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- Planning to develop land? - National Policy Statement for fresh water reforms - Decade of aquaculture roadblocks soon to be lifted - New Environmental Protection Authority established
MinterEllisonRuddWatts, May 2011

The Government is continuing to work through its environmental reform agenda at a brisk pace. This month it has finalised a National Environment Standard for contaminants in soil and a National Policy Statement for Fresh Water. Significant progress has also been made on two key pieces of legislation this month, with the Aquaculture Amendment Bill passing its second reading and the Environmental Protection Authority Act passing into law...

"Commission Free to Gag"
MinterEllisonRuddWatts, April 2011

Last week the Court of Appeal confirmed the extensive nature of the Commerce Commission’s (Commission) gagging powers. The scope of such powers may come as a surprise to many. On 10 March the Court of Appeal allowed the Commission’s appeal and rejected Air New Zealand’s (Air NZ) cross appeal in the “gagging orders” case...

‘Finfluencers’ – Are you Providing or Receiving Financial Advice?
MinterEllisonRuddWatts, June 2021

This week, the Financial Markets Authority (FMA) released aguideto talking about money matters online. Discussion on a range of financial topics such as money, budgeting, investing and spending have been increasing over the years. However, the line betweentalkingabout these topics can sometimes cross into the territory ofproviding financial advice, which is a regulated area subject to strict rules in New Zealand...

A Breach of Lease May Not Mean the End of a Lease
MinterEllisonRuddWatts, November 2020

A recent High Court decision is a good reminder to both landlords and tenants of the Court’s power to stop a landlord ending a lease even where the tenant’s breach is serious and deliberate. Landlords need to act with considerable care in exercising their rights to end a lease due to a tenant breach if the breach causes no harm to the landlord but the ending of the lease would have material financial consequences for the tenant...

A Country Divided: Alert Level Differences and New Zealand’s Construction Supply Chain
MinterEllisonRuddWatts, September 2021

The Delta variant’s arrival in New Zealand has resulted in a range of novel issues impacting the construction industry.  The latest has arisen due to the interregional differences in Alert Levels.  While Auckland remains at Level 4 until at least 11:59pm on Tuesday 14 September, from 11:59pm tonight, the remainder of New Zealand will move to Level 2...

A Year of Long Tails and Shop Windows
MinterEllisonRuddWatts, December 2020

The direction of travel in M&A activity and litigation in 2021 Coming to the end of what can safely be described as an unprecedented year, we look ahead to 2021, alive to the fact that predictions are, at best, difficult. While we are currently sailing in relatively calm waters, with economic indicators better than predicted, most commentators agree that a storm is approaching. We simply do not know when or how it will hit...

Addressing New Zealand’s sea freight challenges
MinterEllisonRuddWatts, October 2021

COVID-19 has generated significant challenges for New Zealand’s international supply chains, causing considerable disruption and cost increases for local businesses and consumers. Anyone reliant on sea freight is currently grappling with the consequences of an unexpected surge in global consumer spending that has led to record-breaking demand for shipping services and equipment, beyond available capacity...

Advertising Health Related Claims for COVID-19 Products
MinterEllisonRuddWatts, April 2020

Currently there is an increase in the production and sale of products to help deal with risks from COVID-19 such as face masks, hand sanitisers and other personal protective equipment. In some cases, these products are advertised with health related claims, including the prevention of COVID-19. With a rush to get products to market quickly in response to global demand there is an increased risk of unsubstantiated or misleading and deceptive claims...

Advertising Standards Authority Releases Formal Guidelines for Instagram Influencers
MinterEllisonRuddWatts, September 2020

Yesterday, the Advertising Standards Authority (ASA) issued a set of guidelines for social media influencers to follow when posting advertorial content. The document, titled ‘Influencers: Making it clear that ads are ads', has been developed to support the identification of influencer advertising content and highlight the collective responsibilities of influencers, agents, and advertisers in ensuring ad content is labelled for consumers...

After the State of Emergency is lifted: What is the Status of a ‘Stickered’ Building in Christchurch?
MinterEllisonRuddWatts, March 2011

Following the Christchurch earthquake on 22 February 2011 a National State of Emergency was declared under the Civil Defence Emergency Management Act 2002 (CDA 2002). The State of Emergency (SOE) has been extended and remains in force as at the date of this Alert.The purpose of this News Alert is to consider the consequences for building owners and Territorial Authorities (TAs) once the SOE is lifted and the Building Act applies; however it is not a comprehensive review...

Alert Level 3: Big Change for Some Commercial Tenancies, Very Little Change for Others
MinterEllisonRuddWatts, April 2020

Alert Level 3 began at 11.59pm on 27 April 2020, with the implementation of the Health Act (COVID-19 Alert level 3) Order 2020 (theLevel 3 Order). For some people and businesses this change provides welcome relief to revive business operations (albeit with some modifications), but for others very little has changed...

AML/CFT Act statutory review – Ministry of Justice calls for submissions
MinterEllisonRuddWatts, October 2021

Today, the Ministry of Justice (Ministry) released the consultation document for its statutory review of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act). The Ministry has asked for submissions, or feedback through an online questionnaire, by 5pm on 3 December 2021. This consultation is a keystone component of that statutory review, which commenced on 1 July this year as required under s 156A(1) of the AML/CFT Act...

AML/CFT Identity Verification during COVID-19 Lockdown
MinterEllisonRuddWatts, March 2020

On Thursday 26 March 2020, the Reserve Bank of New Zealand, Financial Markets Authority and Department of Internal Affairs (together, the AML/CFT Supervisors) jointly released urgent guidance on how to comply with the verification requirements under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) while New Zealand is subject to the COVID-19 Alert Levels and, in particular, the current national lockdown of Level 4 (COVID-19 Verification Gui

AML/CFT Supervisors Release Updated Guideline for the Amended Identity Verification Code of Practice 2013
MinterEllisonRuddWatts, July 2021

On 16 July 2021, the Financial Markets Authority, the Department of Internal Affairs, and the Reserve Bank of New Zealand (Supervisors), released the updatedExplanatory Note: Electronic Identity Verification Guideline(Guideline) on the Amended Identity Verification Code of Practice 2013 (AIVCOP). The Guideline replaces the previousIdentity Verification Code of Practice – Explanatory Noteissued in December 2017 (Previous Explanatory Note)...

Are you Thinking About Privacy? Reassess and Prepare for the New Privacy Act
MinterEllisonRuddWatts, August 2020

New Zealand's new Privacy Act 2020 comes into force on 1 December 2020 and all organisations should be preparing for the changes now. We share practical steps to help prepare and outline the key changes in the Act below.Agencies need to turn their attention to reviewing internal practices, processes and policies, to ensure they comply with obligations under the new Act...

Auckland’s Alcohol Retailers Face Restricted Trading Hours
MinterEllisonRuddWatts, April 2015

Last Friday a summary was released of the recommendations of the Panel considering submissions on Auckland’s Local Alcohol Policy (LAP). The Council developed the LAP under the Sale and Supply of Alcohol Act 2012 (Act). Through LAPs, councils can restrict or extend premises’ trading hours, limit the location and number of licensed premises and recommend conditions on the issuing of licences...

August Construction News
MinterEllisonRuddWatts, August 2020

A range of news from the construction and infrastructure industries for August.   MinterEllisonRuddWatts in the Market The operation of force majeure clauses in the COVID-19 era On 26 August, Construction Partner Travis Tomlinson presented at Contract Law New Zealand’s virtual Contract Law Masterclass alongside other industry experts...

Blockchain in The Agri Sector
MinterEllisonRuddWatts, July 2018

Operators in the New Zealand agricultural sector are likely to have heard of blockchain, the technology that underpins Bitcoin, and will be starting to see the very real application for blockchain in supply chain management.  As the interest in blockchain technology increases in numerous sectors, it is agri-business which is one of the sectors that seems set to see significant transformational benefits from its adoption...

Building and Construction: What the COVID-19 Lockdown Means for You
MinterEllisonRuddWatts, March 2020

From 11.59pm on Wednesday 25 March, New Zealand will be at ‘Alert Level 4’ of the country’s pandemic response plan seeking to limit the spread of COVID-19. Only ‘essential services’ will remain open and operational for the next 4 weeks, at least. Many in the construction industry have prepared their workplace for a potential lockdown...

Business Disruption Insurance and COVID-19
MinterEllisonRuddWatts, March 2020

Businesses that suffer losses because of disruption caused by COVID-19 will be considering whether they may be able to make claims under their insurance policies...

Can we vaccinate? Yes, we can.
MinterEllisonRuddWatts, October 2021

COVID-19 vaccinations are now on the list of topics to avoid at dinner parties (which are still virtual for those of us in Auckland). Globally, we have seen COVID-19 vaccinations create mixed emotions around civic responsibilities and bodily autonomy, and spark protests in breach of many “stay at home” orders...

Canadian Cases: Examining Enforceability of Website Terms, Electronic Identity and Unsolicited Electronic Messages
MinterEllisonRuddWatts, October 2011

In this newsletter we look at a recent Canadian case that examines the requirements for enforceability of website terms of use, the newly introduced Electronic Identity Verification Bill and a change to the Unsolicited Electronic Messages Act. We have also included a reminder about the process for the new top level domain ".xxx"...

Canterbury Earthquake Recovery Act 2011 – implications
MinterEllisonRuddWatts, April 2011

 The Canterbury Earthquake Recovery Act 2011 (CER Act) was passed by parliament under urgency last week. It received Royal Assent and came into force on 18 April 2011. The purpose of the CER Act is to govern the recovery in the Canterbury Region following the 22 February 2011 earthquake in Canterbury. The CERA Act replaces the Canterbury Earthquake Response and Recovery Act 2010 which was passed following the 4 September 2011 earthquake...

Cartel Conduct Now a Criminal Offence
MinterEllisonRuddWatts, April 2021

Key points following the legislative change From Thursday 8 April 2021, it is a criminal offence to enter into or give effect to an agreement containing a cartel provision. Individuals who participate in cartel conduct can be imprisoned for up to seven years. A cartel provision is a provision in an arrangement between competitors that has the purpose, effect or likely effect of fixing price, restricting output, and/or allocating markets...

Cartel Criminalisation – Six Months On
MinterEllisonRuddWatts, October 2021

Six months on from criminalisation of cartel misconduct, MinterEllisonRuddWatts’ Organisational Integrity team look at why criminalisation remains a ‘game changer’, the inevitability of a first criminal prosecution, and why having a plan that recognises the special nature of criminalisation is an important part of your risk management strategy. Criminalisation of cartel misconduct Six months ago, cartel misconduct became a criminal offence under New Zealand law...



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