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.

Trade mark invoicing scam – what you can do if you are affected

Overseas company, TM Publisher has been sending invoices to New Zealand businesses offering to publish their trade mark applications/registrations in a ‘directory’ for $1,638. The directory is fictitious and the Commerce Commission has been investigating this practice (see the More »

New health and safety laws - key principles for principals (and others involved in schools)

The Health and Safety at Work Act 2015 (HSW Act) is now in force. There has been a lot of concern over how the HSW Act will affect how schools operate, particularly in relation to playgrounds. So what do the people who work in or with schools need to know? What does the HSW Act say? The aim of the More »

Are you a residential landlord? What you need to know about the new health and safety regime

The Health and Safety at Work Act 2015 ( HSW Act ) sets out duties for any person conducting a business or undertaking ( PCBU ) to ensure the health and safety of its workers and any other workers whose activities are influenced or directed by it, and to ensure that the health and safety of any More »

Crowd funding and small offers – what are the unintended consequences for issuers?

Since first emerging overseas in 2008 after the Global Financial Crisis, the global crowd funding market has experienced strong growth reportedly raising over USD16 billion in 2014 and USD34 billion in 2015[i]. In New Zealand while traditional donation based crowd funding, such as the well- More »

Charitable trusts – what you need to know

If you are thinking about establishing a charitable trust to promote a cause that you support, it’s important to start with the fundamentals. You will need to consider: Why you want to set up a charitable trust; Who or what the Trust is going to benefit; What activities the Trust is likely to More »

Workplace bullying – what are my obligations?

Employer and employee obligations Under the new Health and Safety at Work Act 2015 (HSW), a person conducting a business or undertaking (a PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while at work. This includes protecting workers More »

Holler v Osaki [2016] NZCA 130 – Liability for residential tenants clarified

The long awaited Court of Appeal decision on the liability of residential tenants has arrived – good news for tenants and their insurers, but not so good for insurers of landlords seeking to make recoveries. What this case does is to provide a fresh perspective on the application of the More »

Getting Married? You need to read this

Amid the exhilaration of pending nuptials, couples often overlook important legal ‘housekeeping’ matters that should be attended to prior to the big day. Here are two items to add to your ‘to do’ list: Your will But I already have a valid will, you say… The law makes More »

The Health and Safety at Work Act - Rising fines for health and safety prosecutions

In a recent decision in the District Court, a fruit and vegetable processor, Prepared Produce Ltd was sentenced in relation to three incidents. All three incidents occurred within the space of 18 months, and all involved the amputation of fingers of workers operating belt slicer machines. Prepared More »

The Health and Safety at Work Act - Co-operation with WorkSafe investigations

A recent prosecution by WorkSafe has been a timely reminder of the requirement not to obstruct an investigation into an incident. Eric Gerritsen ran a business providing amusement rides, including a large inflatable slide which was approximately 12 metres high. At the Masterton A&P Show the More »

The Health and Safety at Work Act - Prosecution of directors and officers

The Health and Safety at Work Act 2015 (HSW Act) places new stand-alone duties on an officer, so that a director or officer can be charged independently of the person conducting a business or undertaking (PCBU). Officers of a PCBU include the directors of a company and partners of a partnership, More »

The Health and Safety at Work Act 2015

Next week, on Monday, 4 April, the long-awaited Health and Safety at Work Act 2015 (HSW Act) comes into force. The HSW Act places obligations on everyone in a workplace to take care of their own health and safety, and the health and safety of others. These duties apply to: a person conducting a More »

Supreme Court releases decision in Clayton v Clayton - but is it the last word on relationship property and trusts?

The Supreme Court has released its eagerly awaited decision in Clayton v Clayton , a case involving disputes about relationship property matters and the validity of trusts, following the dissolution of a marriage. The principal issue for the Supreme Court to consider was whether the powers that Mr More »

In the press: P contamination in residential homes

This week the Herald highlighted the increasing problem of P contamination in residential properties throughout New Zealand. The Herald went as far to argue it could rival the leaky homes disaster, and whether or not this is true, the issue is seemingly on the rise. Housing New Zealand spends $12 More »

The new health and safety regime - what does it mean for the farming industry?

The new Health and Safety at Work Act 2015 ( HSW Act ) is now less than a month away from being in force. If you haven’t yet caught up on the changes in the way health and safety will be dealt with, this is now the time to get all of your procedures and processes in place. The main things More »

Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2016] NZCA 67

This is an appeal from the High Court’s judgment in Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2015] NZHC 1444. The primary issue before the Court of Appeal was whether a settlement entered into by the insured and insurer can be reopened, or whether the insured assumed the More »

Holiday pay – are you paying your employees correctly?

The government has recently announced a payroll blunder that has left thousands of MBIE state sector workers underpaid. The same issue affected the NZ Police and cost them $30 million to fix. The root of this problem is likely to be widespread across many private businesses. Your business could be More »

Update on the Replacement Christchurch District Plan

The Independent Hearings Panel is continuing to make progress towards the proposed Replacement Christchurch District Plan (“Replacement Plan”) becoming operative. With plenty going on at the end of 2015, and much having happened in the first few weeks of 2016, now is an opportune time More »

Charities and volunteer associations – What you need to know about health & safety laws

The Health and Safety at Work Act 2015 (HSW Act) is now officially law, and will come into force on 4 April 2016. If you are involved with running a charity or any other organisation with volunteers, or if you do volunteer work yourself, you need to know how the HSW Act will affect you. What does More »

Resource management - Overseer update

Overseer has been widely accepted by regional councils as the tool to use for understanding the flow of nutrients on and off a farm. In particular, Environment Canterbury has recognised Overseer as the applicable model to be used when considering nutrient issues under the Regional Plan, or resource More »

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