Updates

Producer statements and liability: The Court of Appeal provides critical clarification on the scope of liability under section 40 of the Building Act 2004
14 Feb 25

In Solicitor General's Reference (No 1 of 2022) the Court of Appeal has confirmed that professionals who issue producer statements for non-compliant work may face significant consequences. The decision underscores the importance of compliance and accountability in the building industry, reaffirming that the issuing of ...

The Residential Tenancies Amendment Act 2024 is now in force
10 Feb 25

The Residential Tenancies Amendment Act 2024 was passed into law on 17 December 2024 and introduces a number of changes for existing and future residential tenancy arrangements which are scheduled to take effect over the course of 2025. Introduction The Residential Tenancies Amendment Act 2024 ...

Australasian Lawyer and NZ Lawyer’s Law Firm Leaders of the Year 2025 – Richard Greenaway
4 Feb 25

Congratulations to Anderson Lloyd CEO, Richard Greenaway, for being selected as one of Australasian Lawyer and NZ Lawyer's Law Firm Leaders of the Year 2025. This award is in recognition of those pushing the boundaries, expanding their organisations' revenue and empowering colleagues. This award is ...

Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024
31 Jan 25

On the 26 November 2024 the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act came into force. The act removes all agricultural activities from the NZ Emissions Trading Scheme. The Climate Change Response Act 2002 The Climate Change Response (Emissions Trading Scheme Agricultural ...

Immigration Alert: Digital Nomad Visa
30 Jan 25

Update On 27 January 2025 Immigration New Zealand relaxed visitor visa conditions, allowing visitors to New Zealand to carry out some remote work while in the country. Prior to this, there were strict limitations on undertaking productive work on a visitor visa. Detail This change ...

Well, what do you know? The risk of finding out too late what actually happened on your project.
30 Jan 25

In construction, there is often a knowledge gap between decision-makers and folks on the ground. Bridging that knowledge gap is crucial for healthy projects, and to avoid surprises. The full picture is not always reported On-site teams are closest to the detail, but may not ...

Caught in the shadows: unpacking compensation claims for the acquisition of land for public works
29 Jan 25

The Public Works Act 1981 provides the basis for landowners to be paid compensation for land that is acquired by the Crown for public works. But what happens in the limbo period between a project being announced and land being acquired? If an anticipated project ...

Legal 500 Asia Pacific 2025 Rankings
22 Jan 25

We are pleased to have the below Anderson Lloyd lawyers recommended in the recent Legal 500 Asia Pacific 2025. Anderson Lloyd has been recognised as a Leading Firm in the New Zealand legal market for the practice areas of Real Estate and Construction, Banking and ...

Cultivating change: navigating the new land use limits in the Emissions Trading Scheme
17 Jan 25

The Government has signalled changes to the Emissions Trading Scheme which aim to curb excessive conversions of farmland to forestry land while still allowing forestry (on less productive land) to play an important role in New Zealand’s climate strategy.  These policy changes are to be ...

Greening the margins: Unlocking the potential of small forestry blocks in New Zealand
17 Jan 25

As New Zealand faces increasing pressure to address climate change, restore ecosystems, and manage land sustainably, converting marginal land into forestry blocks is gaining attention Marginal land, often unsuitable for agriculture due to poor soil, steep slopes, or erosion risks, can be transformed into small ...

Major Changes for NZ Councils from the Local Government (Water Services Preliminary Arrangements) Act 2024 and Local Government (Water Services) Bill
13 Jan 25

In a significant move to reshape New Zealand's water infrastructure management, the Local Government (Water Services Preliminary Arrangements) Act 2024 (the Preliminary Arrangements Act) introduces sweeping changes that will impact how councils operate their water services. This legislation, set against the backdrop of increasing water ...

Offshore Renewable Energy Bill passes first reading
20 Dec 24

Introduced under urgency and having passed its first reading, the Bill is a key component of the Governments Electrify NZ Plan The Offshore Renewable Energy Bill (the Bill) introduces a legislative framework to govern the construction, operation, and decommissioning of offshore renewable developments. The Bill ...

The Fast-Track Approvals Act 2024 – what you need to know
20 Dec 24

The Fast-Track Approvals Act 2024 has finally landed. It will be ready to launch on 7 February 2025. The Fast-Track Approvals Bill passed its third reading on 17 December, becoming the Fast-Track Approvals Act 2024. It has seen some refinement since its inception – read ...

Emma Kerr & Steve O’Dea promotion to Partnership
20 Dec 24

We are thrilled to announce that Emma Kerr and Steve O'Dea will be joining the Anderson Lloyd Partnership, in our Auckland | Tāmaki Makaurau office. This appointment (subject to Law Society Approval), will be effective from 1st April 2025. Emma has been a key part ...

Immigration Alert: Significant Temporary Visa Changes Announced
18 Dec 24

On 17 December 2024 the government announced significant changes to the Accredited Employer Work Visa (AEWV) scheme, Interim Visas and Recognised Seasonal Work pathways. These changes will be implemented throughout 2025. Key dates and changes From 27 January 2025: Accredited and Recognised Seasonal Employers will ...

Government introduces new Resource Management Amendment Bill under urgency
13 Dec 24

The Resource Management (Consenting and Other System Changes) Amendment Bill was introduced on December 9 The Resource Management (Consenting and Other System Changes) Amendment Bill (Bill) amends the Resource Management Act 1991 (RMA) to advance key Government priorities. These include: Streamlining consent processes for infrastructure, ...

ACT’s trifecta of Christmas gifts for employers
10 Dec 24

Employers must have made it onto Santa's nice list this year, with the coalition government proposing several changes to the Employment Relations Act 2000 that will limit employees' ability to raise personal grievances and the remedies available Protected exit discussions The first of three proposed ...

Revised Act giving extra protection to whistleblowers
9 Dec 24

Column written by James Cowan and published in the Otago Daily Times on 9 December 2024 It has now been more than two years since New Zealand’s whistleblowing legislation was revamped in the Protected Disclosures (Protection of Whistleblowers) Act 2022. Some pundits predicted an increase ...

NAIA Lunchbox Presentation – Dr Lily Fraser
3 Dec 24

The Anderson Lloyd team had the privilege of hearing from and sharing kai with special guest, Dr. Lily Fraser, at last month's NAIA Lunchbox Presentation. Lily is from Kāi Tahu, from one of the local Marae Puketeraki. Lily is the first graduate from Kura Kaupapa ...

Immigration alert: Changes to Partner Work Rights
2 Dec 24

Background Currently, most partners of Accredited Employer Work Visa (AEWV) holders are granted conditional work visas, allowing work at median wage or higher for an accredited employer only. Exceptions are in place for partners of AEWV holders working in Green List roles, or earning at ...

Providing a Mentally Safe Workplace in 2024
2 Dec 24

2024 has been a big year for the topic of mental health in the workplace, with several decisions out of the employment jurisdiction attracting media attention. We summarise some of those decisions and their significance in this article as a chance for employers to reflect ...

Can employment claims be raised outside the 90-day limitation period for a personal grievance?
2 Dec 24

Generally, employees have a 90-day limitation to raise a personal grievance claim. But can employers breathe a sigh of relief once the 90 days have passed? Personal grievances are the primary vehicle under New Zealand legislation for employees to raise claims about the decisions or ...

Contributory conduct in 2024 – change signalled by Government, but is it needed?
2 Dec 24

In November 2023, the newly elected government outlined the priorities for its thee-year Parliamentary term in two coalition agreements – one between the National Party and the New Zealand First Party, and another between the National Party and the ACT Party While both agreements set ...

Updates to Roadside Drug Testing in New Zealand
2 Dec 24

In 2022 the Land Transport (Drug Driving) Amendment Act 2022 was introduced to contemplate roadside oral fluid testing for substances including a new list of prescription medications. At the time, the amendment could not be implemented due to a number of practical considerations including the ...

Balancing privacy and open justice Full Employment Court provides guidance on non-publication orders
2 Dec 24

A full Employment Court has released a judgment providing guidance on how the Employment Relations Authority and Employment Court should approach non-publication orders in the future [1] The case arose from a challenge to an Employment Relations Authority (Authority) decision where the Authority had made ...

Holidays – all I want for Christmas is a new Act!
2 Dec 24

Changes to the Holidays Act have been long overdue given how unworkable the existing legislation is.  Targeted consultation on a draft bill began in September, but exactly where that has landed is anyone's guess What we currently know is that the requirement to pay annual ...

New privacy rules when collecting information from third parties will impact employers
28 Nov 24

The Privacy Amendment Bill will, if enacted, amend the Privacy Act 2020 by introducing Information Privacy Principle 3A taking effect from 1 June 2025 IPP 3A focuses on the collection of personal information from someone other than the individual concerned. IPP 3A requires obligations in ...

The Contracts of Insurance Act 2024: Insurance reform 25 years in the making
27 Nov 24

The Contracts of Insurance Bill has now become law. The Contracts of Insurance Act 2024 enacts changes to insurance contract law which have been in the making for over 25 years Insurance contracts have been governed for decades by laws from a melting pot of ...

The Law Association of New Zealand releases Seventh Edition of Deed of Lease
25 Nov 24

The Law Association of New Zealand Incorporated (formerly the Auckland District Law Society) released the Seventh Edition of the Deed of Lease and Sixth Edition of the Agreement to Lease on 25 November 2024 Introduction The seventh edition of the Deed of Lease (Seventh Edition) ...

2024 Cooperative Business NZ Awards
18 Nov 24

Anderson Lloyd was pleased to host the 2024 Cooperative Business NZ Annual Awards last week in our Ōtautahi office. The event was a full house, with attendees coming from all over the country to celebrate individuals and organisations contributing to the cooperative and mutual community. ...

‘Pay transparency’ bill survives its first reading
11 Nov 24

The Employment Relations (Employee Remuneration Disclosure) Amendment Bill ('the Bill') has survived its first reading and will now go to Select Committee. The Bill, if enacted, would protect employees from being subject to 'adverse conduct' for discussing and / or disclosing their remuneration to others ...

Job Change applications following a business sale or restructure
5 Nov 24

Immigration New Zealand (INZ) has updated the rules for varying visas after a business sale or restructure. Current rules When a business is sold or restructured, Accredited Employer Work Visa (AEWV) holders cannot keep working if their employer changes as a result of that process. ...

Living Wage Week 2024
4 Nov 24

Anderson Lloyd is proud to continue supporting Kiwis as a Living Wage Employer. This year marks the 10th anniversary for the Living Wage Movement which is being celebrated this week. Leading the way in 2019, Anderson Lloyd was the first large New Zealand law firm ...

Resource Management (Freshwater and Other Matters) Amendment Bill passes – with controversial last-minute amendment
24 Oct 24

The Resource Management (Freshwater and Other Matters) Amendment Bill was passed by parliament today – but not before a last-minute amendment to stop regional councils implementing plans to give effect to the National Policy Statement for Freshwater Management (NPS-FM) The Resource Management (Freshwater and Other ...

Environment Committee says changes needed to Fast-track Approvals Bill
23 Oct 24

The Environment Committee has released its report on the Fast-track Approvals Bill. It has recommended by majority that it be passed with key changes The Fast-track Approvals Bill (the Bill) was introduced earlier this year, creating a one-stop-shop designed to accelerate the delivery of infrastructure ...

From Omnichannel Supermarkets to Sustainability Legislation – UK Commercial Property Trends with Potential in New Zealand
22 Oct 24

As a recent arrival in New Zealand from the UK, the two commercial property markets and jurisdictions share a lot of similarities. With both island nations buffeted by global headwinds, we dive into three popular trends in the UK and explore how they may, or ...

Back-to-work dictate comes amid changes in workers’ priorities
21 Oct 24

Column written by John Farrow and published in the Otago Daily Times on 21 October 2024 Public Service Minister Nicola Willis recently announced that the government wanted to see more public servants come into their place of work each day, and is taking steps to ...

New Zealand chapter of Lexology In-Depth: Privacy, Data Protection & Cybersecurity
17 Oct 24

Anderson Lloyd are pleased to the be sole authors of the New Zealand chapter and 11th edition of @Lexology In-Depth: Privacy, Data Protection & Cybersecurity, having previously contributed to the 9th and 10th editions. The chapter provides an overview of New Zealand's privacy,  data protection ...

Welcome change to the overseas investment rules signalled by Hon David Seymour
16 Oct 24

Associate Finance Minister David Seymour has announced that cabinet has agreed to undertake extensive reform to the Overseas Investment Act 2005 (Act) which will loosen the restrictions on overseas investment in New Zealand. Minister Seymour issued a new ministerial directive letter in June 2024 (refer ...

Remembering Passchendaele
15 Oct 24

Anderson Lloyd partner Frazer Barton spoke during the Remembering Passchendaele service at the Dunedin Railway Station yesterday. Members of the Dunedin RSA choir sang at the ceremony. It is done yearly to honour the 36 Otago soldiers who climbed out of the trenches at Passchendaele, ...

Local Water Done Well and changes to the drinking water quality regulations
11 Oct 24

On 8 August 2024 the Government announced further details on its Local Water Done Well programme. The Government's intention of this programme is to address New Zealand's water infrastructure challenges and is in response to the previous government's Three Waters reform. Included in the 8 August ...

Overseas trustees, executors and beneficiaries – potential tax implications you need to be aware of
11 Oct 24

Settlors of trusts and will-makers need to be aware that if they move overseas or if any of their trustees, executors or beneficiaries move overseas, there could be tax consequences for their trust, their estate and beneficiaries. Specialist advice should be obtained if this has ...

Dairy Company fined $420,000 for misleading “100% Pure New Zealand” claims on products sourced internationally
11 Oct 24

"Commercial Sleepwalking" lands Hamilton based dairy company hefty fine In January 2024, the Commerce Commission launched a prosecution against Hamilton-based dairy company Milkio Foods Ltd (Milkio). The case centered on false claims made by Milkio regarding the origin of ingredients used in its ghee products ...

A shift in New Zealand’s current overseas investment regime – speeding up the OIO consent process
11 Oct 24

The Overseas Investment Act 2005 (Act) requires overseas investors to apply to the Overseas Investment Office (OIO) for consent to buy certain types of assets in New Zealand – such as "significant business assets" and "sensitive land" (which can include farm land) The Minister of ...

Arthurs Point to Arrowtown trail to open this weekend
4 Oct 24

Article shared by Crux News mentioning Robert Huse, Partner at Anderson Lloyd.  In time for the second week of the school holidays, the much-anticipated Wharehuanui Trail linking Arrowtown to Arthurs Point is set to open on Saturday. Despite construction works having been completed weeks ago, ...

Select Committee unveils final report on the Resource Management (Freshwater and Other Matters) Amendment Bill
4 Oct 24

The Primary Production Select Committee has published its final report on the Resource Management (Freshwater and Other Matters) Amendment Bill Earlier this year the Resource Management (Freshwater and Other Matters) Amendment Bill (the Bill) was introduced as part of a three-phased approach to reforming Aotearoa ...

Purchase Price Allocation and Depreciation in Commercial Property Transactions
2 Oct 24

At the end of 2023, the Government announced its intention to remove tax depreciation on commercial buildings. This was legislated and became law from 1 April 2024. This change, combined with the mandatory requirement for the inclusion of a purchase price allocation in a sale ...

Government to clarify discharge consent provisions in the Resource Management Act
1 Oct 24

The Government announces more rapid changes are to come for the Resource Management Act, following recent decisions of the High Court. Two High Court decisions released this year have taken a stringent approach to legislative requirements for discharge permits, as set out in sections 70 ...

New gateway test to be introduced for determining whether a worker is a contractor or employee
17 Sep 24

The Workplace Relations and Safety Minister has signalled upcoming changes to the Employment Relations Act 2000 On 15 September 2024 the Workplace Relations and Safety Minister (WRS Minister) said there would be upcoming changes to the Employment Relations Act 2000 (Act) to provide a new ...

Changes to the National Policy Statement for Highly Productive Land (NPS-HPL) are due to come into effect soon
12 Sep 24

Intensive indoor primary production, greenhouse activities and specified infrastructure have new consenting pathways under the NPS-HPL. The changes come into effect from 14 September 2024. The NPS-HPL The NPS-HPL is a national policy statement under the Resource Management Act 1991 (RMA). It sets an objective ...

Coastal Wetland Blue Carbon Policy Research in Aotearoa
6 Sep 24

Anderson Lloyd has had the privilege of working on the Coastal Wetland Blue Carbon Policy Research in Aotearoa project. This has been a great opportunity to connect with people in the wider blue carbon community here in New Zealand and further afield. This report was ...

More delays for Holidays Act overhaul
3 Sep 24

Shared from Otago Daily Times. Published on Monday, 2 September 2024.  THE latest attempt to overhaul the hugely problematic Holidays Act has run into fresh delays. The existing legislation is so unworkable that hundreds of thousands of employees have been underpaid by billions of dollars ...

The safety net: how to save a project from a falling contractor
30 Aug 24

Managing and mitigating contractor insolvency risks is essential in a challenging economic environment According to MBIE, in its 2023 report on industry trends, construction insolvencies comprised 23.5% of all insolvencies. Construction is clearly a risky business. Insolvency of a contractor poses perils to a project: ...

Casual employees can also raise unjustified dismissal claims
26 Aug 24

One of the main benefits of engaging staff on a casual basis is the ability to simply stop offering them future work without it constituting a 'dismissal'. There are however certain instances where a casual employee could be successful in raising an unjustified dismissal claim. ...

Considering hiring someone new? A reminder of risks and safeguards when offering new employment
26 Aug 24

Offering new employment can be a risky business. Sometimes an employer backs out of discussions with a prospective employee without realising their words or actions have already given rise to an offer of employment. In other circumstances, an employer might intend make an offer of ...

Holidays Act Reform
26 Aug 24

For what seems like an eternity we have been waiting for an overhaul of the Holidays legislation. Employers and Employees want legislation that is easily applied, understood and not at all complex. But the Holidays Act has been a political football since 2011 with no ...

Employment Relations Authority found pregnant employee’s resignation to be a constructive dismissal
26 Aug 24

An employee who resigned after 'repeatedly putting her employer on notice of her need for some flexibility, and the medical issues she was facing in relation to her pregnancy,' has recently been awarded $20,000 for a successful constructive dismissal claim. Facts Ms Caldeira was employed ...

Siouxsie Wiles case highlights employer’s health and safety obligations
26 Aug 24

A recent Employment Court decision involving Associate Professor Siouxsie Wiles from the University of Auckland has highlighted the challenges faced by academics who engage in public discourse and the responsibilities of their employers in ensuring a safe working environment. As the COVID-19 pandemic arrived in ...

Potential Law Reform: Should gender be a protected ground under the Human Rights Act?
26 Aug 24

We are increasingly being asked to advise on issues involving the crossover of employment law and human rights or anti-discrimination laws. One question we get is whether gender, or gender identity, is a prohibited ground of discrimination in the Human Rights Act 1993 (HRA), and ...

Court of Appeal set to clarify the approach to disputes over the interpretation, application or operation of employment agreements
26 Aug 24

The Court of Appeal grants leave to determine the scope of section 103(3) Employment Relations Act 2000. The Employment Relations Act 2000 (Act) differentiates between personal grievances – defined in section 103(1) and including unjustified dismissal and unjustifiable actions relating to one or more conditions ...

Can the fair and reasonable employer please e tū?
26 Aug 24

A warning to all "well-resourced" employers. The recent Employment Court judgment in E tū Incorporated v Singh [2024] NZEmpC 84 is a reminder that large and well-resourced employers will be held to a higher standard. What also naturally follows is that smaller and less-well-resourced employers ...

Updates to Emissions Trading Scheme settings
22 Aug 24

The Government has announced how many New Zealand units will be available for auction and price controls for the next five years.  The New Zealand Emissions Trading Scheme (ETS) is one of the Government's key tools for meeting New Zealand's climate targets and the Government ...

Carbon Forestry NZ Conference 2024
21 Aug 24

Anderson Lloyd were pleased to once again sponsor this year's Carbon Forestry NZ Conference, held in Rotorua this week. This event brought together over 300 industry leaders to workshop with and hear from informative and innovative speakers on carbon forestry markets, developments and legislation. Dan ...

Facts not Favours: the importance of impartiality for expert witnesses in construction disputes
21 Aug 24

Getting the right answer from the right person is important, not just the answer you want to hear Expert witnesses can be decisive in construction disputes. However, it is a common misconception that an expert who strongly advocates a party's position will make a case ...

Discussion document released on New Zealand’s second Emissions Reduction Plan
16 Aug 24

New Zealand's second "Emissions Reduction Plan" for the period of 2026 – 30 is due to be released by the end of 2024. A discussion document released by the Ministry for the Environment in July provides insight as to how this plan may impact New ...

Climate Change Regulation 2024: A Chambers Global Practice Guide
13 Aug 24

The Anderson Lloyd Climate Change team are pleased to be the sole authors of the New Zealand chapter of Chambers Climate Change Regulation 2024: A Chambers Global Practice Guide. This chapter provides expert commentary on New Zealand's current and anticipated climate response, how this response ...

Vendors not liable to purchasers of earthquake prone building said to be 60% NBS
7 Aug 24

Vendors of a commercial building who said it had a "good NBS rating" of 60%, in reliance on an Initial Seismic Assessment supplied to the purchaser, have been found not liable for misrepresentation, despite two later Detailed Seismic Assessments concluding the building was earthquake prone, ...

Government targets Carbon Capture, Utilisation and Storage to meet reduction commitments
1 Aug 24

Feedback on the Ministry of Business, Innovation and Employment's (MBIE) Proposal for a Regulatory Regime for Carbon Capture, Utilisation and Storage is due 5pm, 6 August. The Proposal provides an important opportunity for carbon emitters and potential sequesters alike to have their say on how ...

Select Committee publishes final report on the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill
31 Jul 24

The Primary Production Select Committee has published its final report on the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill. The Government's proposed Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill seeks to provide further stability and ...

AGD Trustee Limited v Millbrook Country Club Limited [2023] NZHC 2141
30 Jul 24

This High Court decision helps to simplify the approval process under a restrictive covenant where there is a resident's society in place ADG Trustee Limited (ADG) purchased a property at Mill Vista Lane (Property) in 2021.  The Property is on the southern boundary of the ...

Whakaruru v Bath [2023] NZHC 2474
30 Jul 24

The Whakaruru Family Trust (Trust) entered into an unconditional agreement with Mr Bath for the sale of the Trust's property on Pallant Street, Manurewa (Property) for the sum of $1,160,000 including GST Mr Bath's solicitors advised that due to changes in lending criteria and a ...

Re Feng [2023] NZHC 2074
30 Jul 24

The Mills Family Trust (Trust) agreed to sell their property at 22 Manapau Street, Auckland (Property) to Mr Feng Mr Feng then nominated Mr Wang as purchaser who subsequently failed to settle the purchase. After the purchase fell through, the Mills Trust proceeded to sell ...

Re Fairview Estate Investment Limited [2023] NZHC 2874
30 Jul 24

This case relates to an application made by a developer to extinguish a covenant registered over two of its lots preventing subdivision of the burdened land Fairview Estate Investment Limited (Fairview) is a property developer that was undertaking a subdivision of a property in Auckland ...

Queenstown Trails Trust
30 Jul 24

The Queenstown Trails Trust (Trust) is a charitable trust that is responsible for the planning and development of more than 200 kilometres worth of trails within the Whakatipu Basin The role of the Trust is to plan, develop, maintain and improve the world-class trail network ...

Project Titan
30 Jul 24

Anderson Lloyd's Auckland Property team, led by Dan Williams, has recently assisted Silverfin Acquistions Limited's subsidiary Silverfin Nominees (Inghams Hatchery) Limited to acquire two large scale poultry farms, being approximately 44.56 hectares in total, in the Waikato region, from Bromley Park Hatcheries Limited Silverfin is ...

Changes to Brightline
30 Jul 24

As announced by the New Zealand Government, the Bright-line Rule will revert to its original form, being the 2-year test If you sell a property on or after 1 July 2024 the bright-line property rule will only apply if the property is sold within 2 ...

Residential Tenancies Amendment Bill 2024 passes first reading
30 Jul 24

The Residential Tenancies Amendment Bill 2024 passed its first reading in Parliament on 21 May 2024. If enacted this will roll back many changes to the Residential Tenancies Act 1986 introduced by the previous New Zealand Government. Introduction The Residential Tenancies Amendment Bill 2024 (Bill) ...

Solar Bay Maungaturoto Solar Farm project
30 Jul 24

Anderson Lloyd is very pleased to have supported Solar Bay, as lead project counsel, on the development and project financing of the Maungaturoto Solar Farm project, which achieved financial close on Friday. Our team of experts, led by Anton Trixl and Geoff Busch with support ...

Future of contractors and the Holidays Act
29 Jul 24

Article written by John Farrow and published in the Otago Daily Times on 27 July 2024. The coalition government has released its Q3 action plan (July 1 to September 30, 2024). The plan includes beginning public consultation on reform of the Holidays Act and deciding, ...

New Zealand Chapter of Lexology In-Depth: Renewable Energy Law – Edition 7
29 Jul 24

Anderson Lloyd Partner, Anton Trixl, is pleased to be the sole author of the New Zealand chapter of Lexology In-Depth: Renewable Energy Law – Edition 7. This chapter explores recent developments in New Zealand's renewable energy sector and the key legal considerations to developing a ...

Frazer Barton named as one of NZ Lawyer’s Most Influential Lawyers 2024
23 Jul 24

Congratulations to Anderson Lloyd Litigation Partner, Frazer Barton, who is one of only 24 lawyers nation-wide to make the 2024 NZ Lawyer list of Most Influential Lawyers. He is recognised in the Changemakers category for his contribution to not just his clients and practice area, ...

Post-accreditation compliance quick-guide
19 Jul 24

When your business applied for accreditation it made several commitments to Immigration New Zealand (INZ). Compliance with these commitments is essential to accreditation being maintained and renewed. Please ensure that you complete and track all of the below. Guaranteed hours All AEWV holders must be ...

New Zealand Chapter of Lexology Panoramic: Data Protections & Privacy 2025
18 Jul 24

Anderson Lloyd are pleased to the be sole authors of the New Zealand chapter of Lexology Panoramic: Data Protection & Privacy 2025. The chapter provides an overview of New Zealand's data protection and privacy laws and explores topics such as regulation of privacy breaches, cross ...

Lexology In Depth: Insurance and Reinsurance Law – New Zealand Chapter
17 Jul 24

Anderson Lloyd Litigation Partner, Melissa Hammer, is proud to be the sole author of the New Zealand chapter of the recently published 12th edition of Lexology In Depth: Insurance and Reinsurance Law. This edition provides an insightful overview of the legal and regulatory frameworks governing ...

AEWV holders wanting to bring family to New Zealand
9 Jul 24

Background This alert sets out further changes to the Accredited Employer Work Visa (AEWV) scheme for individuals wanting to bring family to New Zealand. Update From 26 June 2024, AEWV applicants with a role at ANZSCO Level 4 or 5 cannot support visas for their ...

Chambers Construction 2024 Global Practice Guide – New Zealand Construction Law and Practice chapter
5 Jul 24

Anderson Lloyd's construction team members are pleased to once again be the authors of the Chambers Construction 2024 Global Practice Guide – New Zealand Construction Law and Practice chapter. This new edition covers the essential concepts and provides the latest legal information on the governing ...

Coalition Government’s new plan to “fix our housing crisis”
5 Jul 24

The Government has unveiled Stage One of its new Going for Housing Growth Plan (Plan) to unlock land for housing, build infrastructure, and share the benefits of growth including by removing Land Use Capacity (LUC) 3 land from the definition of highly productive land in ...

Modernisation of the Public Works Act 1981 – A necessary shake up?
21 Jun 24

The Minister for Land Information, Chris Penk, has confirmed that an independent panel will review the Public Works Act 1981 (the Act) with a view to recommending pragmatic changes to modernise the Act. Mr Penk confirmed that the intention of the review is to facilitate ...

Government making waves with RM reform – the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill
7 Jun 24

Government has proposed the Bill to see 1,200 marine farms obtain a 20-year resource consent extension. Read more about the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill here. The Government have identified roughly 1,200 marine farms that currently require one ...

Short-Rotation Forestry Could Hold the Key to Lowering New Zealand’s Fossil Fuel Dependency
30 May 24

Following a two-year exploration of renewable energy solutions, Crown Research Institute Scion has released a statement highlighting the potential of short-rotation forestry (SRF) to significantly reduce New Zealand’s current reliance on fossil fuels – in particular, coal.  The relevant media release can be found here. ...

Rapid RM reform – introducing the Resource Management (Freshwater and Other Matters) Amendment Bill
29 May 24

Phase two of the resource management reform is well underway and the government has just introduced the first of two amendment bills to come. Meet the Resource Management (Freshwater and Other Matters) Amendment Bill. A new Resource Management Amendment Bill has been introduced to Parliament ...

AJ Lodge – Employment Law Committee
27 May 24

Ashley-Jayne Lodge, Employment partner at Anderson Lloyd, was interviewed recently by the NZ Law Society about her role on the Employment Law Committee. Christchurch based Ashley-Jayne (AJ) Lodge is enthusiastic about her work as part of the Law Society’s Employment Law Committee. A partner at ...

High Court upholds engineers’ limitation of liability clauses
17 May 24

Engineers allegedly responsible for a defective design of a transport hub for the Tauranga City Council can rely on contractual terms limiting their liability to five times their fee in their defence of the Council's claimed losses of $26m. The Council had argued that the ...

Trespassing and Wandering Stock: A Guide for Rural Landowners
13 May 24

In rural communities, the sight of wandering livestock grazing peacefully by the roadside may seem picturesque, but it poses significant risks and legal liabilities for both the animals and the public. The issue of wandering stock is not just a matter of inconvenience; it can ...

Decisions on the proposed Otago Regional Policy Statement 2021
13 May 24

Otago Regional Council (ORC) has released its decisions on the freshwater and non-freshwater parts of the proposed Otago Regional Policy Statement 2021 (pORPS). Background Regional councils are required to prepare regional policy statements under the Resource Management Act 1991 (RMA). Regional policy statements provide an ...

Avoiding the Pitfalls of Partnerships in Succession Law
13 May 24

We have found a number of our farming clients are unaware of the implications a business partnership can have on their succession planning. Partnerships are typically created under formal partnership agreements. However informal partnerships can be created unintentionally, for example by spouses operating a farm ...

Extension of trust duration under the Trusts Act 2019
13 May 24

The Trusts Act 2019 has extended the maximum potential 'lifetime' of trusts from 80 years to 125 years. The Trusts Act 2019 (Act) came into force in 2021 and introduced a number of changes to trust law in New Zealand. Under the Act it is ...

RM Reform – New Government does 180° on previous government’s RMA Reform
13 May 24

Following repeal of the Natural and Built Environment Act and the Spatial Planning Act, the government has announced the next phase in its staged approach to RMA reform, including a number of changes particularly relevant in the rural context. Current and upcoming RMA reform will ...

Unbundling your property rights: statutory rights of access to private land
13 May 24

Property owners have an expectation that they can control who has access to and use of their land. However, what is often overlooked is that in some circumstances, third parties have statutory rights to enter onto and use private land without the permission of the ...

New Zealand Firearms Registry Now Live
13 May 24

On 24 June 2023 the Arms Amendment Regulation 2023 (Regulations) introduced changes to the Arms Act 1983 (Act), with the purpose of strengthening the control and regulation of firearms, and to address concerns about a lack of oversight by the police of the number, type, ...

PGGW appeal decision highlights the need for proper due diligence in farm purchases
13 May 24

Court of Appeal reduces damages payable to West Coast dairy farmers Background Philip and Julie Routhan purchased a West Coast dairy farm for $2.8m in December 2010. PGG Wrightson Real Estate Ltd (PGG) were found to have induced the purchase with a statement that the ...

WorkSafe charges Whangārei Boys High School Board over student death
9 May 24

On 9 May 2023 a 15 year old student of Whangārei Boys High School died on a school trip to Abbey Caves. Almost a year later WorkSafe has laid charges against the Board for health and safety failings under the Health and Safety at Work ...

Immigration Alert: AEWV Change FAQs
7 May 24

Update On 7 April 2024 the government introduced a number of significant changes to the AEWV scheme. This alert includes answers to FAQs received since the announcement.   FAQs Is the AEWV median wage threshold still $29.96 hourly? Yes, for AEWV only. It has been ...

Overseas Investment Office quarterly update – solar and wind farms
6 May 24

The Overseas Investment Office (OIO) recently presented its quarterly update with particular regard to renewable projects under the Overseas Investment Act 2005 (Act). Some of the key takeaways are set out below. Investments in sensitive land for solar or wind Investments in “sensitive land” for ...

Pro Bono: Breast Cancer Cure
6 May 24

Anderson Lloyd are pleased to be able to assist our client Breast Cancer Cure on a pro bono basis. Breast Cancer Cure stands at the forefront of the battle against breast cancer in New Zealand. Through collaborations and partnerships, they champion research initiatives aimed at ...

Decreasing ‘psychosocial risks’ in the workplace
6 May 24

Article written by John Farrow and published in the Otago Daily Times on 4 May 2024. There has been increasing focus on the impact of workplace culture on employees’ mental health. The negative impacts of workplace culture are often termed ‘‘ psychosocial risks’’ . These ...

Congratulations to the University of Canterbury Law Award winners
24 Apr 24

We were delighted to host and personally congratulate the University of Canterbury Law Award winners, Lucy Harman, recipient of the Anderson Lloyd Prize in Land Law for outstanding achievement in LAWS205, and Beatrice Markwell, recipient of the Anderson Lloyd Prize in Contract Law for exemplary ...

MBIE Publishes New Seismic Risk Resource for Commercial Tenants
24 Apr 24

In a country where seismic activity poses a significant threat, understanding the structural stability of commercial buildings is paramount for tenants and property owners alike. Recognising this critical need, the Ministry of Business, Innovation and Employment (MBIE) has taken proactive steps to address seismic concerns ...

Pro bono: Yellow-eyed Penguin Trust
23 Apr 24

Anderson Lloyd were pleased to be able to assist our client Yellow-eyed Penguin Trust with some recent pro bono work. The Yellow-eyed Penguin Trust is a distinguished not-for-profit conservation organisation that holds a significant position in the preservation of the endangered species. With its crucial ...

What a Lawyer Podcast: AI – gradually then suddenly with Derek Roth-Biester
22 Apr 24

Derek Roth-Biester, Partner at Anderson Lloyd, sat down with Sam Lindsay on the 'What a Lawyer' podcast, to discuss the gradual and then sudden nature of Artificial Intelligence.  Derek has been around computers and technology since he was young fella, always finding interest in them ...

Changes to who decides whether an overseas investor can buy sensitive assets in New Zealand
22 Apr 24

The Overseas Investment Act 2005 requires overseas investors to apply to the Overseas Investment Office (OIO) for consent to buy certain types of assets in New Zealand – such as "sensitive land" (including farm land) and "significant business assets". The Act requires relevant Ministers to ...

Anderson Lloyd recognised in 2025 edition of Best Lawyers in New Zealand
18 Apr 24

We are pleased to announce that the following Anderson Lloyd Partners have been recognised by their peers in the 2025 edition of The Best Lawyers in New Zealand for their high calibre work in their respective fields. Congratulations to: Chris Bargery – Corporate Law; Mergers ...

PGGW appeal decision highlights the need for proper due diligence in farm purchases
18 Apr 24

Court of Appeal reduces damages payable to West Coast dairy farmers Background Philip and Julie Routhan purchased a West Coast dairy farm for $2.8m in December 2010. PGG Wrightson Real Estate Ltd (PGG) were found to have induced the purchase with a statement that the ...

New Employer Infringement Scheme
16 Apr 24

Immigration New Zealand (INZ) has introduced an employer infringement scheme to address low-level compliance issues. Background From 11 April 2024, INZ may issue infringement notices to employers in breach of immigration rules. This could include employing individuals unlawfully or in breach of visa conditions, or ...

Significant AEWV Changes Announced
16 Apr 24

On 7 April 2024 the government introduced a number of significant changes to the AEWV scheme. This alert provides a high-level overview of these changes. Key Changes ANZSCO Skill Level 4 and 5 restrictions Job vacancies for a role at ANZCO Skill Level 4 or ...

Queenstown Lakes District Council appeals Environment Court order to issue section 224(c) certification to local developer
16 Apr 24

In a disappointing move, Queenstown Lakes District Council (QLDC/Council) have lodged an appeal against the unprecedented Environment Court decision. Introduction QLDC lodged an appeal in the High Court against the recent Environment Court decision which granted[1] an enforcement order requiring the Council to issue a ...

Exposure draft of Biometric Processing Privacy Code released
15 Apr 24

Last week, the Office of the Privacy Commissioner (OPC) released an exposure draft code of practice for the use of biometrics (Code). The OPC is seeking feedback on the draft Code prior to 8 May 2024. How does the Code apply? The Privacy Act 2020 ...

Is a resignation full and final?
15 Apr 24

Employee resignations – when can an employer rely on a resignation and are cooling off periods still recommended? An update. Resignations are part and parcel of employment, and often occur without an issue. However, an employer can be left in a precarious situation when an ...

Employment Court orders High School to pay two former employees $1.79 million
15 Apr 24

The recent decision of Cronin-Lampe v Melville High School highlights employers' obligations in respect of employees' mental health, and particularly those who have inherently stressful or emotional jobs. The $1.79m award sends a big warning to employers about the potential consequences of failing to meet ...

Employers’ Family Violence Obligations
15 Apr 24

A recent Employment Relations Authority case, RDJ v SGF [2023] NZERA 462, clarifies and provides a useful reminder of an employer's obligations when an employee requests family violence leave.  It is also an opportune time to reflect on those obligations, with 1 April 2024 being ...

Workplace law under a new government – 100 days in, what’s on the horizon?
15 Apr 24

The first 100 days for the new government has recently ticked over, so let's take a look at what changes have been made, and what changes are in the pipeline. Changes to date The government has already delivered on two of their election promises. The ...

Employer pays the price for extensive bullying and abusive behaviour towards employee
15 Apr 24

The Employment Relations Authority has awarded $100,000 to an employee in the recent case Parker v Magnum Hire Limited & Field,[1] illustrating that the Authority is prepared to make significant awards against employers who do not provide their employees with a safe workplace. Background Mr ...

Clarification on Minimum Wage Rates for Part-time, Salaried Employees in New Zealand
15 Apr 24

The Court of Appeal has issued a judgment articulating how the minimum wage rates apply to a part-time, salaried employee.   Mount Cook Airline Limited v E Tū Incorporated [2024][1] overturns a previous Employment Court ruling on how the minimum wage rates should be applied.  Mount Cook ...

Accredited Employer Work Visa Scheme – renewals coming
15 Apr 24

In July 2022, the new Accredited Employer Work Visa (AEWV) scheme was introduced by Immigration New Zealand (INZ). This category replaced seven work visas and turned what used to be one application into three separate processes, with three different application fees. The AEWV scheme requires ...

UC Asian Law Students’ Society Mentorship Programme 2024
10 Apr 24

Anderson Lloyd has had the pleasure of partnering with the University of Canterbury Asian Law Students' Society to assist with their mentorship programme for 2024. Student mentees from the programme joined Christopher Headey, Tom Mohammed , Lucy Gallagher and Maria Hayes from our Christchurch office ...

Court of Appeal decision has significant implications for identification of wetlands
10 Apr 24

A recent decision by the Court of Appeal overturned 29 charges and set aside a $118,742 fine and three month prison sentence in respect of activities relating to wetlands. The Court of Appeal in Page v Greater Wellington Regional Council[1] found the Regional Council had ...

Property Council New Zealand Otago Corporate Golf Day 2024
9 Apr 24

Anderson Lloyd was pleased to once again sponsor the Property Council New Zealand Otago Corporate Golf Day held at the Balmacewen Golf Course on 15 March 2024. Anderson Lloyd was represented by Malcolm Couling and Rebecca Laney on the green, with property partner Sharon Knowles and members ...

High Court sets high bar for renewing discharge consents
22 Mar 24

A recent High Court decision[1] setting aside a discharge permit granted by Environment Canterbury, could have significant implications for replacing expiring discharge consents. Introduction The Environmental Law Initiative (ELI) filed legal proceedings against Environment Canterbury (ECan) over their 2021 decision to reconsent the discharge of ...

The New Standard for Construction roadshow
22 Mar 24

Our construction specialists have been touring Aotearoa to provide insights and tips on the new industry standard construction contract (NZS 3910:2023), with presentations at Anderson Lloyd's offices in Auckland, Christchurch, Dunedin and Queenstown by Lauren Whitehead, Sarah Simmers, Charlotte Webber, Simon Munro, Melissa Hammer, and Steve O'Dea. If you or your ...

Ngāi Tahu Internship 2024/25 applications are open
20 Mar 24

Applications for our Ngāi Tahu Internship Programme 2024/25 close on Thursday 28 March. If you've got what it takes, join us next summer and unlock your potential! Find out more about how to apply for this opportunity here: https://www.al.nz/careers/ngai-tahu-internship-programme/ [caption id="attachment_17393" align="alignnone" width="700"] Katelyn Loose ...

Ngāti Kahungunu Internship 2024/25 applications are open
14 Mar 24

Applications for our Ngāti Kahungunu Internship Programme close on Thursday 28 March 2024. Anderson Lloyd and Ngāti Kahungunu are working together to bring fresh talent and new perspectives into our law firm. After working closely on several commercial legal matters, we strengthened our relationship by ...

Women You Can Bank On celebrates International Women’s Day
8 Mar 24

Today we celebrate International Women's Day and earlier this week we had the honour of being the Principal Major Sponsor of the iconic Dunedin Venues event Women You Can Bank On. Each year Women You Can Bank On celebrates inspirational women across various fields and inspires ...

New Fast Track Approvals Bill introduced today
7 Mar 24

Cabinet has approved the introduction of the new Fast-Track Approvals Bill, which had its first reading in the House under urgency today. The Fast Track Approvals Bill was introduced into the House today and will shortly go to the Select Committee for public submission. Here ...

Summer Clerk applications 2024/25 now open
7 Mar 24

Summer Clerk applications open today, secure your spot to join us next summer. Our programme provides law students with an insight into what it's like to work as a lawyer in a leading law firm. Applications are open from 7-28 March 2024. If you've got ...

Emma Kerr recognised as a Rising Star
6 Mar 24

We are delighted to announce that Emma Kerr, Senior Associate at Anderson Lloyd, has been recognised as a Rising Star within the legal profession in the NZ Lawyer Rising Stars 2024 Report. This report recognises the outstanding contributions of the brightest legal professionals in New ...

Women You Can Bank On 2024
4 Mar 24

Women You Can Bank On (WYCBO) is back for 2024 and is being held in Ōtepoti Dunedin on the 6th March at the Dunedin Town Hall. Anderson Lloyd has been a partner of this event since 2019, and is committed to fostering workplace diversity and ...

Steve O’Dea promotion to Special Counsel
1 Mar 24

Congratulations to Steve O'Dea who has been promoted to Special Counsel. Steve is an integral part of the Corporate Commercial team based in Auckland, and we are thrilled to recognise his contribution to the firm. #andersonlloyd #promotions #BeGreat

Anderson Lloyd recommended in latest Legal 500 Asia Pacific 2024
26 Feb 24

Congratulations to Anderson Lloyd's lawyers who have been recommended in the latest Legal 500 Asia Pacific 2024. Our firm has been recommended in the New Zealand market for the following practice areas: Banking and Finance, Corporate and M&A, Labour and Employment, Projects and Resource Management, and ...

Anderson Lloyd acts on the sale of ten large solar farms across Aotearoa
20 Feb 24

Anderson Lloyd Partners Sarah Simmers and Anton Trixl have acted for HES Aotearoa on the sale of ten of its utility scale solar farms. HES Aotearoa is a joint venture formed by UK renewable energy companies Hive Energy, Ethical Power and Solar South West. Its ...

90-day trial periods – the more obscure claims
20 Feb 24

While an employee cannot bring a personal grievance or legal proceedings in respect of a dismissal under a valid trial period, this does not prevent the employee from being able to bring a claim at all. In this article we touch on the requirements to ...

Trust liability under the Health and Safety at Work Act 2015
13 Feb 24

Businesses need to be aware of both independent and collective trustee liability under the Health and Safety at Work Act 2015 It is a widely known and accepted legal principle that a trust is not a legal entity, but rather a legal relationship between the ...

Supreme Court opens door for private action to be brought to restrain greenhouse gas emissions
13 Feb 24

The Supreme Court has given the green light to allow a case brought against seven businesses responsible for greenhouse gas (GHG) emissions to proceed to trial. The Supreme Court in Smith v Fonterra[1] reversed the Court of Appeal's 2021 decision to strike out the case, ...

Athlete co-op wins ruling on bargaining
12 Feb 24

This article by John Farrow, Employment Partner at Anderson Lloyd, was recently published in the Otago Daily Times.  In a recent ruling of the Employment Relations Authority, in Wellington, The Athletes’ Co-operative Incorporated were given the go-ahead to initiate collective bargaining with High Performance Sport ...

2024 Promotions: When our people thrive, our clients thrive too
8 Feb 24

It is great to see so many of our staff develop and progress within the firm and we are proud of their achievements and of their contribution to Anderson Lloyd. We are pleased to announce our latest promotions: Senior Associate – Charlotte Abernethy (née White) (Property and ...

New fast-track consenting legislation and changes to NPS-FM on their way
1 Feb 24

The Government is inviting feedback on new fast-track consenting and National Policy Statement for Freshwater Management (NPS-FM) proposals by 12 February 2024. Time is tight, but we can help you feed into the development of these changes. New fast-track consenting legislation The Government promised to ...

Kelly Pankhurst named in Human Resource Director’s 2024 Hot List
25 Jan 24

Congratulations to Anderson Lloyd's General Manager of People and Culture Kelly Pankhurst who has made the Human Resources Director's 2024 Hot List. This list highlights outstanding HR executives across New Zealand – individuals who think globally and act locally, have led new initiatives, and have ...

Naseby’s Night Sky – Plan Change 22
19 Jan 24

Plan Change 22: LIGHT (Dark Sky) The Central Otago District Council is advancing Plan Change 22 (Plan Change) to the Central Otago District Plan (CODP) to include a new section in the CODP supporting the protection, maintenance and enhancement of the night sky from the ...

Employee burnout: recent Employment Relations Authority decision
19 Jan 24

Perry v The Warehouse Group Limited is the latest decision from the Employment Relations Authority to deal with employer obligations where an employee raises mental health concerns. As we head into the new year, the decision serves as a reminder for employers about their obligations ...

Government pauses planned median wage increase for AEWV
16 Jan 24

The median wage is updated in immigration policy each February. This is based on the rate published by Statistics New Zealand the previous June. Several New Zealand work and residence visas are indexed to this median wage, including the Accredited Employer Work Visa (AEWV) and ...

Chambers Asia-Pacific Guide 2024
22 Dec 23

Anderson Lloyd has once again received international recognition as a market leader in the latest Chambers and Partners Asia-Pacific Guide, with 6 individual lawyer rankings and 5 department rankings in the 2024 guide. These well-deserved accolades are a testament to the exceptional talent and dedication within our ...

Government’s ‘gone-by-Christmas approach’ repeals new planning laws, but the future of RMA remains uncertain
22 Dec 23

The Government has followed through with repealing the Natural and Built Environment Act (NBEA) and Spatial Planning Act (SPA) under urgency. The Resource Management Act 1991 (RMA) remains 'live' in the meantime, while a second phase of reform is progressed to amend it, as well ...

Anderson Lloyd’s move to The Regent as part of Christchurch’s ongoing revitalisation
20 Dec 23

We are pleased to announce our planned move in Ōtautahi Christchurch to a new office space on level 2 of The Regent, on the corner of Cathedral Square and Worcester Street. Anderson Lloyd Board Chair, Kerry O'Donnell, says: " We are excited to be moving ...

Immigration alert: 90-day trial periods for AEWV holders
19 Dec 23

This alert discusses the recent 90-day trial period announcement from the government, and how this applies to migrant workers on an Accredited Employer Work Visa (AEWV). 90-day trial periods A 90-day trial period can be used by employers to determine whether a new employee is ...

Well-drafted contracts vital for including 90-day trial clauses
11 Dec 23

John Farrow, Partner at Anderson Lloyd, recently wrote the below employment article which was published in the Otago Daily Times.   The coalition government’s 100-day plan includes an expansion of 90-day trial provisions to all businesses. At present, only businesses with fewer than 20 employees ...

Supreme Court has the final say on water bottling appeals
6 Dec 23

The Supreme Court has upheld the Court of Appeal's decision relating to water bottling consents. This has implications for water rights in Canterbury until future regional planning processes provide for potential change. Background The Supreme Court has released its Decision[1] on 20 November 2023, upholding ...

The Legal 500 Asia Pacific Green Guide 2024 Edition – Recommended Firm
4 Dec 23

Anderson Lloyd is pleased to be inducted into The Legal 500 Asia Pacific Green Guide 2024 Edition as a recommended firm, for a second year. The Legal 500 Green Guide is the first worldwide guide recognising the top law firms advising on issues around climate ...

Re-registration of incorporated societies
30 Nov 23

The new Incorporated Societies Act 2022 (new Act) is now fully in force and incorporated societies will need to re-register under the new Act before 5 April 2026 in order to remain an incorporated society. The new Act was passed into law on 5 April ...

Worksafe’s brother bother
30 Nov 23

Recent health and safety prosecutions have kept it in the family. Two health and safety cases involving prosecuting individuals have resulted in vastly different outcomes. In this case round-up we outline the family business affairs that have recently been the subject of WorkSafe's attention. The ...

Mental health and fitness to work: Learnings from recent decisions of the Employment Relations Authority
30 Nov 23

Two recent decisions out of the Employment Relations Authority provide practical insight into how employers should navigate scenarios relating to an employee's mental health and their fitness to work. McKenzie v Tranzurban [2023] NZERA 303 involved an employee who had been off work for several ...

Navigating the Intersection of Personal and Professional Relationships
30 Nov 23

The legalities of the employment relationship are tricky at the best of times. When the employee and employer are family or in a personal relationship, things can get even trickier. It is relatively common in New Zealand for someone to have their kids or partner ...

Non-disparagement – what does it actually mean?
30 Nov 23

For those of you familiar with confidential Records of Settlement, a mutual non-disparagement clause is common.  MBIE's template Settlement Agreement includes it as a matter of course. However, employers and employees alike should carefully consider both the advantages and disadvantages of including such a clause. ...

Immigration Alert: Removal of 90-day trial periods
30 Nov 23

From late October 2023 accredited employers will need to commit to not using 90-day trial periods for Accredited Employer Work Visa (AEWV) holders. 90-day trial periods A 90-day trial period can be used by employers to determine whether a new employee is suitable for the ...

Holidays and annual closedowns – A new Government, but uncertainty remains
30 Nov 23

At the time of writing the Country still does not have a new Government. What we do know is that 5 long years after the initial review of the Holidays Act by the Taskforce we are no closer to seeing real change to the Holidays ...

Beware of Social Media Posts
30 Nov 23

In a previous newsletter, we discussed situations where an employee can justifiably be disciplined for behaviour outside of work.  Specifically, the employer must determine whether a link exists between the conduct and the employment, whether the conduct could bring the employer into disrepute, and whether ...

Employees abandoning their employment
30 Nov 23

As a team, we have noticed an influx of employee abandonment scenarios for our clients.  The below article explores the concept of abandonment and the process that should be followed. Abandoning employment Abandonment is a situation where an employee is absent from the workplace for ...

Employment law changes following announcement of new government
28 Nov 23

[This article was recently published on the HRD website here] The recent finalisation of the National – Act – New Zealand First coalition signals a number of key employment changes on the horizon. Employment law changes The Government has said it will repeal the Fair ...

Anderson Lloyd advises on NZ Windfarms Ltd and Meridian Energy joint venture
3 Nov 23

Anton Trixl and the Anderson Lloyd team were delighted to advise @NZ Windfarms Ltd in the establishment of its joint venture with Meridian Energy to repower the Te Rere Hau wind farm, located near Palmerston North. The project is set to replace 91 small turbines ...

Whakaari Management Limited convicted of charge under the Health and Safety at Work Act 2015
1 Nov 23

On 31 October 2023 the District Court found WorkSafe had proven a charge brought against Whakaari Management Ltd (WML) arising from WML's management of the island on behalf of the island's owner.  The charge was the only remaining charge to be resolved relating to the ...

What might the election results mean for land and property?
26 Oct 23

The general election results are in, with National and Act currently holding a slim majority. The formation of the next government will depend on the outcome of the special votes. With how the votes currently look, we thought it timely to look into some of ...

Congratulations to Anne McLeod on being selected as one of the 2023 Elite Women Lawyers
25 Oct 23

Congratulations to Anderson Lloyd Corporate Commercial Partner Anne McLeod, who has made the 2023 NZ Lawyer list of Elite Women. The list celebrates Aotearoa New Zealand's top female legal talent and recognises those with the drive and determination to make a lasting positive impact on the ...

The refurbished NZS 3910 – What’s new?
25 Oct 23

NZS 3910:2023 is a major update from the 2013 edition, here's what you need to know. The revised NZS 3910 has been unanimously approved by all 23 committee members, including Lauren Whitehead of Anderson Lloyd, and is scheduled to be published in December 2023. New Zealand's ...

Employment law changes on horizon
23 Oct 23

Article written by John Farrow and published in the Otago Daily Times on 25 August 2023.  When Labour came to power in 2017 it brought with it a raft of employment law changes. Throughout its two terms it continued to implement changes including, perhaps most ...

The Construction Contracts (Retention Money) Amendment Act 2023: what you need to know
20 Oct 23

The collapse of construction companies such as Mainzeal and Ebert Construction has prompted legislative change to afford more protection for retention monies held under construction contracts. Parties to commercial construction contracts entered into after 5 October 2023 will need to comply with the new retentions ...

Protection order for Te Waikoropupū Springs comes into effect
19 Oct 23

Article published on the Stuff website on 19 October 2023 The highest level of protection for a waterway in Aotearoa will come into effect on Thursday for one of the largest freshwater springs in the southern hemisphere. The long battle that has been waged to protect Te Waikoropupū ...

Anderson Lloyd: Embracing Te Wiki o Te Reo Māori
18 Oct 23

Kelly Pankhurst, GM of People & Culture at Anderson Lloyd, was interviewed by HRD NZ recently for an article on Te Wiki o Te Reo Māori, Māori Language Week. Te Wiki o Te Reo Māori, Māori Language Week, is an annual celebration of Māori language where ...

What might the election results mean for employment law?
16 Oct 23

The general election results are in, but with special votes outstanding, we are still waiting to see which party(s) will form New Zealand's next Government. With how the votes currently stand, we thought it timely to take a look at some of the employment law ...

We should do the right thing because it is the right thing to do
16 Oct 23

Anderson Lloyd's HR team talks its Rainbow Tick certification and the need for DEI education. For Anderson Lloyd, the legal profession must collectively acknowledge the need for greater diversity in order to better serve clients’ needs. The firm recently announced that it has obtained a Rainbow Tick ...

The first three farm-to-forest conversion decisions have been decided
16 Oct 23

In August 2023, the Overseas Investment Office (OIO) released decisions on the first three farm-forest conversion applications. Only one consent was granted and two were declined. The Overseas Investment Act 2005 was amended in 2022 so that farm-to-forest conversions were required to be considered under ...

Can an employer refuse to hire a former sex worker?
13 Oct 23

William Fussey, Associate at Anderson Lloyd, was interviewed by HRD NZ recently for an article on how the Lisa Lewis case highlights legalities of discrimination with recruitment. You may remember Lisa Lewis from the time she ran across a rugby pitch in a bikini that ...

2023 IFLR1000 rankings
12 Oct 23

We are pleased to share that Anderson Lloyd has been included in the latest IFLR1000 rankings, specifically in the categories of Banking and Finance, M&A and Project Development. We would also like to recognise the following lawyers for their individual achievements: Geoff Busch, who has ...

AI tools and privacy – The OPC releases new guidance
28 Sep 23

The OPC has released detailed guidance outlining how AI relates to the Privacy Act's 13 Information Privacy Principles The Office of the Privacy Commissioner (OPC) released guidance to help businesses using artificial intelligence (AI) tools ensure they’re meeting their obligations under the Privacy Act 2020 ...

Amendment to Crown Minerals legislation
27 Sep 23

The Crown Minerals Amendment Act 2023 (Amendment Act) came into force on 31 August 2023, amending the Crown Minerals Act 1991 (CMA). Overview The CMA sets out how the Government allocates rights (permits) to explore and mine Crown-owned minerals for New Zealand's benefit. The Amendment ...

Auckland’s future development strategy
26 Sep 23

Auckland Council (Council) has recently prepared a draft Future Development Strategy (FDS) to set out the vision for the growth of Tāmaki Makaurau over. Due to the exponential growth of Tāmaki Makaurau coupled with the uncertainty created by recent events such as COVID, flooding and ...

New Zealand climate clause bank
26 Sep 23

Anderson Lloyd is proud to have assisted New Zealand Green Investment Finance by contributing to the development of a New Zealand climate clause bank.  This clause bank is a free resource to be utilised by organisations who wish to include climate-friendly clauses into their contracts. ...

Court rejects application to remove approved land covenants
26 Sep 23

Hürlimann v Lilley [2023] NZCA 173 This case considers whether the court has discretion to modify or extinguish land covenants if they had been reasonably consented to. The Appellant, Mr Hürlimann, agreed to purchase a lifestyle property in Mr and Mrs Lilleys' four lot subdivision. ...

Mt Iron sale
26 Sep 23

Anderson Lloyd has recently completed the sale of the iconic property that is "Mt Iron" and "Little Mt Iron" on behalf of a client, which sees the guardianship of this special property passed from Allenby Farms Limited (Allenby) to the local council. Allenby had originally ...

Tadd Management Limited v Weine
26 Sep 23

In Tadd Management Limited v Weine the High Court considered the liability of a vendor to a purchaser where a New Building Standard (NBS) rating used in marketing materials turned out to differ substantially from a later assessment. The property in question was a commercial ...

Unit Title updates
26 Sep 23

The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act (UTAA) came into force on 9 May 2023.  While the UTAA makes some general changes to body corporate management, the more material and practical changes relate to the disclosure regime.  Specifically, the UTAA ...

Highest legal protection secured for Te Waikoropupū Springs and Wharepapa Arthur Marble Aquifer
21 Sep 23

Anderson Lloyd's partner, Maree Baker Galloway and senior associate, Rosie Hill, acted as co-counsel in a Landmark Decision from the Environment Court, recommending the making of a water conservation order (WCO) for the ongoing protection and enhancement of the internationally and nationally significant, Te Waikoropupū ...

New Zealand Insurance Law Association conference 2023
19 Sep 23

Anderson Lloyd was pleased to sponsor the keynote speaker, Karen O'Leary, at this year's New Zealand Insurance Law Association (NZILA) event. Frazer Barton, Litigation Partner at Anderson Lloyd, thanked Karen for her keynote address – Difference is an asset. The premier insurance law conference took place earlier this ...

A move to expand the Privacy Act’s notification regime
18 Sep 23

The Government has introduced the Privacy Amendment Bill proposing changes to the current notification regime under the Privacy Act 2020. The proposed changes Transparency regarding the collection, use and disclosure of personal information is fundamental to protecting individuals' privacy rights and their dignity and autonomy. ...

Anti-slavery laws much needed in wake of Gloriavale case
18 Sep 23

Article written by John Farrow and published in the Otago Daily Times on 17 September 2023. The chief judge of the Employment Court’s recent declaration that Serenity Pilgrim and other woman in the Gloriavale community were employees is vaguely unsettling. It’s not that the decision ...

RMLA 2023 conference – Pivoting in Paradise
14 Sep 23

Anderson Lloyd was proud to attend and be one of the sponsors of this year's RMLA conference and awards event – Pivoting in Paradise Whakatipua. The conference was held over three days at the Millennium Hotel in Queenstown, ending with an awards dinner at Lake ...

This is how we want to work
8 Sep 23

Rachel Brown, a Senior Solicitor at Anderson Lloyd, was recently featured in an interview by Britomart for their publication Nine Blocks. In this interview Rachel and others share their perspectives on what young professionals are seeking in the workplace in 2023. Rachel is based out ...

Sealord secures carbon credit deal with native forestry project
8 Sep 23

Anderson Lloyd are pleased to have helped Sealord secure a long term deal with NZ Carbon Farming and Te Arawa Fisheries for the generation of carbon credits as part of Sealord's commitment to net zero carbon by 2050. With $10m invested into this 10-year programme, ...

Immigration alert – Median wage threshold to increase
8 Sep 23

Background The median wage is updated in immigration policy each February. This is based on the rate published by Statistics New Zealand the previous June. Several New Zealand work and residence visas are indexed to this median wage, including the Accredited Employer Work Visa (AEWV) and ...

2023 Energy Excellence Awards
5 Sep 23

Congratulations to the New Zealand Energy Excellence Awards for another successful event, celebrating success in the New Zealand Energy Sector. Over 600 industry leaders, decision-makers and experts came together for this black-tie gala event at Ōtautahi's Te Pae Christchurch Convention Centre, to recognise excellence and achievements of individuals ...

2023 Carbon Forestry Conference
5 Sep 23

Once again Anderson Lloyd proudly sponsored the 5th annual Carbon Forestry NZ Conference, held earlier this week in Rotorua. Dan Williams, Partner at Anderson Lloyd, chaired the opening conference session on International Markets and Domestic Developments. Over 300 industry professionals attended to hear from and workshop with ...

Building Networks 2023 Building Safety Conference & Expo
1 Sep 23

Anderson Lloyd Senior Associate Steve O'Dea and Associate Rebecca Laney were recently featured presenters at the Building Networks 2023 Building Safety Conference & Expo. Anderson Lloyd were gold sponsors of this Building Safety conference which took place in Auckland over 16/17 August. Over 100 passionate building and ...

2023 NZ Law Awards excellence awardees unveiled
31 Aug 23

Anderson Lloyd are pleased to be selected as excellence awardees in the 2023 New Zealand Law Awards. We were named as finalists across three categories – Employer of Choice (>100 Lawyers), Diversity & Inclusion Initiative of the Year, and Kerry O'Donnell was selected in the ...

Employee or Volunteer; Employee or Contractor – a binary question?
30 Aug 23

Article written by John Farrow and published on the Legalwise website on 25 August 2023. I find something vaguely unsettling about the Chief Judge’s declaration that Serenity Pilgrim and the other Plaintiffs were employees while working on the Teams when resident at Gloriavale. [1] I can’t ...

Liability of directors for company debts Supreme Court in Mainzeal orders directors pay $39.8 million plus interest
29 Aug 23

The Supreme Court's recent decision in Yan v Mainzeal Property and Construction Limited[1] is, as the Court describes, of fundamental importance to the business community, as it sets the bar for director liability. The guidance offered by the Supreme Court is, however, unlikely to provide ...

The Business Payment Practices Act 2023 (Act) will require “large entities” to disclose details of their payment practices
23 Aug 23

The Act received Royal assent on 26 July 2023 and will come into force on 25 May 2024. The purpose of the Act is to improve transparency in business to business payment practices of "large entities" and to enable the public to access information about ...

Progress of the Natural and Built Environment Acts – Reform Series
17 Aug 23

The Natural and Built Environment (NBE) Act and Spatial Planning (SP) Act to be given Royal Assent The NBE and SP Acts will be given Royal Assent and made law. Royal Assent Royal Assent is given by the Governor General of New Zealand on the ...

Immigration alert – AEWV visa duration and maximum stay updates
15 Aug 23

Background Currently, an Accredited Employer Work Visa (AEWV) can be granted for a maximum of 3 years. Provided the individual earns at least the median wage (currently $29.66), there is no limit on the amount of time an AEWV holder can spend in New Zealand. ...

Progress of the Natural and Built Environment Bills – Reform Series
15 Aug 23

The Natural and Built Environment (NBE) Bill and Spatial Planning (SP) Bill will be read for a third time this week. The NBE and SP Bills will have their Third Reading this week. The Bills completed the Committee of the whole House in the last ...

When poor behaviour outside work can get you fired
14 Aug 23

Article written by William Fussey and published on the ADLS website on 11 August 2023. Now more than ever, the boundaries between a person’s working life and personal life are blurred. The ubiquitous smartphone enables employees to be connected to their work 24 hours a ...

The Companies (Directors’ Duties) Amendment Bill has received Royal assent and has become law
10 Aug 23

Despite critisism from both opponents and supporters, the Companies (Directors' Duties) Amendment Bill (the Bill), introduced to the House in 2021, has received Royal assent and has become law. What are the changes to the Companies Act 1993? The Bill, which received Royal Assent on ...

Restricting competition with restrictive covenants: an update
9 Aug 23

The Commerce Act prohibits the use of restrictive land covenants which substantially lessen competition. Restrictive land covenants can lessen competition in a market by preventing entry into, or expansion in a particular market. Section 28 of the Commerce Act 1986 (the Act) prevents any person ...

5-Star Employers of Choice 2023
8 Aug 23

Anderson Lloyd is proud to take care of its people and we are delighted to once again be recognised on the NZ Lawyer 5-Star Employer of Choice list as one of the best law firms to work for in New Zealand. The Employer of Choice ...

Two Bills introduced to enhance existing employee entitlements
4 Aug 23

On Parliament's agenda are two new Private Member's Bills which, if enacted into law, will have implications for employees' parental leave and KiwiSaver entitlements. Parental Leave and Employment Protection (Shared Leave) Amendment Bill The Parental Leave and Employment Protection (Shared Leave) Amendment Bill was plucked ...

Fair Pay Agreement Dashboard
4 Aug 23

Fair Pay Agreements (FPA) are sector-wide agreements which set minimum entitlements for all employees within the FPA's scope. The Fair Pay Agreements Act 2022 came into force on 1 December 2022. The coverage of a Fair Pay Agreement can be based on a type of ...

Timeframe for raising sexual harassment grievance extended
4 Aug 23

New laws provide employees with an extended timeframe of 12 months to raise a personal grievance claim in cases of sexual harassment. The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill has now come into force. The new law introduces two ...

Employment Court overturns vaccination decision, comments on tikanga and heightened public sector obligations
4 Aug 23

The Employment Court's long-awaited decision of GF v Customs[1] has found that Customs unjustifiability dismissed an unvaccinated Port worker, reversing the Employment Relation's Authority 2021 finding. The case has also provided interesting insight into the incorporation of tikanga in the employment relationship, and what the ...

Authority releases two vaccination determinations
4 Aug 23

The Employment Relations Authority and Employment Court have recently released decisions regarding unvaccinated employees, providing valuable insight into an employer's legal obligations amidst the challenging landscape of the Covid-19 pandemic and vaccination requirements. Thoms v Royal New Zealand Foundation of the Blind Incorporated[1] Sue Thoms, ...

Navigating redeployment in a restructure process
4 Aug 23

As businesses continue to grapple with the current economic uncertainty, we are consistently being asked to advise on a range of restructures and their resulting employment terminations.  Amidst a threat of lower profits and rising costs, we are seeing many businesses responding by re-evaluating the ...

Unveiling Psychosocial Risks: Protecting Mental Well-being in the Workplace
4 Aug 23

In a ground breaking move, Australia has implemented new laws to address psychosocial risks in the workplace.  While the term "psychosocial risk" may evoke images of bullying and harassment, in reality it encompasses a broader spectrum of factors that can adversely affect employees' mental health. ...

Affordable Waters Reform update
2 Aug 23

In April the government announced significant changes to the water reforms previously known as "3 waters", which have been re-named the "affordable water reforms". The number of public water entities was increased from four to ten regional entities.  These entities will be owned by local ...

Progress of the Natural and Built Environment Bills – Reform Series
25 Jul 23

Parliament will consider the Natural and Built Environment (NBE) Bill and Spatial Planning (SP) Bill in the Committee of the whole House beginning today.  After being read a second time last week the NBE Bill and SP Bill have progressed to the Committee of the ...

National Policy Statement for Greenhouse Gas Emissions from Industrial Process Heat
21 Jul 23

The Government has published the new National Policy Statement for Greenhouse Gas Emissions from Industrial Process Heat 2023 (NPS) to come into force on 27 July 2023. The NPS provides the national objective and supporting policy framework to implement and guide decision-making under the Resource ...

Most influential lawyers 2023
19 Jul 23

Congratulations to Anderson Lloyd's own Kerry O'Donnell, one of only 26 members of the legal progression who have made the 2023 NZ Lawyer list of Most Influential Lawyers for demonstrating outstanding contributions to the industry and beyond. Kerry is a Partner in Anderson Lloyd's Property ...

Disaster Damage: Where to from here?
19 Jul 23

 New Zealand has experienced unprecedented weather disasters in 2023, resulting in widespread damage to numerous properties across the North Island. If your property has been damaged, where does that leave you?   More than 2000 properties were red or yellow stickered across the North Island ...

Are restrictive covenants or easements hampering your development?
19 Jul 23

Restrictive covenants are commonly applied in modern subdivisions to control what can be built in the development. But what happens when those covenants, or any easements registered to the title of your property, prevent you from developing your property as you wish? A restrictive covenant ...

Proposed changes to the NZ Emissions Trading Scheme and Permanent Forest Category
17 Jul 23

Following a recent review of the New Zealand Emissions Trading Scheme by the Climate Change Commission, the government is consulting on both its proposal to reform the ETS and re-design the permanent forestry category. In March 2023, the Climate Change Commission undertook a review of ...

The ‘Local Government Official Information and Meetings Amendment Bill’ proposes the introduction of new requirements for the inclusion of natural hazard information under LIMs
17 Jul 23

The Select Committee has recently released its report on its review of the Local Government Official Information and Meetings Amendment Bill (Bill). The Bill is set to improve the Local Government Official Information and Meetings Act 1987 (Act) through the introduction of: the requirement for ...

Financial Markets Authority announces the continuation and expansion of exemptions for small co-operatives, industrial and provident societies and irrigation companies
13 Jul 23

The Financial Markets Conduct (Small Co-operatives) Exemption Notice 2022 (Co-op Exemption Notice) allows for co-operative companies and industrial and provident societies to be exempt from certain requirements in the Financial Markets Conduct Act 2013 (Act) where: investors will pay no more than $10,000 in total ...

Immigration alert – Skilled Migrant Residence Update
11 Jul 23

New Skilled Migrant Category The Skilled Migrant Category (SMC) has been the main residence pathway in New Zealand for many years. In April 2020 Expressions of Interest (EOI) selections were suspended. The category reopened in November 2022 as an interim measure, while changes to this ...

National Policy Statement for Indigenous Biodiversity 2023
7 Jul 23

The Government has released the new National Policy Statement for Indigenous Biodiversity (NPS-IB) to protect and maintain indigenous biodiversity across Aotearoa New Zealand. The NPS-IB will come into force on 4 August 2023 and will direct local authorities to update their policies, plans and strategies ...

Tenant’s obligation to pay reinstatement costs
6 Jul 23

The Court of Appeal has recently found that a tenant was not liable for all reinstatement costs undertaken by, and claimed from, the landlord. In The Gama Foundation v Fletcher Steel Limited[1] the Court of Appeal considered whether a landlord has the right to demand ...

Immigration alert – How to approach an immigration breach
5 Jul 23

Background To qualify (and maintain) employer accreditation, key people within an organisation must not have employed anyone who is ineligible to work under the Immigration Act 2009. Also, these key people must not have provided false or misleading information to Immigration New Zealand (INZ), or ...

Fair Pay Agreements – what employers need to know
30 Jun 23

William Fussey, Associate at Anderson Lloyd, talked to HRD Magazine recently about Fair Pay Agreements (FPA) and what employers need to know. Fair Pay Agreements (FPA) have become a polarising issue as the road to this year’s general election unwinds. This week BusinessNZ released an ...

Natural and Built Environment Bill Reform Series: Release of Select Committee Reports and next steps
27 Jun 23

Next steps in the Natural and Built Environment Reform The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in last year. In the lead ...

Natural and Built Environment Bill Reform Series: Contamination
27 Jun 23

New rules for polluters and landowners The Natural and Built Environment Bill (NBE Bill) will create new obligations for landowners and regional councils. A contaminant must be present in concentrations exceeding an environmental limit or be an unacceptable risk to human health/environment to be classed ...

Natural and Built Environment Bill Reform Series: Natural Hazards
27 Jun 23

Challenges ahead with focus on reducing risks The Natural and Built Environment Bill (NBE Bill) has a positive focus on reduction of risks arising from natural hazards, with the definition of natural hazards extended creating implications for development. All decisions under the NBE Bill must ...

Natural and Built Environment Bill Reform Series: Aquaculture and Coastal Matters
27 Jun 23

Limited changes to coastal matters in the NBE Bill Coastal provisions in the Natural and Built Environments Bill (NBE Bill) have seen limited change from those in the Resource Management Act 1991 (RMA). However, overarching changes to the existing regime might see previously underutilised tools ...

Natural and Built Environment Bill Reform Series: Transitional provisions
26 Jun 23

Transitioning from the RMA to the NBE The transition from the Resource Management Act 1991 (RMA) to the Natural and Built Environment Bill (NBE Bill) will be complex and is set to take approximately ten years. Despite this, there are less transitional provisions in the ...

Natural and Built Environment Bill Reform Series: Compliance and Enforcement
26 Jun 23

New range of compliance and enforcement tools The Natural and Built Environments Bill (NBE Bill) proposes various changes to compliance and enforcement powers, introducing new tools for responding to non-compliance, and also increasing the scope for a regulatory authority to take enforcement or abatement action. ...

Natural and Built Environment Bill Reform Series: Heritage
26 Jun 23

Enhanced cultural heritage protections The Natural and Built Environment Bill (NBE Bill) creates stronger protections for cultural heritage, previously known as historic heritage in the Resource Management Act 1991. Heritage orders have changed, in the NBE Bill orders are strengthened to a more protective instrument, ...

Natural and Built Environment Bill Reform Series: Landscapes
26 Jun 23

Removal of amenity values in landscape assessments The Natural and Built Environment Bill (NBE Bill) introduces new system outcomes that will require the National Planning Framework and all plans to provide for the protection, or if degraded, restoration of Outstanding Natural Landscapes and Outstanding Natural ...

Natural and Built Environment Bill Reform Series: Water
26 Jun 23

Changes to water under the NBE The Natural and Built Environment Bill (NBE Bill) sets out to achieve objectives relating to the sustainability, equity and efficiency of use of water. This is proposed to be achieved by the setting of environmental limits and targets and ...

Natural and Built Environment Bill Reform Series: Biodiversity
26 Jun 23

Codification may inhibit the achievement of better biological outcomes The Natural and Built Environment Bill (NBE Bill) will codify the 'effects management framework', which has previously appeared in policy statements and plans, and the offsetting principles established through case law. The codification will also go ...

Natural and Built Environment Bill Reform Series: Resource Consent Participation
26 Jun 23

When a third party can be involved in a resource consent process A range of new and revised provisions are proposed in the Natural and Built Environment Bill (NBE Bill) to change the notification rules for applications and the ability of third parties to become ...

Natural and Built Environment Bill Reform Series: Spatial Strategies and Plans
26 Jun 23

The introduction of long-term spatial strategies and plans The Spatial Planning Bill (SP Bill) requires development of Regional Spatial Strategies (RSS). Each RSS is to set strategic direction for use, development, protection, restoration, and enhancement of the environment for each region, for a period of ...

Natural and Built Environment Bill Reform Series: National and Built Environment Plans
26 Jun 23

Planning through new Natural and Built Environment Plans Part 4 of the Natural and Built Environment Bill (NBE Bill) addresses the Natural and Built Environment Plans (NBE Plan or Plan) and requires there to be at all times a Plan for each region (except for ...

Natural and Built Environment Bill Reform Series
26 Jun 23

From the RMA to a new broader system The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in last year. The Bills are currently ...

Natural and Built Environment Bill Reform Series: National Planning Framework
26 Jun 23

Ambitious new regulations to provide efficiency and cohesion The Natural and Built Environment Bill (NBE Bill) introduces a new 'National Planning Framework' concept (NPF), which will have the status of regulations. It will effectively be a combination of the National Policy Statement/National Environmental Standard framework ...

Natural and Built Environment Bill Reform Series: Environmental limits, targets and management units
26 Jun 23

Drastic consenting implications for breach of new environmental bottom-lines The Natural and Built Environment Bill (NBE Bill) introduces an environmental limit and target system, which effectively establishes a bottom-line regime to protect our environment. The new regime provides strong powers to decline, monitor, review, and ...

Natural and Built Environment Bill Reform Series: Introduction
26 Jun 23

A new, broader and future-focused, system The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in last year. The Bills are currently ...

Strong Terms and Conditions of Trade essential in recessionary times
23 Jun 23

It is prudent business practice to have strong terms and conditions of trade in place With the slowing economic conditions and likely recession, the importance of terms of trade increases. Terms of trade form the basis of a written contract between the supplier and the ...

Estate Planning: Protecting Your Digital Assets
23 Jun 23

Many aspects of day-to-day life that once required the physical exchange of documents or money have now been replaced by online accounts, digital storage devices, e-readers, and social media accounts. Accordingly, it is becoming more important to identify whether you have digital assets and to ...

The Charities Amendment Bill – what it means for registered charities in New Zealand
23 Jun 23

The Charities Amendment Bill, which passed in the Committee of the Whole House on 20 June 2023 will, if enacted, introduce new governance and reporting requirements for registered charities. This article sets out some of the key provisions in the Bill and the potential implications ...

Period for raising sexual harassment grievances extended
20 Jun 23

Article written by John Farrow and published in the Otago Daily Times on 20 June 2023. The Employment Relations Authority has exclusive jurisdiction to deal with employees' personal grievances. If an employee who has been dismissed wishes to challenge that dismissal, the challenge can only ...

Code of Conduct for State School Board Members
19 Jun 23

Fi McMillan, Special Counsel, and Kelly  Thompson, Solicitor, share their insights on the recently released code of conduct for school boards in a column published on the Legalwise website. One of the legislative changes provided under the Education and Training Act 2020, was that the ...

New laws extend timeframe for sexual harassment personal grievances
14 Jun 23

New laws provide employees with an extended timeframe of 12 months to raise a personal grievance claim in cases of sexual harassment. The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill has now come into force. The Amendment Bill introduces two ...

Introduction of requirements for Freshwater Farm Plans
14 Jun 23

New requirements for farm operators to protect freshwater bodies On 6 June 2023 the Governor General promulgated the Resource Management (Applications of Part 9A – Freshwater Farm Plans) Order 2023 and Resource Management (Freshwater Farm Plans) Regulations 2023 as part of the Government's 'Essential Freshwater ...

Immigration Alert – Partner work rights
13 Jun 23

Updates On 31 May 2023 the visa conditions for partners of Essential Skills and Accredited Employer Work Visa holders changed. Most partners now need to work for an accredited employer and earn at least the median wage (currently $29.66). This is unless an uncapped sector ...

Forest Fires and Liability
13 Jun 23

A recent decision by the Court of Appeal serves as a useful summary of how liability is determined for forest and rural fires. Leisure Investments NZ Limited Partnership v Cecile Grace & Ors was an unsuccessful appeal by Leisure Investments NZ Limited Partnership (Leisure LP) ...

Anderson Lloyd authors of the 2023 Chambers Global Practice Guide – New Zealand Construction Law chapter
12 Jun 23

Our Construction Team members are proud to be the authors of the 2023 Chambers Global Practice Guide – New Zealand Construction Law chapter. Chambers and Partners provide definitive global law guides offering comparative analysis from top-ranked lawyers. Read our latest chapter for expert insights into ...

Meet the lawyers spearheading NZ’s latest projects
8 Jun 23

Anderson Lloyd’s new partners discuss the trends, challenges and opportunities for New Zealand’s projects and infrastructure. Projects and infrastructure is a “creative, big picture thinking” area of law, and it attracts lawyers who love thinking outside of the box. It is also facing some major ...

QLDC ‘ups the ante’ in district plan intensification variation
6 Jun 23

Queenstown Lakes District Council (QLDC) Councillors have approved for notification the Urban Intensification Variation to the Queenstown Lakes Proposed District Plan (PDP). The Variation seeks to increase the District's commercial and residential development capacity through a combination of 'out' and up' intensification. It includes significant ...

Post-accreditation compliance
31 May 23

When your business applied for accreditation it made several commitments to Immigration New Zealand (INZ). Compliance with these commitments is essential to accreditation being maintained and renewed. Please ensure that you complete and track all of the below. Settlement support activities The below is to ...

Retention funds: New obligations and offences with teeth
30 May 23

The new rules for retentions in construction contracts will provide better protection for contractors and subcontractors, and harsher penalties for non-compliant entities. The reason for the new rules It is a well-known issue that retention monies are commonly intermingled with other funds and are sometimes ...

Battle over Basin rules comes to an end
29 May 23

The Environment Court has issued its final decision on rules governing land use and subdivision in the Wakatipu Basin. The decision marks the (near) end of almost 8 years of litigation on the destiny of how the rules affect residents and landowners, while leaving some ...

The government’s latest private member’s bill could see wage theft by employers become a criminal offence
26 May 23

The House of Representatives will soon meet for its first debate on the Crimes (Theft by Employer) Amendment Bill. If passed into law, the Crimes Act 1961 will be amended to criminalise employers who withhold their employee's monetary entitlements. The Bill was introduced as a private ...

The power of partnerships
25 May 23

Article published in Issue 953 of NZLS Lawtalk Christchurch-based Anderson Lloyd Chief Executive Officer Richard Greenaway shares how partnerships have lightened the firm’s footprint while contributing to local and broader Environmental, Social and Corporate Governance outcomes.  Great strides to effect positive change for our people and ...

Yevrah Ornstein Foundation
23 May 23

An American born Queenstown local of over 20 years, Yevrah Ornstein sadly passed in June 2021, but has made considerable donations to a number of charities as well as leaving a lasting legacy. From New York to California, Yevrah spent many years immersing himself in ...

Climate Change Commission opens consultation on its draft advice to the Government on the second emissions reduction plan
18 May 23

The Climate Change Commission is seeking consultation on its draft advice to the Government on the strategic direction of New Zealand's second emissions reduction plan. Under the Climate Change Response Act 2002, the Climate Change Commission (Commission) is required to provide policy advice to the ...

Is an employee’s behaviour outside the workplace any of the employer’s business?
15 May 23

Kelly Thompson shares her insight about an employee’s behaviour outside the workplace in an article published in Legalwise on Wednesday 12 April 2023. Yes, an employee’s conduct outside the workplace can give rise to disciplinary action in some circumstances, but not all. There must be ...

Immigration alert – Fixed term employment agreements for working holiday makers
15 May 23

Background The Immigration Act 2009 (IA) does not allow a Working Holiday Maker (WHM) to take up permanent employment. However, the Employment Relations Act 2000 (ERA) requires a genuine reason based on reasonable grounds for a fixed-term employment contract. This creates confusion for employers who ...

‘Working homeless’ : CEOs turn landlord to solve housing crisis
12 May 23

HRD Magazine spoke to Anderson Lloyd associate Rebecca Laney for this article. Queenstown employers are turning landlord as they rent and buy houses for staff to live in. In the face of an acute housing crisis, business leaders in Queenstown are taking the drastic step ...

‘No refund’ cancellation clauses highlighted as potential Unfair Contract Terms under the Fair Trading Act 1986
4 May 23

The Commerce Commission has filed civil proceedings against Bachcare alleging that its holiday accommodation booking terms regarding cancellation, unavailability and refunds are unfair. The Fair Trading Act 1986 (FTA) forbids the use of unfair contract terms in standard form small trade and consumer contracts. To ...

Congratulations to Anderson Lloyd Partner Frazer Barton, who has been re-elected as New Zealand Law Society Te Kāhui Ture o Aotearoa President for another 12 month term.
2 May 23

Frazer is a partner at Anderson Lloyd and is based in Dunedin. He served as the Vice President (South Island) on the Law Society Board until November 2022, and chaired the People and Capabilities Committee. Frazer has extensive governance experience outside the Law Society as ...

Today FM saga raises numerous employment issues
28 Apr 23

The recent abrupt closure of Today FM attracted a lot of media attention, with the shutdown playing out on air. The scandal raises questions about what employment obligations are owing when a business winds up – by both employer and employee. It seemed like a ...

Onus on employers in work visa system compliance
27 Apr 23

Column written by Tash Rae and published in the Otago Daily Times on 27 April 2023 In July 2022, Immigration New Zealand (INZ) overhauled its work visa system and created a new Accredited Employer Work Visa (AEWV). This category replaced several visas and turned what ...

Renewable Electricity Generation Reforms Consultation
26 Apr 23

Improved efficiency, consistency and consenting pathways. On 20 April 2023 Environment Minister Hon David Parker and Energy and Resources Minister Hon Dr Megan Woods opened consultation on new policies and rules on renewable energy generation (REG) and electricity transmission (ET). The changes are part of ...

Co-operative Companies
22 Apr 23

Cooperative Companies play a very important role in New Zealand's primary sector contributing a significant amount to New Zealand's GDP. There are a number of well-known cooperative companies in the primary sector include Silver Fern Farms, Fonterra, Alliance Group, Ravensdown, Farmlands and FMG. In addition ...

Summary of alternative emissions pricing system for farmers
22 Apr 23

Both the Minister of Climate Change and Minister of Agriculture have released a report to meet requirements under the Climate Change Response Act 2002 (CCRA). The report outlines an alternative system to price agricultural emissions compared to the New Zealand Emissions Trading Scheme (NZ ETS). ...

Immigration alert – compliance checks
19 Apr 23

Background To support an Accredited Employer Work Visa (AEWV) New Zealand employers must hold mandatory accreditation with Immigration New Zealand (INZ). This is granted to employers who: Are genuinely operating; Will commit to completing settlement support activities for migrants; and Have a history of compliance ...

RM reform update
17 Apr 23

The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in November 2022. The bills are currently before Parliament and are being considered ...

Tips for passing the Job Check
17 Apr 23

If your business employs migrant workers, or would like to do so, it is important to understand how the requirements for employers have changed. The Accredited Employer Work Visa (AEWV) framework has replaced most work visa categories in New Zealand. Unlike previous frameworks, the AEWV ...

We are delighted to announce the appointment of two new partners
13 Apr 23

Lauren Whitehead and Alex Booker This announcement brings the total number of partners at Anderson Lloyd to 29. Lauren brings a wealth of experience to our firm, having previously served as Acting General Counsel and Senior Corporate Counsel at KiwiRail, as well as practicing law ...

Deducting wages for unworked notice periods
12 Apr 23

If an employee does not work their notice period, an employer cannot utilise a deduction clause without consultation and written consent. Even if an employment agreement contains an appropriate and reasonable deduction clause for unworked notice periods, section 5 of the Wages Protection Act 1983 ...

Redundancies: Factors affecting costs for employers
12 Apr 23

As the economic landscape becomes more uncertain, there are various factors employers need to consider when making workers redundant.  In order to safeguard against a personal grievance, employers need to ensure their process is substantively fair. However, there are also various economic factors employers should ...

When can an employer pry into an employee’s private life?
12 Apr 23

An employee's conduct outside the workplace can give rise to disciplinary action in some circumstances, but not all.  There must be a link between the misconduct and the work environment. The tricky part in these types of cases is often establishing whether that link exists.  ...

Raising personal grievances out of time
12 Apr 23

A worker generally has a "90 day period" to bring a claim against their employer but there are exceptions to this rule. When would the court be likely to grant an exemption to the 90 day rule?  Section 114 Employment Relations Act 2000 (Act) says ...

Therapeutic Products Bill
2 Apr 23

Therapeutic Products Bill was introduced to Parliament on 30 November, and will, if passed provide greater regulation of natural health products and medicines made from biological components. This article sets out the key provisions in the Bill relating to natural health products and potential implications ...

Supreme Court decision acts as warning to trustees to act impartially and reasonably towards beneficiaries
2 Apr 23

In its cost decision in Lambie Trustee Limited v Addleman[1] the Supreme Court has reiterated that trustees must act impartially and reasonably, particularly in respect of disclosure of trust information to a beneficiary. Summary The Supreme Court case of Lambie Trustee Limited v Addleman[2] and ...

ETS Update: Proposed changes to industrial allocation amounts and penalties for small forestry participants
2 Apr 23

Proposed changes to the Emissions Trading Scheme tighten the scheme for some participants, while providing additional leniency to others. The Climate Change Response (Late Payment Penalties and Industrial Allocation) Amendment Bill (Bill) has passed its first reading in Parliament, and the Environment Committee is now ...

Government to review New Zealand Emissions Trading Scheme (ETS)
28 Mar 23

The review will seek to consider how the ETS can shift the balance of emissions reductions incentivised by the ETS from predominantly net emissions reductions, to gross emissions reductions. Background Gross emissions reductions are the actual decrease in emissions occurring. In contrast, net emissions reductions ...

Tikanga and the High Court: Bamber v Official Assignee
27 Mar 23

[2023] NZHC 260 [23 February 2023] Following the Supreme Court's decision in Ellis[1] questions have been raised regarding the extent to which tikanga should be applied by the Courts. Recently the High Court considered this issue in an insolvency context. Bamber v the Offical Assignee ...

Immigration alert – New Zealand’s UK Working Holiday Visa program expanded
17 Mar 23

Background Currently, UK citizens between the ages of 18 and 30 can apply for a New Zealand working holiday visa for up to 23 months. This allows work for any employer in New Zealand, but for no more than 12 months (total). It does not ...

Forests damaged by Cyclone Gabrielle? This is what you can do
16 Mar 23

The Ministry of Primary Industries (MPI) has released an alert following the devastating effects of Cyclone Gabrielle and other severe weather events that have caused immense damage across the country, especially to forestry land in the Hawkes Bay and Tairāwhiti regions. This is a brief ...

Tips for passing the Job Check
14 Mar 23

If your business employs migrant workers, or would like to do so, it is important to understand how the requirements for employers have changed. The Accredited Employer Work Visa (AEWV) framework has replaced most work visa categories in New Zealand. Unlike previous frameworks, the AEWV ...

Immigration alert – Partner work rights to stay (with conditions)
6 Mar 23

Background In 2022 it was announced that work rights for many partners of temporary visa holders would be removed, with limited exceptions. This change was initially slated for December 2022 but was pushed out until April 2023. Update The government has changed its position on ...

Rising Stars news
28 Feb 23

We are delighted to once again have Anderson Lloyd's rising stars recognised by NZ Lawyer. Rosie Hill and Megan Pearce have both been recognised as Rising Stars within the legal profession in the NZ Lawyer Rising Stars 2023 Report. The report recognises the outstanding contributions ...

Immigration alert – Immigration relief for extreme weather rebuild
24 Feb 23

Background Extreme weather events such as Cyclone Gabrielle have created significant destruction for several North Island communities. This has resulted in a substantial demand for occupations like engineers, insurance assessors and construction workers to help with the recovery. Immigration New Zealand (INZ) has acknowledged that ...

Upward trend in the supply of accommodation for workers
23 Feb 23

The pandemic has prompted its share of workplace challenges, motivating employers to come up with new ways to attract and retain talent; hybrid working, sign-on bonuses, and fully virtual roles. We are now seeing an upward trend in the supply of accommodation for workers both ...

Minimum wage raise will force business costs on to consumer
20 Feb 23

This article was published in the Otago Daily Times on 20 February 2023 Chris Hipkins, as new leader of the Labour Party, has seized the opportunity to freeze a number of significant initiatives, including the proposed income insurance scheme. At the same time, he announced ...

New Zealand Green Investment Finance has launched the New Zealand Climate Clause Bank, a free resource that can help businesses make small climate-friendly changes that, across the economy, can have a big impact on emissions reductions.
20 Feb 23

The New Zealand Climate Clause Bank builds on the work of The Chancery Lane Project (TCLP), a global collective of lawyers based in the UK using contracts to help deliver climate solutions. Many of the clauses in the New Zealand Climate Clause Bank have been ...

Is immigration New Zealand’s key to winning the talent war
17 Feb 23

In February 2023 our Immigration expert and Senior Associate Tash Rae spoke to NZLawyer about the difficulties in attracting skilled workers to New Zealand. Her interview discusses the biggest challenges employers are facing, and highlights what needs to change. Immigration has been chaotic over the past ...

Best practices for redundancies
13 Feb 23

It started in the tech industry last year when globally an estimated 120,000 layoffs were made by some of the world’s largest tech companies. Meta, Amazon, and Netflix all cut thousands of roles and Google continued the trend in the first month of 2023 announcing ...

It is great to see so many of our staff develop and progress within the firm and we are proud of their achievements and of their contribution to Anderson Lloyd.
8 Feb 23

When our people thrive, our clients thrive too.  Well done to all. We are pleased to share the following 20 promotions we have had across our offices. The promotions include three promotions to Special Counsel, Salam Bassili (Corporate Commercial), Fi McMillan (Employment), Malcolm Couling (Employment), ...

Water Services Entities Act 2022
31 Jan 23

The Water Services Entities Act 2022 (Act) is the first instalment of a suite of oncoming three waters legislation. The Act was recently passed in the house with some controversy. The purpose of this article is to simply summarise what the Act does and its ...

Immigration implications of a DUI conviction
19 Jan 23

I often get asked to assist migrants who have been convicted of driving under the influence of alcohol (DUI). This article explains the possible immigration consequences of a DUI conviction. The character rules Applicants must meet good character requirements to be approved a New Zealand ...

Immigration alert: 12-month automatic accreditation extensions
23 Dec 22

Background To support an Accredited Employer Work Visa (AEWV) New Zealand employers must hold mandatory accreditation with Immigration New Zealand. This is granted to employers who: Are genuinely operating; Will commit to completing settlement support activities for migrants; and Have a history of compliance with ...

The Employment Relations Authority has granted an interim order to fix the pay equity rates for nurses
23 Dec 22

The Authority has granted an Interim Order to fix pay equity rates for nurses – an Order that was mutually consented to by Te Whatu Ora (Health New Zealand) and the New Zealand Nurses Organisation Inc (NZNO). The Authority cited their powers under section 160 ...

Water bottling decision has broader implications for water permits
16 Dec 22

The Aotearoa Water Action cases challenged ECan's decision to approve a change in the consented use of water to enable water bottling, but the decision has had wide ranging implications the way Environment Canterbury processes water permits, and has resulted in a number of activities ...

The Trusts Act 2019 – what have we learnt so far?
16 Dec 22

It is now almost 2 years since the Trusts Act 2019 came into force. During this time, we have assisted many of our clients with reviewing and updating their trust affairs. As covered in previous editions of this newsletter, the Trusts Act 2019 (Act) introduced ...

RMA Reform
16 Dec 22

RMA Reform - The long-awaited Natural and Built Environment Bill (NBE Bill) and Spatial Planning Bill (SP Bill) have been introduced to Parliament. The two Bills are the first of three that make up the reform of the current resource management system, with the third ...

National Policy Statement – Highly Productive Land
16 Dec 22

Government's recently released National Policy Statement – Highly Productive Land has significant consequences for development and use of 'highly productive land' based upon regional-scale mapping as an interim regime. The National Policy Statement - Highly Productive Land (NPS-HPL) came into effect on 17 October 2022, ...

Limited partnerships
16 Dec 22

Over the last 10 years or so limited partnerships have proved a popular vehicle for agricultural and horticultural projects. This article explains what a limited partnership is in simple terms, how they are established and when they are most commonly used. What is a limited ...

Incorporated Societies Act 2022 – implications for rural community and infrastructure organisations
16 Dec 22

The new Incorporated Societies Act 2022 (new Act) was passed into law on 5 April 2022 and significantly changes the way incorporated societies are regulated in New Zealand. The new Act replaces the Incorporated Societies Act 1908 (1908 Act), modernising its legal, governance and enforcement ...

Young persons in the workplace
15 Dec 22

Are you considering employing young workers in your workplace? A recent health and safety prosecution reminded us that New Zealand has several laws and restrictions regarding how and when young workers can work. Health and safety restrictions WorkSafe NZ v Ironhide Roofing Limited A recent ...

The impact of mental health on a visa application – will someone who takes anti-anxiety/depression medication, or has counselling or EAP be able to get a New Zealand visa?
15 Dec 22

I frequently get asked whether mental health conditions will prevent a person from getting a New Zealand visa. This article explains the Immigration New Zealand (INZ) rules around this. The health rules Applicants must have an acceptable standard of health (ASH) to be approved a ...

Redeployment – a key piece of the redundancy puzzle
15 Dec 22

As New Zealand continues to grapple with post-COVID economic uncertainty, we are seeing a steady flow of business restructures and resulting employee redundancies. A key, but often overlooked, aspect of a lawful redundancy process is the consideration of redeployment – whether there are any other ...

“Stamping Out” Migrant Worker Exploitation: The Worker Protection (Migrant and Other Employees) Bill
15 Dec 22

On 29 September 2022, the government introduced the Worker Protection (Migrant and Other Employees Bill) into Parliament. The bill aims to improve the efforts in preventing migrant worker exploitation by strengthening current measures and introducing new ones. Priyanca Radhakrishnan, Associate Minister for Workplace Relations and ...

Hours of work and availability provisions continue to cause tensions
15 Dec 22

How do you dictate your employee's hours of work and do they require compensation for remaining available for overtime? Hours of work clauses come in all shapes and sizes, because the labour needs of employers varies so significantly.  When it comes to working hours, some ...

Holidays and annual close downs – in a year of uncertainty
15 Dec 22

With the countdown to Christmas holidays well and truly underway and with so many employers wondering whether they will have sufficient staff available to work over the summer period it is timely to provide employers with certainty around their legal obligations to ensure their existing ...

The Fair Pay Agreement Act – the highlights
15 Dec 22

How will it work? An eligible Union can initiate bargaining if the proposed coverage area is clearly defined and it meets the Representation Test or the Public Interest test. Coverage There are two options: the industry or type of industry (for example, an FPA that ...

“Cooling off” periods are warming up
15 Dec 22

A recent decision from the Employment Court decision presents a new approach to "cooling off periods."  Traditionally, and in order to minimise the risk of a personal grievance of unjustified dismissal, the prudent employer would allow an employee who had resigned "in the heat of ...

Children’s Act 2014 – Safety Check obligations
15 Dec 22

Sometimes organisations need to onboard someone quickly to fill an unexpected gap.  In the rush, it is important to remember the Children's Act 2014 requires government funded organisations to safety check all children's workers before they are employed or engaged.  These checks have to be ...

Improving market governance of the New Zealand Emissions Trading Scheme
9 Dec 22

The Government has recently released a public discussion document relating to the governance framework of the Emission Trading Scheme. The Government has identified that the New Zealand Emissions Trading Scheme (NZ ETS) lacks a market governance framework that efficiently deals with several risks within the ...

The effect of contractor insolvency on subcontractor warranties
8 Dec 22

Although subcontractor warranties provide principals with direct recourse to a subcontractor, some warranties can be undermined by acts or omissions of an insolvent contractor. How can subcontractor warranties be affected by contractor insolvency? If a head contractor becomes insolvent, direct subcontractor warranties are intended to ...

Immigration alert: Removing work rights for most partners
7 Dec 22

Background Currently, most partners of work visa holders can secure open working visas. This is provided the principal applicant has a work visa for more than six months and is paid at least the median wage. Update From April 2023 Immigration New Zealand (INZ) will ...

Australia’s progressive privacy law reforms may just be the incentive we have been waiting for…
5 Dec 22

In the wake of a series of significant privacy breaches, Australia has wasted no time in legislating tougher penalties for large companies. Australia's high-profile Optus and Medibank data breaches in recent months, amongst others, have revealed cracks in Australia's privacy laws. The new Government's response ...

Immigration law: The impact of mental health on a visa application
30 Nov 22

Will someone who takes anti-anxiety/depression medication, or has counselling or EAP be able to get a New Zealand visa? After frequently being asked whether mental health conditions will prevent a person from getting a New Zealand visa, our  immigration lawyer Tash Rae  has put together ...

Immigration alert: Median wage threshold to increase
30 Nov 22

Background The median wage was updated by Statistics New Zealand in June 2022 to $29.66 hourly. Several New Zealand work and residence visas are indexed to this median wage, including: Accredited Employer Work Visa (AEWV) Green List (Tier 1) Straight to Residence Visa Skilled Migrant ...

RM reform legislation introduced to Parliament
25 Nov 22

The long-awaited Natural and Built Environment Bill (NBE Bill) and Spatial Planning Bill (SP Bill) have been introduced to Parliament. The two Bills are the first of three that make up the reform of the current resource management system, with the third being the anticipated ...

New Zealand Emissions Trading Scheme (NZ ETS) – Further update on Climate Change (Forestry) Regulations 2022
17 Nov 22

With several important changes to the NZ ETS due to come into effect on 1 January 2023, the Government has sought to provide further clarification as to how these changes might operate in practice. As previously highlighted by Anderson Lloyd in our article Carbon Forests, ...

RM reform legislation introduced to Parliament
16 Nov 22

The long-awaited Natural and Built Environment Bill (NBE Bill) and Spatial Planning Bill (SP Bill) have been introduced to Parliament. The two Bills are the first of three that make up the reform of the current resource management system, with the third being the anticipated ...

Letters of intent: the risks of contracting without a contract
7 Nov 22

Letters of intent (LOIs) are commonly used to get construction projects underway while the formal contracts are being negotiated. However, starting works without an actual contract can lead to complications. The perils of kicking the can down the road LOIs let works get underway at ...

Ruling on Uber drivers likely to have broader impact
4 Nov 22

Column written by John Farrow and published in the Otago Daily Times on 4 November 2022. The chief judge of the Employment Court has recently delivered a landmark decision finding that four Uber drivers were employees of Uber. While the finding is only in respect ...

Government Agricultural Emissions Proposal
20 Oct 22

The Government has released their agricultural emissions proposal document for consultation to the public. The Government has for the most part accepted the proposal put forward by He Waka Eke Noa (Partnership) except on a few key points. This has seemingly struck a midway ground ...

Congratulations to Anderson Lloyd partner Frazer Barton, who has been elected as the 33rd President of the New Zealand Law Society Te Kāhui Ture o Aotearoa.
14 Oct 22

Frazer has served as the Vice President (South Island) on the Law Society Board since April 2020. Frazer has extensive governance experience outside the Law Society as well, serving on the boards and councils of the University of Otago, Columba College and for six years ...

Payment schedules: why they need to be Spotless
10 Oct 22

Technical requirements for payment schedules can be a trap for the unwary, and errors by the paying party can cause it to have no choice but to pay even if it has a genuine reason to dispute the amount.  Paperwork with serious consequences Under the ...

“Stamping Out” Migrant Worker Exploitation: The Worker Protection (Migrant and Other Employees) Bill
10 Oct 22

On 29 September 2022, the government introduced the Worker Protection (Migrant and Other Employees Bill) into Parliament. The bill aims to improve the efforts in preventing migrant worker exploitation by strengthening current measures and introducing new ones. Priyanca Radhakrishnan, Associate Minister for Workplace Relations and ...

Queen Elizabeth II Memorial Day Bill rushed through Parliament
22 Sep 22

New Zealand will acknowledge the long and dedicated service of Her Majesty Queen Elizabeth II with a one-off day of commemoration on Monday 26 September 2022. The day is to be known as Queen Elizabeth II Memorial Day. Legislation has been rushed through Parliament this ...

National Policy Statement for Highly Productive Land
20 Sep 22

The Government has released the National Policy Statement for Highly Productive Land (NPS-HPL) to protect highly productive land from inappropriate subdivision, use and development and to ensure its availability for food and fibre production, to take effect from 17 October 2022. The NPS-HPL responds to ...

The end of the COVID-19 Protection Framework and Government vaccination mandates
14 Sep 22

The Government has announced that as of Tuesday 13 September, the COVID-19 Protection Framework will be gone. Two weeks later, all Government vaccination mandates will also be removed. The COVID-19 Protection Framework (more commonly known as the traffic light system) has been removed. The Government ...

Should the 90-day deadline for raising personal grievances be extended for sexual harassment victims?
13 Sep 22

A bill before Parliament seeks to extend the timeframe for raising personal grievances from 90 days to 12 months. Submissions to the Select Committee on the bill outline why the current timeframe is failing sexual harassment victims. An employee currently has 90 days to raise ...

Can a record of settlement be set aside on the basis of mental incapacity?
12 Sep 22

Supreme Court confirms the position Employment problems are commonly resolved by way of a special settlement agreement prepared pursuant to section 149 of the Employment Relations Act 2000 (Act). These "records of settlement" require sign off from an agent of the Ministry of Business, Innovation ...

Employment law updates on the horizon
12 Sep 22

With a number of legislative changes on the horizon, we expect another busy year for employment law.  We set out below the expected legislative updates. Fair Pay Agreements Bill The Government has introduced a comprehensive Fair Pay Agreements Bill (the FPA Bill) into Parliament. The ...

How protected are your Employees’ disclosures?
12 Sep 22

Recent legislative updates facilitate and afford individuals specific protections around whistleblowing of serious wrongdoing in or by an organisation. On 1 July 2022, the Protected Disclosures Act 2000 (the 2000 Act') was replaced by the Protected Disclosures (Protection of Whistleblowers) Act 2022 (the 2022 Act).  ...

Smiths City awarded over $800,000 after employees found to have acted in competition while employed
12 Sep 22

The Employment Court has found two senior Smiths City employees breached their employment agreements and duties of fidelity for engaging in business activities that directly competed with Smiths City while employed.[1] Mr Claxton Mr Claxton was employed by Smiths City as Flooring Manager.  While employed, ...

The risks of attaching too many documents to a construction contract
7 Sep 22

Large construction contracts are a common source of complaint from principals and contractors alike, and with good reason: unintended risk allocations may lurk in that pile of paper. The kitchen sink approach: throwing everything in When preparing contracts, we often see parties who believe it ...

Back in the Employment Court: Employer Obligations during the COVID-19 Alert Level 4 Lockdown
5 Sep 22

The Employment Court has issued another ruling regarding employer obligations during the 2020 Alert Level 4 lockdown.[1] The Court held that Carter Holt Harvey Ltd acted in breach of the Holidays Act 2003 when it required employees to use annual leave without first attempting to ...

Environment Court upholds pasture exclusions in classification of natural wetlands
23 Aug 22

A recent decision of the Environment Court provides guidance on the classification of natural wetlands and the assessment of pasture exclusions. This decision will interest landowners, particularly farmers, considering whether their land is subject to wetland controls.   In the case of Greater Wellington Regional ...

In brief: Legislation updates
23 Aug 22

Crown Pastoral Land Reform Act 2022 The bill to amend the Crown Pastoral Land Act 1998 and the Land Act 1948 has passed its third reading and received royal assent. The reform ends the practice of tenure review and introduces a new regulatory system which ...

Reform of New Zealand’s Succession Law – what has the Law Commission recommended and why should you be interested?
23 Aug 22

In a recent report to Parliament, the Law Commission concluded that the law which addresses who inherits a person's property when they die is "old, out of date and inaccessible". In 2019, the Law Commission was instructed to begin a comprehensive review of New Zealand ...

New Zealand Units – The Basics
23 Aug 22

The New Zealand Emissions Trading Scheme is the key system used by the New Zealand Government to respond to climate change, while New Zealand Units are the primary currency of that system. What are NZUs? New Zealand Units (also known as NZUs or sometimes "carbon ...

An Introduction to Bioenergy and its Interface with Forestry
23 Aug 22

The Climate Change Response (Zero Carbon) Amendment Act 2019 introduced a net zero greenhouse gas emissions reduction target by 2050. Achieving this will require significant changes to fuel use in New Zealand as fossil fuel is a major contributor to the nation's emissions. Bioenergy is ...

Environmental Policy Update
23 Aug 22

A suite of proposed or amended national planning documents are under development. This article provides an update on the proposed: National Policy Statement for Indigenous Biodiversity (NPS-IB) Amendments to the National Policy Statement for Freshwater Management 2020 (NPS-FM) and the National Environmental Standards for Freshwater ...

Climate Change Commission releases advice on Emissions Trading Scheme unit limits and price control settings for 2023 – 2027
17 Aug 22

The Climate Change Commission has recommended changes to the way volume limits and prices are set in order to accelerate New Zealand's decarbonisation.   With New Zealand's proposed climate change policies and targets being set out in the recently released Emissions Reduction Plan (ERP), the Climate ...

“Not Open For Instruction”: When are Secondary School Teachers Entitled to Reimbursement of Costs Associated With Work Done Outside of School Hours?
4 Aug 22

Since 1996, the Secondary Teachers' Collective Agreement (SCTA) has contained a provision stating that where teachers are required to attend school or elsewhere when the school is "not open for instruction", they are to be reimbursed for any actual or reasonable costs incurred.[1] 26 years ...

Employee vs Contractor – Working Group Recommendations
4 Aug 22

The employee vs contractor debate continues.  The Tripartite Working Group of unions, employers and government has recommended law reform to address the employee/ contractor boundary issue. Public consultation took place in late 2019 and early 2020 seeking feedback on improving outcomes for: workers who have ...

Key takeaways from our first Emissions Reduction Plan
2 Aug 22

New Zealand's first Emissions Reduction Plan outlines how New Zealand will achieve its target emissions reductions from now until the end of 2025.  Following consultation with the public after the release of the Emission Reduction Plan discussion document last October, the Government released the final ...

Key changes to note in the new Incorporated Societies Act 2022
20 Jul 22

The new Incorporated Societies Act 2022 (new Act) was passed into law on 5 April 2022 and significantly changes the way incorporated societies are regulated in New Zealand. The new Act replaces the Incorporated Societies Act 1908 (1908 Act), modernising its legal, governance and enforcement ...

ACC Cover for Work-Related Mental Injury: Potential for Double Recovery under the Accident Corporation Act 2001 and the Employment Relations Act 2000?
18 Jul 22

The District Court has ruled that a woman subject to workplace bullying was entitled to ACC cover in connection with her work-related mental injury.[1] This begs the question of whether bullied employees who receive ACC cover for mental injury are still entitled to compensation under ...

Exposure Draft of the National Policy Statement for Indigenous Biodiversity
18 Jul 22

The Ministry for the Environment (MfE) has released the exposure draft of the proposed National Policy Statement for Indigenous Biodiversity (NPSIB). The NPSIB will seek to protect, maintain and restore indigenous biodiversity in a way that recognises tangata whenua as kaitiaki and provides for the ...

Climate Change Commission advice on pricing agricultural emissions seeks more stick and less carrot.
18 Jul 22

The Climate Change Commission has released their second piece of advice to Government on assessing how ready farmers and the agricultural sector is for an emissions pricing system. Advice on 'readiness' of sector The advice is tailored to address 'readiness' in the sense of asking ...

Most influential lawyers 2022
15 Jul 22

Congratulations to our own Frazer Barton and all those that made the NZ Lawyer list of Most Influential Lawyers. NZ Lawyer said that "High-level legal acumen and cultural competence are the traits that distinguish this year’s group of outstanding lawyers." Frazer is recognised in the Changemakers category and has been ...

NPS – Indigenous Biodiversity
14 Jul 22

Implementation planning needs to include more project funding for iwi & hapū. Allowance for more project funding for iwi in year 1 of the implementation phase of the NPS-IB will enable iwi to start their own projects to gather information to prepare for NPS-IB planning ...

Employment Relations Authority: DHB Nurse Justifiably Dismissed for Posting Anti-Vaccination Sentiments on Facebook.
11 Jul 22

A palliative care nurse employed by the Wairarapa District Health Board (DHB) was dismissed after an investigation revealed she had posted anti-vaccination advice and information on Facebook, as well as criticisms of the government's response to COVID-19. The Employment Relations Authority recently held the dismissal ...

He Waka Eke Noa recommendation and Climate Change Commission advice to Government
11 Jul 22

He Waka Eke Noa has recommended an alternative agricultural emissions pricing system that would sit outside the Emissions Trading Scheme. Background Under the Climate Change Response (Zero Carbon) Amendment Act 2019 the Government legislated emissions reduction targets of reducing methane to 10% below 2017 levels ...

We are delighted to announce the promotion of Josh Williams to Partner, in Anderson Lloyd’s Ōtautahi, Christchurch office.
11 Jul 22

Recently recognised as a 2022 Rising Star in the industry, Josh has over 10 years' experience as a commercial lawyer with a wide range of expertise. His specialist focus areas are mergers and acquisitions, corporate and commercial structuring, as well as the emissions trading scheme ...

Employing Migrant Workers: The “Accredited Employer Work Visa” Explained
6 Jul 22

On 4 July 2022, the new Accredited Employer Work Visa (AEWV) came into effect. This means that employers seeking to hire migrant workers need to become an "accredited employer" before they can hire a migrant worker. With New Zealand's boarders fully re-opening on 31 July ...

Overseas Investment (Forestry) Amendment Bill
20 Jun 22

Parliament has recently introduced the Overseas Investment (Forestry) Amendment Bill (Bill) which is currently at the select committee stage. The main purpose of the Bill is to prohibit overseas investors who plan to convert farm land to forest in New Zealand (Forestry Conversion) from using ...

Recent review of the Health Information Privacy Code 2020
17 Jun 22

Code amendments to reflect structural reforms within the public health sector. The Health Information Privacy Code 2020 (Code) regulates the collection, use and disclosure of health information by health agencies and modifies the Privacy Act 2020's information privacy principles as applicable to the health sector. ...

Exposure draft of proposed changes to the National Policy Statement for Freshwater Management 2020 and the National Environmental Standards for Freshwater 2020
7 Jun 22

The Ministry for the Environment (MfE) is seeking feedback on proposed amendments to the National Policy Statement for Freshwater Management 2020 (NPS-FM) and the National Environmental Standards for Freshwater 2020 (NES-F). The proposed amendments are collectively referred to as the exposure draft. They fall into ...

Anderson Lloyd sole author of the 2022 Chambers Global Practice Guide – New Zealand Real Estate chapter
1 Jun 22

Our Property Team are proud to be the authors of the 2022 Chambers Global Practice Guide – New Zealand Real Estate chapter. The team have been the sole contributors to this chapter since 2019. Chambers and Partners provide definitive global law guides offering comparative analysis ...

CCCFA certification of Directors and senior managers
31 May 22

Consumer finance providers will be aware of the new certification requirements under Part 5A of the Credit Contracts and Consumer Finance Act 2003 (CCCFA). This article provides practical tips for lenders applying for certification. Certification under Part 5A of the CCCFA became compulsory from 1 ...

MBIE consultation on influence of blockchain on productivity and wellbeing
31 May 22

The Ministry of Business, Innovation & Employment (MBIE) has this month opened for public consultation a draft Long-term Insights Briefing entitled The future of business for Aotearoa New Zealand: An exploration of two trends influencing productivity and wellbeing – purpose-led business and use of blockchain ...

Impact of the Fair Trading Amendment Act 2022
30 May 22

Businesses need to be aware of the impact of the Fair Trading Amendment Act 2022, which comes into force on 16 August 2022. The Amendment Act prevents the use of unfair contract terms in standard form small trade contracts. Businesses need to ensure that their ...

Gloriavale in the Employment Court: A decision that could cost its leaders thousands
25 May 22

Whether a worker is legally considered an "employee" is an issue the Employment Relations Authority and Employment Court regularly consider. Employee status is the gateway to an array of statutory entitlements, including minimum wage, sick leave, and annual leave. It follows that where a worker ...

Restraint of Trade private member’s bill
16 May 22

A private member's bill which seeks to restrict restraint of trade provisions in employment agreements has been drafted and is going into the parliamentary ballot. Restraint of trade provisions are commonly used by employers to protect their commercial or proprietary interests, however they are void ...

Updated advice on an employer’s liability for public holiday pay for a worker on ACC
12 May 22

The Ministry of Business, Innovation and Employment (MBIE) has reversed its advice that employers legally have to pay a worker who is on ACC for a public holiday, now advising that this is generally not the case. In April 2022, MBIE admitted guidance from it ...

Vaccination mandates – employer FAQs
2 May 22

This week sees a relaxation of vaccine mandates in both the public and private sector. What does this mean for employers? From 11.59pm, 4 April 2022, the government scraps vaccination mandates, except those in the health and disability sector, prison staff, and border and MIQ ...

Redundancies in a Covid-19 climate
2 May 22

There have been a number of recent cases in the Employment Relations Authority and Employment Court dealing with restructuring and redundancy situations flowing from the Covid-19 climate. None of the rulings have been particularly surprising.  As always, the focus of the Authority and Court is ...

Is your restraint of trade clause reasonable?
2 May 22

Restraint of trade provisions are commonly used by employers to protect their commercial or proprietary interests, but are they always enforceable? Restraint of trade clauses have featured in the media this year in a recent case where the Employment Relations Authority (ERA) ordered political editor, ...

Mistaken payments and employment
2 May 22

So you have just found out you have accidentally paid an employee $10,000 more than you should have—what can you do? A recent matter gave the author cause to revisit the law of mistaken payments made to employees. It is a surprisingly common situation, and ...

Employment Relations Authority declines application for interim reinstatement by suspended unvaccinated employees
2 May 22

The Employment Relations Authority has recently dismissed an application for interim reinstatement by two employees prevented from attending work unless they were vaccinated. The facts The Employment Relations Authority (Authority) in IOX v QEB[1] considered whether two evening duty managers at tertiary student accommodation should ...

COVID-19 policies – time for review?
2 May 22

On 23 March 2022 the Prime Minister announced significant changes to New Zealand's COVID-19 response framework. The changes reflect a change in the perceived risk of the virus to New Zealanders. In light of the changes, employers should consider whether their COVID-19 policies remain fit ...

What is constructive dismissal?
2 May 22

It is not uncommon for employees who are under investigation to claim that they are being bullied or otherwise treated unfairly, and for claims of unjustified disadvantage or unjustified dismissal to arise.   Providing the employer can meet the test of justification, establishing that there were ...

Alternative working arrangements post the Omicron peak
2 May 22

The disruption and uncertainty caused by Covid-19 may lead business owners to think about how to best to engage staff to allow for maximum flexibility.  This is particularly the case for employers where they experienced a sudden downturn in business as a result of Covid-19 ...

Another unsuccessful COVID-19 vaccination mandate challenge in the High Court
26 Apr 22

The High Court has recently dismissed a judicial review challenge to both the education sector and health and disability sector vaccination mandates. The Court held that the mandates limit on the right to refuse medical treatment were demonstrably justified for both sectors. Background The applicants ...

The Plant Variety Rights Bill 2021 – what do we know so far
20 Apr 22

The opportunity for making public submissions on The Plant Variety Rights Bill 2021 (Bill) has now passed and the Bill is currently before Parliament for its second reading. The Bill was introduced in May 2021 to modernise the outdated Plant Variety Rights Act 1987 (Act). ...

Succession and Forestry Rights
20 Apr 22

We have recently been working on succession planning when dealing with forestry assets with accountants and our farming clients. While families may wish to leave their forestry assets to their children, care must be taken in structuring this arrangement to avoid adverse tax consequences. Under ...

Snapshot: Legislation Update
20 Apr 22

The Organic Products Bill 2020 – Committee now recommends review of compliance costs to ensure reasonable to producers. Once passed the Organic Products Bill (Bill) will provide a framework for the production, labelling and sale of organic products such as food and beverages in New ...

In brief: RMA reform – Natural and Built Environments Bill
20 Apr 22

The process to replace the Resource Management Act 1991 (RMA) has begun. Key provisions of the Natural and Built Environments Bill have been released in an exposure draft, and reviewed by the Environment Select Committee. The Committee has recommended the Government proceed with development of ...

Review of use of Overseer as a regulatory tool
20 Apr 22

Overseer was developed as a tool to increase efficiency and productivity for farmers, but in the last decade has been increasingly relied on by regional councils as a regulatory tool to manage nutrient discharges. In 2018 the Parliamentary Commissioner for the Environment undertook a comprehensive ...

Recent free trade developments to benefit New Zealand
20 Apr 22

On 28 February 2022, New Zealand signed a free trade agreement with the United Kingdom, providing New Zealand exporters with more favourable access to the UK market. The UK was New Zealand's seventh largest trading partner pre-COVID, with trade between the two nations exceeding $6 ...

Otago Regional Council’s pest management regime
20 Apr 22

Plant and animal pest species pose an ongoing threat in our regions. The Otago Regional Council is the authority responsible for management of pest species in Otago; addressing their effects on indigenous biodiversity, economic activities, and landscapes. Under the Biosecurity Act 1993, the ORC is ...

Farm Leases
20 Apr 22

A farm lease can provide a mutually beneficial arrangement for landowners and tenants, alike. Having a farm lease in place, reflecting the intentions of the parties, is key. Leasing can offer a wide array of benefits to both the landlord and the tenant. For the ...

Changes to wetlands regulations proposed
20 Apr 22

Protection and restoration of wetlands is a pillar of the Essential Freshwater reforms package, but a number of issues have been identified with interpretation and implementation of the strong policy direction and prescriptive regulations introduced. As a result, a number of changes to the wetland ...

Agricultural Emissions Pricing Proposals
20 Apr 22

He Waka Eke Noa has released two pricing mechanisms for agricultural emissions. The agricultural sector is currently the only sector not included in the New Zealand Emissions Trading Scheme (ETS). He Waka Eke Noa is the 'Partnership' established to create a separate emissions pricing approach ...

Employers may be liable for public holiday pay for a worker on ACC
14 Apr 22

The Ministry of Business Innovation and Employment (MBIE) has admitted the guidance from it and ACC on who pays an employee on a public holiday when they otherwise would have worked, but are on ACC, has been unclear. ACC's advice is that employers may need ...

Managing Exotic Forestry Afforestation in the ETS
14 Apr 22

The Government has recently released proposals to change some of the forestry settings in the Emissions Trading Scheme. The Ministry for Primary Industries (MPI) has identified that the current settings in the Emissions Trading Scheme (ETS) are driving increased levels of exotic afforestation, particularly due ...

Otago Regional Council Flood Protection Management Bylaw Review
13 Apr 22

Otago Regional Council (ORC) has undertaken its 10-yearly review of its Flood Protection Management Bylaw 2012 (2012 Bylaw) and prepared its Proposed Flood Protection Management Bylaw 2022 (Proposed Bylaw). The Proposed Bylaw has implications for landowners and occupiers adjacent to flood protection works undertaken by ...

Fair Pay Agreements Bill – bargaining process explained
11 Apr 22

 The Fair Pay Agreements (FPA) Bill has been introduced into Parliament, and will now go through a full Select Committee process. The government are hoping to pass it through all stages this year. The purpose of the Fair Pay Agreement (FPA) system is to provide ...

The proposed NZ Income Insurance Scheme – and how to have your say
5 Apr 22

The Government, Business New Zealand and the New Zealand Council of Trade Unions have together proposed a New Zealand Income Insurance Scheme. Here we outline what the scheme is proposing to look like, and how you can have your say. The scheme would operate to ...

WorkSafe’s guidance for employers on workplace vaccination requirements
1 Apr 22

WorkSafe has issued its guidance for employers regarding vaccination requirements in the workplace. Read on for what this may mean for your business. In light of the vaccine mandates being narrowed on 4 April, WorkSafe have advised that employers should complete a risk assessment or ...

Warning over ditching vax mandates
25 Mar 22

This article was published in the Otago Daily Times on 25 March 2022 A Dunedin employment lawyer is warning businesses not to "throw out" their vaccine mandates just because the Government has. On Wednesday, Prime Minister Jacinda Ardern announced sweeping changes to New Zealand’s Covid-19 ...

Changes to the traffic light system explained
23 Mar 22

The traffic light system is here to stay, but it will look different. Changes to the settings are taking effect from midnight this Friday, 25 March 2022. Read on for what this may mean for your business. We are currently in the red setting of the ...

Some light at the end of the tunnel for New Zealand’s tourism industry
17 Mar 22

From Tuesday 13 April, vaccinated Australians will be able to travel to New Zealand isolation-free.  Two and a half weeks later, vaccinated travellers from visa-waiver countries and those with valid visitor visas will be able to arrive. Prime Minister Jacinda Ardern has announced that as ...

PGGW case highlights need for proper due diligence in farm purchases
10 Mar 22

West coast dairy farmers win battle in court over misrepresentation of production figures. Background facts Philip and Julie Routhan purchased a west coast dairy farm in late 2010 that was advertised by PGG Wrightson to produce on average 103,000 KgMS per year from 260 cows ...

Recent updates in COVID-19 isolation requirements
10 Mar 22

The isolation period for Covid-19 positive cases and household contacts is set to reduce from 10 to 7 days. Critical healthcare workers who have Covid-19 are allowed to return to work on Covid wards if their absence would mean a critical health service would stop ...

Women You Can Bank On (WYCBO)
8 Mar 22

The truly unique Women You Can Bank On (WYCBO) event is returning for its sixth year, on Thursday 15th September, and is set to be bigger and better than ever before. “We have great pleasure in announcing the partnership with UN Women Aotearoa NZ. The ...

Successful challenge to Government Mandate – arguably limited precedent value
4 Mar 22

John Farrow, Partner at Anderson Lloyd, discusses the decision of Yardley V Minister for Workplace Relations and Safety, which dealt with attempting to mandate vaccination to prevent and limit the risk of, the outbreak of, or the spread of Covid-19. He also discusses the role of ...

Light at end of tunnel for Covid-affected workplaces
4 Mar 22

Article written by John Farrow and published in the Otago Daily Times on 4 March 2022. That Covid-19 has created employment issues is a huge understatement. Employers and employees alike have been significantly affected. The Omicron variant and isolation requirements are creating new issues. Sick ...

Anderson Lloyd assists NZ Hotel Holdings on its purchase of the Rydges Wellington Hotel
3 Mar 22

Anderson Lloyd is delighted to have assisted NZ Hotel Holdings (owned by Russell Property Group, Lockwood Property Group and the New Zealand Superannuation Fund) on its purchase of the Rydges Wellington Hotel. 2021 was a milestone year for NZ Hotel Holdings who earlier in April ...

Special forestry test under the Overseas Investment Act 2005 to end for overseas investors planning to convert farm to forest
2 Mar 22

The Government is seeking to reintroduce the benefits test for overseas investment in pasture to plantation forestry conversion. On 24 February 2022 Associate Minister of Finance David Parker announced the Government will be seeking to end the streamlined special forestry test for overseas persons where ...

High Court Rules Police and Defence Force Vaccine Mandate is Unlawful
1 Mar 22

The High Court has held that the Covid-19 Public Health Response (Specified Work Vaccinations) Order 2021 (Order) was not a reasonable limit on the fundamental rights protected by the New Zealand Bill of Rights Act (BORA) and was therefore unlawful[1]. Notably, this Order related to ...

Phase Three of the Omicron Outbreak: Guidance for employers
25 Feb 22

New Zealand has moved into Phase Three of the government's Omicron response plan. Read on for an update on how this might affect your workers. Rapid Antigen Testing Rapid Antigen Tests (RAT) are to be the primary form of testing in the community. Businesses are ...

Best young legal talent in NZ for 2022 revealed
25 Feb 22

NZ Lawyer recognises 62 lawyers as the up-and-coming stars of the profession. The dawning of 2021 brought with the news and release of vaccines to combat COVID-19, providing hope that the pandemic would soon be over. New Zealand relaxed restrictions, and things seemed quite ready ...

New financial support for businesses affected by Omicron
23 Feb 22

A new targeted COVID Support Payment will soon be available for businesses struggling with revenue during the Omicron outbreak.  Funding available under the Small Business Cashflow Loans Scheme is also set to increase, and the first two years of interest wiped. COVID Support Payment The ...

Agricultural Emissions Pricing Proposals
16 Feb 22

He Waka Eke Noa has released two pricing mechanisms for agricultural emissions. The agricultural sector is currently the only sector not included in the New Zealand Emissions Trading Scheme (ETS). He Waka Eke Noa is the 'Partnership' established to create a separate emissions pricing approach ...

Phase Two of the Omicron Outbreak: Guidance for employers
16 Feb 22

On 15 February 2022 at 11:59pm, New Zealand will move into Phase Two of the government's Omicron response plan. Read on for an update on how this may affect your workers. Rapid Antigen Testing Businesses are encouraged to begin using Rapid Antigen Tests (RAT) as a ...

Close Contact Exemption Scheme
15 Feb 22

From tomorrow, workers at registered critical services who are vaccinated and asymptomatic close contacts of a COVID-19 case will be able to continue to work, provided they return a negative rapid antigen test prior to each day/ shift they are at work during the isolation ...

Shareholder disputes can be very damaging if not handled carefully
11 Feb 22

Shareholder disputes are very common, particularly in small closely held companies. Small closely held companies are effectively partnerships between shareholders in a company, often involving close interdependent relationships that under pressure can break down. The main causes of a breakdown in a relationship between shareholders ...

COVID-19 and face coverings: what amounts to a “medical-grade” face covering?
4 Feb 22

With the Omicron variant now in the New Zealand community, the government has amended the COVID-19 Public Health Response (Protection Framework) Order 2021 to tighten up the rules around face-coverings. From 4 February 2022, workers who are required to be vaccinated against COVID-19 (either pursuant ...

The Water Services Act 2021 – Rural Communities
1 Feb 22

The Water Services Act 2021 has somewhat flown under the radar amidst the contested Three Waters Reform. However, it is the Water Services Act that may provide the largest implications for the rural communities of New Zealand. The Act came into force on 15 November ...

Case proves restraint of trade sometimes enforceable
31 Jan 22

Column written by John Farrow and published in the Otago Daily Times on 31 January 2022. There has been a lot of recent publicity about Tova O’Brien’s restraint of trade case. In October last year Ms O’Brien resigned from her position as political editor with ...

Government’s three phase public health response to Omicron
27 Jan 22

The Government has announced a three phase plan aimed to slow down and limit the spread of Omicron. We are currently in phase 1 of the plan, and as case numbers grow, will adjust into phases 2 and 3. Key aspects of the three phases: ...

Mask wearing requirements tighten in the red setting
26 Jan 22

The Government has updated the mask wearing requirements for New Zealanders while in the Red Traffic Light setting. When are you required to wear a mask? Masks must be worn at food and drink businesses, close proximity businesses, events and gatherings. The existing exception to ...

The COVID-19 Vaccination Assessment Tool: The updated framework for businesses considering mandatory vaccination for their workers
17 Dec 21

On 15 December 2021, the COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 2021 came into force, introducing a simplified framework for employers considering whether they can require their workers to be vaccinated. The COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 2021 (Regulations) set ...

One year on – a look at the Privacy Act 2020
16 Dec 21

One year on we look at the implementation of the new tools created under the Privacy Act 2020 and how businesses are adapting. On 1 December 2020, the Privacy Act 2020 (Privacy Act) came into force repealing and replacing the 27-year-old Privacy Act 1993. The ...

COVID-19 and privacy considerations
15 Dec 21

The response to COVID-19 continues to involve the sharing of vast amounts of personal information.   In light of the Government's announcement of the development and use of Vaccine Certificates, sharing and collecting personal information looks set to become part of the new normal of ...

Reinstatement (the primary remedy) – more than lip-service
13 Dec 21

In 2018 the Employment Relations Act was amended to return reinstatement as the primary remedy in unjustified dismissal cases.  The stats on the number of successful reinstatement cases don't show any significant difference between when reinstatement was the primary remedy and when it was not.  ...

Court of Appeal overturns decision on discretionary payments
13 Dec 21

Employers nationwide will be breathing a sigh of relief that the Court of Appeal has reversed a controversial decision which found that incentive payments attracted holiday pay, (sometimes referred to as the "rich get richer" decision) The Court of Appeal's highly anticipated decision in Metropolitan ...

COVID-19 vaccination dismissal applications largely unsuccessful in the Employment Relations Authority and Courts
13 Dec 21

The COVID-19 Public Health Response (Vaccinations) Order 2021 (Vaccinations Order) mandates that specific work is to only be performed by vaccinated persons. The High Court has held that the Vaccinations Order is justified. The Employment Relations Authority (Authority) has also declined applications for interim reinstatement ...

COVID-19 restrictions: reduced hours for workers, but normal pay
13 Dec 21

The Court of Appeal has reversed a decision of the Employment Court, and confirmed that it is not lawful to make deductions from wages for time not worked as a result of the employer's direction, including where COVID-19 restrictions render the employee unable to work. ...

Holidays and annual closedowns – In a year of uncertainty
13 Dec 21

With the countdown to Christmas holidays well and truly underway, and with so much uncertainty ahead for employers, it is timely to briefly explain and provide employers with some certainty around their legal obligations to ensure employees are correctly paid over the holiday period What ...

COVID-19 legislation passed through parliament with urgency
13 Dec 21

The COVID-19 Response (Vaccinations) Legislation Bill was passed by the government under urgency this week, raising serious concerns about the law making process. The move has been strongly criticised by a number of legal commentators, and of course the opposition, as it means the law ...

Getting 2022 off to a good start
13 Dec 21

This has been an exceptionally difficult year for businesses, with most of us required to rapidly implement a series of significant operational changes in order to keep people safe and healthy and to comply with new legislation. Who, in 2019, would have imagined that just ...

The new COVID-19 vaccination legislation and traffic light system explained
13 Dec 21

The Government has passed legislation outlining the process for terminating unvaccinated employees employment agreements for failing to comply with vaccination requirements. The amendments relate to the termination of unvaccinated employees who have a duty not to perform work unless vaccinated under the COVID-19 Public Health ...

He Waka Eke Noa partnership releases discussion document outlining proposals for an agricultural emissions pricing scheme
9 Dec 21

Following on from the release of the Government's "Emissions Reduction Plan" discussion document in October, the He Waka Eke Noa partnership has now released its first discussion document outlining its proposals for an agriculture sector-specific emissions pricing scheme. In 2019, the Climate Change Response Act ...

“Emissions Reduction Plan” discussion document reveals possible implications for key sectors
9 Dec 21

New Zealand's first "Emissions Reduction Plan" is due to be released in May 2022. A discussion document released by the Ministry for the Environment in October provides insight as to how the plan may affect several key sectors.  On 31 May 2021 the Climate Change ...

Rapid Antigen Testing: Employers’ newest tool in preventing the spread of COVID-19 in the workplace
8 Dec 21

As of 1 December 2021, businesses can use Rapid Antigen Tests to conduct COVID-19 surveillance on workers. This provides extra protection in the workplace by enabling detection before workers become symptomatic. What is Rapid Antigen Testing? Unlike COVID-19 tests administered by healthcare professionals (known as ...

Anderson Lloyd assisting Southern Response earthquake claimants entitled to further compensation
6 Dec 21

New Zealand law firm Anderson Lloyd has launched a fixed-fee service to act for people who settled with Southern Response who are now entitled to a top up payment. It is estimated up to 3,000 homeowners may be entitled to further compensation where Southern Response ...

The Traffic Light System and Vaccination Mandates for Hospitality, Retail, Gyms and Close-Proximity Businesses
6 Dec 21

On 3 December 2021, New Zealand moved into the COVID-19 Protection Framework. Northland, Auckland and specified areas of the North Island are now in Red, and the rest of New Zealand into Orange. Vaccination of workers The introduction of the COVID-19 Protection Framework has brought ...

Public Health Vaccinations Order ruled to be lawful
1 Dec 21

To date there have been three Judicial Review proceedings of the Covid-19 Public Health Response (Vaccinations) Order 2021[1]. All of the proceedings have been unsuccessful. The Decisions have largely followed consistent themes with the first Application advancing a number of the grounds and the latter ...

Directors and senior managers of consumer credit providers now under a personal due diligence obligation
1 Dec 21

From the 1 December 2021, the Directors and senior managers of consumer credit providers are under a duty of due diligence to ensure compliance with the Credit Contracts and Consumer Finance Act (CCCFA). Directors and senior managers face potential personally liability if they fail to ...

Concern over managing vaccination passes
24 Nov 21

Article quoting John Farrow, published in the Otago Daily Times on 24 November 2021. A Dunedin restaurant owner is worried customers will take out their frustrations on her staff when the Government’s new vaccine passes come into force in 10 days. It comes after yesterday’s ...

A new vaccine mandate and further guidance for businesses is on its way
23 Nov 21

The Government has today released details of impending legislation to be passed this week regarding vaccine requirements for workers under the new COVID-19 Protection Framework system.  Businesses that require vaccine certificates from customers under the incoming COVID-19 Protection Framework system (also known as the traffic ...

Vaccination exemptions—no easy out for unvaccinated employees
9 Nov 21

Unvaccinated employees who are subject to a mandatory vaccination order will now find it is no longer a simple matter of finding a medical practitioner to certify they should not be vaccinated. It is now mandatory that certain roles only be performed by vaccinated workers. ...

Shaping the future
8 Nov 21

Editorial published in Christchurch’s lifestyle magazine ‘Metropol’ in the Women In Business feature on Tuesday 26 October. Resource Management is a dynamic and rapidly changing area of law, with ambitious reforms planned. That’s where Anderson Lloyd partner Sarah Eveleigh comes into play. For Sarah, the ...

Companies (Directors Duties) Amendment Bill – A shift towards the stakeholder view of corporate governance
5 Nov 21

On 23 September 2021 the Companies (Directors Duties) Amendment Bill was drawn from the ballot. If passed, the amendments would signal a shift in the underpinning corporate governance theory of company law in New Zealand. The Bill clarifies that directors may take into consideration "recognised ...

FMA issues new guidance for advertising of financial products
5 Nov 21

The Financial Markets Authority has recently released guidance to assist compliance with the fair dealing provisions of the Financial Markets Conduct Act 2013 when advertising offers of financial products. Part 2 of the Financial Markets Conduct Act 2013 (Act) requires fair dealing in relation to ...

Rights and obligations around employee vaccination
1 Nov 21

Column written by John Farrow and published in the Otago Daily Times on 1 November 2021. The Government’s recently announced Covid-19 Protection Framework details a Traffic Light system to help manage outbreaks and cases. Vaccine Certificates will be required in sectors such as hospitality and ...

Court of Appeal overturns decision on discretionary payments
28 Oct 21

Employers nationwide will be breathing a sigh of relief that the Court of Appeal has reversed a controversial decision which found that incentive payments attracted holiday pay. The Court of Appeal's decision in Metropolitan Glass & Glazing Limited v Labour Inspector, Minister of Business and Innovation ...

Parliamentary clarification on mandatory vaccinations in the workplace
28 Oct 21

In response to concerns from both employers and employees alike, the New Zealand Government has provided guidance on how vaccination certificates operate in the workplace. On 26 October 2021 Minister Woods provided welcome clarification in respect of mandatory vaccinations, announcing a range of measures to ...

Legal opinion: employers can require shot
13 Oct 21

Article quoting James Cowan published in the Otago Daily Times on 13 October 2021. Private businesses can make it compulsory for employees to be vaccinated against Covid-19 if they justify the need to do so, employment law specialists say. Earlier this week the Government announced ...

Mandatory COVID-19 vaccinations announced for health, and education sector workers
12 Oct 21

Cabinet has mandated the vaccination of high-risk workers in the health and disability sector by 1 December 2021, and school staff who work with children and students by 1 January 2022. The COVID-19 Public Health Response (Vaccinations) Order 2021 will be updated to reflect the ...

Carbon Forests
12 Oct 21

With the dramatic increase in the price of NZUs over the last few years, a number of rural land owners are starting to think seriously about carbon forestry. Anderson Lloyd has advised a number of clients about the legal options and structures for implementing a ...

Ināia totu nei: A low emissions future for Aotearoa – Agri sector
5 Oct 21

In early June 2021, the Climate Commission published its report to the Government on its first three emissions budgets and directions for emissions reduction plan 2022-2025. The purpose of this article is to summarise the Commission's recommendation in respect of the Agri Sector, but first, ...

Reinstatement (the primary remedy) – more than lip-service
21 Sep 21

John Farrow, Partner at Anderson Lloyd, shares an overview of the amendment of the Employment Relations Act in 2018 to return reinstatement as the primary remedy in unjustified dismissal cases and the evolving impact this has had on various cases since. In 2018, the Employment ...

Native trees to be planted on unusable forestry land to protect waterways
16 Sep 21

Article published on Stuff website on Tuesday 7 September 2021 One of the country’s largest forestry plantation owners, Aratu Forests, has signed a 90-year agreement with eLandNZ to plant native trees on unusable land, creating permanent buffers alongside waterways. The partnership, brokered by law firm ...

Emissions Trading Scheme – auctions and how they work
13 Sep 21

After the third Emissions Trading Scheme auction saw the $50 price ceiling exceeded, the Government released additional credits into the market. We revisit how the auction process works and what happened at the latest auction on 1 September. Background Auctions were introduced as part of ...

Businesses raising legal concerns over rules
13 Sep 21

Column written by John Farrow and published in the Otago Daily Times on 13 September 2021. A Dunedin law firm has started fielding calls from city businesses raising legal concerns about operating under the new Covid-19 Alert Level 2 rules. Anderson Lloyd partner John Farrow ...

COVID-19 Contact Record Rules for Businesses
13 Sep 21

At Alert Level 2 all businesses can open with some restrictions, including physical distancing, use of face coverings and record keeping.  Businesses and services that can open at Alert Level 2 will be legally required to provide safe and secure ways for everyone 12 years ...

COVID-19 in the community 2.0 – legislative responses
10 Sep 21

MBIE has advised that the Government has decided to implement a range of temporary measures across Commerce and Consumer Affairs legislation that respond to the disruption and uncertainty caused by the re-emergence of COVID-19 in the community in New Zealand. These measures, which will be ...

COVID 19 – Vaccinations in the workplace
1 Sep 21

As an employer, you're probably considering how best to protect your workforce from COVID-19, including whether you can encourage, or require, employees to be vaccinated. Your duties under the Health and Safety at Work Act (2015) extend to minimising the risks associated with the COVID-19 ...

Scanning or signing in to become mandatory – some privacy implications
25 Aug 21

On 22 August it was announced that mandatory record-keeping is being introduced at all alert levels. From one week after any alert level change that allows more businesses to open, it will become mandatory for certain businesses to ensure people entering their premises either scan-in ...

Childcare for essential workers
24 Aug 21

The Government has made arrangements for free childcare for essential workers in businesses and services that are open during Alert Level 4. The scheme is available to provide care for children aged 0-13 years who are in the care of workers in Alert Level 4 ...

Working under Alert Level 4
24 Aug 21

During Alert Level 4 there are a limited number of businesses and services that can continue to operate. Under Alert Level 4 workplaces can only open if they are an Alert Level 4 business or service (as set out in schedule 2 of the COVID-19 ...

Duty to consult, behave in good faith with employees
23 Aug 21

Article written by Dunedin lawyer Jessica Higgins, published in the business section of the Otago Daily Times on Monday 23 August. Last Tuesday brought the announcement we were all dreading: New Zealand is moving to Alert Level 4. But we have been here before, we ...

Wage Subsidy – August 2021: employers take note of a more comprehensive declaration
20 Aug 21

Once again the New Zealand government is supporting employers through lock down with a variety of financial subsidies and support on offer. Applications for the Wage Subsidy are now open, at this stage for a limited period of two weeks. The Wage Subsidy is available ...

COVID-19 financial subsidies and support (August 2021)
20 Aug 21

A return to Alert Level 4 has lead to a renewal of the financial support available to businesses. The return of the wage subsidy sees an increase to the amount available but also increased obligations on employers including specific obligations to repay the subsidy if ...

Lessons from the last lockdown
19 Aug 21

Tuesday, 17 August 2021 brought the announcement we were all dreading: all of New Zealand is moving to Alert Level 4. But we have been here before, we got through it, and we learnt from it. For business owners, it is timely to reflect on ...

Milford Opportunities Project Masterplan released to public
11 Aug 21

The Milford Opportunities Project (MOP) has launched its Masterplan for Milford Sound Piopiotahi, the Milford Corridor and the Milford sub-regional area. Background The MOP was established as a multi-agency approach to consider how visitors to Milford Sound Piopiotahi and the Milford Corridor should be managed. ...

ETS consultations: Industrial allocations and market governance
11 Aug 21

The Government has recently released two public consultations relating to the Emission Trading Scheme (ETS): one that relates to the future industrial allocation and one that relates to improving the governance framework.   Industrial Allocation The Government is reviewing its policy around industrial allocation (also ...

Recent changes to tax and purchase price allocation under the Income Tax Act 2007
6 Aug 21

The Income Tax Act 2007 now includes a standard mechanism to allocate the values of assets in certain transactions. The Income Tax Act 2007 was recently amended pursuant to the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 to insert a ...

A landmark decision for contractual interpretation
28 Jul 21

The Supreme Court has made a significant ruling on the interpretation and construction of contractual terms. The dispute on what evidence, outside of the wording of contractual terms, can be used for interpretation has been the subject of debate for a long time, as well ...

Consumer Data Right
15 Jul 21

New Zealanders may soon have more control over their personal information. Last week the Commerce and Consumer Affairs Minister David Clark announced the Government's intent to establish a consumer data right (CDR) framework for New Zealand. This announcement follows a consultation period late last year ...

Family caregiver found to be Ministry of Health employee
7 Jul 21

The Employment Court reinforces the personal nature of employment obligations and its power to determine whether a person is in an employment relationship in Fleming v Attorney-General. In this case the Employment Court issued a judgment considering the employment status of parents acting as fulltime ...

Case round up: Gate Gourmet Appeal and Vaccination Case
7 Jul 21

Gate Gourmet off to the Court of Appeal Employees of Gate Gourmet have been given leave to appeal the Employment Court's decision in Gate Gourmet New Zealand Ltd v Sandhu and others. The Employment Relations Authority initially held that Gate Gourmet breached the Minimum Wage Act by ...

Employment Court Ruling on employee / contractor
7 Jul 21

The Employment Court has held that despite an initial agreement between the parties that a builder would be engaged as an independent contractor, he was in reality an employee.   In Barry v CI Builders Limited, a verbal agreement suggested that the parties intended to ...

Triangular Employment
7 Jul 21

The Employment Relations (Triangular Employment) Amendment Act came into force mid-last year. In the recent decision (Keanu Head v Chief Executive of the Inland Revenue Department) a full Employment Court considered whether the claimants who had entered into employment agreements with Madison Recruitment Limited were ...

Restraints of trade—”not worth the paper they are written on”?
7 Jul 21

Including restraint of trade provisions in employment agreements has become commonplace—but are they enforceable? As a matter of law restraint of trade provisions are void (both unlawful and unenforceable) unless they can be established as reasonable. Restraint of trade provisions are a creature of contract. ...

The Employment Relations (Triangular Employment) Amendment Act came into force mid-last year
5 Jul 21

John Farrow, Partner at Anderson Lloyd, discusses the Employment Relations (Triangular Employment) Amendment Act that came into effect in mid-2020 and how it offers some insight into the factors that may be relevant in deciding whether an entity is in fact a controlling third party ...

Council roles in the new regime for drinking water service
1 Jul 21

The package of reforms responding to the Havelock North water contamination event are getting much closer to coming into force. Those reforms include: Creating a new regime for managing and monitoring private and public drinking water supplies; Establishment of a new water services regulator (Taumata ...

Promised RM Reform on track – Exposure Draft released for public feedback
30 Jun 21

Cabinet has approved the exposure draft of the proposed Natural and Built Environments Act (NBA). The NBA will provide for land use and environmental regulation and will be the primary piece of legislation to replace the Resource Management Act 1991 (RMA). The NBA, along with ...

Government Policy Statement on Housing and Urban Development
23 Jun 21

The Government is seeking to align existing policy and provide long-term direction for achieving consistent outcomes in housing and urban development through a Government Policy Statement on Housing and Urban Development (GPS-HUD). Feedback on the document is sought by 30 July 2021. The purpose of ...

Covid-19 coronavirus: Vaccination tensions set to hit workplaces
20 Jun 21

Article written by employment specialist AJ Lodge and published in the NZ Herald on 20 June 2021. As New Zealand widens its vaccination programme, employers are starting to consider how they will deal with the next COVID-19 spanner in the work(place) – vaccinations. The most ...

Fair Pay movement likely to bring industrial action
17 Jun 21

Column written by John Farrow and published in the Otago Daily Times on 17 June 2021. The recent nurses strike brought into focus issues around fair pay across an entire industry. While the Government has introduced a variety of changes to improve pay for workers, ...

Builders beware – your contractors may actually be employees
9 Jun 21

A number of recent employment cases address whether a worker is correctly classified as an employee or an independent contractor. In the recent case of Barry v CI Builders Limited, despite the parties agreeing that Mr Barry was a contractor, the Employment Court found that ...

Education Law Series Part 4: Health and Well-being
2 Jun 21

Column written by Senior Associate Fi McMillan and published on the Legalwise website on Wednesday 2 June as part of her series on the NZPF Principals’ Advice and Support Scheme, which provides employment advice to school principals across New Zealand. In Part 4, she highlights ...

Fair pay agreements will squeeze small business
1 Jun 21

Column written by Ashley-Jayne (AJ) Lodge and published on the Capital Letter website on Friday 28 May. Further regulation is on its way for employers in the way of Fair Pay Agreements. Workplace Relations and Safety Minister Michael Wood describes the introduction of FPAs as ...

Anderson Lloyd sole author of the 2021 Chambers Global Practice Guide – New Zealand Real Estate chapter
28 May 21

Our Property Team is proud to have contributed as the sole author of the New Zealand chapter of the Chambers and Partners 2019, 2020  and 2021 Global Practice Guides on Real Estate. Read our most recent analysis of New Zealand Real Estate law here.  Click here ...

Sick leave entitlement doubled
21 May 21

The Government has passed a Bill which increases employees' minimum entitlement to paid sick leave from five to ten days per year. The Bill comes into force in mid-July and will amend the Holidays Act 2003. The Bill allows employees to carry over ten days ...

How to legally terminate redundant employees
18 May 21

The court holds a high threshold when it comes to terminating an employee Terminating redundant employees is never easy. But as a result of COVID-19 and the economic downturn, more businesses are having to make difficult decisions in order to survive. Speaking to HRD, Jessica ...

Fair Pay Agreement Plan Announced
7 May 21

After much anticipation, the Government has finally announced today how it proposes the Fair Pay Agreement (FPA) system in New Zealand will work. FPAs are a set of terms and conditions of employment for an occupational group or industry sector, and the announcement today confirms FPAs ...

Employee vaccination not black and white
27 Apr 21

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Tuesday 27 April 2021. Both the rolling out of Covid-19 vaccines and the opening of the Australasian bubble have created some complex issues for employers. The general ...

National firms help book New Zealand’s largest hotel sale for 2020-2021
23 Apr 21

This article was published on the NZ Lawyer website on Friday 23rd April. Buddle Findlay and Anderson Lloyd have played advisory roles in what Buddle Findlay said is New Zealand’s largest hotel sale for 2020-2021. The transaction involved the acquisition of the Sofitel Queenstown Hotel ...

Good Faith Obligations to Visa Holders
22 Apr 21

John Farrow, Partner at Anderson Lloyd, shares a detailed case note of Gill v Restaurant Brands Limited, where an employee was dismissed for lack of a valid visa. In this article, John highlights new complexities due to COVID-19, and the importance of  employers to communicate ...

Winter grazing standards deferred
21 Apr 21

National standards creating additional control son winter grazing, designed to enhance and maintain water quality (NES-FW), were to have taken effect in May 2021. The standards in the NES-FW that apply to winter grazing require that – the area grazed be less than 50 ha ...

The Trusts Act 2019 – Now in force
21 Apr 21

The Trusts Act 2019 (Act) came into force on 30 January 2021 and now is the time for clients to be reviewing their trust, if they have not done so already. Previous editions of this newsletter have outlined that the Act was introduced to modernise ...

Number 8 wire attitude needed to achieve Climate Change Commission’s targets for lower emissions
21 Apr 21

The Climate Change Commission’s 2021 Draft Advice for Consultation provides a detailed strategy for tackling climate change and meeting emissions reductions committed to by the Government. The Commission’s message is clear – we will not meet targets on our current trajectory and we must shift ...

New Zealand and China sign an upgraded Free Trade Agreement
21 Apr 21

On 26 January 2021, New Zealand and Chinasigned an upgrade to their Free Trade Agreement(FTA). Since the signing of the original FTA in2008, China has become New Zealand’s largesttrading partner, with two-way trade between thetwo nations quadrupling from $8 billion to over$32 billion a year. ...

New regulations and requirements for private drinking water sources – Water Services Bill 2020
21 Apr 21

New legislation called the Water Services Bill 2020 (the Bill) is currently being considered by the Health select committee. The primary purpose of the Bill is to ensure a safe supply of drinking water. These reforms are a direct response to the Havelock North water ...

Key Person Insurance – Buy/Sell Agreements
21 Apr 21

With both farm partnership and equity partnerships in the agricultural sector, it is important to consider the need for key person insurance and buy/sell agreements. Key person insurance is essentially a life insurance policy taken out over a key shareholder in a company or partner ...

Crown Pastoral Land Reform Bill – Public Submissions now closed
21 Apr 21

The Crown Pastoral Land Reform Bill (Bill) is currently before the Select Committee, with the public submission period closing on 22 February. As covered in our August 2020 edition of this newsletter, the Bill was introduced as part of a review of the management of ...

Buying a farm – due diligence
21 Apr 21

Buying a farm is a complex matter and it is critical to complete a full investigation of the farm either prior to making an offer to purchase (by contract, tender or auction) or by having a robust conditional agreement in place allowing you to complete ...

Anderson Lloyd named as 5-Star Employment Law Firm by HRD
14 Apr 21

This article was published on the HRD website on Wednesday 14 April. As New Zealand's business climate changes in response to the COVID-19 pandemic, the country’s top employment law firms are keeping their fingers on the pulse of organisations that are confronting new workplace challenges. ...

Year in Review – 2020 property case law developments
31 Mar 21

Check out our Property Team's summary of significant property case law developments across 2020 in our second edition of Real. below:  

Education Law Series Part 3: Dealing with Employment Issues
26 Mar 21

Column written by Senior Associate Fi McMillan and published on the Legalwise website on Thursday 25 March as part of her series on the NZPF Principals’ Advice and Support Scheme, which provides employment advice to school principals across New Zealand.  In Part 3, Fi continues ...

Government housing policy changes
25 Mar 21

On 23 March 2021 the Government released a number of housing policy changes targeted to increase the supply of houses and decrease residential property investor demand. The policies include changes to interest deductibility, an extended bright-line test period, a new $3.8 billion "Housing Acceleration Fund" ...

Selling your business? When to tell your employee – the art of consultation
24 Mar 21

Without question, the number one issue that challenges employers when they sell their business is the question of when to consult. Employers will often ask at what point do my employees need to be informed. That question is usually quickly followed by how long can ...

NZ Uber drivers contractors not employees
23 Mar 21

The case of Arachchige v Rasier New Zealand Ltd & Uber B.V. confirms Uber is not required to give über (or even minimum, for that matter) employment entitlements to its drivers. In December 2020 the Employment Court issued a judgment which considered whether or not ...

Holidays Act to be overhauled
23 Mar 21

The Government has accepted recommendations to make the Holidays Act clearer and provide greater certainty to employers and employees. Following a joint request from employers and unions, the Government established a Taskforce to suggest improvements to the Holidays Act 2003 (the Act). Although the Taskforce ...

Penalties awarded against employment advocates for breaches of confidentiality
23 Mar 21

The Employment Court reinforces the importance of maintaining mediation confidentiality in CultureSafe NZ Limited & Ors v Turuki Healthcare Services Charitable Trust [2020] NZEmpC 165. CultureSafe NZ Limited & Ors v Turuki Healthcare Services Charitable Trust [2020] NZEmpC 165 is an appeal of an earlier ...

How to address misuse of sick leave in light of the proposed increase to sick leave entitlements
18 Mar 21

The Government has introduced a Bill which proposes to increase employees' minimum entitlement to paid sick leave from five to ten days per year. The Bill is currently before a Select Committee, and is likely to pass into law later in 2021. Although there would ...

New Public Service Act and Workforce Assurance Model Standards
18 Mar 21

The new Public Service Act 2020 (Act) came into force on the 6th of February 2021 and replaces the previous State Services Act 1988. Under section 19 of the Act the Public Service Commissioner (Commissioner) can issue guidance on integrity and conduct within the public ...

Solving the people puzzle: Anderson Lloyd
18 Mar 21

Editorial published in Christchurch's lifestyle magazine 'Metropol' in the Women In Business feature on Thursday 18 March.   People, and problems – or more specifically, helping the former solve the latter – is what drew Ashley-Jayne (AJ) Lodge to law. The employment law specialist has ...

Holidays Act devil in detail
10 Mar 21

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Wednesday 10 March. The Holidays Act was brought into force in 2003. Successive governments have promised to reform it. In recent years a number of significant employers ...

Anderson Lloyd litigator loves the courtroom adrenaline
3 Mar 21

Article published on the NZ Lawyer website, and featuring Melissa Hammer on Wednesday 3 March 2021. Pursuing a career as an advocator and a problem solver came naturally to Melissa Hammer, who always knew that she was interested in the law. As a litigator, she has ...

Wage subsidy scheme re-opened for businesses affected by COVID-19
3 Mar 21

The "Wage Subsidy March 2021" scheme is available to businesses that have experienced a 40% decline in revenue over a consecutive 14-day period between 28 February and 21 March 2021, compared to a typical 14-day period between 4 January and 14 February 2021. The scheme ...

Government support for businesses as a result of escalation in alert levels
1 Mar 21

The latest lockdown triggers support for both businesses and individuals, with the Prime Minister calling on employers to check in on their employees and ensure that those who are unwell stay at home and get tested. Short-term Absence Payment The Short-term Absence Payment (SAP) is ...

NZ Lawyer’s 2021 Rising Stars
24 Feb 21

Article published on the NZ Lawyer website, and featuring Melissa Hammer on 24 February 2021.   NZ Lawyer celebrates 39 young legal professionals who rose to the occasion in a year of unprecedented challenges. The new decade started off with a bang – but not ...

Holidays Act to be overhauled
24 Feb 21

The Government has accepted recommendations to make the Holidays Act clearer and to provide greater certainty to employers and employees. Following a joint request from employers and unions, the Government established a Taskforce to suggest improvements to the Holidays Act 2003 (the Act). Although the ...

Government support for businesses during COVID-19 resurgence
16 Feb 21

The Government has announced a new financial support package, the Resurgence Support Payment, as well as a Wage Subsidy Scheme for businesses affected by COVID-19 as a result of an escalation of the alert levels.   Resurgence Support Payment The Resurgence Support Payment (RSP) will ...

Transformational change required across all sectors to meet Climate Change targets
15 Feb 21

The Climate Change Commission has just released its first package of advice to Government (the Report). The Report includes three proposed emissions budgets and advice on the policy direction for the Government's first Emissions Reduction Plan. The focus has noticeably shifted to decarbonising and reducing ...

Gate Gourmet – Just What Exactly Is Work?
11 Feb 21

Article written by Dunedin Employment Partner John Farrow, published on Legalwise (11 February 2021). In the article, John discusses the recent Suhkjeet Sandhu and others v Gate Gourmet New Zealand Limited and Shaun Joils [2020] NZERA 259, by examining whether an employee can be said to be ready, ...

New COVID-19 Short-Term Absence Payment
11 Feb 21

The new COVID-19 Short-Term Absence Payment (STAP) is available to businesses from the 9th February 2021 as part of the Government's Business Support Package. The purpose of the payment is to help businesses pay employees who are unable to work while they await a COVID-19 ...

Resource Management legislation to be reformed this parliamentary term
11 Feb 21

The Government has announced the process to repeal and replace the Resource Management Act 1991 (RMA). We take a closer look at the details here. Three new Acts The three new Acts will be the: Natural and Built Environments Act (NBA) to provide for land ...

A breath of fresh air for trustees – The Trusts Act 2019 and alternative dispute resolution
3 Feb 21

We welcome the new default alternative dispute resolution regime which came into force on 31 January 2021. Prior to the introduction of the Trusts Act 2019 (the Act), it was generally necessary for the High Court to be called on to resolve disputes between trustees ...

Drug testing policy issues highlighted in recent decision
2 Feb 21

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Tuesday 2 February. Last year, New Zealanders voted on whether or not we should legalise the recreational use of cannabis. A number of employers were concerned that ...

Education Law Series Part 2: Dealing with Legal Issues
28 Jan 21

Column written by Senior Associate Fi McMillan and published on the Legalwise website on Thursday 28 January as part of her series on the NZPF Principals’ Advice and Support Scheme, which provides employment advice to school principals across New Zealand. In Part 2, Fi continues ...

Property newsletters 2019 to 2021
16 Jan 21

See Editions 1, 2 and 3 of our Property newsletter below. Edition 1 - 2019 Property wrap up Edition 2 - 2020 Property wrap up Edition 3 - 2021 Property wrap up

Employment Relations Authority sets the bar low for employer breaches of non-disparagement clauses
7 Dec 20

In the recent decision of Levchenko-Scott v Presbyterian Support Charitable Trust [2020] NZERA 452, the Employment Relations Authority imposed a penalty on an employer for providing a verbal reference in breach of a Record of Settlement.   The facts Timothy Levchenko-Scott claimed his former employer ...

Pay equity claims: A step-by-step guide for employers
7 Dec 20

The Equal Pay Amendment Act 2020 has streamlined the process for unions and employees seeking to raise a pay equity claim with their employers.   What is a "pay equity" claim? The principle of pay equity represents women and men receiving equal pay for jobs ...

Privacy Officer Alert
7 Dec 20

Every agency must have a Privacy Officer, who must be actively managing and protecting personal information. In our Spring Bulletin we identified the top five changes under the new Privacy Act, which came into force on 1 December.  With mandatory reporting of significant breaches and ...

Section 123 payments – Are they truly compensation?
7 Dec 20

Compensatory payments under Section 123 of the Employment Relations Act 2000 have become commonplace.  However, recent IRD audits of settlement agreements have highlighted the risks associated with indiscriminate tax-free payments By far the majority of personal grievances are settled by negotiation or at mediation.  Generally ...

Sick leave entitlements to increase
7 Dec 20

Labour has fulfilled an election promise by moving to increase the statutory minimum entitlement to sick leave from 5 days to 10 days per year for eligible employees. The Holidays (Increasing Sick Leave) Amendment Bill passed its first reading on 1 December 2020. The Bill's ...

Upcoming changes to the Overseas Investment Act 2005
4 Dec 20

In 2019, the Government signalled changes to the overseas investment regime to be introduced in 2020.  However in response to the economic circumstances created by COVID-19, the Government split the changes to the Overseas Investment Act 2005 (Act) into two separate Bills.  The Overseas Investment ...

Thinking about environmental due diligence
4 Dec 20

The paper work that you need to have in place to underpin your daily farming or horticultural operations is increasing, particularly for environmental issues.  In the light of this it is necessary to give thought to what sort of environmental due diligence you need to ...

Directors & Officers Insurance – key issues to consider
4 Dec 20

Directors of companies in the primary sector are contending with an increasingly regulated environment and greater risk of personal liability. All directors, whether of closely held family companies through to larger companies with broader shareholder bases, should have appropriate levels of directors and officers insurance. ...

Snapshot of new laws and regulations
4 Dec 20

Tougher firearms laws in force The Arms Legislation Act 2020 (Act) has been in force since receiving Royal Assent on 24 June 2020. This Act introduces stricter controls on the use and possession of firearms. Some key changes include: the creation of a firearms registry ...

Employee vs. Contractor—can you really put a label on it?
4 Dec 20

An earlier version of this article was featured in the winter edition of Anderson Lloyd's Employment Newsletter. The law discussed will be relevant to many of our rural sector clients. If your business regularly engages contractors (or engages the same contractor regularly) you may be ...

The Organic Products Bill 2020 – a proposed regime to regulate New Zealand’s organic farming industry
4 Dec 20

The Organic Products Bill is now before the Select Committee after passing its first reading in Parliament. This Bill seeks to impose national standards on all businesses seeking to market their products as organic. The Bill was introduced in response to the recent growth of ...

Holidays and annual closedowns – what you need to know
3 Dec 20

We are not far off being able to put what can only be described as a "challenging" year behind us and look forward to some family time over a well-deserved 'summer break'. Many employers are taking the opportunity to have a longer closedown than would ...

Holidays and annual closedowns – What you need to know
3 Dec 20

We are not far off being able to put what can only be described as a "challenging" year behind us and look forward to some family time over a well-deserved 'summer break'. Many employers are taking the opportunity to have a longer closedown than would ...

The Employment Relations (Triangular Employment) Amendment Act 2019
2 Dec 20

Employment Partner John Farrow, shares an overview of the recent Employment Relations (Triangular Employment) Amendment Act 2019, which came into effect on 27 June 2020, as it raises a number of interesting issues which would undoubtedly emerge in case law. Posted on the Legalwise website ...

Nitty-gritty of settlement awards
27 Nov 20

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Friday 27 November. It has become commonplace to read about employers having to pay large settlement sums awarded by the Employment Relations Authority (ERA) for unjustified actions ...

Christmas annual leave – where do employers stand?
26 Nov 20

Article contributed to by Dunedin Partner John Farrow, published on the Human Resources Director (HRD) website on Thursday 26 November. When it comes to annual leave over this year’s Christmas break, some employers might find themselves in legal hot water. Many businesses encouraged or forced ...

Get it right, and Auckland Light Rail could be revolutionary
17 Nov 20

Column written by Auckland Project Development Partner Anton Trixl and published on the National Business Review website on Tuesday 17 November. As the Infrastructure NZ conference – with its theme of Rebuilding Nations: Building Back Better – gets underway this week, a key discussion topic ...

Education Law Series Part 1: Introduction and “Know Your Collective”
12 Nov 20

Column written by Senior Associate Fi McMillan and published on the Legalwise website on Thursday 12 November as part of her series on the NZPF Principals’ Advice and Support Scheme, which provides employment advice to school principals across New Zealand. In Part 1, Fi begins ...

New activities-based district plan notified for fast-growing Selwyn District
12 Oct 20

The proposed Selwyn District Plan is an activities-based plan which contains strategic objectives to provide an overarching direction for new activities in the district. As an activities based plan it is important you know how current and future activities are defined and provided for in ...

Court of Appeal confirms Southern Response is liable for misleading and deceptive conduct in big win for homeowners
2 Oct 20

The Court of Appeal has upheld a decision of the High Court which found Southern Response liable for misrepresentation pursuant to s35 of the Contract and Commercial Law Act 2017, and misleading and deceptive conduct pursuant to s9 of the Fair Trading Act 1986. Mr. ...

COVID-19 Leave Support Scheme extension
29 Sep 20

The COVID-19 Leave Support Scheme has been further expanded. The Scheme provides financial assistance to employers where employees cannot work due to the need to self-isolate. The following groups of employees will now be covered by the Scheme: People who have COVID-like symptoms, work in ...

New Zealand’s employment regulations up for debate again at election time
28 Sep 20

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 28 September. It's election time and with every election comes a raft of promises about changes to employment law. Under a National-led government mandatory meal breaks ...

Dismissal for incompatibility
25 Sep 20

We increasingly hear about the "toxic workplace" and workplace bullying.  Might there actually be an incompatibility issue? 2020 has been a most unusual year.  We have all had to get used to lockdowns and working remotely, or to not working at all, and overall things ...

Flexible working – working from the Hoffice
25 Sep 20

2020 hasn't exactly been the year we all expected.  COVID-19 has brought significant challenges both financially and emotionally, but if there is one positive that we can take away it is the fact that it was surprisingly easy for a large number of employees to ...

National signals significant employment law repeal
21 Sep 20

It's election time and with every election comes a raft of promises about changes to employment law.  Under a National-led Government mandatory meal breaks could be a thing of the past.  National has pledged to repeal the Government's changes to the Employment Relations Act and ...

Privacy law: The top five changes affecting employers
18 Sep 20

In December 2020 the new Privacy Act 2020 comes into force. The Act has not only been modernised, but there have been significant changes to how privacy law will be enforced. Here are the top five key changes employers should be aware of. (In no ...

The cannabis referendum – what does it mean for workplace drug testing?
18 Sep 20

On 17 October 2020, New Zealanders will be able to vote in a referendum on whether or not they support the Cannabis Legalisation and Control Bill (Cannabis Bill), which would legalise the recreational use of cannabis. The Bill, in its current form, does not cover ...

Employee investigations: choose your investigator wisely
17 Sep 20

A recent decision has shone a light on the lawfulness of employers using independent investigators to conduct employment investigations. It is now common for employers to engage someone independent to investigate allegations of serious misconduct. This is especially the case where the allegations are either ...

ETS Reforms – Pricing considerations
8 Sep 20

The recent passing of the Climate Change Response (Emissions Trading Reform) Amendment Act makes a number of reforms to the ETS which are aimed at ensuring it is a more effective tool to help meet NZ's emission reduction targets. Key changes include the introduction of ...

Cyber-attacks: Will your business be NZXT?
31 Aug 20

DDoS hit on NZ Stock Exchange emphasises need for robust cyber-risk governance In the last full trading week of August 2020, several key markets of the New Zealand Stock Exchange were taken offline by "volumetric distributed denial of service" (DDoS) attacks from outside New Zealand ...

Crown Pastoral Reform Bill – new legislation affecting New Zealand’s high country pastoral land
26 Aug 20

 In 2018 and 2019 the Government undertook a review of the management of Crown owned high country pastoral land and signalled its intention to end tenure review. As a result, the Crown Pastoral Reform Bill (Bill) was introduced to Parliament on 16 July, with its ...

Immigration New Zealand – Maximising the opportunities for New Zealand workers
26 Aug 20

Immigration New Zealand has made it clear that one of its current priorities is to maximise the opportunities New Zealand workers have to access the job market. Many employers have found they cannot necessarily expect that an experienced migrant worker they currently employ will be ...

Farm tenancies
26 Aug 20

Where an employer provides an employee with accommodation during their employment, the arrangement is referred to as a service tenancy. As an employer or farm owner, it is important to be aware that you must comply with the Residential Tenancies Act 1986 (Act) and you ...

New Trusts Act 2019 – Frequently Asked Questions by our clients
26 Aug 20

The Trusts Act 2019 (Act) comes into force on 30 January 2021 and makes a number of changes to trust law in New Zealand. It will have an impact on existing and new trusts. Some of the key changes include; the introduction of five mandatory ...

Agritech sector to get a push
26 Aug 20

Economic Development Minister Phil Twyford and Agriculture Minister Damien O’Connor on 21 July 2020 announced the launch of an Industry Transformation Plan (ITP) to transform and grow New Zealand’s agritech sector. The ITP was co-developed with farming and agritech industry representatives by a multi-agency taskforce ...

Bringing in an equity investor into your agribusiness – issues that arise
26 Aug 20

Many in the agri sector are currently considering the possibility of bringing in an investor into their business for a variety of reasons. The farmer, horticulturist, or another agribusiness may need further capital to sure up the balance sheet as the banks become more conservative, ...

Freshwater reforms confirmed
26 Aug 20

The Government’s Essential Freshwater work programme seeks to restore and protect freshwater bodies throughout New Zealand, and has been a focus of debate for several years. The outcomes of this programme have now been confirmed, with the following legislative and policy changes being passed into ...

Changes to the Dairy Industry Restructuring Act 2001
26 Aug 20

The Dairy Industry Restructuring Amendment Bill (No 3) (Bill) was granted Royal Assent on 24 July 2020 and has now become law. The Bill amends the Dairy Industry Restructuring Act 2001 (Act) which enabled Fonterra to be established almost 20 years ago. The Bill was ...

Advantages of limited partnerships in the primary sector
26 Aug 20

Limited partnerships have been in New Zealand for over a decade. More and more they offer advantages over a company in some situations. The nature of limited partnerships Limited partnerships are essentially incorporated partnerships. There is a lot of flexibility (and relatively few rules) about ...

Authority decisions show how not to act in lockdown labour cuts
26 Aug 20

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Wednesday 26 August. The recent COVID cluster in Auckland has prompted the Government to implement the resurgence wage subsidy scheme and simplified leave support scheme. This will ...

Shareholders’ agreements – a key lesson about planning for the future
21 Aug 20

The Court of Appeal has recently released a decision that relates to the actions of a minority shareholder in the context of a business sale.The case highlights the importance of having a well thought-out shareholders' agreement that anticipates the likely needs of shareholders, both now, ...

Resurgence Wage Subsidy and change to Leave Support Scheme
18 Aug 20

Yesterday, 17 August 2020, the government announced a new Wage Subsidy Scheme and changes to the current Leave Support Scheme, to "cushion the blow" for businesses in light of the recent move to Alerts Levels 2 and Level 3 across the country. Resurgence Wage Subsidy ...

Commerce Act – Failing firms in the context of COVID-19
13 Aug 20

The COVID-19 pandemic is having a significant impact on New Zealand businesses. Many are facing restructurings, asset sales and sadly some permanent closures. The flip-side is that businesses in a strong financial position may have the opportunity to acquire failing businesses or their assets – ...

Overview of the changes to the Climate Change Response (Emissions Trading Reform) Amendment Act
13 Aug 20

On 22 June 2020, the Climate Change Response (Emissions Trading Reform) Amendment Bill received royal asset, introducing updates to the Emissions Trading Scheme (ETS) In pursuit of improving the ETS, the Climate Change Response (Emissions Trading Reform) Amendment Bill (Bill) has received royal asset, amending ...

Employment Obligations during Alert Levels 2 and 3
12 Aug 20

Prime Minister Jacinda Ardern and Director-general of health Ashley Bloomfield announced last night that four new Covid-19 cases have been confirmed in Auckland. As a result, Auckland will move to Alert Level 3 as at midday today 12 August 2020, with the rest of New ...

Forests (Regulation of Log Traders and Forestry Advisors) Amendment Bill
28 Jul 20

The Forests (Regulation of Log Traders and Forestry Advisors) Amendment Bill (the Bill) passed its third reading in Parliament on 22 July and is now awaiting Royal Assent. The Bill amends the Forests Act 1949 (the Act) by adding a new Part 2A and implementing ...

Equal Pay Amendment Bill passes
27 Jul 20

The passing of the Equal Pay Amendment Bill on 22 July 2020 is an important step in closing the gender pay gap in New Zealand. The Bill provides a framework for the resolution of pay-equity disputes.   Background The Equal Pay Amendment Bill was introduced ...

Holidays Act and discretionary bonuses
6 Jul 20

The recent judgment of the full Employment Court in Metropolitan Glass & Glazing Limited v Labour Inspector [2020] NZEmpC 39 has clarified the issue of when and in what circumstances bonuses will be contractual or discretionary for the purposes of calculating "gross earnings". Section 14 of the ...

Updates to the Parental Leave Scheme
6 Jul 20

Temporary updates to the parental leave scheme have come into force as a result of the COVID-19 Response (Further Management Measures) Legislation Act 2020. Permanent changes to the scheme will also come into effect from 1 July 2020.   Temporary changes to parental leave The ...

Fair Pay Agreements
6 Jul 20

The Government established the Fair Pay Agreement (FPA) Working Group in June 2018.  This was chaired by Jim Bolger.  The Working Group delivered its report on 20 December 2018.  Almost a year later, in October 2019, the Government released its discussion paper and sought feedback ...

What are your obligations under the Children’s Act 2014?
6 Jul 20

Safety Checking The Children's Act 2014 (previously Vulnerable Children Act) requires all children's workers to be safety checked. It applies to both contractors and employees of organisations who are funded by government. It does not apply to volunteers. A children's worker is a person who ...

Wage Subsidy Extension
6 Jul 20

As part of the Government's budget announcement on 14 May 2020, the COVID-19 wage subsidy was extended. Around half of all working-age New Zealanders received the original wage subsidy. The Government estimates that some 230,000 businesses will be eligible for the extension. The new scheme ...

Employers beware: when does providing a reference become unauthorised disclosure of personal information?
6 Jul 20

The Human Rights Review Tribunal (HRRT) considers the importance of authorisation before disclosing personal information about an employee. Director of Human Rights Proceedings v Katui Early Childhood Learning Centre Limited [2019] NZHRRT 55 provides an example to employers that references about employees should only be ...

Triangular Employment – Amendment Act
6 Jul 20

The Employment Relations (Triangular Employment) Amendment Act 2019 comes into force on 27 June 2020.  The legislative changes will have an immediate impact on triangular employment relationships.  Businesses will need to understand the potential consequences of being joined to a personal grievance, how best to ...

Contractors’ rights
6 Jul 20

MBIE is in the process of reviewing workplace conditions for contractors.  MBIE sought feedback from contractors in February this year. While employees are entitled to be paid minimum wage, receive leave entitlements and are able to take a personal grievance against their employer, independent contractors ...

Employee vs. Contractor – can you really put a label on it?
6 Jul 20

The contractor versus employee debate continues. Two recent Employment Court judgments released in short succession provide a helpful restatement of the law on classification as an employee. In both Leota v Parcel Express Limited and Southern Taxis Limited v A Labour Inspector the Employment Court ...

Resource Management Amendment Bill passes final reading
1 Jul 20

The Resource Management Amendment Bill (the Bill) passed its final reading on 25 June. The Bill seeks to improve Resource Management Act 1991 (RMA) processes and enforcement provisions, increase certainty and public participation, improve freshwater management, and clarify interaction between the RMA and climate change ...

After 27 years, the Privacy Act has been refreshed and modernised
29 Jun 20

Parliament has passed the Privacy Act 2020 with unanimous support.   The Privacy Act 2020 comes into force on 1 December 2020. The key reforms of the new Act include: Mandatory notification of harmful privacy breaches If organisations or businesses have a privacy breach that ...

Cyber risk: a changing landscape
26 Jun 20

It has been reported that the latest ransomware attack against the brewer, Lion Australia, came with a demand for US$800,000. Is the recent spate of cyber attacks in Australia a cause for concern here in NZ? And how well prepared are businesses for this threat? ...

Anderson Lloyd represents Otago Polytechnic in New Zealand’s first judgment ordering a court-ordered enforceable undertaking
23 Jun 20

On 18 June 2020 Judge Kevin Phillips delivered a judgment sentencing Otago Polytechnic for an offence under the Health and Safety at Work Act 2015. Instead of ordering a significant fine, the judgment ordered New Zealand's first ever court-ordered enforceable undertaking. Otago Polytechnic, represented by ...

Which mid-tier law firms took COVID-19 coronavirus wage subsidy and how they’re coping
22 Jun 20

Article published in the Business section of the New Zealand Herald on Sunday 21 June. Commentary by Sasha Borissenko It would be unfair to simply focus on the top-tier law-firms , and their at-times problematic exploits. It's time to look at the mid-tier firms and ...

Renewed focus on nature of employment relationships
18 Jun 20

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Thursday 18 June. The various levels of the COVID-19 lockdown brought challenges to New Zealand businesses. There have also been a number of lessons. Annual leave accruals ...

COVID-19 Recovery (Fast Track Consenting) Bill introduced to Parliament
17 Jun 20

We have been following the RMA legislation which provides for fast track consenting and can provide a further update now that the COVID-19 Recovery (Fast Track Consenting) Bill is available. The purpose of this legislation is to urgently promote employment growth to support New Zealand's ...

Wage Subsidy Extension
15 Jun 20

As part of the Government's budget announcement on 14 May 2020, the COVID-19 wage subsidy was extended. Around half of all working-age New Zealanders received the original wage subsidy. The Government estimates that some 230,000 businesses will be eligible for the extension. The new scheme ...

Commencement of the Overseas Investment (Urgent Measures) Amendment Act
10 Jun 20

The Overseas Investment (Urgent Measures) Amendment Act 2020 (Urgent Measures Act) has received Royal Assent and the majority of the changes will come into force on 16 June 2020. As covered in our 19 May article, the Urgent Measures Act implements a number of changes ...

Proposed changes to the Construction Contracts Act 2002 aim to provide more protection for subcontractors
3 Jun 20

Retentions regime shake up to provide subcontractors with greater security in the event of business failure The Construction Contracts Amendment Act 2015 introduced significant changes to the Construction Contracts Act 2002 (CCA), most notably by introducing the retentions regime, which aimed to put in place ...

Sweeping changes to freshwater management announced
28 May 20

The Ministers for the Environment and Primary Industries announced today Cabinet's decision approving a suite of reforms for the management of freshwater. Changes to the RMA, a new National Policy Statement (NPS), a new National Environmental Standard (NES) and regulations for stock exclusion and mandatory ...

Business Debt Hibernation – the lowdown
20 May 20

The 'Business Debt Hibernation' process is one of a number of new initiatives introduced to mitigate the business impact of COVID-19.   What is the purpose of BDH? The Business Debt Hibernation or BDH process provides an opportunity for businesses facing significant cash-flow problems due ...

Urgent changes to the Overseas Investment Act 2005
19 May 20

In response to COVID-19, the Government has announced urgent changes to the Overseas Investment Act (Act). As part of its 'phase 2' reforms, the Government had been progressing a range of changes to the Act under the Overseas Investment Bill (No. 2) 2020 (No. 2 ...

COVID-19: Changes to the Immigration Act 2009
15 May 20

The Immigration Act 2009 is predicated on managing individual applications, and its limited emergency provisions do not cover the unprecedented issues created by COVID-19.  Amendments designed to provide more flexibility in responding promptly to issues affecting large groups of people came into force today, 15 ...

COVID-19 Recovery (Fast Track Consenting) Bill being drafted
13 May 20

Following on from our recent article on RMA reforms to fast track projects, the Government has today released the Cabinet Paper on the drafting of this new legislation. We take a closer look at the details here. Starting with an acknowledgement that the RMA does ...

COVID-19: Health and safety considerations for businesses and employers at Alert Level 2
12 May 20

The Prime Minister has announced that as of 14 May 2020, New Zealand will move into the less restrictive Alert Level 2.  At Alert Level 2 the majority of New Zealand businesses will be permitted to physically open and resume trade. This article discusses what ...

COVID-19 update: Changes to the Parental Leave Scheme
12 May 20

The COVID-19 Response (Further Management Measures) Legislation Bill (the Bill) has introduced changes to the parental leave scheme. Under the proposed amendments to the parental leave scheme governed by the Parental Leave and Employment Protection Act 1987 (the Act), essential workers who are currently on ...

RMA reform to fast track shovel ready infrastructure (and other) projects
4 May 20

In the words of Minister Parker speaking on proposed Covid-19 reforms to the RMA; "these are extraordinary times that need extraordinary solutions". On Sunday 3 May 2020, the Government announced Cabinet approval to amend the Resource Management Act 1991 (RMA) through the Covid-19 Recovery (Fast ...

Government expands Essential Workers’ Leave Support
28 Apr 20

As from Friday, 1 May businesses can make application to the Ministry of Social Development for Workers' Leave Support. Under the broadened criteria, the COVID-19 Leave Support Scheme will be available to all businesses, organisations and self-employment people, not just essential services. The other criteria ...

Level 3 employment considerations
25 Apr 20

With New Zealand moving to a Level 3 alert at 11.59pm on Monday, 27 April 2020 many employees will be returning to work. The below article considers what factors an employer should be considering in order to facilitate this return to work, as well as ...

Lender update: Consumer relief and lender guidance in light of COVID-19
23 Apr 20

Parliament has recently implemented exemption regulations to provide for consumer mortgage relief in certain situations The Credit Contracts and Consumer Finance (Exemptions for COVID-19) Amendment Regulations 2020 (Amendment Regulations) were passed by Parliament on 31 March 2020 and came into force on 1 April 2020. ...

Frazer Barton elected as South Island Vice-President on the New Zealand Law Society Board
23 Apr 20

We would like to congratulate our Chairman of partners and Head of Litigation, Frazer Barton for receiving the honour of being elected to the Board of the New Zealand Law Society (NZLS) as South Island Vice- President. The Board acts as the governing body, managing ...

Summary of corporate insolvency regimes and the new “business debt hibernation” regime
20 Apr 20

Given the challenging business conditions as a result of the Covid-19 pandemic, an unfortunate consequence may be that we see a number of businesses fail. In light of this we set out below an overview of the various corporate insolvency regimes. In addition, we also ...

Working together in good faith is crucial for survival, recovery
17 Apr 20

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Friday 17 April. COVID-19 and the Level 4 lockdown have created myriad issues for employers and employees alike. It's not possible in this brief article to cover ...

Government extends timetable for collective bargaining
17 Apr 20

An Order in Council under the Epidemic Preparedness Act came into force on Thursday 16 April 2020 which makes temporary changes to the Employment Relations Act 2000 in relation to Collective Bargaining. Most of the changes relate to extensions for various timeframes. The changes acknowledge ...

COVID-19: New government support for landlords and tenants
15 Apr 20

In response to the ongoing COVID-19 Pandemic, on 15 April 2020 the Government announced new measures to support commercial landlords, tenants and property owners with mortgages. These changes are summarised below. Commercial lease cancellation Under the Property Law Act 2007 (Act) in its current form, ...

COVID-19 and Directors’ Duties: Navigating the way forward for your company in times of financial stress
15 Apr 20

With the current COVID-19 lockdown and likely recession to follow, many companies' businesses will come under significant financial stress, with cash flow and the ability to pay creditors severely impacted. The Companies Act 1993 (Act) imposes certain duties on directors to protect creditors and it ...

COVID-19 Exemption Relief for Capital Raising
9 Apr 20

Takeovers Panel announces temporary class exemptions to assist Code companies to raise capital On 10 April 2020 a suite of temporary class exemptions granted by the Takeovers Panel will come into effect. The exemptions are set out in the Takeovers Code (Facilitation of Capital Raising ...

Sick leave: Essential Workers’ Leave Scheme (updated)
8 Apr 20

Details of the new sick leave scheme for essential workers have been clarified and the scheme is available from Monday 6 April, for a period of at least 8 weeks((https://www.beehive.govt.nz/release/essential-workers-leave-scheme-established)). Payments The Beehive press release confirms essential workers who take leave from work to comply ...

COVID-19 response: Council meeting procedures
7 Apr 20

From 26 March 2020, the COVID-19 Response (Urgent Management Measures) Legislation Act 2020 introduces changes to the way in which local authorities conduct their meetings and provide information to the public. An amendment to the Local Government Act 2002 (LGA) provides local authority members with ...

Another step closer to New Zealand’s new privacy landscape
6 Apr 20

Changes to the Privacy Bill (Bill) introduced by Justice Minister Andrew Little via Supplementary Order Paper (SOP) on Tuesday 17 March 2020 mean we are one step closer to firming up New Zealand's new privacy and data management regime. This new regime is set to ...

COVID-19: Changes to the Companies Act 1993 and insolvency relief
6 Apr 20

The Government has announced that it will be introducing legislation to make changes to the Companies Act to help businesses facing insolvency due to COVID-19 to remain viable. We are broadly supportive of these changes which are a pragmatic response to the crisis and follow ...

Avoiding close relationships: force majeure
3 Apr 20

The escalation of the COVID-19 crisis around the world has forced many to review their contractual relationships. In particular, the term 'force majeure' has become the focus of close scrutiny. It is likely to be a concept which is tested and developed further as the ...

Sick leave: Essential Workers’ Leave Scheme
2 Apr 20

Details of the new sick leave scheme for essential workers were announced today and the scheme will be available on Monday 6 April, for a period of at least 8 weeks ((https://www.beehive.govt.nz/release/essential-workers-leave-scheme-established)). The Beehive press release confirms essential workers who take leave from work to ...

COVID-19 – Wage Subsidy Q & A
1 Apr 20

The Government is regularly updating and finessing the Wage Subsidy Scheme. Here Malcolm Couling answers some of the questions commonly asked by businesses.   Q: What does 'best efforts to pay 80% mean? A: The starting point is often overlooked – you should being paying ...

Lockdown – public holidays and annual leave obligations
1 Apr 20

With the Easter public holidays set to fall during the current COVID-19 lockdown period it is necessary for employers and employees to understand their obligations and rights. In this article our specialist employment law team examines the issues of payments for public holidays as well ...

Privacy issues in the workplace with COVID-19
1 Apr 20

In these highly unusual circumstances we are all, employee and employers, required to continue to comply with the usual good faith requirements of the Employment Relations Act. The calls for calm and common sense when dealing with COVID-19 are the best way to help us ...

Understanding leave entitlements during COVID-19
1 Apr 20

Can I make my staff take annual leave or alternative days if our business is also claiming the wage subsidy? The guidance from the government on the interaction between the wage subsidy scheme and leave is that employees cannot be unlawfully required or compelled to ...

Job security and redundancy during a pandemic: COVID-19 considerations
1 Apr 20

A nationwide lockdown is a new challenge for New Zealand, and the consequences for businesses and employees are yet to be determined. Many employers may be wondering how they will manage this period, and whether, going forward, they can retain full employment. The New Zealand ...

Working from home – Who is responsible?
1 Apr 20

On Monday, 23 March 2020, Prime Minister Jacinda Ardern declared a nationwide “level four alert” effective from 11.59pm, 25 March 2020, requiring the shutdown of all businesses, with the exception of essential services. Thousands of employees will now be required to work from home. But ...

Latest Update to Essential Businesses
31 Mar 20

The Government updated its definition of 'essential businesses' late on the afternoon of 30 March 2020. There is greater clarification on essential non-food consumer products. Businesses are able to sell essential non-food consumer products provided they do so in a way that protects the public ...

How essential is justice? An overview of the availability of courts and tribunals during Alert Level 4
31 Mar 20

Courts and tribunals are responding to the Alert Level 4 in different ways. This article explains which services are considered "essential" and the latest measures in place to ensure our justice system adapts and complies with new requirements. Following the Government's decision to place New ...

COVID-19: Immigration update for visa holders
31 Mar 20

The New Zealand government recently issued an Epidemic Management Notice, designed to inform and support some visa holders. On 24 March 2020 the Prime Minister, together with the Minister of Immigration and Minister for Social Development, issued an Epidemic Preparedness (Epidemic Management- COVID-19) Notice 2020. ...

Guidance note for property settlements during the Level 4 lockdown period
30 Mar 20

At 11.59pm on Wednesday, 25 March 2020, New Zealand moved into Alert Level 4 as a response to the novel coronavirus, Covid-19, putting almost everyone in lockdown and leaving many with uncertainty in respect of property settlements that are scheduled to take place within the ...

Major Update to Wage Subsidy Scheme
27 Mar 20

The Government has made major modifications to the wage subsidy scheme to ensure people don’t lose their jobs during the national lockdown. The changes will apply from 4pm today. The key points are discussed below: Key points: The modifications focus on keeping businesses and workers ...

Te Waikoropupū Springs recognised for outstanding status in perpetuity
26 Mar 20

Special Tribunal recommend Water Conservation Order (WCO) over Te Waikoropupū Springs and her associated wai. After almost two years deliberation, the Special Tribunal appointed to hear an application for a WCO over Te Waikoropupū Springs and associated wai (water) has released its Report on the ...

Effect of COVID-19 on leases
25 Mar 20

As the impacts of the COVID-19 pandemic continue to grow all businesses will need to consider its current and future impacts on their commercial position. A key commercial arrangement for many businesses is their leases. As we enter into a period of "lock down", businesses ...

COVID-19: Work visas, redundancy, and travel restrictions
20 Mar 20

Border and travel restrictions, self-isolation requirements, drastically reduced tourist numbers, and an impending recession - all consequences of the current Covid-19 virus outbreak - will result in a significant increase in redundancies in both the short and long term in New Zealand. If you are ...

Update for employers: Government COVID-19 package
19 Mar 20

On 17 March the Government announced an economic response package to mitigate the impact of COVID-19. The total package is valued at $12.1B. Two parts of that package are especially relevant to businesses.   The Wage Subsidy Scheme Wage subsidies (paid to an employer as ...

Official Information and Councils – the Ombudsman is looking at you!
3 Mar 20

In November 2019 the Ombudsman published the latest in a series of Practice Reports examining Local Government compliance with the Local Government Official Information and Meetings Act 1987 (LGOIMA). LGOIMA aims to ensure local authority accountability and transparency by increasing public access to official information ...

Otago construction boom brings responsibilities
2 Mar 20

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 3 March. It seems that Otago is at the beginning, if not in the midst, of a construction boom. Dunedin’s hospital, school expansions, hotels and houses ...

Proposed changes to the New Zealand Emissions Trading Scheme and Climate Change Response Act 2002
24 Feb 20

An updated version of this article can be found here -    After undertaking reviews of the New Zealand Emissions Trading Scheme (ETS) in 2015 – 2016, the Government has now acknowledged the current ETS is not being utilised to its full potential. In pursuit ...

Recent Prosecutions of Forestry Companies
24 Feb 20

Flooding in some regions of New Zealand over the past few years has highlighted the need for careful environmental management and monitoring of forestry estates, particularly in areas where there is a high risk of erosion due to the underlying terrain. Several forestry companies have ...

Coronavirus: Key Employment Law questions
12 Feb 20

The outbreak of the 2019-nCoV (Coronavirus) epidemic in China has New Zealand at stage II of its framework for action: New Zealand Influenza Pandemic Plan (NZIPP).  We are currently attempting to "Keep It Out" through border controls, restrictions and preventative action so that we never ...

Coronavirus: Headline thoughts for New Zealand businesses
5 Feb 20

The novel coronavirus is giving the world a major scare. There is no doubt that it is also going to present New Zealand with an economic speedbump this year.  Many businesses are already experiencing the direct impact of coronavirus. We have seen some exports to ...

Consumer credit law changes and their impact on lenders
29 Jan 20

The Credit Contracts Legislation Amendment Bill that we reported on last year has now been passed into law. The Credit Contracts Legislation Amendment Act 2019 was passed in December 2019.  The Act sets out a number of changes to the Credit Contracts and Consumer Finance ...

Commerce Act 1986: Recent significant developments
27 Jan 20

2019 saw a number of significant developments in relation to the Commerce Act 1986. These developments included: The Commerce (Criminalisation of Cartels) Amendment Act 2019 was passed into law. MBIE published a Discussion Paper consulting on proposed changes to section 36 of the Act. The ...

Fair Trading Amendment Bill
22 Jan 20

The Fair Trading Amendment Bill aims to better protect consumers and small businesses. A Bill to amend the Fair Trading Act 1986 was introduced to Parliament on 17 December 2019.  The Bill aims to better protect consumers and small businesses from 'unfair' commercial practices. Three ...

Christchurch City Council proposes changes to Airbnb rules
22 Jan 20

The Christchurch City Council has released a discussion document on proposed changes to the Home Share Accommodation (HSA) rules in the Christchurch District Plan. HSA includes properties available through sites such as Airbnb and Bookabach. The potential change in rules may affect a variety of ...

Takeovers update
14 Jan 20

Update to definition of "code company" narrows application of Takeovers Code The Regulatory Systems (Economic Development) Amendment Act (No 2) 2018 came into force on 13 January 2020.  Broadly, the Act makes discrete amendments to economic development legislation for the purpose of improving regulatory systems ...

Legal questions around requirements for overnight staff
13 Jan 20

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 6 January. The University of Otago announced in October that it would build a $90 million residential hall. The plan is for a new 450-bed residential ...

The Farm Debt Mediation Act 2019 introduces a new mandatory mediation scheme
20 Dec 19

The Farm Debt Mediation Bill (No 2) received Royal Assent on 13 December 2019 and is now the Farm Debt Mediation Act 2019. This Act introduces a mandatory farm debt mediation scheme which will become operational from 1 July 2020. This Act was introduced in ...

Inland Revenue releases new proposal for purchase price allocations
18 Dec 19

Inland Revenue wants buyers and sellers to file consistent tax returns based on agreed or determined purchase price allocations. It is concerned that buyers and sellers are taking different positions on the value of the assets, in order to maximise their tax positions. This can ...

Employment Court clamps down on breaches of minimum entitlements
17 Dec 19

In the recent decision Labour Inspector v Parihar [2019] NZEmpC 145 the Employment Court imposed significant penalties on liquor store owners who breached the minimum entitlement provisions contained in the Minimum Wage Act 1983 and Holidays Act 2003. Proceedings were commenced by the Labour Inspectorate ...

Changes to the Residential Tenancies Act – Fairer Rules for Tenants and Landlords
28 Nov 19

The reform of the Residential Tenancies Act 1986 (Act) aims to introduce new protections for both tenants and landlords, and encourage good-faith relationships. Home ownership is decreasing while renting is consistently on the rise with one-third of New Zealanders now renting. There are a number ...

Review of Crown Minerals Act 1991
25 Nov 19

The Ministry of Business Innovation and Employment has published a discussion document on the Review of Crown Minerals Act 1991 (CMA). The document can be found here. This document is for consultation, it is not in the form of a draft Bill. Submissions close on ...

New material changes to overseas investment rules – national interest test and others
21 Nov 19

On 19 November 2019 the Government released some of its proposed changes under its "Phase 2" reforms to the Overseas Investment Act 2005 (OIA). Below is a high level summary of the proposed changes. National interest test Under this test overseas investment in ports and ...

Resource management system reform – Issues and options paper released for comment
21 Nov 19

The Resource Management Review Panel has released an Issues and options paper identifying fourteen issues and some initial options for reform of the resource management system. In July 2019 the Government announced it would undertake a comprehensive review of our resource management system, and established ...

Update on Zero Carbon Bill and agricultural emissions
14 Nov 19

The Zero Carbon Bill has been passed with bi-partisan support, while the Government has agreed to work with farmers to reduce emissions outside of the Emissions Trading Scheme (ETS). Zero Carbon Bill The Government passed the Zero Carbon Bill last week with near unanimous support. ...

Business succession – Topical Issues
11 Nov 19

We have all heard the noise around business succession, the ageing demographic and the wave of business sales to come. Interestingly, the predicted large numbers of business owners retiring and selling their business has not quite eventuated. There are a number of reasons for this. ...

Employment arrangements found to constitute premium
29 Oct 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Tuesday 29 October. The Wages Protection Act prohibits an employer from seeking or receiving any premium in respect of employment of any person. That is the case ...

Queenstown Lakes District Council Proposed District Plan – Stage 3 Notified
10 Oct 19

The Queenstown Lakes District Council has recently notified Stage 3 of the District Plan Review. Submissions close 18 November 2019 Stage 3 is on the Industrial Zones, Township/Settlements Zones, Wahi Tupuna, Three Parks Commercial Zone, new Residential Design Guidelines and Business Mixed Use Zone Design ...

Premiums paid for employment
9 Oct 19

The Wages Protection Act prohibits an employer from receiving payments to effectively secure employment. These payments are called ‘premiums’. The decision of Kazemi v RightWay Limited dealt with an argument that Ms Kazemi had paid a premium in respect of her employment. The Court described ...

Fixing your fixed term agreements
9 Oct 19

The law requires that employment may only be “fixed term” if the employer has genuine reasons based on reasonable grounds for specifying why the term is fixed. The recent Employment Court decision of Morgan v Tranzit Coachlines has shed light on what is a genuine ...

Calculating payment for public holidays, sick, bereavement and domestic violence leave
9 Oct 19

The Employment Court has recently clarified how employers should calculate an employee’s remuneration for public holidays, alternative holidays, sick leave, bereavement leave and domestic violence leave (Other Leave). Employees are entitled to be paid for Other Leave at a rate of either “relevant daily pay” ...

Redundancy and parental leave – mutually exclusive?
9 Oct 19

Can someone be made redundant when they are on parental leave? This article looks at when this can occur, the obligations of employers, and what is considered fair process during restructuring when an employee is on parental leave. Sometimes the needs of a business change ...

Employment Relations – (Triangular Employment) Amendment Act 2019
9 Oct 19

Employees in triangular employment relationships are afforded new protections under new employment legislation. On 27 June 2019, 11 years after the bill was first introduced to Parliament, the Employment Relations (Triangular Employment) Amendment Act (the Act) received Royal Assent. The Act amends the Employment Relations ...

Notification of Stage 3 of the Queenstown Lakes Proposed District Plan
19 Sep 19

Stage 3 of the Queenstown Lakes Proposed District Plan was notified on Thursday 19 September 2019. Stage 3 includes: The review of the following Operative District Plan zones: Industrial A and B Zones; Ballantyne Road Mixed Use Special Zone; Three Parks Special Zone; Township Zones. ...

Major freshwater reforms released for consultation
9 Sep 19

On 5 September 2019 the Government released the latest part of the Essential Freshwater package for consultation. The proposal seeks to stop further degradation and reverse past damage of New Zealand's freshwater resources, and has potential implications for all of those who use or manage ...

Employment law changes related to personal grievances
9 Sep 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 9 September. The Labour-led Government has recently brought in a number of changes to employment law. In December last year and May this year there were amendments ...

Government seeking feedback on Hydrogen’s potential role in the New Zealand economy
5 Sep 19

The Government has released a Green Paper – A vision for Hydrogen in New Zealand. The Green Paper is part of a renewable energy strategy work programme which is looking to address barriers to investment in new renewable energy as New Zealand seeks to reach ...

Government releases draft 10-year Minerals and Petroleum Resource Strategy for public consultation
28 Aug 19

The Minerals and Petroleum Strategy identifies the need to take action against the existential threat of climate change, and that the transition towards a low emissions economy needs to be a just one. Fossil fuels will continue to play a role in providing secure, affordable ...

National Policy Statement proposed for Urban Development
22 Aug 19

The Government released a discussion document on a proposed National Policy Statement for Urban Development (NPS-UD) on 21 August The purpose of the NPS-UD is to provide direction to local authorities under the Resource Management Act (RMA) about when and how urban areas should plan ...

Policies, Procedures and the Exercise of Discretion
21 Aug 19

In an article published on Legalwise earlier this month, Employment Partner John Farrow discusses the full Employment Court decision of Matthews v Bay of Plenty District Health Board that traverses a number of issues, including discretionary gratuities and the legal status of policies. The Law ...

National Policy Statement proposed for protection of Highly Productive Land
15 Aug 19

On 14 August 2019 the Ministry for the Environment (ME) and Ministry of Primary Industries (MPI) released a discussion document on a proposed National Policy Statement for Highly Productive Land (NPS-HPL). The purpose of the NPS-HPL is to improve the management of highly productive land, ...

Government 3 Waters Review
7 Aug 19

On 1 August 2019 the Government, by joint announcement from the Honourable Dr David Clark and the Honourable Nanaia Mahuta, announced wide spread changes to manage the provision of drinking water and the management of storm water, and waste water reticulation and discharge. The Government ...

The arrival of the Trusts Act 2019
6 Aug 19

After much anticipation, the Trusts Bill obtained Royal assent on 30 July 2019, the final stage in becoming an Act of parliament, and is now the Trusts Act 2019 (the Act). The Act makes important changes to trust law in New Zealand and replaces the ...

Mediation can get to heart of employment problems
1 Aug 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Thursday 1 August. Last Friday, after 44 years as a mediator with MBIE, Walter Grills retired. Walter has variously been described as an icon and a legend. ...

Policy nod given to marine aquaculture as an important component of New Zealand’s primary sector
30 Jul 19

The Minister for the Environment and the Minister of Fisheries have formally announced that Cabinet has approved the final policy provisions of the National Environmental Standard for Marine Aquaculture (NES) issued under the Resource Management Act 1991 relating to the replacement consenting process for existing ...

Significant reform proposed for “outdated” Property (Relationships) Act 1976
29 Jul 19

The Law Commission has recently published its final report on the Property (Relationships) Act 1976 (PRA). The PRA governs how relationship property should be divided when a relationship ends by separation. The Commission has concluded that the PRA is outdated and ought to be repealed ...

Resource Management Act overhaul announced
25 Jul 19

A comprehensive review of New Zealand's resource management system, to be undertaken by an Expert Advisory Group, has been announced by the Minister for the Environment. The review aims to "improve environmental outcomes and enable better and timely urban development within environmental limits". It will ...

Government taking action on agricultural emissions
19 Jul 19

The Government has released details of its proposals for lowering agricultural emissions and is now seeking your feedback. Reducing agricultural emissions is a key part of the Government’s plans to transition to a low-emission economy and achieve its 2050 targets in the Zero Carbon Bill. ...

Phase 2 Overseas Investment Act reforms
18 Jul 19

Following on from the Government's first round of reforms (primarily relating to investments in residential properties and forestry), the Treasury has launched public consultation on 'Phase 2' of potential reforms to the Overseas Investment Act 2005. Anderson Lloyd is generally supportive of the stated objectives ...

Anderson Lloyd Property Team authors Chambers and Partners 2019 Global Practice Guide on Real Estate
16 Jul 19

Our industry leading Property Team is proud to have contributed as the sole author of the New Zealand chapter of the Chambers and Partners 2019 Global Practice Guide on Real Estate. Chambers and Partners is often referred to as ‘the gold-standard’ in independent legal research ...

Employment Law: The ins and outs of the ERA’s decision involving Southern Taxis Ltd
9 Jul 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 8 July. Last year I wrote an article on "Employment in the Gig Economy". In that, I referred to the Employment Relations Authority decision involving Southern ...

Dam safety in the spotlight
8 Jul 19

The Ministry of Business, Innovation and Employment has opened consultation on proposed safety regulations for New Zealand’s large dams. The regulations would bring into effect the framework for dam safety, which could see a raft of new monitoring and compliance requirements for dams across New ...

Summary of Zero Carbon Bill
10 Jun 19

Column written by Christchurch Partner David Goodman and Solicitor Reuben Adams-Cook, published in the June issue of the Ashburton Guardian Farming feature. The Climate Change Response (Zero Carbon) Amendment Bill (Zero Carbon Bill) was released on May 8, 2019 after a longer than anticipated public ...

The Four Well-beings – change to the Local Government Act 2002
28 May 19

The Government has just passed an Act to reinstate the four well-beings into the Local Government Act ((Local Government (Community Well-being) Amendment Act 2019)). This reintroduces what the previous National led Government changed in 2012. The purpose of the Local Government Act ((Section 3))is changed ...

Employment Relations Authority breaks new ground over collective agreement
27 May 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Saturday 25 May. The decision of "Jacs Hardware & Timber Limited v First Union Inc." is the first time the Employment Relations Authority has fixed the provisions ...

Government proposes major changes to building laws
13 May 19

On 14 April 2019 the Government announced its proposal to make the biggest changes to New Zealand's building laws in over a decade. The changes aim to address long-standing challenges in the building sector and tackle a number of concerns, with the key issues being: ...

Overseas Investment Amendment Act 2005 – stage 2 reforms
18 Apr 19

On 22 August 2018, as part of its overhaul of overseas investment in New Zealand, the new Government enacted the Overseas Investment Amendment Bill. This amended the Overseas Investment Act 2005 ("Act"). On 17 April 2019 the Treasury released its consultation paper on stage 2 ...

Consumer credit law changes now before Parliament
16 Apr 19

The Government has just introduced the Credit Contracts Legislation Amendment Bill to amend consumer credit laws. When the proposed changes were announced last year they were announced as being aimed at loan sharks and mobile lenders, to protect vulnerable borrowers from harmful debt spirals. However, ...

Sharing material on social media may have employment repercussions
1 Apr 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 1 April. The GoPro footage of the Christchurch terrorist attack has prompted debate about the policing of social media sites. A number of corporates have withdrawn ...

Mainzeal – the lessons for directors
27 Feb 19

The High Court has now released a much anticipated decision on directors' liability in relation to the collapse of construction firm Mainzeal. Mainzeal Property and Construction Limited was a significant player in the New Zealand construction industry prior to its collapse in early 2013. Mainzeal's ...

Contract Law: Give them a break – law changes focus on wellbeing
26 Feb 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Tuesday 26 February. By now, the Christmas holidays will be a distant memory. However, we all understand the importance of a break away from the daily grind. ...

Moratorium on Christchurch plan changes to be lifted
25 Feb 19

The Minister for Greater Christchurch Regeneration has recently announced that the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 (the Order) will be revoked on 18 March 2019. This is a significant rebuild milestone. The Order established special emergency planning process for the review and ...

Business contracts – a reminder of why the words matter
18 Feb 19

The Court of Appeal recently released a decision relating to the sale and purchase of a business. The result is that the purchaser has to pay a further $1 million for the business, based on the wording in the contract. The case serves as an ...

Reimagining the RMA: EDS Resource Management Reform Report
14 Feb 19

Environmental Defence Society (EDS) has released its Reform of the Resource Management System: The Next Generation Synthesis Report. The Report discusses the development of the resource management system, current challenges facing New Zealand, and potential paths for reform. The Report follows Phase 1 of the ...

The Lie of the Land: Property Case Law Developments in 2018
11 Feb 19

Last year saw some interesting, and somewhat surprising, property law developments. The Anderson Lloyd property team have summarised some of the key cases below with key take out points included for future reference.   Liabilities of earthquake prone building owners Alura Ltd v Hutt City ...

Recommendations from the Fair Pay Agreement Working Group
8 Feb 19

On 31 January the coalition government released the Recommendations from the Fair Pay Agreement Working Group report. Fair pay agreements would set minimum working conditions and wage rates across a specific sector or occupation.   The working group (chaired by former National prime minister Jim ...

Employment Contract Law: Reinstatement to be first course of action considered for unfair dismissals
14 Jan 19

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Thursday 3 January. The Employment Relations Amendment Act was passed on 5 December. Most changes will take effect over two stages, on 12 December 2018 and on ...

Lightning strikes by court staff tricky
3 Dec 18

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 3 December. It seems to be the year for strikes. Nurses went on strike over staff levels and pay. Teachers have been striking on and off ...

Government Three Waters Review
21 Nov 18

On 20 November 2018 the Government announced more details on its Three Waters Review. This is a wide ranging review, potentially leading to dramatic change on how drinking water, stormwater and wastewater systems currently administered by Councils will be operated. A link to the approved ...

Draft Future Development Strategy for Greater Christchurch open for feedback
2 Nov 18

The Greater Christchurch Partnership has released the draft 'Our Space 2018-2048: Greater Christchurch Settlement Pattern Update', which will set the long term planning strategy for Christchurch City and parts of Selwyn and Waimakariri Districts. Submissions can be made until 30 November 2018. Our Space 2018-2048: ...

The Overseas Investment Amendment Act 2018: What it means for the forestry industry
26 Oct 18

On 22 October 2018, the much publicised Overseas Investment Amendment Act 2018 (Amendment Act) and the Overseas Investment Regulations 2018 (Regulations) came into force. The Amendment Act represents a dramatic shift in how overseas investment in forestry will be considered under the overseas investment regime. ...

Essential freshwater – lots of work to do
9 Oct 18

The Ministers for the Environment and Agriculture have announced the Government's programme of work for the management of freshwater for the next two years. The Essential freshwater: Healthy water, fairly allocated document is available on the Ministry for the Environment's website. The most significant changes ...

Contract Law: Proposal over contractors would spell big changes
4 Oct 18

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 1 October. THE Labour-led Government signaled that within the first 12 months it would introduce statutory support and legal rights for dependent contractors ‘‘who are effectively ...

Equal Pay Amendment Bill introduced
25 Sep 18

On 19 September 2018, on the 125th anniversary of women's suffrage in New Zealand, an Equal Pay Amendment Bill was introduced to Parliament. The bill was jointly introduced by Minister for Workplace Relations and Safety, Iain Lees-Galloway, and Acting Minister for Women, Eugenie Sage. The ...

The new overseas investment landscape – the Overseas Investment Amendment Act 2018
12 Sep 18

On 22 August 2018, royal assent was given to the Overseas Investment Amendment Bill, amending the Overseas Investment Act 2005 ("the Act").   Passage of the Bill It has taken longer than anticipated but the Amendment Act has been given Royal Assent. The Amendment Bill ...

Domestic violence leave acknowledges harm
10 Sep 18

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 3 September. The employment relationship is probably the second most significant relationship we experience. The employer employs the entire person, not just their working self. Inevitably the ...

United Kingdom Supreme Court confirms the validity of ‘no oral modification’ clauses
27 Aug 18

The UK has clarified its stance on the enforceability of 'no oral modification' clauses in commercial contracts. Will New Zealand follow suit? The recent case of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 gave the United Kingdom Supreme Court the ...

Court of Appeal decision on application of King Salmon reasoning to resource consents ‘flip flops’ RMA case law. Again.
22 Aug 18

Since the Supreme Court's foundational 'King Salmon' Decision in 2014((Referring to Environmental Defence Society Inc v The New Zealand King Salmon Co Ltd [2014] NZSC 38, [2014] 1 NZLR 593 (King Salmon) )) , there has been an evolutionary approach in RMA case law as ...

What are banks looking for from irrigation projects?
21 Aug 18

Column written by Christchurch Partner David Goodman, published in a Water and Irrigation feature in the Ashburton Guardian. With the pending demise of Crown Irrigation Limited from funding either new or expanding irrigation schemes there is an increasing focus on what bank requirements are for ...

Domestic Violence Victims’ Protection Act 2018
8 Aug 18

The Domestic Violence Victims' Protection Act 2018 (the Act) has received Royal Assent and comes into effect from 1 April 2019. Domestic violence has a damaging impact on victims' lives. The Act enhances legal protections for victims and recognises the harm experienced and the influence ...

Replacement consents required for expiring mining privileges
7 Aug 18

Water permits granted in the Otago Region under previous mining legislation, referred to as 'mining privileges' or 'deemed permits', are due to expire. If your current water take is under a deemed permit for the taking, damming or discharging of water, you will need obtain ...

Mandatory insulation of rental properties by 1 July 2019
30 Jul 18

On 7 June 2016, the Government passed the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 ("Regulations"). Compliance with key provisions relating to insulation becomes mandatory on 1 July 2019. What do the Regulations require? In relation to insulation, the Regulations require: (a) the ceilings ...

Employment Court rulings define what is paid work
26 Jul 18

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Wednesday 25 July. Two recent decisions of the Employment Court have redefined what it means to be ''at work'', in separate employment issues scrutinised at Smiths City ...

Overseas Investment Amendment Bill – Finance and Expenditure Committee (“Committee”) Report
6 Jul 18

On 18 June 2018, the Committee released its report on the Overseas Investment Amendment Bill ("Bill"). This report recommended the Bill be passed with amendments. The Bill passed its second reading in the House on 26 June 2018. Progress of the Bill The progress of ...

Water quality improvements imminent
29 Jun 18

Minister for the Environment David Parker has signalled that the Government will be taking action on freshwater following the latest Land and Water Forum Report, and will develop a National Environmental Standard under the Resource Management Act 1991 (RMA) in the next 12 months to ...

Business Structures: Selecting the best vehicle for your business
22 Jun 18

A legal structure that is tailored to the needs of your business can be a vital tool to meet your business goals. All too often, clients come to us having already formed a company as their "default" business vehicle, without having considered any alternative legal ...

New legislation requires lawyers to obtain more information from clients before starting work
15 Jun 18

From 1 July 2018, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act) will apply to Anderson Lloyd and all other New Zealand law firms. The Act requires all law firms to mitigate the risk of being used to facilitate money laundering and terrorism ...

Consultation on the National Planning Standards
11 Jun 18

The 2017 amendments to the Resource Management Act 1991 (RMA) introduced a new type of regulation, being the National Planning Standards (Standards). The Standards are also known as template plans, the purpose of which is to provide consistency in plan and policy structure, format and ...

Employment Court can ban employers from hiring staff in serious cases
1 May 18

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday, April 30th 2018 How is an employer meant to continue operating its business if it is banned by the Employment Court from hiring staff? The simple ...

A single set of planning and development rules proposed for the West Coast
30 Apr 18

The Local Government Commission has published its draft proposal for a combined West Coast District Plan. It is proposed that the responsibilities of the Buller, Grey and Westland district councils to prepare and maintain a district plan under the Resource Management Act 1991 are to ...

Residential property – Bright Line Test extended
18 Apr 18

On 29 March 2018 the Taxation (Annual Rates for 2017-2018, Employment and Investment Income, and Remedial Matters) Bill became law. It extends the period of the bright line test from 2 years to 5 years.   What is the bright line test? The bright line ...

Holiday non-compliance significant business issue
11 Apr 18

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Saturday 7 April 2018 The New Zealand Police have recently made Holidays Act non-compliance remediation payments totalling around $39 million, with more to come, as it waits ...

New Supplementary Order Paper amending the Overseas Investment Amendment Bill
10 Apr 18

On 20 March 2018 the Government published a supplementary order paper (SOP) amending the Overseas Investment Amendment Bill (Bill). The Bill will amend the Overseas Investment Act 2005 (Act) and the initial draft of the Bill was focussed primarily on placing new restrictions on the ...

Rejig of Privacy Law
9 Apr 18

Privacy has been in the news lately with Cambridge Analytica use of Facebook data. Facebook was not imagined when the current Privacy Act was enacted in 1993. Despite the technological changes the Privacy Commissioner held that the current Privacy Act has been breached by Facebook ...

Government Policy Statement (GPS) on Land Transport 2018/2019 – 2027/2028
6 Apr 18

The GPS outlines the Government's plans for land transport investment over the next 10 years. This article focuses on the Government's key priorities in regards to land transport, where it plans to invest its money, and what this might mean for you. Shift in priorities ...

South Island High Country Access Report Released
5 Apr 18

The draft South Island High Country Access Report was released by The New Zealand Walking Access Commission Ara Hikoi Aotearoa on 27 March 2018. The Report addresses issues arising with public access to tracks and trails across private and multiple tenure land, in relation to ...

Working group on freedom camping may ease tensions
28 Mar 18

Column written by Queenstown Partner Maree Baker-Galloway, published in the business section of the Otago Daily Times on Monday 26 March 2018 Tension between freedom campers and residents peaked again this summer throughout Otago, following a season in which pressure was put on freedom camping ...

New Irrigation Company Exemption Notice fails to deliver on promise
21 Mar 18

Column written by Christchurch Partner David Goodman, published in the Autumn 2018 issue of Irrigation News NZ   The Financial Markets Conduct (Irrigation Companies) Exemption Notice 2018 (Irrigation Companies Exemption Notice) came into force on 19 January 2018. The Irrigation Companies Exemption Notice is along similar lines to ...

Government to review insurance contract law
15 Mar 18

The Ministry of Business, Innovation and Employment (MBIE) has announced plans to conduct a review of insurance contract law in mid-2018. In a statement released on 6 March 2018 MBIE, who will be responsible for undertaking the review, expressed concerns that New Zealand's current insurance ...

The 2018-2028 Draft Ten Year Plan – Queenstown’s most ambitious yet
12 Mar 18

Queenstown Lakes District Council (QLDC) notified its 2018-2028 Long Term Plan (Plan) for public consultation on 12 March 2018, signalling rates increases and corresponding increases in investment into large scale projects such as arterial routes and parking in the CBD, a new Council building and ...

Tourism operator heavily fined for Employment Law breaches
8 Mar 18

South Island Tourism Company, Alps Travel Company Limited, has been penalised $75,000 plus pay and holiday pay arrears following an investigation by the Labour Inspector. The case demonstrates the protracted enforcement processes that can result from failing to keep accurate employment records.   History of ...

Easter Sunday Trading
1 Mar 18

Since mid-2016 Territorial Authorities (City and District Councils) have been able to put in place local policies that allow shops within their area to trade on Easter Sunday. A number of local Councils (Central Otago District Council, Dunedin City Council, Queenstown Lakes District Council, Kaikoura ...

Criminalisation of cartel conduct proposed once again
1 Mar 18

The Government has introduced legislation to criminalise cartel conduct under the Commerce Act 1986. The Commerce (Criminalisation of Cartels) Amendment Bill was introduced to Parliament on 15 February 2018 and is expected to pass into law by April 2019. The proposed offence would target individuals ...

The Supreme Court rules on negligence in Stadium Southland
22 Feb 18

Negligence comes at a cost for Southland Leisure Centre Charitable Trust and the Invercargill City Council. The Supreme Court decision of Southland Leisure Centre Charitable Trust v Invercargill City Council (Stadium Southland) reaffirms the duty that all local authorities hold in respect of their obligations ...

90-day employment trials will remain
14 Feb 18

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Wednesday 14th February 2018 The Labour Government has heralded significant changes to employment relations legislation. Some of the proposed changes involving the film and television industry and ...

Anderson Lloyd reappointed to All of Government external legal services panel
12 Feb 18

Anderson Lloyd is pleased to once again be reappointed to the All of Government panel of external legal providers. Through the successful tender process led by the Ministry of Business, Innovation and Employment, we have been promoted as a provider of services for Environment & ...

“A fair day’s pay for a fair day’s work” – the Government announces the first instalment of proposed employment law changes
8 Feb 18

Workplace Relations and Safety Minister, Iain Lees-Galloway has announced the start of changes to workplace relations legislation. The Employment Relations Amendment Bill has been introduced to parliament. The Government will start undoing some of the changes made to employment law by the previous Government if ...

Tough rules for indigenous vegetation clearance, activities on lakes and rivers in the Mackenzie District
26 Jan 18

Mackenzie District Council has notified two new plan changes. Plan Change 18 is relevant to those interested in indigenous vegetation clearance, particularly for farm intensification, while Plan Change 19 will be of interest to people who undertake or are impacted by boating activities on lakes ...

ORC’s Proposed Changes to Water Management in the Arrow Catchment and Wakatipu Basin aquifers
24 Jan 18

The Otago Regional Council is preparing to make changes to Otago's Regional Water Plan regarding the Arrow Catchment and Wakatipu Basin aquifers, which will affect current and new permit holders relying on these water sources. The National Policy Statement for Freshwater Management now requires regional ...

Overseas Investment Amendment Bill
16 Jan 18

The new Government has introduced the Overseas Investment Amendment Bill (the Bill) as part of its 100 day commitment to ban overseas speculators from buying existing houses. The intent of the Bill is to ensure that overseas persons who are not resident in New Zealand ...

Still questions about Whittall’s $3.41m Pike deal
16 Jan 18

Column written by Dunedin Partner John Farrow,  published in the business section of the Otago Daily Times on Monday 8th January 2018   The tragedy at the Pike River mine in November 2010 triggered the enactment of the Health and Safety at Work Act 2015. ...

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. ...

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 ...

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 ...

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