JD Supra (Blogs)
144 results for JD Supra (Blogs)
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Establishing a Business Entity in New Zealand (Updated)
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...
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RM Reform gets rolling: Bills introduced to Parliament and submission closing date already looming
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.
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Establishing A Business Entity In New Zealand (Updated)
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...
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New body corporate laws one step closer
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.
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Jabs, bubbles and burst of changes… Are your employment contracts up to date?
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.
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New Zealand Government Introduces World-First Climate-Reporting Disclosure Laws
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...
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Call for changes to the way we vote. But will the lawmakers listen?
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.
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Can an interest in a discretionary trust ever be a proprietary interest?
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.
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Is there such a thing as a moral budget?
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...
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How did the cyber-criminals get away? They ransomware
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.
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The 21st Century’s “Chernobyl moment” - Panel finds crucial failures in WHO and worldwide response to COVID-19
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.
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Financial Law Insight - A spoonful of sugar to help the CoFI go down
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.
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Council-controlled organisations must facilitate the right to freedom of expression
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.
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Do we have the energy to address climate change?
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.
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Balance of Power: Settlor Reserved Trust Powers Following Webb
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
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A healthy dose of change? - The health postcode lottery is no more, the Government announces a health system to produce equal outcomes.
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.
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New code of conduct issued for Crown entity board members - Will this stop elected District Health Board members from criticising the Government’s reforms?
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).
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Financial Law Insight - FMA’s Managed Fund Fees Guidance: extending the boundaries of unreasonableness
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...
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A cautionary tale of the dangers of 'informal' conversations to external parties during a formal decision-making process - Financial Service Complaints Limited v The Chief Parliamentary Ombudsman [2021] NZHC 307 (FSCL v CPO)
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.
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Establishing A Business Entity In New Zealand (Updated)
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...
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Avoiding jail time is no longer just a Pablo Escobar problem. Being a party to a cartel is now a criminal offence!
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.
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Dentons COVID-19 Retail Tracker - 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.
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Changes ahead for incorporated societies
The long-awaited Incorporated Societies Bill was introduced into Parliament last week, and it proposes to overhaul governance and member rights for incorporated societies.
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Financial Law Insight March 2021
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.
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What’s to come in ’21 – Our byte-sized picks on what to watch for in privacy this year
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.
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Understanding the duties owed by directors under the Companies Act 1993 and how to initiate litigation
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.
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No rest for employers – holiday reforms on the way
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.
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Major maintenance and alterations to body corporate buildings
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.
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Clarity on patentability in Australia
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...
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Negotiating commercial leases - Certainty vs flexibility
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.