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- Planning to develop land? - National Policy Statement for fresh water reforms - Decade of aquaculture roadblocks soon to be lifted - New Environmental Protection Authority established
MinterEllisonRuddWatts, May 2011

The Government is continuing to work through its environmental reform agenda at a brisk pace. This month it has finalised a National Environment Standard for contaminants in soil and a National Policy Statement for Fresh Water. Significant progress has also been made on two key pieces of legislation this month, with the Aquaculture Amendment Bill passing its second reading and the Environmental Protection Authority Act passing into law...

"Commission Free to Gag"
MinterEllisonRuddWatts, April 2011

Last week the Court of Appeal confirmed the extensive nature of the Commerce Commission’s (Commission) gagging powers. The scope of such powers may come as a surprise to many. On 10 March the Court of Appeal allowed the Commission’s appeal and rejected Air New Zealand’s (Air NZ) cross appeal in the “gagging orders” case...

‘Finfluencers’ – Are you Providing or Receiving Financial Advice?
MinterEllisonRuddWatts, June 2021

This week, the Financial Markets Authority (FMA) released aguideto talking about money matters online. Discussion on a range of financial topics such as money, budgeting, investing and spending have been increasing over the years. However, the line betweentalkingabout these topics can sometimes cross into the territory ofproviding financial advice, which is a regulated area subject to strict rules in New Zealand...

A Breach of Lease May Not Mean the End of a Lease
MinterEllisonRuddWatts, November 2020

A recent High Court decision is a good reminder to both landlords and tenants of the Court’s power to stop a landlord ending a lease even where the tenant’s breach is serious and deliberate. Landlords need to act with considerable care in exercising their rights to end a lease due to a tenant breach if the breach causes no harm to the landlord but the ending of the lease would have material financial consequences for the tenant...

A Year of Long Tails and Shop Windows
MinterEllisonRuddWatts, December 2020

The direction of travel in M&A activity and litigation in 2021 Coming to the end of what can safely be described as an unprecedented year, we look ahead to 2021, alive to the fact that predictions are, at best, difficult. While we are currently sailing in relatively calm waters, with economic indicators better than predicted, most commentators agree that a storm is approaching. We simply do not know when or how it will hit...

Advertising Health Related Claims for COVID-19 Products
MinterEllisonRuddWatts, April 2020

Currently there is an increase in the production and sale of products to help deal with risks from COVID-19 such as face masks, hand sanitisers and other personal protective equipment. In some cases, these products are advertised with health related claims, including the prevention of COVID-19. With a rush to get products to market quickly in response to global demand there is an increased risk of unsubstantiated or misleading and deceptive claims...

Advertising Standards Authority Releases Formal Guidelines for Instagram Influencers
MinterEllisonRuddWatts, September 2020

Yesterday, the Advertising Standards Authority (ASA) issued a set of guidelines for social media influencers to follow when posting advertorial content. The document, titled ‘Influencers: Making it clear that ads are ads', has been developed to support the identification of influencer advertising content and highlight the collective responsibilities of influencers, agents, and advertisers in ensuring ad content is labelled for consumers...

After the State of Emergency is lifted: What is the Status of a ‘Stickered’ Building in Christchurch?
MinterEllisonRuddWatts, March 2011

Following the Christchurch earthquake on 22 February 2011 a National State of Emergency was declared under the Civil Defence Emergency Management Act 2002 (CDA 2002). The State of Emergency (SOE) has been extended and remains in force as at the date of this Alert.The purpose of this News Alert is to consider the consequences for building owners and Territorial Authorities (TAs) once the SOE is lifted and the Building Act applies; however it is not a comprehensive review...

Alert Level 3: Big Change for Some Commercial Tenancies, Very Little Change for Others
MinterEllisonRuddWatts, April 2020

Alert Level 3 began at 11.59pm on 27 April 2020, with the implementation of the Health Act (COVID-19 Alert level 3) Order 2020 (theLevel 3 Order). For some people and businesses this change provides welcome relief to revive business operations (albeit with some modifications), but for others very little has changed...

AML/CFT Identity Verification during COVID-19 Lockdown
MinterEllisonRuddWatts, March 2020

On Thursday 26 March 2020, the Reserve Bank of New Zealand, Financial Markets Authority and Department of Internal Affairs (together, the AML/CFT Supervisors) jointly released urgent guidance on how to comply with the verification requirements under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) while New Zealand is subject to the COVID-19 Alert Levels and, in particular, the current national lockdown of Level 4 (COVID-19 Verification Gui

Are you Thinking About Privacy? Reassess and Prepare for the New Privacy Act
MinterEllisonRuddWatts, August 2020

New Zealand's new Privacy Act 2020 comes into force on 1 December 2020 and all organisations should be preparing for the changes now. We share practical steps to help prepare and outline the key changes in the Act below.Agencies need to turn their attention to reviewing internal practices, processes and policies, to ensure they comply with obligations under the new Act...

Auckland’s Alcohol Retailers Face Restricted Trading Hours
MinterEllisonRuddWatts, April 2015

Last Friday a summary was released of the recommendations of the Panel considering submissions on Auckland’s Local Alcohol Policy (LAP). The Council developed the LAP under the Sale and Supply of Alcohol Act 2012 (Act). Through LAPs, councils can restrict or extend premises’ trading hours, limit the location and number of licensed premises and recommend conditions on the issuing of licences...

August Construction News
MinterEllisonRuddWatts, August 2020

A range of news from the construction and infrastructure industries for August.   MinterEllisonRuddWatts in the Market The operation of force majeure clauses in the COVID-19 era On 26 August, Construction Partner Travis Tomlinson presented at Contract Law New Zealand’s virtual Contract Law Masterclass alongside other industry experts...

Blockchain in The Agri Sector
MinterEllisonRuddWatts, July 2018

Operators in the New Zealand agricultural sector are likely to have heard of blockchain, the technology that underpins Bitcoin, and will be starting to see the very real application for blockchain in supply chain management.  As the interest in blockchain technology increases in numerous sectors, it is agri-business which is one of the sectors that seems set to see significant transformational benefits from its adoption...

Building and Construction: What the COVID-19 Lockdown Means for You
MinterEllisonRuddWatts, March 2020

From 11.59pm on Wednesday 25 March, New Zealand will be at ‘Alert Level 4’ of the country’s pandemic response plan seeking to limit the spread of COVID-19. Only ‘essential services’ will remain open and operational for the next 4 weeks, at least. Many in the construction industry have prepared their workplace for a potential lockdown...

Business Disruption Insurance and COVID-19
MinterEllisonRuddWatts, March 2020

Businesses that suffer losses because of disruption caused by COVID-19 will be considering whether they may be able to make claims under their insurance policies...

Canadian Cases: Examining Enforceability of Website Terms, Electronic Identity and Unsolicited Electronic Messages
MinterEllisonRuddWatts, October 2011

In this newsletter we look at a recent Canadian case that examines the requirements for enforceability of website terms of use, the newly introduced Electronic Identity Verification Bill and a change to the Unsolicited Electronic Messages Act. We have also included a reminder about the process for the new top level domain ".xxx"...

Canterbury Earthquake Recovery Act 2011 – implications
MinterEllisonRuddWatts, April 2011

 The Canterbury Earthquake Recovery Act 2011 (CER Act) was passed by parliament under urgency last week. It received Royal Assent and came into force on 18 April 2011. The purpose of the CER Act is to govern the recovery in the Canterbury Region following the 22 February 2011 earthquake in Canterbury. The CERA Act replaces the Canterbury Earthquake Response and Recovery Act 2010 which was passed following the 4 September 2011 earthquake...

Cartel Conduct Now a Criminal Offence
MinterEllisonRuddWatts, April 2021

Key points following the legislative change From Thursday 8 April 2021, it is a criminal offence to enter into or give effect to an agreement containing a cartel provision. Individuals who participate in cartel conduct can be imprisoned for up to seven years. A cartel provision is a provision in an arrangement between competitors that has the purpose, effect or likely effect of fixing price, restricting output, and/or allocating markets...

Cartel Criminalisation Bill introduced
MinterEllisonRuddWatts, October 2011

The outgoing Commerce Minister, Simon Power, yesterday introduced to Parliament the Commerce (Cartels and Other Matters) Amendment Bill. Under the Bill’s proposed amendments to the Commerce Act 1986, so-called ‘hard core’ cartel activity - price fixing, output restrictions, market allocation and bid rigging - will become criminal offences as well as a civil wrongs punishable by hefty fines...

Cartelists one step closer to jail
MinterEllisonRuddWatts, June 2011

On 16 June the Commerce Minister Simon Power released the Exposure draft Commerce (Cartels and Other Matters) Bill (Exposure Bill). The Exposure Bill provides that individuals found guilty of criminal cartel conduct will face up to seven years imprisonment. Bodies corporate found criminally liable will face the current sanctions (ie the greater of $10 million or three times the commercial gain (or if the gain cannot be ascertained 10% of annual group turnover))...

Changes on the Horizon
MinterEllisonRuddWatts, December 2014

Proposed reforms to the Resource Management Act (RMA) are the most highly anticipated change expected in 2015 that will impact the environment and its regulation. That isn’t likely to be the only change though. Briefings to Incoming Ministers (Briefings) by Ministry staff suggest other important, if not so sweeping, reforms and policy shifts are under contemplation for the next three year term. In addition to RMA reforms these include...

Class Actions and Litigation Funding Project Revived
MinterEllisonRuddWatts, October 2020

The Law Commission will soon seek feedback in its Class Actions & Litigation Funding Review Project. This is an area of continued interest to the insurance market. The Law Commission’s review Class actions The Law Commission will first look at class actions: proceedings brought by or on behalf of a group of plaintiffs with the same interest. Unlike other jurisdictions, New Zealand does not have a comprehensive class actions regime...

Class Auctions - Are We In or Out?
MinterEllisonRuddWatts, April 2021

How a class of litigants is established has implications for both plaintiffs and defendants in a dispute. This article examines the distinction between whether a class action is “opt-in” or “opt-out” and discusses the commercial implications arising from each. New Zealand does not have a detailed framework that governs the procedural aspects of a class action...

Climate Reporting Bill to Receive First Reading this Week
MinterEllisonRuddWatts, April 2021

On 12 April 2021, the New Zealand Government introduced the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill (Bill), which will receive its first reading this week.  Once passed, disclosures will be required for financial years commencing in 2022, meaning that the first disclosures will be made in 2023...



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