PUBLICATIONS


ARTICLES
DISCLAIMER: The content of these articles are general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
47 Lenders Beware - Are You Registered?
Claire Evans, Associate reminds all lenders that it is compulsory to be registerd on the Financial Service Provider Register (FSPR) to legally provide their services.  There are however a few exclusions./Read more

46 Passing The Buck: Can Retailers Pass On Credit Card Surcharges To Customers?

Anna Ryan, Associate and James Dalgleish, Solicitor discuss the recent decision of the Reserve Bank of Australia to give credit card companies the power to limit what retailers charge customers for credit card surcharges.  The actions of the Australian and New Zealand watchdogs indicate that this issue is being taken seriously. 

/Read more

45 Setting the Records Straight: The Importance of Record-Keeping For Pharmacists
Anna Ryan, Associate, and James Dalgleish, Solicitor, discuss a recent High Court decision which highlighted the importance of pharmacists adhering to the standards required under the Health Practitioners Competence Assurance Act 2003./Read more

44 Give Your Business Structure A Health Check

Business owners often don't give any thought to their business structure or consideration as to whether the current business entity is still suitable for the type of work undertaken for the size of the business, until it is too late.  Claire Evans, Associate, discusses how businesses should consider their current structure as this can change as your business grows.  

/Read more

43 Why Choose A New Zealand Limited Partnership

Claire Evans, Associate, discusses the key features of a New Zealand Limited Partnership.

Claire specialises in securities, mergers and acquisitions, commercial contracts, establishing and restructuring corporate structures and investment funds.

/Read more

42 Pitfalls of the "Divide and Conquer" Approach to Business
Anna Chartres, Associate, discusses a piece of consumer-protection legislation aimed at promoting competition in New Zealand markets. This article was published in Rural South./Read more

41 Submissions Called For on New Zealand Post's Rural Delivery Service

Following recent announcments from New Zealand Post on its proposed changes to the rural mail delivery service, Anna Chartres, Associate, discusses what this would mean for those at rural delivery addresses and how you can provide your feedback by way of a submission.

/Read more

40 Helping Your Farm Workers to Obtain New Zealand Residence

We receive a lot of immigration enquiries from farm workers employed in the South Island.  Their roles range from general farm labourers through to herd or farm managers.  Hetish Lochan who specialises in immigraiton and based in our Queenstown office wrote the attached article for the Rural South publication

/Read more

39 New Drug And Alcohol Standards For Adventure Tourism
In accordance with the latest amendments to the Regulations, that came into force on 15 December 2012, safety auditors must also now review Operators in accordance with a recognised safety audit standard that manages the risks of drugs and alcohol use by staff.  For more information please contact a member of our employment team./Read more

38 Turning the Spotlight Around - The Extensive Duties and Obligations of Local Authorities

Jane Walsh discusses the minefield of planning regulations and the needs of the modern farmer to understand their rights, obligations and duties in respect of district and regional planning documents. 

This article was published in Rural South's December 2012 issue.

/Read more

37 A Fall From Grace

Duncan Webb, partner, discusses another hot topic on discipline within the legal arena.  NZ Lawyer published this article in its December issue.

 

/Read more

36 Grazing Rights - More than just a handshake.

Historically, many agreements to graze stock between farmers have been flexible,undetermined ‘handshake’ agreements. Due to changes in legislation these “handshake” agreements are often no longer practical. Maddy Thwaites and Elizabeth Neazor of Lane Neave's Dispute Resolution Team discusses this topic further in the rural publication Straight Furrow

/Read more

35 Existing Use Rights Under The Proposed Land and Water Regional Plan?
Jane Walsh continues her series on the Proposed Land and Water Regional Plan and what this could really mean to new and existing landowners.  For a copy of the article as published in Rural South click on 'read more'./Read more

34 Managing Migrant Workers

Nicola Appleton, an Associate with Lane Neave's Immigration team, discusses the potential for an employer to face fines for an unintentional failure to meet immigration requirements. 

Nicola comes from a farming background and has practised exclusively in the field of immigratoin for over 12 years.  Nicola's article  was published recently in the Rural South newspaper.

/Read more

33 Supreme Court Decision Provides Relief For Blue Chip Investors

In this article Lane Neave discusses a recent landmark decision.  For specific securities law advice contact Gerard Dale, Partner - gerard.dale@laneneave.co.nz or Tim Brown, Associate - tim.brown@laneneave.co.nz

/Read more

32 The Duty of Respect and Courtesy
Duncan Webb continues his series of articles for Law Talk this time conduct of lawyers./Read more

31 Leasing or Grazing Livestock - Are You Up With The Rules?
Elizabeth Neazor from Lane Neave's banking and finance team discusses securing your stock on the PPSR register and why it is important.  This article was recently seen in Rural South's August issue./Read more

30 Ecan's Property Restrictions on Farming Intensification

Read Jane Walsh's third article in Rural South on Ecan's proposed restrictions on farming intensification including some helpful tips for completing submissions

/Read more

29 New Listing Rule - Gender Diversity
On 4 July 2012, the NZX approved the inclusion of a new diversity rule.  For an overview by Gerard Dale and Anna Chartres click on 'Read more' for further information./Read more

28 My client made me do it
Duncan Webb has again composed an article of interest that there are some things that a client can't instruct his or her lawyer to do./Read more

27 The modern farmer and understanding Council planning documents - Part 2
Jane Walsh, a senior solicitor with our Resource Management team, writes for the Straight Furrow's Legal Talk column.  In part 2 of this two part article Jane discusses the modern farmer and understanding Council planning documents (and the draft Land and Water Regional Plan).  Look out for further articles from Jane in July's issue of Straight Furrow./Read more

26 The duty to rat
Duncan Webb has completed an article for Law Talk, a publication of the Law Society.  He discusses in the profession of law some wrongs are more serious than playground highjinks./Read more

25 The modern farmer and understanding Council planning documents - Part 1
Jane Walsh, a senior solicitor with our Resource Management team, writes for the Straight Furrow's Legal Talk column.  In part 1 of this two part article Jane discusses the modern farmer and understanding Council planning documents. Look out for Part 2 in May's issue of Straight Furrow./Read more

24 Providing an indemnity - how to avoid writing a blank cheque
Anna Chartres, Associate and Vanessa Brierley, Solicitor wrote an article on indemnity which was published in NZ Lawyer's May 2012 issue./Read more

23 Earthquake : Immigration Update
Due to the earthquake, a number of businesses and Government entities are not yet operational.  There is a lot of misinformation circulating, and we would like to provide an accurate update on immigration related issues./Read more

22 Preparing to combat financial crime
Dean Seymour, Senior Solicitor and Mark Cathro, Associate wrote an article on the Anti-Money Laundering and Countering Financing of Terrosim Act 2009 which was published in NZ Lawyer./Read more

21 You can't tell lies to a regulator
Dr Duncan Webb considers the efficacy of the defence of replying on advice of counsel in an article published in NZ Lawyer./Read more

20 New Earthquake Claims Procedure
From 1 February 2012, the District Court will implement a new process which will “fast-track” claims arising from the Christchurch earthquakes. This process will apply to claims filed in the District Court at Christchurch, Rangiora, Timaru and Ashburton.  For further information please contact our insurance team./Read More

19 The New Australian PPSA
Claire Evans and Vanessa Brierley review the Australian Personal Property Securities Act 2009 (PPSA) and Personal Property Securities Register (PPSR) which recently came into effect, and together establish a new national regime to govern security interests in personal property in Australia.  Australians and New Zealanders supplying goods into Australia now face the significant change in security and credit regulations that New Zealand adopted in 2003./Read More

18 D&O Insurance May Provide Cold Comfort for Directors Facing Proceedings
Mark Cathro and Vanessa Brierley discuss the pressures and responsibilities faced while running a company and how they have risen significantly in recent years.  Regulatory controls and the likelihood of litigation have increased, making directors and officers more vulnerable than ever for both their own mistakes and the mistakes of others./Read more

17 Business Interruption Claims : Challenging "Depopulation" Adjustments

Glenn Jones and Karen Welsford, members of the Lane Neave Insurance team, raise two particular issues for Christchurch business owners under their business interruption insurance policies: The extent to which insurers are entitled to reduce claims on the basis of depopulation and whether cover may be restricted to the cover under a policy extension.

/Read more

16 Honest Directors May Not Be Above the Law
Directors may not simply rely on advice and information provided to them by others but rather have a responsibility to apply their own judgment.  Gerard Dale and Vanessa Brierley examines this topic in the attached article.
/Read more

15 ASIC v Healey - Implications for New Zealand Directors
A recent Australian Federal Court decision will no doubt have implications for directors of New Zealand companies. Gerard Dale and Jason Ray review./Read more

14 Changes for Overseas Investment in NZ Farms

In this article Sam Nelson considers 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 took effect on 13 January 2011.

/Read more

13 You've Got Mail
Electronic forms of marketing have radically transformed business practice in New Zealand. From 5 September 2007 the Unsolicited Electronic Messages Act will come into force. Andrew Logie and Amanda Kernahan raise the points to be aware of./Read More

12 Whose Law is it Anyway
Any business of significance has transnational elements. Duncan Webb discusses when dealing across borders it is important to know whose law you are dealing with and what the rules are./Read more

11 Labour Shortages
The standard work permit policy applied by Immigration New Zealand (INZ) when a manufacturer would like to employ a non-New Zealand citizen or resident. For further information please contact Mark Williams.
/Read more

10 Corporate Governance
The Companies Act 1993 does not require companies to appoint a company secretary, but not doing so creates its own potential problems. For further information please contact Anna Ryan./Read more

09 Electronic Messages Act
Following the enactment of the Unsolicited Electronic Messages Act 2007 (Act), businesses need to ensure compliance with the new rules regarding the sending of unsolicited commercial electronic messages./Read more

08 Minority Buyouts
The Companies (Minority Buy-out Rights) Amendment Bill amends the Companies Act 1993 to clarify the minority buy-out provisions for dissenting shareholders./Read more

07 Industry and Trade Associations
Anna Chartres provides an overview of some of the steps that Associations and their Members can take to minimise the risk of inadvertently engaging in unlawful anti-competitive behaviour./Read more

06 Just a little Green Lie
Businesses making their products more eco-friendly could find themselves on the wrong side of the law for making exaggerated environmental claims - known as "greenwashing"./Read more

05 The KingMakers Plans for Employment Law
The possible impact of the minority parties on New Zealand's employment law over the next three years as part of the Coalition Government./Read more

04 Voluntary Administration
The new Voluntary Administration (VA) insolvency regime came into force in New Zealand in November 2007 and may be utilised to restructure businesses experiencing financial difficulty and avoid company liquidation.  Ben Russell notes what companies should know./Read more

03 Terms and Conditions March 2009
Anna Chartres discusses the terms and conditions that should be reviewed regularly and confirmed to address the issues most likely to arise in a company's supply context./Read more

02 Employers Providing Immigration Advice
From 4 May 2009, employers providing immigration advice and assistance to their employees, are in breach of the Immigration Advisers Licensing Act 2006./Read more

01 Asset Sale vs Share Sale
Business acquisitions may be effected by purchasing the company's assets or shares - which is better?/Read more