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.

Pulling its punches: Does the Commerce Commission’s draft report of the residential building industry address the key issues?

Significant changes to regulation of the residential building supply sector are proposed by the Commerce Commission in its current study of the sector, but they may not address key underlying issues. What are the key findings in the Commerce Commission draft report? The Commission’s More »

WorkSafe New Zealand ordered to pay company over $158,000 for failed prosecution

The recent health and safety decision, WorkSafe New Zealand v Mount Somers Sand Ltd [2021] NZDC 16270 will be of interest to all organisations managing risks to health and safety in-house, and to those who may wish to seek costs in the event of an unsuccessful prosecution by a regulatory agency More »

Webinar: Immigration law update (Accredited Employer Work Visa)

The reopening of New Zealand’s borders is particularly welcome for organisations wanting to recruit staff from oversees. Before undertaking recruitment again, it’s timely to get reacquainted with the relevant immigration legislation and recent developments. In this webinar Duncan More »

Google not guilty of defamation for providing link to defamatory news article

In a decision released on 17 August ( Google LLC v Defteros [2022] HCA 27), the High Court of Australia has decided that Google did not publish defamatory material by providing search results, which included a link to a webpage containing a defamatory statement. Google is therefore not liable for More »

Commerce Commission decision highlights cartel issues for franchises and rigorous test for collaborative activities

Franchisors and franchisees need to be awake to the risks of entering into illegal cartels, a recent Commerce Commission decision has highlighted. The decision also highlights the high level of rigour needed in applying the collaborative activities exemption to the cartel prohibition. The More »

Protecting privacy when developing apps targeted at children

Protecting privacy is an important part of being in business, and is one of many things to factor in when developing a mobile app. Privacy protection is especially important if your app will collect personal information from children, in which case there are additional requirements and precautions More »

Global Legal Insights - Litigation & Dispute Resolution 2022 New Zealand chapter

The firm has contributed a chapter to the Global Legal Insights (GLI) - Litigation & Dispute Resolution 2022 (11th Edition). GLI Litigation & Dispute Resolution 2022 covers key topics including efficiency and integrity, injunctions, cross-border issues, disclosure and privilege, costs and More »

Privacy obligations in the cloud

Cloud computing offers significant benefits to businesses and organisations in terms of scalability, availability, and cost. However, entities that store information in the cloud still have responsibilities for that information under the Privacy Act 2020. A business or organisation that stores More »

Video: NZ Hi-Tech Awards 2022 sponsor video

Duncan Cotterill is the sponsor of the Most Innovative Hi-Tech Software Solution category at the 2022 NZ Hi-Tech Awards . Our sponsor video was broadcast at the Awards event in Wellington on Friday 5 August 2022. As a full-service law firm, we can support our technology clients with employment, More »

More changes to consumer lending rules coming

Minister of Commerce and Consumer Affairs, Hon Dr David Clark, has announced further changes to the Credit Contracts and Consumer Finance (CCCF) Regulations. These changes are intended to address some of the more technical aspects of the Credit CCCF legislation to assist banks and lenders, More »

Second round of changes under the Fair Trading Amendment Act 2021

Important changes to the Fair Trading Act 1986 are due to come into force on 16 August 2022. These changes are part of the amendments introduced by the Fair Trading Amendment Act 2021, in addition to other changes which came into force in August last year. These changes introduce three new More »

Government announces review of the building consent system

Housing Minister, Hon Dr Megan Woods, has announced an end-to-end review of the building consent system. The aim of this review is to modernise the building consent system to respond to increasing demand and to reflect changes in the building and construction sector since the system was established More »

New resident visa options

There have been almost no resident visa options for migrants, since the suspension of the Skilled Migrant Category, which was over two years ago, in March 2020. The only real exception has been the 2021 Resident Visa, which has now closed and excluded a lot of potential applicants. However, on 27 More »

Medical practice check-up vital to health of investment

Key points: The healthcare sector remains an attractive investment option in challenging economic times. Healthcare providers are increasingly looking at M&A opportunities in light of the competitive landscape, funding and cost pressures and vendor retirements. The digitisation of the patient More »

Webinar: Essential employment law (July 2022)

As the concept of “work” as we know it has changed during the COVID-19 pandemic, there are also significant legislative changes on the horizon in New Zealand. In this one hour 9 minute video, Duncan Cotterill employment Senior Associates Helen Pryde and Jeremy Ansell provide an update More »

Sick of being sick?

With so much sickness in the community right now, it is no wonder employers and employees alike are becoming concerned about sick leave entitlements and exactly how far they will stretch. With this in mind and to help people understand how sick leave works, we have responded to some of the key More »

Consumers to get fair go under new financial conduct law

New legislation which is set to bring fair treatment of consumers who are purchasing financial products and services passed its final reading. The law introduces a requirement for certain financial institutions such as banks, insurers, and non-bank deposit takers to gain a licence from the More »

Separation and death law changes coming but are years away

The Government has responded to the Law Commission’s proposed changes for both relationship property and succession law, saying its work to update the laws will take years. Under the Law Commission’s relationship property recommendations, it has called for a replacement to the Property More »

Investor visa announcement

On Wednesday, the Minister of Economic and Regional Development and the Immigration Minister announced a complete overhaul of New Zealand investor visa regime. Current regime The current investor regime provides for two levels of visa. The first is for individuals investing at least NZ$3 million. More »

Employment law issue of contractor vs employee catches a second ride with Uber

The question of what makes someone an employee is in the news yet again, thanks to a second Uber challenge – this time by unions E tū and First Union, whose joint claim on behalf of multiple drivers seeking a declaration that Uber drivers are employees has just been heard in the Employment More »

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