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.

Earthquake prone buildings – a new era approaches

The new national framework for managing earthquake prone buildings ( EPBs ) is effective from 1 July 2017. This brings with it a national register, new forms of EPB notice that must be displayed prominently on all EBPs and set timeframes for assessment and strengthening. The Building (Earthquake More »

IMF releases “Fintech and Financial Services: Initial Considerations” staff discussion note

Amidst a growing body of global thought leadership on blockchain and distributed ledger technology ( DLT ), the International Monetary Fund ( IMF ) released its "Fintech and Financial Services: Initial Considerations" staff discussion note on 19 June 2017 ( IMF Paper )¹. The IMF More »

Commerce Commission new focus on retail sector off the back of penalties tripling

The Commerce Commission is taking a hard look at the retail sector. Sales campaigns and pricing representations are the Commission’s focus. This follows an increase in the maximum penalties for misleading and deceptive conduct and false representations. Penalties for businesses have recently More »

Education Act reform – what are the key changes?

Earlier this month, Parliament passed the Education (Update) Amendment Bill, resulting in the biggest reform of the education system in nearly thirty years. Some of the key changes are outlined below. Cohort entry Schools will be allowed to choose to implement a system where new entrants will begin More »

Working from home – health and safety considerations

For many reasons, employees are increasingly seeking flexibility in their working arrangements not only in respect of their hours and days of work, but also in the ability to perform their work remotely. Improvements in technology mean that working from home is more manageable than ever before. More »

One year on – the obligation to consult, co-operate and co-ordinate

A year has passed and we are yet to see a prosecution under the new HSWA in New Zealand. However with the on-going number of queries arising, particularly from a practical perspective, we thought it useful to recap on the new obligation to “consult, co-operate and co-ordinate” where More »

Duncan Cotterill advises on the first enforceable undertaking under the new health and safety law

Duncan Cotterill was proud to be involved in securing the first enforceable undertaking under the new Health and Safety at Work Act 2015 ( HSWA ), reinforcing our position as market leaders in this field. In April 2016, shortly after the HSWA came into force, there was an incident at an Auckland More »

"Ransomware" - cyber security and practical tips

WannaCry is the computer malware "worm" that has been infecting computer business systems around the world in the last few days. It reportedly attacks a vulnerability in Microsoft Windows operating systems and locks users out of their own computer systems, demanding a ransom of about $300 More »

Part 2 - Smart contracts, blockchain and distributed ledger technology: implications for business

Introduction Smart contracts, blockchain and distributed ledger technology ( DLT ) are new technologies with the potential to radically transform our economic and social systems. In Part I of this article, we outlined smart contracts, blockchain and DLT, and what the potential benefits of each are More »

Part 1 - Smart contracts, blockchain and distributed ledger technology: implications for business

Introduction The legal sector needs to be aware of smart contracts, blockchain, distributed ledger technology (DLT) and the underpinning technology. It is part of a huge wave of transformational technology change that is already affecting the banking, financial services and payments industries, and More »

Construction contracts retentions - a new regime from 31 March 2017

On Friday 31 March 2017 an important amendment to the Construction Contracts Act 2002 ( CCA ) comes into force. This amendment introduces a new retention scheme, designed to safeguard retention money in the event of insolvency of the holding party. The scheme will apply to a commercial construction More »

Beneficiary access to trust information - the final word from the Supreme Court

Trustees are frequently confronted with requests for information from beneficiaries concerning the administration of a trust. Whether there is an overriding entitlement to trust information has now been answered by the Supreme Court and guidance issued to trustees. We anticipate this will be the More »

Judgment summary - Paul Geoffrey Myall v Tower Insurance Ltd [2017] NZHC 251

This recent earthquake judgment considers three issues: do the specified building materials and construction methods comply with the policy, particularly given the heritage qualities of this home; are the cost allowances for matters such as contractor's margins and professional fees appropriate More »

Contempt of court - still relevant in the age of new media

In the age of Twitter, Facebook, and Instagram, the idea that all possible information might not be immediately made available to the world at large seems quaint. Indeed, the first instinct of many people on reading that a court has suppressed an accused’s name, or some information about the More »

Adjudication of disputes under the Construction Contracts Act

The Construction Contracts Act 2002 ( Act ) establishes a complete process for the speedy adjudication of a dispute between the parties to the construction contract. Initiating adjudication proceedings This process can be instigated by either party, and is an alternative to using the court system, More »

Overseas investment: New exemptions introduced by the Overseas Investment Amendment Regulations (No 2) 2005

New class exemptions to the Overseas Investment Act 2005 ( Act ) have recently been introduced and came into force on 1 February 2017.The exemptions will only apply to transactions that occur after 1 February 2017. The new exemptions add to the list of exemptions already contained in the Overseas More »

The payment claim process under the Construction Contracts Act

The Construction Contracts Act 2002 ( Act ) governs all construction contracts that relate to the carrying out of construction work in New Zealand, whether the contract is in writing, verbal, or a mixture of both, and whether it is for commercial or residential construction. Terms of payment The More »

Judgment summary - Young v Tower Insurance Ltd [2016] NZHC 2956

This recent earthquake judgment considers three important issues: what are the implications of a policy including the requirement to use construction methods commonly used at the time of the loss or damage; whether exemplary damages could be claimed; and is there an implied duty of good faith in More »

Judgment summary - Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2016] NZSC 158

This is an appeal from the High Court’s judgment in Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2015] NZHC 1444 and the Court of Appeal’s judgment in Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2016] NZCA 67, [2016] 2 NZLR 750. The issues before the Supreme More »

A summary of the Construction Contracts Act

The Construction Contracts Act 2002 (the Act ) was enacted with three specified purposes: to facilitate regular and timely payments between the parties to a construction contract; to provide for the speedy resolution of disputes arising under a construction contract; and to provide remedies for the More »

Search form

Publications

Pages

Pages