News

Havelock North drinking water inquiry – Stage 2 outcomes
6 Dec 17

The report on the Havelock North drinking water inquiry has been released on 6 December 2017. A copy of the report can be found here. The report contains comprehensive, wide-ranging and forceful recommendations for improvement to reticulated water supplies across New Zealand. In particular the ...

What rights will be lost for property owners under the Wakatipu Basin Variation?
4 Dec 17

A number of landowners in the Wakatipu Basin of the Queenstown Lakes District are set to lose development rights under Council's proposed 'Wakatipu Basin Variation'. Any person can submit on the Variation through the public submission process, which closes 23 February 2018. Queenstown Lakes District ...

A new approach to overseas investment approval
2 Dec 17

On 28 November 2017 Finance Minister Grant Robertson issued a new ministerial directive letter to the Overseas Investment Office ("OIO"). This directive letter increases the relative importance of factors the OIO is to consider when reviewing an application by an overseas person to purchase rural ...

Rights to be removed for visitor accommodation in Queenstown
30 Nov 17

Under the operative district plan it is permitted to rent a dwelling out as visitor accommodation (Air BnB or similar) for up to 90 days per year, with a minimum 3 night let. Under the proposed district plan, for all residential zones, business mixed use ...

Latest sentencing decision a stark and timely reinforcement of the need to manage Health and Safety risks, including hazardous substances
28 Nov 17

The District Court at Manukau has sentenced Salters Cartage and its director, Ron Salter, for the fatal explosion which killed a contractor in 2015. Judge McIlraith has handed down the most significant sentence against a director since the inception of the Health and Safety at ...

Stage 2 of Queenstown District Plan Review notified
24 Nov 17

Stage 2 of the District Plan Review has been notified. Submissions from the public close on 23 February 2018. Stage 2 includes changes to the transport, earthworks, signage and visitor accommodation rules, and the introduction of five new Open Space and Recreation Zones as well ...

Agricultural sector needs to consider the way it deals with Hazardous Substances
22 Nov 17

New rules relating to the safe production, transport, handling, use and disposal of hazardous substances are in force from 1 December 2017. The Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations) will have wide-reaching implications when it comes into force next month. ...

Proposed key changes to employment law under Labour government
1 Nov 17

With a new Labour led coalition government formed, there are many new policies that Labour plans to implement shortly. The key changes we can expect include: Worker Protection Within the first 100 days in Government, Labour intends to: • Replace National's 90 day 'fire at ...

Obligations and Responsibilities for Employers and Employees Seminar
21 Sep 17

Anderson Lloyd in conjunction with Polson Higgs presents an employment law seminar on employer and employee obligations for Central Otago employers and HR personnel. Secure your place for Thursday, 28 September 2017 in Cromwell. A range of topics from payroll, seasonal workers to immigration policy ...

RMA reforms commencing October 2017 – Are you reformed and ready?
18 Sep 17

RMA reforms commencing October 2017 – Are you reformed and ready? The Resource Legislation Amendment Act 2017 (RLAA) was passed into law in April 2017, with wide-ranging reform across not only the Resource Management Act 1991 (RMA), but also the Conservation Act 1986, Reserves Act ...

Summary of the National Environment Standards for Plantation Forestry
23 Aug 17

The Governor-General has by Order in Council announced the Resource Management (National Environment Standards for Plantation Forestry) Regulations 2017 (the Regulations), to come into force on 1 May 2018 (the operative date). The Regulations control how regional councils and territorial authorities (Councils) treat a suite ...

The Contract and Commercial Law Act 2017
17 Aug 17

The Contract and Commercial Law Act 2017 (Act) comes into force on 1 September 2017. The Act is intended to re-enact, in an up-to-date and accessible form, a number of contract and commercial statutes. The statutes to be repealed by, and consolidated within, the Act ...

Aquaculture Reforms
29 Jun 17

The Ministries for Primary Industries and the Environment are jointly consulting on a proposed National Environmental Standard for Marine Aquaculture (NES). Submissions on the proposal are due Tuesday 8 August 2017. A number of consultation meetings are occurring around the country between now and the ...

Te Waikoropupū springs Water Conservation Order Announced
22 Jun 17

Anderson Lloyd's Queenstown Environment, Planning, and Natural Resources Team are proud to have assisted co-applicants, Ngāti Tama Ki Te Waipounamu Trust and Andrew Yuill, in their application for a Water Conservation Order (WCO) over Te Waikoropupū Springs and associated water bodies (including the aquifers, Tākaka ...

AL’s Auckland office attracts leading property law expert and appoints new infrastructure partner
1 Jun 17

One of New Zealand’s most experienced commercial property lawyers, Alan Paterson, has joined Anderson Lloyd’s Auckland office after 22 years as partner at Russell McVeagh, and prior to that as partner at Chapman Tripp. He is joined by Russell McVeagh senior associate Dan Williams who ...

Landmark transfer of social housing properties in Tauranga
11 Apr 17

Anderson Lloyd is one of three top firms that acted on the government’s landmark transfer of social housing properties in Tauranga. Anderson Lloyd acted for Accessible Properties New Zealand while Minter Ellison Rudd Watts advised Westpac New Zealand and Westpac Banking Corporation, and Bell Gully ...

Resource Legislation Amendments passed into law
11 Apr 17

Resource Legislation Amendments passed into law The Government's overhaul of the resource legislation was passed into law on 6 April 2017 with the support of the Māori Party. The key changes to resource law were set out in our article that can be viewed here. ...

Resource Management Amendments on the move again
10 Mar 17

The Environment and Local Government Select Committee has reported back on the Resource Legislation Amendment Bill (the Bill). The Bill is very large and includes many changes to resource law that are not mentioned in this article. We have focussed on changes made by the ...

Migrant worker exploitation – not in our back yard
24 Feb 17

Employers of migrant workers, beware. From 1 April 2017 even a minor failure to comply with minimum employment standards could result in a ban on hiring migrant workers for between six months to two years. The announcement by Immigration Minister, Michael Woodhouse should come as ...

Significant change to assessing resource consents – King Salmon rationale applies to resource consent applications
10 Feb 17

Since the Supreme Court dismissed the "overall judgement" approach of analysing Part 2 when considering plan provisions there has been uncertainty about how to apply the Environmental Defence Society Incorporated v New Zealand King Salmon 1 (King Salmon) reasoning to resource consent decisions. The High Court ...

The minimum you can do…
25 Jan 17

The New Zealand Government announced the minimum wage rate is to increase from 1 April 2017. The new rate for all adult employees will rise by $0.50 to $15.75 per hour. The starting-out rate and training minimum wage rate is to increase from $12.20 to ...

Chamber & Partners Ranking – Energy & Natural Resources
23 Jan 17

Basic facts about the department Head of department: Maree Baker-Galloway - 5 partners - 7 other qualified lawyers What the team is known for Growing practice with notable expertise across the energy sector, with particular strength in PPP projects and water matters. Also offers assistance on major renewable ...

Chamber & Partners Ranking – Banking & Finance
23 Jan 17

Basic facts about the department Head of department: Geoff Busch  - 6 partners - 8 other qualified lawyers What the team is known for Well-regarded practice that continues to extend its reputation for assisting international and domestic clients in debt financing transactions. Recognised for its substantial PPP experience and notable track record on infrastructure financing. Strengths The ...

Employment Agreements – Are you complying?
19 Jan 17

The Employment Relations Amendment Act 2016 came into force on 1 April 2016 and new employees from that date must have an employment agreement that complies with those amendments.  For existing employees hired on or before 31 March 2016, employers have until 1 April 2017 ...

New process for settling Kaikoura Earthquake claims
14 Dec 16

NPS Urban Development Capacity approved New process for settling Kaikoura earthquake claimsVictims of the Kaikoura Earthquake will welcome the news that some long-overdue co-operation between private insurers and the Earthquake Commission (EQC) has finally arrived. EQC and members of the Insurance Council of New Zealand ...

Anderson Lloyd success at New Zealand Law Awards
18 Nov 16

Anderson Lloyd is celebrating a third consecutive win as Best Mid-Sized Law Firm of The Year, following last night's New Zealand Law Awards in Auckland. Anderson Lloyd also won the prestigious Employer of Choice Award, for firms with more than 100 staff. "This important recognition ...

In other news – the Resource Management reform legislation is still alive
11 Nov 16

In other news – the Resource Management reform legislation is still alive Last November the Resource Legislation Amendment Bill (the Bill) was introduced. The Bill proposed major changes to the RMA including: vastly increased options for Ministerial interference in local plans; major changes to consent ...

NPS Urban Development Capacity approved
7 Nov 16

The Government has recently announced its approval of the National Policy Statement for Urban Development Capacity ("NPS"). The NPS will become operative on 1 December 2016 with all objectives and certain policies having immediate legal effect. The remainder of the NPS comes into force in ...

NBR Article: Anderson Lloyd’s gold rush
26 Oct 16

Anderson Lloyd's origins in the Dunedin gold rush days, a mere 154 years ago when Bryan Haggitt set up what has become one of New Zealand's oldest law firms, has continued, with the recent $130 million deal involving the sales of Newmont's Waihi mine by ...

Anderson Lloyd take up residence in prestigious Britomart location
4 Oct 16

Leading national law firm Anderson Lloyd has this week moved its Auckland Office into Britomart's prestigious Australis Nathan Building. The new office, is located in architecturally refurbished floor space above internationally renowned stores Tiffany & Co and Chanel. "A central location is important to the people ...

25 Years of the RMA and CMA
29 Sep 16

1 October marks 25 years since both the Resource Management Act 1991 (RMA) and Crown Minerals Act 1991 (CMA) came into force [1]. Both Acts represented significant reform and as Sir Geoffrey Palmer QC has said "The Resource Management Act Law Reform Project was the ...

Anderson Lloyd Finalist in the New Zealand Law Awards
23 Sep 16

Anderson Lloyd is delighted to have been nominated as a finalist in six categories in the New Zealand Law Awards. Anderson Lloyd is a finalist in: Deal Team of the Year (more than 100 Employees) Employer of Choice (more than 100 Employees) Mid-size Law Firm ...

Conducting a fair employment investigation
15 Sep 16

The Court of Appeal has provided some helpful guidance for employers when conducting an employment investigation in the recent decision of A Limited v H [2016] NZCA 419. The justification test Employers are required to undertake a fair process before taking any adverse action against ...

Three more years of affordable housing legislation
7 Sep 16

The Housing Accords and Special Housing Areas Act 2013 ("HASHAA") first came into force on 16 September 2013. The purpose of the Act is to enhance housing affordability by facilitating an increase in land and housing supply in certain regions or districts identified as having ...

Super City Plan adopted
19 Aug 16

The Council's decision on the Proposed Auckland Unitary Plan is due to be released this afternoon (19 August). You will be able to view the final decision here: "AUP Decision". See our website article for further information on what the process has involved to date, ...

‘Super City’ Plan recommendations may make a political perfect storm
27 Jul 16

Today the Independent Hearings Panel will publicly release its recommendations to the Auckland Council for the first Auckland Unitary Plan. View the Panel's recommendations as they come live here: Understanding the Process The Unitary Plan is the first resource management plan developed for the Auckland ...

Be aware of new residential land withholding tax implications
25 Jul 16

Residential land withholding tax (RLWT) came into effect on 1 July 2016.  The RLWT regime is part of a suite of recent regulatory reforms that relate to residential property transactions. The reforms already in place include: The introduction of a "bright line" test which requires ...

Anderson Lloyd Promotes Four to Senior Solicitor
3 Jun 16

Effective1 June, Anderson Lloyd is happy to announce the promotion of Kelsi Anderson (Commercial, Dunedin), Sophan Pearson (Commercial, Dunedin), and Nathan Watt (Commercial, Dunedin) to the position of Senior Solicitor. They join Jonathan Nicolle (Litigation, Christchurch) who was promoted to Senior Solicitor in April. Anderson ...

Anderson Lloyd Partners Named on 2016 ‘Hot List’
3 Jun 16

Anderson Lloyd has two of the hottest private practice lawyers in the New Zealand market, according to a recent report. The NZ Lawyer Magazine has published the results of its Hot List 2016, which identifies the country’s top trailblazing lawyers. Anderson Lloyd Partners Jen Crawford ...

Councils under (housing) arrest
2 Jun 16

Government today released its proposed National Policy Statement Urban Development Capacity ("NPS-UDC"). This release follows on from high level consultation undertaken last year, see our article - An Entirely New Approach to Urban Planning in the Wind. The proposed NPS-UDC is one instrument in a ...

Resource Management Act reforms delayed
2 Jun 16

The progress of the Government's reform of the Resource Management Act 1991 has slowed. The Local Government and Environment Select Committee were due to report back on the Resource Legislation Amendment Bill to the House on 3 July[1]. An extension has been sought and granted ...

Water Rights and the Supreme Court’s Decision
25 May 16

The Supreme Court's decision in Hampton v Canterbury District Council [2016] NZSC 50 is the latest in a lengthy series of litigation concerning the Hamptons and the important issue of what rights in a resource are granted by the issuing of a resource consent. In a ...

Earthquake-prone Buildings New Law Passed
20 May 16

The Building Act has included provisions to manage earthquake-prone buildings for some time. After the Canterbury earthquakes the Government instigated a Royal Commission that recommended changes to these provisions. The changes initially promoted by Government were contentious and have been significantly amended via the Select ...

QLDC Funding and Rating Changes 2016
26 Apr 16

Queenstown Lakes District Council ("QLDC") has announced its latest changes to its Funding and Rating policies which form part of its 2016-2017 Annual Plan (the "Plan"). The Plan was notified on 6 April 2016 and submissions close to the public on 29 April 2016. Key ...

Lawyer plays role in supporting the youth of Otago
21 Apr 16

Young people often struggle with the pressures of growing up in a rapidly evolving world. Otago's Youth Wellness Trust  (OYWT) works to support young people in the 11-18 age group to cope with the challenges that they face as they navigate the pressures of family, ...

Government Continuing Its Reform of Local Government Sector
8 Apr 16

The Government has announced that it intends in June this year to propose a Bill to amend the Local Government Act 2002.  The aim is to have this Bill in force in 2016, so it is available for councils to use next year.  This legislative ...

Anderson Lloyd promotes two in Christchurch
1 Apr 16

Effective 1 April, Anderson Lloyd has appointed Andrew Orme to Senior Associate and Steph Gifford to the position of Associate. Andrew and Steph are both in the Christchurch Commercial team, with Andrew specialising in corporate, commercial and property, while Steph focusses on property and private ...

Capital Raising for Irrigation – Financial Markets Conduct Act 2013
18 Mar 16

Most directors will be familiar with the requirement to issue a prospectus under the old Securities Act 1978 ("Old Act") when an "offer to the public" is made. However, the old regime was recently replaced with the repealing of the Securities Act 1978 in favour ...

Proposed Changes to Freshwater Management
25 Feb 16

The Ministers for the Environment and Primary Industries have announced a range of proposed changes to a number of instruments to improve freshwater quality in a consultation document called "Next steps for fresh water". In making the announcement Hon Dr Nick Smith noted that New ...

Are Canterbury earthquake claimants running out of time?
2 Feb 16

The sixth anniversary of the Canterbury September earthquake is fast approaching. With it, comes another worry to add to the anxiety and uncertainty facing those who have not yet resolved insurance issues arising from that earthquake and those that followed. Under limitation law, there is ...

An Entirely New Approach to Urban Planning in the Wind?
9 Dec 15

The Productivity Commission has released an Issues Paper - Better Urban Planning - calling for input on the future of urban planning in New Zealand.  The Issues Paper raises fundamental and wide-ranging questions about the planning system and suggests a complete re-think of the way ...

Anderson Lloyd Partner Recognised in Women of Influence Awards
27 Nov 15

Anderson Lloyd’s Jen Crawford takes on her share of the law firm’s pro bono work, and has been recognised as part of a group of women breaking through the glass ceiling. Crawford recently took inspiration from the 2015 Women of Influence Awards, having been selected ...

Government’s Long-awaited RMA Reforms Gain Support for First Reading
26 Nov 15

Today, after much anticipation, Hon Dr Nick Smith, Minister for the Environment, introduced the Resource Legislation Amendment Bill 2015 (the Bill) into Parliament for its first reading. The government has been considering amendments to the Resource Management Act 1991 (RMA) since Minister Adams was in ...

Anderson Lloyd Wins National Law Award for Second Year in a Row
20 Nov 15

Media Release - 20 November 2015 Anderson Lloyd has won mid-size law firm for the second year in a row at the annual New Zealand Law Awards as the firm continues to expand in Auckland. The breadth of knowledge at Anderson Lloyd and the firm’s ...

Anderson Lloyd in latest Asia Pacific Legal 500 rankings
12 Nov 15

Anderson Lloyd has been recommended in seven practice areas in the 2015 Asia Pacific Legal 500 guide. The firm was recognised in: banking and finance, corporate and M&A, dispute resolution, environment, projects and resource management, real estate and construction, and restructuring and insolvency.  Nine Anderson ...

Lawyer plays big role in conserving natural stronghold
5 Nov 15

Preserving and enhancing indigenous biodiversity is the prime goal of the Banks Peninsula Conservation Trust, which has placed protection covenants on approximately 1000 hectares of sensitive land since 2001. The peninsula is a haven for rare and protected native flora and fauna, and the trust’s ...

SCAPE Public Art – lifting the spirit of the city
29 Oct 15

Millions of people will see the art work placed around Christchurch by the SCAPE Public Art Trust, but only a few will ever be aware that without time donated by a few dedicated, passionate lawyers none of those works would be standing. Since 1998 SCAPE ...

Rural land in Queenstown Lakes District – What does the District Plan Review mean for you?
15 Oct 15

The District Plan Review (DPR) has been notified. Submissions from the public close on 23 October 2015. Many of the district's rural land has been re-zoned. In addition, the provisions relating to rural land are proposed to change significantly. There are three main categories of ...

Low Density Residential Zones – What does the Queenstown District Plan Review mean for you?
14 Oct 15

The District Plan Review has been notified. Submissions from the public close on 23 October 2015. Areas such as Kelvin Heights, most of Fernhill/Sunshine Bay, Frankton, uphill of Frankton Road, Arthurs Point, most of Arrowtown and much of Wanaka will remain zoned “Low Density Residential”. ...

Arrowtown Residents – What does the Queenstown District Plan Review mean for you?
13 Oct 15

The District Plan Review has been notified.  Submissions from the public close on 23 October 2015. Arrowtown is proposed to be zoned a mix of low density residential, medium density residential and Arrowtown Residential Historic Management Zone: http://www.qldc.govt.nz/assets/Uploads/Planning/District-Plan/Maps/Map-27-Arrowtown.pdf. In the operative Plan, Arrowtown's zones are ...

New Zealand’s First Environmental Reporting Act
6 Oct 15

Parliament passed the Environmental reporting Act 2015 into law on Thursday 24 September. This legislation will make environmental reporting mandatory for the first time in New Zealand. The purpose of the legislation is simply 'to require regular reports on New Zealand's environment'. The Act also ...

Changes to Pool Safety Rules
5 Oct 15

The Building (Pools) Amendment Bill was introduced for its first reading on 16 September, amending the Building Act 2004 and repealing the Fencing of Swimming Pools Act 1987. This Bill has implications for all owners of pools as well as developments incorporating water garden features ...

New President for the Resource Management Law Association of New Zealand Inc.
2 Oct 15

Maree Baker-Galloway, Partner at Anderson Lloyd, specialising in environmental law and based in Queenstown, was elected President of the Resource Management Law Association of New Zealand Inc (RMLA), at the Association’s recent annual conference held in Tauranga. Maree has been a member of the Association’s ...

Queenstown District Plan Review
11 Sep 15

Kelvin Heights - What does the Queenstown District Plan Review mean for you? The District Plan Review has been notified. Submissions from the public close on 23 October 2015. Kelvin Heights will be zoned the same as areas such as Fernhill/Sunshine Bay, Frankton, uphill of ...

Health and Safety Reform Bill and the Health and Safety at Work Act 2015
9 Sep 15

On 4 April 2016, the Health and Safety at Work Act 2015 will come into force. It provides a significant change to New Zealand's current health and safety legislation, and is a response to the scrutiny placed on our health and safety practices following the ...

Southland Water and Land Plan – Consultation
7 Aug 15

Environment Southland ("Council") has released a non-statutory consultation document "Towards a New Plan" in preparation for the Proposed Water and Land Plan ("the Plan"). The aim is to formally notify, and invite submissions on the Plan in early 2016; however this consultation stage is vital ...

New Proposed Standards for Forestry
4 Aug 15

Government has been working on the idea of a forestry national environmental standard (NES) for some time and has been consulting with a range of parties.  A NES is a regulation that prescribes technical standards that are imported into RMA plans.  This means that where ...

Supreme Court dismisses Southern Response Appeal
31 Jul 15

The Supreme Court has released its decision in Southern Response v Avonside Holdings Limited and dismissed the appeal by Southern Response.  This decision clarifies what must be included when an insurer is calculating the notional cost of rebuilding an insured property. Background A residential property ...

Councils Told to Work Together and Reduce Spending
28 Jul 15

Mayors, councillors and senior council staff recently met in Rotorua where they were addressed by Hon Paula Bennett, the Minister for Local Government. Two substantive issues were addressed by the Minister, being amalgamations and funding sources. Amalgamation Since the creation of the Auckland super city ...

Christchurch Replacement District Plan – Stage 3 Notified
27 Jul 15

Stage 3 of the Christchurch Replacement District Plan has been notified, with submissions closing 4 September. This covers the Central City, natural and built heritage, coastal and natural hazards, a special purpose flat land recovery area for the red zone, and remaining parts of the ...

Fictitious Profits – Recovering Money from Ponzi Scheme Investors
17 Jul 15

On 22 June 2015, the High Court released a decision in respect of an investor in the Ross Asset Management Limited ("RAM") Ponzi scheme.  Fisk v McIntosh [2015] NZHC 1403 has implications for all investors in RAM and similar Ponzi schemes.  The decision will be ...

Changes to the Residential Tenancies Act
10 Jul 15

Building and Housing Minister Dr Nick Smith announced on Thursday 9 July that the Government is proposing to amend the Residential Tenancies Act 1986 to improve rental standards and tenancy services. For many landlords the proposed changes will be significant. The proposed changes are: a ...

EQC Gets Its Own Shake-Up
9 Jul 15

Despite initial comments from Earthquake Recovery Minister Gerry Brownlee that any changes to New Zealand's Earthquake Commission ("EQC") scheme would be minor, proposals released yesterday (Monday 6 July) on the back of the Government ordered review, suggest it may be in for its own shake-up. ...

Environment Canterbury transition plan announced
8 Jul 15

The Government has today announced that Environment Canterbury (ECan) will move to a mixed governance council of seven elected councillors and up to six appointed in 2016 as a transition to a fully elected council in 2019. Elected representatives were replaced in March 2010 by ...

Regenerate Christchurch
2 Jul 15

The Government has announced new legislation as part of the transitional phase for CERA.  The Greater Christchurch Regeneration Bill will replace the Canterbury Earthquake Recovery Act 2011, which expires in April 2016. Associated with this is the draft Transition Recovery Plan, which sets out proposals ...

Irrigation Schemes – Co-operative vs Private Equity Models
18 Jun 15

With the possibility of one or two exceptions, all irrigation companies are run on co-operative principles whereby farmers pool resources to build and maintain their scheme to make the cost of irrigation more affordable. By sharing resources, farmers lower the average costs of capital. Sharing ...

New Tax Rules for Buying and Selling Residential Property
18 May 15

Yesterday Prime Minister John Key confirmed that this week's Budget will include a number of new tax rules for people buying and selling residential property. Most significantly, the rules will include: Requiring non-residents and New Zealanders buying and selling property (other than their main home) ...

Christchurch Replacement District Plan – Phase 2 open for submissions
4 May 15

Phase 2 of the Replacement District Plan has been notified, with submissions due 15 June.  Phase 2 covers certain residential areas of the city (including new neighbourhoods and character areas), open space and rural areas (including quarrying), hazardous substances and contaminated land management, as well ...

Unfair Contract Terms Update – Time to Review Your Contracts
15 Apr 15

The final consumer law reform 2013 changes have just been implemented. On March 17 the unfair contract term regime comes into force, prohibiting unfair terms in standard form consumer contracts between businesses and consumers. Consumers who consider a term in a standard form contract is ...

ANZAC Day has been “Mondayised”
15 Apr 15

While we will still be remembering and celebrating the ANZACs on Saturday 25 April this year, for most employees the ANZAC day holiday will be observed on Monday 27 April.  In future this will also apply to Waitangi Day when it falls on a Saturday ...

New Government Policies in Force from Today
1 Apr 15

A number of new Government social policies come into force today. Paid Parental Leave Labour MP Sue Moroney's proposed bill to extend paid parental leave to six months was defeated last month.  Instead, paid parental leave increases by two weeks to 16 weeks today. The ...

Anderson Lloyd promotes four to Senior Associate
1 Apr 15

Effective 1 April, Anderson Lloyd has appointed four new Senior Associates, joining Robert Huse (Commercial, Queenstown) and Taryn Gudmanz (Litigation, Dunedin) who were promoted last year. They are Alex Booker (Resource Management, Christchurch), Rachel Brooking (Resource Management, Dunedin), Emma Burke (Commercial, Dunedin) and recent lateral hire, from ...

From Red Tape to Green Gold – the RMA Reform Debate Continues
27 Mar 15

On 23 March, 2015, the New Zealand Initiative, an independent business think-tank, published a report titled 'From Red tape to Green Gold'. The report is the second in a two-part series on the country’s mineral resources and the regulatory barriers which prevent or slow access ...

Protection of Retentions – Amendments to the Construction Contracts Amendment Bill
19 Mar 15

Proposed amendments to the Construction Contracts Act Amendment Bill have been announced by the Minister for Building and Housing on 11 March.  These will give subcontractors in particular greater security that they will get paid for work done, by requiring retention money under commercial  construction ...

Anderson Lloyd House featured in Commercial Design Trends magazine
16 Mar 15

Change is inevitable when a city CBD is rebuilt virtually from scratch. But it’s the innovative architectural solutions that are turning heads in Christchurch as the first of the new buildings come on stream. Anderson Lloyd House, owned by Amherst Properties, is one of the ...

Waimea Community Dam approved
2 Mar 15

Independent Commissioners have granted consents to the Waimea Community Dam in Tasman District. The project involves the construction of a concrete faced rockfill dam that will enable water to be stored in a reservoir with a capacity of 40 million cubic metres. Water will then ...

First decision on Christchurch’s Replacement Plan released
26 Feb 15

The Strategic Directions and Strategic Outcomes decision made by the Christchurch Replacement District Plan (Replacement Plan) Hearing Panel was notified today. The Decision made extensive changes to the Council's notified version to ensure it was focused on key issues for Christchurch and provided clear direction.  ...

Supreme Court Clarifies Position for Creditors and Liquidators
20 Feb 15

In overturning the Court of Appeal in the Fences and Kerbs case[1] the Supreme Court has issued an important decision which affects both liquidators and anyone who supplies goods and services on credit terms. The decision relates to voidable transaction claims brought by liquidators of ...

Flood Prone Properties – Who is liable? High Court Releases Decision on EQC Policy
12 Feb 15

As a result of the Canterbury Earthquakes, many areas of the province suffered damage resulting in "Increased Flooding Vulnerability," ("IFV") a phenomenon where as a consequence of the earth movements land levels changed  becoming more prone to flooding and liquefaction. The Earthquake Commission ("the Commission"), ...

Reform of resource consent application processes
4 Feb 15

As of 3 March 2015, Resource Management Amendment Act 2013 reforms take effect to honour government promises to speed up council decisions on "medium sized" projects. The reforms clarify and add to requirements for information to be included within a resource consent application and the ...

Another victory for homeowners – the Supreme Court clarifies how cash payments are to be calculated
3 Feb 15

The Supreme Court decision, Tower Insurance Limited v Skyward Aviation 2008 Limited [2014] NZSC 185, released late last year, provides some clarity about how cash payments by insurers are to be calculated where the insured holds a full reinstatement insurance policy. Skyward Aviation 2008 Limited ...

Overhauling the RMA
22 Jan 15

On 21 January 2015 Environment Minister Dr Nick Smith outlined the Government's plans to 'substantially overhaul' the Resource Management Act (RMA). The changes are certainly more than mere 'tinkering' but they do not remove any current fundamentals from the RMA. Opinion will be divided on ...

High Court Allows Appeals on the Tukituki Decision
18 Dec 14

The High Court has decided that the Board of Inquiry made material errors in its decision on Plan Changes to the Hawke's Bay Regional Plan for the Tukituki Catchment and associated resource consents for the Ruataniwha Water Storage Scheme[1]. These proposals seek to address water ...

Lapsed consents and tax implications
3 Dec 14

The global financial crisis slowed the implementation of many consented developments around the Queenstown Lakes district. Over that period of inactivity many resource consents would have lapsed. The Inland Revenue Department (IRD) are now undertaking an investigation and have obtained information regarding lapsed consents from ...

Changes to drink-driving limits from 1 December 2014
28 Nov 14

With Christmas just around the corner, drivers need to be aware of the changes to drink-driving limits that will apply from 1 December 2014. These changes include a significant reduction of the current drink-driving limits and the creation of infringement offences for driving in excess ...

National Law Award Acknowledges Anderson Lloyd’s Leading Expertise
18 Nov 14

Anderson Lloyd was named “Mid-Size Law Firm of the Year” at the 10th annual New Zealand Law Awards, cementing the firm as a top-tier nationwide practice. The award acknowledged excellence in client service and leading expertise in advising across a broad range of practice areas. ...

Court of Appeal confirms requirements for redundancy
17 Nov 14

The Court of Appeal recently issued the judgement Grace Team Accounting Limited v Judith Brake [2014] NZCA 541 confirming previous decisions of the Employment Court that employers' reasons for making an employee redundant will be vigorously tested. Background The case was an appeal against a ...

The Central Otago District Council’s District Plan Review Discussion Document
24 Oct 14

The Central Otago District Council's District Plan has been operative since 2008 and is currently under full review. The Council has identified potential changes to its District Plan that will be addressed in the review. Those changes have been notified in a Discussion Document and ...

Court of Appeal clarifies Notional Rebuild Costs
17 Oct 14

Many insurance policies allow either the insurer or the insured whether to elect to rebuild damaged premises on the same site, or purchase a new house elsewhere provided that the cost of the new house does not exceed the cost of rebuilding on the insured's ...

The New .NZ Domain Names – Protecting Your Brand
16 Oct 14

As of 30 September 2014 you can now register shorter, simpler web addresses ending with just .nz instead of .co.nz, .org.nz, .net.nz and so on. Most people who already have an existing New Zealand domain name will be able to take advantage of a six-month ...

Update on Christchurch Replacement District Plan
10 Oct 14

Priority matters announced CERA has announced the terms of reference for the hearing of the Christchurch Replacement District Plan, which include identification of priority matters. The priority matters, on which a decision must be released by 28 February 2015, are: the Strategic Directions proposal; temporary ...

Christchurch City Report: Is insurance work tailing off?
8 Oct 14

When asked about the past year, Christchurch’s lawyers all seem to use the same two words to describe the city’s legal market: busy and buoyant. For many firms 2013 was a record-breaking year that saw strong performances across all practice areas, and so far 2014 ...

RMA Reforms Prioritised
7 Oct 14

The new government has indicated it intends to press ahead with the RMA reforms it signalled, but was unable to pass without support, earlier this year (see links to previous articles outlining the proposed changes here and here). The fact National no longer has a ...

Annual holidays – when can you refuse a request?
16 Sep 14

The Holidays Act 2003 provides that an employer must not unreasonably withhold consent to an employee's request to take annual holidays. When can an employer withhold consent without being unreasonable? A recent case, Dearsly v Encore Designer Seconds Ltd, provides a useful example of this ...

QBE Insurance, Wild South, Marriott, Crystal Imports case summary
12 Sep 14

Court of Appeal releases judgment on reinstatement clauses The Court of Appeal recently delivered a judgment in the joint appeals of: Wild South Holdings Limited v QBE Insurance (International) Limited [2013] NZHC 2781 Marriott v Vero Insurance New Zealand Limited [2013] NZHC 3120; and Crystal ...

Successful Defence to RMA Prosecution
4 Sep 14

Rare successful defence to RMA prosecution – Eliot Sinclair and Partners Ltd A recent Environment Court decision ((Canterbury Regional Council v Eliot Sinclair and Partners Ltd, CRI-2013-009-010492, 11 July 2014, Judge BP Dwyer)) sets the bar for successful defence of a prosecution under the Resource ...

Court of Appeal clarifies misleading advertising
3 Sep 14

Consumers are familiar with being made offers through advertisements; however the conditions attached to such offers have recently come under scrutiny. On 27 August 2014 the Court of Appeal released the decision Godfrey Hirst NZ Limited v Cavalier Bremworth [2014] NZCA 418 clarifying when advertising ...

Replacement Plan for Christchurch City notified
27 Aug 14

This is significant for anyone with an interest in rebuilding and development in Christchurch. The process will be streamlined with limited appeal rights. Participation in what is essentially the only opportunity to influence the content of the Christchurch Replacement Plan is key. The stage one ...

Who is an “Associate” of an Overseas Person?
26 Aug 14

It is not only overseas persons but also their New Zealand associates who need to have consent to buy sensitive land in New Zealand.  An attempt by an overseas person to avoid applying for consent by arranging for a New Zealander to buy the land ...

Sustainable Business Council: Pre-Election Briefing – Business Lifting the Ceiling, Government Raising the Floor
12 Aug 14

The Sustainable Business Council ("SBC") has just released its pre-election briefing which aims to share its members' views on the concept of sustainability, and explain how business can work with and inform the government after the election.  SBC's pre-election briefing has identified areas where business ...

Tips for Disciplinary Investigations
12 Aug 14

Are you confident that your disciplinary investigations would stand up to the scrutiny of the Employment Relations Authority?  Here are some tips to help you, from a real life example. Mr Waite and Mr Speechley worked for KiwiRail.  Mr Speechley complained that someone had deliberately ...

Anderson Lloyd Recognised at Australasian Women in Business Law Awards
11 Aug 14

Anderson Lloyd continues to position itself as an industry leader, taking out three awards at last night’s (August 7, 2014) Australasian Women in Business Law Awards in Sydney. One of the South Island’s largest law firms, which last week announced the opening of an Auckland ...

Further Round of Local Government Act Amendments Passed; New Council Processes Required
31 Jul 14

The past few years have seen a series of amendments to the Local Government Act 2002. Some changes have been fundamental such as the changes to the purpose of Local Government from a focus on the wellbeing of the community to a restricted focus on ...

Partners Leave Russell McVeagh to Establish Anderson Lloyd Auckland Office
25 Jul 14

In one of the legal fraternity’s most significant moves in recent years, three Russell McVeagh partners have joined forces to form the new Auckland office of Anderson Lloyd, one of the South Island’s largest law firms. From Monday (28 July) Geoff Busch, Chris Bargery and ...

Accelerated Process for Christchurch Replacement District Plan
11 Jul 14

Decisions on matters of priority to be made on the Christchurch Replacement District Plans by 28 February 2015. Canterbury Earthquake Recovery Minister Gerry Brownlee and Environment Minister Amy Adams announced the Government agreed to the request by the Christchurch City Council for an accelerated district ...

How to Justifiably Exercise Discretion
11 Jul 14

An employer must exercise discretion in a fair and reasonable manner taking relevant factors into account, ignoring irrelevant factors, and acting in good faith to the employee without ulterior motives. Three cases provide examples of different types of discretion and what it means to be ...

Financial Reporting Law Changes Impacts SMEs
4 Jul 14

Introduction The Financial Reporting Act 2013 ("Act") came into effect on 1 April 2014 and contains new financial reporting requirements for a variety of entities. The Act replaces the Financial Reporting Act 1993 ("the 1993 Act") and provides a more pragmatic approach to financial reporting ...

NPS Freshwater Management Changes Announced
3 Jul 14

On 3 July the Minister for the Environment Hon Amy Adams and Minister for Primary Industries Nathan Guy announced the changes to the National Policy Statement for Freshwater Management (NPS), involving the establishment of a National Objectives Framework (NOF) relating to water quality. The changes ...

District Court Process Simplified
30 Jun 14

In a welcome change, from 1 July 2014, new District Court Rules come into force. These will drastically change the way District Court civil proceedings are to be managed. The change will align the District Court process more closely to the High Court Rules, but ...

Ruataniwha Scheme – Final Decision Issued
27 Jun 14

The Tukituki Catchment Proposal Board of Inquiry has released its final decision on the proposed Ruataniwha Water Storage Scheme.  This comes a day after the Hawke's Bay Regional Council voted to back the scheme but with funding conditional on levels of farmer up-take, workable consent ...

Otago Regional Council Water Quality Stakeholders Forum
25 Jun 14

The Otago Regional Council (ORC) is holding a Water Quality Stakeholders Forum on Friday 27 June from 9:45 am – 4:00 pm, at the Scenic Southern Cross Hotel, Dunedin. The purpose of the forum is to discuss what the new Otago Water Plan rules, that ...

Prime Minister Opens Anderson Lloyd House in Christchurch’s Central City
13 Jun 14

Prime Minister John Key officially opened Anderson Lloyd House on Thursday 12 June – the first multi-storey office building to receive urban design consent after the release of the Christchurch Central Recovery Plan. Anderson Lloyd Lawyers, has taken naming rights of the six level construction ...

Weathertight Homes: Longer Eligibility Period But No Change To Limitation
13 Jun 14

The Supreme Court has just released a judgment (Osborne v Auckland Council [2014] NZSC 67) which extends the time available to home owners to bring a claim under the Weathertight Homes Resolution Services Act 2006 (WHRSA) to 10 years from the date on which the ...

How To Give A Warning
13 Jun 14

It is not just dismissals that can give rise to a personal grievance, warnings also need to be justifiable to avoid a disadvantage grievance. A warning also needs to be justifiable so that the employer can safely rely on it later, when issuing a final ...

Anderson Lloyd Nominated for the 2014 Australasian Women in Business Law Awards
12 Jun 14

We are proud to announce that Anderson Lloyd has been nominated in eight award categories for the third annual Australasian Women in Business Law Awards for 2014. Congratulations to Kerry O'Donnell for her individual nomination. As in previous years the awards will celebrate the best initiatives ...

MBIE Releases 2014 Regional Economic Activity Report
11 Jun 14

On 5 June the Ministry of Business, Innovation and Employment released the Regional Economic Activity Report for 2014. The annual report provides data that allows the Ministry to compare regional performance, and gain a better understanding of the roles that the 16 regions play in ...

Who is an overseas person?
9 Jun 14

An overseas person needs to have consent from the Overseas Investment Office (OIO) before acquiring an interest in sensitive land in New Zealand. But who is an overseas person? A New Zealand citizen is not an overseas person, even if they are currently living overseas. ...

Government Announces the Development of the Christchurch Innovation Precinct
4 Jun 14

On 3 June, the Government announced the development of the Christchurch Innovation Precinct, which will bring together businesses and innovators alongside residential, retail, hospitality and cultural institutions in an area of 3.6 ha within the Christchurch central city. The Innovation Precinct will be developed as ...

ChristChurch Cathedral can be Deconstructed
3 Jun 14

Panckhurst J in the High Court has lifted the stay on the deconstruction of the ChristChurch Cathedral. Unless there is an appeal, the Church Property Trustees (CPT) can proceed with their plan to demolish the Cathedral and erect a contemporary cathedral on the site. However, ...

Monorail declined but door open for alternative?
30 May 14

When declining Riverstone Holdings' proposed monorail from Kiwi Burn to Te Anau Downs Minister of Conservation Nick Smith stated that "given the highly valued and spectacular landscapes" of the World Heritage Area through which the Monorail would travel, he was required to "err on the ...

Complaint by Greenpeace and Forest & Bird Against Exclusive Economic Zone Regulations Dismissed
29 May 14

The Regulations Review Committee has dismissed a complaint made by Greenpeace and Forest and Bird (the complainants) about the Exclusive Economic Zone and Continental Shelf (Environmental Effects - Permitted Activities) Regulations 2013 ("the Regulations"). The opportunity to explore and develop the natural resources of the ...

Regulation of Genetically Modified Organisms Under the Resource Management Act 1991
23 May 14

Introduction Genetically modified organisms (GMOs) are controlled under the Hazardous Substances and New Organisms Act 1996 (HSNO). However, a number of local authorities are currently considering inclusion of provisions within policy statements and plans under the Resource Management Act to regulate activities involving genetically modified ...

Inadequate Dairy Effluent Management System May Result in De-stocking or Cancellation of Resource Consent
20 May 14

Dairy farmers should note a recent enforcement decision of the Environment Court in response to inadequate effluent management . The Court has issued an enforcement order which prohibits re-stocking of a farm for the 2014-15 milking season until an approved effluent management system with capacity ...

New Zealand’s Economy – the Government’s View
14 May 14

The Ministry of Business, Innovation and Employment has released the final two reports in the New Zealand Sectors Report Series. The series aims to provide information on the key sectors that make up the New Zealand economy to enable a more informed debate on New ...

Involving the Police
14 May 14

Sometimes an employee is suspected of misconduct at work which could also be a crime. When should an employer involve the police? Suspicion is not enough. For example where the allegation is theft, an employer needs to have both: Evidence that money or goods have ...

Have the Goal Posts Shifted? Implications of the Supreme Court King Salmon Decision
13 May 14

Introduction The purpose of the RMA is to achieve "sustainable management". In general terms the Courts have determined whether this purpose is met by taking an overall judgment approach to the economic benefits and environmental effects of a plan or consent proposal. New Zealand's highest ...

Otago’s Future – Review of the Regional Policy Statement
9 May 14

The Otago Regional Council (the ORC) is inviting the public to get involved in how Otago's resources are managed in the future. The ORC has begun a review of its Regional Policy Statement (the RPS) and has published an 'issues and options' document for consultation, ...

Feedback Sought on Investment Threshold for Streamlined Resource Consenting
8 May 14

The Resource Management Act 1991 (the RMA) allows notified applications for resource consents and notices of requirement to be directly referred to the Environment Court, bypassing the first instance hearing of the consent authority. The consent authority must agree to the direct referral process, and ...

Demolition of Canterbury’s heritage buildings – what are the rules?
6 May 14

As controversy continues to surround the demise of Christchurch’s heritage buildings following the 2011 earthquakes, Anderson Lloyd Partner Mark Christensen provides clarity around the rules and regulations associated with demolishing these structures. Many of Christchurch’s listed and significant heritage buildings have been demolished since the ...

Financial Markets Conduct Act Update
17 Apr 14

Further to our earlier article, parts of the new Financial Markets Conduct Act 2013 (FMC Act) came into force on 1 April 2014 after the FMC (Phase 1) Regulations were implemented. These Regulations clarified a number of areas regarding transitional arrangements between 1 April and ...

Ruataniwha Scheme passes first consenting hurdle
16 Apr 14

On 15 April the Tukituki Catchment Proposal Board of Inquiry released a draft report approving the proposed Ruataniwha Water Storage Scheme. The Ruataniwha Scheme involves the construction of a dam on the Makaroro River that will create a water storage system to harvest water during ...

Christchurch the City of Opportunity
16 Apr 14

At the Future Focus of Christchurch Luncheon held at the Christchurch's Air Force Museum on 14 April 2014 the Duke and Duchess of Cambridge, in New Zealand on a Royal Tour, were shown the release of a video on progress in the city since the ...

Fitness for work
10 Apr 14

An employer does not have to hold a job open forever for an employee who is not fit for work, but how long does an employer have to wait before dismissing that employee? A fair and reasonable employer will take into account the particular circumstances ...

Straterra launches Minerals Briefing Paper 2014
10 Apr 14

At a function in Parliament's Great Hall on 8 April, Straterra released its Minerals Briefing Paper 2014. Straterra is the collective voice for the New Zealand minerals and mining sector, from small firms to large enterprises. Straterra's goal is to increase investment and growth in ...

Anderson Lloyd Partners named on New Zealand’s Hot List
4 Apr 14

Anderson Lloyd boasts two of the hottest private practice lawyers in the New Zealand market, according to a new report released this week. The NZ Lawyer Magazine has published the results of its Hot List 2014, which takes the pulse of the industry and identifies ...

International Court of Justice releases important decision on whaling
4 Apr 14

On 31 March, the International Court of Justice (ICJ) at The Hague issued its decision that Japan's taking of whales in the Antarctic Southern Ocean is not for the purposes of scientific research and it must stop all whaling with immediate effect. While the decision ...

Limited Liability is of Limited Protection
20 Mar 14

A recent case illustrates two ways in which the owner and manager of a business can be personally liable to employees despite having a limited liability company structure in place. Identity of employer Joanna Wilson was the manager and sole shareholder and director of The ...

Limited Liability is of Limited Protection
13 Mar 14

A recent case illustrates two ways in which the owner and manager of a business can be personally liable to employees despite having a limited liability company structure in place. Identity of employer Joanna Wilson was the manager and sole shareholder and director of The ...

Environmental Reporting Bill
13 Mar 14

New Zealand will have legally mandated environmental reporting, if the Environmental Reporting Bill (introduced 20 February 2014; first reading 5 March 2014) becomes law. The Bill's purpose is to create a national-level environmental reporting system that will ensure environmental reporting occurs on a regular basis ...

Health and Safety Reform Bill Introduced
13 Mar 14

The Government has recently introduced the Health and Safety Reform Bill as part of a suite of major health and safety reforms which has already seen the establishment of WorkSafe New Zealand. The reforms are an outcome of the Independent Taskforce on Workplace Health and ...

The New Face of Securities Law
11 Mar 14

The Financial Markets Conduct Act 2013 ("FMC") was passed last year. It significantly changes the way securities (including shares, bonds and debt investments) have been offered in New Zealand for the last 35 years. The FMC replaces various pieces of legislation including the Securities Act ...

Court Wary about Reference to Genetically Modified Organisms in Regional Policy Statement
24 Feb 14

Genetically modified organisms are controlled under the Hazardous Substances and New Organisms Act 1996 (HSNO). However, a number of councils are currently considering inclusion of provisions within policy statements and plans under the Resource Management Act to regulate activities involving genetically modified organisms (GMOs). The ...

Environmental Reporting Bill
24 Feb 14

New Zealand will have legally mandated environmental reporting, if the Environmental Reporting Bill (tabled on 20 February 2014) becomes law. The Bill's purpose is to create a national-level environmental reporting system that will ensure environmental reporting occurs on a regular basis and that it can ...

Employee Allegations During a Disciplinary or Redundancy Process
7 Feb 14

Sometimes during a disciplinary investigation, or even during a consultation process for redundancy, an employee makes allegations, especially about his or her manager. What is the right response? The recent Employment Relations Authority decision of Dolan v The Roman Catholic Bishop of Auckland provides a ...

Giving Notice of Termination
11 Dec 13

It is common for employment agreements to include a clause that states employer or employee can terminate employment by giving the other party a certain period of notice. A recent case, Hobson v The Corner Store 2009 Limited, considered an employer's actions after an employee ...

Land Use Recovery Plan Released
9 Dec 13

The Land Use Recovery Plan (LURP) has been approved by the Minister for Canterbury Earthquake Recovery and takes effect on 6 December 2013. It is a significant document for anyone wishing to develop in the Greater Christchurch area and sets the scene for future communities. ...

New Local Government Act Amendment Proposed (updated)
9 Dec 13

On Monday the 4th November Hon Chris Tremain introduced the Local Government Act 2002 Amendment Bill (No 3) ("Amendment Bill"). This Amendment Bill does not have the fundamental changes that the last round of reform had. Instead changes relate to: the provisions around development contributions; ...

ChristChurch Cathedral Demolition Allowed by Supreme Court
3 Dec 13

The way has been cleared for the ChristChurch Cathedral to be demolished. The Court of Appeal in July issued a decision allowing demolition of the Cathedral (see http://www.al.nz/christchurch-must-have-a-cathedral/). The Supreme Court has just declined to grant to The Great Christchurch Buildings Trust ("TGCBT") leave to ...

Canterbury Land and Water Regional Plan – Commissioners’ Recommendations Available
3 Dec 13

The Report and Recommendations of the Hearing Commissioners on the proposed Canterbury Land and Water Regional Plan (CLWRP) are now on-line. The Recommendations will be considered by the Environment Canterbury Commissioners on 5 December, with notification of a decision likely to occur on Friday 18 ...

The New NZS 3910:2013
28 Nov 13

Introduction On the 1st of October 2013, NZS 3910:2013 Conditions of Contract for Building and Civil Engineering Construction was released by New Zealand Standards. This is the first in a suite of documents to replace NZS 3910:2003. NZS 3916:2013 Conditions of Contract for Building and ...

Media Release – Prominent Christchurch partner David Goodman joins Anderson Lloyd’s commercial team
27 Nov 13

Former Goodman Tavendale Reid partner David Goodman  has joined Anderson Lloyd Lawyers, as a partner in the Christchurch office. Widely recognised as one of the South Island’s leading irrigation sector legal experts, David brings to Anderson Lloyd more than 25 years of expertise in the water, ...

Land Use Recovery Plan Update
22 Nov 13

The Christchurch City Council did not endorse the Land Use Recovery Plan (LURP) on 21 November 2013. At the Mayor's request, a further meeting is planned today, 22 November, with the Minister for Earthquake Recovery. The Government has previously signalled that it hoped to make ...

Governor-General Amends Kawarau River Water Conservation Order
21 Nov 13

The Governor-General made the Order in Council amending the Kawarau River Water Conservation Order on 11 November 2013. The Order which will amend the WCO will commence on 13 December 2013 and can be found here. The Order gives effect to the Minister for the ...

Innovative Sentencing Under the Resource Management Act
21 Nov 13

In September 2013 we reported on Mr Conway, the first person to be sentenced to jail twice for offending under the Resource Management Act 1991. Since then Mr Conway's latest attempt to avoid jail has failed – he was denied leave to appeal the Court ...

Failing to Declare Convictions
12 Nov 13

Some weeks after your new employee starts work, you discover that he has convictions which he didn't mention in his application form. Can you dismiss him? Was the offer of employment subject to a satisfactory criminal convictions check, or does the employment agreement provide for ...

Adventure Activity Audit Countdown
12 Nov 13

Adventure activity providers need to be vigilant and respond to the requirements of the Health and Safety in Employment (Adventure Activities) Regulations 2011, which came into force two years ago. Adventure activity operators now only have less than 12 months to undergo and pass a ...

New Local Government Act Amendment Proposed
7 Nov 13

On Monday the 4th November Hon Chris Tremain introduced the Local Government Act 2002 Amendment Bill (No 3) ("Amendment Bill"). This Amendment Bill does not have the fundamental changes that the last round of reform had. Instead changes relate to: the provisions around development contributions; ...

Bottom Lines Recommended for Water Quality
7 Nov 13

Today, 7 November, the Minister for the Environment Hon Amy Adams announced proposed changes to the National Policy Statement for Freshwater Management (NPS), involving the establishment of a National Objectives Framework (NOF) relating to water quality. The NPS, which came into effect in 2011, sets ...

Prominent Christchurch Partner David Goodman Joins Anderson Lloyd’s Commercial Team
4 Nov 13

Former Goodman Tavendale Reid partner David Goodman has joined Anderson Lloyd Lawyers. Widely recognised as one of the South Island’s leading irrigation sector legal experts, David Goodman also advises regularly in relation to mergers, acquisitions, joint ventures, insolvencies, corporate restructurings and commercial contracts. David brings ...

Minister for the Environment Recommends Prohibition on Damming of the Nevis River
1 Nov 13

The Minister for the Environment Amy Adams has accepted the recommendations of the Majority of the Environment Court on an application to amend the Water Conservation (Kawarau) Order 1997 (WCO) in respect of the Nevis River. The recommendations include a prohibition on damming in order ...

The Conservation (Natural Heritage Protection) Act 2013 Comes into Force
31 Oct 13

In August we reported on progress of the Conservation (Natural Heritage Protection) Bill through parliament. The Bill has now been passed into law. The Conservation (Natural Heritage Protection) Act 2013 came into force on 25 October. It amends six of the main Acts administered by ...

Biodiversity Offsets – The Latest on the Law
31 Oct 13

Our August 2010 Resource Management Journal article commented on developments in the area of biodiversity offsets and environmental compensation. The 2010 update referred to the Environment Court decisions in Royal Forest & Bird Protection Society Inc v Gisborne District Council and Lower Waitaki River Management ...

National State Infrastructure Report Released
18 Oct 13

The National State of Infrastructure Report 2013 was published on 17 October. This is the second annual progress report prepared by the National Infrastructure Unit within the Treasury. The report notes investments in the electricity transmission network, the roll out of ultra-fast broadband, major transport ...

Time Off In Lieu Arrangements
17 Oct 13

Some employers offer a time in lieu arrangement, giving salaried employees time off in lieu of payment for overtime hours worked. These arrangements vary enormously. They can be formally defined by a written policy for all staff, or else completely discretionary in a one-off situation. ...

Developments in Trans-Tasman Proceedings
16 Oct 13

Dealing with civil proceedings with a trans-Tasman element should be easier after the operative provisions of the Trans-Tasman Proceedings Act 2010 ("TTPA") came into force on Friday, 11 October 2013. The TTPA aims to simplify the process for resolving civil proceedings between New Zealand and ...

Loan-to-Value Ratio Restrictions on Residential Property
9 Oct 13

As of 1 October 2013 all banks in New Zealand are required to restrict new residential mortgage lending at a loan-to-value ratio ("LVR") of over 80 percent to no more than 10 percent of the value of the bank's residential mortgage portfolio. The LVR is ...

Special Housing Areas Begins Auckland’s Drive Towards Affordable Housing
9 Oct 13

The Housing Accords and Special Housing Areas Act 2013 1 ("the Act") came into force on 16 September 2013. The purpose of the Act is to enhance housing affordability by facilitating an increase in land and housing supply in certain regions or districts identified as having ...

Consultation on Oil and Gas Guidelines
9 Oct 13

The Minister for the Environment Amy Adams has announced that consultation will take place on the draft guidelines for Managing Environmental Effects of Petroleum Development Activities (including Hydraulic Fracturing). The consultation is not open to the public. The Ministry is specifically targeting NGOs, local councils, ...

One Plan Appeals Dismissed in Part
8 Oct 13

Justice Kós in the High Court has dismissed Horticulture New Zealand and Federated Farmer's appeals on the Environment Court decision on the One Plan. This means that the Environment Court decision on the One Plan will stand, barring an appeal. Basically, the One Plan involves ...

Limited Disclosure of Litigation Funding Arrangements Required
4 Oct 13

There is a general rule of law in New Zealand that a person not a party to litigation cannot interfere in the litigation, for example by funding one of the parties in return for a share of any damages awarded in the case. Such interference ...

Latest Global CEOs Poll on Sustainability Released
4 Oct 13

In September 2013 the latest triennial global survey on corporate sustainability by the UN Global Compact and Accenture was released. Business leaders' views on the private sector's progress in addressing global sustainability challenges are detailed in the survey of 1,000 CEOs. This is the largest ...

First Person Sentenced to Prison Under the RMA – Twice
26 Sep 13

The business manager of Cash for Scrap Ltd, Mr William Conway, has had his appeal against conviction and sentence dismissed by the Court of Appeal and is now facing a second term of imprisonment under the Resource Management Act 1991 (RMA). Mr Conway is the ...

Supreme Court Decision on Coal Mining Activities
23 Sep 13

The Supreme Court has recently released its decision in West Coast ENT Inc v Buller Coal Limited [2013] NZSC 87. The decision marks an end to long running declaratory proceedings regarding the relevance of effects on climate change from the combustion of coal when assessing ...

Auckland Unitary Plan Approved for Notification
18 Sep 13

The Auckland Council has now made the final decision on changes to the Draft Auckland Unitary Plan (“the Unitary Plan”). During the informal consultation period the Council received more than 22,000 pieces of feedback. This feedback was assessed by the Council and Local Board Chairs ...

The Inconsistent Regional Management of Farming Effects on Waterways
18 Sep 13

 Introduction In assessing the regional management of farming activities on water quality, this paper focuses solely on the mechanisms contained in regional plans as at August 2013. It does not assess how particular councils implement their plans, nor has it correlated particular planning mechanisms and ...

Employment Court Considers What Equal Pay Means
16 Sep 13

The Human Rights Act prohibits discrimination in employment on a wide range of grounds.  For example you cannot refuse to hire someone, or pay them less, or make them redundant, by reason of any of the prohibited grounds.  Those prohibited grounds are:   Sex (including pregnancy) ...

MBIEs Petroleum and Minerals Sector Report Released
10 Sep 13

On 3 September the Government released the Petroleum and Minerals Sector Report. The report is part of the Business Growth Agenda. This is the third of seven Sector Reports prepared by the Ministry of Business, Innovation & Employment. The report series is designed to provide ...

Proposed Changes to the Animal Welfare Act
9 Sep 13

On 8 May 2013 the government introduced a Bill to change the Animal Welfare Act 1999 and improve the New Zealand animal welfare system.  The changes are intended to enhance the operation of the Act, rather than alter the fundamental principles of it. The Bill ...

Operation Minotaur – Options for Legislative Reform
29 Aug 13

The present system in New Zealand of regulatory approvals for mining activities has been described as a legislative and administrative labyrinth. This paper overviews some options for reforming the system. Dubbed 'project 'Minotaur', the drive for improving the efficiency and cost effectiveness of the system ...

Resource Management Reform Passed
28 Aug 13

The Resource Management Reform Bill has now been enacted (27 August 2013) and most of it will come into effect the day after Royal assent. We expect this to be in the next week. The Bill has been divided into 3 acts. The acts are ...

Decision to Offer Only 50 Percent for Uninsured Red Zone Properties Must be Reconsidered
28 Aug 13

Canterbury Earthquake Recovery Minister and Chief Executive must reconsider decision to purchase Red Zone residential properties from owners of vacant land and uninsured homes. The High Court has set aside the offers made by the CERA Chief Executive to owners of vacant land and uninsured ...

Valuation of Natural Assets – What the Courts Have Said So Far
26 Aug 13

Partners Mark Christensen and Maree Baker-Galloway have written a paper which examines what the courts have said about the role of valuing natural assets under the Resource Management Act. The paper was published in the August 2013 edition of the Resource Management Journal. PDF version: ...

PCE Report DoC on Stewardship Land Released
21 Aug 13

Parliamentary Commissioner for the Environment, Dr Jan Wright, released her latest report, Investigating the future of conservation: The case of stewardship land ("the report"), on 21 August. The report addresses ‘stewardship land’ – a category of land that makes up about one-third of the land ...

Anderson Lloyd recognised at Australasian Women in Business Law Awards
19 Aug 13

Anderson Lloyd was recognised at the Australasian Women in Business Law Awards recently in Sydney, taking out the award for best firm in Christchurch. Partner Jen Crawford, who attended the awards ceremony, was thrilled with the win. "Women are excelling at Anderson Lloyd. The Award ...

Capital Raising Process Being Overhauled
16 Aug 13

The often substantial amounts of money required to both establish mining businesses and keep them competitive over time, makes mining a capital intensive industry. During the establishment phase at least, it can seem like vast sums of money are literally being poured into a hole ...

Government changes to RMA
13 Aug 13

In February and March 2013 the Minister for the Environment, Hon Amy Adams, released two documents for consultation that included a myriad of reforms to the RMA (see links to previous articles outlining the changes proposed in the discussion documents here  and here). The Minister has ...

Employee Fault and Taking Days Off
12 Aug 13

Employers sometimes feel it's impossible to follow a perfect dismissal process, especially when that is judged with the benefit of hindsight, but one factor in employers' favour is the requirement that the Authority take into account an employee's contribution to the situation.  A recent example ...

Conservation (Natural Heritage Protection) Bill
9 Aug 13

This Bill was introduced in September 2012. It introduces increased penalties for offences under the Conservation Act 1987, National Parks Act 1980, Reserves Act 1977, Wildlife Act 1953 and Wild Animal Control Act 1977 (and associated bylaws and regulations). The closing date for submissions to ...

Earthquake-prone buildings – What does the Government’s policy mean for local government?
8 Aug 13

The Government has announced its policy for managing earthquake-prone buildings. The policy position includes: Requiring territorial local authorities, within five years, to assess all buildings and identify those that are potentially earthquake-prone The owners of earthquake-prone buildings then have 15 years to carry out strengthening ...

Auckland Unitary Plan – Feedback now online
8 Aug 13

The informal consultation period for the Draft Auckland Unitary Plan (“the Unitary Plan”) took place from March to May 2013. Despite some public criticism about the Auckland Council ("the Council") leaving people out of the process, it appears people are aware of the importance of ...

Submissions due for Draft Conservation Management Strategies
8 Aug 13

Draft Conservation Management Strategies (CMS) have recently been released for submission in Canterbury, Otago and Southland Murihiku [1]. Submissions are due on all three draft strategies by 4.30pm, Friday 13th September 2013. The strategies are important because they impact on the granting of concessions for ...

Government Seeks Feedback on Draft Adventure Activities Certification Scheme
31 Jul 13

The Ministry of Business, Innovation and Employment (MBIE) is seeking comments and suggestions on the draft New Zealand Adventure Activities Certification Scheme. The Scheme is being developed for the purposes of the Health and Safety in Employment (Adventure Activities) Regulations 2011. For more information about ...

Update of Adventure Activities Regulations and Safety Audit Standards
29 Jul 13

The Health and Safety in Employment (Adventure Activities) Regulations 2011 require adventure activity operators to undertake and pass an external safety audit of their safety management systems to continue to legally provide adventure activities. The safety audit standard issued by the Ministry of Business, Innovation ...

Christchurch must have A Cathedral – just not The Cathedral
26 Jul 13

The Court of Appeal has just released its decision in the appeal by The Great Christchurch Buildings Trust (GCBT) against the High Court's decision permitting the Church Property Trustees (CPT) to demolish the Christ Church Cathedral and build a new cathedral of a new design ...

Sustainable Buildings and the Law
22 Jul 13

In recent years there has been a significant shift in the building industry towards environmentally sustainable design and construction solutions. New measures are being employed that reduce environmental impact during the construction phase and improve environmental performance. As part of this movement several rating tools ...

Pike River Coal Reparation
19 Jul 13

Pike River Coal has been ordered to pay combined reparation of $3.41 million to the families of the 29 men who tragically lost their lives in the 2011 explosion, and to the two survivors. Yet Allie Cunninghame and Frazer Barton of Anderson Lloyd Lawyers explain ...

Reasons for Redundancy
16 Jul 13

The Employment Court has demonstrated in two recent cases that it will robustly test employers' reasons for making staff redundant. It is not acceptable for an employer to simply assert that it made a genuine business decision. Rittson-Thomas v Davidson In the first case, two ...

Freshwater Reforms Confirmed
15 Jul 13

On 10 July Environment Minister Amy Adams and Minister for Primary Industries Nathan Guy announced the Government's action plan for reforming freshwater management. This builds on submissions made in relation to the initial consultation document – Freshwater reform 2013 and beyond, released on 9 March, ...

Draft Land Use Recovery Plan Notified for Written Comment
9 Jul 13

The final Draft Land Use Recovery Plan (LURP) has been presented to the Minister for Earthquake Recovery and notified for written comments. The Draft LURP includes 56 Actions identified as crucial for land use recovery. The Actions address matters such as residential and business land ...

New Regime for Exploring and Developing Natural Resources within the Exclusive Economic Zone and Continental Shelf
9 Jul 13

The opportunity to explore and develop the natural resources of the Exclusive Economic Zone ("the EEZ") and the Continental Shelf is a significant one for New Zealand. It is important that we have a robust regime in place to allow the positive effects of such ...

The Criminal Procedure Act 2011
8 Jul 13

The Criminal Procedure Act 2011 ("the CPA") came into force on 1 July 2013, and is widely referred to as the most significant reform of criminal court procedures in more than 50 years. The CPA applies not only to police and Crown prosecutions of crimes ...

The Health and Safety (Pike River Implementation) Bill
3 Jul 13

The Health and Safety (Pike River Implementation) Bill has been introduced to Parliament following the Royal Commission on the Pike River coalmine tragedy, which concluded New Zealand's regulation of health and safety in the mining industry is ineffective. The Royal Commission recommended that a new ...

Business Owners: Move On, Move Up, and Then Move Out
3 Jul 13

As printed in The Press page C10 on Wednesday 3 July 2013 The longer term leases sought by commercial landlords in post-earthquake Christchurch, mostly involving higher rents and personal liability, are acting as a catalyst for company owners to reconsider their exit strategies. Anderson Lloyd ...

Resource Management Reform Bill: Local Government and Environment Select Committee Report
24 Jun 13

The Resource Management Reform Bill ("the Bill") is an omnibus bill designed to amend the Resource Management Act 1991 ("the RMA"), the Local Government (Auckland Transitional Provisions) Act 2010 ("the Transitional Provisions Act") and the Local Government Official Information and Meetings Act 1987. The Bill ...

Anderson Lloyd Nominated for Law Awards
24 Jun 13

We are delighted and proud to announce that Anderson Lloyd has been nominated for the second annual Euromoney Legal Media Group Australasian Women in Business Law Awards . The awards celebrate the best initiatives for gender diversity, innovation, minority women, mentoring, work-life balance, pro bono ...

Tenants’ Rights to Share of Landlord’s Insurance Pay-Out
21 Jun 13

A tenant-favourable judgment (One Three Four Limited v JRF Holdings Limited [2013] NZHC 938) has recently been issued by the High Court, awarding the tenant a portion of the landlord's insurance proceeds – even though the lease was clear that the tenant did not own ...

Recovering Litigation Legal Fees in Solicitors’ Negligence Cases
18 Jun 13

The High Court has recently confirmed the legal basis for the recovery of litigation legal fees as damages in solicitors' negligence cases. Until now, there has not been any authority other than in the District Court in Mirams v Buddle Findlay to confirm what to ...

New Energy Use Rating Scheme a Game Changer for Commercial Property
12 Jun 13

On 10 June 2013, Simon Bridges, the Energy and Resources Minister, launched a new rating tool to assess the energy use of commercial office buildings. The new tool is called NABERSNZ, which is based on the Australian "National Australian Built Environment Rating System". NABERSNZ will ...

Enforcing Safety Policies
11 Jun 13

Employers are obliged by health and safety legislation to take all practicable steps to ensure the safety of employees while at work. Sometimes dismissal is a necessary step if an employee breaches a safety policy. A recent example is Moukharris v Northland Waste Limited . ...

The Worst Case Scenario: Investment Risk
11 Jun 13

When making new investments many people look through rose-coloured glasses, but it is essential to consider the risks. An example of a worst case scenario is the recent Court of Appeal decision of Station Properties Ltd (in receivership and liquidation) v Kumar. The defendants entered ...

New Christchurch Local Alcohol Policy Set to Shape Liquor Licensing
5 Jun 13

The Christchurch City Council has adopted its draft Local Alcohol Policy (LAP) under the Sale and Supply of Alcohol Act 2012 ("the Act"). The adoption of the LAP, whether in its current or amended form, will inevitably result in a significant increase in compliance costs ...

New Guidance on Costs in Solicitors’ Negligence Cases
23 May 13

The High Court recently confirmed the legal basis for clients trying to recover legal fees as damages in solicitors’ negligence cases. Former clients often seek damages for the consequences of a transaction gone wrong (such as the lost value of a property). But there has ...

Housing Accords and Special Housing Areas Bill
23 May 13

A new bill that addresses national concerns around housing supply and affordability is currently before Parliament. The Housing Accords and Special Housing Areas Bill passed its first reading on 16 May 2013, and has been sent to the Select Committee for urgent consideration. It is ...

PC56 – Managing Urban Design and Amenity in Christchurch
21 May 13

Suburban centres are under the planning spotlight, with a proposed City Plan change that will enable greater scrutiny over the design and appearance of developments in Business 1, 2 and 2P zones in Christchurch. This follows some of the recent urban design initiatives taken through ...

The Employment Relations Amendment Bill
20 May 13

All parties appearing before the Employment Relations Authority are likely to welcome the proposed introduction of a three-month time limit for determinations. This is just one of a raft of changes included in the Employment Relations Amendment Bill which was introduced to Parliament on 26 ...

Mackenzie Basin Agreement
14 May 13

In 2011 the Mackenzie Sustainable Futures Trust sought to bring together a wide range of interest groups to discuss approaches to managing the basin. This has led to the Mackenzie Agreement which proposes to create a new trust, known as the Mackenzie Country Trust, to ...

Anderson Lloyd early mover back into the Christchurch CBD
1 May 13

After nearly three years operating from a converted warehouse, Anderson Lloyd’s Christchurch staff will soon be back in the central city. The firm has taken naming rights on a six level office building currently under construction at 72 Gloucester St, and hopes to shift into ...

When the contract is silent
23 Apr 13

Sometimes the parties negotiating a contract omit to address an important issue. Only in certain circumstances can the courts imply a term in the contract to deal with the situation. The legal test was established in an often-quoted 1977 English case, BP Refinery (Westernport) Pty ...

Insurers Unshaken After Red Zone Ruling O’Loughlin v Tower Insurance Ltd
12 Apr 13

The highly anticipated High Court decision regarding a Christchurch couple and their insurer has stopped short of a landmark ruling that would see many red zoned residents vying for the full replacement value of their homes from their insurers. The case involved a claim brought ...

Land Use Recovery Plan
26 Mar 13

A preliminary draft of the Land Use Recovery Plan, identifying the direction for residential and business development in greater Christchurch for the next 10 – 15 years, has been released. The Recovery Plan was prepared at the direction of the Minister for Canterbury Earthquake Recovery ...

Draft Auckland Unitary Plan Launched
20 Mar 13

The Draft Auckland Unitary Plan ("the Unitary Plan") was launched on 15 March 2013. The Unitary Plan is a combined resource management plan that includes the Auckland Council’s regional policy statement, regional plans (including the regional coastal plan) and combined district plan addressing all aspects ...

Safety Audit Standard for Adventure Activities
15 Mar 13

On 14 March the Government released the new safety audit standard for adventure activity operators. Under the Health and Safety in Employment (Adventure Activities) Regulations 2011 affected operators must comply with the audit standard and register with the Ministry of Business, Innovation and Employment. Who ...

Recording Verbal Agreements in Writing
13 Mar 13

A written contract is commonly prepared only after agreement has been reached verbally on key issues. Sometimes those key issues are not accurately recorded in the written contract. This could be a mistake, or because there has been some movement on those issues during negotiation, ...

Freshwater Reforms Discussion Document
11 Mar 13

On 9 March 2013 Environment Minister Amy Adams and Minister for Primary Industries Nathan Guy released the Government's approach to reforming freshwater management; Freshwater reform 2013 and beyond with a speech at the Bluegreens Forum. The water reform package proposed for 2013 sets out short ...

ECan Act to continue to 2016
5 Mar 13

Important legislation which affects Canterbury regional governance and decision making was passed on 28 February 2013. The Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2012 ("the Amendment Act") extends the application of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act ...

RMA Reforms Discussion Document
1 Mar 13

On 28 February Environment Minister Amy Adams released a discussion document detailing sweeping changes to the Resource Management Act (RMA). The proposed changes go much further than the reform programme of the government to date and are described in the discussion document as "a reboot" ...

New Zealand Māori Council Claim Dismissed by Supreme Court
28 Feb 13

Specialist lawyers Jen Crawford and Will Jennings provide comment on the 27 February decision, in which the Supreme Court unanimously dismissed the claim by the New Zealand Māori Council against the Crown's proposed restructuring of Stated-owned enterprise Mighty River Power. The dispute was over whether ...

Financial Markets Authority Focus for 2013
28 Feb 13

The Financial Markets Authority (FMA) has today released a Compliance Focus 2013 document outlining the FMA's priority areas for monitoring and surveillance throughout this year. The FMA's focus covers four major themes: • Building customer trust – with market participants (issuers, brokers, fund managers, trustees ...

How Not to Dismiss an Employee
21 Feb 13

A recent unjustified dismissal case heard in the Employment Relations Authority demonstrates why it is important to properly investigate allegations before dismissing an employee. Anderson Lloyd Lawyers expert Lesley Brook explains. On January 14, 2012 Mrs Gore, owner of the Hardware Café, dismissed Mr Pollock ...

Rakaia water conservation order amended
19 Feb 13

Anderson Lloyd experts Maree Baker-Galloway and Sarah Eveleigh share some insight on the implications of the finalised amendments to the Rakaia Water Conservation Order (RWCO) to provide for TrustPower's Lake Coleridge Project. The National Water Conservation (Rakaia River) Amendment Order 2013 was gazetted on February ...

New Rules for Strengthening of Earthquake Prone Buildings
12 Feb 13

A High Court decision released on 4 February, 2013 has changed the rules around the strengthening of earthquake-prone buildings. Anderson Lloyd Lawyers expert Mike Kerr offers some insight into the new regime. Property owners and insurers can now repair earthquake-prone buildings to 34% of the ...

Council accidentally disclosed personal information following a request for official information
8 Feb 13

The need for caution when councils deal with official information requests has been highlighted in a recent complaint dealt with by the Privacy Commission. Anderson Lloyd experts Michael Garbett and Rachel Brooking give some insight on this case. The Privacy Commission recently released a case ...

DOC’s role in protecting biodiversity – a tricky job but report highlights room for improvement
8 Feb 13

A performance audit report by the Auditor-General identifies the need for improvement in how the Department of Conservation (DOC) prioritises biodiversity and how it partners with the community to manage biodiversity. Anderson Lloyd lawyers Maree Baker-Galloway, Mark Christensen and Stephen Christensen give some insight on ...

Pike River: A Matter of Direction
4 Feb 13

Director's Liability and Corporate Governance Introduction In November 2010 29 men lost their lives following an explosion at Pike River Mine in one of New Zealand's most catastrophic workplace accidents. A Royal Commission on the Pike River Mine Tragedy ("the Royal Commission") was subsequently established ...

Proposed Amendments to the Construction Contracts Act
1 Feb 13

Proposed changes to the Construction Contracts Act 2002 are aimed at ensuring faster and cost-effective dispute resolution and a more user-friendly process. The Government introduced into the House on 29 January 2013 a bill to amend the Construction Contracts Act 2002. The changes are intended ...

When Written Contracts Pass Their Expiry Date
28 Jan 13

A recent High Court decision highlights the risks and uncertainties of trading without a written contract or past the expiry date of a written contract. The dispute in Cerebos Gregg's Ltd v Paulmac Ltd [2012] NZHC 2796 was one that could have been avoided if ...

Who is actually redundant? (Part 2)
16 Jan 13

Employers need to be careful to consider all relevant employees when planning redundancies, and not take too narrow an approach. It may be useful to ask: What work is disappearing? Who is doing that work? Who else has the same terms and conditions of employment? ...

The Business Growth Agenda – Progress Report: Building Natural Resources (New Zealand Government)
15 Jan 13

In December, the Government released a progress report on the Building Natural Resources work stream of its Business Growth Agenda. The purpose of the cross-departmental Business Growth Agenda is to deliver "innovative initiatives and policy reforms that will help create a more productive and competitive ...

Sweet Artwork
20 Dec 12

Above: Hector Zamora, Muegano, 2010/2012. Kiosk Lake, Christchurch Botanic Gardens. Commissioned by SCAPE Public Art. Photo: Bridgit Anderson. A large-scale artwork by internationally renowned Mexican artist Héctor Zamora has been installed in the Christchurch Botanic Gardens courtesy of SCAPE Public Art and the Art & ...

Government changes agriculture’s place in the Emissions Trading Scheme
20 Dec 12

The Government recently amended the Emissions Trading Scheme to indefinitely postpone the agricultural sector's liability to surrender carbon credits for emissions. Anderson Lloyd Partner Lesley Brook says agriculture's participation in the Emissions Trading Scheme had previously been pushed out until 2015 but now there is ...

Appeal to the Supreme Court – NZ Māori Council decision
20 Dec 12

1. The Supreme Court has approved leave for the New Zealand Māori Council (et al) to appeal the High Court's decision on the proposed sale of SOE shares by the Government. The issue is whether the Crown is entitled to take this step without first ...

Resource Management Amendment Bill 2012 Update
17 Dec 12

First Reading, Parliamentary Debates and Submissions called for. We are continuing to monitor progress of the Bill. It has passed its first reading and submissions have been called for. Submissions to the Select Committee are due on 28 February. Our initial description of the Bill ...

Donation to food banks instead of sending Christmas cards
17 Dec 12

Law firm Anderson Lloyd has donated $11,500 to food banks in the South Island this year instead of spending the money on Christmas gifts and cards. “Christmas is meant to be a joyous, family time of the year,” says Anderson Lloyd Chief Executive Richard Greenaway, ...

International trade marks now being registered from NZ
17 Dec 12

New Zealand based businesses can now make a single trade mark application to the Intellectual Property Office of New Zealand ("IPONZ") to apply for trade mark protection in over 80 countries. This enhancement took effect from 10 December 2012 as a result of New Zealand ...

Everything councils need to know about the Local Government Amendment Act
17 Dec 12

The Local Government Act 2002 Amendment Bill was passed by Parliament on 29 November and commenced (in part) on 5 December 2012. Overall, this amendment clearly signals the Government's intent to constrain councils' activities, to more closely monitor the performance of councils, and to benchmark ...

Resource Management Act – Changes, Again!
17 Dec 12

The Minister for the Environment Hon Amy Adams has introduced more amendments to the Resource Management Act 1991 and related legislation, including the Local Government (Auckland Transitional Provisions) Act 2010 and the Local Government Official Information and Meetings Act 1987. Read more: Resource Management Act ...

Framework in place for new central city
22 Nov 12

Much has been written in the past few weeks about the challenges facing the central city rebuild. But what of the opportunities that the new plan and the new environment provide? There are certainly some complexities surrounding the large acquisition process required of the Crown, ...

Cleaning and Catering Staff
22 Nov 12

Cleaners and caterers have special rights under the Employment Relations Act to transfer their employment to a new employer, when a business is sold for example, and also when there is a change of contractor. These rights are shared by just a few other groups ...

Biodiversity Offsets – A Further Update on the Law
22 Nov 12

Mark Christensen provides an update on the most recent case law developments and the current status of biodiversity offsetting in New Zealand. Prepared by Mark Christensen Biodiversity_Offsets_-_A_Further_Update_On_The_Law

Evaluating the Environmental Impacts of Fracking in New Zealand
3 Nov 12

Parliamentary Commissioner for the Environment Dr Jan Wright released her interim report, which evaluates the environmental impacts of fracking in New Zealand, on 27 November 2012. The report concludes that the environmental risks associated with fracking can be done safely if well managed, but raises ...

Land Use Recovery Plan
2 Nov 12

Earthquake Recovery Minister Gerry Brownlee has directed Environment Canterbury to develop a Land Use Recovery Plan for Greater Christchurch. Read more: Land Use Recovery Plan 2012

Labour Party Proposal for a National Policy Statement on Affordable Housing
2 Nov 12

Affordable housing is one of the huge issues facing this country. Owning your own home has always been central to the “Kiwi dream”, but nowadays it is out of reach for a large proportion of the population. Read more: Labour Party Proposal for a National ...

Takeovers Code Threshold Increased
2 Nov 12

A definition change in the Takeovers Code may assist some companies to raise capital. Anderson Lloyd Lawyers Partner Anne McLeod explains. This article was also published in the National Business Review online edition over the weekend. Read more: Takeovers Code Threshold Increased

The changing nature of commercial lease negotiation in Christchurch
2 Nov 12

Anderson Lloyd Lawyers Partner Mike Kerr provides some insight into the challenge of negotiating new commercial leases as the central Christchurch rebuild gains momentum. Read more: The changing nature of commercial lease negotiation in Christchurch

Christchurch Cathedral Decision has Trust Focus
1 Nov 12

Heritage building owners need not be too concerned that the High Court decision last week to halt demolition of the Christchurch Cathedral puts a blanket ban on all heritage building demolitions. The High Court’s decision about demolition is about the terms of the trust that ...

New Offshore Mining Laws
1 Nov 12

New legislation will strengthen the regulation of offshore mining and essentially become a Resource Management Act for the sea, write Dunedin lawyers Sarah Simmers and Stephen Christensen. Read more: New Offshore Mining Laws

Third Report of the Land and Water Forum – “A Significant Change”
1 Nov 12

On 15 November a major report was issued by the Land and Water Forum ("the Forum"). This is its third report ("the Report") with recommendations to the Government for fresh water management in New Zealand and will be highly relevant to all with an interest ...

Collaboration the Key to Rebuild Opportunities
1 Nov 12

Anderson Lloyd Lawyers Partner Ben Johnston advocates a collaborative approach for landowners and property developers in the central Christchurch rebuild. Read more: Collaboration the Key to Rebuild Opportunities

Court Decision Sets New Privacy Boundaries
1 Nov 12

A new decision from the High Court indicates that while we may not need to worry about seeing semi-nude photographs splashed through the tabloids like the Duchess of Cambridge and other celebrities, we may still be able to take court action to protect the privacy ...

Submissions called for on Resource Management Amendment Bill
1 Nov 12

A new Resource Management Amendment Bill has passed its first reading and is now to be considered by the Local Government and Environmental Select Committee. The Bill amends section 107 of the Resource Management Act 1991 which relates to the granting of discharge permits and ...

New offshore mining laws
22 Oct 12

Legislation passed earlier this month will strengthen the regulation of offshore mining and essentially become a Resource Management Act for the sea, write Dunedin lawyers Sarah Simmers and Stephen Christensen. 2012-10_Offshore_Mining

“Loan Shark” changes will curb consumer borrowing
22 Oct 12

Fundamental changes will soon be made to New Zealand's consumer lending laws. Anderson Lloyd Lawyers Partner Sarah Simmers highlights the key points. Sarah_Simmers_NBR_loan_sharks_1

Crown Minerals (Permitting and Crown Land) Bill
22 Oct 12

The Government has introduced the Crown Minerals (Permitting and Crown Land) Bill to the House. This Bill contains significant changes to the regulatory regime affecting Crown-owned minerals and is designed to form part of the Government's strategy to promote further investment in the minerals sector. ...

Planned changes may silence children in the Family Court
22 Oct 12

The Government’s proposed reform of the Family Court is not protective of children and will effectively silence their voices in the Court. Last month the Government released a set of proposals for changes to the Family Court.  Some of these have been welcomed by judges, ...

Proposed New Version of Standard Construction Contract
22 Oct 12

Standards New Zealand has released a draft amended NZS 3910 Conditions of Contract for Building and Civil Engineering Construction (DZ 3910) for public comment. Comments are due on Friday, 9 November 2012. This is not a complete overhaul of the standard, and so not all ...

Rakaia Water Conservation Order
1 Oct 12

The amendments and additions to the original Water Conservation Order ("WCO") seek to enable the use of water which is currently diverted and stored in Whakamātau/Lake Coleridge for hydro-electricity generation, for both hydro-electricity and irrigation uses. The decision does not increase the current consented takes ...

Changes to Concessions Regime
22 Sep 12

Concession holders should now have increased certainty and experience some improvements in concessions processing due to recent amendments to the Conservation Act 1987 ("CA"). The Conservation Amendment Act 2012 is the latest in a line of changes to the CA that flow from the Department ...

ECan Act Powers Extended to 2016
22 Sep 12

The Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill was tabled in Parliament today, 7 September. The Bill extends all of the substantive powers contained in the original ECan Act of 2010. The ECan Act 2010 was set to expire in 2013. The ...

Who is actually redundant?
22 Sep 12

"There are some important limits on an employer's ability to choose who is redundant." Prepared by Lesley Brook Who is actually redundant

Joint Recovery Plan Analysis for Christchurch Central
1 Sep 12

 The Recovery Plan defines the shape of the Central City, identifies the locations of key Anchor Projects to boost recovery and delivery implementation timelines. It includes a volume of amendments to the existing Christchurch City Plan. To view the Recovery Plan Analysis by Anderson Lloyd and ...

“Please release me…” – Habeas Corpus Amendment Bill before Parliament
1 Sep 12

National List MP Chris Auchinvole had his Habeas Corpus Amendment Bill drawn from the ballot in Parliament on 28 June 2012. This bill, if passed in its current form, will amend the Habeas Corpus Act 2001. The amendments follow from recommendations made by the law ...

High Court Decision on Coal Mining Activities
28 Aug 12

The High Court has confirmed the decision of the Environment Court that consent authorities cannot take into account the effects on climate change of the end use of coal when considering an application for consent for coal mining activities (Royal Forest & Bird Protection Society ...

Resource Management (Restricted Duration of Certain Discharge and Coastal Permits) Amendment Bill
27 Aug 12

The Resource Management (Restricted Duration of Certain Discharge and Coastal Permits) Amendment Bill ("the Amendment Bill"), a Members' Bill introduced by Green Party MP Catherine Delahunty, passed its first reading on 29 August 2012 with support from all parties, except ACT and National. The purpose ...

Proposed Canterbury Land and Water Regional Plan now publicly notified
26 Aug 12

On 11 August 2012 the Proposed Canterbury Land and Water Regional Plan (PCLWRP) was publicly notified. The PCLWRP is the first time that the quality of water from various sources, in both urban and rural areas, has been comprehensively considered in Canterbury. It will put ...

The Central City Recovery Plan directs changes to the District Plan
25 Aug 12

The Central City Recovery Plan directs changes to the District Plan. Anderson Lloyd has been working with CERA in developing those changes explains what they are and what they mean in this video prepared by the Central City Development Unit. Amendments to the Christchurch City ...

Anderson Lloyd Lawyers searching for new Christchurch site
24 Aug 12

Christchurch - The largest South Island-based law firm, Anderson Lloyd Lawyers, intends returning to the Christchurch central business district, Chief Executive Richard Greenaway says. Read more: Searching for new Christchurch site

Deadline approaching for comment on proposed changes for agriculture in the Emissions Trading Scheme
23 Aug 12

Dunedin – The Government is currently seeking submissions on a raft of proposed changes affecting agriculture in the Emissions Trading Scheme (ETS) and the deadline is fast approaching for interested parties to have their say, Anderson Lloyd Lawyers Partner Lesley Brook says. Read more: Media ...

Redundancy Entitlements
22 Aug 12

Vulnerable workers have statutory rights to "redundancy entitlements" which may or may not include redundancy compensation. It is reasonably common these days for employment agreements to provide that no redundancy compensation is payable.  But "redundancy entitlements" is a wider concept and in some circumstances employees ...

Central City Recovery Plan
30 Jul 12

The Recovery Plan for the CBD was released this evening (Monday 30 July 2012) by the Christchurch Central Development Unit (CCDU). The unit was established by the Canterbury Earthquake Recovery Authority (CERA) in April of this year and given 100 days to complete the Recovery ...

Resource Consent Secured for Queenstown Pak ‘N Save
29 Jul 12

Anderson Lloyd's Resource Management team, led by Partner Jen Crawford and Associate Annabel Ritchie, have secured resource consent for Foodstuffs South Island Limited to enable the construction of the Queenstown Pak 'N Save and associated fuel facility at Frankton Flats, near Queenstown airport. Commercial property ...

Technical Advisory Group – Report Proposing Changes to RMA
22 Jul 12

The Minister for the Environment released on 5 July 2012 the February report by the Technical Advisory Group ("TAG") which proposes substantive changes to the principles of the RMA ("TAG Report"). We analyse the report in the attached article. Click here for a copy of ...

Privacy for Employees and Job Applicants
22 Jul 12

The Privacy Principles generally require an employer to tell an employee, or a prospective employee, what information is being collected from or about them and why. Employees There is a useful exception if telling the employee would prejudice the purposes of collecting the information, for ...

Agriculture in the Emissions Trading Scheme
22 Jul 12

The Government is currently seeking submissions on a raft of proposed changes affecting agriculture in the Emissions Trading Scheme. The Consultation Document "Updating the Regulations for Agriculture in the New Zealand Emissions Trading Scheme" reflects work by the Agriculture ETS Advisory Committee on the practical ...

Appendix 1 Amendments to Christchurch City Council’s District Plan
22 Jul 12

Appendix 1 - Amendments to Christchurch City Council's District Plan Appendix 1

Purpose of Local Government to be changed
29 Jun 12

One of the key changes promoted is to amend the focus for local government to ensure it carries out what the Government considers are "core services". Previously the local government sector has had a general power of competence to carry out anything that achieves its ...

Recovery Stratergy for Greater Christchurch
28 Jun 12

The Strategy sets out guiding principles along with the vision and goals for the recovery, and also identifies areas of priority to address and promote the social, economic, cultural and environmental wellbeing of the Region. Phases of recovery and milestones are set out: Immediate (September ...

Hydroelectricity or Wild Rivers?
22 Jun 12

On 31 May 2012, Jan Wright, Parliamentary Commissioner for the Environment, released a report analysing one of New Zealand's most polarising environmental debates - arguably second only to the issue of mining conservation land - our goal of reaching 90% renewable energy generation by 2025 ...

Local Government Reform in 2012
22 Jun 12

The Local Government Act 2002 Amendment Bill was introduced on 30 May 2012 and had its first reading on 12 June 2012. The closing date for submissions on the Bill is 26 July. In this publication we discuss the issues raised by the Bill and ...

Oral Contracts
22 May 12

A recent Court of Appeal decision highlights the dangers of having oral contracts. Below, Lesley Brook examines the decision. Company L ordered products every month from the manufacturer, company N.  N had no other clients.  L also distributed products from company T.  L had no ...

Please explain …
22 May 12

An employer can hold an employee to account, a recent case confirms. Mr Garvin was employed as CEO, a new position for a small growing company, Progressive Equipment Limited.  It was agreed that he needed to produce a business plan for the company, particularly in ...

Leading Law Firms Announce Alliance for Christchurch
29 Apr 12

The Reserve Bank estimates that the reconstruction of Christchurch is expected to cost in the vicinity of $30 billion. Christchurch will become one of the biggest construction sites in the southern hemisphere. To assist with the reconstruction Anderson Lloyd and Kensington Swan have pooled their ...

A Fresh Start for Te Waihora
22 Apr 12

This article by Jen Crawford appeared in the Resource Management Law Association Journal, April 2012. Prepared by Jen Crawford A fresh start for Te Waihora - RMLA Article

Contracts for Supply of Services
22 Mar 12

So you've decided to outsource a service and you've chosen a preferred provider. Just need to sign on the dotted line, right? Not quite yet. No matter what kind of service it is, the content of that contract is critically important to help ensure you ...

Water Quality in New Zealand: Understanding the Science
22 Mar 12

Maree Baker-Galloway looks at the report. Water Quality in New Zealand Understanding the Science

When is Finance Arranged?
22 Mar 12

In this article, Lesley Brook examines when finance is deemed to be "arranged" by a purchaser. Finance is deemed to be arranged when a suitable offer of finance is available to the purchaser, even if the purchaser has not accepted it, according to a recent ...

Sympathy Strikes? Unlawful?
22 Mar 12

In this article, Lesley Brook examines whether sympathy strikes are unlawful. When employees collectively refuse to carry out the "work in which they are usually employed", that's a strike.  The Ports of Auckland dispute has resulted in employees of other companies collectively refusing to do ...

Managers can be “vulnerable” too
22 Feb 12

In this article, Lesley Brook examines who can be classed as affected employees when a company is sold or restructured. Employment - Managers can be vulnerable too

For more information contact:

Richard Greenaway

richard.greenaway@al.nz