Article
Case clarifies health and safety obligations of contractors
A principal or head contractor is responsible for monitoring health and safety and for having a clear policy in place.
Duncan Cotterill
- Article
Absentee farm ownership and Resource Management Act (RMA) prosecution risk – is it worth it?
The answers lie in the way that RMA offences have been structured and what this requires of absentee farm owners.Duncan Cotterill - Article
Contract and Commercial Law Act 2017
The Act comes into force on 1 September 2017, with an increasing shift towards user-friendly and modernised legislation.Duncan Cotterill - Article
Under what circumstances should you form a trust?
Some of the common purposes of a trust, and the structures which can be utilised, will be discussed in this article.Duncan Cotterill - Article
First workplace bullying prosecution in South Australia
This bullying conviction in South Australia could have implications for health and safety practices in New Zealand.Duncan Cotterill - Article
Holidays Act 2003 review announced
However, any legislative changes from the Working Group's recommendations are likely to be at least two years away.Duncan Cotterill - Article
The Privacy Commissioner recently released guidance on right to workplace bullying information by a complainant
The Privacy Commissioner recently released guidance on a complainant's right to information in workplace bullying matters.Duncan Cotterill - Article
Forestry update - Emissions Trading Scheme (ETS) - forestry for carbon credits
The 2018 ETS Review focussed on some key proposals to help improve this afforestation scheme for market participants.Duncan Cotterill - Article
High Court decisions released on Plan Change 5
Discussion of recent HC decisions on Plan Change 5 to the Canterbury Land and Water Regional Plan.Duncan Cotterill - Article
Contract and Commercial Law Act 2017- implications for insurers
All insurance policy documents should be reviewed and updated by 1 September 2017 to comply with the CCLA. with the CCLA.Duncan Cotterill - Article
Judgment summary: Xu v IAG New Zealand Ltd (SC 47/2018) [2019] NZSC 68: earthquake damage and property insurance
A policy of property insurance is personal and cannot be assigned to purchasers without the consent of the insurers.Duncan Cotterill - Article
Kit Kat fingers shape – trademark registration - the United Kingdom plays catch-up with New Zealand
A New Zealand decision on the trademark registrability of the Kit Kat four fingers shape was handed down some years ago.Duncan Cotterill - Article
Overseas Investment Amendment Act – forestry update
This update contains more detail on how the changes will impact on the forestry sector.Duncan Cotterill - Article
Caveats explained
A caveat lodged against the title prevents the registered owner from selling, mortgaging, or dealing with the property.Duncan Cotterill - Article
Changes to National Planning Standards
The Standards aim for consistency in planning documents, but this approach may not appreciate differences between regions.Duncan Cotterill - Article
Court of Appeal decision confirms that direct payment agreements can provide protection from voidable transactions
A direct agreement empowers the financier to step in and complete the construction project if the developer defaults.Duncan Cotterill - Article
Recreational access to land – how is this affected by health and safety?
WorkSafe has clarified that the HSWA does not cover injuries that happen as a result of doing a recreational activity.Duncan Cotterill - Article
Resource Management Act: are neighbours affected parties?
Whether a person is "an affected person" under the Resource Management Act is a complex question - seek legal advice.Duncan Cotterill - Article
Update to technical guidance for earthquake repairs
The NZ MBIE has released updated technical guidance for repairs and rebuilds relating to the Canterbury earthquakes.Duncan Cotterill - Article
IRD number requirement for all property transactions, not just for foreign buyers
All buyers and sellers of NZ property will be required to provide their IRD numbers as part of the conveyancing process.Duncan Cotterill