Updates
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 ...
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 ...
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