News & thinking

Feature:

Typical 12-month gift card expiry dates may soon be a thing of the past

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The days of gift cards that expire after 12 months may soon be limited after the Economic Development, Science and Innovation Committee presented its report on the Fair Trading (Gift Card Expiry) Amendment Bill to the House on 1 May, recommending…

Addressing company directors’ right to privacy

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Directors may have an easier pathway to avoid publication of their residential address to protect them from potential harm under a new Bill recently introduced to Parliament. However, doubts remain about the proposed process and there are questions…

The return of 90-day trial periods

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Ninety-day trial periods have been back for a few months now, after the Government made good on this key election promise on 23 December 2023. Previously only available for employers with fewer than 20 employees, the provision has been extended…

Should Fair Trading Act penalties be increased?

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Last week, the chair of the Commerce Commission (Commission), Dr John Small, told a select committee during its annual review process that the potential penalties enforceable under the Fair Trading Act 1986 (FTA) are weak and a frustration for…

Employment Court awards record $1.8m in damages for school counsellors’ mental harm

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The Employment Court Cronin-Lampe v The Board of Trustees of Melville High School has recently awarded almost $1.8m in damages, being the highest award of damages in the employment jurisdiction since 1992. Mr and Mrs Cronin-Lampe were employed…

Two Anthony Harper lawyers named as 2024 NZ Lawyer Rising Stars

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Anthony Harper is delighted to announce the inclusion of Tamara Webster and Alice von Batenburg as 2024 NZ Lawyer Rising Stars, an annual list of the legal profession’s most promising young talent. Tamara Webster is a Senior Associate at…

Is 2024 going to be “the insolvency year”?

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Most professionals in the insolvency world would agree that the effects of Covid have been slow to make an impact in our area. Indeed, during the "Covid years" of mid-2020 to -late 2022, New Zealand experienced very low insolvency numbers.…

Anthony Harper Summer Theatre delights in Ōtautahi

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On Wednesday 17 January 2024, Anthony Harper transported over 400 clients and their families to ancient Greece during an exclusive performance of The Odyssey, this year's Anthony Harper Summer Theatre production. Staged by local theatre company…

Anthony Harper recommended as a leading New Zealand law firm

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Anthony Harper continues to be recommended as a leading law firm in New Zealand, recognised in The Legal 500 Asia Pacific Guide 2024 for its expertise and knowledge across 10 practice areas. The firm is proud to be ranked in the following…

Partner and three special counsel promotions at Anthony Harper

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Law firm Anthony Harper has announced the promotion of Joey James to partner, and Jordan Wright, Olivia Welsh and Sarah Anderson to special counsel. Managing Partner, Malcolm Hurley says: "We are proud to recognise 10 talented lawyers who…

New requirements for incorporated societies now live

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The new Incorporated Societies Act 2022 (Act) and its Regulations came into force on 5 October 2023. This introduces significant changes to the law for incorporated societies, meaning that: Existing incorporated societies are now able…

Managing the fallout from cyberattacks and major business incidents

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The Australian Federal Court has released a decision of considerable interest to businesses investigating incidents and potential wrongdoing. Optus has lost its bid to keep secret the cause of a cyberattack in 2022, which resulted in exposure…

New Retirement Villages partner at Anthony Harper

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Law firm Anthony Harper has announced the promotion of Rose Clements to the partnership. Based in Tāmaki Makaurau, Rose specialises in retirement village and aged care law, acting for operators and statutory supervisors. With over 17 years'…

New Ōtautahi partner at Anthony Harper

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Law firm Anthony Harper has announced the promotion of Chloe Jolliffe to the partnership. Chloe is an insolvency law specialist with over 17 years' experience. Her expertise focuses on the repossession of goods and recovery of real property,…

What employers can expect under a National-led government

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With the official results for this year's election due tomorrow, New Zealanders have voted for change with a National-led government. While employment law policies have not been a significant feature of National's campaign, we can expect some…

What a new Government means for financial services

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"Cutting financial red tape and unlocking the enormous potential of KiwiSaver is part of National’s broader plan to strengthen the economy so we can reduce the cost of living, lift incomes for all and deliver the public services New Zealanders…

Mainzeal – Supreme Court recognises two “new” causes of action for creditors

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The Supreme Court recently released its decision in relation to the long-running directors' duty case, Yan v Mainzeal Property and Construction Limited (in liquidation) [2023] NZSC 113 (Mainzeal). In the wake of the release, there have been…

Four key points from the Employment Court’s latest decision against Customs

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On 30 June 2023, Chief Judge Inglis of the Employment Court determined that the New Zealand Customs Service (Customs) did not act as a fair and reasonable employer in terminating the employment of a worker (referred to as GF). Inglis said…
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Legal risks associated with the use of AI

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In the span of a few years, Artificial Intelligence (AI) has showcased its potential to revolutionise the way we live, work, and interact. However, for many of us, the concept of AI and what it holds for the future remains a grey area. In…
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AI, privacy and confidentiality

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Many organisations have raised concerns regarding the relationship between AI (particularly public AI), and personal and/or confidential data. Anyone using public AI, such ChatGPT, could potentially breach privacy and/or confidentiality…
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Who owns the copyright for AI-generated content?

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With more companies and users creating content and images using generative AI (GAI), it is unclear however who owns the resulting copyright in these works. Under the Copyright Act 1994 (the Act), computer-generated content (which includes…
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Bias and reliability issues with AI-generated content

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The ability of AI to process complex queries and deliver an articulate response in a matter of seconds can lead to users treating the output as fact. The reality, however, is that AI delivers information and makes decisions based off the…
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Developing a workplace policy for AI use

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The AI landscape continues to evolve with organisations embracing and incorporating this cutting-edge technology into their operations. While AI's potential to provide significant benefits, including increased efficiency and cost savings,…
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Gloriavale – A cautionary tale

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Chief Judge Inglis has made it clear for the second time that "the tail will not wag the dog" when it comes to the employment status of former Gloriavale residents. Last week, she held that six former female Gloriavale residents were employees…

Establishing Customer Data Rights – Have your say on the Customer and Product Data Bill

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MBIE has opened consultation on the exposure draft of the highly anticipated Customer and Product Data Bill. The Bill establishes what has been referred to as a 'Consumer Data Right' (CDR). In practical terms the CDR aims to bolster the rights…

Uber allowed to appeal decision on driver employment status

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The issue of whether gig workers are employees continues to work its way through our Courts. On 8 June 2023, the Court of Appeal granted Uber the right to appeal the Employment Court's landmark case of E Tu inc v Rasier Operations BV determined…

Avoiding and dealing with sharemilking disputes

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The end of the dairy season is here, so many sharemilking arrangements are coming to a close or are set to be renewed. For those of you who have entered Federated Farmers Contract Milking Agreements (Agreement), here are some points you should…
The timeframe for employees to raise a personal grievance regarding sexual harassment is poised to change from 90 days to 12 months

How to prepare for the new sexual harassment law change

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Employers are likely to need to update their employment agreements next month (or shortly afterwards) to comply with changes regarding the timeframes for employees to raise personal grievance claims. The Employment Relations (Extended Time…

Kaikōura Earthquake insurance claim deadline looms

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On 14 November 2016 at two minutes past midnight, a magnitude 7.8 earthquake struck the Kaikoura region (Kaikōura EQ).  It caused extensive damage in the North Canterbury, Marlborough and Wellington Regions. Conservative estimates suggest…

Uber drivers held to be employees

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In a landmark decision issued yesterday, the Employment Court has held that four Uber drivers were employees, not independent contractors. This decision highlights the growing risk that technology platforms and companies using gig workers…

TECNZ Annual Conference 2022 – Key Takeaways

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Last month, Health and Safety Partner, Grant Nicholson and solicitor in the Employment Team, Lauren Dennehy, visited lovely Nelson to present seminars at the Annual Tourism Export Council New Zealand Conference. Grant discussed the current…

Returning employees to the workplace

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Vaccination rates are high and we have begun to contemplate herd immunity whilst New Zealand works our way towards the conclusion of the current Omicron outbreak. Employers may now be looking to return their employees to the workplace in lieu…

The End of the Mandate…

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After the decision of Yardly[1], IOX[2] and the wide spread community transmission of Covid-19, we waited with baited breath to see what changes the Government would make to the Covid-19 Protection Framework and the government vaccine mandates…

COVID-19 Changes announced

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What are the changes and what do these mean for your business? This morning (23 March 2022) the New Zealand Government announced significant amendment to vaccination mandates, the COVID-19 Protection Framework and 'My Vaccine Pass' requirements. Following…

Menopause – what employers need to know

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Menopause has far reaching impacts on the lives of women, and as more stay in paid employment longer, on workplaces, too.  Some employers might jump to risk mitigation first. However, leadership specialist Kate Billing and Anthony Harper…

Are vaccine mandates under threat?

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As we head into the peak of Omicron, vaccine mandates remain highly contentious and the subject of prolonged protests around the country. Rather than joining the protest, three Police and Defence Force workers have convinced the High Court that…

The Government takes on the income protection insurance market

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Last week, Finance Minister Grant Robertson announced the Government's proposal for a universal income insurance scheme. The "social insurance" would support New Zealanders who lose their job through no fault of their own, or need to stop…

Income insurance in New Zealand – a saving grace or undue burden?

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On 2 February the Government announced the details of a proposed nation-wide Income Insurance Scheme (IIS). The implementation of such a scheme in New Zealand is a significant reform, potentially the largest since the adoption of the ACC…
Action in the courts

Court ends Ross Class Action against Southern Response

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A High Court Judgment delivered by the Hon Justice Osborne last week (16 December) terminates the Ross Class Action ("RCA") against Southern Response Earthquake Services Limited.  This removes the last hurdle for homeowners to recover their…
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Southern Response decision unlocks $300m more

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Southern Response’s decision to accept the Court of Appeal's findings in the Dodds’ case allows at least 3,000 Christchurch policyholders who settled their claims before 1 October 2014 to receive compensation of $100,000 each, on average,…