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.

Supreme Court releases decision on breach of directors’ duties

The Supreme Court has issued a new decision, Madsen-Ries and Levin as Liquidators of Debut Homes Limited (in liquidation) v Cooper [2020] NZSC 100, reviewing the law relating to breaches of directors’ duties. The decision sets out important guidance for company directors and their advisors More »

Upcoming election: Major and minor parties employment policies

With the upcoming election, the vast majority of the focus has been upon the policies being put by the two major parties and how they stack up against each other. However, New Zealand is a Mixed Member Proportionate system and so whether the New Zealand National Party (National) or New Zealand More »

Business interruption insurance and COVID-19

In the United Kingdom, the Financial Conduct Authority (FCA) brought a test case on behalf of insurance policy holders against a group of six insurers to obtain clarity as to the operation of business interruption insurance for claims arising out of the COVID-19 lockdown. The circumstances of the More »

Government measures in key jurisdictions: 4th edition

Duncan Cotterill is a member of TerraLex, one of the largest legal networks in the world, providing access to more than 19,000 legal professionals world-wide. Our role in this global network means we can provide our international clients with easy access to specialised local expertise in almost any More »

In a $2m+ judgment Court clarifies payment schedule requirements under the Construction Contracts Act 2002

The recent High Court ruling in The Fletcher Construction Company Limited v Spotless Facility Services (NZ) Limited [2020] NZHC 1942 has clarified the requirements for valid payment schedules under the Construction Contracts Act 2002 (the Act) . A payment schedule is the mechanism by which a More »

Timely relief - visitor visa extensions

The Government has announced that certain individuals who currently hold a visitor visa which is due to expire between 4 September 2020 and 31 October 2020 (and are in New Zealand), will shortly be receiving a 5-month extension to their visas. Earlier in April, the Government extended temporary More »

Changes to the Business Finance Guarantee Scheme

It has been six months since New Zealand entered Alert Level 4 lockdown and New Zealand businesses continue to grapple with the stress and financial uncertainty wrought by COVID-19. The recent resurgence of COVID-19 in New Zealand and changes to COVID Alert Levels has compounded the uncertainty More »

Paying employees during a lockdown: Raggett v Eastern Bays Hospice Trust t/a Dove Hospice [2020] NZERA 266

A big question most employers have had to grapple with during the COVID-19 lockdowns has been whether employees were ‘ready, willing and able’ to work and what this means for their pay entitlements? Since the original lockdown, we have seen a number of cases which deal with this More »

Video: NZ Hi-Tech Awards 2020 sponsor video

Click here to view our NZ Hi-Tech Awards 2020 sponsor video presented by Wellington technology partner Scott Moran . Our specialist technology team advises a range of private and public sector organisations who purchase IT services and manage IT projects which are large scale and complex. We also More »

COVID-19 Resurgence Wage Subsidy (RWS)

The COVID-19 Resurgence Wage Subsidy (RWS) is a new Wage Subsidy category for businesses who are financially impacted by the resurgence of COVID-19 and changes to COVID Alert Levels. Applications for the RWS are open from 1pm on 21 August until 3 September 2020. The RWS is available nationally and More »

COVID-19 update as of 17 August 2020

There are currently 78 active cases of COVID-19, 58 of which are from community transmission. 56 are connected to the Auckland cluster (with the other 2 presumed to be). Due to the impacts of COVID-19 New Zealand’s new election date is 17 October 2020. Alert levels The Auckland region is in More »

Privacy considerations for Covid-19 contact tracing registers and tools - August 2020

With the re-emergence of “community transmission” of Covid-19 in August 2020, and the associated change to Level 3 in Auckland and Level 2 in the rest of New Zealand, businesses are now required to do more to help facilitate effective contact tracing. While compliance is mandatory, we More »

COVID-19 cases begin to make their way through the Authority

A number of cases concerning COVID-19 employment issues have begun to move their way though the Employment Relations Authority. Recent determinations have explored redundancies, paying employees at “80%”, the minimum wage and issues surrounding pay during the lockdown. Our employment More »

Bonuses and holiday pay? Metropolitan Glass & Glazing Limited v Labour Inspector, Ministry of Business and Innovation and Employment [2020] NZEmpC 39

Short term incentive and bonus payments ( STI ) are common among New Zealand businesses. In Metropolitan Glass , the Employment Court was asked to consider whether the STI were “ discretionary payments ” or “ gross earnings ” under the Holidays Act 2003. This distinction is More »

Who owns IP developed in the course of an employment or contracting relationship?

This interesting case decided last week reminds creatives, especially in design and architecture fields, to make sure they understand who owns any IP developed in the course of an employment or contracting relationship. For employees and employers in creative fields, the starting point is to ensure More »

Residential Tenancies Amendment Bill – summary of key changes

The Residential Tenancies Amendment Bill passed under urgency on 5 August 2020. It will now be sent for Royal Assent to become law. The Bill makes significant changes which landlords of residential properties will need to be aware of. These changes are due to come into force six months after the More »

Reducing fines on statutory liability RMA offending, where both a company and employee are charged

Insurers may be able to save money on fines under the Resource Management Act 1991 ( RMA ), where Councils pursue charges against both small companies and employees. If insurers systematically argue the corporate veil should be lifted to avoid double punishment of people closely associated with More »

Reducing fines for statutory liability RMA offending – discount for guilty plea

A recent Court of Appeal decision in the criminal context has modified the Court’s approach to calculating guilty plea discounts. If insurers ensure the decision is systematically applied to all Resource Management Act 1991 ( RMA ) sentencings, where fines are covered by statutory liability More »

Have you seen the sign?

On 19 September 2020, New Zealanders will head to the polls. They will be casting their votes at the ballot not just in the General Election but also on two highly charged political and social issues: cannabis and euthanasia law reform. In the lead up to the General Election, the landscape has More »

The new Privacy Act 2020 – what you need to know

After a lengthy parliamentary process, the Privacy Bill received Royal Assent on 30 June 2020 to become the Privacy Act 2020 ( the Act ). This completes the long-anticipated overhaul of New Zealand’s privacy law. The Act repeals and replaces the Privacy Act 1993 to more closely align the law More »

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