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.

Penalty clauses in contracts: New Zealand adopts the disproportionality test

Frequently commercial contracts, particularly building contracts, include a clause specifying what amount will be payable by one party to the other in the event of a breach of the contract. This could be a lump sum, or a specified amount for each day of default. These clauses are known as More »

Significant changes are coming to the Building Act - what do you need to know?

The building industry has long been an area of concern: the cost of building, quality of the work undertaken, and resolution of disputes when something goes wrong are all challenges faced on a regular basis. The Government has now announced the biggest review of the building sector since the More »

Other employment updates

There are significant legislation changes to the Employment Relations Act coming into force on 6 May 2019. These changes will impact all workplaces and employers should be taking active steps to prepare for the change. Key changes include: Rest and meal breaks will return to a prescriptive approach More »

Employment Relations (Triangular Employment) Amendment Bill closer to becoming law

There are important legislative changes on the horizon that will potentially have a significant impact for labour hire companies and organisations that use labour hire companies or temporary workers. The Employment Relations (Triangular Employment) Amendment Bill is one step closer to becoming law More »

The business of charity

Submissions on the Department of Internal Affairs’ Modernising the Charities Act 2005 Discussion Document ( Discussion Document ) close on 31 May 2019. One of the four main risks for established charities identified in our article last month is the spotlight on the commercial activities of More »

Guideline decision on approach to reparation awards in health and safety sentencing

The High Court has released its decision on two appeals relating to orders for reparation in Oceana Gold (New Zealand) Ltd v WorkSafe New Zealand [2019] NZHC 365. The High Court's decision confirms that: The Court can order reparation for the deceased's loss of earnings to persons who have More »

Recent developments in health and safety sentencing

When the High Court released its decision in Stumpmaster v WorkSafe [1] last year, it not only set new guideline bands for fines, but also commented on the level of discounts given for mitigating factors. This article considers the effect this comment has had on recent fines. We also review the More »

Mainzeal directors liable for reckless trading - what could this mean for other directors?

The High Court has released its decision in the claim against the former directors of Mainzeal, [1] holding them liable for reckless trading in the years leading up to Mainzeal’s receivership. Justice Cooke decided that Dame Jenny Shipley, Peter Gomm, and Clive Tilby all “acted in good More »

What you need to know about employer-assisted work visas

2019 is seeing major changes being proposed by the Government that will affect the six most commonly utilised work visa categories. This will place obligations on all employers wishing to recruit foreign workers to become accredited under one of three new categories. There will also be four new More »

Charities Discussion Document - top four risks for established charities

Charities need to ensure they keep their eye on the ball and avoid getting distracted by the debate surrounding the Department of Internal Affairs’ Modernising the Charities Act 2005 Discussion Document , which was released in February 2019. Since its release, the Discussion Document has More »

Privacy Bill progresses through Parliament

Almost a year ago, the Government introduced a new Bill to Parliament to replace the existing Privacy Act with one more suited to our digital world. Having considered submissions on the Bill, the Justice Select Committee has now released its report, recommending that the Bill be passed. Information More »

The Mainzeal collapse and what could've been done differently

Spark Arena in Auckland. The ASB Sports Centre and The Supreme Court building in Wellington. These are landmark buildings that were constructed by Mainzeal Property and Construction Limited, which was for a time the third largest commercial construction company in New Zealand. But in a shock to the More »

Changes to Commerce Act to restrict actions of firms with substantial market power

The Government is proposing to amend the Commerce Act to make illegal a lot more of the actions of a firm that has substantial power in a market. The changes will involve applying an effects test instead of the existing test, which focuses on taking advantage of market power. The proposals are up More »

Hospital sued after failing to follow advance directive

A recent UK case highlights the need for healthcare providers to ensure they have regard to advance directives made by their patients. It raises the question - what might happen if the same situation occurred in New Zealand? Background Brenda Grant suffered a catastrophic stroke in October 2012 More »

IT contracting – five tips for SMEs

When Kodak famously outsourced its entire IT function to IBM it marked both the dawn of IT outsourcing as a business strategy and, arguably, the beginning of Kodak’s end. Since then, the breadth and prevalence of IT outsourcing has grown. It is common now to have third parties providing IT More »

Court of Appeal rules that leaky building claims against James Hardie can proceed

The Court of Appeal has released its long-awaited decision, confirming that claims brought against four operating companies and three holding companies in the James Hardie group may proceed. Background to the claim The claimants are past or present owners of homes, commercial buildings and More »

Proposed legislation changes

Looking ahead, there are a number of proposed changes to legislation, which will progress in 2019. The Select Committee has this week released its report on the Employment Relations (Triangular Employment) Amendment Bill. This Bill proposes to provide increased statutory support and legal rights More »

Legislative changes

2018 has been a busy year of legislative change. After almost a year long process, the Employment Relations Amendment Bill ( Bill ) has now passed into law. Looking ahead, this will create significant change for 2019 and we will be discussing this in our client seminars in the New Year. The Bill More »

Employment Relations Act changes shift balance towards greater employee and union rights

The Government has passed the Employment Relations Amendment Act 2018, which received Royal Assent on 11 December 2018. Parts of the Act came into effect the following day, on 12 December 2018, and further significant changes will come into effect from 6 May 2019. Changes immediately in force Union More »

Privacy law update

The era of international GDPR enforcement arrives It’s been just over six months since the General Data Protection Regulation (GDPR) came into force in the European Union. One of the key features of the GDPR is its extra-territorial application, set out in Article 3. The world has been More »

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