Forestry in 2023: Things to look out for this year
Our Forestry team considers a few things to look out for this year in the legal landscape of one of New Zealand’s most important industries:
Developments in land use management regime applicable to...
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 ...
Court of Appeal Overturns Employment Court’s Decision on Discretionary Bonuses in Holiday Pay
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.
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...
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...
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.
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.
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...
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...
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)....
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...
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...
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...
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. ...