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  • Fracking in Canterbury - What is it and how is it controlled?
    Mining is a divisive issue in New Zealand. Deniston Plateau, offshore exploration, Save Happy Valley and Schedule 4 land are terms that invoke diverging opinions and heated discussions. by Matthew Prendergast

  • Considering Leasing the Farm?
    As farmland becomes more expensive and rental returns from leasing increase, farm leasing is becoming more attractive and prevalent.
     by David Haigh

  • Wealth and the Property (Relationships) Act 1976
    Since 1976 with marriages, and since 2002 with de facto relationships, Parliament has tried to give effect to the philosophy that these relationships are a partnership.   Both parties contribute in different ways.  All contributions in the end should be treated as being of equal value.  When a relationship ends, the wealth acquired through that relationship should be shared equally.
     by Gerald Nation

  • The Importance of a Written International Sale of Goods Contract
    Exporters may complete numerous successful trades with buyers without the existence of a written contract.  Despite this, there are practical reasons why a written contract can assist the parties both during and after their negotiations.
     by Kent France

  • International Sale of Goods
    In this article, Kent France, a partner at Wynn Williams, looks at a little known Convention affecting importers and exporters.
     by Kent France

  • The Fine Print Can Make or Break a Deal
    In most circumstances transactions between exporters and their customers go off without a hitch.  Even if there is no formal written agreement between them or the documentation setting out the details of the transaction is inadequate, most parties will work through any issues to reach an agreeable solution.  Nevertheless, disputes about what the parties actually agreed can sometimes occur.
     by Charlene Sell

  • Handling Redundancies in Tough Times
    Canterbury business owners have received a number of blows over the last couple of years.  The ongoing global financial crisis coupled with the effects of the Christchurch earthquake and subsequent aftershocks have hit many businesses hard.  Some business owners can no longer carry on as they have done in the past and now must consider downsizing their business to keep afloat.  This may result in business owners having to make the tough decision to lay off some of their staff.  by Charlene Sell

  • Leasing Process Explained
    If you wish to enter into a commercial lease, whether as a landlord or a tenant, this typically involves negotiating and entering into a written agreement to lease. An agreement to lease is an agreement by the landlord to grant a lease, and the tenant to take the lease, at a future date.
     by Josh Orton

  • Disclosure Requirements under the new Unit Titles Act 2010
    The Unit Titles Act 2010 (the "New Act") came in to force on 20 June 2011.  This new Act replaces the outdated Unit Titles Act 1972 and brings with it some significant changes.
     by Nadine Dahren

  • A Contextual Approach to the Application of Bias
    Howe v Keown has been one of the most controversial cases to pass through the Christchurch Courts this year.  The case concerned an injunction application to prevent the defendant, Christchurch City Councillor Aaron Keown, from participating in the Council process to appoint a new chief exectuive.  The plaintiff, a concerned ratepayer, sought the injunction principally on the grounds that the defendant illegitimately favoured the incumbent Council chief executive and had made public statements to that effect.  Fogarty J refused to award the injunction and in so doing severally curtailed the application of the law of bias to elected members in public office.
     by Jared Ormsby, John-Luke Day

  • Repeal of Gift Duty - Not All Good News for Trusts
    Gift duty was introduced over 125 years ago to prevent people from giving away their assets before they died to avoid payment of estate duty. Estate duty was abolished in 1992 but, due to uncertainty regarding how its abolition might impact on income tax and targeted social welfare assistance, gift duty was not abolished at the same time.
     by Susan Anderson

  • Are your defence costs covered?
    Most Directors and Officers liability insurance policies cover liability to pay compensation and damages and also defence costs.  Surprisingly, the High Court has held that such policies may not, in fact, cover defence costs where a statutory charge for more than the sum insured is asserted under section 9 of the Law Reform Act 1936 (the Act).
     by Emily Walton

  • Dealing with Resource Management matters after the earthquake
    Following the February 22 earthquake, new Orders in Council have been made under the Canterbury Earthquake Response and Recovery Act 2010 (enacted following September 2010 earthquake).
     by Amanda Douglas

  • New Company Tax Rules
    The Taxation (GST and Remedial Matters) Act 2010 (the “Act”) was enacted on 20 December 2010.
    The Act introduces changes to the rules for Qualifying Companies (QC) and Loss Attributing
    Qualifying Companies (LAQC) and creates a new type of company, the Look-Through Company (LTC).
     by Jonathan Gillard

  • Requirements for Employment Agreements From 1 July 2011
    While written employment agreements have been required since the Employment Relations Act 2000 came into force, not all employers have complied with this obligation. In an effort to ensure greater compliance significant penalties can now be imposed on employers who do not have employment agreements with their employees.
     by Charlene Sell

  • Financial Adviser's Liability - Armitage v Church
    Late last month the first High Court decision on a defended claim for financial adviser liability was issued.
    Perhaps surprisingly, there have been few claims against financial advisers that have progressed to trial and judgment since the global financial crisis and finance company crash in New Zealand.  This may be because most professional indemnity insurers have declined to indemnify financial advisers for losses in connection with diminution or depreciation in value of investments.  The absence of insurance cover may be dissuading would be plaintiffs.   Click here to download the full article as a pdf         by Emily Walton

  • Biosecurity Law Reform Bill
    The Biosecurity Law Reform Bill was introduced to Parliament on 10 December 2010. It has been referred
    to the Primary Production select committee, with submissions due by Thursday 10 February 2011.  Click here to download the full article as a pdf      by Margo Perpick

  • Significant Changes to Our Employment Laws
    A number of important changes to our employment laws came into force on 1 April 2011. These changes will affect employment agreements and employment relations between employers and employees before, during and on termination of an employee's employment.  Click here to download the full article as a pdf 
     by Charlene Sell

  • A Beginner's Guide to Business Interruption Insurance
    This is a beginner's guide to the hot topic (in Canterbury anyway) of business interruption. In addition to a
    general overview of loss of gross profits cover, it touches on issues to be mindful of, common disputes and
    underwriting pitfalls. Each policy and every business have their own unique issues. If you need to make a
    claim, take some professional advice.  Click here to download the full article as a pdf      by Emily Walton

  • Rawa Aquaculture Reform
    The Aquaculture Legislation Amendment Bill (No 3) was introduced in Parliament on 16 November 2010.  It has been referred to the Primary Production select committee, with submissions due by Friday 11 February 2011. Click here to download a full pdf of this article by  
     by Margo Perpick

  • The De Minimis Principle
    De minimis is the shorthand way of expressing the latin term "de minimis non curat lex", which is usually translated as "the law is not concerned with trifles". Please click here to download the full pdf of this article by  by Amanda Douglas

  • Record Keeping and Our Limitation Laws
    How will changes to our limitation laws affect you?  Charlene Sell, an Associate with Wynn Williams, discusses the impact of our new limitation laws on your business’s record keeping procedures. Click here to download the full article as a pdf  by Charlene Sell

  • The Evidence Act 2006 and the Admissibility of the Identification Evidence
    Lana Paul, an Associate at Wynn Williams, discusses how the Evidence Act 2006 (the "Act”) has brought about major changes as to what evidence is able to be presented in Court and how that evidence is to be presented. Click here to download the full article as a pdf  
    by Lana Paul

  • Priority and Notifiability of Applications for Consent - Central Plains Water
    The Central Plains Water saga - all the way up to the Supreme Court, and this is just the preliminary
    skirmishing. The hearing of CPW's application to take water for irrigation, by the Council's commissioners,
    has not yet concluded - so appeals on the actual application are still just a twinkle in the parties' eyes.  Click here to download the full article as a pdf      by Margo Perpick

  • Existing Use Rights and the Permitted Baseline - Rodney District Council v Eyres Eco-Park Limited
    The Courts in this litigation examined the relationship between existing use rights and the permitted
    baseline, and the relationship between the common law permitted baseline and the statutory permitted
    baseline. They also provided guidance on the date at which existing use rights are assessed, where
    activities lessen over time and further restricting rules are introduced.  Click here to download the full article as a pdf       by Margo Perpick

  • Appellants Giving Evidence as Expert Witnesses - Briggs
    Finally, a warning sounded by the Court in the case of Briggs v Christchurch City Council, where the Court
    said it was drawing a line in the sand about parties giving expert evidence to the Court in their own cases.  Click here to download the full article as a pdf      by Margo Perpick

  • Prohibited Activities - The Coromandel Watchdog Case
    The Court of Appeal's decision in this case produced a major change in the approach which should be taken
    to prohibited activity status. There was a very restricted view taken by the lower courts in this case, and
    other cases. The Court of Appeal has said that there are quite a few circumstances in which it is
    appropriate to make an activity a prohibited activity in a plan.  Click here to download the full article as a pdf       by Margo Perpick

  • Running to Stand Still - Legislative Changes & Implications for Territorial Authority Compliance - Resource Management Amendment Act 2009
    This paper sets out some of the amendments brought into effect by the Resource Management (Simplifying
    and Streamlining) Amendment Act 2009, which impact on resource consent applications. Whether you are
    a council planner applying the amendments to the processing of an application or a consultant planner
    preparing an application and steering it through the processing stage, you need to know the ins and outs of
    the amendments.  Click here to download the full article as a pdf       by Amanda Douglas

  • Technical Paper: Implications of Resource Management Act Amendments in the Transportation Area
    An outline of the amendments to the Resource Management Act which came into effect on 1 October
    2009, with particular focus on amendments which impact on the processes and practices of transport
    engineers and planners.  Click hereto download the full article as a pdf       by Amanda Douglas

  • The Insolvency Practitioners Bill 2010 - Aims and Implications
    Following an extensive consultation process as part of its overall review of insolvency law, on 27 April 2010
    the Government introduced into Parliament the Insolvency Practitioners Bill which provides for a negative
    licensing regime for insolvency practitioners.  Click here to download the full article as a pdf      by Peter Whiteside

  • Relationship Property and Trusts
    The thinking behind the Property (Relationships) Act 1976 ("the Act") is that marriages and de facto relationships of more than three years are a partnership.  Partners in the normal course of events contribute equally, often in different ways.  Economic contributions are not to be valued higher than non-financial contributions.  As a result it is the policy of this legislation that the wealth accumulated in the relationship should be shared equally when the relationship ends, whether it be through separation or through the death of one of the partners. Click here to read the full article   by Gerald Nation

  • The Pitfalls of Tenders
    What are your rights if you wish to buy or sell something by tender? Annabel Sheppard, a partner of the
    Christchurch Lawlink firm of Wynn Williams, points out that the tendering process can be very useful
    as long as it is handled correctly. An example may be found in the decision of the Court of Appeal in
    Transit New Zealand Limited v Pratt Contractors Limited, which related to the Vinegar Hill project on State
    Highway 1 where the court made its views very clear.  Click here to download the full article as a pdf       by Annabel Sheppard

  • Lending to Trusts
    New Zealand has a large number of family trusts per capita. Lending to trustees and taking guarantees and securities from trustees is becoming very common. Unfortunately, a trust can mean big problems for lenders wishing to enforce their rights. To see why this is we'll look at how trusts work and then look at how this impacts on unsecured lenders and secured lenders.
     
    But first, 3 key things to keep in mind. Click here to download the full article as a pdf      by Jeff Kenny, Jared Ormsby

  • The Rule Against Perpetuities
    Please click here to download the pdf of this presentation prepared     by Jeff Kenny

  • Simplifying and Streamlining of Resource Consent Applications
    The Resource Management (Simplifying and Streamlining) Amendment Act 2009 came into effect on 1
    October 2009, bringing a number of changes aimed at ‘simplifying and streamlining’ a number of resource
    management processes.  Click here to download the full article as a pdf       by Amanda Douglas

  • Local Body Rates - Has The Ratepayer Any Say?
    In this article, Andrew Young discusses recent events in the Auckland region that have highlighted local
    body rates and raised the question what can be done by a ratepayer to object to the rates levied. The
    discussion and publicity around the issue has singularly lacked in any consideration of the rating process or
    any constructive suggestions as to how the public can have a say.  Click here to download the full article as a pdf        by Andrew Young

  • Contract: Missed Opportunity?
    In Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 the Supreme Court confronted the questions of contractual interpretation, and of what extrinsic evidence may be adduced to prove the meaning of contractual terms. Throughout the 20th century the parol evidence rule, under which the admission of extrinsic evidence to assist in the interpretation of contracts was severely limited, was gradually worn down, primarily through the creation of numerous exceptions combinedwith a judicial re-examination of the principles of contractual interpretation. The result is an area of law that is over-complicated, which hampers the ability of practitioners to provide sound advice to clients.  Click here to download the full article as a pdf    by Jeremy Johnson

  • Section 11 Contractual Remedies Act 1979 - Unintended Consequences?

    In 1979 Parliament significantly changed the law of contract in New Zealand by enacting the Contractual Remedies Act 1979.  That Act arose from recommendations made by the Contracts and Commercial Law Reform Committee in its 1967 Report on Misrepresentation and Breach of Contract.  The Act both changed and codified the law relating to the cancellation of contracts, damages for breach of contract, and damages for misrepresentation which induced entry into a contract.  Click here to download the full article as a pdf   

     by Jeremy Johnson

  • Save Our Arts Centre - Response to the Opinion of Crown Law
    The decision that Crown Law has reached is open to challenge in two ways. First, for such a significant
    decision for Christchurch it has come about through an inadequate process. Second, it has failed to
    consider the issues properly. Unfortunately, Crown Law has formed its view on limited evidence. Click here to download the full article as a pdf         by Jeremy Johnson

  • Overseas Investment - Determining Whether Land is "Sensitive"
    The purchase of New Zealand land by overseas persons is regulated by the Overseas Investment Act 2005 and the Overseas Investment Regulations 2005. Overseas persons, being persons who are neither a New Zealand citizen nor ordinarily resident, wanting to acquire “sensitive land” in New Zealand need to apply to the Overseas Investment Office for consent. Click here to download the full article as a pdf    by David Haigh

  • Asset Planning for Farmers
    Asset planning is arranging a person’s assets and affairs to protect the person, their assets, and their family against risks, and also keep their assets and affairs in an advantageous way. Some people and their families are more exposed to certain risks than others. Jeff Kenny, a Partner with Wynn Williams, explains how these risks can arise due to occupation, age, health, financial position, and family circumstances. Click here to download a pdf of this article by    by Jeff Kenny

  • Prosecution Risks under the Resource Management Act 1991
    Did you hear the one about the developer, the contractor, the sub-contractor and the engineer? The
    contractor was responsible for the earthworks, the sub contractor carried out the works, the developer
    assured the contractor that no resource consents were required and the engineer oversaw the project. Who
    do you think was prosecuted when unconsolidated sediment made its way into streams and, ultimately, the
    sea, following heavy rain?  Click here to download the full article as a pdf       by Amanda Douglas

  • Business Borrowing: The Impact on Family Trusts
    How can business borrowing affect your family trust? Annabel Sheppard, partner, and Charlene Sell,
    solicitor, from Wynn Williams, discuss the risks of taking out a business loan secured by trust assets.  Click here to download the full articl as a pdf        by Annabel Sheppard, Charlene Sell

  • The No Asset Procedure - Easy Bankruptcy?

    Emily Walton, associate, and Edward Burrell, former solicitor, with Wynn Williams & Co, look at this from the points of view of both a creditor and a debtor. Please click here to download the full pdf of this article    

     by Emily Walton

  • The Anti-Smacking Law: Implications for Judicial Review
    The debate about the amendment to Section 59 of the Crimes Act 1961 produced so much heat that it must have contributed to global warming.  However, the compromise agreed between National and Labour prior to the passing of the Amendment Bill introduced a new clause which has ramifications beyond the mere removal of the previous defence to assault on a child. To read this article as a pdf please click here   by Jeremy Johnson

  • Trustees Indemnity - Litigation Costs
    A trustee is not always entitled to recoup his or her litigation expenses from the trust fund. Often a
    trustee will have to await the outcome of litigation before he or she can exercise any right of indemnity. There
    are now over 300,000 trusts in New Zealand and an increasing number of trust disputes are being brought before the courts (Wear “QCsaysNZneeds specialist trust bar”Lawtalk, 18 February 2008). However, it is still common for trustees to be advised that they are entitled to have their litigation expenses met out of the trust fund. This is not always the case.  Click here to read full article      by Jared Ormsby

  • Amending A Resource Consent Application Post-Notification - How Far Can You Go?
    Situations often arise during the resource consent process where an applicant may wish to change its application after the application has been notified.  The changes may result from concerns raised in submissions, a request for further information from a consent authority, or at the suggestion of the consent authority itself.  The applicant’s own advisers may even suggest that the application be amended to incorporate changes to better serve the applicant’s needs.  This raises the question of whether an applicant can amend an application after it has been notified, without the need to re-notify the application.  Click here to download the full article as a pdf  by Philip Maw

  • Protecting Our Best Friends - The Dog Control Act 1996
    Lana Paul is an associate of Wynn Williams.  In this article, Lana looks at penalties that can be imposed if dog owners are not absolutely vigilant when it comes to the control of their animals. Click here to download the full article as a pdf  
     by Lana Paul

  • The Deposit

    The vendor wants it, the agent wants it more and the buyer cannot find it. Is it important? Jonathan Gillard, partner with the Christchurch Lawlink firm of Wynn Williams, looks at the issues and tells us why collecting a deposit is so important to the vendor. Click here to download the full article as a pdf   

     by Jonathan Gillard

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