Legalwise News New Zealand
Thursday, 15 November 2018
ENRON AND ETHICAL COMPASS CHECKLIST - WOULD YOU SACRIFICE VALUES AND INTEGRITY FOR MONEY? Stephen Drain, Partner at PwC New Zealand, revisits the Enron scandal and asks readers to check their ethical compass. Many white collar criminals don't necessarily start out as crooks, but a combination of circumstances led them to flout the law, he writes. Stephen previously wrote on Fraud Risk Assessments and AML/CFT for Legalwise News.
JUSTICE COMMITTEE PUBLISHES REPORT ON TRUSTS BILL: MinterEllisonRuddWatts Special Counsel Shane Johnstone discusses the Justice Committee's report on the Trusts Bill, which is now at the Second Reading stage in Parliament. The Bill originated from the perception that private trusts were improperly administered, misunderstood and failing to protect beneficiary rights, he writes.
IAIN LEES-GALLOWAY ANNOUNCES MBIE TEMPORARY MIGRANT WORKER EXPLOITATION REVIEW: The Ministry of Business, Innovation and Employment has commenced a detailed policy and operational review to improve its understanding of temporary migrant worker exploitation and identify practical and lasting solutions. The announcement follows a series of high-profile cases of exploitation of migrant workers.
PASSAGE OF CROWN MINERALS (PETROLEUM) AMENDMENT BILL A FAILURE IN PROCESS: Dr Edward Willis, a lecturer at the University of Auckland’s Faculty of Law, discusses the Crown Minerals (Petroleum) Amendment Bill and argues that the passage of the Bill through Parliament failed to follow the guiding principles which almost anyone serious about the legislative process would agree with. The Bill was given the Royal Assent on Monday.
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ENGLISH HIGH COURT: WHEN CAN A BROKER ARGUE THE ASSURED’S CLAIM SHOULD BE AGAINST THE INSURERS? Duncan Cotterill Partner Jonathan Scragg and Special Counsel Professor Rob Merkin, QC, discuss a recent decision in the English High Court, Dalamd Ltd v Butterworth Spengler Commercial Ltd, which determined an important and previously unresolved issue on insurance brokers. The facts are complex, they write.
CHALLENGES WITH OPEN PLAN OFFICES, HOT DESKING TREND: Leadership Coach and Business Psychologist Jasbindar Singh discusses how open plan offices affect different personality types and how hot desking environments can cause stress from "setting up shop” every day. Generally, more introverted workers struggle with the constant activity and banter around them in an open plan office, she writes.
Thursday, 8 November 2018
SHOULD AN EMPLOYEE DISCLOSE THEIR MENTAL ILLNESS TO AN EMPLOYER? Edwards Law employment law barristers Robbie Bryant and Kate Wilson discuss if there is a legal obligation for an employee to disclose their mental illness to their employer. Whether or not there is an obligation to disclose an illness (mental or otherwise), depends entirely on the nature of the illness, they write.
CHANGES TO LAND REGISTRATION LAWS START 12 NOVEMBER: MinterEllisonRuddWatts Partner Ross Pickmere discusses the new Land Transfer Act and what the significant changes will mean for lawyers who work in the registration of property instruments and land transactions. The new Act replaces the Land Transfer Act 1952 as the statutory framework for land title registration in New Zealand, he writes.
FLAWED DISMISSAL PROCESS LEADS TO EMPLOYEE WIN IN PAYNE V BUPA CARE SERVICES LTD: Lane Neave Associate Hannah Martin discusses how a flawed dismissal process in a case before the Employment Relations Authority, led to the plaintiff being awarded six months' lost wages, and $20,000 for hurt, humiliation and loss of dignity.
CHANGES TO CREDIT CONTRACTS AND CONSUMER FINANCE ACT 2003 TO HELP VULNERABLE BORROWERS: Simpson Grierson Chair and Partner Anne Callinan and Partner Andrew Harkness discuss the Ministry of Business, Innovation & Employment's planned changes to the Credit Contracts and Consumer Finance Act. The changes will better protect vulnerable borrowers while potentially restricting access to credit, they write.
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KNOW YOUR POLICY AND PROCEDURE FROM YOUR GUIDELINES AND WHY THEY MATTER: Jodie Flowerday, a Policy Advisor working in the New Zealand tertiary sector, discusses different types of compliance documents and the importance of each. Defining different categories of compliance documents encourages a consistent understanding within an organisation of the importance of such documents, she writes.
LEADING THROUGH TIMES OF CONSTANT CHANGE: Leadership Coach and Business Psychologist Jasbindar Singh discusses how great leaders can lead and live through constantly changing times. When the unexpected happens, it invariably throws us and we react, she writes.
Thursday, 1 November 2018
PHYSICAL RESTRAINT IN SCHOOLS - EDUCATION (UPDATE) AMENDMENT ACT 2017 ONE YEAR ON: As has been highlighted in recent media reporting, managing student behaviour can be a significant challenge for schools. Simpson Grierson’s Public Law and Government partner Sally McKechnie discusses how schools can mitigate and respond to difficult behaviour after the introduction of new rules on the use of physical restraint and seclusion.
EQUAL PAY AMENDMENT BILL A GOOD START, BUT MORE WORK NEEDED TO ACHIEVE PAY EQUITY: Buddle Findlay Partner Sherridan Cook, solicitor Tasha Kuypers and legal adviser Jennifer Howes discuss the Equal Pay Amendment Bill which is at the Select Committee stage in Parliament. Submissions are now being accepted until 28 November. Jennifer Howes previously wrote an article on the issue for Legalwise News in July.
DEVELOPMENT OF TRUSTEES FROM KNIGHTS TEMPLAR TO TODAY'S TRUSTS BILL: KensingtonSwan Partner Henry Brandts-Giesen discusses how trustees have evolved since medieval times and the historical relevance for New Zealand today. The Trusts Bill before Parliament is at the Select Committee stage and a report is due this week.
WHOSE CONDITION IS IT IN SALE AND PURCHASE AGREEMENTS? MinterEllisonRuddWatts Senior Associate Katrine Kofoed and Partner Ross Pickmere discuss the recent High Court decision in Li v GSC Holdings Ltd. Conditions in property sale and purchase agreements are often expressed as being for the “sole benefit” of the purchaser or the vendor; the decision in Li emphasised the importance of understanding what that means, they write.
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BROKEN TRUST IN BUSINESS AND PERSONAL RELATIONSHIPS: Leadership Coach and Business Psychologist Jasbindar Singh discusses the betrayal of trust in business and personal relationships. Good relationships are based on trust; we like to interact and do business with people we feel comfortable with and have some degree of trust and rapport with, she writes.
KNOW YOUR BLOCKCHAIN FROM YOUR BITCOIN - DISTRIBUTED LEDGER TECHNOLOGY EXPLAINED: Piper Alderman Partner Michael Bacina deciphers the hype around distributed ledger technology and discusses the ins and outs of Blockchain. Cryptocurrencies such as Bitcoin are but one use of Blockchain technology, much as email is a useful application built on top of internet technology, he writes.
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