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.

A new Trusts Act

The Trusts Bill has passed its third reading in Parliament and is shortly to receive royal assent, the final stage of a comprehensive overhaul of New Zealand’s trust law that began more than ten years ago. The Trusts Act will replace the Trustee Act 1956 with the purpose of making the law More »

Recreational access to land – how is this affected by health and safety?

New Zealanders have grown up with an expectation that they are able to access and use most outdoor areas for recreation. However, many landowners, particularly farmers, are concerned about the implications of the Health and Safety at Work Act 2015 ( HSWA ), and whether they will be responsible for More »

Agricultural emissions

The Ministry for the Environment released a discussion document on 16 July 2019, with policies building on the Interim Climate Change Committee’s ( ICCC ) recommendations for agricultural emissions (see here ). The Government’s preferred approach is that emissions are priced through the More »

The “Hug of Death” – expanding the scope of ACC cover for mesothelioma beyond a work-place injury

The dreadful and always fatal disease of mesothelioma, directly linked with exposure to asbestos, has given rise to much litigation in the common law world. Three years after her death due to mesothelioma, Deanna Trevarthen has recently been the subject of the decision in Calver v Accident More »

3 things you need to know about the Privacy Bill before it becomes law

The Privacy Bill, which will replace the Privacy Act 1993, commenced its second reading on 18 June. Here are the three things you need to know about it before it comes into force in 2020 (probably). Mostly, it’s steady as she goes. The Government has shied away from major renovations and the More »

Employment Relations (Triangular Employment) Amendment Bill

The Employment Relations (Triangular Employment) Amendment Bill (Triangular Employment Bill) received Royal Assent on 27 June 2019, to be enacted in law in 12 months’ time, or earlier if another date is appointed by the Governor-General. The Bill was passed with the support of Labour, New More »

New Zealand Electronic Travel Authority and International Visitor Conservation and Tourism Levy

The Government has recently announced the implementation of the New Zealand Electronic Travel Authority (NZeTA) and the International Visitor Conservation and Tourism Levy (IVL). Currently, visitors from visa waiver countries are only required to provide minimal information at check in and cruise More »

Judgment summary: Xu v IAG New Zealand Ltd (SC 47/2018) [2019] NZSC 68

Background The Barlows were the owners of a house in Christchurch. It was damaged in the earthquakes on 4 September 2010 and 22 February 2011. The Barlows were insured under a policy which provided “indemnity” and “indemnity plus” (i.e. a replacement wording) in the event of More »

Pay equity legislation moves through Parliament

The Government’s pay equity bill - the Equal Pay Amendment Bill ( Bill ), passed the Select Committee stage on 13 May 2019, and is awaiting its Second Reading in Parliament. The Bill seeks to improve the process for raising and progressing pay equity claims and to eliminate and prevent More »

Strike action by the Post Primary Teachers Association (PPTA) draw attention to ‘partial strikes’ and recently changed pay deduction laws

2018-19 is increasingly becoming a time of strikes. Nurses, midwives, hospital attendants and court workers have all had high profile strike actions recently, while primary and secondary-school teachers have been striking on and off throughout this period. In the latest series of strikes, Post More »

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 »

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