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Thursday, 17 January 2019 

Latest News

UNDERSTANDING ANGER AND HIGH CONFLICT PERSONALITY: Nicola Hartfield, mediator and workplace mentor, discusses how anger influences certain personality types and the importance of understanding and managing anger to better engage with clients in stressful situations. Nicola will present on the topic, Managing High Conflict Personalities in Practice, at the Litigation and Dispute Resolution Skills conference in February.

TAX WRAP 2018 AND OUTLOOK FOR 2019: Bell Gully tax team members Partner Willy Sussman and Senior Solicitors Hugh Magee and Toa Vulangi summarise 2018's tax highlights, including three significant cases where Bell Gully won for its clients. The writers then discuss what to expect in the new year, tax-wise.

Industry Developments

MBIE SEEKS SUBMISSIONS ON FINANCIAL ADVISER LEVY REFORM: MinterEllisonRuddWatts Partner Lloyd Kavanagh and Senior Associate Andrew Suggate discuss the Ministry of Business, Innovation and Employment's planned fees and levies for financial advice providers and financial advisers under the new financial advice regime, among other expected changes. MBIE invites submissions on the discussion paper until 18 February.

TREE PROTECTION AND LIABILITY IF SOMEONE SUFFERS INJURY: Kensington Swan Associate Barbara Dean discusses challenges with the protection of trees and who is responsible if something goes wrong, with reference to recent case law and the Resource Management Act and under the Electricity (Hazards from Trees) Regulations.

Ask An Expert

BEST PRACTICE DRAFTING DOCUMENTS FOR POLICY WRITING: Jodie Flowerday, a Policy Advisor working in the New Zealand tertiary sector, discusses the importance of best practice policy drafting documents such as templates and style guides, in a continuation of her series on policy drafting.

COVERT RECORDING POLICIES IN THE WORKPLACE: Barrister Kathryn Dalziel wrote a Letter to the Editor after reading last week's article by Peter Cullen on Covert Recordings of Workplace Conversations and Breach of Trust. I am surprised at the number of employers who have not addressed employee covert recordings in their codes of conduct, she writes.


Thursday, 10 January 2019 

Latest News

IMMIGRATION NEW ZEALAND POLICY AND CHALLENGES OF CHARACTER REQUIREMENTS OF SUPPORTING PARTNERS: Turner Hopkins Solicitor Mahafrin Variava, in the first of a two-part series, discusses a case where the firm represented a client in this area and argues that caution is required when assisting clients under this policy.

'SIGNIFICANT ISSUES' WITH REVIEW OF CHARITIES ACT 2005: Sue Barker, the Director of Sue Barker Charities Law and Charities Act Review Core Reference Group member, concludes her two-part series on the Review with her concerns about the nature, scope, process, and timeframe of the review, including whether Charities Services is encouraging voluntary deregistrations. Sue recently presented a seminar on this topic for Legalwise.

Industry Developments

HOW BUSINESSES CAN MINIMISE RISKS IN I.T. OUTSOURCING: Duncan Cotterill Associate Guy Smith discusses his five top tips for how small to medium size businesses can minimise risks in IT contracting. Often, failures flow from unrealistic expectations on both sides as to what can be achieved, what is involved, and at what cost, he writes. 

TRUST BREACHED IN WORKPLACE WITH COVERT RECORDINGS OF CONVERSATIONS: Peter Cullen, Partner at Cullen - The Employment Law Firm, discusses recent high profile controversies surrounding secret recordings of conversations in the workplace. He asks: If the recorded information is obtained in breach of good faith, should an employee be able to rely on a wrongful recording to bring a case against their employer? 

Ask An Expert

HOW WORKPLACES CAN HELP EMPLOYEES RETURNING TO WORK: Leadership Coach and Business Psychologist Jasbindar Singh discusses how business can help people who are returning to work. Transition-friendly initiatives, such as a "welcome back" morning tea, signal to the employee that they matter and are valued, she writes.

ROLE OF CONSTITUTIONAL COURTS IN LANDMARK DECISIONS IN NEW ZEALAND AND OVERSEAS: Dr Edward Willis,  a lecturer at the University of Auckland’s Faculty of Law, discusses the role of constitutional courts with reference to the landmark United States Supreme Court case of New York Times Co. v Sullivan and the more recent New Zealand Supreme Court decision in Attorney-General v Taylor


Thursday, 13 December 2018 

Latest News

TRIAL PERIOD HEADACHE IN ROACH V NAZARETH CARE CHARITABLE TRUST BOARD: Cavell Leitch Employment Solicitor Jack Brown discusses the issue of trial period provisions in this recent Employment Court case. This decision provides a timely reminder that caution is required when relying on a 90-day trial period, he writes.

ALLEGED ISSUES WITH INVOICES NO EXCUSE FOR NON-PAYMENT OF RATES: Simpson Grierson Partner Jonathan Salter and Senior Associate Lizzy Wiessing discuss the recent case of Rogan and Anor v Kaipara District Council and Anor where the Court of Appeal confirmed that ratepayers cannot refuse to pay rates because of alleged issues with rates assessments and invoices.

Industry Developments

CREDIT INFORMATION REQUEST NOT A MARKETING OPPORTUNITY: Kensington Swan Partner Hayley Miller and Senior Associate Gretchen Fraser discuss Amendment No.14 to the Credit Reporting Privacy Code which has been issued by the Privacy Commissioner John Edwards.

HIGH COURT PROVIDES GUIDANCE ON RETENTIONS REGIME: MinterEllisonRuddWatts Partner Janine Stewart and Solicitor Frank Brown discuss the recent decision in Bennet v Ebert Construction Limited (In rec & liq) and the guidance provided on the retentions regime. 

Ask An Expert

HOW TO CELEBRATE A STRESS-FREE CHRISTMAS: Wellness and lifestyle coach and inspirational speaker Kim Knight of the Art of Health discusses how to manage stress this Christmas through her Vlog. Kim says: "Learning how to manage expectations can help us avoid hurt, frustration and disappointment at Christmas." Kim will present the Managing Stress, Health and Well-Being for Lawyers Seminar for Legalwise during the 10 Points in One Day programme in March.

Weekend Feature

TRAVEL LIGHT AND LOOK SMART WITH THESE STYLE TIPS: It’s surprisingly easy to travel light and look great both on the plane and at your destination. Personal stylist Sally Bruce discusses practical ways to make your wardrobe work for a stress-free holiday, wherever you may be.


Thursday, 6 December 2018 

Latest News

SKILLED MIGRANT (RESIDENCE VISA) CATEGORY APPLICATIONS IN PRACTICE: Laurent Law Solicitor Dew James and Principal Simon Laurent discuss Skilled Migrant (Residence Visa) Category Applications. Remuneration thresholds are reviewed annually based on New Zealand’s income data, with the latest adjustment coming into effect on 26 November, they write. 

MORE DELAY TO NEW FIRE SERVICE LEVY REGIME: Bell Gully's David Friar, Partner, and Morgan Powell, Senior Associate, discuss the Fire and Emergency New Zealand (Levy) Amendment Bill which amends the Fire and Emergency New Zealand Act 2017. The Bill is now at the Select Committee stage. Submissions close on 21 December. 

Industry Developments

EMPLOYER 'UNNECESSARILY SEVERE' OVER BAG OF CHIPS THEFT: Lane Neave Solicitor Holly Struckman discusses the decision in Gillan v Birchleigh Management Services where the Employment Relations Authority found in favour of a former aged care worker who was sacked after she took a bag of chips designated for residents. 

GOVERNANCE STANDARDS OF CHARITIES IN AUSTRALIA, THE UNITED KINGDOM: Dr Michael Gousmett, Adjunct Fellow at The University of Canterbury and Independent Researcher and Public Historian at New Zealand Third Sector Enterprises, provides an overview of governance standards of charities in Australia and the United Kingdom, in the conclusion to his two-part series for Legalwise News

Ask An Expert

REMEMBER COMPLIANCE, PROCESS ADHERENCE IN RUSH TO YEAR'S END: Jodie Flowerday, a Policy Advisor working in the New Zealand tertiary sector, discusses how to stay on top of end-of-year compliance and process adherence, among your many other work commitments, before it's too late.

WHAT HAPPENS WHEN YOU OMIT A PERSON IN YOUR WILLL TO WHOM YOU OWE A LEGAL OBLIGATION? Cavell Leitch Partner Penny Henderson discusses the recent High Court decision in Waine v Tigg, which, she writes, shows that omitting certain people from your estate can open a can of worms for those left behind.



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