Dentons New Zealand

In this edition of the Employment Echo, we discuss an Employment Relations Authority determination that highlights the importance of ensuring employees are provided with all information relevant to a decision to dismiss. We also provide an update on the case law about whether a trust can be a ‘person’ for the purposes of the Health and Safety at Work Act and discuss proposed reforms to parental leave entitlements.

Read our latest edition here: https://zurl.co/c8o7

Are you enrolled in LAWS202 and LAW203 at Otago University? Do you have what it takes to tackle complex legal issues with sharp analysis? Then the Dentons Legal Opinion Competition is your chance to shine!

Form a team of 3-4 and dive into a fictitious case study, put your heads together, craft your winning solution, and present it to a panel of legal experts. It's as easy as that.

What’s in it for you?
💸 $2000 prize
✈️ Exclusive trip to Dentons Wellington office
🎯 A chance to interview for a Summer Clerkship in your penultimate year

Important Dates:
• Competition details released: Monday, 12 August 2024
• Expressions of interest close: Monday, 16 September 2024
• Written outlines due: Thursday, 19 September 2024
• Finals Day: Friday, 27 September 2024

Don’t miss your chance to kickstart your legal career with this incredible opportunity!

In Nguyen v Dinh [2024] NZHC 2358, the High Court has shown the reach of defamation law in New Zealand awarding a plaintiff a sizable NZ$780,000 in damages, shared between four defendants, as well as NZ$62,307 in costs over a series of posts on social media.

None of the defendants filed any documents or appeared to oppose the claim, although that does not mean the allegations were admitted. The decision is a reminder of the significant awards of damages which the Court can order in cases where a plaintiff’s reputation has been seriously injured.

To read more, click here: https://zurl.co/E7O1

Laressa Mills, Senior Associate and former Chair of The Infrastructure Collective, and Kaenan Ferguson, current Co-Chair of The Infrastructure Collective Auckland Chapter presented at Building Nations in Tāmaki Makaurau today about diversity in the infrastructure industry.

They discussed the impact of mentoring for young professionals in the infrastructure sector, and the difference mentors can have in career growth and success.

Dentons is proud to be the Diversity and Inclusion sponsor for Building Nations 2024, and we will be at the conference today gathering thoughts around Diversity and Inclusion in the infrastructure industry. We look forward to what day 2 will bring.

One of most significant topics in employment law in recent times has been the employee / contractor distinction. If a worker holds the status of an employee, they enjoy a suite of statutory minimum employment entitlements, such as the minimum wage, protected hours of work, a right to paid holidays, and rights not to be dismissed.

Contractors do not have any of these rights. In particular, determining whether a worker is an employee or a contractor has becoming increasingly difficult in the gig economy, where jobs are flexible, short-term and disjointed and often involve much more worker autonomy.

In this context, the Employment Court most recently held that four Uber drivers were employees, following an earlier decision examining the same legal framework which found that drivers were contractors.

To read more about the decision click here: https://zurl.co/ahvS

A key obligation on a listed company and its directors is to comply with the continuous disclosure regime contained in the Financial Markets Conduct Act 2013 (FMCA) and the NZX Listing Rules. Basically, any price sensitive information about the listed company must be immediately disclosed, unless certain (limited) exemptions apply.

Failure to comply with this obligation can be costly as Peter Harris, the former CBL Corporation Limited (CBL) managing director, discovered.

To read more, click here: https://zurl.co/2neD

A recent decision of the Court of Appeal provides important guidance to local authorities on the obligation to consider all reasonably practicable options when making decisions.

The Court found that the Wellington City Council (Council) followed an incorrect process in deciding to change parking spaces on Thorndon Quay. However, the Court did not set aside the Council’s decision, and the changes involved have continued.

To read more about the decision click here: https://zurl.co/t3DD

On 8 August 2024, Local Government Minister Simeon Brown and Commerce and Consumer Affairs Minister Andrew Bayly announced new details on the water service delivery models which will be available under the Government’s Local Water Done Well (LWDW) programme.

LWDW is the Coalition Government’s answer to Labour’s Three Waters reform. The first piece of legislation in the LWDW suite (Water Services Acts Repeal Act 2024) repealed Labour’s Three Waters legislation, while the second Bill (due to be passed imminently) establishes the preliminary arrangements for local government water services delivery.

Click the link to read more: https://zurl.co/cA2e

The fossilised 2012 Joint Ore Reserves Committee (‘JORC’) Public Reporting in Australasia of Exploration Targets, Exploration Results, Mineral Resources, and Ore Reserves (‘JORC Code’ or the ‘Code’) has undergone major revision in the proposed code (‘Draft Code’) released on 1 August 2024.

This article will detail the major changes in the Draft Code, which is now open for public submissions and is set to be released in 2025. The changes will impact the ore and mineral sectors in New Zealand and abroad.

To read more, click here: https://zurl.co/R5c0

The Commerce Commission (Commission) has issued new Enforcement Response Guidelines.
These replace the previous version, published in 2013, and reflect changes in how the Commission has approached enforcement over the last decade.

The Enforcement Response Guidelines outline what enforcement responses are available to the Commission, the factors taken into account when deciding which response to use, and its approach to enforcement action.

To learn more, click here: https://zurl.co/OfR9

State-sponsored cyber-attackers are emerging as one of the preeminent threats targeting not just individuals, but foreign organisations and governments. From espionage with the intent to steal trade secrets, to influencing elections worldwide, to military/national defence impacts – state-sponsored cyber-attacks are wide reaching and increasing. There is no doubt that information is becoming one of the hottest commodities that attackers can get their hands on – with our digital world being more connected than ever, a breach in one corner of the globe can send tidal waves across the world.

State sponsored cyber-attackers are continuously and rigorously trying to line up their crosshairs on governments, government agencies and their suppliers across the globe. What can New Zealand businesses do to protect themselves from a state-sponsored cyber-threat?

To find out more, click here: https://zurl.co/13ov

It was amazing to welcome our clients and colleagues at our Christchurch office opening on Wednesday! We are excited to bring our expertise and global reach to New Zealand's South Island.

The South Island has always been a key focus for the firm, and we are delighted to have a new home in Christchurch. This allows for us to better meet our client's needs, wherever they are in New Zealand and around the world.

Thank you to Westpac for letting us use their events space.

Adaptation is an integral component of our approach to addressing climate change, and according to He Pou a Rangi Climate Change Commission (the Commission), we are not doing it very well.

Released on 15 August 2024, the Commission’s report, National Adaptation Plan: Assessing progress on the implementation and effectiveness of the Government’s first national adaptation plan, evaluates New Zealand's progress in adapting to climate change, focusing on the implementation and effectiveness of the country's first National Adaptation Plan (NAP), released in 2022.

To read more, click the link: https://zurl.co/lRz6

The Grocery Supply Code is not long out of the gate, but the Commerce Commission has kicked off a review of the Code earlier than expected and is seeking industry feedback on its operation and effectiveness.

The Commission is required to complete a review of the Code within two years of it coming into force, which means a deadline of 28 September 2025. The Commission must then provide a report to the responsible Minister as soon as practicable after completing its review.

To read more, click here: https://zurl.co/6czJ

New Zealand’s strategic approach to work on Artificial Intelligence (‘AI’) has been outlined in a Cabinet Paper published on 26 June by the Minister of Science, Innovation and Technology, Judith Collins.

The Minister indicates the government’s appetite to support an “increased uptake of AI in New Zealand” to boost productivity and economic activity, and to deliver better public services; but makes clear that a standalone AI Act is not on the horizon.

To read more, click here: https://zurl.co/IFjC

A bill has been introduced to Parliament to extend timeframes to strengthen earthquake-prone buildings.

This Bill has a straightforward intention to provide some breathing room for building owners and territorial authorities, not only due to a cluster of upcoming deadlines but also to hit ‘pause’ while MBIE carries out a broader review of seismic risk management in New Zealand. We will keep you updated as we know more.

For now, you can read the article here: https://zurl.co/WCSi

In this edition of the Employment Echo, we look at Bowen v Bank of New Zealand relating to protected disclosures. We also discuss protecting the health and safety of workers who suffer threats and harassment in Wiles v The Vice-Chancellor of the University of Auckland.

Read our latest edition here: https://zurl.co/SQY5

As Justice Lang noted in the opening paragraph of the recent High Court decision of Barrett v Osborne, the decision involved “yet another sad story involving the breakdown of the relationship between siblings caused by an uneven distribution of assets following the death of their parents.”

The decision concerned a trust settled by Lothar Herzog and his wife Roswitha Herzog. They settled the trust in 1997 for the benefit of themselves and their two daughters, Sonja Herzog and Silke Herzog.

To read more about the case click here: https://zurl.co/w64V

The High Court has shone a light on the increased level of detail expected by the courts when parties set out their claims. This is important because it shows the attention to detail required both to bring a claim but also to respond to a claim when it is brought.

In the case of a large corporate or a government client, more will be required to set out exactly what the position is from the beginning or risk a costs award. The good news is that with proper business-as-usual document hygiene practices, and early meaningful engagement with expert evidence, this can be achieved easily and efficiently.

Read more here: https://zurl.co/xiUP

The recent English case of Langley v Qin1 concerned a socially isolated, extremely elderly bridegroom, undue influence on him by his new bride and the impact of the English intestacy and marriage rules. The unfortunate outcome of the case was much - discussed in the UK earlier this year. The result could also happen in New Zealand, as New Zealand law is similar to UK law in several key respects.

This article reviews the decision and considers the hypothetical outcomes if this fact pattern were to arise in New Zealand.

Read more here: https://zurl.co/Oujx

Complaints about New Zealand’s housing crisis have more recently been subsumed by concerns about the cost of living crisis. However, homelessness and social housing remain a focus for the Government, councils and communities.

In this article we look at recent social housing announcements, and also consider how initiatives relating to resource consents and compulsory land acquisition have the potential to assist provision of social housing.

Read the article here: https://zurl.co/cClN

Now the dust has settled on the FMA’s latest Statement of Intent it seems timely to look at where things are at with its outcomes-focused approach to regulation. It has been several months since the draft Fair outcomes for consumers and markets – A guide to outcomes-focused regulation dropped. After mixed reviews, the FMA has yet to confirm what happens next.

In this Financial Law Insight, we take a look at what we’ve heard from the FMA since consultation closed on the draft guidance and attempt to read the tea leaves on how things might play out. Will there be a fresh title, new tunes and shiny new packaging, or just a rehash of the original?

Read more here: https://zurl.co/I8zE

Incorporated societies have until 5 April 2026 to reregister under the new Incorporated Societies Act 2022.

It is taking on average around six months to complete the whole reregistration process, and we urge incorporated societies to overcome inertia and get the process underway to meet the mandatory requirements set out in the New Act.

Our Private Wealth experts have provided a summary of what the reregistration process looks like, and we look forward to assisting you in this process.

Read more here: https://zurl.co/x0mD

Congratulations to Sean Gourley, a Solicitor in the Major Projects and Construction team, who received first prize in the 2024 Society of Construction Law (SCL) Essay Prize Competition with his essay titled ‘How design, bid, build procurement undermines the use of digital replicas’. This prestigious award recognises Sean’s growing expertise in construction law and represents a significant achievement,

Sean received a cash prize and will have the opportunity to present his essay at various SCL Council meetings across New Zealand. The judges commended Sean on his essay, saying, "It was a well-researched and structured exploration of an interesting and current topic."

Well done, Sean!

In the local music world, it would be said with a mixture of awe and Kiwi pride that a local business had legitimately achieved world domination of their market.

But sometimes your success can also become your handicap, and for Serato the big payday of an acquisition has sadly been tripped by an adverse Commerce Commission decision.

Was ComCom right to block the Serato deal?

Click here to read more https://zurl.co/fgWm

Congratulations to Madison Dobie, our Senior Associate in the Major Projects and Construction team who has been elected by current members of the Society of Construction Law (SCL) New Zealand Council to represent them and their interests.

SCL promotes research and education in the field of construction law globally and provides a platform for professionals from various sectors of construction – including architects, engineers, surveyors, lawyers, arbitrators, contractors and developers.

As a member of the Council, Madison will be uniquely placed to affect member-driven change in the wider construction industry and will work alongside leading experts in construction law in New Zealand.

Dentons is proud to announce that our Private Wealth practice has retained Band 1 ranking and is the leading Private Wealth Law firm in the renowned Chambers and Partners High Net Worth (HNW) Guide for 2024. This recognition demonstrates the firm's unwavering commitment to excellence, exceptional client service, and unparalleled expertise in serving high net worth individuals and families.

As well as retaining the Band 1 ranking there have been some exciting accolades for our Dentons team. Sarah Wells has been named as an associate to watch as well as Silvia McPherson gaining Band 2 ranking in the Chambers and Partners High Net Worth Guide. Henry Brandts-Giesen has for another year retained his individual Band 1 ranking.

Click the link to read more - https://zurl.co/eJDo

One of if not the largest IT outages ever occurred last Friday, 19 July, when an update distributed by cybersecurity company CrowdStrike caused an estimated 8.5 million computers worldwide to crash, and left them unable to restart without manual intervention to apply a fix.

The outage affected businesses globally, including banks and airlines, causing significant disruption – lost sales, lost hours, and lost opportunities for those affected.

To read more about the outage and what you can do click the link https://zurl.co/qjYV

We also had Wellington Partner Campbell Featherstone quoted in the National Business Review which you can read here https://zurl.co/zZot

We are delighted to congratulate Wook Jin Lee on his recognition as one of New Zealand's Most Influential lawyers. Wook features in NZ Lawyer's Most Influential Lawyers List for 2024. Click here to read more https://zurl.co/yThL

There is no denying that climate change has arrived. On a day in early June it was 26 degrees in Hastings – in June (aka winter). New Zealand’s National Institute of Water and Atmosphere Research has recently suggested it is time to reassess what are our new climate ‘normal’ is. New Zealand should, of course, continue to take steps to slow global warming, rather than just give up. But now we need to adapt to the effects of climate change too.

Read more about how New Zealand's environmental consenting system can support adaptation of our infrastructure: https://zurl.co/DpRq