Updates
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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, ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, 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 ...
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 ...
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 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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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). ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 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 ...
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 ...
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 ...
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 ...
[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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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), ...
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 ...
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 ...
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 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 ...
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 ...
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 - 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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 (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 ...
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 ...
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 ...
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, Presbyterian Support Otago and ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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). ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Only two South Island names feature in New Zealand Lawyer magazine’s list of the country’s most influential lawyers — and both are in Dunedin. Business editor Sally Rae talks to Anderson Lloyd partner Frazer Barton about building a flourishing career in the South. For Dunedin ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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). ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 (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 ...
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 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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 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 ...
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 ...
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: ...
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 ...
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 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 ...
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 ...
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. ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 (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 ...
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 ...
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 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 ...
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 ...
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 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 ...
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. ...
Check out our Property Team's summary of significant property case law developments across 2020 in our second edition of Real. below:
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 ...
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" ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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. ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 – ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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? ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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. ...
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 ...
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 ...
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 ...
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 ...
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” ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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: ...
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 ...
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, ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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: ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 & ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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. ...
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? 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 ...
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 (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 ...
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 ...
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 ...
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 ...
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 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. ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 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 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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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’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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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”. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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"), ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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; ...
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 ...
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 ...
Introduction On the 1st of October 2013, NZS 3910:2013 Conditions of Contract for Building and Civil Engineering Construction was released by New Zealand Standards. This is the first in a suite of documents to replace NZS 3910:2003. NZS 3916:2013 Conditions of Contract for Building and ...
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, ...
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 ...
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 ...
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 ...
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 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 ...
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; ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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: ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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, ...
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 ...
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 ("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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 . ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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" ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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? ...
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 ...
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 & ...
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 ...
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 ...
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 ...
Law firm Anderson Lloyd has donated $11,500 to food banks in the South Island this year instead of spending the money on Christmas gifts and cards. “Christmas is meant to be a joyous, family time of the year,” says Anderson Lloyd Chief Executive Richard Greenaway, ...
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 ...
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 ...
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 ...
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, ...
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 ...
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
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 ...
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
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 ...
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
Anderson Lloyd Lawyers Partner Mike Kerr provides some insight into the challenge of negotiating new commercial leases as the central Christchurch rebuild gains momentum. Read more: The changing nature of commercial lease negotiation in Christchurch
Heritage building owners need not be too concerned that the High Court decision last week to halt demolition of the Christchurch Cathedral puts a blanket ban on all heritage building demolitions. The High Court’s decision about demolition is about the terms of the trust that ...
New legislation will strengthen the regulation of offshore mining and essentially become a Resource Management Act for the sea, write Dunedin lawyers Sarah Simmers and Stephen Christensen. Read more: New Offshore Mining Laws
On 15 November a major report was issued by the Land and Water Forum ("the Forum"). This is its third report ("the Report") with recommendations to the Government for fresh water management in New Zealand and will be highly relevant to all with an interest ...
Anderson Lloyd Lawyers Partner Ben Johnston advocates a collaborative approach for landowners and property developers in the central Christchurch rebuild. Read more: Collaboration the Key to Rebuild Opportunities
A new decision from the High Court indicates that while we may not need to worry about seeing semi-nude photographs splashed through the tabloids like the Duchess of Cambridge and other celebrities, we may still be able to take court action to protect the privacy ...
A new Resource Management Amendment Bill has passed its first reading and is now to be considered by the Local Government and Environmental Select Committee. The Bill amends section 107 of the Resource Management Act 1991 which relates to the granting of discharge permits and ...
Legislation passed earlier this month will strengthen the regulation of offshore mining and essentially become a Resource Management Act for the sea, write Dunedin lawyers Sarah Simmers and Stephen Christensen. 2012-10_Offshore_Mining
Fundamental changes will soon be made to New Zealand's consumer lending laws. Anderson Lloyd Lawyers Partner Sarah Simmers highlights the key points. Sarah_Simmers_NBR_loan_sharks_1
The Government has introduced the Crown Minerals (Permitting and Crown Land) Bill to the House. This Bill contains significant changes to the regulatory regime affecting Crown-owned minerals and is designed to form part of the Government's strategy to promote further investment in the minerals sector. ...
The Government’s proposed reform of the Family Court is not protective of children and will effectively silence their voices in the Court. Last month the Government released a set of proposals for changes to the Family Court. Some of these have been welcomed by judges, ...
Standards New Zealand has released a draft amended NZS 3910 Conditions of Contract for Building and Civil Engineering Construction (DZ 3910) for public comment. Comments are due on Friday, 9 November 2012. This is not a complete overhaul of the standard, and so not all ...
The amendments and additions to the original Water Conservation Order ("WCO") seek to enable the use of water which is currently diverted and stored in Whakamātau/Lake Coleridge for hydro-electricity generation, for both hydro-electricity and irrigation uses. The decision does not increase the current consented takes ...
Concession holders should now have increased certainty and experience some improvements in concessions processing due to recent amendments to the Conservation Act 1987 ("CA"). The Conservation Amendment Act 2012 is the latest in a line of changes to the CA that flow from the Department ...
The Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill was tabled in Parliament today, 7 September. The Bill extends all of the substantive powers contained in the original ECan Act of 2010. The ECan Act 2010 was set to expire in 2013. The ...
"There are some important limits on an employer's ability to choose who is redundant." Prepared by Lesley Brook Who is actually redundant
The Recovery Plan defines the shape of the Central City, identifies the locations of key Anchor Projects to boost recovery and delivery implementation timelines. It includes a volume of amendments to the existing Christchurch City Plan. To view the Recovery Plan Analysis by Anderson Lloyd and ...
National List MP Chris Auchinvole had his Habeas Corpus Amendment Bill drawn from the ballot in Parliament on 28 June 2012. This bill, if passed in its current form, will amend the Habeas Corpus Act 2001. The amendments follow from recommendations made by the law ...
The High Court has confirmed the decision of the Environment Court that consent authorities cannot take into account the effects on climate change of the end use of coal when considering an application for consent for coal mining activities (Royal Forest & Bird Protection Society ...
The Resource Management (Restricted Duration of Certain Discharge and Coastal Permits) Amendment Bill ("the Amendment Bill"), a Members' Bill introduced by Green Party MP Catherine Delahunty, passed its first reading on 29 August 2012 with support from all parties, except ACT and National. The purpose ...
On 11 August 2012 the Proposed Canterbury Land and Water Regional Plan (PCLWRP) was publicly notified. The PCLWRP is the first time that the quality of water from various sources, in both urban and rural areas, has been comprehensively considered in Canterbury. It will put ...
The Central City Recovery Plan directs changes to the District Plan. Anderson Lloyd has been working with CERA in developing those changes explains what they are and what they mean in this video prepared by the Central City Development Unit. Amendments to the Christchurch City ...
Christchurch - The largest South Island-based law firm, Anderson Lloyd Lawyers, intends returning to the Christchurch central business district, Chief Executive Richard Greenaway says. Read more: Searching for new Christchurch site
Dunedin – The Government is currently seeking submissions on a raft of proposed changes affecting agriculture in the Emissions Trading Scheme (ETS) and the deadline is fast approaching for interested parties to have their say, Anderson Lloyd Lawyers Partner Lesley Brook says. Read more: Media ...
Vulnerable workers have statutory rights to "redundancy entitlements" which may or may not include redundancy compensation. It is reasonably common these days for employment agreements to provide that no redundancy compensation is payable. But "redundancy entitlements" is a wider concept and in some circumstances employees ...
The Recovery Plan for the CBD was released this evening (Monday 30 July 2012) by the Christchurch Central Development Unit (CCDU). The unit was established by the Canterbury Earthquake Recovery Authority (CERA) in April of this year and given 100 days to complete the Recovery ...
Anderson Lloyd's Resource Management team, led by Partner Jen Crawford and Associate Annabel Ritchie, have secured resource consent for Foodstuffs South Island Limited to enable the construction of the Queenstown Pak 'N Save and associated fuel facility at Frankton Flats, near Queenstown airport. Commercial property ...
The Minister for the Environment released on 5 July 2012 the February report by the Technical Advisory Group ("TAG") which proposes substantive changes to the principles of the RMA ("TAG Report"). We analyse the report in the attached article. Click here for a copy of ...
The Privacy Principles generally require an employer to tell an employee, or a prospective employee, what information is being collected from or about them and why. Employees There is a useful exception if telling the employee would prejudice the purposes of collecting the information, for ...
The Government is currently seeking submissions on a raft of proposed changes affecting agriculture in the Emissions Trading Scheme. The Consultation Document "Updating the Regulations for Agriculture in the New Zealand Emissions Trading Scheme" reflects work by the Agriculture ETS Advisory Committee on the practical ...
Appendix 1 - Amendments to Christchurch City Council's District Plan Appendix 1
One of the key changes promoted is to amend the focus for local government to ensure it carries out what the Government considers are "core services". Previously the local government sector has had a general power of competence to carry out anything that achieves its ...
The Strategy sets out guiding principles along with the vision and goals for the recovery, and also identifies areas of priority to address and promote the social, economic, cultural and environmental wellbeing of the Region. Phases of recovery and milestones are set out: Immediate (September ...
On 31 May 2012, Jan Wright, Parliamentary Commissioner for the Environment, released a report analysing one of New Zealand's most polarising environmental debates - arguably second only to the issue of mining conservation land - our goal of reaching 90% renewable energy generation by 2025 ...
The Local Government Act 2002 Amendment Bill was introduced on 30 May 2012 and had its first reading on 12 June 2012. The closing date for submissions on the Bill is 26 July. In this publication we discuss the issues raised by the Bill and ...
A recent Court of Appeal decision highlights the dangers of having oral contracts. Below, Lesley Brook examines the decision. Company L ordered products every month from the manufacturer, company N. N had no other clients. L also distributed products from company T. L had no ...
An employer can hold an employee to account, a recent case confirms. Mr Garvin was employed as CEO, a new position for a small growing company, Progressive Equipment Limited. It was agreed that he needed to produce a business plan for the company, particularly in ...
The Reserve Bank estimates that the reconstruction of Christchurch is expected to cost in the vicinity of $30 billion. Christchurch will become one of the biggest construction sites in the southern hemisphere. To assist with the reconstruction Anderson Lloyd and Kensington Swan have pooled their ...
This article by Jen Crawford appeared in the Resource Management Law Association Journal, April 2012. Prepared by Jen Crawford A fresh start for Te Waihora - RMLA Article
So you've decided to outsource a service and you've chosen a preferred provider. Just need to sign on the dotted line, right? Not quite yet. No matter what kind of service it is, the content of that contract is critically important to help ensure you ...
Maree Baker-Galloway looks at the report. Water Quality in New Zealand Understanding the Science
In this article, Lesley Brook examines when finance is deemed to be "arranged" by a purchaser. Finance is deemed to be arranged when a suitable offer of finance is available to the purchaser, even if the purchaser has not accepted it, according to a recent ...
In this article, Lesley Brook examines whether sympathy strikes are unlawful. When employees collectively refuse to carry out the "work in which they are usually employed", that's a strike. The Ports of Auckland dispute has resulted in employees of other companies collectively refusing to do ...
In this article, Lesley Brook examines who can be classed as affected employees when a company is sold or restructured. Employment - Managers can be vulnerable too