News & Publications

From time to time, we produce newsletters, publications and articles on topical issues or legislative changes for our clients. If you would like to subscribe, click here to sign up.

 

Financial Markets Conduct Act Update

Further to our earlier article, parts of the new Financial Markets Conduct Act 2013 (FMC Act) came into force on 1 April 2014 after the …

Ruataniwha Scheme passes first consenting hurdle

On 15 April the Tukituki Catchment Proposal Board of Inquiry released a draft report approving the proposed Ruataniwha Water Storage Scheme. The Ruataniwha Scheme involves …

Christchurch the City of Opportunity

At the Future Focus of Christchurch Luncheon held at the Christchurch’s Air Force Museum on 14 April 2014 the Duke and Duchess of Cambridge, in …

Fitness for work

An employer does not have to hold a job open forever for an employee who is not fit for work, but how long does an …

Straterra launches Minerals Briefing Paper 2014

At a function in Parliament’s Great Hall on 8 April, Straterra released its Minerals Briefing Paper 2014. Straterra is the collective voice for the New …

Anderson Lloyd Partners named on New Zealand’s Hot List

Anderson Lloyd boasts two of the hottest private practice lawyers in the New Zealand market, according to a new report released this week. The NZ …

International Court of Justice releases important decision on whaling

On 31 March, the International Court of Justice (ICJ) at The Hague issued its decision that Japan’s taking of whales in the Antarctic Southern Ocean …

Limited Liability is of Limited Protection

A recent case illustrates two ways in which the owner and manager of a business can be personally liable to employees despite having a limited …

Limited Liability is of Limited Protection

A recent case illustrates two ways in which the owner and manager of a business can be personally liable to employees despite having a limited …

Environmental Reporting Bill

New Zealand will have legally mandated environmental reporting, if the Environmental Reporting Bill (introduced 20 February 2014; first reading 5 March 2014) becomes law. The …

Health and Safety Reform Bill Introduced

The Government has recently introduced the Health and Safety Reform Bill as part of a suite of major health and safety reforms which has already …

The New Face of Securities Law

The Financial Markets Conduct Act 2013 (“FMC”) was passed last year. It significantly changes the way securities (including shares, bonds and debt investments) have been …

Court Wary about Reference to Genetically Modified Organisms in Regional Policy Statement

Genetically modified organisms are controlled under the Hazardous Substances and New Organisms Act 1996 (HSNO). However, a number of councils are currently considering inclusion of …

Environmental Reporting Bill

New Zealand will have legally mandated environmental reporting, if the Environmental Reporting Bill (tabled on 20 February 2014) becomes law. The Bill’s purpose is to …

Employee Allegations During a Disciplinary or Redundancy Process

Sometimes during a disciplinary investigation, or even during a consultation process for redundancy, an employee makes allegations, especially about his or her manager. What is …

Giving Notice of Termination

It is common for employment agreements to include a clause that states employer or employee can terminate employment by giving the other party a certain …

Land Use Recovery Plan Released

The Land Use Recovery Plan (LURP) has been approved by the Minister for Canterbury Earthquake Recovery and takes effect on 6 December 2013. It is …

New Local Government Act Amendment Proposed (updated)

On Monday the 4th November Hon Chris Tremain introduced the Local Government Act 2002 Amendment Bill (No 3) (“Amendment Bill”). This Amendment Bill does not …

ChristChurch Cathedral Demolition Allowed by Supreme Court

The way has been cleared for the ChristChurch Cathedral to be demolished. The Court of Appeal in July issued a decision allowing demolition of the …

Canterbury Land and Water Regional Plan – Commissioners’ Recommendations Available

The Report and Recommendations of the Hearing Commissioners on the proposed Canterbury Land and Water Regional Plan (CLWRP) are now on-line. The Recommendations will be …

The New NZS 3910:2013

Introduction On the 1st of October 2013, NZS 3910:2013 Conditions of Contract for Building and Civil Engineering Construction was released by New Zealand Standards. This …

Media Release – Prominent Christchurch partner David Goodman joins Anderson Lloyd’s commercial team

Former Goodman Tavendale Reid partner David Goodman  has joined Anderson Lloyd Lawyers, as a partner owner in the Christchurch office. Widely recognised as one of the …

Land Use Recovery Plan Update

The Christchurch City Council did not endorse the Land Use Recovery Plan (LURP) on 21 November 2013. At the Mayor’s request, a further meeting is …

Governor-General Amends Kawarau River Water Conservation Order

The Governor-General made the Order in Council amending the Kawarau River Water Conservation Order on 11 November 2013. The Order which will amend the WCO …

Innovative Sentencing Under the Resource Management Act

In September 2013 we reported on Mr Conway, the first person to be sentenced to jail twice for offending under the Resource Management Act 1991. …

Failing to Declare Convictions

Some weeks after your new employee starts work, you discover that he has convictions which he didn’t mention in his application form. Can you dismiss …

Adventure Activity Audit Countdown

Adventure activity providers need to be vigilant and respond to the requirements of the Health and Safety in Employment (Adventure Activities) Regulations 2011, which came …

New Local Government Act Amendment Proposed

On Monday the 4th November Hon Chris Tremain introduced the Local Government Act 2002 Amendment Bill (No 3) (“Amendment Bill”). This Amendment Bill does not …

Bottom Lines Recommended for Water Quality

Today, 7 November, the Minister for the Environment Hon Amy Adams announced proposed changes to the National Policy Statement for Freshwater Management (NPS), involving the …

Prominent Christchurch Partner David Goodman Joins Anderson Lloyd’s Commercial Team

Former Goodman Tavendale Reid partner David Goodman has joined Anderson Lloyd Lawyers. Widely recognised as one of the South Island’s leading irrigation sector legal experts, …

Minister for the Environment Recommends Prohibition on Damming of the Nevis River

The Minister for the Environment Amy Adams has accepted the recommendations of the Majority of the Environment Court on an application to amend the Water …

The Conservation (Natural Heritage Protection) Act 2013 Comes into Force

In August we reported on progress of the Conservation (Natural Heritage Protection) Bill through parliament. The Bill has now been passed into law. The Conservation …

Biodiversity Offsets – The Latest on the Law

Our August 2010 Resource Management Journal article commented on developments in the area of biodiversity offsets and environmental compensation. The 2010 update referred to the …

National State Infrastructure Report Released

The National State of Infrastructure Report 2013 was published on 17 October. This is the second annual progress report prepared by the National Infrastructure Unit …

Time Off In Lieu Arrangements

Some employers offer a time in lieu arrangement, giving salaried employees time off in lieu of payment for overtime hours worked. These arrangements vary enormously. …

Developments in Trans-Tasman Proceedings

Dealing with civil proceedings with a trans-Tasman element should be easier after the operative provisions of the Trans-Tasman Proceedings Act 2010 (“TTPA”) came into force …

Loan-to-Value Ratio Restrictions on Residential Property

As of 1 October 2013 all banks in New Zealand are required to restrict new residential mortgage lending at a loan-to-value ratio (“LVR”) of over …

Special Housing Areas Begins Auckland’s Drive Towards Affordable Housing

The Housing Accords and Special Housing Areas Act 2013 1 (“the Act”) came into force on 16 September 2013. The purpose of the Act is to …

Consultation on Oil and Gas Guidelines

The Minister for the Environment Amy Adams has announced that consultation will take place on the draft guidelines for Managing Environmental Effects of Petroleum Development …

One Plan Appeals Dismissed in Part

Justice Kós in the High Court has dismissed Horticulture New Zealand and Federated Farmer’s appeals on the Environment Court decision on the One Plan. This …

Limited Disclosure of Litigation Funding Arrangements Required

There is a general rule of law in New Zealand that a person not a party to litigation cannot interfere in the litigation, for example …

Latest Global CEOs Poll on Sustainability Released

In September 2013 the latest triennial global survey on corporate sustainability by the UN Global Compact and Accenture was released. Business leaders’ views on the …

First Person Sentenced to Prison Under the RMA – Twice

The business manager of Cash for Scrap Ltd, Mr William Conway, has had his appeal against conviction and sentence dismissed by the Court of Appeal …

Supreme Court Decision on Coal Mining Activities

The Supreme Court has recently released its decision in West Coast ENT Inc v Buller Coal Limited [2013] NZSC 87. The decision marks an end …

Auckland Unitary Plan Approved for Notification

The Auckland Council has now made the final decision on changes to the Draft Auckland Unitary Plan (“the Unitary Plan”). During the informal consultation period …

The Inconsistent Regional Management of Farming Effects on Waterways

 Introduction In assessing the regional management of farming activities on water quality, this paper focuses solely on the mechanisms contained in regional plans as at …

Employment Court Considers What Equal Pay Means

The Human Rights Act prohibits discrimination in employment on a wide range of grounds.  For example you cannot refuse to hire someone, or pay them …

MBIEs Petroleum and Minerals Sector Report Released

On 3 September the Government released the Petroleum and Minerals Sector Report. The report is part of the Business Growth Agenda. This is the third …

Proposed Changes to the Animal Welfare Act

On 8 May 2013 the government introduced a Bill to change the Animal Welfare Act 1999 and improve the New Zealand animal welfare system.  The …

Operation Minotaur – Options for Legislative Reform

The present system in New Zealand of regulatory approvals for mining activities has been described as a legislative and administrative labyrinth. This paper overviews some …

Resource Management Reform Passed

The Resource Management Reform Bill has now been enacted (27 August 2013) and most of it will come into effect the day after Royal assent. …

Decision to Offer Only 50 Percent for Uninsured Red Zone Properties Must be Reconsidered

Canterbury Earthquake Recovery Minister and Chief Executive must reconsider decision to purchase Red Zone residential properties from owners of vacant land and uninsured homes. The …

Valuation of Natural Assets – What the Courts Have Said So Far

Partners Mark Christensen and Maree Baker-Galloway have written a paper which examines what the courts have said about the role of valuing natural assets under …

PCE Report DoC on Stewardship Land Released

Parliamentary Commissioner for the Environment, Dr Jan Wright, released her latest report, Investigating the future of conservation: The case of stewardship land (“the report”), on …

Anderson Lloyd recognised at Australasian Women in Business Law Awards

Anderson Lloyd was recognised at the Australasian Women in Business Law Awards recently in Sydney, taking out the award for best firm in Christchurch. Partner …

Capital Raising Process Being Overhauled

The often substantial amounts of money required to both establish mining businesses and keep them competitive over time, makes mining a capital intensive industry. During …

Government changes to RMA

In February and March 2013 the Minister for the Environment, Hon Amy Adams, released two documents for consultation that included a myriad of reforms to …

Employee Fault and Taking Days Off

Employers sometimes feel it’s impossible to follow a perfect dismissal process, especially when that is judged with the benefit of hindsight, but one factor in …

Conservation (Natural Heritage Protection) Bill

This Bill was introduced in September 2012. It introduces increased penalties for offences under the Conservation Act 1987, National Parks Act 1980, Reserves Act 1977, …

Earthquake-prone buildings – What does the Government’s policy mean for local government?

The Government has announced its policy for managing earthquake-prone buildings. The policy position includes: Requiring territorial local authorities, within five years, to assess all buildings …

Auckland Unitary Plan – Feedback now online

The informal consultation period for the Draft Auckland Unitary Plan (“the Unitary Plan”) took place from March to May 2013. Despite some public criticism about …

Submissions due for Draft Conservation Management Strategies

Draft Conservation Management Strategies (CMS) have recently been released for submission in Canterbury, Otago and Southland Murihiku [1]. Submissions are due on all three draft …

Government Seeks Feedback on Draft Adventure Activities Certification Scheme

The Ministry of Business, Innovation and Employment (MBIE) is seeking comments and suggestions on the draft New Zealand Adventure Activities Certification Scheme. The Scheme is …

Update of Adventure Activities Regulations and Safety Audit Standards

The Health and Safety in Employment (Adventure Activities) Regulations 2011 require adventure activity operators to undertake and pass an external safety audit of their safety …

Christchurch must have A Cathedral – just not The Cathedral

The Court of Appeal has just released its decision in the appeal by The Great Christchurch Buildings Trust (GCBT) against the High Court’s decision permitting …

Sustainable Buildings and the Law

In recent years there has been a significant shift in the building industry towards environmentally sustainable design and construction solutions. New measures are being employed …

Pike River Coal Reparation

Pike River Coal has been ordered to pay combined reparation of $3.41 million to the families of the 29 men who tragically lost their lives …

Reasons for Redundancy

The Employment Court has demonstrated in two recent cases that it will robustly test employers’ reasons for making staff redundant. It is not acceptable for …

Freshwater Reforms Confirmed

On 10 July Environment Minister Amy Adams and Minister for Primary Industries Nathan Guy announced the Government’s action plan for reforming freshwater management. This builds …

Draft Land Use Recovery Plan Notified for Written Comment

The final Draft Land Use Recovery Plan (LURP) has been presented to the Minister for Earthquake Recovery and notified for written comments. The Draft LURP …

New Regime for Exploring and Developing Natural Resources within the Exclusive Economic Zone and Continental Shelf

The opportunity to explore and develop the natural resources of the Exclusive Economic Zone (“the EEZ”) and the Continental Shelf is a significant one for …

The Criminal Procedure Act 2011

The Criminal Procedure Act 2011 (“the CPA”) came into force on 1 July 2013, and is widely referred to as the most significant reform of …

The Health and Safety (Pike River Implementation) Bill

The Health and Safety (Pike River Implementation) Bill has been introduced to Parliament following the Royal Commission on the Pike River coalmine tragedy, which concluded …

Business Owners: Move On, Move Up, and Then Move Out

As printed in The Press page C10 on Wednesday 3 July 2013 The longer term leases sought by commercial landlords in post-earthquake Christchurch, mostly involving …

Resource Management Reform Bill: Local Government and Environment Select Committee Report

The Resource Management Reform Bill (“the Bill”) is an omnibus bill designed to amend the Resource Management Act 1991 (“the RMA”), the Local Government (Auckland …

Anderson Lloyd Nominated for Law Awards

We are delighted and proud to announce that Anderson Lloyd has been nominated for the second annual Euromoney Legal Media Group Australasian Women in Business …

Tenants’ Rights to Share of Landlord’s Insurance Pay-Out

A tenant-favourable judgment (One Three Four Limited v JRF Holdings Limited [2013] NZHC 938) has recently been issued by the High Court, awarding the tenant …

Recovering Litigation Legal Fees in Solicitors’ Negligence Cases

The High Court has recently confirmed the legal basis for the recovery of litigation legal fees as damages in solicitors’ negligence cases. Until now, there …

New Energy Use Rating Scheme a Game Changer for Commercial Property

On 10 June 2013, Simon Bridges, the Energy and Resources Minister, launched a new rating tool to assess the energy use of commercial office buildings. …

Enforcing Safety Policies

Employers are obliged by health and safety legislation to take all practicable steps to ensure the safety of employees while at work. Sometimes dismissal is …

The Worst Case Scenario: Investment Risk

When making new investments many people look through rose-coloured glasses, but it is essential to consider the risks. An example of a worst case scenario …

New Christchurch Local Alcohol Policy Set to Shape Liquor Licensing

The Christchurch City Council has adopted its draft Local Alcohol Policy (LAP) under the Sale and Supply of Alcohol Act 2012 (“the Act”). The adoption …

New Guidance on Costs in Solicitors’ Negligence Cases

The High Court recently confirmed the legal basis for clients trying to recover legal fees as damages in solicitors’ negligence cases. Former clients often seek …

Housing Accords and Special Housing Areas Bill

A new bill that addresses national concerns around housing supply and affordability is currently before Parliament. The Housing Accords and Special Housing Areas Bill passed …

PC56 – Managing Urban Design and Amenity in Christchurch

Suburban centres are under the planning spotlight, with a proposed City Plan change that will enable greater scrutiny over the design and appearance of developments …

The Employment Relations Amendment Bill

All parties appearing before the Employment Relations Authority are likely to welcome the proposed introduction of a three-month time limit for determinations. This is just …

Mackenzie Basin Agreement

In 2011 the Mackenzie Sustainable Futures Trust sought to bring together a wide range of interest groups to discuss approaches to managing the basin. This …

Anderson Lloyd early mover back into the Christchurch CBD

After nearly three years operating from a converted warehouse, Anderson Lloyd’s Christchurch staff will soon be back in the central city. The firm has taken …

When the contract is silent

Sometimes the parties negotiating a contract omit to address an important issue. Only in certain circumstances can the courts imply a term in the contract …

Insurers Unshaken After Red Zone Ruling O’Loughlin v Tower Insurance Ltd

The highly anticipated High Court decision regarding a Christchurch couple and their insurer has stopped short of a landmark ruling that would see many red …

Land Use Recovery Plan

A preliminary draft of the Land Use Recovery Plan, identifying the direction for residential and business development in greater Christchurch for the next 10 – …

Draft Auckland Unitary Plan Launched

The Draft Auckland Unitary Plan (“the Unitary Plan”) was launched on 15 March 2013. The Unitary Plan is a combined resource management plan that includes …

Safety Audit Standard for Adventure Activities

On 14 March the Government released the new safety audit standard for adventure activity operators. Under the Health and Safety in Employment (Adventure Activities) Regulations …

Recording Verbal Agreements in Writing

A written contract is commonly prepared only after agreement has been reached verbally on key issues. Sometimes those key issues are not accurately recorded in …

Freshwater Reforms Discussion Document

On 9 March 2013 Environment Minister Amy Adams and Minister for Primary Industries Nathan Guy released the Government’s approach to reforming freshwater management; Freshwater reform …

ECan Act to continue to 2016

Important legislation which affects Canterbury regional governance and decision making was passed on 28 February 2013. The Environment Canterbury (Temporary Commissioners and Improved Water Management) …

RMA Reforms Discussion Document

On 28 February Environment Minister Amy Adams released a discussion document detailing sweeping changes to the Resource Management Act (RMA). The proposed changes go much …

New Zealand Māori Council Claim Dismissed by Supreme Court

Specialist lawyers Jen Crawford and Will Jennings provide comment on the 27 February decision, in which the Supreme Court unanimously dismissed the claim by the …

Financial Markets Authority Focus for 2013

The Financial Markets Authority (FMA) has today released a Compliance Focus 2013 document outlining the FMA’s priority areas for monitoring and surveillance throughout this year. …

How Not to Dismiss an Employee

A recent unjustified dismissal case heard in the Employment Relations Authority demonstrates why it is important to properly investigate allegations before dismissing an employee. Anderson …