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.

The complexity of successfully delivering technology projects: NSW's Auditor General's Report on Justice 2017

Technology projects, and the complexity around successfully implementing major technology projects in the public and private sectors, continue to feature. Here is one recent example: The NSW Audit Office issued its 2017 report on the law and order, and emergency services agencies to Parliament on More »

Government announces Ministerial Directive Letter to the Overseas Investment Office

The Government has today announced the issue of a new Ministerial Directive Letter ( Letter ) to the Overseas Investment Office ( OIO ). Whilst the Letter does not come into effect until 15 December 2017, at that date it will be applied to existing, as well as new, applications. The Letter sets out More »

Terms of Reference for Tax Working Group announced

In accordance with its 100 day plan, the Government has today released details of the Terms of Reference for its Tax Working Group to be chaired by Sir Michael Cullen. The Working Group has a broad mandate to look at New Zealand’s tax system. However, in addition particular issues have been More »

Hazardous substances in your workplace - are you complying with the new requirements?

Does your workplace have proper management in place for hazardous substances? Many people don’t even realise that their workplace uses hazardous substances, until they discover that the phrase encompasses any product or chemical that has explosive, flammable, oxidising, toxic or corrosive More »

Sentencing under the new health & safety regime

We are now over one year on from the introduction of the Health and Safety at Work Act 2015 (the Act ). The Act has significantly reformed New Zealand’s health and safety regime. The regime is of significance to the insurance market given the prevalence of insurance cover, commonly bought as More »

A new weapon in the particulars toolbox

A recent High Court decision has sided with defendants when it comes to inadequately drafted pleadings, particularly in the space of defective building/construction claims. Body Corporate 199883 & Ors v Auckland Council [2017] NZHC 2042 is a strike out application by Auckland Council ( Council More »

Have you seen the sign?

New Zealand heads to the polls on 23 September. For the last two months the landscape has been littered with election hoardings: Bill, Jacinda and Winston’s smiling faces have been everywhere on hoardings varying in shape, size, colour and, of course, political message. Many hoardings are More »

Upcoming amendments to the High Court and District Court Rules

On Friday, 1 September 2017, a number of amendments to the High Court Rules and District Court Rules come into effect. The amendments will be of interest to all civil litigation lawyers and parties involved in such disputes before the Courts. Without notice applications The Rules dealing with More »

Contract and Commercial Law Act 2017- implications for insurers

The Contract and Commercial Law Act 2017 (CCLA) comes into force on 1 September 2017, and brings with it an increasing shift towards user-friendly and modernised legislation. What is the CCLA? The CCLA repeals and combines the following commercial statutes into one Act: Carriage of Goods Act 1979; More »

First sentencing under new health and safety legislation

The first sentence under the Health and Safety at Work Act 2016 ( HSW Act ) has just been handed down, in WorkSafe New Zealand v Budget Plastics (New Zealand) Ltd [2017] NZDC 17395. Most people interested in health and safety have been long awaiting the first decision, to see what effect the More »

Greater certainty for residential landlords and tenants: proposed changes to the Residential Tenancies Act 1986

On 4 July 2017 the Residential Tenancies Amendment Bill (No 2) ( Bill ) passed its first reading in Parliament and was referred to the Local Government and Environment Select Committee. The Bill seeks to address three topical issues for residential landlords and tenants: liability for careless More »

Contract and Commercial Law Act 2017

Court of Appeal decision confirms that direct payment agreements can provide protection from voidable transactions

A recent decision from the Court of Appeal, Ebert Construction Ltd v Sanson and Bridgman [2017] NZCA 239, will reassure parties to construction contracts about the validity of a type of three-way financing arrangement known as a “direct agreement” (also known as direct payment More »

BBC gender salary gap highlights need for employers to re-evaluate pay

Recently the BBC revealed the salaries of its highest paid stars, igniting widespread debate around the gender pay gap in public organisations. The salary details, which the BBC was compelled to reveal under its new Royal Charter, revealed that only five of the top twenty earners at the BBC were More »

Repair covenants in leases: get it right

A recent case¹ has again highlighted the importance of clear drafting in relation to lease provisions and the danger of not documenting these correctly, relying on standard forms or covenants implied by statute. One of the common areas for disputes between landlords and tenants both during the More »

Employer's obligations on snow days

With the arrival of snow in the South Island this morning, questions are already being asked about what employer’s obligations are when snow days occur. A key question on the minds of both employers and employees is whether employees can be forced to use annual leave if they do not come into More »

Meth: some certainty in the haze

A new standard - NZS 8510:2017 - brings some clarity to testing and decontamination of methamphetamine contaminated properties. Methamphetamine; meth; "P"; "ice". Whatever you call it, meth is having a significant impact on New Zealand communities. It does not discriminate More »

Earthquake prone buildings – a new era approaches

The new national framework for managing earthquake prone buildings ( EPBs ) is effective from 1 July 2017. This brings with it a national register, new forms of EPB notice that must be displayed prominently on all EBPs and set timeframes for assessment and strengthening. The Building (Earthquake More »

IMF releases “Fintech and Financial Services: Initial Considerations” staff discussion note

Amidst a growing body of global thought leadership on blockchain and distributed ledger technology ( DLT ), the International Monetary Fund ( IMF ) released its "Fintech and Financial Services: Initial Considerations" staff discussion note on 19 June 2017 ( IMF Paper )¹. The IMF More »

Commerce Commission new focus on retail sector off the back of penalties tripling

The Commerce Commission is taking a hard look at the retail sector. Sales campaigns and pricing representations are the Commission’s focus. This follows an increase in the maximum penalties for misleading and deceptive conduct and false representations. Penalties for businesses have recently More »

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