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.

Franchisor in New Zealand recently fined for misleading conduct – ice cream or frozen yoghurt?

This case serves as a reminder to local and international retailers, to be wary of what representations they make in New Zealand about their products and to ensure they meet all standards required. Especially for standards that can be complex or in this instance health related, it is imperative More »

Facebook Marketplace launches in New Zealand – consumer rights at law or a virtual handshake?

The addition of Facebook Marketplace into the online auction space in New Zealand provides a useful point at which to remind ourselves of the law that applies in this area, and to think about what practical things can be done to protect ourselves when transacting through these sites. Online More »

Legislation to modernise New Zealand's court system passed by parliament

Parliament has passed a package of legislation to modernise New Zealand’s court system. The majority of the changes will come into force on 1 March 2017. The High Court The Senior Courts Act 2016 replaces both the Judicature Act 1908, which currently governs the High Court and the Court of More »

Enforceable undertakings as an alternative to prosecution

The Health and Safety at Work Act 2015 ( HSW Act ) provides a range of options for WorkSafe when they are investigating a contravention of the HSW Act. One of those options is for the duty holder to give an enforceable undertaking. An enforceable undertaking is a legally binding agreement between More »

WorkSafe issues strategic plan on health in the workplace

WorkSafe has issued a strategic plan for work-related health , outlining their plan for a New Zealand where, ultimately, fewer people experience work-related ill-health. Each year an estimated 600 to 900 people die of work-related diseases. This equates to around 15 people per week. Although people More »

Workplace bullying - also a health and safety problem

An Australian carpenter, Wayne Allan Dennert, has been convicted of bullying his teenage apprentice, after charges were brought by Worksafe Victoria under their health and safety legislation. The bullying of the apprentice was particularly egregious, including: a live mouse being put down the back More »

Rising fines for health and safety breaches in Australia

A recent health and safety prosecution in New South Wales has resulted in a total penalty of over half a million dollars. The new Health and Safety at Work Act 2015 ( HSW Act ) means that this sort of penalty could be on the way in New Zealand. The case in Australia involved the prosecution of both More »

Decision of Note: Court of Appeal scales back rules for employment investigations

This week the Court of Appeal handed down its decision in A Limited v H [2016] NZCA 419, allowing the appeal against the Employment Court’s decision in H v A Limited [2014] NZEmpC 189. The decision is significant because it clarifies the expectations on an employer when carrying out More »

90 day trial period strikes again….. How to make sure you get it right

Flaws in the use of trial periods hit the media again this week with several employees successfully arguing that their trial periods were not valid because they didn’t contain a start date. This follows another recent case which held that the employee’s termination under the trial More »

Kiwisaver funds - should they be available to pay a bankrupt's debts?

The Ministry of Business, Innovation and Employment (MBIE) is seeking views on how a bankrupt’s retirement savings should be treated, and whether the funds should be made available to repay creditors. This review follows last year’s Court of Appeal decision ( Trustees Executors Ltd v More »

Absentee farm ownership and Resource Management Act (RMA) prosecution risk – is it worth it?

Many farm owners who have someone else running their farms still end up facing Resource Management Act prosecutions or enforcement investigations even if they were nowhere near the property when the incident happened. This then comes as a double shock, given that the decision only to invest in a More »

Tax and the Resource Management Act (RMA): How recent plan changes could influence your tax responsibilities

District plans are undergoing review all over New Zealand. From Invercargill to the Far North, land is being rezoned, which changes what can happen as a permitted activity on the property. This has obvious consequences for land use, however there is a less obvious tax implication which all property More »

Keeping control of your water compliance

There have been several articles in the media recently (see for example here and here ) in relation to ECan’s lack of response to breaches of water take consents. In particular, there is a real focus on the non-compliance of over 500 users (around 9% of all water consents held in Canterbury) More »

Judgment summary - Court of Appeal declines attempt to overturn DOCA

Cargill International v Solid Energy New Zealand Ltd and others [2016] NZHC 1817 The attempt by a creditor to overturn the deed of company arrangement entered into by creditors of Solid Energy has been unsuccessful. This is an important decision as it is one of the few decisions in this area, was More »

What landlords need to know about the new Residential Tenancies Amendment Act 2016

The Residential Tenancies Amendment Act received royal assent on 2 June 2016. The Amendment Act means that every rental property will have to be insulated by July 2019 and as of the 1st July this year, every new tenancy agreement must state the level of insulation in the property, underfloor and in More »

The Supreme Court’s decision in Clayton v Clayton – What does this mean for the family trust?

The law relating to relationship property and trusts has always been complicated, particularly as lawyers try to challenge the validity of trusts when dividing property after a relationship has ended. The latest word from the Supreme Court is in two decisions in respect of one family, in Clayton v More »

Supreme Court confirms test for “reasonable fees” in consumer credit contracts

Sportzone Motorcycles Ltd (in liquidation) and Motor Trade Finances Ltd v Commerce Commission [2016] NZSC 53 The Supreme Court has confirmed that fees charged in consumer credit contracts may only recover costs closely related to the activity to which the fee relates. Sportzone and MTF provided More »

David John Jarden and Joanne Jarden v Lumley General Insurance (NZ) Ltd [2016] NZCA 193

This Court of Appeal decision is an appeal of the High Court’s judgment in David John Jarden and Joanne Jarden v Lumley General Insurance (NZ) Ltd [2015] NZHC 1427. It considered whether specific items of damage were caused by the Christchurch earthquakes and looks at issues relating to the More »

Airbnb and your insurance – what you need to know

Ever changing technology means that the insurance industry is often at risk of being out-of-date if it fails to adapt. Recently I was travelling in Melbourne and stayed at an apartment booked through the Airbnb app. It was a novel experience and I contemplated what an insurer or underwriter would More »

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 »

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