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.

Duncan Cotterill advises on the first enforceable undertaking under the new health and safety law

Duncan Cotterill was proud to be involved in securing the first enforceable undertaking under the new Health and Safety at Work Act 2015 ( HSWA ), reinforcing our position as market leaders in this field. In April 2016, shortly after the HSWA came into force, there was an incident at an Auckland More »

"Ransomware" - cyber security and practical tips

WannaCry is the computer malware "worm" that has been infecting computer business systems around the world in the last few days. It reportedly attacks a vulnerability in Microsoft Windows operating systems and locks users out of their own computer systems, demanding a ransom of about $300 More »

Part 2 - Smart contracts, blockchain and distributed ledger technology: implications for business

Introduction Smart contracts, blockchain and distributed ledger technology ( DLT ) are new technologies with the potential to radically transform our economic and social systems. In Part I of this article, we outlined smart contracts, blockchain and DLT, and what the potential benefits of each are More »

Part 1 - Smart contracts, blockchain and distributed ledger technology: implications for business

Introduction The legal sector needs to be aware of smart contracts, blockchain, distributed ledger technology (DLT) and the underpinning technology. It is part of a huge wave of transformational technology change that is already affecting the banking, financial services and payments industries, and More »

Construction contracts retentions - a new regime from 31 March 2017

On Friday 31 March 2017 an important amendment to the Construction Contracts Act 2002 ( CCA ) comes into force. This amendment introduces a new retention scheme, designed to safeguard retention money in the event of insolvency of the holding party. The scheme will apply to a commercial construction More »

Beneficiary access to trust information - the final word from the Supreme Court

Trustees are frequently confronted with requests for information from beneficiaries concerning the administration of a trust. Whether there is an overriding entitlement to trust information has now been answered by the Supreme Court and guidance issued to trustees. We anticipate this will be the More »

Judgment summary - Paul Geoffrey Myall v Tower Insurance Ltd [2017] NZHC 251

This recent earthquake judgment considers three issues: do the specified building materials and construction methods comply with the policy, particularly given the heritage qualities of this home; are the cost allowances for matters such as contractor's margins and professional fees appropriate More »

Contempt of court - still relevant in the age of new media

In the age of Twitter, Facebook, and Instagram, the idea that all possible information might not be immediately made available to the world at large seems quaint. Indeed, the first instinct of many people on reading that a court has suppressed an accused’s name, or some information about the More »

Adjudication of disputes under the Construction Contracts Act

The Construction Contracts Act 2002 ( Act ) establishes a complete process for the speedy adjudication of a dispute between the parties to the construction contract. Initiating adjudication proceedings This process can be instigated by either party, and is an alternative to using the court system, More »

Overseas investment: New exemptions introduced by the Overseas Investment Amendment Regulations (No 2) 2005

New class exemptions to the Overseas Investment Act 2005 ( Act ) have recently been introduced and came into force on 1 February 2017.The exemptions will only apply to transactions that occur after 1 February 2017. The new exemptions add to the list of exemptions already contained in the Overseas More »

The payment claim process under the Construction Contracts Act

The Construction Contracts Act 2002 ( Act ) governs all construction contracts that relate to the carrying out of construction work in New Zealand, whether the contract is in writing, verbal, or a mixture of both, and whether it is for commercial or residential construction. Terms of payment The More »

Judgment summary - Young v Tower Insurance Ltd [2016] NZHC 2956

This recent earthquake judgment considers three important issues: what are the implications of a policy including the requirement to use construction methods commonly used at the time of the loss or damage; whether exemplary damages could be claimed; and is there an implied duty of good faith in More »

Judgment summary - Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2016] NZSC 158

This is an appeal from the High Court’s judgment in Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2015] NZHC 1444 and the Court of Appeal’s judgment in Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2016] NZCA 67, [2016] 2 NZLR 750. The issues before the Supreme More »

A summary of the Construction Contracts Act

The Construction Contracts Act 2002 (the Act ) was enacted with three specified purposes: to facilitate regular and timely payments between the parties to a construction contract; to provide for the speedy resolution of disputes arising under a construction contract; and to provide remedies for the More »

Another step toward new legislation for trusts

Following the Law Commission's report in 2013 recommending that New Zealand's trust legislation be updated, the Ministry of Justice has released an exposure draft of a new Trusts Bill. The new legislation aims to restate the existing law, while providing clarity and updating the language. More »

Law change will make it easier for women to file pay equity claims

On 24 November 2016, the Government announced it will change the law to make it easier for women to file pay equity claims with their employers, rather than having to go through the courts. In October 2015, the Government established a Joint Working Group to develop and recommend pay equity More »

Royal Hotel - three strikes, but not out

The Alcohol Regulatory and Licensing Authority ( Authority ) has recently issued its decision in Elliott v Black Cat Hotels Limited [2016] NZARLA PH 381-382. The Authority elected to suspend rather than cancel an on-licence and associated manager’s certificate under the “three strikes More »

Earthquake update: key issues businesses need to consider

Business interruption The most relevant types of insurance for affected businesses will be material damage cover (which applies to physical damage to property) and business interruption cover (which applies to financial loss consequent on physical damage to property). Business interruption More »

Franchisors concerned of accessorial liability for franchisee misconduct in Australia. Is there a similar climate for potential liability to exist in New Zealand?

The 7-Eleven case in Australia made international headlines in relation to the widespread exploitation of workers by a number of franchisees who were systematically failing to provide their workers with minimum entitlements. The breaches of minimum standards in this case were extensive and affected More »

Successful succession planning for SMEs

This resource has been collated from the Institute of Directors panel event on succession planning, hosted by Duncan Cotterill. Our panellists have provided guidance for directors assisting owners, managers and shareholders with succession planning in small and medium size businesses. Why is More »

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