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.

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 »

Unconscionable, unfair… unclear? Getting to grips with new unfair conduct provisions in the Fair Trading Act

Recent amendments to the Fair Trading Act 1986 have introduced several changes affecting businesses , including a new prohibition against unconscionable conduct in trade and extending the existing unfair contracts regime (introduced in 2015 for standard form consumer contracts) to include business- More »

Limitations for urban development on highly productive land

The Government has released a National Policy Statement for Highly Productive Land ( NPS-HPL ), which will come into force on 17 October 2022. The NPS-HPL’s objective is to enhance protections for New Zealand’s most productive land, providing security for both domestic food supply and More »

Tax relief for ‘build-to-rent’ properties announced

The Government has proposed that ‘build-to-rent’ investors will get an exemption from the interest deductibility limitation rules provided they meet certain conditions. The current interest limitation rules were introduced by the Government in March 2021. To ensure continued investment More »

Overseas Investment (Forestry) Amendment Act 2022 passes final reading

Overseas investors will now be tested more stringently when looking to convert land into new production forestry. The Overseas Investment (Forestry) Amendment Act 2022 (Act) came into force on 16 August 2022, after receiving Royal assent. The Act amends the Overseas Investment Act 2005 to remove More »

Current trends of cyber risk in New Zealand – the role of risk management and insurance

Over the last two years New Zealand (NZ) insurers have seen a significant increase in the number of notifications and claims for cyber attacks. In this article we identify what cyber risks Kiwi businesses are currently facing, how businesses can manage this risk, and what cyber insurance can do to More »

Amendments to the Electricity Industry Act: suite of changes bolsters the Electricity Authority and introduces new consumer protection objective

The Electricity Authority’s role is expanded under the Electricity Industry Amendment Act 2022 (the Amendment Act ) to include protecting the interests of domestic and small business consumers. The Amendment Act makes changes to the Electricity Industry Act 2010 (the Act ) and the Electricity More »

Have you seen that sign?

From 16 September until 8 October 2022, New Zealanders will head to the polls to cast their votes at the 2022 Local Elections. The key difference this year is local elections will no longer include District Health Board elections, with these having been replaced by Health New Zealand. In the lead More »

How school boards can ensure good governance in times of change

With school board elections being held, members of school boards are turning their minds to how they can ensure good governance at their school with potentially new members. Establishing a Code of Conduct and succession planning will help to ensure consistent and effective governance. Why it More »

Some order for the class?

Law Commission recommends formal frameworks for class actions and litigation funding A roadmap for the courts and parties regarding class actions and litigation funding in Aotearoa | New Zealand now appears much closer. Following an extensive two-year consultation period, the Law Commission has More »

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