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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Bell Gully

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Employers face claims by MBIE for holiday pay non-compliance

August 2018 - Employment. Legal Developments by Bell Gully.

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The widespread problems relating to compliance with the Holidays Act 2003 have recently hit the headlines again.  

Insider trading laws - clarity for the market

August 2018 - Corporate and commercial. Legal Developments by Bell Gully.

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‚ÄčNew regulations will finally clarify that in most cases insider trading rules do not apply to a new issue of financial products.

OIO residential land amendments delayed

August 2018 - Real estate. Legal Developments by Bell Gully.

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The date for the Select Committee to report to Parliament on the Overseas Investment Amendment Bill (the Bill) has been extended to 21 June 2018. The Select Committee's report was previously anticipated on 31 May 2018. This delay is unsurprising given the substantial number of submissions to the Select Committee, and it is encouraging to see the Select Committee taking more time to work through the potential unintended consequences for businesses from the Bill. 

Australian class action reform: implications for New Zealand

August 2018 - Litigation & Dispute Resolution. Legal Developments by Bell Gully.

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On 31 May 2018, the Australian Law Reform Commission (ALRC) released a discussion paper‚Äč‚Äč as part of its inquiry into class action proceedings and third-party litigation funders.

Zero Carbon Bill update: discussion document seeks public feedback

August 2018 - Projects, Energy & Natural Resources. Legal Developments by Bell Gully.

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Public consultation that could have far-reaching implications for business is underway on the Government's proposed Zero Carbon Bill, following the release of a Discussion Document by the Ministry for the Environment. There is currently no draft bill; the Discussion Document seeks feedback on key questions of policy and systems architecture that will underpin the legislative regime. This is an early opportunity for those affected to have their say on the Government's approach to some fundamental questions as it seeks to transition New Zealand to a net zero emissions economy. Consultation closes at 5pm on 19 July 2018.

New leniency for foreign buyers in Overseas Investment Act overhaul but redraft raises fresh issues

July 2018 - Employment. Legal Developments by Bell Gully.

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A select committee report on changes to overseas investment rules has proposed relaxing some of the planned restrictions on foreign buyers which could have hindered development, but the amendments raise a number of new issues that require close examination.

Double tax agreement interpretation in the spotlight again ‚Äď Court of Appeal reverses foreign tax

July 2018 - Litigation & Dispute Resolution. Legal Developments by Bell Gully.

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‚Äč‚Äč‚ÄčThe correct interpretation of New Zealand's double tax agreements (DTAs) is once again in the spotlight after a recent Court of Appeal decision treats them in the same way as private contracts. Previously, local and international rulings suggested the international context and purposes of ‚Äčsuch treaties should be taken into account.‚Äč

Tax treatment of cryptocurrencies - Questions and (some) Answers

July 2018 - Tax. Legal Developments by Bell Gully.

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‚ÄčThe Inland Revenue has published a Q&A on the income tax treatment of cryptocurrencies. You can find the document here.

NZX consults on revamped listing rules under a new market structure

July 2018 - Corporate and commercial. Legal Developments by Bell Gully.

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‚Äč‚Äč‚Äč‚Äč‚ÄčNZX has released an exposure draft of its proposed new listing rules for consultation, with a view to implementing the new rules towards the end of 2018 and bringing them into effect on 1 January 2019. This follows NZX‚Äôs consultation at the end of last year on a wide span of issues to reform and reinvigorate NZX‚Äôs capital markets, ranging from a consideration of the structure of NZX‚Äôs equity markets to specific listing rule settings. 

Proposed GST changes for low value goods

July 2018 - Tax. Legal Developments by Bell Gully.

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Interested parties should pay attention to the Government’s call for submissions on proposals to lower the threshold at which offshore purchases become liable for GST, with decisions yet to be made on a number of aspects.

Multinational tax proposals move closer to enactment with (some) taxpayer concessions

July 2018 - Tax. Legal Developments by Bell Gully.

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The Officials' Report on submissions on the bill containing new rules to combat "base erosion and profit shifting" (often referred to as BEPS) by foreign multinationals has finally been released together with the second reading of the bill.  Concerns that the new rules could impact foreign investment in New Zealand and therefore should be abandoned or deferred were largely rejected by Officials.  Officials are clearly committed to bringing the proposals into law in time for the 1 July 2018 target date, but did recommended some softening at the edges to address public concerns. 

A win for contractual certainty - UK Supreme Court finds "no oral variation" clauses enforceable

July 2018 - Litigation & Dispute Resolution. Legal Developments by Bell Gully.

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In a welcome move from the standpoint of contractual certainty, the United Kingdom's Supreme Court has overturned the Court of Appeal in its eagerly-awaited decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd. In doing so, the Supreme Court has unanimously confirmed that no oral variation (or modification) (NOM) clauses are valid and enforceable in contract law. The decision brings an end to decades of debate in the United Kingdom about the issues. Undoubtedly, it will also shape future New Zealand decisions.

Arbitration in New Zealand

July 2018 - Litigation & Dispute Resolution. Legal Developments by Bell Gully.

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International arbitration is growing in importance as a dispute forum in New Zealand as it is around the world. 

Domestic violence victims one step closer to receiving greater protection from their employer

July 2018 - Employment. Legal Developments by Bell Gully.

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The Domestic Violence ‚Äď Victims' Protection Bill took another step forward in Parliament in June and has now passed its second reading. 

Government puts cartel criminalisation back on the table

March 2018 - Crime. Legal Developments by Bell Gully.

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The Minister of Commerce and Consumer Affairs, Kris Faafoi, has today tabled the Commerce (Criminalisation of Cartels) Amendment Bill (the Bill) in the House.

New Zealand favours English approach to penalties

March 2018 - Litigation & Dispute Resolution. Legal Developments by Bell Gully.

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A recent High Court decision marks an important step in the development of the approach to the ‚ÄúPenalty Doctrine‚ÄĚ in New Zealand ‚Äď that is, the principle that contractual provisions which allow parties to punish one another disproportionately are unenforceable. Justice Whata‚Äôs judgment in Honey Bees v 127 Hobson Street1 carefully traverses the recent evolution of the doctrine and provides helpful clarification of its application to contracts in New Zealand.

How open is New Zealand to Open Banking

March 2018 - Finance. Legal Developments by Bell Gully.

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This week New Zealand hosts the Digital Nations 2030 to discuss what is required to become a truly digital nation by 2030. Open Banking is a critical first step, but where is it on the Government‚Äôs agenda?‚Äč

International tax information exchange in the spotlight after judicial review blocks IRD information

February 2018 - Tax. Legal Developments by Bell Gully.

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Auckland-based accounting firm Chatfield & Co Ltd has won a judicial review into the lawfulness of information production notices issued by the Commissioner of Inland Revenue (the Commissioner).

New report suggests the time is right to review the electricity sector

December 2017 - Projects, Energy & Natural Resources. Legal Developments by Bell Gully.

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‚Äč‚Äč‚ÄčRenewable energy targets and the take-up of new technologies mean it is the right time to review the regulatory settings for the electricity sector, according to a new report by law firm Bell Gully.

VIDEO: Businesses must prepare for a future with higher carbon costs

December 2017 - Projects, Energy & Natural Resources. Legal Developments by Bell Gully.

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Businesses must prepare for a future with higher carbon costs

Simon Watt, Partner | November 2017

A Zero Carbon Act will set New Zealand’s first legally binding target for emissions reduction, which will be monitored by an independent Climate Commission. Simon Watt, corporate partner at Bell Gully and an internationally recognised climate change lawyer, was interviewed by Unfiltered about the key climate change measures that have emerged from the election and the implications for business.

‚ÄúTransformational‚ÄĚ changes to the employment landscape under new government?

December 2017 - Employment. Legal Developments by Bell Gully.

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‚ÄúTransformational‚ÄĚ changes to the employment landscape under new government?

Rachael Brown and Tim Clarke, Partners | Thursday 26 October 2017

The change in government after nine years is likely to result in important changes to the employment landscape in New Zealand. The coalition agreement between the New Zealand Labour Party and New Zealand First describes the parties' intention of providing a "transformational" government with a key focus on sustainable economic development, higher wages, a healthy environment and reducing poverty and inequality. This article provides a summary of the key policies that will have an impact on New Zealand's employment laws and framework.

Update on the new Government’s foreign investment policy direction

December 2017 - Projects, Energy & Natural Resources. Legal Developments by Bell Gully.

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Update on the new Government’s foreign investment policy direction

Andrew Petersen and Willy Sussman, Partners | Wednesday 29 November

The New Zealand Government has published the first of its changes aimed at strengthening the Overseas Investment Act 2005 (OIA) by issuing a new Directive Letter (Letter) to the Overseas Investment Office (OIO). This will affect foreigners looking to purchase sensitive land in New Zealand.  

VIDEO: Outlook for construction in New Zealand

November 2017 - Corporate and commercial. Legal Developments by Bell Gully.

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VIDEO: Outlook for construction in New Zealand

Tom Bennett, Partner | November 2017

The New Zealand Government‚Äôs planned investment in infrastructure includes a greater focus on public transport and regional development. Property lawyer Tom Bennett, a construction specialist with Bell Gully‚Äôs projects and developments team, was interviewed by Unfiltered about the outlook for construction in New Zealand, and the potential impact of policy changes on a sector facing high demand and capacity constraints.  

Corporate Reporter - Issue No. 47

August 2017 - Corporate and commercial. Legal Developments by Bell Gully.

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Corporate Reporter - Issue No. 47

Glenn Joblin and Torrin Crowther, Partners | Tuesday 22 August 2017

‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčWelcome to Issue No. 47 of Corporate Reporter, Bell Gully's regular round-up of corporate and general commercial matters, designed to keep you informed on regulatory developments, legislation and cases of interest.

Passing of Cartels Bill marks new era in New Zealand competition law

August 2017 - EU & Competition. Legal Developments by Bell Gully.

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Passing of Cartels Bill marks new era in New Zealand competition law

Torrin Crowther, Partner and Glenn Shewan, Senior Associate | Thursday 10 August 2017

‚ÄčAfter almost six years before Parliament, the Commerce (Cartels and Other Matters) Amendment Bill finally passed its third reading in Parliament today. Royal Assent is expected in the coming days.

CCH New Zealand Budget Report 2017

August 2017 - Corporate and commercial. Legal Developments by Bell Gully.

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CCH New Zealand Budget Report 2017‚Äč‚Äč‚Äč‚Äč

Mathew McKay, Partner | Thursday 25 May 2017 

In conjunction with CCH, our tax team has analysed the 2017 Budget and has produced a report providing an in-depth analysis of its implications.‚Äč‚Äč

Doing Business in New Zealand: a guide

August 2017 - Corporate and commercial. Legal Developments by Bell Gully.

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Doing Business in New Zealand: a guide

Wednesday 26 July 2017

‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčIn ‚Äč‚Äč‚Äčresponse to demand from overseas investors and their professional advisers for information about investing in and trading with ‚ÄčNew Zealand, Bell Gully has produced a guide to doing business in New Zealand.‚Äč

New Zealand proposes steps to keep playing in the global OTC sandpit

August 2017 - Finance. Legal Developments by Bell Gully.

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New Zealand proposes steps to keep playing in the global OTC sandpit

David Craig, Partner | Friday 14 July 2017

‚Äč‚Äč‚Äč‚ÄčFor large counterparties based in G20 countries, margin rules for over-the-counter (OTC) derivatives have been a challenge for some time. By contrast, New Zealand counterparties have, until recently, been largely immune from the effects of these rules. However, given the global nature of the OTC derivatives markets, and the dependency of local banks on offshore funding, that shelter was never going to last. We might have been permitted to play in the global OTC sandpit up until now, but the big boys get to set the rules. And, when they change them, your choices are to accept the new rules or find another sandpit to play in. 

Corporate Reporter - Issue No. 46

August 2017 - Corporate and commercial. Legal Developments by Bell Gully.

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Corporate Reporter - Issue No. 46

Glenn Joblin and Torrin Crowther, Partners | Thursday 29 June 2017

‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčWelcome to Issue No. 46 of Corporate Reporter, Bell Gully's regular round-up of corporate and general commercial matters, designed to keep you informed on regulatory developments, legislation and cases‚Äč of interest.

Bell Gully's Takeovers Market Practice Report

August 2017 - Corporate and commercial. Legal Developments by Bell Gully.

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Bell Gully's Takeovers Market Practice Report

James Cooney and James Gibson. Partners | Friday 23 June 2017

Bell Gully's Takeovers Market Practice Report is the first in-depth analysis of New Zealand takeovers data since the introduction of the Takeovers Code in 2001. 

Should NZ recognise blockchain signatures and smart contracts in our Electronic Transactions Act?

June 2017 - TMT ( Technology, Media & Telecoms). Legal Developments by Bell Gully.

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‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčThe State of Arizona has passed a ground-breaking law confirming that smart contracts and blockchain-based signatures have the protection of its Electronic Transactions Act.1

Keeping the global spotlight on corruption

December 2016 - Corporate and commercial. Legal Developments by Bell Gully.

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Keeping the global spotlight on corruption

Fiona Tregonning, Senior Associate | Tuesday 17 May 2016

‚Äč‚ÄčThe recent London Anti-Corruption Summit (the Summit) saw New Zealand agree to explore some new measures in support of global efforts against corruption. The Summit, attended by over 40 countries, has kept corruption and transparency issues in the spotlight at a time when the Panama Papers had just reinvigorated debate.

CCH New Zealand Budget Report 2016

December 2016 - Corporate and commercial. Legal Developments by Bell Gully.

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CCH New Zealand Budget Report 2016

Mathew McKay, Partner | Thursday 26 May 2016

‚Äč‚ÄčIn conjunction with CCH, our tax team has analysed the implications of the changes and has produced a report providing an in-‚Äčdepth analysis of the Budget.

Concern over missing details as OECD targets tax base erosion and profit shifting

December 2016 - Tax. Legal Developments by Bell Gully.

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Concern over missing details as OECD targets tax base erosion and profit shifting

Graham Murray, Senior Associate and Mathew McKay, Partner | Friday 8 July 2016

‚Äč‚Äč‚ÄčSubmissions on a new multilateral instrument (the MLI) to target tax base erosion and profit shifting (BEPS) call for further technical details to be released for public consultation and a relaxing of its tight implementation deadline.

Immigration - raising the bar and narrowing the gate

December 2016 - Tax. Legal Developments by Bell Gully.

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Immigration - raising the bar and narrowing the gate

Willy Sussman, Partner | Tuesday 11 October 2016

‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčNews headlines from around the world accentuate the desirability of living on a Pacific Island a long way from trouble, where one can enjoy economic prosperity, no corruption and a clean green environment. Housing, at least in Auckland, is not particularly affordable but a new mayor and a new Unitary Plan (allowing for greater intensification) may offer hope.

Hidden priorities - Statutory charges and the PPSA

November 2016 - Tax. Legal Developments by Bell Gully.

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Hidden priorities - Statutory charges and the PPSA

Tim Fitzgerald, Senior Associate | Tuesday 25 August 2015

‚Äč‚Äč‚ÄčWhen can first-ranking charges und‚Äč‚Äčer the Personal Property Securities Act 1999 (PPSA) lose priority and come second?

A milestone for New Zealand arbitration

November 2016 - Litigation & Dispute Resolution. Legal Developments by Bell Gully.

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A milestone for New Zealand arbitration

Fiona Tregonning, Senior Associate | Tuesday 23 August 2016

‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčThis year marks 20 years since the passing of New Zealand‚Äôs Arbitration Act 1996 (the Act), based on the 1985 UNCITRAL Model Law and substantially overhauling New Zealand‚Äôs previous arbitration regime.

Court of Appeal upholds parties' choice of law in cross-border employment relationship

November 2016 - Employment. Legal Developments by Bell Gully.

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Court of Appeal upholds parties' choice of law in cross-border employment relationship

Rachael Brown, Partner | Thursday 10 November 2016

‚Äč‚Äč‚Äč‚ÄčEmployers based overseas will be relieved to hear that th‚Äčeir choice of law provisions with their New Zealand-based employees do hold weight with the New Zealand courts.

Corporate Reporter - Issue No. 43

November 2016 - Corporate and commercial. Legal Developments by Bell Gully.

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Corporate Reporter - Issue No. 43

Glenn Joblin and Torrin Crowther, Partners | Wednesday 16 November 2016

‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčWe‚Äč‚Äčlcome to Issue No. 43 of Cor‚Äč‚Äčporate Reporter, Bell Gully's regular round-up of corporate and general commercial matters, designed to keep you informed on regulatory developments, legislation a‚Äčnd cases of interest.

Is relief in sight for offshore futures dealers from NZ client money rules?

November 2016 - Finance. Legal Developments by Bell Gully.

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Is relief in sight for offshore futures dealers from NZ client money rules?

David Craig, Partner | Wednesday 9 March 2016

‚Äč‚ÄčBackground

The client money rules in Part 6 of the Financial Markets Conduct Regulations 2014 (the Regulations) are something of an anomaly in New Zealand financial services law. Typically, that law recognises a wholesale/retail distinction ‚Äď and regulates accordingly. That distinction has certainly been prominent in the re-write of New Zealand‚Äôs financial services laws that has occurred over the last eight years.

Part 6 is anomalous because it applies what are essentially retail-focused investor protection rules to trading activity with wholesale investors. For example, ‚Äúderivatives issuers‚ÄĚ (the label given to dealers subject to these rules) trading with wholesale investors must hold client money on trust for investors, must only use that money for specified purposes, and must meet various record keeping and reporting obligations.

Doing Business in New Zealand: a guide

November 2016 - Corporate and commercial. Legal Developments by Bell Gully.

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Doing Business in New Zealand: a guide

Friday 1 April 2016

‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčIn ‚Äč‚Äč‚Äčresponse to demand from overseas investors and their professional advisers for information about investing in and trading with ‚ÄčNew Zealand, Bell Gully has produced a guide to doing business in New Zealand.‚Äč

Ministers block Lochinver Station purchase ‚Äď what it means for overseas investors

November 2016 - Real estate. Legal Developments by Bell Gully.

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Ministers block Lochinver Station purchase ‚Äď what it means for overseas investors

Glenn Shewan, Senior Associate | Friday 18 September 2015

‚Äč‚Äč‚Äč‚ÄčThe decision by Government Ministers Paula Bennett and Louise Upston to decline consent to the NZ$88 million bid by Chinese-owned Pure 100 Farm Ltd (Pure) to buy the Lochinver Station made national headlines yesterday.‚Äč

Applications under the Overseas Investment Act 2005 - a practical update

September 2016 - Corporate and commercial. Legal Developments by Bell Gully.

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Applications under the Overseas Investment Act 2005 - a practical update 

Andrew Petersen, Partner and Glenn Shewan, Senior Associate | Friday 16 September 2016

‚ÄčFirst published in The Property Lawyer, September 2016 edition.‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč

New Zealand‚Äôs overseas investment regime has been in the media spotlight in recent times. While lobbying organisations and political parties closely scrutinise the decisions of the Overseas Investment Office (OIO), those in the investment community have raised concerns that the regime is overly burdensome and time consuming. Against this background, there have been a number of changes in process and regulation, with further changes in the pipeline, aimed at ensuring the regime is fit for purpose. This article provides a brief overview of the regime and then looks at some of the recent and impending developments.  

Changes to New Zealand’s anti-dumping laws

September 2015 - Corporate and commercial. Legal Developments by Bell Gully.

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Changes to New Zealand’s anti-dumping laws

Ian Gault, Partner and Andy Glenie, Senior Associate | Tuesday 1 September 2015

The New Zealand Government has announced that it will shortly amend the Dumping and Countervailing Duties Act 1988 (Act) to introduce a bounded public interest test (BPIT) but not an automatic termination period (ATP).

Goods are ‚Äėdumped‚Äô when an overseas manufacturer exports them to New Zealand for less than the price it sells them for in its home market. Dumping can be competitive but it can also cause significant damage to domestic manufacturers. In order to ‚Äėlevel the playing field‚Äô, the Act provides that duties can be imposed on the dumped goods.1

Following the Christchurch earthquake, the Government became concerned about the cost of building materials and suspended several existing anti-dumping duties. It also became concerned that the Act was protecting domestic manufacturers to the detriment of consumers.

Following a lengthy consultation process, the Government decided in principle in June 2015 to address that concern by introducing a BPIT into the Act.2 Further consultation was conducted regarding whether to prevent duties becoming ‚Äėembedded‚Äô by introducing an ATP so that they would automatically lapse after e.g. five years. However, the Government has now announced that no ATP will be introduced.3

The changes

The detail of the new test will only be known when an amendment bill is introduced to Parliament, but at this stage it appears likely that the BPIT:

  • will weigh the harm that would be done by the duty to downstream industries and consumers against the benefit accruing to domestic manufacturers (rather than carry out a full cost-benefit assessment);
  • will be applied whenever imposing or reviewing a duty;
  • will be subject to a discretion not to impose or defer a duty in the wake of a natural disaster (like an earthquake);
  • will come into effect before 2017 (so will be applied when the suspension of current duties on building materials ends).

The changes have the potential to reduce the protection which the Act offers to New Zealand manufacturers, so it will be important for interested parties to engage fully in the Parliamentary process. If you would like to discuss the possible implications of these changes for your business, please contact us.

For further information, please contact your usual Bell Gully adviser or:

Ian Gault
Partner

Andy Glenie
Senior Associate

1 The imposition of anti-dumping duties is contemplated in World Trade Organisation agreements including the General Agreement on Trade and Tariffs (1994), and the Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994.

2 http://www.mbie.govt.nz/info-services/business/trade-tariffs/trade-remedies/public-interest-test-for-the-anti-dumping-regime

3 http://www.beehive.govt.nz/release/competing-interests-balanced-changes-anti-dumping-laws

Disclaimer

This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.

New health and safety laws passed by New Zealand Parliament

September 2015 - Corporate and commercial. Legal Developments by Bell Gully.

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New health and safety laws passed by Parliament

Tim Clarke, Partner and Rachael Brown, Partner and Liz Coats, Senior Associate | Friday 28 August 2015

The much anticipated Health and Safety at Work Act (Act) was passed by Parliament yesterday following a fortnight of debate and last minute ‚Äútweaks‚ÄĚ to further clarify the new requirements. The Act represents the most significant reform to New Zealand‚Äôs health and safety laws in the past 25 years, with the majority of changes due to come into force on 4 April 2016.

Removal of sanctions against Iran

September 2015 - Corporate and commercial. Legal Developments by Bell Gully.

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Removal of sanctions against Iran

Ian Gault, Partner and Andy Glenie, Senior Associate | Tuesday 25 August 2015

Since 2006, the international community led by the United Nations (UN) Security Council has imposed a range of sanctions against Iran in response to its nuclear development programme.1

‚ÄúClean and tidy‚ÄĚ lease clause requires tenant to remediate subsoil contamination

September 2015 - Corporate and commercial. Legal Developments by Bell Gully.

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‚ÄúClean and tidy‚ÄĚ lease clause requires tenant to remediate subsoil contamination

Belinda Green, Senior Associate | Monday 31 August 2015

The Court of Appeal has overturned the decision in the High Court, and ordered Mobil to pay NZ$10 million in damages to its landlord, Auckland Waterfront Development Agency Limited, to remediate subsurface contamination in the Wynyard Quarter ‚Äútank farm‚ÄĚ area1. As a result of this judgement, tenants may be liable to remediate contamination pursuant to repair covenants under their leases ‚Äď even with wording as seemingly innocuous as an obligation to keep the land in ‚Äúclean and tidy order‚ÄĚ.

‚ÄúClean and tidy‚ÄĚ lease clause requires tenant to remediate subsoil contamination

September 2015 - Corporate and commercial. Legal Developments by Bell Gully.

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‚ÄúClean and tidy‚ÄĚ lease clause requires tenant to remediate subsoil contamination

Belinda Green, Senior Associate | Monday 31 August 2015

The Court of Appeal has overturned the decision in the High Court, and ordered Mobil to pay NZ$10 million in damages to its landlord, Auckland Waterfront Development Agency Limited, to remediate subsurface contamination in the Wynyard Quarter ‚Äútank farm‚ÄĚ area1. As a result of this judgement, tenants may be liable to remediate contamination pursuant to repair covenants under their leases ‚Äď even with wording as seemingly innocuous as an obligation to keep the land in ‚Äúclean and tidy order‚ÄĚ.

Call for New Zealand Emission Trading Scheme review to be pushed to 2016

August 2015 - Projects, Energy & Natural Resources. Legal Developments by Bell Gully.

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A leading New Zealand climate change lawyer is recommending the substantive part of a review of New Zealand’s Emissions Trading Scheme be held until after a major international climate change conference scheduled for the end of the year.

Call for New Zealand Emission Trading Scheme review to be pushed to 2016

August 2015 - Projects, Energy & Natural Resources. Legal Developments by Bell Gully.

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A leading New Zealand climate change lawyer is recommending the substantive part of a review of New Zealand’s Emissions Trading Scheme be held until after a major international climate change conference scheduled for the end of the year.