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.

What is the purpose of a LIM report?

When purchasing a property, obtaining a Land Information Memorandum (LIM) report from the relevant council is strongly recommended. A LIM report provides all the documents that a council has on records for a property. Each LIM report contains different information, as some properties may be new More »

An overview of mortgagee sales

If you buy a property at a mortgagee sale, be aware that you are entering a contract that is quite different in its nature to an agreement entered into in other circumstances. The agreement is likely to be weighed heavily in the mortgagee’s favour because mortgagee sales involve factors More »

Under what circumstances should you form a trust

There are a number of circumstances under which you should consider forming a trust. Some of the common purposes of a trust, and the structures utilised, will be discussed in this article. A trust is managed by trustees who are appointed by the creator of the trust (called the settlor(s)). Trustees More »

The importance of wills and enduring powers of attorney

Having enduring powers of attorney (EPAs) and a will in place is important for every adult whatever their age. A will is a legal document that lets you decide how you want your property, care for your dependants (partner, children etc.) and your body to be dealt with after you die. EPAs allow you More »

Rental property standards

The Residential Tenancies Act 1986 requires landlords to provide and maintain rental properties in a reasonable state of repair for the tenants. When deciding what is a ‘reasonable state of repair’ one must consider the age and character of the property and how long it’s likely to More »

Misconduct outside the workplace - 5 takeaways from the Israel Folau case, from a NZ perspective

This is what we’re about - employers can set organisational values and enforce them, acting fairly and reasonably. It is not normally a satisfactory response for an employee to say that their conduct or statements – at odds with their employer's values - are permissible or protected More »

Parliament passes the Canterbury Earthquakes Insurance Tribunal Act 2018

Parliament has passed the Canterbury Earthquakes Insurance Tribunal Act 2018, to help Cantabrians resolve outstanding residential insurance claims from the 2010 and 2011 earthquakes. The Act applies to disputes between policyholders and insurers and/or EQC about insurance claims for physical loss More »

Notification of insurance claims - how much detail is required?

The Court of Appeal of England and Wales, in Euro Pools Plc v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808, has recently considered the question of how much information must be provided to validly notify an insurance claim. Background Euro Pools installed swimming pools across the More »

What are an insurer’s responsibilities when cancelling an insurance policy for fraud?

Taylor v Asteron Life Ltd [2019] NZHC 978 is a significant decision for New Zealand insurance law. The High Court has held fraudulent claims are to be dealt with using the contractual mechanism provided for by the Contract and Commercial Law Act 2017 ( CCL Act ). The result being that once an More »

Employment update - May 2019

Employment Court rules that required overtime amounts to an “availability provision” Since their introduction in 2016, there has been uncertainty about the how broadly the rules around “availability provisions” would be applied. This uncertainty has now been ruled on by a More »

Update on the Trusts Bill

Ten years after the Law Commission commenced its comprehensive review of trust law, the new legislation is almost here. Parliament has just completed the second reading of the Trusts Bill, and has recommended that it be passed. It is estimated that there are between 300,000 and 500,000 trusts in More »

Employment alert

This is a friendly reminder that today, 6 May 2019, significant changes to the Employment Relations Act have come into force. Details of these changes are summarised here . It is important that employers are complying with these changes. We recommend employers check their current practices, More »

Proposed changes to insurance contract law - what you need to know

Following on from last year’s initial consultation considering an update to insurance contract law, the Ministry of Business, Innovation and Employment (MBIE) has released an Options Paper, setting out options that it is considering for three key areas: disclosure of information to insurers; More »

Penalty clauses in contracts: New Zealand adopts the disproportionality test

Frequently commercial contracts, particularly building contracts, include a clause specifying what amount will be payable by one party to the other in the event of a breach of the contract. This could be a lump sum, or a specified amount for each day of default. These clauses are known as More »

Significant changes are coming to the Building Act - what do you need to know?

The building industry has long been an area of concern: the cost of building, quality of the work undertaken, and resolution of disputes when something goes wrong are all challenges faced on a regular basis. The Government has now announced the biggest review of the building sector since the More »

Other employment updates

There are significant legislation changes to the Employment Relations Act coming into force on 6 May 2019. These changes will impact all workplaces and employers should be taking active steps to prepare for the change. Key changes include: Rest and meal breaks will return to a prescriptive approach More »

Employment Relations (Triangular Employment) Amendment Bill closer to becoming law

There are important legislative changes on the horizon that will potentially have a significant impact for labour hire companies and organisations that use labour hire companies or temporary workers. The Employment Relations (Triangular Employment) Amendment Bill is one step closer to becoming law More »

The business of charity

Submissions on the Department of Internal Affairs’ Modernising the Charities Act 2005 Discussion Document ( Discussion Document ) close on 31 May 2019. One of the four main risks for established charities identified in our article last month is the spotlight on the commercial activities of More »

Guideline decision on approach to reparation awards in health and safety sentencing

The High Court has released its decision on two appeals relating to orders for reparation in Oceana Gold (New Zealand) Ltd v WorkSafe New Zealand [2019] NZHC 365. The High Court's decision confirms that: The Court can order reparation for the deceased's loss of earnings to persons who have More »

Recent developments in health and safety sentencing

When the High Court released its decision in Stumpmaster v WorkSafe [1] last year, it not only set new guideline bands for fines, but also commented on the level of discounts given for mitigating factors. This article considers the effect this comment has had on recent fines. We also review the More »

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