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.

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 »

High Court decisions released on Plan Change 5

Earlier this month, the Christchurch High Court released two decisions resolving the five remaining appeals against the decision of Canterbury Regional Council ( ECan ) on Plan Change 5 ( PC5 ) to the Canterbury Land and Water Regional Plan ( LWRP ). Four appeals lodged by Barrhill Chertsey More »

Overseas Investment Amendment Act – profits à prendre and impacts for the horticulture sector

On Wednesday last week (22 August 2018), the Overseas Investment Amendment Act 2018 ( Amendment Act ) became law. The new laws will come into force on or before 22 October 2018. The Amendment Act brings “residential land” within the Overseas Investment Act and a general overview of the More »

Overseas Investment Amendment Act – forestry update

On Wednesday last week (22 August 2018), the Overseas Investment Amendment Act 2018 ( Amendment Act ) became law. The new laws will come into force on or before 22 October 2018. As well as bringing “residential land” within the Overseas Investment Act, the Amendment Bill brings in More »

Overseas Investment Amendment Act – property development update

On Wednesday last week (22 August 2018), the Overseas Investment Amendment Act 2018 ( Amendment Act ) became law. The new laws will come into force on or before 22 October 2018. The Amendment Act brings “residential land” within the existing Overseas Investment Act, such that any More »

New OIO laws bring changes for residential land, forestry and horticulture

On Wednesday last week (22 August 2018), the Overseas Investment Amendment Act 2018 ( Amendment Act ) became law. The new laws will come into force on or before 22 October 2018. The main focus of the Amendment Act is to bring “residential land” within the Overseas Investment Act, with More »

Insolvency Practitioners Bill to be revived and revised

The Insolvency Practitioners Bill was first introduced to Parliament in April 2010. The original aim of the Bill was to establish a “negative licensing system” for insolvency practitioners, with the Registrar of Companies having the power to ban people from acting as a liquidator or More »

High Court decision on health and safety sentencing released

The High Court has released its decision on the appeals of sentencing in the District Court for health and safety prosecutions. This decision, Stumpmaster Ltd v WorkSafe New Zealand; The Tasman Tanning Company Ltd v WorkSafe New Zealand; Niagara Sawmilling Company Ltd v WorkSafe New Zealand [2018] More »

Durie and Hall v Gardiner and Māori Television Service [2018] NZCA 278

This new judgment had made a significant change to the law of defamation. It has created a new public interest defence, replacing the former defence of qualified privilege as set out in Lange v Atkinson . Background Sir Edward Durie is a retired High Court Judge and at all relevant times co-chair More »

Judgment summary: Minister of Education v McKee Fehl Constructors Ltd [2018] NZHC 1177

The recent High Court decision of Justice Thomas in Minister of Education v McKee Fehl Constructors Ltd discusses the important question of exactly when cover is triggered under a "claims made and notified" liability policy. The McKee case concerned a Correspondence School operating out More »

Recent data breaches highlight importance of new privacy legislation

Data breaches revealed by Z Energy and Ticketmaster in the past few days have provided a salient reminder that they can affect any of us at any time. Unfortunately, disclosures of privacy breaches are often belated, depriving individuals of the chance to take any steps such as password changes to More »

Are Roundup and other glyphosate-based pesticides safe?

Glyphosate-based products, including Roundup, have been the subject of intense scrutiny recently, both in the United States and the European Union. Media, pressure groups and regulatory bodies have all been engaged in a sometimes heated discussion around how the herbicide is regulated, amid calls More »

Failed construction and Councils’ duty of care

When Stadium Southland’s roof collapsed following heavy snowfall in 2010, the finger was pointed squarely at the Invercargill City Council (Council). How could such an event occur under the watchful eye of local council, given the regulatory functions they are required to perform under the More »

Changes to National Planning Standards

The Ministry for the Environment has recently introduced the Draft National Planning Standards, which are open for comment until Friday 17 August 2018. This article outlines the general purpose of the Standards, and some issues we have identified which may undermine considerable concessions which More »

Dust monitoring results released

The results of the Environment Canterbury monitoring programme at Yaldhurst have been released, in a report made available on Friday 22 June. The report focussed on dust which could have adverse health effects, in particular respirable crystalline silica dust ( RCS ). The report concluded that More »

A restorative justice approach for the environment

The development of Alternative Environmental Justice (AEJ) has been driven by Environment Canterbury’s Monitoring and Compliance Section. Largely to fill a gap in the toolbox where the offence requires a stronger response than an infringement notice but perhaps falls short of the threshold More »

Disclosure obligations for vendors and real estate agents following the Gluckman report

The question of what a vendor or a real estate agent should tell a purchaser about potential methamphetamine contamination when selling a property has been brought sharply into focus by the release of Sir Peter Gluckman's report into methamphetamine contamination in residential properties. More »

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