James Hardie group may proceed. Background to the claim The claimants are past or present owners of homes, commercial buildings and More »

Proposed legislation changes

Looking ahead, there are a number of proposed changes to legislation, which will progress in 2019. The Select Committee has this week released its report on the Employment Relations (Triangular Employment) Amendment Bill. This Bill proposes to provide increased statutory support and legal rights More »

Legislative changes

2018 has been a busy year of legislative change. After almost a year long process, the Employment Relations Amendment Bill ( Bill ) has now passed into law. Looking ahead, this will create significant change for 2019 and we will be discussing this in our client seminars in the New Year. The Bill More »

Employment Relations Act changes shift balance towards greater employee and union rights

The Government has passed the Employment Relations Amendment Act 2018, which received Royal Assent on 11 December 2018. Parts of the Act came into effect the following day, on 12 December 2018, and further significant changes will come into effect from 6 May 2019. Changes immediately in force Union More »

Privacy law update

The era of international GDPR enforcement arrives It’s been just over six months since the General Data Protection Regulation (GDPR) came into force in the European Union. One of the key features of the GDPR is its extra-territorial application, set out in Article 3. The world has been More »

Forestry update - Emissions Trading Scheme

Recap: Forestry planted after 1 January 1990 on land that was previously not in forest is eligible to be registered as post-1989 forest and to receive carbon credits (New Zealand Units or NZUs) for each year of growth and the carbon stored. It potentially offers a financial incentive to More »

Forestry update - National Environmental Standards for Plantation Forestry

The National Environmental Standards for Plantation Forestry ( NES ) came into force on 1 May 2018, with the aim to protect against environmental concerns around forestry, improve the productivity of the sector and create consistency in management and compliance requirements nation-wide. The More »

High Court to rule on RMA status of farming land covered by big floods

The High Court is set to rule soon on whether to confirm that land on floodplains and other areas covered by big floods (which only occur once every 20-50 years) is within the “bed” of the “river” for the purposes of the Resource Management Act 1991 (RMA). If it does, it More »

Dairy Industry Restructuring Act 2001 review

The Ministry for Primary Industries (MPI) released a discussion document in November 2018 on the review of the Dairy Industry Restructuring Act 2001 ( DIRA ). DIRA regulates Fonterra’s role in the New Zealand dairy industry. It provides for the ability of farmers to enter and exit supply More »

Mycoplasma bovis – Spring Bulk Milk Test Update

In May 2018 the government announced its plan to work to eradicate Mycoplasma bovis ( M. bovis ) over the next ten years. The spring bulk milk surveillance programme is a critical part of that eradication programme, allowing the Ministry for Primary Industries ( MPI ) to identify any areas where More »

Importance of application of Health and Safety at Work Act 2015 to schools

The Health and Safety at Work Act 2015 (HSW Act) places a duty on all workplaces, including schools, to manage health and safety. That can feel daunting when you consider the multitude of health and safety risks associated with running a school. These include not just bullying and behavioural risks More »

Aggregation clauses in insurance policies - recent judicial consideration

Aggregation clauses play a vital role in all forms of insurance, although they have been discussed most commonly in the context of liability insurance. Aggregation fixes the amount recoverable by the assured where the assured's liability arises out of a number of separate acts of negligence. More »

Unit title developments – adding real value

Unit title developments are becoming increasingly common as cities grow and become more high density. We identify some key areas where real value can be added to both new and existing unit title developments. Voting rights While surveying, planning and fire safety requirements are dealt with during More »

Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm)

A recent decision of Butcher J in the English High Court contains important guidance on the duties of insurance brokers both in the placement process and also in the provision of post-contractual advice. Most importantly, it determines an important and previously unresolved issue: when is a broker More »

Select Committee gives green light to Employment Relations Amendment Bill

Significant changes to the Employment Relations Act are likely to progress following endorsement by majority of the Education and Workforce Committee. The Amendment Bill, introduced earlier in the year, proposes to amend the Employment Relations Act by introducing greater union and employee rights More »

Waimea Nurseries Limited v Director-General for Primary Industries [2018] NZHC 2183

The High Court has found that the Ministry of Primary Industries used the wrong powers in the Biosecurity Act 1993 (Act) when it seized and ordered the destruction or containment of approximately 48,000 fruit trees. The Court set aside the Ministry’s use of powers. Background The fruit trees More »

Five Eyes announce intentions for back door live access to secure communications

New Zealand tech businesses routinely find themselves subject to data access requests from government agencies. Government access to customer data goes straight to the heart of the trust customers have in digital brands. Notable consumer tech heavyweights including Google, Apple, Facebook and New More »

Directors and Officers Insurance and Criminal Conduct

One of the main benefits of Directors and Officers (D&O) insurance in practice is the cover that it provides for defence costs in civil, criminal and regulatory proceedings. D&O policies generally exclude coverage where the director’s liability to a third party is found by judgment, More »

Domestic Violence - Victims' Protection Act

From 1 April 2019, employees who are affected by domestic violence will have new entitlements and rights. They can take up to 10 days’ paid leave each year, can request a variation to their working arrangements, and can raise a personal grievance, or unlawful discrimination claim, if their More »

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