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 Zealand immigration – what is the situation and will it change next year?

The current situation As this article is published, New Zealand’s unemployment rate sits at a record low, 3.4%. One must look a long way back, to December 2007, to find unemployment figures at the same level. This means that almost every person who is ‘skilled’ and wants to work, More »

The heat is on for climate change – the transition to a lower carbon economy

Global emissions are high and as an island country heavily reliant on primary production and tourism for much of its economic wealth, New Zealand is vulnerable to the economic and environmental impacts of climate change. Agriculture is responsible for nearly 50 per cent of New Zealand’s More »

Crown gets a healthy telling off: Treaty principles and health information privacy

Last week, in well publicised news, the Ministry of Health was the subject of judicial criticism for its failure to respond to a request from a Whānau Ora health agency in a manner consistent with the Treaty of Waitangi principles. The Crown has received wide acclaim over the past 18 months for its More »

Select Committee reports back on the Incorporated Societies Bill

The Select Committee has now reported back on the Incorporated Societies Bill ( Bill ). This long-awaited Bill will replace the outdated Incorporated Societies Act 1908 to establish a modern framework of basic legal, governance, and accountability obligations for incorporated societies and those More »

"Discretionary payments”, bonus schemes and the Holidays Act 2003

Many employers will be breathing a sigh of relief in light of the recent Court of Appeal decision: Metropolitan Glass & Glazing Limited v Labour Inspector, Ministry of Business and Innovation and Employment [2021] NZCA 560. Metropolitan Glass and Glazing Limited (“ Metroglass ”) had More »

Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill

The Government has announced the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill (“ the Bill ”), which will extend the time limit for an employee to raise a personal grievance involving an allegation of sexual harassment. The Bill will More »

Wider restrictions on anti-competitive actions by major market players loom closer

Stronger restrictions on the actions of companies with high levels of market power are coming closer and looking more and more likely. On Tuesday 14 September, the Commerce Select Committee reported the Commerce Amendment Bill ( Bill ) back to Parliament, following submissions, with a More »

Businesses: What can you do under alert levels 2 and 3?

Confused about the rules that apply to businesses in the different alert levels? There certainly are a range of different rules that apply different requirements. This article summarises them, and also the rules for cross-border travel for business purposes. The rules are set out in the COVID-19 More »

Webinar: Immigration law update

In this 48 minute webinar, immigration partner Nicola Tiffen and senior solicitor Reve Anstis cover: The newly announced ‘2021 Resident Visa’ and what this means for visa holders, their employers and their families; The process involved to secure a Critical Purpose Visa as the Partner More »

Vaccinations in the workplace: an overseas perspective

The Employment Relations Authority ( Authority ) in GF v New Zealand Customs Service has provided some guidance on whether an employer can require staff to get vaccinated against COVID-19, as the case became the first piece of litigation to substantively address the issue. Our article on this case More »

AGMs and COVID-19 restrictions

Many entities in New Zealand are due to hold their annual general meeting (AGM) by the end of September. COVID-19 Alert Levels may impact on how these meetings are held. AGM requirements The Companies Act 1993 (Companies Act) requires the board of a company to call an annual meeting of its More »

COVID conundrums: Can an employer require vaccination?

Can an employer lawfully require that a role is only performed by vaccinated staff? Could an unvaccinated staff member have their employment terminated on that basis? This question has been the ‘hot topic’ of the employment law sphere in recent months. Now, the case of GF v New Zealand More »

Level 4: What is an essential service? (updated 8 September 2021)

The country entered alert level 4 at 11:59 pm on Tuesday 17 August for the first time since March 2020. As of Wednesday 8 September, Auckland remains at alert level 4 while the rest of the country has stepped down to alert level 2. Despite three weeks of lockdown, several questions remain as to More »

Immigration law FAQs

Our immigration team have compiled a selection of frequently asked questions and answers, which may be useful for businesses with immigration questions. These are hypothetical scenarios, and the advice is, of course, generalised. Each immigration situation always turns on its own facts. Therefore, More »

Global Legal Insights - Litigation & Dispute Resolution 2021 New Zealand chapter

The firm has contributed a chapter to the Global Legal Insights - Litigation & Dispute Resolution 2021. Litigation & Dispute Resolution 2021 covers key topics including efficiency and integrity, injunctions, cross-border issues, disclosure and privilege, costs and funding, settlement and More »

COVID-19 Resurgence Support Payment

Applications are now open for businesses (including self-employed people) to get the COVID-19 Resurgence Support Payment (RSP). With Auckland planning for at least another week in Alert Level 4, this scheme will provide welcome assistance to struggling businesses. The Resurgence Support Payment was More »

End of Life Choice Act 2019 - what you should know

From November 2021, people who are eligible will have the option to request assisted dying. If you or your family member are contemplating this step, or you are a medical professional who may need to give advice, or you are a lawyer with clients who want to plan for the future, there are a range of More »

COVID-19: Financial support for businesses

We have all been in Level 4 lockdown before – but given the Delta strain is a ‘game changer’, now is a good time to be aware of the support in place for businesses who may be financially impacted. The Government will roll out the Wage Subsidy again, which businesses can apply for More »

Level 4: What is an essential service?

The country entered Alert Level 4 at 11:59 pm on Tuesday 17 August for the first time since the initial Alert Level 4 order of March 2020. Once again, the question of what businesses and services are considered essential has arisen. The Minister for COVID-19 Response has the power to make a COVID- More »

Uber round two – contractor or employee?

Uber drivers in New Zealand are one step closer to having their employment status established, which currently sits in something of a legal grey area. Workers’ unions E tū and First Union have filed a joint claim in the Employment Court seeking a declaration that Uber drivers are employees. More »

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