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Thursday, 24 January 2019 

Latest News

EMPLOYMENT RELATIONS AMENDMENT ACT TO TAKE EFFECT MAY 2019: Ashley-Jayne Lodge, Partner in Employment Law at Cavell Leitch, discusses how, last month, the Employment Relations Amendment Act passed through the final stages of law making and was granted Royal Assent. Her article deals with some of the significant changes made by the Act, most of which will take effect in May 2019. 

COGNITIVE BIAS IN ETHICAL DECISION MAKING: Barrister and mediator Paul Sills discusses Cognitive Bias in Ethical Decision Making. A well-known example of cognitive bias is confirmation bias – which we use to affirm our view on the world, he writes. Paul will present on this topic at the Legalwise 6th Annual 10 CPD Hours in One Day in Auckland Conference in March. 

Industry Developments

PERFORMANCE MANAGEMENT A CHALLENGE WHEN MENTAL HEALTH CONCERNS ARISE: Bell Gully Partner Rachael Brown and Solicitor Sara Lomaloma discuss the case of FGH v RST [2018] NZEmpC 60 where Judge Corkill provided guidance on how an employer could conduct a performance management review while also considering known mental health conditions. This decision confirmed that employers need to be aware that stress or anxiety associated with performance management processes is not necessarily counteracted by additional support measures, they write. 

PROPOSED HOUSING AND URBAN DEVELOPMENT AUTHORITY: MinterEllisonRuddWatts Partner Rachel Devine examines to what extent this proposal would address the tricky issues which the firm identified in 2017. The 2018 proposal goes a long way, but by no means all the way, towards addressing them, she writes. In a future article, MinterEllisonRuddWatts will explore some additional issues raised by the 2018 proposal. 

Ask An Expert

WELCOME THE NEW YEAR WITH NEW OPPORTUNITIES: Christa Ludlow, Principal Consultant of Weir Consulting, discusses how to improve your chances of gaining a promotion. Research the kinds of roles you want and start thinking of yourself as a person who is already in that role, she writes. 

GET SMART WITH CYBER SECURITY WHEN WORKING ON THE ROAD: Simon Cohen, Head of IT Consulting at Moore Stephens (WA), discusses practical tips to avoid becoming a cyber victim when working out of the office. Many more devices are being lost or stolen and cyber criminals are increasingly focussing on easy targets such as unsecured networks, he writes. 


Thursday, 17 January 2019 

Latest News

UNDERSTANDING ANGER AND HIGH CONFLICT PERSONALITY: Nicola Hartfield, mediator and workplace mentor, discusses how anger influences certain personality types and the importance of understanding and managing anger to better engage with clients in stressful situations. Nicola will present on the topic, Managing High Conflict Personalities in Practice, at the Litigation and Dispute Resolution Skills conference in February.

TAX WRAP 2018 AND OUTLOOK FOR 2019: Bell Gully tax team members Partner Willy Sussman and Senior Solicitors Hugh Magee and Toa Vulangi summarise 2018's tax highlights, including three significant cases where Bell Gully won for its clients. The writers then discuss what to expect in the new year, tax-wise.

Industry Developments

MBIE SEEKS SUBMISSIONS ON FINANCIAL ADVISER LEVY REFORM: MinterEllisonRuddWatts Partner Lloyd Kavanagh and Senior Associate Andrew Suggate discuss the Ministry of Business, Innovation and Employment's planned fees and levies for financial advice providers and financial advisers under the new financial advice regime, among other expected changes. MBIE invites submissions on the discussion paper until 18 February.

TREE PROTECTION AND LIABILITY IF SOMEONE SUFFERS INJURY: Kensington Swan Associate Barbara Dean discusses challenges with the protection of trees and who is responsible if something goes wrong, with reference to recent case law and the Resource Management Act and under the Electricity (Hazards from Trees) Regulations.

Ask An Expert

BEST PRACTICE DRAFTING DOCUMENTS FOR POLICY WRITING: Jodie Flowerday, a Policy Advisor working in the New Zealand tertiary sector, discusses the importance of best practice policy drafting documents such as templates and style guides, in a continuation of her series on policy drafting.

COVERT RECORDING POLICIES IN THE WORKPLACE: Barrister Kathryn Dalziel wrote a Letter to the Editor after reading last week's article by Peter Cullen on Covert Recordings of Workplace Conversations and Breach of Trust. I am surprised at the number of employers who have not addressed employee covert recordings in their codes of conduct, she writes.


Thursday, 10 January 2019 

Latest News

IMMIGRATION NEW ZEALAND POLICY AND CHALLENGES OF CHARACTER REQUIREMENTS OF SUPPORTING PARTNERS: Turner Hopkins Solicitor Mahafrin Variava, in the first of a two-part series, discusses a case where the firm represented a client in this area and argues that caution is required when assisting clients under this policy.

'SIGNIFICANT ISSUES' WITH REVIEW OF CHARITIES ACT 2005: Sue Barker, the Director of Sue Barker Charities Law and Charities Act Review Core Reference Group member, concludes her two-part series on the Review with her concerns about the nature, scope, process, and timeframe of the review, including whether Charities Services is encouraging voluntary deregistrations. Sue recently presented a seminar on this topic for Legalwise.

Industry Developments

HOW BUSINESSES CAN MINIMISE RISKS IN I.T. OUTSOURCING: Duncan Cotterill Associate Guy Smith discusses his five top tips for how small to medium size businesses can minimise risks in IT contracting. Often, failures flow from unrealistic expectations on both sides as to what can be achieved, what is involved, and at what cost, he writes. 

TRUST BREACHED IN WORKPLACE WITH COVERT RECORDINGS OF CONVERSATIONS: Peter Cullen, Partner at Cullen - The Employment Law Firm, discusses recent high profile controversies surrounding secret recordings of conversations in the workplace. He asks: If the recorded information is obtained in breach of good faith, should an employee be able to rely on a wrongful recording to bring a case against their employer? 

Ask An Expert

HOW WORKPLACES CAN HELP EMPLOYEES RETURNING TO WORK: Leadership Coach and Business Psychologist Jasbindar Singh discusses how business can help people who are returning to work. Transition-friendly initiatives, such as a "welcome back" morning tea, signal to the employee that they matter and are valued, she writes.

ROLE OF CONSTITUTIONAL COURTS IN LANDMARK DECISIONS IN NEW ZEALAND AND OVERSEAS: Dr Edward Willis,  a lecturer at the University of Auckland’s Faculty of Law, discusses the role of constitutional courts with reference to the landmark United States Supreme Court case of New York Times Co. v Sullivan and the more recent New Zealand Supreme Court decision in Attorney-General v Taylor



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