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 Alert Level 4 and Commercial Leases

As the country entered into an Alert Level 4 “lockdown” at 11:59 on Wednesday, 25 March, landlords and tenants of commercial properties are asking questions about what this means for their leases. Under Alert Level 4, many tenants will be unable to run their businesses from their More »

COVID-19: MPI Register for Safe Practice

Primary industries and some suppliers to them have been deemed an essential service, however they will need to follow strict rules to stop the spread of COVID-19. The Ministry for Primary Industries (MPI) is requiring assurances from industries and businesses which intend to continue to operate More »

Commercial cooperation during COVID-19

The Government and Commerce Commission yesterday both issued statements to recognise the greater need for commercial cooperation during the COVID-19 pandemic. The underlying concern is to allay fears that strict competition rules might get in the way of legitimate and common-sense collaboration in More »

Overseas Investment Amendment Bill 2020 introduces Phase II OIO Reforms

The Overseas Investment Amendment Bill 2020 was introduced last week. The purpose of the Bill is to give effect to the amendments identified in Phase II of the Government’s OIO reform (Phase I resulting in the 2018 amendments that brought residential land under the scope of the OIO regime, More »

COVID-19: Rights and remedies in construction contracts

The World Health Organisation has declared the COVID-19 a global epidemic. The impact of this on the construction industry calls for an assessment of contractual obligations and liabilities of principals, contractors and subcontractors alike. Most contracts will include provisions that look to More »

COVID-19: Health and safety obligations

COVID-19 (novel coronavirus) is an infectious disease and a workplace hazard that organisations need to manage like any other health or safety hazard in the workplace. The Health and Safety at Work Act 2015 (HSW Act) imposes duties on persons conducting a business or undertaking (PCBUs), which will More »

Electronic signatures - when can I use them and when can't I?

While many businesses have been signing electronically for some time, the current environment has a number of businesses seeking clarity on what they can and cannot sign electronically. Part 4 of the Contract and Commercial Law Act 2017 ( CCLA ) (previously the Electronic Transactions Act 2002) More »

COVID-19: Capital markets update

New Zealand's capital markets regulators are responding to the impact of COVID-19. Here's what you need to know: NZX Class Waiver - Periodic Reporting The timing requirements for the release of full year and half year results announcements and annual reports can be extended for NZX listed More »

How could COVID-19 affect court proceedings?

Preparations for dealing with COVID-19 are underway in businesses across New Zealand. But what happens to any court proceedings that are currently underway, or are about to be? Existing proceedings? At present, there is no change to existing procedures. All courts are operating normally. The courts More »

Insurance cover for buildings: English appeal case on assessing the measure of and timing of payment under a material damage policy

Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 The English Court of Appeal has provided principles for calculating the measure of indemnity where a building has been destroyed or damaged. The judgment was given by Lord Justice Leggatt, who has extensive More »

Construction supply chain impact of coronavirus

As the impact of Coronavirus spreads to global supply chains and begins to impact the construction industry overseas, it is only a matter of time before the impact will be felt here in New Zealand, particularly due to the widespread use of materials imported from China in our construction industry More »

Immigration update and its interplay with employment law

It has been announced that over the next 14 months, Immigration New Zealand will be making comprehensive changes to the way in which New Zealand employers recruit migrants. Currently, there are six different temporary work visa pathways by which migrants can secure a work visa. By 2021, these More »

The Fair Trading Act – how far can you contract out?

The Fair Trading Act ( the Act ) imposes various obligations upon those in trade to contribute to a trading environment in which consumer interests are protected, businesses compete effectively and consumer and businesses participate confidently. In 2014, changes were made to the Act to allow More »

Data duties – reporting obligations for privacy breaches on the way

Privacy law in New Zealand will be overhauled shortly with the Privacy Bill ( the Bill ) set to come into force on 1 March 2020. The Bill will replace the 25-year-old Privacy Act to bring the law into line with international developments following two and a half decades of rapid technological and More »

No more nominations – Chartered Accountants ANZ nomination clauses now defunct

A feature of many commercial agreements are clauses that create a mechanism by which something may be valued in the future, a dispute may be settled, or other decisions made. This can involve a nominated third-party making a decision that binds the parties. A common example of this type of clause More »

Navigating international trade – the importance of the contract

New Zealand is a trading nation. The New Zealand economy, and our daily lives, are dependent on exports and imports from all around the world. When a dispute arises in relation to an international contract, unique legal issues that are not encountered domestically become relevant. Effectively More »

Issues Coronavirus may create in a workplace

As many of you are now well aware, there has been a novel strand of the Coronavirus identified in humans for the first time. The new strand, known as (2019-nCoV) ( the Coronavirus ) was first reported in Wuhan, China on 31 December 2019, but has rapidly spread throughout the world, causing the More »

The Privacy Commissioner has recently released guidance on a complainant

The Privacy Commissioner has recently released guidance on a complainant’s right to information in workplace bullying matters. Individuals are entitled to access information about them held by agencies under Principle 6 of the Privacy Act, including evidence and findings compiled from a More »

Construction Sector Transformation Plan

On 26 January 2020 the Government released the three year Construction Sector Transformation Plan (Plan) which aims to ease the delivery of the workforce and productivity gains needed to boost the construction sector and deliver the recently announced infrastructure projects. According to the More »

Changes to Consumer Credit Legislation - further information

The Credit Contracts Legislation Amendment Act 2019 ( Act ) became law on 19 December 2019. The Act amends the Credit Contracts and Consumer Finance Act 2003 ( CCCFA ) and introduces some significant changes which will affect all lenders providing consumer credit in New Zealand. In addition More »

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