News & thinking

The new Privacy Bill, now the Privacy Act 2020 was passed into law on 30 June and comes into force on 1 December 2020. In this note we briefly summarise the most salient aspects of the reforms. Mandatory notification of harmful privacy breaches …

The Supreme Court has upheld previous decisions in finding that when it comes to penalty clauses, the measure is no longer whether the penalty is a "genuine pre-estimate of loss". A penalty clause will now be enforceable unless it is "out…

The aftermath of the COVID-19 lockdown will likely see a significant litigation spike, as there will inevitably be disputes about parties’ contractual obligations and who bears the risk of lockdown ramifications. We have looked back on…

Australia has strengthened its heavy vehicle transport Chain of Responsibility (COR) requirements and aligned them with workplace health and safety laws. The purpose of this reform was to clarify requirements, encourage a greater focus on…

We imagine you (like the majority of our clients) will want to resume work as soon as you can, and part of doing so will be grappling with the health and safety related issues around COVID-19. We are naturally getting quite a few queries…

The COVID-19 pandemic may prompt you to consider whether your existing estate and asset planning arrangements are appropriate and up to date.   It is an exercise that is often put in the ‘too hard’ basket because, well, let’s…

This FAQ is intended to clarify some of the uncertainty about proceedings that are currently on-foot (i.e. filed before or during the Level 4 alert restrictions).   The information contained in this FAQ is focused primarily on proceedings…

The COVID-19 pandemic will have a significant financial impact on all businesses across New Zealand, particularly as a result of the Government-directed lockdown. The nationwide financial impact may give rise to insolvency risks for some businesses. Now…

Setting up business in New Zealand may be easy, however not having in place appropriate corporate governance practices can lead to costly tax residence consequences. Doing business in New Zealand We are frequently approached by global…

It has been a busy year for Anthony Harper's new immigration team.  There have been a lot of immigration law changes.  Here is a brief overview, and also a summary of what we are likely to see in 2020. March 2019 – Mosque attacks These…

Following an independent review of the New Zealand Transport Agency's performance, the Government is considering designating the Transport Agency as a regulator under the Health and Safety at Work Act 2015 (HSWA). Such a move would significantly…

What does "plus GST, if any" really mean? Real Estate agents and purchasers alike will be interested in a recent case, which found that a vendor's agent may be liable in negligence to the purchaser for using the words "plus GST, if any" in…

The law relating to trusts has been comprehensively reviewed. This review has culminated in the Trusts Act 2019 which was passed in July and comes into full force on 30 January 2021. The Act applies to all trusts, both existing and any new trusts. The…

This is a technical update for those interested in all things Holidays Act 2003. It is important for those who pay employees based on commission. A recent Employment Court decision has finally clarified a point of law on the payment of public…

Our planning system is not functioning effectively. This statement could be attributed to everyone interested in, or affected by, the development of our natural and physical resources. On one side, environmentalists claim that the system…

It is three years since the Health and Safety at Work Act 2015 ('HSWA') came into force, and work is underway to review the existing regulatory framework and improve requirements for the management of risks associated with plant, structures,…

The New Zealand government is proposing a major restructure of the work visa system, so as to increase the financial and organisational burden on employers. Consultations ended on 18 March and the finalised proposals should be announced in June. Licensing…

Like many millennials, the Criminal Records (Clean Slate) Act 2004 (Act) remains widely misunderstood. It seems that people either grossly exaggerate its power and scope, or reduce its operation to a twink pen for drink driving convictions. Misconceptions…

The New Zealand Government spends approximately $41 billion each year buying goods and services from third-party suppliers and providers. Cabinet agreed last year to more explicitly leverage those contracts to achieve broader social, economic…

The Justice Select Committee recently published its widely anticipated report on the Privacy Bill, having now completed its review. This Bill will repeal and replace New Zealand's 25 year old Privacy Act 1993, an Act in desperate need of a refresh.…

Immigration applications are complex. There are multiple requirements to be met, some of which can seem contradictory.  Also, of course, the immigration authorities are as human as the rest of us.  Therefore, what can a migrant do, if he…

Trusts are very popular in New Zealand and are used in a variety of ways to protect property, family members and manage assets. Between 300,000 to 500,000 trusts are operational in New Zealand, and the proposed changes will impact many New Zealanders. Following…

Legal reform and the financial services sector go hand-in-hand, with almost constant regulatory change the norm. Looking ahead to 2019, there are two developments which will need particular attention – good conduct, and changes to financial…

Traditionally, privacy compliance has been perceived as relatively low risk – NZ businesses have not necessarily sought to comply with our privacy laws, typically because our Privacy Commissioner "lacked teeth".     That's…