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.

Mackenzie Basin: Opportunities for agency alignment report

The Mackenzie Basin: Opportunities for agency alignment report was released earlier this week. The report comes on the back of the Environment Court’s Eleventh Decision where Judge Jackson opined that there is a strong ecological (and economic) case for an immediate moratorium on freeholding More »

Farmers being targeted by the Labour Inspectorate

The Ministry of Business Innovation and Employment have issued a media release calling for farmers to ensure they provide minimum employment entitlements to employees and keep proper records. The Labour Inspectorate has recently handed out significant fines to some farmers, and more farmers will be More »

New Zealand Court refuses application for disclosure of insurance policy

The High Court has confirmed that a defendant is not required to provide or discover details of any insurance it holds A defendant to a civil proceeding, particularly a defendant who is alleged to have acted negligently, will often hold liability insurance that provides cover for the damage that is More »

Executors’ duty to advise family members of a person’s death

When should Executors advise family members about a person’s death or their right to bring a claim against an Estate under the Family Protection Act? That is a difficult question, and one that can sometimes arise during administration. After all, it is not unusual for clients to remove family More »

Employment law reforms announced

The Government has introduced a new bill to amend the Employment Relations Act 2000. The proposals focus on two key areas: employee rights and union rights. While the proposal includes some new initiatives, a significant number of the changes are a roll-back of changes enacted by the previous More »

Doping investigation a warning to all level of athletes

Nowadays sports headlines outing athletes for doping are no longer a rarity. The use of banned substances in sport is a well-publicised issue and one that has plagued elite sports since the Ancient Greeks tried all manner of herbs, hallucinogens and opiates to gain an edge over their competitors [1 More »

Overseas Investment Amendment Bill

Late last week the Government introduced the Overseas Investment Amendment Bill into Parliament, the main focus of which is to bring “residential land” within the ambit of the Overseas Investment Act 2005, in accordance with previous Government announcements. The Bill is expected to be More »

Time for a holiday pay ‘health check’

As holiday season officially begins and with many businesses due to close down over the Christmas period, it is important for employers to ensure that they are meeting their obligations under the Holidays Act 2003. This is particularly important for businesses with employees who work fluctuating or More »

The dawn of a new employment era

With the new Labour led coalition officially sworn into government, there are likely to be a number of changes to the current employment law landscape. The first major change under the new government has already been implemented. A bill proposing to extend paid parental leave to 18 weeks from 1 More »

Trusts Bill progressing in Parliament

The Trusts Bill had its first reading in Parliament yesterday and will now progress to Select Committee. Our expectation is the Select Committee process will take around 6 months to complete so the Bill may be passed in the third quarter of 2018. The Bill seeks to clarify and modernise the law in a More »

Where there’s fire there’s smoke – home heating rule changes in Canterbury

The Canterbury Air Regional Plan ( Air Plan ) became operative on 31 October 2017, and makes significant changes to the rules relating to home heating. It’s important that anyone who uses a wood-burner or pellet burner ( solid fuel burner ), or who is looking to install one, understands these More »

Competition within the rural zone

Should the rural zone be predominantly a working environment or is there room to accommodate a growing number of residential lifestylers? Farming is accepted by most as an appropriate use of rural land but other rural activities like gravel and sand extraction are facing considerable opposition More »

Proposed vegetation clearance rules - not on the Christmas wish-list for everyone

With headlines like “Environment Court calls for pause on Tenure Review”, “Alien landscapes in the Mackenzie Basin”, “Federated Farmers attacks the Mackenzie Basin again” and “Bid to double irrigation in threatened species stronghold” the struggle is More »

The complexity of successfully delivering technology projects: NSW's Auditor General's Report on Justice 2017

Technology projects, and the complexity around successfully implementing major technology projects in the public and private sectors, continue to feature. Here is one recent example: The NSW Audit Office issued its 2017 report on the law and order, and emergency services agencies to Parliament on More »

Government announces Ministerial Directive Letter to the Overseas Investment Office

The Government has today announced the issue of a new Ministerial Directive Letter ( Letter ) to the Overseas Investment Office ( OIO ). Whilst the Letter does not come into effect until 15 December 2017, at that date it will be applied to existing, as well as new, applications. The Letter sets out More »

Terms of Reference for Tax Working Group announced

In accordance with its 100 day plan, the Government has today released details of the Terms of Reference for its Tax Working Group to be chaired by Sir Michael Cullen. The Working Group has a broad mandate to look at New Zealand’s tax system. However, in addition particular issues have been More »

Hazardous substances in your workplace - are you complying with the new requirements?

Does your workplace have proper management in place for hazardous substances? Many people don’t even realise that their workplace uses hazardous substances, until they discover that the phrase encompasses any product or chemical that has explosive, flammable, oxidising, toxic or corrosive More »

Sentencing under the new health & safety regime

We are now over one year on from the introduction of the Health and Safety at Work Act 2015 (the Act ). The Act has significantly reformed New Zealand’s health and safety regime. The regime is of significance to the insurance market given the prevalence of insurance cover, commonly bought as More »

A new weapon in the particulars toolbox

A recent High Court decision has sided with defendants when it comes to inadequately drafted pleadings, particularly in the space of defective building/construction claims. Body Corporate 199883 & Ors v Auckland Council [2017] NZHC 2042 is a strike out application by Auckland Council ( Council More »

Have you seen the sign?

New Zealand heads to the polls on 23 September. For the last two months the landscape has been littered with election hoardings: Bill, Jacinda and Winston’s smiling faces have been everywhere on hoardings varying in shape, size, colour and, of course, political message. Many hoardings are More »

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