Dentons (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.

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.

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.

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.

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...

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. 

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. 

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.

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.

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.

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.

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).

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...

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.

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.

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.

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

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.

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.

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.

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.

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.

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...

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.

Global law firm Dentons has launched ‘Producing in New Zealand’, the fifth guide in its series dedicated to film, television and interactive digital media incentive programs. Like the rest of the world, New Zealand's film industry is changing rapidly to keep up with and adapt to the new dynamic. Fortunately, key national stakeholders (including the government and private sector players) are...

The Climate Change Response Act 2002 (CCRA) was amended in June 2020. This insight focuses on the new enforcement provisions introduced by the amendment in relation to breaches of obligations for participants in the emissions trading scheme (ETS). The amendment introduces new enforcement tools (infringement offences). It also expands the applicability of excess emissions penalties and, in some...

How far wide and deep should the long overdue review of NZS3910:2013 go? Merely patching and updating in some kind of piecemeal way, with a bit of H&S legislation here and some insurance provision corrections there isn’t likely to cut it. The prevailing view across the construction sector seems to be: don’t miss anything. Remaking it root and branch to make it properly fit for purpose seems to be

The Government has announced that the business debt hibernation scheme will be extended through to 31 October 2021. Where the BDH scheme applies, it prevents most creditors from pursuing claims against a company for up to seven months.

In brief: The FMA has finalised the standard conditions that will apply to full financial advice provider licences. The biggest win is the removal of the condition requiring financial advice providers to maintain professional indemnity cover. We submitted that this condition was inflexible and may create barriers to entry in the market. The additional guidance regarding the outsourcing condition...

The week (2 to 6 November) is 'Privacy Week' in New Zealand. While we think that privacy is important in every week of the year, it is a great time to reflect on what has been a fairly important year when it comes to the development of privacy law in New Zealand.