JD Supra (Blogs)

• JD Supra New Zealand

TYPES OF BUSINESS ENTITIES - There are various entities available in New Zealand from which a business can be operated. The most commonly adopted entities are: 1. Company (including Incorporated Joint Venture (JVC)) 2. Partnership 3. Limited Partnership (LP) 4. Unincorporated Joint Venture (JV) 5. Trading Trust Each has its advantages and disadvantages, and each pose...

• JD Supra New Zealand

Resource management reform is one step closer. The much anticipated Natural and Built Environment Bill and Spatial Planning Bill have been introduced to Parliament and submissions close on 5 February 2023. Please see full Publication below for more information.

• JD Supra New Zealand

TYPES OF BUSINESS ENTITIES - There are various entities available in New Zealand from which a business can be operated. The most commonly adopted entities are: 1. Company (including Incorporated Joint Venture (JVC)) 2. Partnership 3. Limited Partnership (LP) 4. Unincorporated Joint Venture (JV) 5. Trading Trust Each has its advantages and disadvantages, and each pose different...

• JD Supra New Zealand

New body corporate laws are another step closer with the Finance and Expenditure Select Committee having now heard submissions on the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill.

• JD Supra New Zealand

Changes to New Zealand Employment Law are coming thick and fast since the pandemic landed within our borders. Now is a great time to familiarise yourself and get ahead of the changes ensuring your employment agreements are up-to-date so that your organisation can continue to sail smoothly.

• JD Supra New Zealand

On April 12, 2021, the New Zealand government introduced an omnibus bill into parliament, aiming to introduce mandatory requirements for businesses in the financial sector to disclose the impacts of climate change on themselves and develop strategies to manage climate change risks and opportunities. The Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill 2021 (Climate...

• JD Supra New Zealand

After every general election, the Electoral Commission (Commission) issues a report on how the election went and what, if any, improvements can be made. In the report just published on last year’s general election there is good news and a clear signal some significant changes should be made.

• JD Supra New Zealand

Kea Investments Limited v Watson [2021] JRC 009 - In recent years there have been increasing challenges in foreign courts to the use of corporate and trust structures to hold private wealth. As far as public opinion and news agencies are concerned trusts are utilised for tax avoidance — if not tax evasion — and the avoidance of legitimate claims from the likes of creditors and estranged spouses.

• JD Supra New Zealand

As the country stands at that crossroads, today’s budget doesn’t give an entirely clear direction as to which way we’re travelling. Blame Finance Minister Grant Robertson’s instincts. Robertson is a refreshingly emotional politician, unafraid to show his heartfelt empathy for anyone facing tough times. But he is also coolly pragmatic. As fast as he wants to go, he has no appetite for scaring...

• JD Supra New Zealand

What do brewery giants, infrastructure conglomerates, hospitals, and the city of Tulsa have in common? Each have recently been the victim of a ransomware. And they’re just a few of a strew of recent ransomware-based attacks around the world, including in Aotearoa. 

• JD Supra New Zealand

The Helen Clark-led COVID-19 panel of experts has found there were crucial shortcomings in the world’s response to the deadly pandemic, which has now claimed over 3.3 million lives. 

• JD Supra New Zealand

Last month MBIE released two Consultation Papers relating to the Financial Markets (Conduct of Institutions) Amendment Bill – or as it’s known, the CoFI regime.

• JD Supra New Zealand

The Court of Appeal has upheld a decision made by Regional Facilities Auckland Ltd (RFAL) to cancel an event hosting two controversial “alt right” speakers. In doing so, the court held that a council-controlled organisation (CCO) is under an obligation to facilitate the right to freedom of expression when it hires out a venue for a paid event.

• JD Supra New Zealand

Climate change is a problem that is too far removed from our lives and too difficult to solve, while at the same time touching on every aspect of our lives. This paradox explains why it has taken the world some time to reach an agreement on how to address it.

• JD Supra New Zealand

In 2017, the English High Court decision of Mezhprom v Pugachev caused ripples in the trusts world as to the extent to which a settlor of a trust can reserve powers for the trust to be considered valid. Several commentators dismissed the decision as an anomaly. However, the Privy Council’s 2020 decision in Webb v Webb suggests that courts in common law jurisdictions may be more inclined to strike

• JD Supra New Zealand

Introduction - The Government just announced the largest overhaul of the health system in 30 years. The proposals are radical, and go further than the suggestions of the Simpson review.

• JD Supra New Zealand

Introduction - On the eve of the announcement that all district health boards (DHBs) are to be scrapped Public Service Commissioner, Peter Hughes, used his power under section 17(3) of the Public Service Act 2020 to issue a new code of conduct for Crown entity board members (Code).

• JD Supra New Zealand

In brief: Reasonableness of fees and value for money is not just something for KiwiSaver schemes – all managed schemes are within scope of the new Guidance...

• JD Supra New Zealand

Introduction - The recent High Court’s judgment in FSCL v CPO should be essential reading for decision makers in any organisation or agency which holds statutory powers of decision.

• JD Supra New Zealand

TYPES OF BUSINESS ENTITIES - There are various entities available in New Zealand from which a business can be operated. The most commonly adopted entities are: 1. Company (including Incorporated Joint Venture (JVC)) 2. Partnership 3. Limited Partnership (LP) 4. Unincorporated Joint Venture (JV) 5. Trading Trust Each has its advantages and disadvantages, and each pose different...

• JD Supra New Zealand

Cartel activity is now a criminal offence. The best time to review your company’s arrangements, and policies as to how you interact, with competitors is now! A review will help ensure that you and your company are not charged with a criminal offence.

• JD Supra New Zealand

As at 11.59pm on 6 October 2020, all of New Zealand moved to Alert Level 1. At Alert Level 1 there still remain restrictions at the border.

• JD Supra New Zealand

The long-awaited Incorporated Societies Bill was introduced into Parliament last week, and it proposes to overhaul governance and member rights for incorporated societies.

• JD Supra New Zealand

Beware the Ides of March? 15 March is a date traditionally linked to bad omens, curses, and misfortune, at least since Julius Caesar a couple of millennia ago in Rome. For the financial services sector, it will now be a date forever linked to the new regulatory regime for financial advice services.

• JD Supra New Zealand

It has been a busy first few months of the year for privacy, both in respect of the ‘bedding in’ of New Zealand’s new privacy law regime and recent developments abroad that may have an impact on New Zealand businesses, particularly those that deal with customers in the EU.

• JD Supra New Zealand

This article discusses the personal liability of directors by reason of a breach of director duty under the Companies Act 1993 (Act), and explains how shareholders and creditors can pursue a breach of director duty claim against a director personally.

• JD Supra New Zealand

The long awaited Holidays Act Taskforce report has finally surfaced, aimed at addressing the current confusing regime which has led to a plethora of complexities and errors when dealing with holidays.

• JD Supra New Zealand

Introduction The Court of Appeal’s judgment in Bell was a step in the right direction for flexible solutions to major maintenance works, such as recladding.

• JD Supra New Zealand

Over the past decade, the Australian patent law and practice in relation to the patent-eligibility of software, covered business methods and gaming related inventions has been in a state of flux. In the absence of a legislative change, the Australian courts, and the patent office have been very proactive in providing much needed guidance on the requirements for patentability. As we have reported...

• JD Supra New Zealand

In the December 2020 issue of The Property Lawyer Magazine, our expert and real estate partner reflects on commercial lease negotiation issues highlighted by COVID-19 and, in particular, the significance of choosing flexibility or certainty of lease provisions when negotiating commercial leases in our ever-changing world. Please see full article below for more information.