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.

Travelers Insurance Company Ltd v XYZ [2019] UKSC 48

The UK Supreme Court has, in a landmark judgment, laid down the precise criteria to be applied by a court in determining whether a costs order should be made against a liability insurer who has defended the assured against a claim. Background The facts of XYZ were atypical. The assured, TMS, More »

Recent judgment is a reminder that spam doesn’t always have malicious intentions

A charitable trust has recently been sentenced for breaching the Unsolicited Electronic Messages Act 2007 (often known as the Spam Act ), in a reminder that it’s easy to do the wrong thing, even if it is unintentional. [1] The New Zealand Trustees Association Charitable Trust ( NZTA ) More »

Parent Resident Visa category – reopening in 2020

On Monday 7 October 2019, the Government announced the reopening of the Parent Resident Visa category with some changes. The category is set to reopen from February 2020. Expressions of interest (EOIs) can be made from that time, with the first EOIs being selected in May 2020. Selections will be More »

Court of Appeal confirms that floods do not determine riverbed extent for the RMA

The area of land that is covered by water in a big flood (like those which only occur once every 20-50 years) is not the right starting point for determining what the “bed” of a river is for the purposes of the RMA. Rather, the Court determined that the correct starting point is the More »

The Insolvency Practitioners Regulation Act 2019 – Mandatory Reporting Obligations

The Insolvency Practitioners Regulation Act 2019 ( Act ) was passed on 17 June 2019. Based on a recent MBIE Discussion Paper, the operative provisions of the Act will not come into force until June 2020. When fully implemented, the Act will introduce licencing requirements for all insolvency More »

Caveats explained

The word caveat is Latin and translates to “let him or her beware”. A caveat can be lodged against someone’s property title to protect the lodging party’s right or interest in the property and it prevents the registered owner of the property from selling, mortgaging, and More »

What to know when building a house with a building company

Building a house can be a stressful, expensive and intimidating prospect for both new and experienced customers. As such, ensuring you are aware of not only your rights and obligations, but also those of the builder, is crucial. Prior to even hiring a builder, you should complete your own due More »

Anti-money laundering overview

The government has recently made changes to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the “Act”) to prevent money laundering and terrorism financing within various businesses and professions (including lawyers, accountants and real estate agents). The Act More »

Immigration policy changes – compulsory employer accreditation

Background 2019 is seeing major policy changes 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 More »

Recent construction companies collapses highlight ongoing problems with retentions

The past few weeks have seen a spate of construction companies ceasing to trade, some of which have been placed into liquidation or receivership. These include Tower Cranes, the Stanley Group and related Tallwood companies in Auckland and Waikato, and Welhaus Ltd and related company Welstruct Ltd More »

Government releases action plan for healthy waterways

The Government has released today a wide-ranging plan, which aims to “stop the degradation of our rivers and lakes, achieve a noticeable improvement in five years and restore our waterways within a generation.” The proposal document, Action for healthy waterways – A discussion More »

Partnership visas

Partnership visas can be applied for by the following classes of persons: Partners of New Zealand citizens or New Zealand resident visa holders; Partners of some work visa holders (subject to certain exceptions); Partners of some student visa holders (subject to certain exceptions); and Partners of More »

EQC to provide cover to on-sold over-cap properties

Post-earthquake purchasers of houses in Christchurch are sometimes finding further earthquake damage, even where the house has been repaired. There has been uncertainty over whether those purchasers have any claims and who those claims may be against, with a number of proceedings currently before More »

Southern Response ordered to pay after engaging in misleading and deceptive conduct

Southern Response has engaged in misleading and deceptive conduct, and misrepresented the insurance entitlements of a Christchurch couple, according to a decision released by the High Court today ( Dodds v Southern Response Earthquake Services Ltd [2019] NZHC 2016). The case involved an earthquake More »

Employment Court examines employee commissions and holiday pay

The Employment Court has recently given new clarity to a previously untested area of the Holidays Act. In Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment [2019] NZEmpC 87, the Employment Court considered how the definition of ordinary weekly pay 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 »

Biosecurity Act Review

The Government has recently announced that it is to undertake a review of the Biosecurity Act 1993. The work will be carried out at the same time as the review of the National Animal Identification and Tracing Act 2012 (NAIT) which was started earlier in the year. Both Acts are to be reviewed More »

Agricultural emissions

The submission period was short and public information sessions around the country were well attended by landowners seeking to understand the implications of policy options presented by Government to drive a reduction in agricultural emissions. The Government option, which builds on recommendations More »

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 »

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