Duncan Cotterill expands in Sydney
New partner appointed in Sydney
RMA sentencings - a trial within a trial
If someone pleads guilty of an offence under the Resource Management Act, that's the end of it, right? Wrong!
Work-life boundaries not always clear cut
Teacher Sacked for Posing Nude. Can behaviour outside work hours risk job security?
Slump food for thought for parting couples
Is half the pie going to stop you from going hungry?
Case shows importance of good record keeping
An Australian attempt to test an employee for substance abuse goes badly wrong
How risky behaviour outside working hours can cost jobs
Tony Veitch's employers must investigate his actions fairly- but also consider whether the behaviour brought them into disrepute.
Property resource rights not automatic
Buyer Beware of Resource Consents – Are you getting what you thought you had bought?
Law change affects debtors and creditors
Commercial dealings are an integral part of everyday business, and usually facilitate credit being extended or obtained.
Internet ruling lifts discretionary curtain
The Law Commission may have to look at separate suppression orders for internet-based publications
Assistance under law for tenants when business is sold
Assignment of Lease procedure now more certain
Judge challenges internet's right to news
Judge David Harvey's decision on recent case
Duncan Cotterill appoints new Chairman
Christchurch-based litigation specialist Richard Raymond has been appointed the new chairman of national and trans-Tasman law firm Duncan Cotterill.
Employers need to take extra care on suspensions
So you hear that Johnny has been badmouthing the company to your other employees and to the world at large, or money disappears from the till each time Sue works a shift. Do you suspend them while you investigate?
Strict new controls over powers of attorney
Significant changes to the legislation for Enduring Powers of Attorney have just come into effect, prompted by concerns of misuse and inadequate protection.
Bill adds confusion to Holidays Act ruling
A bill to amend the Holidays Act 2003 has been introduced to Parliament after pilots took Air New Zealand to task in the Supreme Court for its treatment of public holidays (“Supreme Court changes shift work rules,” Feb 22)
Duncan Cotterill appoints Sydney partner
Aaron Dearden has been appointed a partner in the Sydney office of law firm Duncan Cotterill.
Kids at work?
If children come to your workplace make sure you take all practicable steps to ensure their safety.
Appeal Court stubs out smoko room
It is not often that a smoking-related matter engenders sympathy in this day and age. What if, however, there are constraints which mean that employees cannot nip outside for a cigarette?
Top law awards to Duncan Cotterill
2008 NZ Law Awards - Winner Large Law firm and specialist award for IP
Employers hold the cards but playing them needs care
Restructuring and ensuing redundancies are becoming a necessity for more and more New Zealand businesses as we experience the economic squeeze.
ALB honours Duncan Cotterill
Duncan Cotterill has been rated one of the 10 fastest growing law firms in Australasia during the past year by the highly-respected ALB Magazine.
Employers’ Guide to Christmas Parties
The silly season is approaching and so it’s time to take stock and check that you, as the employer, are prepared for Christmas parties. Expect the unexpected as festivities can sometimes go awry.
Beware of too much Christmas 'spirit'
Enjoy yourself at Christmas parties, but be aware of the boundaries or your job could be on the line.
Rahman I Trust
A trust has been set up for the family of Abdulrahman Ikhtiari, the taxi driver fatally stabbed in Christchurch.
Facing up to the cosmetic challenge
Can women be directed to wear makeup at work?
Guard your data from departing employees
How do you prevent staff who are leaving from taking your information?
New Associate at Duncan Cotterill
Litigation specialist Jonathan Scragg has returned to the Duncan Cotterill fold and been made an associate of the firm after more than two and a half years working in London with a leading international law firm.
Good and bad news in RMA changes
The wide ranging changes to the Resource Management Act leave the basic framework approach intact, while re-engineering some key mechanics.
Chasing debtors across Tasman is worth the effort
The prospect of registering a judgment in another country can be daunting. But the good news is that enforcing New Zealand money judgments in Australia is neither difficult nor cost prohibitive.
Alternatives to Redundancy
While redundancies seem inevitable for many businesses, there are other cost cutting methods and alternatives that some employers are considering.
Due diligence critical to franchise acquisition
A thorough investigation of the business can highlight its strengths and weaknesses besides other details.
Ex Minters tax specialist joins Duncan Cotterill
Mike Aitken, a former partner at Minter Ellison, has joined Duncan Cotterill in Sydney as Special Counsel.
Unit Titles Bill – Something For Everyone
It is no secret within the property industry that the Unit Titles Act is outdated and in need of reform. A review has been under way for some time, culminating in the introduction of the Unit Titles Bill, which is still before Parliament.
Internet copyright proposal needs more tightening up
The controversial amendment to copyright legislation is too vague, according to leading IP law specialist Scott Moran, of Duncan Cotterill.
Trial periods back in fashion
The new 90-day job trial period, which comes into effect March 1, may not be as straight forward as it seems.
At the council’s mercy – wrestling with the RMA
No one wants to see “decent people” turned into criminals by strict laws or their overly zealous application.
Why hanging on to PAYE can be disastrous
The consequences of non-payment can lead straight to jail
Avoid being caught out by leaks
Advice on what to look out for, and what to do, with leaky buildings.
Incompatability not a sacking offence - usually
We will never get on with everyone at work, but what happens when a personality conflict gets so serious that the situation is untenable?
Duncan Cotterill appoints four Christchurch partners
National and trans-Tasman law firm Duncan Cotterill has appointed four new partners to its Christchurch office: Richard Lang, Helen Smith, Scott Whitaker and Oliver Roberts.
Consider debts when setting up a trust
While trusts are a valuable way of protecting family assets from creditors, special attention needs to be given to any existing debts that could be affected by the transfer of assets to a trust.
Cross-border insolvency laws smooth the way
Frustrations at trying to recover money or assets from insolvent trans-Tasman companies may be alleviated by new legislation adopted in Australia and New Zealand.
Learning the drill
Duncan Cotterill gave LT Thomas, a solicitor in our Nelson office, several months leave to pursue his passion with the Territorials. He is one of 43 New Zealand soldiers in the Solomon Islands.
Onus on trustees to act prudently
Family trusts are a common vehicle for investments. It has recently been estimated that there are more than 400,000 family trusts in New Zealand.
Emission Trading Scheme and the rural sector
What impact will the New Zealand Emissions Trading have on the rural sector?
Risk management key to preventing disasters
In tough times it is all the more reason to have strategies to manage risk.
Buying Irrigation?
The assumption that water is freely available to everyone is fast becoming a thing of the past. In reality, it is becoming increasingly hard to obtain water permits to take and use water for irrigation.
What is a public building?
The 2004 Building Act has made it critical for the owners of new commercial and recently renovated buildings to know whether their building is considered to be for a public use under that Act.
Workplace squabbles demand action
We will never get on with everyone at work, but what happens when a personality conflict gets so serious that the situation is untenable?
Australia - forward with fairness
The Federal Government has now introduced its much anticipated Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 (Transition Bill).
Prudent to prepare now for ETS
What impact will the New Zealand Emissions Trading Scheme have on the rural sector?
Structuring Considerations for a Move across the Tasman
New Zealand and Australia have a common heritage. We look much the same. We see the same brands in the market place. So it is quite surprising to many people just how far apart we are from a legal and regulatory perspective.
Time to rethink terms of trade
There are a number of ways to minimise bad debt - and in today’s current climate this is more important than ever.
Consumer law reform
Seven consumer laws are being reviewed as part of a consumer law reform. The Ministry of Consumer Affairs is currently welcoming feedback on the Consumer Law Reform discussion document.
The “Twitter” Bug
Every now and then a website comes along which grabs everyone’s imagination and attention. This time it’s Twitter and everyone is using it - from Hollywood celebrities to the All Blacks and John Key.
Australia: Impending Legislative Change
To the unitiated, employment law in Australia has always appeared confusing, not the least because of the combination of Federal and State laws, which can apply.
Dairy farmers face tougher penalties
A $50,000 fine imposed on a West Coast dairy farmer for a single discharge of shed effluent to a river highlights mounting pressure on the industry to stop polluting.
Duncan Cotterill adds another Australian partner
Duncan Cotterill is continuing to strengthen its senior ranks in Australia with the appointment of Jill Milburn as a partner in the Sydney office.
Avoid land use disputes
Many people have romantic notions of what it would be like to live in the country. However, dreams of life in a tranquil rural setting, away from the hustle and bustle of city living and the nuisance of neighbours, are not always the rural reality.
Duncan Cotterill on ANZAC tax
Pearson says that while New Zealand and Australia look much the same, it is surprising just how far apart they are from a legal and regulatory perspective. “It’s a common trap; assuming life is the same on the other side. It’s not!”
It pays to set up properly
Richard Neave, a commercial law specialist at Duncan Cotterill, says proper planning when businesses set up can avoid costly shareholder disputes.
Taxation policy still too vague
2009 Budget
Breaches of duty may prove costly if a worker resigns
Employers might breathe a sigh of relief when a worker resigns in acrimonious circumstances. But while it seems that a problem has been solved, an even bigger one may have been created.
What next for the meat industry?
Alternatives may need to be explored to the SFF and Alliance merger, given their acrimonious background. Oliver Roberts, a specialist in commerical and corporate law at Duncan Cotterill, discusses the issue.
Duncan Cotterill makes senior appointments
Duncan Cotterill has promoted seven of its senior solicitors to associate status, recognising their specialist sector knowledge
Taking it on trust can never be an excuse
Trustees along with other investors have had it reasonably easy in recent years when investing trust funds.
Due diligence not just for franchisees
Due diligence in franchising is a two way exercise – it’s at least as important for a franchisor as it is for a franchisee to be satisfied that the relationship will go well.
Employers eye new law in Australia
The Australian employment law landscape changed significantly on July 1, with the introduction of the Fair Work Act 2009 (Cth).
Rules for selling rural property to overseas buyers
Are you thinking about selling your farm? If so you should be aware that if you receive an offer from someone overseas, there are certain advertising requirements you will probably need to meet.
Consider all options before sacking
A change in semantics has had a significant impact on how employers are expected to act during dismissals. The change was clarified in a case brought by a former employee of Air New Zealand. Dean Kilpatrick, Associate at Duncan Cotterill explains.
Employers need to be careful in dealing with parental leave
A recent decision of the Employment Relations Authority illustrates the risks for companies when employees on parental leave want to return early. Significant compensation can be involved. Dean Kilpatrick reviews the decision.
Super City will have no watchdog on environment issues
Aucklanders may have to get used to seeing the Super City Council get its own way when it comes to resource management issues, writes Hans van der Wal, an environmental law specialist at Duncan Cotterill.
Duncan Cotterill attracts top talent from overseas
Duncan Cotterill is delighted to appoint three new associates, two who have returned to the national and trans-Tasman firm after short absences.
Debt recovery
In the current economic climate, debt recovery is becoming more of a pressing issue. This is a quick reminder about some of the different processes, as well as some hints on what to do and what not to do.
Coup for Duncan Cotterill
Geoff Thompson, a senior figure in the National Party and leading Wellington lawyer, has joined national and trans-Tasman lawyers Duncan Cotterill as a consultant in their Wellington office.
Take two for section 92A - internet copyright infringement law
A Government appointed group working with Ministry of Economic Development officials has proposed a system comprising a series of warnings after which a rights holder can lay a complaint with the Copyright Tribunal.
Time to check out your consents
Spring is in the air and so too is the need to make sure your consents are in place for the new season.
Duncan Cotterill partner featured in Who's Who
Chris Bradley, a franchise law specialist partner at Duncan Cotterill, has been singled out by internationally -based Who’s Who’s Legal for his expertise in the sector.
Employment Court backs Safe Air
Safe Air was perfectly within its rights to fire a male staff member for sending sexually explicit emails, an Employment Court judge has ruled.
BB or not BB
The Government’s recent announcement that a revised retail deposit guarantee scheme will be available beyond October 2010 to entities that have a credit rating of BB or higher is stark news for the non bank deposit taking sector.
Councils crack down on burn-offs
Councils are cracking down on burn-offs so it’s vital to check if the rules have changed in your area, says Katie Edmunds, an environmental law specialist at Duncan Cotterill.
GST non-payment - potential personal liability for Directors
Companies selling assets due to financial stress potentially leave directors exposed to personal liability for unpaid GST. Lawyers need to advise clients of this risk.
Health Law – Targeted Investment in the Local Health Economy
Veronica Culpan, a health and commercial law specialist at Duncan Cotterill, looks at moves in the public sector to improve waiting times for patients.
The Duncan Cotterill Business Lunch - Food for Thought
Supporting the Family Help Trust, with the Hon Bill English Minister of Finance
Duncan Cotterill partner heads trans-Tasman board
Raewyn Lovett, a partner at Duncan Cotterill, has been appointed the new chairman of the ANZ Netball Championship for the next two years.
Beware fallout of on-farm accidents
The Health and Safety in Employment Act 1992 promotes prevention of harm to everyone in a workplace.
Beware the handshake deal
Richard Neave, a commercial specialist partner at Duncan Cotterill Lawyers, is currently aware of many businesses which are battling to recover money owed for work completed.
Public set to benefit from new real estate agents law
The new Real Estate Agents Act comes into force in November. Will it give greater protection to consumers and what does it mean for agents? Real Estate law specialists Richard Smith and Blair Williams, of Duncan Cotterill, explain.
Capital move for Duncan Cotterill
Expansion at Duncan Cotterill in Wellington has prompted the law firm to shift to new premises, effective November 1. They will now be located in The Tower Building, Level 2, 50 Customhouse Quay.
RMA anomaly halts prosecutions
A Flurry of legal debates have sprung up around the country as to whether farmers and others can get off what appear to be clear offences under the Resource Management Act.
Food for thought
The Duncan Cotterill Business Lunch held in support of The Family Help Trust has raised $15,000 to assist its work with vulnerable children in Christchurch
Taxation specialist joins Duncan Cotterill
Tania Reid, a taxation law specialist, has joined national and trans-Tasman firm Duncan Cotterill as an associate.
Duncan Cotterill in innovative bond issue
National and trans Tasman law firm Duncan Cotterill has been immersed in the innovative philanthropic bond issue, recently announced by the University of Canterbury. The university plans to raise up to $100 million for major capital projects in NZ.
Insolvencies across borders
The Insolvency (Cross-Border) Act 2006, which adopts the UNCITRAL Model Law on cross border insolvency, has taken some time to have any apparent application in New Zealand.
Behaving badly
A recent case involving a disgruntled social worker highlights how misconduct outside the workplace can justify dismissal. Leading employment lawyer Scott Wilson, of Duncan Cotterill, looks at what happened.
Foresters grapple with devils in emission trading scheme's details
Owners of forests have learnt to be patient. Investment returns over 30 years are the norm but that has changed with the emissions trading scheme and the issue of carbon credits.
Deal quickly with poor performance
Most employers have to deal with issues of poor performance in their workplace at some point. Dealing with these issues can be frustrating and challenging but it is important to address them promptly and fairly.
Franchising across the Ditch
New Zealand and Australia have a common heritage. We look much the same. We see the same brands in the marketplace. So it is quite surprising to many people just how far apart we are from a legal and regulatory perspective.
Farming under ETS - what's in store?
What does the Emissions Trading Scheme mean for the agriculture sector? Shoshona Goodall, an environmental law specialist at Duncan Cotterill, explains.
Court knocks out loophole in the RMA
Sarah Day, an environmental lawyer at Duncan Cotterill, looks at recent attempts to avoid the reach of the RMA.
Duncan Cotterill hosts Salvation Army
The Salvation Army released its annual State of the Nation Report at functions in Christchurch, Wellington and Auckland hosted by Duncan Cotterill.
Sour aftertaste over dismissal
Getting coffee is all part of the job, as a U.S. receptionist discovered. Scott Wilson and Summer Pringle, of Duncan Cotterill’s employment law team, look at the human rights issue in this interesting case.
Government has work cut out for it in Personal Grievance review
The Government is looking at changes to the personal grievance system to address issues such as costs, fairness, remedies and the 90-day trial period.
Employment Relations Law cumbersome and confusing
Scott Wilson, Employment Partner comments in a recent article in LawNews.
Duncan Cotterill sees bright future
Christchurch’s Claire Brighton, of the University of Canterbury, has won the coveted Duncan Cotterill Prize in Equity for 2009 and was joint winner of the Duncan Cotterill Award in Law for the best all round performance in Stage ll subjects.
First for Duncan Cotterill
Duncan Cotterill is the first New Zealand law firm to introduce the MindServer search platform across its five national and trans-Tasman offices.
The ETS - what does it all mean?
Many businesses still do not yet fully understand the implications of the New Zealand Emissions Trading Scheme and how it will affect them.
Bullying, Banter or Brusque Management?
Employers must take all practicable steps to ensure employees’ safety, including safety from psychological harm.
New Zealand Budget 2010 – Tax Package Highlights and International Issues
Budget 2010 is aimed at international competitiveness, productivity and growth, encouraging saving over spending and removing distortions in the tax system around property investment.
The Last Word on Lehman Brothers - But Questions Remain
Many companies wishing to enter a compromise with creditors may have third parties liable for the same or associated debts – most obviously, guarantors and directors.
Tough laws to protect RWC sponsors
New Zealand Rugby World Cup organisers must be watching with interest how issues of ambush marketing are being handled during the 2010 FIFA World Cup.
Duncan Cotterill expands in Auckland
Auckland office merge with Miller Bradley Lawlor
Putting in the boot
Employers need to follow the correct procedures when wanting to sack an employee.
Bad behaviour excused in dismissal cases
How bad can it get?
Big brother's here to help not just stoop
Employees in all kinds of jobs may soon, or already, find that their phones, cars and computers are telling on them!
Settle intellectual ownership in advance
Who owns your company’s intellectual property?
How to read CV's between the lines
But it might be too late if you have already hired.
RMA law - the devil is in the detail
Many an unwitting farmer has copped a hefty fine for not sticking to the letter of a resource consent or plan.
Law may be problematic
Breastfeeding breaks and flexible working hours – two steps forward and one step back?
Workplace fraud is often hard to spot
How do you deal with employee theft?
Sorting payment
With several recent building company collapses, the High Court has issued a timely reminder of the need for contractors to get it right when submitting payment claims under the Construction Contracts Act 2002.
New Associates appointed
Five new associates appointed
RMA for dummies
Finding your way through the resource management process is no walk in the park.
Damn lies revealed on internet
Is “anonymity” effective protection against internet based defamation claims?
Digital copyright law embraces iPod era
Amended law has far reaching implications across several sectors
Avoid mistakes when setting up your business
A limited liability company is the most popular form of business structure chosen by small, medium and large enterprises in New Zealand.
Duncan Cotterill continues to grow Sydney office
National and trans-Tasman law firm Duncan Cotterill is further expanding in Sydney with the appointment of Neil Scott to the firm as a partner.
Wills Act 2007
The new Wills Act 2007, which came into force late last year, aims to bring the law into the modern age. Gone are the “hereinafters” and the “hereditaments”. A testator or testatrix is now a “will-maker”. De facto relationships now feature in the Act.
Starting up a new business
Many a good relationship is destroyed when people launch a venture together without considering the core issues required to operate a business. The fallout between friends and/or family can be devastating.
Trusts need tailoring to needs
Richard Lang explores the use of family trusts to protect business assets.
Steps to protect your intellectual property
If you are in business, chances are that you will have at least one asset that is a form of intellectual property.
Structuring for smart businesses
Businesses can derive huge benefits from regular review of their legal structure.
Duncan Cotterill continues growth
National and trans-Tasman law firm Duncan Cotterill has appointed eight new associates to its steadily expanding ranks.
Relationships at work
Affairs of the heart can be fraught with danger – not only for those involved but for their employers. Scott Wilson, a partner and employment law specialist at Duncan Cotterill, reports.
Rulings send message to employers
Fisticuffs at work could cost you your job – just ask Trevor Mallard. Sarah Townsend, an employment law specialist at Duncan Cotterill, looks at what can happen and unveils a few surprises for employers.
Don't lose your income
A few minutes sorting out legalities at the outset could save thousands of dollars and heartache if those you sell your stock to become unstuck.
Supreme Court decision set to cause headaches
A Supreme Court decision is set to cause headaches for those involved with shift work – both employers and workers.
Duncan Cotterill expands taxation group
Shane Kilian, a former IRD legal specialist, has joined the Auckland office of Duncan Cotterill.
Ambush Marketing & The Rugby World Cup
Planning to capitalise on the Rugby World Cup in 2011? Make sure your plans do not leave you open to accusations of ambush marketing and a hefty fine
Gated Communities
What should you be aware of before buying a property in a gated community?
