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.

Changes to Partner Work Rights

For many years, partners of work visa holders have been able to apply for unrestricted (open) work visas based on their relationship to Essential Skills Work Visa holders and, more recently, Accredited Employer Work Visa (AEWV) work visas. This is about to change. Where did this change come from? More »

AI on IP: should artificial intelligence own IP rights?

The question of whether AI should be able to own intellectual property (IP) rights is a complex and controversial one that has yet to be fully resolved by the legal system. Currently, the prevailing view is that IP rights such as patents, trademarks, and copyrights are only granted to natural More »

Schools' obligations in dealing with bullying complaints

If a bullying complaint is received, what are a school’s obligations? From the outset, schools should have documented policies and processes that emphasise their commitment to preventing bullying, detailing the expectations of employees at work, how concerns should be raised and how More »

Bullying is a serious problem in New Zealand, particularly in our schools

A 2021 report published by the Ministry of Education found that compared to other countries, New Zealand had a far higher proportion of students reporting being frequently bullied. 36% of Year 5 students, and 38% of Year 9 students, reported that they were being bullied on a monthly basis. [1] So, More »

Cyclone Gabrielle recovery: practical tips for commercial and residential construction

On this page you can find information for businesses in the construction sector about what to do following the recent extreme weather events. As the fallout of Cyclone Gabrielle continues to impact much of the North Island, many homeowners and building professionals are continuing to deal with More »

Storms, floods and construction

The devastation caused by Cyclone Gabrielle and other recent extreme weather events has caused widespread damage and distress. One of the many sectors significantly impacted is the construction sector with flooded and damaged sites, equipment and materials, access issues and significant workforce More »

Commercial Construction Contracts in the aftermath of the recent severe weather and flooding

The vast flooding and devastation caused by Cyclone Gabrielle across Hawkes Bay and Gisborne continues to significantly impact people, homes and businesses across New Zealand including damage to key infrastructure and disruption to construction projects. It is important to understand the More »

Residential properties: understanding your contractual obligations after a severe weather event

As the fallout of Cyclone Gabrielle continues to impact much of the North Island, many homeowners and building professionals are continuing to deal with flood and other damage to homes, businesses, and construction sites. Assessing the site and any damage Residential builds If you haven’t More »

Government announces Recovery Visa

The Government has announced a Recovery Visa to assist with the response to the recent extreme weather events, which have recently hit the North Island. Who is eligible? This visa is intended for people coming to New Zealand for a short period of time to assist with: Providing emergency response; More »

Mixed reactions to the Companies (Directors Duties) Amendment Bill

Submissions on the Companies (Directors Duties) Amendment Bill have now closed and the Bill is now undergoing Select Committee Review. The Amendment Bill aims to modernise the current Act with certain corporate governance practices. Purpose of the Companies (Directors Duties) Amendment Bill The More »

Employee overtime – non-compliant employment agreements can have costly consequences

Does your employment agreement allow you to require employees to work overtime? If so, the Employment Court has recently held that you are required to compensate them for being available to work, even if in practice they are able to turn down extra hours. The case of S tewart v Affco New Zealand More »

Employment investigations – when do you need an independent investigator?

The last few years have seen a marked increase in the number of organisations engaging independent investigators to carry out external employment investigations. But is an independent investigation always the best option, and how will you know when it is? There are certainly a number of benefits to More »

Chambers Insurance & Reinsurance 2023 Global Practice Guide 2023 – New Zealand chapter

The firm has contributed a chapter to the Chambers Insurance & Reinsurance 2023 Global Practice Guide . The guide features 27 international jurisdictions and provides the latest legal information for each jurisdiction on sources and regulation of insurance and reinsurance law, common policies More »

Global Insurance Law Connect report: demand for business interruption insurance rising but insurers are pandemic wary

Global Insurance Law Connect (GILC) has launched its first Business Interruption Report which shows that demand for business interruption insurance has increased globally, however a new wave of covid-responsive policies will clearly exclude or include pandemic cover. The report provides insights More »

Commerce Commission releases draft guidelines on the application of competition law to intellectual property rights

On 20 December 2022, the Commerce Commission (the Commission ) released draft guidelines (the Draft Guidelines ) on the application of competition law to intellectual property rights. The Commission is now seeking submissions from interested parties on this document, which can be accessed here . More »

Grocery Industry Competition Bill

The Grocery Industry Competition Bill (Bill) was introduced under urgency on 21 November 2022. The Bill seeks to regulate actors in the retail grocery industry, with the aim of improving efficiency and increasing the level of competition between grocery retailers. The Bill has been referred to the More »

Law Commission commences review of adult decision-making capacity laws

The ability to reason, make informed decisions, and understand the consequences of those decisions (referred to broadly as having capacity), is fundamental in the law. Capacity can determine whether a person’s decisions are considered valid, and whether that person will be held responsible More »

Timaru District Plan review

The Timaru District Council (TDC) publicly notified the proposed Plan on 22 September 2022, which sets out the planning framework for the management of activities and effects in Timaru district, including subdivision, development and built form. Despite the replacement legislation currently in More »

Residents' Associations part of new regime

Residents' Associations fall under the new Incorporated Societies Act 2022 changes. The new Act looks to modernise and regulate the law relating to incorporated societies, which will have a big impact on all existing incorporated societies, particularly Residents' Associations. Three key More »

Fair Pay Agreements Act – what employers need to think about now

Click here for a useful overview of the new Fair Pay Agreement (FPA) bargaining process, which breaks down the steps from initiation through to validation of a FPA . The Fair Pay Agreements Act 2022 has now come into force, representing the biggest change to employment law in 20 years. The first More »

Search form

Publications

Pages

Pages