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.

Incorporated Societies Act 2022 – frequently asked questions

When does the Incorporated Societies Act 2022 (2022 Act) come into force? The 2022 Act received royal assent on 5 April 2022 and came into force on 6 April 2022. However, some regulations under the Act need to be developed before societies can reregister under the new regime. It is anticipated that More »

Environmental due diligence – buying or selling a farm

Farms are significant assets, so when it comes to buying or selling a farm extra care should be taken to ensure that you get the best value for money. This article sets out some of the key considerations for buyers and sellers of farming operations. Whether you are looking at a small or large-scale More »

How should you manage professional risk?

As the business environment becomes increasingly regulated, professionals face a higher risk of civil proceedings and complaints to disciplinary bodies. These processes are expensive, time-consuming and stressful. There are three important steps every professional should take to mitigate risk and More »

Webinar: Practical approaches to insolvency risk in construction projects

Understanding and managing the key risks in a construction project is more important than ever and becoming increasing more difficult in the current rapidly changing market. In this one hour webinar, Duncan Cotterill commercial Partner Julia Flattery and litigation Special Counsel Jonathan Forsey More »

Spotlight on COVID-19 related judicial review cases

Prepared by Jonathan Scragg 1 , June 2022 Introduction The COVID-19 pandemic has dominated the landscape in Aotearoa New Zealand, and globally, for more than two years. The pandemic has touched everyone, directly for those who have been infected by the disease, and indirectly, forcing changes upon More »

Incorporated Societies Act - what societies will need to do, and by when

The Incorporated Societies Act 2022 ( Act ) came into force on 6 April 2022. There are some key dates for all incorporated societies to be aware of as the Act takes effect: Draft regulations are expected around April 2023 (with a consultation document expected around August 2022 ). The regulations More »

District Court decision clears NEMA of Health and Safety breach - clarifies intention of Act

The recent health and safety decision, WorkSafe New Zealand v National Emergency Management Agency [2022] NZDC 8020, will be of interest to those who have been following the aftermath of the eruption on Whakaari White Island. It also contains an important clarification of the Health and Safety at More »

New Retail Payment System Act paves way for extensive changes to credit card payment processes

The Retail Payment System Bill passed its third reading in the House on 11 May 2022 and received Royal assent on 13 May 2022 to become law. The Retail Payment System Act 2022 (Act) introduces a range of measures which the Government says will promote competition and economic efficiency in the More »

Requiring employees to return to work post-COVID-19

Tesla CEO Elon Musk recently caused a stir when he reportedly told employees to report to their assigned offices for at least 40 hours per week, saying in an internal memo “ if you don’t show up, we will assume you have resigned ”. Last year prolonged lockdowns and the incursion More »

The future of immigration - Productivity Commission releases recommendations for long term settings for immigration

The New Zealand Productivity Commission has completed an inquiry into New Zealand’s immigration settings, which considered the effects of immigration on the labour market, housing and associated infrastructure, and the natural environment. The review considered many higher-level issues, More »

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 »

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