News & Analysis as of

New Zealand

Chris Lazarini Discusses Application of Inter-American Convention on International Commercial Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an international family dispute over the holdings in a brokerage account. In this instance, the primary owner of the account – a mother living in Columbia...more

M&A Global Intelligence Series: American Deal Terms

by DLA Piper on

With regulatory constraints currently making it challenging to get capital out of China, the Pound Sterling continuing to suffer Brexit-related weakness and the NZ$ having softened against the Greenback, we expect North...more

The FMA's Annual Corporate Plan

by DLA Piper on

The Financial Markets Authority (FMA) recently issued its Annual Corporate Plan for 2017-2018 (ACP). This sets out the FMA's priorities and intended activities for the year ahead and is one of their core strategic...more

High Court confirms position on assignment of insurance claims

by DLA Piper on

The High Court has recently confirmed that purchasers of an earthquake damaged house who took an assignment of the vendor's insurance claim can only claim the indemnity value from the insurer. The purchasers are not able to...more

Indemnities and insurance for directors and employees

by DLA Piper on

Company directors and employees must be aware of their rights and the requirements that relate to companies indemnifying, and providing insurance for their actions as directors or employees. Simple misunderstandings of the...more

Amputation brings big fine

by DLA Piper on

Last week the first fine was imposed on a business for breach of the Health and Safety at Work Act 2015 (HSWA)....more

Higher Health & Safety fines are a new reality

by DLA Piper on

On 22 August, the first fine was imposed on a business for breach of the Health and Safety at Work Act 2015. While these fines cannot be insured, the 6-fold increase in penalties under the new Act will change defence strategy...more

Patentability of diagnostic methods and biomarkers in Australia and New Zealand

by FPA Patent Attorneys on

Australia and New Zealand remain fertile grounds for pursuing inventions related to diagnostics, as outlined below. As the patentability of diagnostics in jurisdictions like the US has become increasingly complex, we provide...more

Passing the warrant of fairness - How fit is your gym membership?

by DLA Piper on

This week the Commerce Commission (Commission) released its report into unfair contract terms (UCTs) in consumer contracts in the gym and fitness industry. In this update we highlight the common UCTs identified by the...more

Contract and Commercial Law Act 2017 comes into force

by DLA Piper on

On 1 September, the Contract and Commercial Law Act 2017 (CCLA) comes into force. The CCLA is the product of a large statute revision exercise that aimed to make the Acts within its scope more accessible, readable and easier...more

Hazardous Substances Regulations

by DLA Piper on

From 1 December 2017, those who manufacture, use, handle, store and transport hazardous substances in the workplace will need to follow the new Health and Safety at Work (Hazardous Substances) Regulations 2017 (Regulations)....more

Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017

by DLA Piper on

The Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (Amendment Act) received Royal assent on 10 August 2017. The Amendment Act makes a number of changes to the Anti-Money Laundering and...more

Changes to the Commerce Act: five things you need to know

by DLA Piper on

In our last competition and market regulation update we noted that the Government had failed to progress the Commerce (Cartels and Other Matters) Amendment Bill, which was introduced to the house in 2011. The Bill has finally...more

Bill reforming financial adviser regime introduced to Parliament

by DLA Piper on

The financial services industry has been waiting with bated breath (given the upcoming General Election) for the introduction of the Financial Services Legislation Amendment Bill (Bill), which was introduced to Parliament on...more

Initial coin offerings – something new under the regulatory sun?

by DLA Piper on

FinTech Regulation - In our financial services updates at the beginning of the year (see here), we outlined a few regulatory pointers for FinTech coming out of a speech by the Chair of the Financial Stability Board (FSB)....more

IOSCO thematic review: recommendations for the regulation of custodians

by DLA Piper on

In our May 2017 update we discussed the International Monetary Fund's (IMF) 2017 report on New Zealand's financial sector. One of the IMF's notable recommendations was for the New Zealand Government to require custodians to...more

Public Decision Making Newsletter Winter 2017

by DLA Piper on

This newsletter summarises recent developments in resource management and local government law in New Zealand that are of particular relevance to local authorities and decision makers. In this edition, we address recent...more

OTA & Travel Distribution Update - June 30th, 2017

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending June 30, 2017 is below. A mix of stories in this week’s update. Airbnb Continues Its March Toward Mainstream Lodging (SHORT-TERM RENTALS) ("Airbnb signs...more

Final consumer credit fees guidelines

by DLA Piper on

On 30 June 2017 the Commerce Commission released its final guidelines on consumer credit fees. This follows the release of the draft guidelines in September 2016....more

Global Patent Prosecution Highway (GPPH) now available in New Zealand

by FPA Patent Attorneys on

Patent law in New Zealand in recent years has undertaken quite a facelift. For example, under the new law, stricter support requirements are in place, obviousness is now a ground for examination, re-examination is available...more

Locked box: Price protection, not price adjustment

by DLA Piper on

DLA Piper recently launched its 2017 Global M&A Intelligence Report in New Zealand. The report analyses data from over 1,000 deals (over the last three years) including from New Zealand and Australia, and provides unique...more

Review of the Commerce Act - What has been decided?

by DLA Piper on

Cabinet has announced a number of decisions following the targeted review of the Commerce Act undertaken by the Ministry of Business, Innovation and Employment. In this update we look at the announcement, which included a...more

Consultation on personalised robo-advice

by DLA Piper on

As you will be aware from our previous updates on robo-advice, personalised financial advice in New Zealand must be given by a human being. This is limiting the development of robo-advice models in the New Zealand market and...more

Changes to FMC Regulations will relieve annual report distribution burden

by DLA Piper on

The Minister of Commerce and Consumer Affairs has announced changes to be made to the Financial Markets Conduct Regulations 2014 later this year, allowing issuers of certain financial products to make their annual reports...more

Report on rapid growth in P2P lending – what does it mean for New Zealand?

by DLA Piper on

Credit activity on FinTech credit platforms around the world has generated significant interest in financial markets, among policymakers and from the broader public. However, there remains a level of uncertainty as to how...more

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