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.

Public Inquiry into the Earthquake Commission

The Report of the Public Inquiry into the Earthquake Commission , chaired by Dame Silvia Cartwright, was tabled in Parliament on 9 April 2020. The Public Inquiry The Public Inquiry began its work in November 2018, under terms of reference which required it: “to investigate and report on the More »

COVID-19: Restructuring and redundancies

COVID-19 will undoubtedly have a significant impact on businesses in New Zealand and will naturally result in many employers needing to look at restructuring and redundancies. Government COVID-19 wage subsidy The Government is offering a wage subsidy to assist employers who are struggling with the More »

COVID-19: Immigration update

Does an employer have to pay the subsidy (and/or more) to an employee who is struck overseas? The COVID-19 pandemic has stranded tens of thousands of people, with border closures here in New Zealand and overseas. The New Zealand border is closed to most travellers but New Zealand citizens and More »

Guide to insolvency law changes during COVID-19

The Government has announced substantial changes to the Companies Act 1993 ( Companies Act ), which are designed to support businesses struggling as a result of the impact of COVID-19 and the Level 4 Government-imposed lockdown. The aim of these changes is to preserve business and to help companies More »

Guide to business support initiatives during COVID-19

New Zealand businesses are facing unprecedented risk and financial uncertainty due to COVID-19. A significant aspect of this financial distress relates to the legal status of debts during the lockdown period – both as a creditor and a debtor. While the Government’s official advice has More »

COVID-19 Essential Workers Leave Support

On Monday, 6 April 2020 applications opened for the Government’s COVID-19 Essential Workers Leave Support scheme. This scheme is available for essential businesses to pay their employees who: Cannot come into work because Ministry of Heath guidelines recommend they stay at home; and Cannot More »

COVID-19 and construction contracts

As of 26 March 2020 it is only essential services on site construction work that is permitted to continue. This is defined as works which: relate to essential services e.g. hospitals and supermarkets; relate to critical infrastructure; or are needed to maintain human health and safety at home or More »

Tax issues that may arise on renegotiation of leases

Commercial landlords and tenants across New Zealand are currently negotiating changes to lease terms, including in relation to rents. While tax considerations are unlikely at the present time to be a priority, the outcome of these negotiations may have a tax timing impact and be either advantageous More »

COVID-19 and data protection: What you need to know (updated)

New Zealand businesses are facing unprecedented challenges during the COVID-19 pandemic. As we adapt to Alert Level 4, it is important to remind ourselves that, while privacy laws do not hinder measures taken in the fight against COVID-19, even in these exceptional times, businesses must ensure the More »

COVID-19: Level 4 Essential Services (updated)

With the country now under Level 4 of the COVID-19 pandemic levels at 11.59pm on Wednesday 25 March, the question of what is now an essential service (and relatedly, an essential business) is crucial. All non-essential businesses must now be closed and all New Zealanders not in essential services More »

Important updates to the Government’s COVID-19 Financial Support Package

As the country adjusts to Alert Level 4, the government has made further announcements regarding its COVID-19 financial support package. These include important changes to the wage subsidy scheme announced on 17 March . Here, we set out the key changes which may affect your business. Further More »

COVID-19: Update for our farming clients

Farming is considered an essential service and is permitted to continue to operate over the lockdown period. Maintaining the supply chain is important for both New Zealand and the export market. The Ministry for Primary Industries (MPI) requires all businesses of more than five or more people ( More »

COVID-19: Effects of Epidemic Management Notice on temporary visa holders

With the recent declaration of a State of National Emergency, the New Zealand Government has issued an Epidemic Management Notice in relation to immigration matters, the effect of which will come into force on Thursday 2 April 2020. The intention of the Epidemic Management Notice is to address the More »

COVID-19: Environmental compliance

How does lockdown impact your responsibilities as a resource consent holder? Relevant industries: Construction, Quarrying, Industrial, and Farming With Alert Level 4 restrictions now in place – and only 48 hours to prepare for lockdown – questions arise for those operations that are not More »

COVID-19: Parenting through lockdown

The Government’s announcement that New Zealand would be entering a nationwide lockdown for at least four weeks has created significant uncertainty for families with shared care arrangements. The message from the Government has been clear; movement of people needs to be reduced and contact More »

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 »

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