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Thursday, 14 March 2019 

Latest News

WHY DIVERSITY ON BOARDS IS GOOD FOR BUSINESS: Kathryn Beck, Partner at SBM Legal and President of the New Zealand Law Society, discusses the importance of diversity on boards and why it's good for business. A frequent criticism is that diversity undermines merit-based appointment systems, which is not correct and, frankly, makes a lot of assumptions about “merit”, she writes. 

VIAGOGO JURISDICTION AN INTERIM NO-GO: Nadia Ormiston, Solicitor at Baldwins Law, discusses the recent High Court decision in Commerce Commission v Viagogo AG, where the controversial Swiss-based online ticket reseller Viagogo had a short-term win on a technicality. This case illustrates one frustration faced by applicants when the respondent is based overseas but trading in New Zealand, she writes. 

Industry Developments

MENTAL CAPACITY WHEN SIGNING SALE AND PURCHASE AGREEMENTS: Cavell Leitch Property Solicitor Lauren Jerard discusses a unique situation where clients, an older couple, were found to lack the mental capacity to go ahead with the expected sale of their property. She also notes the risk to real estate agents in these contexts. 

EXPECTED CRACKDOWN ON MISUSE OF MARKET POWER: Lane Neave Partner Anna Ryan discusses the Ministry of Business, Innovation and Employment's Discussion Paper which proposes major changes to the wording of section 36 of the Commerce Act 1986, which regulates misuse of market power. Submissions on the Paper close on 1 April.  

Ask An Expert

TRIED AND TESTED TIPS FOR WRITING COMPLIANCE DOCUMENTS: Jodie Flowerday, a Policy Advisor working in the New Zealand tertiary sector, discusses her tried and tested tips for writing compliance documents, in the conclusion to her series on policy drafting. Her previous articles about policy drafting covered: Best practice drafting guidelines, When policy is necessary and Compliance document categories. 

COURT OF APPEAL 'MISAPPLICATION' OF PER SE PROVISIONS OF COMMERCE ACT: Dr Edward Willis, a lecturer at the University of Auckland’s Faculty of Law, discusses the Court of Appeal decision in what became known as the Hamilton real estate agencies cartel case: Commerce Commission v Lodge Real Estate Limited, and asks: Did the Court of Appeal misapply the per se provisions of the Commerce Act? There seems to be enough to suggest that the Court got the wrong result because it adopted an incorrect methodology, he writes. 



Thursday, 7 March 2019 

Latest News

COMPROMISE TO RADICAL PROPOSED CAPITAL GAINS TAX FINDS VOICE: Simpson Grierson Partner Barney Cumberland discusses what he calls the "extreme - by international standards" design of the Capital Gains Tax, proposed by a majority of the Tax Working Group, and a possible blueprint for compromise in a memorandum to the Working Group from the three members who dissented on the core CGT proposal. 

EMPLOYEE REDEPLOYMENT IN A RESTRUCTURE: SBM Legal Partner Bridget Smith and Senior Associate Matthew McGoldrick discuss the difficult issue of redeployment in a restructuring process. If there are no vacant roles in a business it does not mean that an employer has to create one so the employee can stay on, they write. 

Industry Developments

MBIE PROPOSED CHANGES TO GOVERNMENT PROCUREMENT RULES EXPECTED TO GO THROUGH: Lane Neave Partner Graeme Crombie discusses the Ministry of Business, Innovation and Employment's proposed changes to Government Procurement Rules (fourth edition). While the fourth edition is a consultation draft only, we expect many (if not all) of the proposed changes will become a part of the rules, he writes. 

INTELLECTUAL PROPERTY BASICS FOR START UPS: AJ Park Principal Anton Blijlevens discusses the essentials of Intellectual Property for start-up companies. It is vital to know early on what IP protection a start-up can have, what the benefits will be, and what the costs will be to secure such protection over time - it is important not to bite off more than can be chewed - he writes. 

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HOW TO INFLUENCE WITH INTEGRITY IN THE WORKPLACE: Leadership Coach and Business Psychologist Jasbindar Singh discusses how ensuring you influence with integrity is the key to boosting your influencing skills in the workplace. Being able to influence or choosing not to be influenced is a necessary survival skill in business, she writes. 


Thursday, 28 February 2019 

Latest News

EMPLOYMENT RELATIONS ACT 2000 CHANGES TO IMPACT AGED CARE SECTOR: Shelley Eden, Partner at Shieff Angland, discusses recent and coming changes to the Employment Relations Act 2000 and the impact on the Aged Care industry. One feature which will impact facilities is that the number and duration of rest and meal breaks have now returned to being specified in the legislation, she writes.

LAW COMMISSION REVIEWS DNA USE IN CRIMINAL INVESTIGATIONS: The Law Commission is urging legal practitioners and their clients to provide feedback on the use of DNA in Criminal Investigations, which is both a powerful tool in solving crime and, legally and ethically challenging. Following this formal consultation process, the Commission will publish a final report later this year.

Industry Developments

RESIDENCY BY FOREIGN INVESTMENT BOOSTS IMMIGRATION: Henry Brandts-Giesen, Partner at Kensington Swan, discusses the immigration by investment programme which aims to boost capital, skills and networks to grow the economy. An unintended consequence of the success of these programmes overseas, is that a large and rapid influx of investment can lead to rising wages and asset valuations, with negative repercussions on the rest of the economy, he writes.

UNCERTAINTY FROM LIFE INSURANCE INDUSTRY REVIEW LOOMS LARGE OVER ALL INSURANCE SECTORS: Chapman Tripp Partners Penny Sheerin, Tim Williams and John Knight discuss the wide-ranging impact of the Financial Markets Authority and Reserve Bank of New Zealand review into the life insurance industry. The implications of this review for the industry should not be underestimated; there are plainly risks that the changes imposed will add significant compliance cost and will impact on existing modes of doing business, they write. 

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TAKE THE QUIZ - 10 SIGNS YOU ARE SUFFERING FROM STRESS: Award-winning wellness and lifestyle coach and inspirational speaker Kim Knight of the Art of Health discusses 10 signs of stress in her vlog, presented as a quiz to encourage people to consider their level of stress. Stress is one of the unhealthiest habits we can have, and for many people it is even a silent addiction, she says.

WHAT HAPPENS IF SOMEONE USES YOUR TRADE MARK ONLINE? Rachael Koelmeyer, Senior Associate at Ellis Terry, discusses what a trade mark holder could do if they believe someone is infringing their trade mark rights on the internet. She covers factors including: What do I need for fair trading breaches and/or passing off? And, what if I have rights in New Zealand, but the company using my brand is based somewhere else?




Thursday, 21 February 2019 

Latest News

HIGH COURT ILLUMINATES NETWORK OPERATOR LIABILITY FOR QUALITY OF SUPPLY PROBLEMS: Simpson Grierson Partner John Shackleton and Special Advisor Chris Browne discuss two recent High Court judgments which considered network operator liability for quality of supply issues. Both cases involved electricity but are also of interest to network operators in the gas and telco sectors, they write. 

UNION CRIES RAT BUT DUTY OF GOOD FAITH NOT EQUAL TO ETIQUETTE IN COLLECTIVE BARGAINING: Lane Neave Senior Associate Kathryn McKinney discusses the recent Employment Court case where blow-up cartoon rats with the slogan "Pak’nSlave" and a banner stating, “Don’t be a Rat, Mr Dobson” were considered part and parcel of a union’s negotiation tactics during collective bargaining. 

Industry Developments

ICT CONTRACT TERMINATION FOR CONVENIENCE CAN BE LESS THAN CONVENIENT: Buddle Findlay Partners Allan Yeoman, Amy Ryburn, and Philip Wood discuss the options when Information and Communication Technology projects fail. Termination for convenience might result in the limiting of the customer's losses flowing from pre-termination breaches, depending on the specific facts, they write.

CONFIDENTIALITY AGREEMENTS WITH TIME LIMITS AND PROTECTION OF TRADE SECRETS: AJ Park Law Principal Mark Hargreaves and Senior Associate Grace Thomas-Edmond discuss whether confidentiality agreements with time limits protect trade secrets. Although commonly used, it is worthwhile to consider why we should accept time limits, and how we can include a time limit in a confidentiality agreement while also providing adequate protection for trade secrets, they write. 

Ask An Expert

LEVERAGE DIGITAL TECHNOLOGY FOR MARKETING SUCCESS WHEN WORK GETS IN THE WAY: Tanya Williams, Chief of Everything at Digital Conversations, discusses how to leverage digital technology to gain consistent marketing outcomes when you are busy. Here are some tips to make it happen and stop with the "too busy" excuses, without breaking the bank, she writes. 


Thursday, 14 February 2019 

Latest News

TRIPARTITE WORKING GROUP RECOMMENDATIONS ON A WORKABLE FAIR PAY AGREEMENT SYSTEM: Chapman Tripp Partner Marie Wisker, Special Counsel Geoff Carter, and Senior Associate Vonda Engels discuss the recommendations from the Bolger-led tripartite Working Group which is developing a workable Fair Pay Agreement system.

MBIE COPYRIGHT ACT REVIEW ISSUES PAPER OUT FOR COMMENT: Lane Neave Partners Graeme Crombie and Anna Ryan discuss the Ministry of Business, Innovation and Employment Issues Paper on the Review of the Copyright Act 1994. They urge people to have their say on this important issue, with the Government inviting submissions on the Issues Paper until Friday, 5 April 2019. 

Industry Developments

AUSTRALIAN BANKING ROYAL COMMISSION FINAL REPORT: Buddle Findlay Partners David Perry, Paul Farrugia, Scott Abel, and Scott Barker summarise the key points from the Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, released last week, and briefly explain the current situation in New Zealand's related sectors. 

NEW GRACE PERIOD FOR DISCLOSURES BY INVENTORS BEFORE FILING PATENT APPLICATIONS: Mathew Campbell, registered Trans-Tasman Patent Attorney and enrolled lawyer at Ellis Terry, discusses the impact of New Zealand's ratification of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and, the operation of the new grace period for disclosures which followed the CPTPP coming into effect. 

Ask An Expert

BREAKING THE STEREOTYPE OF LAWYERS AS "PALE, MALE AND STALE": Barrister and mediator Paul Sills discusses how he changed careers - from Air Force navigator to lawyer - and explains why having a diverse life experience is an advantage in the law. Ivory towers, pale, male and stale are probably more common associations with lawyers; although these are generalisations, he writes.

MASTER CREATIVE THINKING TO SOLVE PROBLEMS IN PROFESSIONAL AND PERSONAL LIFE: Sally Arnold, Director of Creating Encores and an award-winning international author and executive coach, discusses how business-focused professionals can tap into the benefits of creative thinking and use it to overcome challenges at work and beyond.


Thursday, 7 February 2019 

Latest News

RADICAL CHANGES PROPOSED FOR EMPLOYER-ASSISTED TEMPORARY WORK VISAS: Lane Neave Partners Mark Williams and Rachael Mason discuss the Government's major proposed changes to employer-assisted work visa policies. The deadline for submissions on the proposal is 18 March, with the first changes likely to come into force as early as August 2019. The wide-reaching proposal will impact every New Zealand employer who employs migrants on work visas, they write.

COURT OF APPEAL DETAILS ITS DECISION IN TALLEY’S GROUP LIMITED V WORKSAFE NEW ZEALAND: MinterEllisonRuddWatts' Senior Associate Matthew Ferrier and Partner Stacey Shortall discuss the recent Court of Appeal decision in Talley’s Group Limited v WorkSafe New Zealand. The case concerned the level of detail in charging documents filed by WorkSafe in health and safety prosecutions. 

Industry Developments

ADMINISTRATORS' CONFLICTS OF INTEREST AND PRIOR PROFESSIONAL RELATIONSHIPS: Chapman Tripp Partner Daniel Kalderimis and Solicitor Moria Brengauz discuss administrators' conflicts of interest and prior professional relationships, with reference to a series of judgements from the UK. These judgements provide useful guidance on the level of previous professional engagement which would rule an administrator out of accepting a role in the insolvency of a company, they write.

Ask An Expert

HOW TO STAY MOTIVATED AT WORK WHEN HOLIDAYS ARE HISTORY: Jodie Flowerday, a Policy Advisor working in the New Zealand tertiary sector, discusses how she maintains her motivation at work when the holidays are a distant memory. Wherever possible, avoid the trap of pushing work into the new year, but in the situations where you do need to, don’t make this work your only priority in your first weeks back, she writes. 

HOW TO INFLUENCE STAFF RELUCTANT TO CHANGE OLD HABITS: Christa Ludlow, Principal Consultant of Weir Consulting, discusses how to convince staff to change if they are stuck in their old ways. Self-Determination theory suggests that people are more likely to be intrinsically motivated by a goal when three key psychological needs are satisfied: autonomy, competence and relatedness, she writes.



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