Latest articles
RMA Update May 2012
Wednesday, 9 May, 2012
Author: Jaime Bright
The Resource Management Act requires Councils to review District Plans every 10 years. The Hamilton Draft District Plan Review is currently in full swing and for all Hamilton residents now is the time to be keeping a close eye on potential changes which may affect their properties.
Employment Law Update May 2012
Wednesday, 9 May, 2012
Author: Simon Menzies
An employer is faced with an accusation against an employee alleging misconduct. In an investigation into the accusation, what are the obligations of the employer in relation to the accuser?
Practical privilege
Monday, 23 April, 2012
Author: Kevin Bond
The New Zealand legal system is a common law system, based on the English system of justice. As a result, New Zealand, like England, Australia, Canada and the USA, adopts an adversarial court process. What this means is that the Courts are reliant on the parties to produce evidence and argue in favour of a particular version of events. Based on this evidence and argument from counsel, the Court will make a decision as to which party is right and which is wrong.
Farewell to Gift Duty
Friday, 20 April, 2012
Author: Matthew Peploe
On 29 August 2011, gift duty was abolished. Gift duty has taxed gifts above specified limits for over 125 years. The law change took effect on 1 October. From that date, New Zealanders were able to make gifts of any size without having to pay any duty on the gift.The abolition of gift duty creates new opportunities for the structuring of your personal affairs, particularly if you have a family trust. However, it also creates new risks.
Union access to workplaces
Saturday, 14 April, 2012
Author: Andrea Twaddle
This year has seen high profile industrial action across a wide range of industries. Employers in non-unionised workplaces are increasingly receiving requests from unions to access their workplaces for union purposes, including the recruitment of members. This article provides guidance for employers regarding the current law on the rights and obligations of both parties regarding union access.
Department of Internal Affairs Gambling Prosecution Unsuccessful
Thursday, 22 March, 2012
Author: Karen Shaw
In the case Department of Internal Affairs v Coffey DC Auckland CRN 110778500041, 2 March 2012 the Auckland District Court dismissed two charges brought against Mr Coffey under section 118 of the Gambling Act 2003. The decision emphasises the two-staged inquiry under section 118. For an offence to be committed a key person must not knowingly offer money, a benefit, an advantage, a privilege or a gift to certain persons and he or she must also know that the receipt has a condition attached to it.
Gambling Commission rules on disclosure request made by gaming society
Friday, 2 March, 2012
Author: Jarrod True
On 1 February 2012, the Gambling Commission released a decision on an application by First Sovereign Trust for particular discovery from the Department of Internal Affairs. The Commission ultimately decided that it required more information to determine whether or not the material was relevant and whether it would require it to be disclosed. However, the Commission felt it was within its powers to seek that further information and clarification. It relied on the Gambling Act 2003 and Commissions of Inquiry Act 1908 as the source of its powers and said its powers were not limited by the Official Information Act 1982. The Commission also said it was unnecessary for it to consider the High Court rules.
Gaming machine society overturns licence suspension decision
Thursday, 1 March, 2012
Author: Karen Shaw
On 1 February 2012 the Gambling Commission released its decision on the Blue Waters Community Trust’s appeal against a three day operator’s licence suspension. The Trust’s appeal resulted in its suspension being reduced to one day. The Gambling Commission’s decision was robust in its criticism of the Department of Internal Affairs’ approach to calculating the period of suspension which it said had a number of “serious conceptual deficiencies”.
Lessons to be learned
Friday, 17 February, 2012
Author: Paul Middlemiss
With an ongoing economic downturn, now is a good time to look at what lessons learned could give better protection for business owners including how key assets are owned.
While there are laws that prevent the transfer or disposal of assets to avoid liability to creditors, solvent businesses should consider whether...
Employment Law Update - February 2012
Friday, 17 February, 2012
Getting Employment Agreements Signed
Consider this common scenario. After conducting interviews for a job vacancy, the employer settles on the appropriate candidate, offers the applicant the job which is accepted. Often the offer is made in person, by phone or by way of correspondence with mention of a few of the...
