Regulatory
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Commerce Commission study announced for building supplies market
The Commerce Commission is set to undertake a market study into residential building supplies for major components of residential buildings 
24.11.2021 Posted in Business Advice & Construction & Regulatory
‘Tis the season … to comply with the Fair Trading Act
Retailers will be seeking to make the most of in-store trading reopening, particularly in Auckland.
23.11.2021 Posted in Business Advice & Regulatory
Review of Anti-Money Laundering law is underway
The Ministry of Justice is carrying out a statutory review of the Anti-Money Laundering and Countering Financing of Terrorism Act 2013 (Act) to consider: how it has performed since it was introduced ...
19.11.2021 Posted in Business Advice & Regulatory
Court of Appeal Overturns Part of Employment Court’s Decision in Metropolitan Glass & Glazing
The Court of Appeal has overturned the decision of the Full Court of the Employment Court about when employer bonuses are included within holiday pay. The key is whether the employer is contractually bound to pay the bonus.
27.10.2021 Posted in Employment & Regulatory
Penalties imposed for a single phone call attempting to enter a price-fixing agreement
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...
07.10.2021 Posted in Business Advice & Regulatory
How low can you go?  Commerce Commission’s prosecution against Bunnings dismissed
The District Court recently dismissed the Commerce Commission’s case against Bunnings for alleged misleading and deceptive representations under the Fair Trading Act 1986 (FTA). In dismissing the Co...
01.10.2021 Posted in Disputes & Regulatory
Regulators do not “bend” on AML/CFT compliance: Financial Markets Authority v CLSA Premium Limited
Earlier this month, the High Court released its decision in Financial Markets Authority v CLSA Premium New Zealand Limited.
23.09.2021 Posted in Business Advice & Regulatory
AML/CFT guidance with the High Court’s decision in Reserve Bank of New Zealand and TSB Bank Limited
On 31 August 2021, the High Court of Wellington released its decision on the Reserve Bank of New Zealand v TSB Bank Limited.
09.09.2021 Posted in Business Advice & Regulatory
How much does one truly deserve?
A critical analysis of the New Zealand and Australian High Courts' approach to quantum meruit claims within the construction industry
06.09.2021 Posted in Construction & Regulatory
All about the evidence: Recent Supreme Court decision confirms extrinsic evidence rules and implication of contractual terms
The Supreme Court’s recent decision in Bathurst Resources Ltd v L & M Coal Holdings Ltd provides important guidance on the approach to the use and admissibility of extrinsic evidence for contractual interpretation and the test for implication of contractual terms.
02.09.2021 Posted in Business Advice & Regulatory
Spotlight on the Retail Grocery Sector: Commerce Commission releases preliminary results from its market study into the Retail Grocery Sector
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.
01.09.2021 Posted in Business Advice & Regulatory
COVID-19 AML/CFT Guidance and Annual Report Extension
In a recent statement by the Financial Markets Authority, the Department of Internal Affairs (DIA) and the Reserve Bank of New Zealand (together, the Supervisors), it was agreed that the submission da...
31.08.2021 Posted in Business Advice & COVID-19 & Regulatory
How to break up with a suspected money launderer: High Court Guidance
The High Court has provided guidance on how to end a business relationship with a suspected money launderer.
15.04.2021 Posted in Business Advice & Regulatory
New ICC Arbitration Rules 2021 come into force
The revised International Chamber of Commerce (ICC) Arbitration Rules for 2021 (2021 Rules) have now come into force and apply to all ICC arbitrations begun after 1 January 2021.  While the new Rules...
10.03.2021 Posted in Disputes & Regulatory
The Commerce Commission is set to undertake a market study into the Retail Grocery Sector
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)....
Privacy Act 2020: new obligations to report privacy breaches
The Privacy Act 2020 creates a new requirement to report serious privacy breaches, as from 1 December 2020. 
25.09.2020 Posted in Business Advice & Employment & Regulatory
High Court recognizes “property” in cryptocurrency
Introduction  Last week the High Court issued its decision in Ruscoe & Moore v Cryptopia Ltd (in liquidation) [2020] NZHC 728.  The decision is notable, being the first of its kind in New Zealan...
16.04.2020 Posted in Regulatory
Complaints are on the rise: A snapshot of complaints made to the Commerce Commission
The Commerce Commission (Commission) has recently released a snapshot of the complaints it has received in the year to 30 June 2019.  A copy of the Commission’s report can be viewed here. The snaps...
25.11.2019 Posted in Regulatory
Unfair Contract Terms: High Court issues its first declaration
On 12 November 2019 the High Court issued its first declaration under the Fair Trading Act 1986 (FTA) that terms in a standard form consumer contract are unfair.[1]  The Commerce Commission (Commiss...
14.11.2019 Posted in Regulatory
Arbitration Act 1996 – Reconstructing the Agreement to Arbitrate
The recent stream of alternate dispute resolution methods is part of the zeitgeist where disputants are shying away from Courts and attempting to settle their differences outside the Courtroom steps. ...
09.07.2014 Posted in Disputes & Regulatory
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