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.

COVID-19 cases begin to make their way through the Authority

A number of cases concerning COVID-19 employment issues have begun to move their way though the Employment Relations Authority. Recent determinations have explored redundancies, paying employees at “80%”, the minimum wage and issues surrounding pay during the lockdown. Our employment More »

Bonuses and holiday pay? Metropolitan Glass & Glazing Limited v Labour Inspector, Ministry of Business and Innovation and Employment [2020] NZEmpC 39

Short term incentive and bonus payments ( STI ) are common among New Zealand businesses. In Metropolitan Glass , the Employment Court was asked to consider whether the STI were “ discretionary payments ” or “ gross earnings ” under the Holidays Act 2003. This distinction is More »

Who owns IP developed in the course of an employment or contracting relationship?

This interesting case decided last week reminds creatives, especially in design and architecture fields, to make sure they understand who owns any IP developed in the course of an employment or contracting relationship. For employees and employers in creative fields, the starting point is to ensure More »

Residential Tenancies Amendment Bill – summary of key changes

The Residential Tenancies Amendment Bill passed under urgency on 5 August 2020. It will now be sent for Royal Assent to become law. The Bill makes significant changes which landlords of residential properties will need to be aware of. These changes are due to come into force six months after the More »

Reducing fines on statutory liability RMA offending, where both a company and employee are charged

Insurers may be able to save money on fines under the Resource Management Act 1991 ( RMA ), where Councils pursue charges against both small companies and employees. If insurers systematically argue the corporate veil should be lifted to avoid double punishment of people closely associated with More »

Reducing fines for statutory liability RMA offending – discount for guilty plea

A recent Court of Appeal decision in the criminal context has modified the Court’s approach to calculating guilty plea discounts. If insurers ensure the decision is systematically applied to all Resource Management Act 1991 ( RMA ) sentencings, where fines are covered by statutory liability More »

Have you seen the sign?

On 19 September 2020, New Zealanders will head to the polls. They will be casting their votes at the ballot not just in the General Election but also on two highly charged political and social issues: cannabis and euthanasia law reform. In the lead up to the General Election, the landscape has More »

The new Privacy Act 2020 – what you need to know

After a lengthy parliamentary process, the Privacy Bill received Royal Assent on 30 June 2020 to become the Privacy Act 2020 ( the Act ). This completes the long-anticipated overhaul of New Zealand’s privacy law. The Act repeals and replaces the Privacy Act 1993 to more closely align the law More »

Resource Management Act to be repealed and replaced

The Government has released a report, New Directions for Resource Management in New Zealand , which recommends the repeal of the Resource Management Act 1991 ( RMA ) and its replacement with two new pieces of legislation: the Natural and Built Environments Act and the Strategic Planning Act. The More »

Video: Trusts Act 2019

Click here to view partner Hamish Walker, senior associate Kate Mitchell and senior associate Alysha Hinton discuss the new Trusts Act, which comes into force on 30 January 2021. They will address whether you still need a trust, what your obligations are, beneficiary information and next steps. For More »

Managing your obligations – Triangular employment

The Employment Relations (Triangular Employment) Amendment Act 2019 is now in force and inserts a number of new provisions into the Employment Relations Act 2000. The main change is that both employees and employers in triangular employment relationships will have the ability to add a ‘ More »

Government measures in key jurisdictions: 3rd edition

Duncan Cotterill is a member of TerraLex , one of the largest legal networks in the world, providing access to more than 19,000 legal professionals world-wide. Our role in this global network means we can provide our international clients with easy access to specialised local expertise in almost More »

Immigration border exemption update

The New Zealand government has recently further clarified the exemption to the border closure for 'other critical workers', along with easing restrictions for partners or dependent children of New Zealand citizens or residents who are currently based offshore. Individuals will no longer be More »

What will be the impact of COVID-19 on the construction industry?

Whilst it is difficult to predict with any certainty the impact that the COVID-19 pandemic will have on the construction industry in New Zealand there are some inevitable consequences and concerns already being identified within the industry. The clause references in this article are to the More »

Employment Relations (Triangular Employment) Amendment Act 2019 due to come into force

Summary The Employment Relations (Triangular Employment) Amendment Act 2019 (Triangular Employment Act ) will extend the statutory personal grievance mechanisms to employees who perform work for ‘controlling third party’ organisations. The Triangular Employment Act is due to come into More »

Construction health and safety in Level 1

Following the Government announcement that New Zealand has moved to Level 1 of the COVID-19 lockdown response from 11.59pm on Monday 8 June the protocols relating to construction operations have been updated. Although some of the protocols that were in operation under Levels 3 and 2 have been More »

Hospitality sector update: compulsory arbitration option announced for commercial leases

The Government announced on 4 June 2020 that (after months of political wrangling) it will legislate to ensure businesses that have suffered as a result of the COVID-19 response will get help to resolve disputes over commercial rent issues. The detail released is included in a media release from More »

OIO emergency notification regime to capture controlling investments by overseas persons in any asset class regardless of transaction value

The Overseas Investment (Urgent Measures) Act ( Urgent Measures Act ) was passed into law on 2 June 2020, and came into effect on 16 June 2020. The Urgent Measures Act brings forward some of the changes proposed in the Overseas Investment Amendment Bill (No 2) introduced in March 2020, and also More »

Changes to the Building Act: The Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill

The Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill (Bill) was introduced to the House on 8 May 2020. This Bill contains the proposed changes to the Building Act 2004 (Act) developed as part of the Construction Sector Accord and aim to provide a more More »

Wage subsidy scheme extended

One of the measures included in the government’s budget announcement on Thursday, was an extension of the COVID-19 Wage Subsidy Scheme. The Wage Subsidy Extension payment will be available to support employers from 10 June 2020. This scheme is targeted at employers, including sole traders, More »

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