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- Water Rights and Partial Asset Sales
- Feb 2012The debate over the incorporation of section 9 of the State Owned Enterprises Act into new legislation, allowing the partial sale of four state owned enterprise power companies has led to the New Zealand Māori Council lodging a claim in the Waitangi Tribunal, including one relating to rights to the water used by the companies.
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- Managers can be "vulnerable" too
- Feb 2012In this article, Lesley Brook examines who can be classed as affected employees when a company is sold or restructured.
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- Sleepovers and the Minimum Wage Obligations
- Nov 2011When is a sleeping employee working, and what are they entitled to be paid? This article by Lesley Brook answers your questions.
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- Remedies against ex-employees
- Nov 2011This publication from Lesley Brook examines what remedies are available when an ex-employee sets up in direct competition with an ex-employer.
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- Build Green Christchurch
- Oct 2011Build Green Christchurch is a new tool described as a simple, introductory level green building assessment for the Christchurch city rebuild. This publication sets out the criteria which will be considered in assessing a building.
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- Abolition of Gift Duty
- Oct 2011Gift duty has been abolished effective 1 October 2011. Gift duty was a tax, which was previously applied to gifts made by individuals of more than $27,000 in any one year. People who have existing Trusts and gifting programmes will need to consider the implications of the abolition of gift duty. This publication considers those implications.
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- Summary of the Amendments to the Environment Court Practice Note 2011
- Oct 2011An amended Environment Court Practice Note has been issued and comes into effect on 1 November 2011. The Practice Note provides further clarification and guidance to all parties involved in Resource Management hearings of Court's practices and should be followed unless there is good reason to do otherwise. The attached publication summarises the main substantive additions.
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- Existing Use Rights and the Draft Christchurch Central City Plan
- Oct 2011The draft Central Ciy Plan contains proposals for significant re-zonings throughout the CBD, which will affect a large number of property and business owners and their ability to re-establish businesses and rebuild buildings on their existing site. We have prepared an overview of existing use rights as provided by Section 10 of the Resource Management Act.
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- Submission
- Sep 2011
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- Draft Recovery Strategy for Greater Christchurch
- Sep 2011Consistent with the requirements of the Canterbury Earthquake Recovery Act 2011, CERA has released a draft Recovery Strategy for public comment. The Strategy essentially sets out the scale of destruction and the task required to rebuild. The vision is essentially about achieving "an attractive and vibrant place to live, work and invest" for current and future generations.
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- How to successfully introduce a 90 day trial period for employees
- Sep 2011If you are considering introducing a 90 day trial period for new employees, the attached paper by Lesley Brook will be of interest to you. Lesley discusses how to successfully introduce 90 day trial periods for your business.
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- What staff do in their own time - Is it your business?
- Jul 2011As an employer, is it your business what your staff do in their own time? This article examines recent examples of conduct outside working hours having an impact on employment.
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- Unit Titles Act 2010
- Jul 2011On 20 June 2011, the Unit Titles Act 2010 came into force. The Act affects all existing and new unit title developments. They key aspects of the Act are detailed below.
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- Employees' Access to Information
- Jun 2011If you are considering dismissing an employee for any reason, that employee is entitled to access information that is relevant to your decision.
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- Commentary on the Freshwater Management 2011 National Policy Statement
- May 2011The Government has recently released the much anticipated National Policy Statement for Freshwater Management ("the NPS"). The NPS takes effect on 1 July 2011 and regional councils will have until 31 December 2014 to implement it.
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- Canterbury Earthquake Recovery Bill Update
- Apr 2011The Canterbury Earthquake Recovery Bill ("the Bill") was subject to heated debate as it progressed through its second and third reading in Parliament on 14 April 2011.
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- Cancellation of Leases due to "Untenantability"
- Apr 2011A recent High Court decision has considered cancellation of commercial leases due to untenantability. This case will be especially important for businesses in Christchurch following the recent earthquake.
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- National Policy Statement on Renewable Electricity Generation
- Apr 2011On 14 April 2011 the Government will issue the National Policy Statement on Renewable Electricity Generation. The Policy Statement has been created to help attain the Government's policy for 90% of energy to be generated by renewable sources by 2025. The attached paper looks at the National Policy Statement in more detail.
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- Canterbury Earthquake Recovery Bill
- Apr 2011The Canterbury Earthquake Recovery Bill ("the Bill") was introduced to Parliament under urgency on Tuesday 12 April. It is expected that the Bill will be passed into law on Thursday after a shortened Select Committee process.
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- Rural Law Brochure
- Apr 2011
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- Select Committee Report on the Environmental Protection Authority
- Apr 2011The Local Government and Environment Select Committee Report on the Environmental Protection Authority Bill was released on 28 March 2011. The attached report examines the changes to the Bill suggested by the Select Committee.
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- Overseas Investment in Farms
- Feb 2011In response to the proposed sale of a major dairy farm holding to an overseas owned company, the New Zealand Overseas Investment Office has amended the rules for overseas persons investing in New Zealand farms. The attached article details the amended regulations.
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- Cashing in Annual Leave
- Feb 2011From 1 April 2011 employees can request to cash in up to one week's annual leave in each year of annual leave entitlement. Take the opportunity now to find out what you need to know as an employer.
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- 90 Day Trial Period for Employees
- Feb 2011From 1 April 2011 all employers will be able to use the 90 day trial period for new employees. The article below contains the key points which employers need to be aware of.
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- Summary of the 2010 Amendments to the Local Government Act 2002
- Feb 2011Below is a summary of the changes which the Local Government Act 2002 Amendment Act 2010 made to the Local Government Act 2002.
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- Lawlink Magazine - Summer 2010
- Dec 2010Welcome to Lawlink's summer edition of Connect magazine, a business commentary publication.
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- Lawlink e-Connect Magazine, November 2010
- Dec 2010Welcome to the November edition of the Lawlink e-Connect newsletter.
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- Further Update to Aquaculture Reform
- Dec 2010This article describes the progress of the Aquaculture Legislation Amendment Bill (No. 3), examines the content of the Bill in more detail, and provides an overview of the implications for industry.
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- Release of Select Committee Report on Local Government Amendment Bill
- Nov 2010The Select Committee report on the Local Government Amendment Bill was released on 3 November 2010. The attached report details the most noteworthy amendments made by the Select Committee.
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- Environmental Protection Authority Bill
- Nov 2010The Environmental Protection Authority Bill, which establishes the new Environmental Protection Authority was introduced to Parliament on 16 November 2010. In the attached article, Maree Baker examines the Bill in detail.
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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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- Managing the Estates Process
- Aug 2010The attached publication clearly explains out what is involved in managing an estate.
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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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- Lawlink Magazine - Autumn 2010
- May 2010Welcome to Lawlink's autumn edition of Connect magazine, a business commentary publication.
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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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- 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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- 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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- Fleetwing Revisited
- Aug 2009The attached article by Jen Crawford featured in the Resource Management Journal in August 2009.
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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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- First Dibs to the Last Drop
- Nov 2008The attached article by Jen Crawford was published in the Resource Management Journal, November 2008.
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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 - 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 - 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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