Legal articles & publications

Contract and Commercial Law Bill passed into law

By: Charlene Sell

On 16 February 2017 the Contract and Commercial Law Bill passed its third reading. The Bill consolidates 11 contract and commercial Acts into a single piece of legislation. The drafters have also taken the opportunity to update the legislation to simplify the language used and make it more accessible and easier to understand.

Changes to freshwater management

By: Lucy de Latour, Imogen Edwards

Today the Government announced a suite of further freshwater management reforms. The headline change is a new target that 90 per cent of New Zealand's lakes and rivers meet swimmable water quality standards by 2040.

Court confirms wide-ranging rating powers

By: Imogen Edwards

The recent decision of the High Court in Meridian Energy Company v Wellington City Council [2017] NZHC 48 has reaffirmed the broad discretion and wide-ranging powers of local bodies to set rates under the Local Government (Rating) Act 2002 (Rating Act). The Court has also confirmed that both general and target rates can be set differentially, within the one rating unit, depending on the use to which the land is put.

Have your say on the Draft New Zealand Energy Efficiency and Conservation Strategy

By: Imogen Edwards

The Ministry of Business, Innovation and Employment (MBIE) is calling for submissions on the recently released Draft New Zealand Energy Efficiency and Conservation Strategy 2017-2022.

Fluoridation of water in New Zealand – have your say

By: Shane Campbell

On the 17 November 2016, the Health (Fluoridation of Drinking Water) Amendment Bill (Bill) was introduced into Parliament; its aim being to amend the Health Act 1956 (Act) to enable District Health Boards (DHBs) to make decisions and give directions about the fluoridation of government drinking water supplies in their areas.

Reopening an insurance cash settlement agreement? Supreme Court says no!

By: Sarah Ulmer, Bethany Entwistle

In Prattley Enterprises Limited v Vero Insurance NZ Limited [2016] NZSC 158 the Supreme Court unanimously confirmed that a signed settlement agreement was binding on the parties, where the insured party asserts it was operating under a mistake over its entitlement under the policy. On appeal from the Court of Appeal, Prattley had (again) sought to set aside the settlement agreement it signed with its insurer Vero, on the basis that both it and Vero entered the settlement under a common mistake as to the correct measure of indemnity under the policy.

The importance of complying with court orders

By: Shane Campbell

When a court makes an order, the party or parties against whom those orders are made may well query what will happen if they do not comply with those orders. The recent decision of Palmer J in Zhang v King David Investments Ltd (in Liq) [2016] NZHC 3018 provides an example of the adverse consequences which can occur.

Injured player decides to sue – the right thing to do?

By: Nicholas Lawrence

Alex McKinnon, a former Newcastle Knights NRL player left a quadriplegic after being upended in a tackle by the Melbourne Storm's Jordan McLean in 2014, is planning to sue the NRL and Mr McLean personally, seeking damages as a result of the incident.

Training and Development in Performance Management

By: Amanda Douglas

Amanda Douglas writes for the Human Resources Magazine regarding the employers obligation to ensure that employees are provided with the required training and development necessary to complete the job they are hired to carry out.

High Court reaffirms New Zealand's stance on suing for personal injury

By: Shane Campbell

In McGougan and Dingle v Depuy International Limited [2016] NZHC 2511 the High Court was required to determine the scope of the bar against claims for personal injury in s 317(1) of the Accident Compensation Act 2001 (ACA). The particular question for consideration was whether a person could bring a claim for compensatory damages (i.e. sue for damages flowing from personal injury) in New Zealand, where they have cover under the ACA, but where the conduct giving rise to the claims occurred outside of New Zealand.

AML/CFT Phase 2: Are You Ready?

By: Hayley Buckley

If you are a lawyer, accountant, real estate agent, conveyancer, high-value goods dealer, or gambling service provider (Phase 2 Entities), it is important that you have an implementation plan for Phase 2 of the Anti-Money Laundering and Counter Financing of Terrorism Act 2009 (AML/CFT Act).

Scope widened on National Environmental Standards for Telecommunication Facilities

By: Annie Cao

The Government has recently responded to an evolving telecommunications landscape as it continues to roll out additional national planning direction in the form of national policy statements (NPSs) and national environmental standards (NESs). On 1 January 2017, the National Environmental Standards for Telecommunication Facilities 2016 (NESTF 2016) will replace the National Environmental Standards for Telecommunication Facilities 2008 (NESTF 2008).




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