FYI:
Competition Law – Cartel Bill: Report Back from the Select Committee
15 May 2013
In our October 2011 FYI, we updated you on the Government's introduction of the Commerce (Cartels and Other Matters) Amendment Bill into Parliament. The Committee has suggested some significant changes to the original Bill...
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FYI:
Tax Law – Taking stock: What's happening in tax?
11 Apr 2013
As a new tax year begins, we thought it timely to briefly survey recent and impending tax changes of particular interest to businesses. Many of these have been discussed in more detail in earlier FYIs, as noted below...
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FYI:
Intellectual Property – IP scams, low ball schemes and unsolicited notes
28 Mar 2013
IP rights are the latest targets for scammers and low ball schemes. Have you received an unsolicited email or letter requesting payment in relation to your intellectual property rights? ...
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FYI:
Competition Law – Recent Developments and Looking Ahead
18 Mar 2013
Over recent months, there have been a number of significant developments in New Zealand’s competition law landscape. In this FYI, we outline these recent developments, and look ahead to what further changes can be expected over the coming months...
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FYI:
Tax – Proposals to tighten interest deductions for foreign-owned businesses in New Zealand
19 Feb 2013
The "inbound" thin capitalisation rules, introduced in 1997, effectively restrict the extent to which foreign shareholders fund their New Zealand operations with debt, whether related-party or third-party (bank) debt, rather than shareholder equity...
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Overseas Investment – A new threshold for New Zealand investments by Australian investors
14 Feb 2013
Overseas investors are currently required to obtain consent from the Overseas Investment Office before making any investment in "significant business assets", "sensitive land", or "fishing quota" in New Zealand...
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FYI:
Corporate Advisory – Select Committee reports back on company law changes
19 Dec 2012
Significant company law changes moved one step closer in December when the Commerce Committee reported back on the Companies and Limited Partnerships Amendment Bill...
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Corporate Advisory – Andrews v ANZ: A fundamental shift in the approach to break fees
17 Dec 2012
A recent decision of the High Court of Australia in Andrews v Australia and New Zealand Banking Group Limited has expanded the scope of the common law penalty doctrine to include payments stipulated for events other than breach of contract...
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Construction – ECI: What is it, why use it and where is it going?
29 Nov 2012
Increasingly, the market is embracing alternative contracting models to deliver complex and large projects. One such model is ECI – Early Contractor Involvement...
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Tax Law – FATCA Update: New Zealand gets caught up in a US clampdown on tax evasion
19 Nov 2012
The Minister of Revenue, the Hon Peter Dunne, recently announced the New Zealand Government’s intention to enter into an Intergovernmental Agreement with the US Treasury, regarding the Foreign Account Tax Compliance Act ...
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FYI:
Corporate Advisory – Anti-Money Laundering and Countering Financing of Terrorism - More than just a Bank and Casino Issue
05 Nov 2012
If you think about how criminals might conduct money laundering, or the financing of terrorism, the first associations that come to mind are cash transactions with banks and casinos. But this devious behaviour can, in fact, be layered throughout the whole financial services sector...
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FYI:
Intellectual Property – Was that a misrepresentation? Issues to be aware of in franchise documentation and related communications.
29 Oct 2012
Earl Gray and Sonya Hill examine a recent High Court case (__Barrie v Nature Discoveries Ltd__ [2012] NZHC 2209) that considered alleged breaches of the Fair Trading Act 1986 in the context of a franchise relationship...
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FYI:
Tax – Baches and backdowns: Mixed-use assets and an update on lease inducements
04 Oct 2012
In this FYI we explain the significant changes to the tax treatment of “mixed-use assets” proposed in a Bill recently introduced into Parliament...
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FYI:
Tax
In this FYI we explain the significant changes to the tax treatment of “mixed-use assets” proposed in a Bill recently introduced into Parliament. We also provide an update on our recent FYI (“One Man’s Leakage Is Another Man’s Moat” 8 August) concerning proposed changes to the tax treatment of lease inducement payments.
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FYI:
Tax – One Man's Leakage is Another Man's Moat
08 Aug 2012
The IRD and Treasury are proposing that any lease inducement payment be treated as assessable income in the hands of the recipient, reversing by legislation the long-standing, non-taxable (capital) status of such payments...
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Local Government – Can Councils Tell Oil and Gas Companies to Keep the Frack Away?
31 Jul 2012
The "anti-fracking" sentiment is gaining momentum within various communities in New Zealand, amid calls for "fracking-free zones" and a national moratorium on the practice...
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FYI:
Tax – Proposed Taxation of "Salary Trade-Offs" - Impact on Charities
10 Jul 2012
IRD proposals to tax salary trade-offs (STOs) will potentially have a significant impact on employee salary packaging options for charitable organisations and other employers...
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FYI:
Corporate Advisory – Financial Markets Authority and External Reporting Board Levies
26 Jun 2012
A number of levies are to be introduced to help fund the Financial Markets Authority and the External Reporting Board...
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FYI:
Corporate Advisory – FMA Issues Final Guidance Note on Securities Offering Documents
18 Jun 2012
The Financial Markets Authority has now released its final guidance note on effective disclosure. The guidance is relevant to all issuers of securities to the public in New Zealand and their directors and advisers...
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FYI:
Internet & Digital Media – The New Domain Names
14 Jun 2012
1,930 proposals for new top-level domains were announced on 13 June by the governing body for Internet domain names, the Internet Corporation for Assigned Names and Numbers ...
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FYI:
Competition Law – Overseas Application of the Commerce Act
12 Jun 2012
A recent decision in the Court of Appeal, regarding alleged price fixing in the freight forwarding industry, has provided clarification on the application of the Commerce Act (Act) to overseas companies...
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Overseas Investment – Lessons from the Crafar Consent
03 May 2012
The Government has, for the second time, approved Shanghai Pengxin Group’s purchase of 16 dairy farms, known as the Crafar farms...
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Dispute Resolution – Protecting your Online Reputation - Walking the Social Media Tightrope
30 Apr 2012
Twitter reportedly has more than 140 million active users. Facebook users post over 60 million status updates a day. Obviously, social media offers unprecedented opportunities to connect with customers, enhance reputation and build brand...
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FYI:
Corporate Advisory – FMA Issues Revised Guidance on Securities Offering Documents
11 Apr 2012
The Financial Markets Authority (FMA) has released its revised guidance note on effective disclosure for prospectuses and investment statements...
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FYI:
Mining & Exploration – Refining New Zealand's Mineral Regime
30 Mar 2012
The Government has been reviewing the regime governing minerals permitting in New Zealand, and is now seeking input on proposals to refine that regime. This FYI explains the review process, and looks briefly at some of the key themes of the proposed refinements...
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FYI:
Corporate Advisory – Clear, Concise and Effective: Draft FMA Guidance On Securities Offering Documents
05 Mar 2012
The Financial Markets Authority recently released a draft guidance note on effective disclosure...
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FYI:
Intellectual Property – Well, Mugger Be, Are Potentially Offensive Trade Marks Becoming Easier to Register in New Zealand?
28 Feb 2012
New Zealand’s trade mark laws are intended to protect consumers by prohibiting registration of offensive marks...
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FYI:
Intellectual Property – The Optus decision and the Uncertain Future of Format-Shifting
27 Feb 2012
A copyright decision in Australia’s Federal Court on 1 February over Optus’ “TV Now” service is attracting renewed attention to the ongoing debate over the legal status of format-shifting television programmes and other copyright works...
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FYI:
Overseas Investment – Implications of the Crafar Decision
21 Feb 2012
The High Court has set aside the Government's consent to Shanghai Pengxin Group's purchase of 16 dairy farms around the North Island of New Zealand, known as the Crafar farms...
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FYI:
Climate Change & Emissions Trading – NZ ETS - Update 2012
09 Feb 2012
In our last FYIs on climate change we did some “crystal ball gazing” on the future of the New Zealand Emissions Trading Scheme (ETS), following the release of the report by the ETS Review Panel...
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FYI:
Sales & Marketing – Christmas Crackers
13 Dec 2011
The Christmas season is upon us and it is time to reflect on another year in the sometimes peculiar world of sales and marketing. Here we bring you the advertisements that pushed the boundaries, the bizarre complaints, and the amusing advertiser responses from New Zealand, Australia and the US...
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FYI:
Tax – Post-Election Tax Stock-Take
12 Dec 2011
With the election behind us, it is timely to review what will (and what will not) be happening on the tax policy front in the short and medium term...
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FYI:
Sales & Marketing – FGC Conference 2011: The Highlights
10 Nov 2011
Last week, Peter Stubbs addressed over 200 food and grocery industry delegates at the annual New Zealand Food and Grocery Council Conference in Wellington. In this FYI, we bring you the highlights of Peter's speech...
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FYI:
Energy & Natural Resources – Maui Pipeline Outage
02 Nov 2011
A gas leak in the Maui pipeline caused disruption to many businesses and there was uncertainty as to the rights and obligations of gas users, including the ability to obtain compensation...
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FYI:
Competition Law – Cartel Criminalisation One Step Closer
21 Oct 2011
Early last year, we signalled proposals to criminalise cartel conduct in New Zealand. With the recent introduction of the Commerce (Cartels and Other Matters) Amendment Bill into Parliament on 13 October, those proposals are one step closer to reality...
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FYI:
Tax – Penny & Hooper - The Fallout
17 Oct 2011
You have probably seen or heard media coverage of the Supreme Court's recent decision in Penny & Hooper v CIR. It has had a lot more media airplay than the average tax avoidance case...
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FYI:
Climate Change & Emissions Trading – Crystal Ball Gazing the Future of the NZ ETS – a Focus on Agriculture and Forestry
10 Oct 2011
The Emissions Trading Scheme Review Panel has released its Final Report. Elisabeth Welson and Craig Nelson discuss what the Panel's recommendations may mean for the agriculture and forestry sectors.
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FYI:
Climate Change & Emissions Trading – Crystal Ball Gazing the Future of the NZ ETS
10 Oct 2011
The Emissions Trading Scheme Review Panel has released its Final Report. Elisabeth Welson and Joanna Lim crystal ball gaze as to what the Panel's recommendations may mean for participants and others acquiring and disposing of units.
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FYI:
Sales & Marketing – Natural Health Products Bill: An Unnecessary Evil?
26 Sep 2011
The Natural Health Products Bill is set to establish a dedicated, risk-based regime for regulating natural health products in New Zealand...
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FYI:
Corporate Governance – Company Incorporation Changes - One Step Closer
26 Sep 2011
The Government is concerned that individuals and groups are using New Zealand companies to conduct criminal activity from overseas. This threatens New Zealand's international reputation. Changes to the New Zealand company registration process are one step closer, following the recent release (on 19 September) of a Cabinet paper...
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FYI:
Climate Change & Emissions Trading – First Annual Report on the New Zealand Emissions Trading Scheme
29 Aug 2011
The first annual report on the New Zealand Emissions Trading Scheme has been hailed by the Government as indicating that the scheme is "working as intended". Elisabeth Welson and Joanna Lim comment on key points...
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FYI:
Competition Law – Confidentiality of Commerce Commission Interviews - the Air New Zealand Court of Appeal Decision
07 Apr 2011
The Commerce Commission has broad powers under the Commerce Act to aid its investigation of potential breaches. These powers include the power to interview people, and the power to impose confidentiality orders over information it receives...
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FYI:
Corporate Advisory – Securities Law Review - Significant Decisions Made
18 Mar 2011
The Government's financial sector reform programme took a further step forward on 17 March 2011, with the announcement of Cabinet's decisions on the review of New Zealand's securities laws...
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FYI:
Corporate Advisory – Simplifying Trans-Tasman Investment: Another Small Step
09 Mar 2011
The New Zealand and Australian Governments signed an Investment Protocol in February 2011. The protocol aims to cut the amount of red tape involved in investment between the two countries. This article provides background on the Investment Protocol, and briefly explains how it will work in practice...
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FYI:
Corporate Advisory – Continuous Disclosure - Further Developments
08 Mar 2011
Continuous disclosure requirements are in the spotlight in New Zealand and Australia. Last month we updated you on the New South Wales Court of Appeal overturning a decision involving the James Hardie Group...
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FYI:
Tax – Goodbye LAQC, Hello LTC
21 Feb 2011
If you conduct business or invest through a qualifying company or loss-attributing qualifying company, there are significant law changes coming into force on 1 April 2011 that will impact on your structure...
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FYI:
Corporate Advisory – James Hardie Appeal - Australian Lesson for New Zealand Directors
18 Feb 2011
A recent decision of the New South Wales Court of Appeal overturned an earlier decision against directors of James Hardie. Comments made by the Court may be relevant to future New Zealand decisions on directors' duties, given the similarities between New Zealand and Australian legislation...
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FYI:
Sales & Marketing – Food Bill
14 Feb 2011
A bill to replace the Food Act 1981 is currently being considered by Parliament. The Food Bill (Bill) was scrutinised by the Primary Production Select Committee...
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FYI:
Sales & Marketing
A bill to replace the Food Act 1981 is currently being considered by Parliament. The Food Bill (Bill) was scrutinised by the Primary Production Select Committee. If passed in its current form, the Bill would have severe and far-reaching consequences for food manufacturers, exporters, and the wider food industry in general...
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Sales & Marketing – Christmas Crackers
21 Dec 2010
This festive season, we take a look back at the year that was in the exciting world of sales and marketing regulation. We’ll look at the funny ads, the dubious complaints, and the humorous advertiser responses that have come out of New Zealand, Australia and the United Kingdom. Merry Christmas!
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FYI:
Overseas Investment – New Directives for Overseas Investment in New Zealand Farms
17 Dec 2010
The Government released draft regulations and a Ministerial directive letter in relation to overseas investment in New Zealand farms on 9 December 2010. The regulations and directive letter are expected to come into effect on 13 January 2011...
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FYI:
Sales & Marketing – Consumer Law Reform: Creating More Problems than it Solves?
13 Dec 2010
In June 2010, the Ministry of Consumer Affairs released a discussion paper (Discussion Paper) outlining a review of our consumer laws. This FYI follows up on our November FYI on the general problems with the Discussion Paper...
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FYI:
Sales & Marketing – Consumer Law Reform: Is There a Need for Review?
22 Nov 2010
In June 2010, the Ministry of Consumer Affairs released a discussion paper outlining a review of our consumer laws. This FYI follows up on our June FYI on the Discussion Paper...
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FYI:
Competition Law – Tenderers On Notice
08 Nov 2010
Two recent announcements highlight the need for competition law compliance in sectors where tenders are common practice. Tender processes seek best value outcomes through a structured competitive process...
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FYI:
Competition Law – Competition is the Name of the Game - On and Off the Sports Field
06 Oct 2010
This FYI profiles a number of recent international competition law decisions in a sports context. These decisions cover a broad range of matters including merchandising and broadcasting rights, the licensing of intellectual property and exclusive arrangements, and highlight how competition laws can apply in the commercial sports arena...
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FYI:
Overseas Investment – Changes to the New Zealand Overseas Investment Regime
06 Oct 2010
Changes to New Zealand’s overseas investment regime were announced on 27 September 2010 by the Minister of Finance the Hon Bill English. The changes stem from the Government’s recently completed review of New Zealand’s overseas investment laws, and are due to come into effect in December 2010...
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FYI:
Tax Update – Benefits in Proposed GST Changes
24 Sep 2010
Proposed GST changes will be beneficial for many businesses. The proposals, in a Bill currently at the Select Committee stage, aim to tidy up a number of areas that have created compliance issues for taxpayers as well as revenue risk for Inland Revenue...
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FYI:
Corporate Advisory – Feltex case reinforces "reasonable reliance" defence
05 Aug 2010
Former directors of Feltex Carpets have successfully defended all charges brought against them by the Ministry of Economic Development. In finding the directors “not guilty” of offences under the Financial Reporting Act...
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FYI:
Financial Services – The New and Improved Financial Advisers' Regime - Answers to Key Questions
17 May 2010
The Government announced significant changes to the new financial advisers' regime at the end of April 2010. These changes address many concerns raised with the proposed regime. The regime is not now due to be fully implemented until 30 June 2011...
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FYI:
Financial Services
The Government announced significant changes to the new financial advisers' regime at the end of April 2010. These changes address many concerns raised with the proposed regime. The regime is not now due to be fully implemented until 30 June 2011.
This FYI highlights the potential impact of the changes for the financial services industry.
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FYI:
Sales & Marketing – Product endorsements: sensible selling or marketing minefield?
30 Apr 2010
Claiming that your product has been endorsed by the rich and famous, or the consumer masses has always been a powerful marketing tool...
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FYI:
Applied Business Law – Don't Know Exactly What's in Your Supply Chain? Then Brace Yourself for the Backlash
29 Mar 2010
Consumers want to know exactly what's in your products, where the ingredients or components came from, and whether your ethics measure up with theirs.
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FYI:
Naturally Resourceful – Maximising Our Mineral Potential: Stocktake of Schedule 4 of The Crown Minerals Act and Beyond
26 Mar 2010
Much media attention has focused on the review or "stocktake" of the provision of access to minerals...
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FYI:
Sales & Marketing – Dietary Supplements Reform: A Lighter Shade of Grey?
26 Mar 2010
We summarise the main proposals from the Government and Ministry of Health's paper on a proposed Natural Health Products Bill to replace the Dietary Supplements Regulations...
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FYI:
Competition Law – Hard Core Cartels: Whistleblowers Wanted
17 Mar 2010
The Commerce Commission has released new Cartel Leniency Policy and Process Guidelines. The guidelines, which apply from 1 March 2010, set out the way in which companies and individuals can apply to the Commerce Commission for conditional immunity from prosecution...
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Sales & Marketing – Dietary Supplements: Food-Type or Therapeutic-Type? A change in the law!
11 Feb 2010
With no public announcement, the Dietary Supplements Regulations have been amended. The amendment, coming into force on 31 March this year...
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FYI:
Sales & Marketing – Tis the season to be...providing refunds?
22 Dec 2009
Christmas, it's the season for gift giving and gift receiving. A time where gifts are thoughtfully picked. After all, it's the 'thought that counts'...
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FYI:
Corporate Advisory – Taskforce Reports on Capital Markets
21 Dec 2009
On 16 December, the Capital Market Development Taskforce released its much awaited final report to the Government. The report follows 18 months of consultation with participants in the financial sector...
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FYI:
Insurance – Changes to the regulation of insurers in New Zealand
11 Dec 2009
The Insurance (Prudential Supervision) Bill (Bill) had its first reading in Parliament on 82009. The Bill has been sent to the Finance and Expenditure Select Committee for submissions...
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FYI:
Insurance
The Insurance (Prudential Supervision) Bill (Bill) had its first reading in Parliament on 82009. The Bill has been sent to the Finance and Expenditure Select Committee for submissions. The Bill will significantly change how insurers are regulated in New Zealand and will replace most of the current regulation of the insurance industry...
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FYI:
Sales & Marketing – Organic food fraud - big business or big trouble?
30 Nov 2009
Think you can get away with organic food fraud? Think again...
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FYI:
Competition Law – Tenders Under Scrutiny
08 Oct 2009
Anti-competitive behaviour in tender processes – in particular, bid-rigging arrangements – has been a focus of competition regulators across the globe in recent times...
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FYI:
Sales & Marketing – Consumer Law - Is Radical Reform Set to Jump the Ditch?
29 Sep 2009
Just across the Tasman the Australian Government is reforming consumer law. The wide-ranging changes will impose new burdens on manufacturers and suppliers...
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FYI:
Applied Business Law – Facing Bankruptcy? How about this for a Proposal!
29 Sep 2009
There has been exponential growth in the numbers of companies facing insolvency. For the year ending June 2009 the Insolvency and Trustee Service alone has administered 373 liquidations...
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FYI:
Corporate Advisory – New Securities Regulations - A Sea Change
28 Sep 2009
Disclosure requirements for securities offerings will undergo a sea change when new Securities Regulations come into force on 1 October 2009...
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FYI:
Naturally Resourceful – Ombudsman's Decision Requires Council to Release Information on Unverified Contaminated Sites
14 Sep 2009
A recent decision by the Ombudsman has required the Hawke's Bay Regional Council to release details of 3,099 "unverified HAIL sites" in response to a request under the Local Government Official Information and Meetings Act 1987...
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FYI:
Naturally Resourceful – The "Supermarket circus" - Trade Competition under the RMA
09 Sep 2009
A person is currently free to use any of the tools that the RMA provides in order to pursue a competitive advantage, subject only to the potential sanction of costs...
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FYI:
Naturally Resourceful – The Law Commission's view on 'Alcohol in our Lives' - a Local Authority perspective
03 Sep 2009
On 30 July 2009, the Law Commission released an issues paper 'Alcohol In Our Lives' which reviews the regulatory framework relating to the sale and supply of liquor...
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Naturally Resourceful – A "Red-Pen" Review: The Report of the Select Committee on the Resource Management (Simplifying and Streamlining) Amendment Bill
21 Aug 2009
The Local Government and Environment Committee reported back on the Resource Management (Simplifying and Streamlining) Amendment Bill on 18 August 2009, and recommended a large number of amendments, including the redrafting of a host of provisions...
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Naturally Resourceful – The Building Amendment Act 2009 and beyond - cutting costs, red tape and time
14 Aug 2009
A media release from the Building and Construction Minister on the recent Building Amendment Act describes the amendments as speeding-up the building consent process and reducing costs, although he also acknowledges that it is only a first step and there is more to be done...
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Corporate Advisory – Capital Raising Made Easier
13 Aug 2009
The Securities (Disclosure) Amendment Act 2009 is now in force. The Amendment Act reduces some of the regulatory barriers facing New Zealand businesses looking to raise capital...
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FYI:
Corporate Advisory – Progress Report from CMD Taskforce
12 Aug 2009
The Capital Market Development Taskforce has released a progress report to the Government. The report identifies perceived shortcomings in New Zealand's capital markets...
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FYI:
Sales & Marketing – Made In New Zealand? Yeah Right!
07 Aug 2009
If a product is marketed as 'made in New Zealand' or has its country of origin recorded as 'New Zealand' there is no doubt that this attracts consumers who in many instances are prepared to pay a premium for New Zealand made products...
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Sales & Marketing – "It takes 20 years to build reputation and 5 minutes to ruin it..."
20 Jul 2009
Whatever your industry, whether you are a private, public or not for profit organisation a compliance programme is an essential tool to help you make more money and keep the money you have made...
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Franchise First – Franchising regulation in New Zealand - not broken, no need to fix it
23 Jun 2009
After a ten month hiatus, the issue of franchise regulation has again hit the headlines in New Zealand. It appears it will be a fleeting visit only...
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Stop Press – Bill Delays ETS Timing as Government's ETS Review Continues
19 Jun 2009
On Thursday 18 June, the Government introduced the Climate Change Response (Emissions Trading Forestry Sector) Amendment Bill amending the timing of the emissions trading scheme relating to forestry...
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Competition Law – Fletcher and Simpson Grierson obtain Commerce Commission Clearance based on "failing firm" argument
05 Jun 2009
Simpson Grierson recently assisted Fletcher Building Limited with its application to the Commerce Commission seeking clearance to acquire Stevenson Group's masonry businesses...
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Sales & Marketing – Product Stewardship under the Waste Minimisation Act - Will it apply to you?
05 May 2009
Since the Waste Minimisation Act came into force in September 2008, the Ministry for the Environment has begun the process of implementing the Act, starting with a focus on product stewardship...
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Franchise First – Court of Appeal decides both franchisors and franchisees are consenting adults
28 Apr 2009
The Court of Appeal recently released its decision in David & Anor v TFAC Ltd, which dealt with the fallout from a franchise relationship turned sour...
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Corporate Advisory – Proposal to Limit Simplified Disclosure Regime and Securities Regulations Rewrite
27 Apr 2009
The Ministry of Economic Development is seeking submissions on proposals which, if implemented, will have a significant impact on public securities offerings in New Zealand...
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Sales & Marketing – The Warehouse Decision: A Bargain?
14 Apr 2009
The Warehouse Limited recently gained unwanted attention when the Commerce Commission issued proceedings, resulting in The Warehouse pleading guilty to numerous breaches of The Fair Trading Act and total fines of $209,600...
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FYI:
Naturally Resourceful – Proposed reform of the RMA plan change provisions
02 Apr 2009
Submissions are due on the Resource Management (Simplifying and Streamlining) Amendment Bill on 3 April 2009...
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FYI:
Naturally Resourceful – Notification: Presumption to notify replaced by complex and uncertain tests
01 Apr 2009
Submissions are due on the Resource Management (Simplifying and Streamlining) Amendment Bill on 3 April 2009...
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FYI:
Corporate Advisory – Corporate Governance: How Do You Measure Up?
31 Mar 2009
As part of the Commission's on-going financial reporting surveillance programme, it will select issuers and review corporate governance disclosures made by those issuers against its nine principles of corporate governance...
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Corporate Advisory – New Zealand's Overseas Investment Regime Under Review: What's wrong with it and what are the alternatives?
25 Mar 2009
Finance Minister Bill English recently announced a review of the Overseas Investment Act 2005 and the Overseas Investment Regulations 2005...
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Sales & Marketing – 'Greenwashing' or 'Wishwashing': A look into the proposed guidelines for carbon claims
19 Mar 2009
Hard on the heels of the Commerce Commission's 'Green Marketing' guidelines issued in December last year, the Commission recently released draft guidelines surrounding carbon offset and neutrality claims...
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FYI:
Naturally Resourceful – Resource Management (Simplifying and Streamlining) Amendment Bill: Amendments to the call-in and designation provisions
19 Mar 2009
The Resource Management (Simplifying and Streamlining) Amendment Bill passed its first reading on 19 February 2009...
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Climate Change – Emissions Trading Scheme - Continued Uncertainty For The Forestry Sector
19 Feb 2009
The Emission Trading Scheme Review Committee, established to honour a commitment given by National to ACT in return for support on confidence and supply, has been mandated to review the emissions trading scheme...
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FYI:
Sales & Marketing – The Progressive decision - For whom?
16 Feb 2009
Your business runs a promotion offering consumers the chance to win a prize or gift. What do you do when the offer has closed?...
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FYI:
Naturally Resourceful – The Proposed Resource Management Act Amendments - Some Preliminary Comments
11 Feb 2009
Further information about the proposed reform of the Resource Management Act 1991 was released by the Government last week...
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FYI:
Competition Law – Commerce Act Update
29 Jan 2009
The Commerce Commission has released new guidelines to assist businesses and their advisers when applying to the Commission for clearance to merge or acquire the assets or shares of a business. In this FYI, we take a look at the new process...
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FYI:
Climate Change – Greenhouse Gas Discharges - A Matter of National Interest
28 Jan 2009
The long awaited decision of the Supreme Court in Greenpeace New Zealand Inc v Genesis Power Ltd [2008] NZSC 112 was released shortly before Christmas...
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Naturally Resourceful – The RMA - Where is it Going?
18 Dec 2008
The Government has announced the appointment of the RMA Technical Advisory Group and the Group's terms of reference...
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FYI:
Sales & Marketing – 'Green' Claims: turning over a new leaf in 2009
11 Dec 2008
Last Thursday the New Zealand Commerce Commission released guidelines for 'Green Marketing'...
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FYI:
Corporate Advisory – Increased Clarity as to Habitual Investors
04 Dec 2008
Last week Dan McEwan was convicted of offences under the Securities Act 1978. In delivering its judgment, the court clarified who qualifies as an "habitual investor" under the Act...
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FYI:
Climate Change – Emissions Trading: A Change In Political Climate
27 Nov 2008
One of the last acts of the Government, prior to the election, was to enact an emissions trading scheme for New Zealand...
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FYI:
Franchise First – Franchise Appeal Runs Out of Puff
19 Nov 2008
Disputes between franchisors and franchisees relating to projected franchise turnover are common...
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FYI:
Sales & Marketing – Thinking of making a 'Grrrrrreen' claim - then think twice
11 Nov 2008
If two recent investigations by the Australian Competition and Consumer Commission (Australia's equivalent to the New Zealand Commerce Commission) are anything to go by those making 'green' claims should sit up and take notice...
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Corporate Advisory – Overseas Investment in Strategically Important Infrastructure: Any More Certainty?
05 Nov 2008
There remains a crying need for more certainty, and quickly, particularly given recent political statements that investing in infrastructure will be an important part of helping the New Zealand economy weather the current global economic downturn...
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Corporate Advisory – New Minority Buy-Out Rules Pass into Law
12 Oct 2008
Changes aimed at better protecting minority shareholders who oppose corporate actions have been passed into law by Parliament...
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Corporate Advisory – Financial adviser rules pass with strong bipartisan support
07 Oct 2008
New rules relating to the New Zealand finance industry have been passed by Parliament...
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FYI:
Stop Press – All Change - Commissioning Copyright Works
02 Oct 2008
New Zealand's Parliament is poised to make a radical change to the rules about copyright ownership. This move will turn current expectations and understandings on their head for a wide and diverse range of industries...
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FYI:
Naturally Resourceful – Living Earth: integrity and regional policy statements
25 Sep 2008
The recent Court of Appeal decision in Auckland Regional Council v Living Earth Limited [2008] NZCA 349 resolves the previous uncertainty...
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FYI:
Corporate Advisory – Amalgamations and Schemes of Arrangement: The Panel Takes Charge
16 Sep 2008
The Takeovers Panel recently made recommendations to the Minister of Commerce for changes to the rules on amalgamations and schemes of arrangement for companies that fall under the Takeovers Code...
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Climate Change – It's not easy being green
15 Sep 2008
In an era of carbon neutrality and growing environmental awareness, the word 'sustainability' has become as common place in business circles as 'profitability'...
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Corporate Advisory – NZX Guidance Note: Toughening the Rules for Backdoor and Reverse Listings
11 Sep 2008
Backdoor and reverse listing transactions have been used in New Zealand as a mechanism for listing entities on the New Zealand Stock Market efficiently and economically...
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Sales & Marketing – Proposed New Rules for "Supplemented Food"
09 Sep 2008
If you import, manufacture, label, or advertise supplemented food then take note...
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Franchise First – Review of Franchising Regulation In New Zealand - If It Ain't Broke, Don't Fix It?
22 Aug 2008
The Ministry of Economic Development has released a discussion document requesting submissions on whether there is a need for specific franchise regulation in New Zealand...
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Competition Law – The Warehouse Decision in the Court of Appeal - A Return to Basic Principles
05 Aug 2008
In December 2007 we published an FYI headed "The Warehouse Decision – Why the Commission Must Appeal the High Court Decision"...
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Corporate Advisory – Mutual Recognition of Trans-Tasman Securities Offerings
05 Aug 2008
The impact of the changes should enhance competition in trans-Tasman capital markets and increase the number of investment products available to trans-Tasman investors...
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Sales & Marketing – 'Rugby Superstars' Bluebird chips promotion
31 Jul 2008
Warning! The snack food industry must pay particular attention to a recent decision by the Advertising Standards Complaints Board...
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Climate Change – Select Committee Report: Emissions Trading Scheme and Forestry
17 Jul 2008
In our last FYI on New Zealand's Emissions Trading Scheme we touched on some of the highlights of the Select Committee report on the Climate Change (Emissions Trading and Renewable Preference) Bill...
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Competition Law – Mergers & Acquisitions: Can Vendors in Acquisitions Be Liable For Breaches of the Commerce Act?
14 Jul 2008
When the largest bus operator in Wellington, NZ Bus, looked to acquire 100% of the second largest bus operator (in which it already held 26%) the High Court, in a landmark decision...
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Climate Change – Paying the Cost of Carbon: An Update On New Zealand's Emissions Trading Scheme
26 Jun 2008
The Select Committee report on the Climate Change (Emissions Trading and Renewable Preference) Bill was released on 16 June 2008...
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Sales & Marketing – Do Your Food Labels Accurately Reflect The Product Itself?
11 Jun 2008
Consumers are becoming increasingly concerned about the contents of the food they eat...
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Naturally Resourceful – The Sunset Terraces Decision - Adequate Inspection Is Not A Numbers Game
10 Jun 2008
The High Court has recently issued an important decision dealing with a Council's duties to homeowners when performing its functions under the Building Act 1991...
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Corporate Advisory – Limited Partnership Regime
01 Jun 2008
On 2 May 2008, the Limited Partnership Act 2008 (the Act) came into force introducing into New Zealand the limited partnership legal structure...
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Corporate Advisory
On 2 May 2008, the Limited Partnership Act 2008 (the Act) came into force introducing into New Zealand the limited partnership legal structure. Already commonly used overseas, limited partnerships allow investors to enjoy the benefit of a separate legal personality and limited liability protection, but preserve the tax and confidentiality advantages associated with partnerships generally. This note describes the key features and advantages of a limited partnership...
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Sales & Marketing – Waste, Reduce, Recycle: Waste Minimisation Bill
30 May 2008
Most products will create waste, either from the packaging or the product itself. The Waste Minimisation (Solids) Bill was a private members Bill, introduced by Nandor Tanczos of the Green Party...
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Naturally Resourceful – Getting Your Priorities Right
27 May 2008
The decision of the majority in the Court of Appeal in Central Plains Water Trust v Ngai Tahu Properties Limited & Anor (CA, 19/3/2008, Hammond, Robertson and Baragwanath JJ, CA 69/07 [2008] NZCA 71) has again changed the rules in regard to priority between applicants...
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Naturally Resourceful – The Proposed New Zealand Coastal Policy Statement
02 May 2008
Submissions on the proposed New Zealand Coastal Policy Statement close on Wednesday 7 May 2008...
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Naturally Resourceful – The Woolley Trust Decision On Restricted Discretionary Activities
01 Apr 2008
The High Court has recently released an important decision on how restricted discretionary activity resource consent applications should be assessed...
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Competition Law – Cartel Cases: the New Wave of Competition Law Litigation
11 Mar 2008
The number of cartel investigations and High Court claims in New Zealand has dramatically increased in the last couple of years. Without a doubt this is the new wave of competition law litigation...
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Corporate Advisory – Heightened compliance and disclosure measures for the financial sector
28 Feb 2008
A number of significant changes are about to be made to the regime that regulates financial advisers in New Zealand...
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FYI:
Corporate Advisory – Schemes of Arrangement and Amalgamations - their place in our legal landscape
25 Feb 2008
Last week Simpson Grierson made submissions on the consultation paper issued by the Takeovers Panel Schemes Of Arrangement And Amalgamations Involving Code Companies, 5 December 2007...
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Corporate Advisory – Substantial Security Holder Disclosure Gets an Overhaul
18 Feb 2008
On 29 February 2008 a number of important changes will be made to New Zealand's securities law when the Securities Markets Amendment Act 2006 comes into force...
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Corporate Advisory – Clamping down on market manipulation
08 Feb 2008
A number of important changes are about to be made to New Zealand's securities law...
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Corporate Advisory – New Zealand Government creates legal quicksand for overseas investors in strategic infrastructure
05 Feb 2008
According to Dr Cullen, the change was "made in response to the uncertainty and debate that have emerged surrounding the Canadian Pension Plan Investment Board's offer to shareholders in Auckland International Airport"...
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Corporate Advisory – Insider Trading Laws: A Sea Change
31 Jan 2008
A number of important changes are about to be made to New Zealand securities law...
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Corporate Advisory – Voluntary Administration
01 Sep 2007
Corporate insolvency in New Zealand will soon be radically affected by the introduction of a voluntary administration regime. The reforms will impact greatly on creditors, who will be unable to enforce debts against companies in administration,...
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