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.

Court of Appeal highlights need to amend the Companies Act in latest Mainzeal decision

The Court of Appeal has released its decision in the claim against the former directors of Mainzeal, [1] upholding the decision that they were liable for reckless trading, and also finding them liable for incurring obligations without the reasonable belief that the company will be able to perform More »

For want of a nail…building supply shortages

We recently provided an article on the impact of COVID-19 restrictions, Ports of Auckland delays and spike in construction activity on the supply of building materials and shortage issues that were developing. Further reports this week have shown that this situation is worsening and is likely to be More »

Potential curly issues for employers - minimum wage increases

From 1 April 2021, the adult minimum wage will be increasing from $18.90 to $20 per hour. At the same time, the starting-out and training minimum wages (which are restricted to very limited groups of employees) will increase from $15.12 to $16 per hour. The key for employers will be to ensure all More »

Tax changes on investment properties

Yesterday, the Government announced a range of measures designed to address supply and demand in the housing market, including a number of tax changes. In a significant departure from previous practice some of these tax changes were announced as having almost immediate effect, including: The More »

A victory for the family trust – no “grand march” into trust assets

A recent decision from the Court of Appeal in Preston v Preston should have calmed some of the alarmist views generated by professional advisors over the robustness of family trusts. We did not see the Supreme Court in Clayton as opening up a new wave of “trust busting”. Headlines such More »

International Comparative Legal Guide - Insurance & Reinsurance 2021 (10th Edition)

Partner Aaron Sherriff and Senior Associate Nick Laing have authored the New Zealand chapter of the International Comparative Legal Guide - Insurance & Reinsurance 2021 (10th Edition). Click here to read. This chapter was first published in the ICLG - Insurance and Reinsurance. More »

Government measures in key jurisdictions: 5th edition

Duncan Cotterill is a member of TerraLex, one of the largest legal networks in the world, providing access to more than 19,000 legal professionals world-wide. Our role in this global network means we can provide our international clients with easy access to specialised local expertise in almost any More »

Update on the Incorporated Societies Bill

The long-awaited Incorporated Societies Bill was introduced to Parliament on Wednesday 17 March and is about to have its first reading. This Bill has been highly anticipated by our community of not-for-profit and community organisations. This Bill will replace the Incorporated Societies Act 1908, More »

Holidays Act Taskforce – proposed process for calculating annual leave where hours are variable

So far, initial views on the changes proposed by the Holidays Act Taskforce to the calculation of annual leave (AL) seem to be mixed. Some feel that the proposals will deliver much needed certainty for employers, while others feel that the Taskforce may have missed a golden opportunity to make the More »

RMA reform - confirmed and underway

The Government has confirmed its intention to repeal the Resource Management Act 1991 (RMA) and replace it with three new pieces of legislation. The Minister for the Environment, David Parker explains that the changes are set to “improve the natural environment, enable more development within More »

Happy Holidays Act?

The current primary legislation for holidays and leave is the Holidays Act 2003. However, not only is this Act considered to be outdated, it has also long been criticised for its complexity. In 2018, the Government appointed a taskforce to review the legislation and recommend changes, and the More »

Most important changes in the Trusts Act in 70 years

The Trusts Act 2019 (the Act ) came into force on 30 January 2021, being the first major trust law reform in New Zealand in 70 years. The Act, which is aimed at making trust law more accessible, increases the obligations of trustees and strengthens the ability of beneficiaries to hold trustees to More »

COVID-19 vaccine: employer obligations

Recognising the critical role that our border workforce play in keeping us safe, you will have seen that the government has announced that the Ministry of Health will be rolling out the COVID-19 vaccine to border workers and their families from this weekend. The question that some (border workforce More »

Sick leave increase and the new Matariki public holiday

Later this year, legislation is expected to pass that will increase an employee’s paid sick leave entitlement from 5 days to 10. The Holidays (Increasing Sick Leave) Amendment Bill aims to ensure that employees have better access to sick leave when they (or their dependants) are sick or More »

Court of Appeal rules on commission payments: Labour Inspector v Tourism Holdings

How should commission payments be factored into the calculation of holiday pay? This is the question that the Court of Appeal recently considered, exploring the Holidays Act’s definition of ‘ordinary weekly pay’ in a mostly untested area of the Act. Under the Act, holiday pay is More »

Speeding up construction: prefabricated building products

We are all acutely aware of the current housing shortage in New Zealand and particularly the need for good quality affordable homes. The recent uptake in use of prefabricated building products in residential construction is a good solution to not only ease the housing shortage but also drastically More »

Chambers and Partners Insurance & Reinsurance 2021 Global Practice Guide

The Chambers and Partners Insurance & Reinsurance 2021 Global Guide has been released. It covers 25 jurisdictions and provides the latest information on sources of insurance and reinsurance law, overseas-based insurers or reinsurers, making an insurance contract, intermediary involvement, More »

COVID-19 – Building supply shortages

Reports this week have shown that the COVID-19 restrictions are continuing to have an impact on the construction industry. When the national lockdown was imposed last year we, and others, commented that one of the effects of that, along with the imposition of border restrictions and the global More »

A serious case of Monday-itis

Although we may be safely out of the chaos that was 2020, the New Year has brought with it five Mondayised holidays to keep employers on their toes when calculating holiday pay. Employers will be aware that when a public holiday falls on a Saturday or Sunday, the holiday may be pushed to a weekday More »

The Law Commission releases issues paper seeking feedback on class actions and litigation funding

Aotearoa New Zealand does not have legislation that provides a framework for class actions or commercial litigation funding. In the absence of formal frameworks, the courts and opposing parties have sought to navigate these two issues and establish rules for much of the past decade. However, the More »

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