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- Lawlink e-Connect Magazine, August 2010
- Aug 2010Welcome to the August edition of Lawlink's e-Connect newsletter.
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- Obligations of a Purchaser in the event of a Breach of a Vendor Warranty on Settlement
- Aug 2010A recent Supreme Court decision clarifies the law regarding whether a purchaser is required to settle in full or at a reduced amount in the event of a breach of a vendor warranty on settlement. Robert Huse, an Associate in our Commercial Team, examines the facts of the case in the attached article.
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- Managing the Estates Process
- Aug 2010The attached publication clearly explains out what is involved in managing an estate.
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- Forestry and the Emissions Trading Scheme - Post-1989 Forest Land
- Aug 2010In the attached publication Lesley Brook examines the implications for Post-1989 Forest Land under the Emissions Trading Scheme.
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- Forestry and the Emissions Trading Scheme - Pre-1990 Forestry Land
- Aug 2010In the attached publication Lesley Brook examines the implications for Pre-1990 Forest Land under the Emissions Trading Scheme.
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- Aquaculture Reform Update
- Jul 2010In this article, Jackie St John, an Associate in our Resource Management Department, provides an update to the proposed Aquaculture reforms.
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- Lawlink Publication - Employer's Toolkit
- Jul 2010All employers have duties to their employees under law. The overriding principle for all employment relationships is that of ‘good faith’. Both employers and employees must act in good faith towards each other.
If you fail to meet your legal obligations then you can be financially liable to your employees. The attached booklet is a useful guide to check how your workplace practices measure up.
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- Proposed Changes to Financial Adviser's Legislation
- Jul 2010Commercial Partner, Paul Hubbard, recently discussed proposed changes to the Financial Services Providers legislation in an article in the Otago Daily Times. A copy of that article is available below.
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- Rugby World Cup 2011 (Empowering) Bill
- Jul 2010The Government recently introduced the Rugby World Cup 2011 (Empowering) Bill to Parliament. The Bill affects local authorities and anyone proposing to provide World Cup related activities or facilities. The period for public submissions on the Bill closes on 16 July 2010.
The attached article summarises the general nature of the measures proposed under the Bill.
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- Environmental Protection Authority
- Jun 2010In this article, Resource Management Associate, Rachel Brooking, discusses the Environmental Protection Authority which will be established by legislation this year and operational by 1 July 2011.
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- Department of Conservation - Concession Processing Review
- Jun 2010The Department of Conservation has recently completed a substantive review of the Department’s processes for concession applications. In this article Maree Baker discusses the recommendations arising from the review.
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- Aquaculture Reform
- Jun 2010This paper considers the Government’s plans for the future shape of the aquaculture industry. We review the background to the aquaculture reform, the reasons for change, the aims of the reform and summarise some aspects of the reform that will be of specific interest to the aquaculture industry.
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- Lawlink Magazine - Autumn 2010
- May 2010Welcome to Lawlink's autumn edition of Connect magazine, a business commentary publication.
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- Local Government Amendment Bill
- May 2010A Bill amending the Local Government Act 2002 is currently before the Local Government and Environment Select Committee. Submissions can be made until 18 June.
The Minister in charge of the Bill is Hon Rodney Hide and he has been vocal about what he intends to achieve. The Minister wants local government to focus on 'core' business, have simplified long-term and financial plans, reduce consultation requirements and provide better opportunities for private sector involvement. As discussed in this paper the Bill achieves these stated aims. The Minister has dropped plans relating to binding referenda.
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- Canterbury Water Conservation Order Changes
- Apr 2010The attached paper discusses the Canterbury Water Conservation Order changes.
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- Overseas Persons Buying Lifestyle Property in New Zealand
- Apr 2010Lesley Brook, a Partner in our Commercial Department, has prepared the attached Fact Sheet for overseas persons interested in buying over 5 hectares of land in New Zealand.
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- Law Commission's Review of Privacy Act 1993
- Mar 2010This paper provides a summary of the key concerns and issues surrounding privacy laws identified by the Law Commission in its Issues Paper on the Review of the Privacy Act 1993.
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- Government's Proposed National Environmental Standard will Restrict the Future Development of Contaminated Land
- Mar 2010On 5 February 2010 the Government publically notified a proposed National Environmental Standard for assessing and managing contaminants in soil. The NES is a regulation that will restrict the way contaminated land can be used and developed in the future. The NES will require resource consents for certain activities on land potentially affected by soil contaminants. The submission period is now open and submissions must be received by the Ministry for the Environment by 19 April 2010. This article by Michael Garbett and Ruby Moynihan of our Resource Management team provides a brief summary of the key features of the NES and its implications.
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- Fixing the RMA – Simplify and Streamline - Rural Professionals Conference Special
- Nov 2009Anderson Lloyd Resource Management Partner and member of the firm’s rural law practice team, Jen Crawford
, delivered the following presentation to the attendees at the LexisNexis Rural Professionals Conference held in Queenstown recently.
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- Aquaculture Law Reform
- Nov 2009The government has announced a final round of consultation before the drafting of new legislation to
reform the country's aquaculture sector. In this article, Anderson Lloyd Associate, Jackie St John examines the proposed changes.
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- Fonterra's Capital Structure Proposal
- Nov 2009Fonterra's much awaited proposed new capital structure was announced on Friday 18 September. The cornerstone of the proposal is that it will be farmer members that will be asked to fund additional capital to meet the funding needs of Fonterra for the next 5 years, and not external non-farmer member sources.
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- Are you sure you have the best claim to your own wine?
- Sep 2009Are you a winegrower who regularly has wine processed under contract by a processor or another winery, who has offsite storage arrangements in place for your wine or who sells wine on consignment through a third party?
If you answered "yes" to any of the above questions then you need to know about the Personal Property Securities Act 1999 ("PPSA") and its potential application to your business.
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- Connect magazine - Summer 2008
- Nov 2008Welcome to Lawlink's summer edition of Connect magazine, a business commentary publication.
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- Lawlink publication - Corporate Governance
- Nov 2008Corporate governance is the general reference to all the issues facing directors and boards in directing and governing corporates. It is sometimes referred to as “the system or process by which a company is directed and controlled in order to protect the shareholder interests”.
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- Lawlink publication - Estate Administration
- Nov 2008What steps have to be taken? When somebody dies, the paperwork involved in proving the will and in sorting out the deceased’s property can be daunting for the family.
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- Lawlink publication - Family Trusts
- Nov 2008One of the few certainties in life is change. Although change can be exciting, it can also create significant financial risks for you and your family.
Establishing a family trust can help to protect you and your family from these financial risks.
The aim of this booklet is to provide you with the information you need to make some decisions regarding family trusts.
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- Biodiversity offsets - a suggested way forward
- Sep 2008On 26 September Mark Christensen spoke at the Sixteenth Annual Conference of the Resource Management Law Association "Southerly Change" on biodiversity offsets. Read his paper here.
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- Restricted Discretionary Activities
- Jul 2008This article, written by Michael Garbett, a partner at Anderson Lloyd, follows on from an earlier article entitled “Restricted Discretionary Activities – Are They Really?”, which discussed different approaches adopted in the Environment Court towards assessing resource consents for restricted discretionary activities. The High Court has since issued its decision in Auckland City Council v The John Woolley Trust (CIV 2004-404-3787). This article analysis that decision and its practical implications.
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- Phoenix Companies – Personal Liability and Penalties for Directors
- Jun 2008In this article, corporate and commercial associate Stephanie Pettigrew writes 'The new provisions of the Companies Act 1993 relating to phoenix companies may not have anything to do with Greek mythology or Harry Potter. However, directors who do not heed them may find that they need magical powers in order to avoid a hefty fine or imprisonment'.
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- Investment Advisers and Brokers – New Disclosure Obligations
- Jun 2008This article, written by corporte and commerical associate Josie Simpson, is an overview of the new amendments to the law affecting investment advisers and investment brokers disclosure requirements.
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- Restricted Discretionary Activities – Are they really?
- Jun 2008In this article, partner Michael Garbett analyses the case law dealing with restricted discretionary activities. This article discusses the current approach of the Environment Court to such consents and explains how this approach can complicate the consent process.
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- Expansion of Takovers Code
- Jan 2008Paul Hubbard is a partner in the commercial team and has advised in relation to several takeovers under the Code since its inception.
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- Lawlink Magazine - Summer 2007
- Dec 2007Welcome to Lawlink's summer edition business commentary publication.
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- New regulations for finance companies and other non-bank deposit takers
- Dec 2007In this article, associate Ben Johnston
gives an in-depth review of the new regulations governing finance companies.
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- Lawlink Magazine – Spring 2007
- Sep 2007Welcome to Lawlink's spring edition business commentary publication.
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- What is all the controversy about?
- May 2007In light of the recent controversy relating to the reoffending, whilst on parole, of Graeme Burton and William Bell, Anderson Lloyd Solicitor, Jane Argyle examines the structure, functions and criteria for eligibility for parole in New Zealand.
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- Relationship Property - What is fair?
- Nov 2006Western society has come a long way in the past century in terms of recognition of the equality between men and women and in particular the recognition of equality between married partners or couples living in relationships in the nature of marriage. In this article we review recent House of Lords and New Zealand Court of Appeal decisions over equality and fairness in the division of relationship property when there is a breakdown of a relationship.
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