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.

Enforceable undertakings – an alternative sentencing option for the court

One of the key changes brought about by the Health and Safety at Work Act 2015 ( HSWA ) was the use of WorkSafe-approved enforceable undertakings as an alternative to prosecution. An enforceable undertaking is a legally binding agreement, the purpose being to focus the duty holder on various tasks More »

Reform of the Residential Tenancies Act granted royal assent

What do these changes mean for landlords and tenants? On 30 July 2019, the Residential Tenancies Amendment Act 2019 was granted royal assent. The Act significantly impacts on the rights and obligations of both landlords and tenants in three areas: liability for careless damage to rental premises More »

Proposed Plan Change 7 – Land and Water Regional Plan

Proposed Plan Change 7 to the Land and Water Regional Plan (LWRP) was publicly notified on 20 July 2019 and is open for submission until 13 September 2019. The LWRP sets out the planning framework for the management of land and water resources in Canterbury. PC7 is split into three parts, each with More »

Pro-bono report

In this report we highlight three recent projects where we have used our legal skills and partnered with our clients to bring their dreams to fruition. These projects are diverse – preserving the Christchurch Cathedral for future generations, developing a predator free sanctuary in Nelson and More »

First workplace bullying prosecution in South Australia

The first conviction in South Australia for bullying could have important implications for health and safety practices in New Zealand. Charges were brought against two employees, Jeffrey Rowe and Luke Chenoweth, and their employer, Tad-Mar Electrical Pty Ltd, in respect of bullying of a 19 year old More »

A new Relationship Property Act - what should you expect?

The law relating to the division of relationship property is something that a significant number of New Zealanders deal with at some point during their lifetime, when entering into a contracting out agreement at the start of a relationship, splitting property at the end of a relationship, or even More »

A new Trusts Act

The Trusts Bill has passed its third reading in Parliament and is shortly to receive royal assent, the final stage of a comprehensive overhaul of New Zealand’s trust law that began more than ten years ago. The Trusts Act will replace the Trustee Act 1956 with the purpose of making the law More »

Recreational access to land – how is this affected by health and safety?

New Zealanders have grown up with an expectation that they are able to access and use most outdoor areas for recreation. However, many landowners, particularly farmers, are concerned about the implications of the Health and Safety at Work Act 2015 ( HSWA ), and whether they will be responsible for More »

Agricultural emissions

The Ministry for the Environment released a discussion document on 16 July 2019, with policies building on the Interim Climate Change Committee’s ( ICCC ) recommendations for agricultural emissions (see here ). The Government’s preferred approach is that emissions are priced through the More »

The “Hug of Death” – expanding the scope of ACC cover for mesothelioma beyond a work-place injury

The dreadful and always fatal disease of mesothelioma, directly linked with exposure to asbestos, has given rise to much litigation in the common law world. Three years after her death due to mesothelioma, Deanna Trevarthen has recently been the subject of the decision in Calver v Accident More »

3 things you need to know about the Privacy Bill before it becomes law

The Privacy Bill, which will replace the Privacy Act 1993, commenced its second reading on 18 June. Here are the three things you need to know about it before it comes into force in 2020 (probably). Mostly, it’s steady as she goes. The Government has shied away from major renovations and the More »

Employment Relations (Triangular Employment) Amendment Bill

The Employment Relations (Triangular Employment) Amendment Bill (Triangular Employment Bill) received Royal Assent on 27 June 2019, to be enacted in law in 12 months’ time, or earlier if another date is appointed by the Governor-General. The Bill was passed with the support of Labour, New More »

New Zealand Electronic Travel Authority and International Visitor Conservation and Tourism Levy

The Government has recently announced the implementation of the New Zealand Electronic Travel Authority (NZeTA) and the International Visitor Conservation and Tourism Levy (IVL). Currently, visitors from visa waiver countries are only required to provide minimal information at check in and cruise More »

Judgment summary: Xu v IAG New Zealand Ltd (SC 47/2018) [2019] NZSC 68

Background The Barlows were the owners of a house in Christchurch. It was damaged in the earthquakes on 4 September 2010 and 22 February 2011. The Barlows were insured under a policy which provided “indemnity” and “indemnity plus” (i.e. a replacement wording) in the event of More »

Pay equity legislation moves through Parliament

The Government’s pay equity bill - the Equal Pay Amendment Bill ( Bill ), passed the Select Committee stage on 13 May 2019, and is awaiting its Second Reading in Parliament. The Bill seeks to improve the process for raising and progressing pay equity claims and to eliminate and prevent More »

Strike action by the Post Primary Teachers Association (PPTA) draw attention to ‘partial strikes’ and recently changed pay deduction laws

2018-19 is increasingly becoming a time of strikes. Nurses, midwives, hospital attendants and court workers have all had high profile strike actions recently, while primary and secondary-school teachers have been striking on and off throughout this period. In the latest series of strikes, Post More »

What is the purpose of a LIM report?

When purchasing a property, obtaining a Land Information Memorandum (LIM) report from the relevant council is strongly recommended. A LIM report provides all the documents that a council has on records for a property. Each LIM report contains different information, as some properties may be new More »

An overview of mortgagee sales

If you buy a property at a mortgagee sale, be aware that you are entering a contract that is quite different in its nature to an agreement entered into in other circumstances. The agreement is likely to be weighed heavily in the mortgagee’s favour because mortgagee sales involve factors More »

Under what circumstances should you form a trust

There are a number of circumstances under which you should consider forming a trust. Some of the common purposes of a trust, and the structures utilised, will be discussed in this article. A trust is managed by trustees who are appointed by the creator of the trust (called the settlor(s)). Trustees More »

The importance of wills and enduring powers of attorney

Having enduring powers of attorney (EPAs) and a will in place is important for every adult whatever their age. A will is a legal document that lets you decide how you want your property, care for your dependants (partner, children etc.) and your body to be dealt with after you die. EPAs allow you More »

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