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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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:
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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Q&A:
Australian Climate Change Package - what does it mean for New Zealand?
08 Sep 2011
The New Zealand Emissions Trading Scheme Review Panel has been asked to update its report to take into account recent Australian announcements on carbon pricing...
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Q&A:
Australian Climate Change Package - what does it mean for New Zealand?
The New Zealand Emissions Trading Scheme Review Panel has been asked to update its report to take into account recent Australian announcements on carbon pricing. With the Review Panel's report expected to be publicly released any time soon, Elisabeth Welson and Joanna Lim report on Australia's Clean Energy Package, and what it might mean for New Zealand...
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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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Q&A:
Gyms Required to Shape Up
01 Aug 2011
The Commerce Commission has put the gym industry on notice that it is monitoring the compliance of gym membership contracts with the Credit Contracts and Consumer Finance Act 2003...
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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:
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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Q&A:
Climate Change & Emissions Trading – What is New Zealand's Emissions Trading Scheme and How Does it Affect Me?
01 Oct 2010
New Zealand has an Emissions Trading Scheme that requires "participants" to account for emissions or removals of greenhouse gases. This has been developed as part of New Zealand's response to climate change in accordance with the Kyoto Protocol...
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Q&A:
Mining & Exploration – The Government's Decision on the Proposed Amendments to Schedule 4
08 Sep 2010
Under the Crown Minerals Act, mining activities require both a permit (granted by the Minister of Energy and Resources) and an access arrangement (with the owner of the land)...
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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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Competition Law – Cartel Criminalisation on the Cards
03 Feb 2010
The Ministry of Economic Development has last month released a discussion paper which recommends that cartel conduct in New Zealand is made a criminal offence...
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Competition Law – The High Hurdle of Proving Use of Market Power
12 Nov 2009
The Commerce Commission winning a case under section 36 of the Commerce Act has similarities to the All Blacks winning the World Cup – it's happened, but not nearly as often as they would like...
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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:
Publicly Speaking – Infrastructure Bill - Utilities in the Road, Motorway and Rail Corridors
29 Sep 2009
The Government has now introduced the Infrastructure Bill. This has the key objective of increasing efficiency in the way that utilities gain access to the road, rail and motorway corridors...
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FYI:
Climate Change – Report on the Review of the Emissions Trading Scheme and Related Matters
08 Sep 2009
Eight months after the Emissions Trading Scheme Review Committee was set up, it has released its report on the review of the New Zealand Emissions Trading Scheme. The report comprises a majority report and four ...
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FYI:
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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FYI:
Climate Change – Emissions Trading Update
12 Jun 2009
The New Zealand Emissions Trading Scheme was referred to a Special Select Committee for review shortly after being enacted in October 2008. Although the outcome of the review process remains uncertain, work on...
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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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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:
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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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:
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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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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FYI:
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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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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