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.

Final whistle imminent for introduction of new Protected Disclosures legislation

The Protected Disclosures (Protection of Whistleblowers) Act 2022 ( the PDA 2022 ) has been a long time coming. Having finally passed through Parliament, the new legislation received Royal Assent on 13 May 2022 and will come into force on 1 July 2022, replacing the Protected Disclosures Act 2000. More »

Global Insurance Law Connect releases Risk Radar 2022

The firm is a member of Global Insurance Law Connect (GILC), a formal alliance of leading insurance law experts comprised of high-performing independent firms across the world that specialise in insurance law. Yesterday GILC released their 4th Edition 2022 Risk Radar Report which is a collection of More »

Workplace stress: helping an employee with mental health concerns

When anything about rugby hits the news, people take note. Recently, New Zealand Rugby (NZR) released their findings into the review of the Black Ferns team culture and environment and it made headlines. What led to the NZR review provides important learnings for all employers, when faced with More »

Collection, retention, and destruction of vaccination status information: Important privacy considerations as many COVID-19 vaccine mandates are removed

Early this month (April 2022) the Government announced that some COVID-19 vaccine mandates for workers have been removed. Vaccine mandates now apply only to workplaces that support vulnerable populations (such as health and disability sector workers, prison and border/MIQ staff), or work in high- More »

Fair Pay Agreements Bill: New legislation promises complete overhaul of employment relations landscape

In what could entail the largest shift in employment law since the Employment Contracts Act reforms, the Fair Pay Agreements Bill was introduced to Parliament on 29 March 2022, passing its first reading on 5 April 2022. The Government has signalled it intends for the Bill to complete the More »

Enabling Housing Supply Amendment Act – what are the Medium Density Residential Standards?

The Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 ( Amendment Act ) requires Tier 1 Councils (being Councils within the urban environments of Auckland, Hamilton, Tauranga, Wellington, and Christchurch) to change their planning rules to ensure that development is More »

The end of the new normal? Reviewing risk assessments in light of recent government guidance.

Are your employees at a higher risk of contracting or transmitting COVID-19 at work than in the community? The government has released guidance indicating that this is the new threshold for mandating vaccination in a workplace. As of Monday 4 April 2022, vaccines will no longer be mandated for More »

Incorporated Societies Bill passes third reading - what societies will need to do, and by when

The Incorporated Societies Bill 2021 has passed its third reading and received royal assent (on 5 April 2022). Our earlier summary of the ten key changes introduced by the Bill can be found here and a summary of the recommendations made by the Select Committee can be found here . A Supplementary More »

Governance and School Boards: What can go wrong and what you can do about it

School Boards are often confronted with complex and delicate issues, from relationship breakdowns, community tensions, repeated and escalating complaints, principal burnout and the prospect of Ombudsman or Human Rights Commission investigations. Recently, Madeleine Hawkesby (Special Counsel at More »

Government to increase transparency of companies and limited partnerships

The Government has announced that it will introduce new legislation to make it easier to see who owns or controls New Zealand companies and limited partnerships. The new legislation will amend the Companies Act 1993 and the Limited Partnerships Act 2008 to: increase the transparency of beneficial More »

New temporary visa for family of Ukrainians in New Zealand: 2022 Special Ukraine Visa

We, along with many others, breathed a collective sigh of relief when the Government announced a visa pathway for family members of Ukrainians in New Zealand. The 2022 Special Ukraine Visa provides a pathway for Ukrainians permanently living in New Zealand, to sponsor their family members. However More »

Once more unto the breach … The Mainzeal appeal is heard in the Supreme Court

Not many appeals are scheduled to be heard over five days in the Supreme Court of New Zealand. But this was never going to be an ordinary appeal of a civil matter. Because at issue was whether a group of directors, including a former Prime Minister, were liable for the collapse of one of New More »

Bullying – ‘walking the walk’

Bullying is a topic that we can all relate to and unfortunately, it's something that many of us come across in the workplace. Legal definition What exactly is bullying in the workplace? In a New Zealand employment law context, it is the “repeated and unreasonable behaviour directed More »

International Comparative Legal Guide - Insurance & Reinsurance 2022 (11th Edition)

Partner Aaron Sherriff and Senior Associate Nick Laing have authored the New Zealand chapter of the International Comparative Legal Guide - Insurance & Reinsurance 2022 (11th Edition). Click here to read. The complete guide covers common issues in insurance and reinsurance laws and regulations More »

When Employees + Social Media = “Off-Brand” Comments

What can you do if an employee comments on political or controversial issues on their personal social media? Freedom of expression has been a big topic in the media lately, particularly with the parliament protests and various political issues around the globe. There are a range of scenarios where More »

Police and Defence Force mandate overturned - Yardley v Minister for Workplace Relations and Safety [2022] NZHC 291

Introduction Vaccine mandates have been one of the most contentious issues arising out of the COVID-19 pandemic. In this most recent judgment, the High Court considered whether the government’s vaccination mandate breached fundamental rights, and if so, whether the limitations are reasonable More »

Government support for Omicron affected businesses

The Government has announced new financial support measures for businesses affected by Omicron. New targeted COVID Support Payment Top up loan available under the Small Business Cashflow Loans Scheme Flexibility on tax payment dates and terms extended by Inland Revenue New COVID Support Payment More »

2021 Resident Visa

With over 12,000 applications submitted for phase one applicants of the 2021 Resident Visa (2021 RV), and over 7,000 applications being approved, the 2021 RV is well under way. As 1 March 2022 fast approaches, phase two applicants should be gathering their documents now. There will be about 165,000 More »

Residential buildings – buying off the plans

We all know it’s getting pretty tricky to buy a property these days. However, with a record number of building consents being issued, there are more properties on the market to buy “off the plans”. A great opportunity, but one that comes with risks. Buying off the plans allows you More »

New Zealand’s reconnection with the world

Following from the announcement of the Government on 3 February 2022, the New Zealand borders are finally reopening. After a long two years of fighting for both visas and Managed Isolation and Quarantine (MIQ) places, we can finally see the light at the end of the tunnel. However, the borders are More »

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