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.

New GILC Cyber Insurance report: cyber risk growing on an exponential scale

The Global Insurance Law Connect (GILC) has released its first ever Cyber Insurance report with expert commentary from global law firms including Duncan Cotterill. Law firms from 19 countries described the critical issues in cyber crime and how the insurance industry is responding to it as the More »

New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 passes

New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (Act) passed its third reading and received Royal assent on 29 August 2022 to become law. The Act (as enacted) is now in force and provides a process for the Government and House of Representatives to respond to a More »

Unconscionable, unfair… unclear? Getting to grips with new unfair conduct provisions in the Fair Trading Act

Recent amendments to the Fair Trading Act 1986 have introduced several changes affecting businesses , including a new prohibition against unconscionable conduct in trade and extending the existing unfair contracts regime (introduced in 2015 for standard form consumer contracts) to include business- More »

Limitations for urban development on highly productive land

The Government released a National Policy Statement for Highly Productive Land ( NPS-HPL ), which came into force on 17 October 2022. The NPS-HPL’s objective is to enhance protections for New Zealand’s most productive land, providing security for both domestic food supply and primary More »

Tax relief for ‘build-to-rent’ properties announced

The Government has proposed that ‘build-to-rent’ investors will get an exemption from the interest deductibility limitation rules provided they meet certain conditions. The current interest limitation rules were introduced by the Government in March 2021. To ensure continued investment More »

Overseas Investment (Forestry) Amendment Act 2022 passes final reading

Overseas investors will now be tested more stringently when looking to convert land into new production forestry. The Overseas Investment (Forestry) Amendment Act 2022 (Act) came into force on 16 August 2022, after receiving Royal assent. The Act amends the Overseas Investment Act 2005 to remove More »

Current trends of cyber risk in New Zealand – the role of risk management and insurance

Over the last two years New Zealand (NZ) insurers have seen a significant increase in the number of notifications and claims for cyber attacks. In this article we identify what cyber risks Kiwi businesses are currently facing, how businesses can manage this risk, and what cyber insurance can do to More »

Amendments to the Electricity Industry Act: suite of changes bolsters the Electricity Authority and introduces new consumer protection objective

The Electricity Authority’s role is expanded under the Electricity Industry Amendment Act 2022 (the Amendment Act ) to include protecting the interests of domestic and small business consumers. The Amendment Act makes changes to the Electricity Industry Act 2010 (the Act ) and the Electricity More »

Have you seen that sign?

From 16 September until 8 October 2022, New Zealanders will head to the polls to cast their votes at the 2022 Local Elections. The key difference this year is local elections will no longer include District Health Board elections, with these having been replaced by Health New Zealand. In the lead More »

How school boards can ensure good governance in times of change

With school board elections being held, members of school boards are turning their minds to how they can ensure good governance at their school with potentially new members. Establishing a Code of Conduct and succession planning will help to ensure consistent and effective governance. Why it More »

Some order for the class?

Law Commission recommends formal frameworks for class actions and litigation funding A roadmap for the courts and parties regarding class actions and litigation funding in Aotearoa | New Zealand now appears much closer. Following an extensive two-year consultation period, the Law Commission has More »

Pulling its punches: Does the Commerce Commission’s draft report of the residential building industry address the key issues?

Significant changes to regulation of the residential building supply sector are proposed by the Commerce Commission in its current study of the sector, but they may not address key underlying issues. What are the key findings in the Commerce Commission draft report? The Commission’s More »

WorkSafe New Zealand ordered to pay company over $158,000 for failed prosecution

The recent health and safety decision, WorkSafe New Zealand v Mount Somers Sand Ltd [2021] NZDC 16270 will be of interest to all organisations managing risks to health and safety in-house, and to those who may wish to seek costs in the event of an unsuccessful prosecution by a regulatory agency More »

Webinar: Immigration law update (Accredited Employer Work Visa)

The reopening of New Zealand’s borders is particularly welcome for organisations wanting to recruit staff from oversees. Before undertaking recruitment again, it’s timely to get reacquainted with the relevant immigration legislation and recent developments. In this webinar Duncan More »

Google not guilty of defamation for providing link to defamatory news article

In a decision released on 17 August ( Google LLC v Defteros [2022] HCA 27), the High Court of Australia has decided that Google did not publish defamatory material by providing search results, which included a link to a webpage containing a defamatory statement. Google is therefore not liable for More »

Commerce Commission decision highlights cartel issues for franchises and rigorous test for collaborative activities

Franchisors and franchisees need to be awake to the risks of entering into illegal cartels, a recent Commerce Commission decision has highlighted. The decision also highlights the high level of rigour needed in applying the collaborative activities exemption to the cartel prohibition. The More »

Protecting privacy when developing apps targeted at children

Protecting privacy is an important part of being in business, and is one of many things to factor in when developing a mobile app. Privacy protection is especially important if your app will collect personal information from children, in which case there are additional requirements and precautions More »

Global Legal Insights - Litigation & Dispute Resolution 2022 New Zealand chapter

The firm has contributed a chapter to the Global Legal Insights (GLI) - Litigation & Dispute Resolution 2022 (11th Edition). GLI Litigation & Dispute Resolution 2022 covers key topics including efficiency and integrity, injunctions, cross-border issues, disclosure and privilege, costs and More »

Privacy obligations in the cloud

Cloud computing offers significant benefits to businesses and organisations in terms of scalability, availability, and cost. However, entities that store information in the cloud still have responsibilities for that information under the Privacy Act 2020. A business or organisation that stores More »

Video: NZ Hi-Tech Awards 2022 sponsor video

Duncan Cotterill is the sponsor of the Most Innovative Hi-Tech Software Solution category at the 2022 NZ Hi-Tech Awards . Our sponsor video was broadcast at the Awards event in Wellington on Friday 5 August 2022. As a full-service law firm, we can support our technology clients with employment, More »

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