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.
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 …
Rakaia water conservation order amended
Anderson Lloyd experts Maree Baker-Galloway and Sarah Eveleigh share some insight on the implications of the finalised amendments to the Rakaia Water Conservation Order (RWCO) …
New Rules for Strengthening of Earthquake Prone Buildings
A High Court decision released on 4 February, 2013 has changed the rules around the strengthening of earthquake-prone buildings. Anderson Lloyd Lawyers expert Mike Kerr …
Council accidentally disclosed personal information following a request for official information
The need for caution when councils deal with official information requests has been highlighted in a recent complaint dealt with by the Privacy Commission. Anderson …
DOC’s role in protecting biodiversity – a tricky job but report highlights room for improvement
A performance audit report by the Auditor-General identifies the need for improvement in how the Department of Conservation (DOC) prioritises biodiversity and how it partners …
Pike River: A Matter of Direction
Director’s Liability and Corporate Governance Introduction In November 2010 29 men lost their lives following an explosion at Pike River Mine in one of New …
Proposed Amendments to the Construction Contracts Act
Proposed changes to the Construction Contracts Act 2002 are aimed at ensuring faster and cost-effective dispute resolution and a more user-friendly process. The Government introduced …
When Written Contracts Pass Their Expiry Date
A recent High Court decision highlights the risks and uncertainties of trading without a written contract or past the expiry date of a written contract. …
Who is actually redundant? (Part 2)
Employers need to be careful to consider all relevant employees when planning redundancies, and not take too narrow an approach. It may be useful to …
The Business Growth Agenda – Progress Report: Building Natural Resources (New Zealand Government)
In December, the Government released a progress report on the Building Natural Resources work stream of its Business Growth Agenda. The purpose of the cross-departmental …
Sweet Artwork
Above: Hector Zamora, Muegano, 2010/2012. Kiosk Lake, Christchurch Botanic Gardens. Commissioned by SCAPE Public Art. Photo: Bridgit Anderson. A large-scale artwork by internationally renowned Mexican …
Government changes agriculture’s place in the Emissions Trading Scheme
The Government recently amended the Emissions Trading Scheme to indefinitely postpone the agricultural sector’s liability to surrender carbon credits for emissions. Anderson Lloyd Partner Lesley …
Appeal to the Supreme Court – NZ Māori Council decision
1. The Supreme Court has approved leave for the New Zealand Māori Council (et al) to appeal the High Court’s decision on the proposed sale …
Resource Management Amendment Bill 2012 Update
First Reading, Parliamentary Debates and Submissions called for. We are continuing to monitor progress of the Bill. It has passed its first reading and submissions …
Donation to food banks instead of sending Christmas cards
Law firm Anderson Lloyd has donated $11,500 to food banks in the South Island this year instead of spending the money on Christmas gifts and …
International trade marks now being registered from NZ
New Zealand based businesses can now make a single trade mark application to the Intellectual Property Office of New Zealand (“IPONZ”) to apply for trade …
Everything councils need to know about the Local Government Amendment Act
The Local Government Act 2002 Amendment Bill was passed by Parliament on 29 November and commenced (in part) on 5 December 2012. Overall, this amendment …
Resource Management Act – Changes, Again!
The Minister for the Environment Hon Amy Adams has introduced more amendments to the Resource Management Act 1991 and related legislation, including the Local Government …
Framework in place for new central city
Much has been written in the past few weeks about the challenges facing the central city rebuild. But what of the opportunities that the new …
Cleaning and Catering Staff
Cleaners and caterers have special rights under the Employment Relations Act to transfer their employment to a new employer, when a business is sold for …
Biodiversity Offsets – A Further Update on the Law
Mark Christensen provides an update on the most recent case law developments and the current status of biodiversity offsetting in New Zealand. Prepared by Mark Christensen …
Evaluating the Environmental Impacts of Fracking in New Zealand
Parliamentary Commissioner for the Environment Dr Jan Wright released her interim report, which evaluates the environmental impacts of fracking in New Zealand, on 27 November …
Land Use Recovery Plan
Earthquake Recovery Minister Gerry Brownlee has directed Environment Canterbury to develop a Land Use Recovery Plan for Greater Christchurch. Read more: Land Use Recovery Plan …
Labour Party Proposal for a National Policy Statement on Affordable Housing
Affordable housing is one of the huge issues facing this country. Owning your own home has always been central to the “Kiwi dream”, but nowadays …
Takeovers Code Threshold Increased
A definition change in the Takeovers Code may assist some companies to raise capital. Anderson Lloyd Lawyers Partner Anne McLeod explains. This article was also …
The changing nature of commercial lease negotiation in Christchurch
Anderson Lloyd Lawyers Partner Mike Kerr provides some insight into the challenge of negotiating new commercial leases as the central Christchurch rebuild gains momentum. Read …
Christchurch Cathedral Decision has Trust Focus
Heritage building owners need not be too concerned that the High Court decision last week to halt demolition of the Christchurch Cathedral puts a blanket …
New Offshore Mining Laws
New legislation will strengthen the regulation of offshore mining and essentially become a Resource Management Act for the sea, write Dunedin lawyers Sarah Simmers and …
Third Report of the Land and Water Forum – “A Significant Change”
On 15 November a major report was issued by the Land and Water Forum (“the Forum”). This is its third report (“the Report”) with recommendations …
Collaboration the Key to Rebuild Opportunities
Anderson Lloyd Lawyers Partner Ben Johnston advocates a collaborative approach for landowners and property developers in the central Christchurch rebuild. Read more: Collaboration the Key …
Court Decision Sets New Privacy Boundaries
A new decision from the High Court indicates that while we may not need to worry about seeing semi-nude photographs splashed through the tabloids like …
Submissions called for on Resource Management Amendment Bill
A new Resource Management Amendment Bill has passed its first reading and is now to be considered by the Local Government and Environmental Select Committee. …
New offshore mining laws
Legislation passed earlier this month will strengthen the regulation of offshore mining and essentially become a Resource Management Act for the sea, write Dunedin lawyers …
Changes to public conservation land concessions regime
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“Loan Shark” changes will curb consumer borrowing
Fundamental changes will soon be made to New Zealand’s consumer lending laws. Anderson Lloyd Lawyers Partner Sarah Simmers highlights the key points. Sarah_Simmers_NBR_loan_sharks_1
Crown Minerals (Permitting and Crown Land) Bill
The Government has introduced the Crown Minerals (Permitting and Crown Land) Bill to the House. This Bill contains significant changes to the regulatory regime affecting …
Planned changes may silence children in the Family Court
The Government’s proposed reform of the Family Court is not protective of children and will effectively silence their voices in the Court. Last month the …
Proposed New Version of Standard Construction Contract
Standards New Zealand has released a draft amended NZS 3910 Conditions of Contract for Building and Civil Engineering Construction (DZ 3910) for public comment. Comments …
Rakaia Water Conservation Order
The amendments and additions to the original Water Conservation Order (“WCO”) seek to enable the use of water which is currently diverted and stored in …
Changes to Concessions Regime
Concession holders should now have increased certainty and experience some improvements in concessions processing due to recent amendments to the Conservation Act 1987 (“CA”). The …
ECan Act Powers Extended to 2016
The Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill was tabled in Parliament today, 7 September. The Bill extends all of the substantive …
Who is actually redundant?
“There are some important limits on an employer’s ability to choose who is redundant.” Prepared by Lesley Brook Who is actually redundant
Joint Recovery Plan Analysis for Christchurch Central
The Recovery Plan defines the shape of the Central City, identifies the locations of key Anchor Projects to boost recovery and delivery implementation timelines. It includes …
“Please release me…” – Habeas Corpus Amendment Bill before Parliament
National List MP Chris Auchinvole had his Habeas Corpus Amendment Bill drawn from the ballot in Parliament on 28 June 2012. This bill, if passed …
High Court Decision on Coal Mining Activities
The High Court has confirmed the decision of the Environment Court that consent authorities cannot take into account the effects on climate change of the …
Resource Management (Restricted Duration of Certain Discharge and Coastal Permits) Amendment Bill
The Resource Management (Restricted Duration of Certain Discharge and Coastal Permits) Amendment Bill (“the Amendment Bill”), a Members’ Bill introduced by Green Party MP Catherine …
Proposed Canterbury Land and Water Regional Plan now publicly notified
On 11 August 2012 the Proposed Canterbury Land and Water Regional Plan (PCLWRP) was publicly notified. The PCLWRP is the first time that the quality …
The Central City Recovery Plan directs changes to the District Plan
The Central City Recovery Plan directs changes to the District Plan. Anderson Lloyd has been working with CERA in developing those changes explains what they …
Anderson Lloyd Lawyers searching for new Christchurch site
Christchurch – The largest South Island-based law firm, Anderson Lloyd Lawyers, intends returning to the Christchurch central business district, Chief Executive Richard Greenaway says. Read …
Deadline approaching for comment on proposed changes for agriculture in the Emissions Trading Scheme
Dunedin – The Government is currently seeking submissions on a raft of proposed changes affecting agriculture in the Emissions Trading Scheme (ETS) and the deadline …
Redundancy Entitlements
Vulnerable workers have statutory rights to “redundancy entitlements” which may or may not include redundancy compensation. It is reasonably common these days for employment agreements …
Central City Recovery Plan
The Recovery Plan for the CBD was released this evening (Monday 30 July 2012) by the Christchurch Central Development Unit (CCDU). The unit was established …
Resource Consent Secured for Queenstown Pak ‘N Save
Anderson Lloyd’s Resource Management team, led by Partner Jen Crawford and Associate Annabel Ritchie, have secured resource consent for Foodstuffs South Island Limited to enable …
Technical Advisory Group – Report Proposing Changes to RMA
The Minister for the Environment released on 5 July 2012 the February report by the Technical Advisory Group (“TAG”) which proposes substantive changes to the …
Privacy for Employees and Job Applicants
The Privacy Principles generally require an employer to tell an employee, or a prospective employee, what information is being collected from or about them and …
Agriculture in the Emissions Trading Scheme
The Government is currently seeking submissions on a raft of proposed changes affecting agriculture in the Emissions Trading Scheme. The Consultation Document “Updating the Regulations …
Appendix 1 Amendments to Christchurch City Council’s District Plan
Appendix 1 – Amendments to Christchurch City Council’s District Plan Appendix 1
Purpose of Local Government to be changed
One of the key changes promoted is to amend the focus for local government to ensure it carries out what the Government considers are “core …
Recovery Stratergy for Greater Christchurch
The Strategy sets out guiding principles along with the vision and goals for the recovery, and also identifies areas of priority to address and promote …
Hydroelectricity or Wild Rivers?
On 31 May 2012, Jan Wright, Parliamentary Commissioner for the Environment, released a report analysing one of New Zealand’s most polarising environmental debates – arguably …
Local Government Reform in 2012
The Local Government Act 2002 Amendment Bill was introduced on 30 May 2012 and had its first reading on 12 June 2012. The closing date …
Residential Conveyancing Brochure – Dunedin
The attached brochure sets out our fees for residential conveyancing in Dunedin. AL083 Conveyancy Dunedin
Oral Contracts
A recent Court of Appeal decision highlights the dangers of having oral contracts. Below, Lesley Brook examines the decision. Company L ordered products every month …
Please explain …
An employer can hold an employee to account, a recent case confirms. Mr Garvin was employed as CEO, a new position for a small growing …
Leading Law Firms Announce Alliance for Christchurch
The Reserve Bank estimates that the reconstruction of Christchurch is expected to cost in the vicinity of $30 billion. Christchurch will become one of the …
A Fresh Start for Te Waihora
This article by Jen Crawford appeared in the Resource Management Law Association Journal, April 2012. Prepared by Jen Crawford A fresh start for Te Waihora – …
Contracts for Supply of Services
So you’ve decided to outsource a service and you’ve chosen a preferred provider. Just need to sign on the dotted line, right? Not quite yet. …
Water Quality in New Zealand: Understanding the Science
Maree Baker-Galloway looks at the report. Water Quality in New Zealand Understanding the Science
When is Finance Arranged?
In this article, Lesley Brook examines when finance is deemed to be “arranged” by a purchaser. Finance is deemed to be arranged when a suitable …
Sympathy Strikes? Unlawful?
In this article, Lesley Brook examines whether sympathy strikes are unlawful. When employees collectively refuse to carry out the “work in which they are usually …
Managers can be “vulnerable” too
In this article, Lesley Brook examines who can be classed as affected employees when a company is sold or restructured. Employment – Managers can be …


