Yesterday the Minister for Climate Change, Hon Simon Watts announced changes to the current settings of the New Zealand Emissions Trading Scheme (ETS).  Key changes include reduction of the number of...

There is growing awareness amongst regulators regarding the susceptibility of children and other impressionable audiences to certain types of advertising. At the beginning of the month two new Adverti...

New Zealand has officially joined the growing list of countries exploring carbon capture, utilisation and storage (CCUS) as means to accelerate decarbonisation and the transition to a lower emissions ...

Biometrics is a trending issue and with the development of technology there are consistently more ways biometric data can be used, from replacing a password to identifying repeat shoplifters in a shop...

Earlier this year, the coalition Government announced that it would be introducing a new streamlined consent pathway for build-to-rent developments by way of amendments to the Overseas Investment Act ...

As New Zealand renewable energy developments continue to attract interest from global investors, we take a look at some recent approaches of the Overseas Investment Office in assessing consent require...

The energy transition from combustion fuels to low carbon alternatives is viewed as critical in the race to cut global CO2 emissions and reach climate targets.  We look at some of the opportunities p...

A new Privacy Amendment Bill was recently introduced to Parliament.  The Bill proposes to insert a new Information Privacy Principle (IPP) 3A into the Privacy Act 2020, which would impose additional ...

One NZ (formerly Vodafone NZ) was recently a record-breaker for all the wrong reasons, receiving the largest penalty to date under the Fair Trading Act 1986 (FTA).   On appeal from the District Court...

Developers of large apartment developments holding transitional exemption certificates (which are set to expire in August 2023) may be able to get a discretionary exemption from the OIO, which would a...

The procedural obligations in redundancy and complying with the duty of good faith.

The timeframe to raise a personal grievance for sexual harassment is about to increase from 90 days to 12 months. This change will come about as a result of the Employment Relations (Extended Time for...

It is the Employment Law Team’s favourite time of year – no, not Christmas, summer or going away to the family bach. It’s Privacy Week, duh!

Struggling to keep up with the breakneck speed of recent employment legislation news?  In this article, we provide a round-up of legislation and regulatory updates for employers, including analysis a...

The Overseas Investment Amendment Act 2018 restricted investment by overseas persons in New Zealand’s housing market.  Five years on, we recap the permitted ways in which foreigners may invest in p...

The Queen Elizabeth II Memorial Day Bill has passed its Third Reading and will come into force by the end of this week.  The Bill provides the legislative framework to support the Government’s anno...

The Advertising Standards Authority’s (ASA) Alcohol Advertising and Promotion Code (Code) has been in play for just over a year now and social responsibility is top of the list of concerns with alcohol advertisements.

Summer may be over, but there are sunny days ahead for sunscreen advocates with the recent introduction of the Sunscreen (Product Safety Standard) Act 2022.

Erich Bachmann, Julika Wahlmann-Smith and Christine Leung author the New Zealand chapter of the Center for International Legal Studies’ World Intellectual Property Rights and Remedies (Thomson Reute...

On 23 January 2022, the COVID-19 Public Health Response (Vaccinations) Amendment Order 2022 (the 2022 Amendment Order) came into force.  This amends the previous COVID-19 Public Health Response (Vacc...

The Incorporated Societies Bill (Bill) had its second reading on 17 November 2021.  The Bill seeks to repeal and replace the 113 year old Incorporated Societies Act 1908 (1908 Act), in a well overdue...

The Commerce Commission is set to undertake a market study into residential building supplies for major components of residential buildings 

For some employers, Covid-19 vaccine certificates (CVCs) are required in order to operate within the Covid-19 Protection Framework (the Traffic Light System).  The scope of this requirement is slated...

The importance of subcontractors scrutinising how retention funds are held, and how they are dealt with by insolvency practitioners, was highlighted in the recent High Court decision in McVeigh v Decm...

Introduction  Covid-19 has had a significant impact on the transport sector, in particular the aviation industry. It has been common for parties affected by Covid-19 to assert that it amounts to a fo...

As 2021 draws to a conclusion and businesses begin to consider what operations will look like in the new year, it will be necessary to reflect on the impact of Covid-19 and prepare for life under the ...

While we have known for a while that the government was expanding the scope of the vaccination requirements, many schools and health providers have been waiting with bated breath for the actual Order ...

The Companies (Directors Duties) Amendment Bill 2021 (Bill) proposes to amend section 131 of the Companies Act 1993 (Act) to clarify that company directors may take into account recognised environment...

The High Court in Commerce Commission v Specialised Container Services (Christchurch) Ltd recently imposed pecuniary penalties under the Commerce Act 1986 (the Act) for an attempt to enter into a pric...

In Auckland, we’re excited to be moving to Alert Level 3, if only so we can take a break from cooking every single meal! 

On 1 September 2021, The Employment Relations Authority (Authority) determined in GF v New Zealand Customs Service [2021] NZERA 382, that the New Zealand Customs Service (Customs) was justified in its...

The retail grocery sector has garnered considerable publicity in recent times. Lockdown has intensified scrutiny on the pricing strategies and structures adopted by retailers in this sector. This follows on the back of the Commerce Commissions broader investigation of competition issues within the sector.

Liquidators have wide-ranging powers under the Companies Act 1993 (Companies Act), including the power to request directors, shareholders or any other relevant person to assist in the liquidation of a...

The events industry has been strongly affected by Covid-19.

The High Court has provided guidance on how to end a business relationship with a suspected money launderer.

While there are enough COVID-19 vaccinations to inoculate each New Zealander, it has been reported that some ‘frontline’ workers have refused to get vaccinated, or have failed to attend vaccinatio...

New Zealand has become the second country in the world to pass legislation that provides bereavement leave for mothers and their partners after a miscarriage or stillbirth.

The distinction between employee and independent contractor can be complex, particularly where the nature of the business model blurs the lines of standard employment practices.

With a myriad of government benefits available to help employees and businesses cope with the COVID-19 lockdowns, it is easy to become overwhelmed with the differing eligibility requirements and vario...

In Sandhu v Gate Gourmet New Zealand Ltd, Gate Gourmet challenged the Employment Relations Authority’s determination that the protections under the Minimum Wage Act 1983 (MWA) applied to its employe...

The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.

The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.

On 17 November 2020 the Minister of Commerce and Consumer Affairs announced a market study into the retail grocery sector through the Commerce Commission under Part 3A of the Commerce Act 1986 (Act).�...

Savvy Vineyards 4334 Ltd v Weta Estate Ltd [2020] NZSC 115

The Court of Appeal’s recent decision in Dold v Murphy highlights the importance of having an appropriate Shareholders’ Agreement in place.

The Organic Products Bill, which is currently at the Select Committee stage, proposes to introduce a regime to regulate claims made by businesses that products are organic (known as making an “organ...

Not since Y2K have force majeure clauses been of so much focus.

A recent decision by New Zealand’s Advertising Standards Authority (“ASA”) concerning a sponsored Instagram story posted by a well-recognised New Zealand personality, serves to remind all partie...

The long awaited reform to New Zealand privacy law is currently making its way through the final stages in Parliament, and is expected to become law on 1 November 2020. The Privacy Bill (which when en...

First prosecution for serious breaches of director’s duties under the Companies Act.

The legal distinction between contractors and employees can sometimes be a fine one. Being an employee, rather than a contractor, is generally (and in most cases) advantageous to the worker as it prov...

On Tuesday afternoon the government introduced legislation to implement the changes to the Companies Act 1993 (the Act) it announced in early April.  These changes are intended to assist companies to...

Alert Level 3 is upon us.

The current COVID-19 lockdown has brought many businesses to a standstill and, at the very least, interrupted all businesses.  In light of supply chain and workforce difficulties, together with the i...

Businesses can now start applying to their banks for loans under the $6.25 billion Business Finance Guarantee Scheme (“BFGS”), set up to support small and medium-sized businesses during the COVID-...

The Government, retail banks and the Reserve Bank recently announced a major financial support package for businesses affected by the economic impacts of COVID-19. The package includes a $6.25 billion...

We have prepared the following tips for businesses to guide them through the current circumstances.  Urgent advice should be sought where cash flow problems are arising, or where contractual obligati...

The COVID-19 situation is rapidly evolving, and employers need to be continually assessing and reassessing their response. This article is being updated regularly: the last update was 24 March 2020. L...

Late last year, the Personal Property Securities Register (“PPSR”) upgraded its interface to a more user-friendly platform. However, some things have not changed. You will still not be notified by...

Whatever business you’re in, your customer terms and conditions are fundamental and foundational.

While the exact nature and terms of a distribution agreement will vary between industries and jurisdictions, these 6 issues will always be important.

Firm receives recommendations and commentary in 2018 Legal Directories

Recognised in Legal 500 Asia Pacific 2017 Legal Directory

The Companies Act gives no guidance on how to determine whether a director will pass the Residency Requirement in New Zealand.