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Knowledge
Discretionary bonus schemes
Tuesday 21 December, 2021
A recent decision from the Court of Appeal has overturned an earlier Employment Court ruling on whether discretionary bonus payments are to be taken into account when calculating holiday entitlements. This reversal could have significant ramifications for employers offering, or wanting to offer, discretionary bonuses to staff.
New Sleepyhead development to go ahead
Tuesday 21 December, 2021
Tompkins Wake is proud to have assisted Waikato District Council in reaching agreement with Waikato Regional Council, Waka Kotahi and Ambury Properties Limited (APL) to allow the billion-dollar Sleepyhead development in Ōhinewai to go ahead, subject to final approval by the Environment Court.
Employers concerned about Covid sick leave, infection risks and random testing
Friday 17 December, 2021
Employers concerned about Covid infection risks, sick leave and business continuity as people return to work. As people return to work after the summer holidays, concerns are surfacing from employers about how to minimise Covid infection risk, manage sick leave and ensure business continuity in the event of a local outbreak.
Rise of the Townhouse
Thursday 16 December, 2021
Some of New Zealand's suburbs are likely very different in future, with new housing rules passed on 14 December that encourage the building of townhouses and apartments in residential areas. Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill introduces new intensification rules which apply to all residential land in Auckland, Hamilton, Tauranga, Wellington, and Christchurch.
Three Waters Proceeds
Tuesday 14 December, 2021
By now everyone will be familiar with the Government proposal, which involves the transfer of all council-owned water services to four water service entities to be owned, but not controlled, by the local authorities within their boundaries. The Three Waters Reform Programme is a response to what has been described as the mounting evidence of the challenges facing three waters service delivery nationally.
New COVID legislation makes it easier for employers to impose vaccinate mandates
Friday 3 December, 2021
On 26 November 2021, the COVID-19 Response (Vaccinations) Legislation Act 2021 (“the Act”) came into force, followed by the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 6) 2021 on 3 December 202 (“the Order”).
Is relief coming for large summer events?
Thursday 2 December, 2021
Last summer, New Zealand was the envy of the world, as we attended concerts, sporting events, and socialised freely without masks or social distancing. As New Zealand transitions to the new traffic light and COVID vaccination certificate system, the Government is hoping that this new system will allow New Zealanders to once again experience summer as usual, despite the presence of COVID in the community.
Tompkins Wake a triple winner at the 2021 NZ Law Awards
Friday 19 November, 2021
Tompkins Wake was named a triple winner at the 2021 New Zealand Law Awards, taking out two of the highly contested top awards, Mid-Size Law Firm of the Year and Employer of Choice. 2021 marks the third year in a row that Tompkins Wake has been recognised as Law Firm of the Year, and the second year in a row that the firm has been named Employer of Choice.
Tompkins Wake invests in leading governance consultancy
Thursday 18 November, 2021
Tompkins Wake has purchased a 50 per cent stake in Board Dynamics, enabling the duo to enhance its current offering to companies wanting professional expertise to protect their businesses during unprecedented times.
Can employers require employees to be vaccinated for commercial reasons?
Wednesday 17 November, 2021
This question is rapidly gaining relevance and growing in importance as an increasing number of businesses and private landowners alike are choosing to restrict access or limit business dealings to those who are fully vaccinated. The consequence can put employers with unvaccinated staff needing to access those sites in a tough spot.
New Property Partner and team support Tompkins Wake growth in Rotorua
Thursday 4 November, 2021
Tompkins Wake is pleased to welcome prominent Rotorua lawyer Catriona Gordon, as we continue to grow and expand our reach in Rotorua and across the wider Bay of Plenty. The lifestyle attraction driving population growth in Rotorua has been the impetus for Tompkins Wake’s business growth in the region of 30 percent over the last three years, according to its chief executive Jon Calder.
What does the new NZ-UK free trade agreement mean for IP?
Wednesday 3 November, 2021
On 21 October 2021, the Government announced that New Zealand and the United Kingdom had agreed in-principle agreement on a fair trade agreement (FTA), potentially worth up to NZ$1 billion to the New Zealand economy. As part of the FTA, New Zealand has agreed to make changes to its copyright laws.
No-access clause for all commercial leases
Friday 29 October, 2021
The Government passed the COVID-19 Response (Management Measures) Legislation Bill on 28 October 2021, which will amend the Property Law Act to imply a ‘no access’ clause into commercial leases which do not already provide for adjusted rent payment terms during an epidemic emergency.
Will new housing density rules result in greater financial contributions for developers?
Thursday 28 October, 2021
On 19 October 2021, the Government introduced the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill, a bipartisan Bill aimed at increasing residential housing density in Auckland, Hamilton, Tauranga, Wellington, and Christchurch.
Government widens vaccine mandate for employees
Wednesday 27 October, 2021
The Government has announced new legislation to provide greater clarity to employers about when they can mandate vaccines. This is essentially a new vaccine mandate which aligns with the COVID-19 Protection Framework (traffic light system) and requires the vaccination of all workers at businesses where customers need to show Covid-19 Vaccination Certificates, such as hospitality and close-contact businesses.
New planning process for housing intensification rules
Wednesday 27 October, 2021
On 19 October 2021, the Government introduced the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill (the Bill) which will require councils in Auckland, Hamilton, Tauranga, Wellington, and Christchurch to adopt medium-density residential standards (MDRS).
New NZ-UK free trade deal good news for exporters
Wednesday 27 October, 2021
The announcement on 21 October 2021 that New Zealand and the United Kingdom had agreed to an in-principle free trade agreement (FTA) is good news for New Zealand exporters and the New Zealand economy. Pre-COVID, the United Kingdom was New Zealand’s seventh-largest trading partner, with trade between the countries worth NZ$6 billion.
Covid, vaccinations, contracts and health & safety - who can I exclude from my workplace?
Friday 22 October, 2021
As New Zealand transitions from its elimination strategy to living with COVID-19, the Government is now focusing on vaccination as its primary strategy for managing COVID. With some professional services firms announcing that they will ban unvaccinated people from their offices, businesses around New Zealand are asking whether they have the power to do the same.
Will RMA changes help fix New Zealand's housing problem?
Wednesday 20 October, 2021
On 19 October 2021, in a rare show of unity, Labour and National announced new housing density rules aimed at increasing the number of houses in New Zealand by making it easier to build new houses. Government modelling suggests that the new rules could result in 48,200 to 105,500 new homes being built in the next five to eight years.
Tompkins Wake assists leading exporter in acquisition of NZ import business
Thursday 14 October, 2021
Tompkins Wake is pleased to have acted for IBC Japan and its subsidiary ATNZ 2000 Limited in the recent and successful acquisition of the business of Autoterminal NZ. IBC Japan is the world's leading exporter of used cars from Japan, Singapore, the UK, and Thailand and has been exporting used cars into New Zealand for over 30 years.
Can a COVID pass save summer?
Wednesday 6 October, 2021
Seven weeks into lockdown, the Government has abandoned its elimination strategy. New Zealand is now transitioning to living with COVID-19, and efforts will now focus on managing case numbers, particularly serious cases, while boosting vaccination rates. But with Auckland and Waikato at Alert Level 3 and the rest of the country at Level 2, what will a summer with COVID look like for New Zealand?
Tompkins Wake welcomes new Special Counsel
Monday 4 October, 2021
Tompkins Wake is delighted to welcome Linda O'Reilly, who joins us as Special Counsel with over 42 years’ experience in public law and public sector management. A highly experienced and well-respected practitioner with extensive knowledge in the Local Government Act, Linda is a principal author of the commentary on the LGA in Thomson Reuters’ Local Government Law in New Zealand and a frequent commentator on local government issues in her column in NZ Local...
Tompkins Wake announces new Partner appointment
Friday 1 October, 2021
Tompkins Wake is delighted to welcome Commercial and Civil litigation specialist Chen Jiang to the firm as a Partner effective 1 October 2021. Based in the firm's Auckland office, Chen joins the firm's Dispute Resolution and Litigation practice bringing with him a proven reputation as a lawyer with an unwavering focus on people and the law who draws on a wide body of knowledge to disentangle complex issues into clear and logical advice.
Compulsory rent reductions for COVID-19 affected businesses?
Wednesday 29 September, 2021
As New Zealand enters its 7th week since the outbreak of the COVID-19 Delta variant, businesses throughout the country, particularly in Auckland are struggling with the effects of Alert Level restrictions. Businesses using the 6th edition of the Auckland District Law Society (ADLS) commercial lease have a clause allowing for the parties to agree a “fair proportion” of rent and outgoings that should be abated during an emergency if they cannot access the pr...
Guidance on Development Contributions
Monday 13 September, 2021
New Zealand’s current housing shortage has demonstrated that New Zealand urgently needs to build more houses. However, new developments can create challenges for councils, as they need to put infrastructure in place to accommodate these new developments. The problem is exacerbated for greenfields developments, where there is no existing infrastructure at all. Councils fund development infrastructure through a variety of sources, including by requiring deve...
No jab no job?
Friday 10 September, 2021
Since 1 May 2021, the Government has required that certain front-line border workers be vaccinated. Workers who had not been vaccinated within the stipulated timeframe were no longer able to work in front-line positions. This has meant that, if there were no non-front-line positions available for unvaccinated workers to be redeployed into, some employers would be left with little option but to terminate their employment.
Tompkins Wake acts for Yabble on $3.2m bridge round
Thursday 9 September, 2021
Tompkins Wake is pleased to have acted for Yabble on its recent successful and over subscribed $3.2m bridge round, including strategy, structure and process. The round was led by Hillfarrance Venture Capital and completed by existing shareholders in Yabble.
Parenting Arrangements under Alert Level 2
Wednesday 8 September, 2021
The change to Alert Level 2, for those households outside of Auckland, has brought with it new guidelines on children transitioning between homes.
Fees to increase for Overseas Investors
Thursday 2 September, 2021
From 13 September 2021, overseas investors in ‘sensitive’ New Zealand land or businesses will face higher application fees. The Overseas Investment Office (OIO), which administers the Overseas Investment regime, is primarily funded through application fees.
Tompkins Wake multiple excellence awardee and finalist at the 2021 New Zealand Law Awards
Thursday 26 August, 2021
Tompkins Wake has been named as an excellence awardee and finalist in four categories in this year’s New Zealand Law Awards, including the coveted Mid-Size Law Firm of the Year and Employer of Choice along with two deal of the year nominations.
What you need to know about New Zealand's move to Alert Level 4
Thursday 19 August, 2021
Due to a community case of COVID-19, New Zealand moved from Alert Level 1 to Alert Level 4 at 11.59pm on 17 August 2021. There are now 10 confirmed cases, all the highly contagious Delta variant, and locations of interest date back 2 weeks. Initially, the lockdown was for at least 7 days for Auckland and the Coromandel, and at least 3 days for the rest of New Zealand, but the latest information means that we need to be prepared for a longer lockdown.
Tompkins Wake assists global tech entrepreneur in fund establishment
Tuesday 10 August, 2021
Tompkins Wake has assisted global tech entrepreneur Mark Bregman in the establishment of Quidnet Ventures, an early-stage New Zealand based fund to support innovative New Zealand companies and accelerate New Zealand's emergence as a global innovation powerhouse. The Tompkins Wake team led by Phil Taylor and Michael Shanahan with Fiona Ashby, and Ash Hebden created the establishment documents for the fund, designing the process for onboarding investors – ma...
When is annual leave not annual leave?
Wednesday 4 August, 2021
With the rise of remote working and so many people owning smart phones and laptops, the line between working and time off has blurred. It is increasingly common for employers to expect workers to be available during evenings, weekends, and while they are on leave. However, a recent Employment Court decision has raised the possibility that time spent working while on annual leave may not actually count as annual leave.
New rules and penalties for retentions regime
Wednesday 4 August, 2021
The Construction Contracts Act 2002 (CCA) was intended to significantly change the way that payments were made in the construction industry by encouraging regular and timely payments between the parties to a construction contract. In 2015, a retentions regime was introduced which applied to head contractors and subcontractors.
Employment and vaccination: has anything changed?
Wednesday 28 July, 2021
As the Delta variant spreads around the world, countries with access to COVID-19 vaccines are encouraging residents to get vaccinated as quickly as possible, in an effort to return to life as normal. However, some have significant numbers of vaccine hesitant people, which is impeding efforts to achieve full vaccination. Some country or state governments are imposing or allowing restrictions unvaccinated people to try and overcome this hesitancy.
Are councils obliged to provide a forum for unpopular views?
Thursday 22 July, 2021
Councils have been in the news recently in relation to their obligations under the New Zealand Bill of Rights Act 1990 (BORA). Around New Zealand, councils have been struggling to balance the rights of freedom of speech and freedom of assembly with their reluctance to provide controversial groups the opportunity to air their views in council facilities and public spaces.
Interpreting contracts - implied terms and prior negotiations
Friday 16 July, 2021
When people enter into a contract, they usually try to make the terms of the contract as clear as possible and anticipate any issues that might arise when carrying out the contract. Unfortunately, sometimes they overlook issues which becomes a problem further down the track, or circumstances change in ways that they did not anticipate. This can lead to disputes between the parties about the meaning of the contract.
Data rights coming for New Zealand consumers
Monday 12 July, 2021
A Consumer Data Right (CDR) encourages competition between suppliers of goods and services and makes it easier for consumers to compare products and services and switch between suppliers. On 5 July 2021, the Government confirmed that it will introduce legislation to establish a CDR framework in New Zealand.
Law firm leaving rivals in its Wake
Tuesday 6 July, 2021
There's "no prize in size" says Jon Calder, chief executive of one of New Zealand's fastest-growing law firms, Waikato's Tompkins Wake.
It's not that Calder, a non-lawyer named "managing partner of the year" in 2019 and 2020 at the NZ Law Awards, isn't proud of the firm's explosive growth in the past five years. He's just making the point it isn't "chasing a number" in the country's law firm hierarchy.
And given the firm marks its 100th year in the Waika...
First stage of RMA reform a step closer
Tuesday 6 July, 2021
The government is pushing forward on the reform of the Resource Management Act 1991 with the release of an exposure draft of the Natural and Built Environments (NBE) Bill, one of the three pieces of legislation that will replace the RMA, along with the Strategic Planning Act and the Climate Change Adaptation Act. The government is planning to pass the NBE Bill into law by the end of 2022, with the other legislation due to pass in 2023.
First stage of changes to work visa scheme revealed
Wednesday 30 June, 2021
First heralded in mid-2018, the wholesale change to the employer specific work visa scheme by Immigration has finally being revealed.
These changes wipe away six of the work visa options and create one all encompassing visa called an Accredited Employer Work Visa (or in Immigration New Zealand shorthand, an AEWV). Instead of one application being submitted that contains all the information necessary for a single migrant’s situation, the application is no...
Tompkins Wake CEO named Influential Changemaker
Wednesday 23 June, 2021
Congratulations to Tompkins Wake Chief Executive Jon Calder for being named as a Changemaker in the 2021 NZ Lawyer Influential Lawyers List. Jon has been leading the firm as Chief Executive since 2016, building on our strong foundations and success to guide the firm in its growth as a nationally recognised and leading law firm with Tompkins Wake being named New Zealand Mid-size Law Firm of the Year in 2019 and again in 2020.
Local council ordered to pay costs!
Monday 31 May, 2021
It is rare for the Environment Court to awards costs against a council, particularly when it has been acting in its regulatory role. However, the Court recently held that it was just and fair to award costs against Gisborne District Council because of missteps in the way it had approached an appeal to its review of the Gisborne Pistol Club’s resource consent conditions.
End of temporary notification regime for overseas investment
Monday 31 May, 2021
On 25 May 2021, the Government announced that it would replace the temporary notification regime for overseas investments, which had been introduced last year as part of its COVID-19 response. The temporary regime was intended to prevent New Zealand assets and businesses being snapped up while the economy was under pressure due to the pandemic.
Success for Synlait in the Supreme Court
Friday 28 May, 2021
In our June 2019 edition of Legal Brief, we commented on the then recently released Court of Appeal decision relating to the modification of land covenants on the site of Synlait Milk’s Pōkeno factory (the CA found against Synlait). And in our December 2019 edition of Legal Brief, we confirmed that the Supreme Court had granted Synlait leave to appeal the Court of Appeal’s decision.
When is a resource consent “granted"?
Friday 28 May, 2021
When the status of an activity changes from controlled to discretionary, or discretionary to non-complying, the date that a local authority granted resource consent can be important in determining existing use rights. In a recent High Court case, the Court had to decide whether a consent had begun on the date it was granted or on the day it commenced.
Tompkins Wake announces three senior promotions
Thursday 27 May, 2021
Tompkins Wake is pleased to announce the promotion of 3 legal specialists across our Auckland and Hamilton offices. Damandeep Sadhra, Jacinda May and Wendy Embling have been promoted to Senior Associate within our dispute resolution, commercial property and environmental and resource management practice areas.
Sick leave will increase from 5 days to 10 days
Tuesday 25 May, 2021
From late July 2021 to late July 2022, all New Zealand employees will see their sick leave entitlements increase from 5 days to 10 days each entitlement year. The changes have arisen out of the COVID-19 pandemic, which the Government believes has highlighted the need for employees to have adequate sick leave, to discourage “toughing it out” by coming into work when they are sick, and potentially infecting others.
Tompkins Wake assists Eden Park with SIX60 concert
Friday 14 May, 2021
Tompkins Wake was delighted to assist The Eden Park Trust with negotiations and drafting of the Venue Hire Agreement for the first-ever concert held at Eden Park. SIX60 performed to a sold-out crowd of 50,000 concert goers with Sir Dave Dobbyn as part of the support artist roster.
Opening a window on separation
Thursday 13 May, 2021
The recent news that Bill and Melinda Gates have decided to separate came as a shock to many people, as the high-profile philanthropic couple have been married for 27 years. However, this reflects a growing trend, both in New Zealand and internationally, towards later-in-life divorce. The stress of the COVID-19 pandemic and associated lockdowns has also put a strain on many relationships, leading to a spike in separations over the past year.
Privacy implications of employers asking for employees’ vaccination status
Tuesday 11 May, 2021
COVID-19 vaccinations are in the news again after several unvaccinated employees were made redundant because the Government’s COVID-19 Public Health Response (Vaccinations) Order 2021 had come into effect. The Order requires that all work carried out in MIQ settings is to be carried out by vaccinated workers. The customs workers had chosen not to be vaccinated and their employer did not have any available redeployment options to roles which did not require...
ADLS Lease No Access Provisions and Covid-19
Tuesday 4 May, 2021
During Covid-19 related lockdowns in 2020, the no-access provision in the Auckland District Law Society (ADLS) deed of lease (clause 27.5) gained lots of media attention. Lawyers, landlords and tenants debated whether Covid-19 was an emergency to which clause 27.5 applied – the common response was that yes, it was. A recent High Court decision supports that view.
Employers of migrants beware - communication is vital
Monday 3 May, 2021
There is often an uneasy relationship between employment law and Immigration law when it comes to employing migrants on work visas tied to a specific employer. These visas are generally granted on the basis that there are no New Zealand citizens or residents available to fill the role. The visa is issued for anywhere between 12 months and 3 years and cannot be extended or renewed.
Will the bright-line test changes affect separating couples?
Thursday 29 April, 2021
There has been a lot of publicity recently regarding the extension of the bright-line test from 5 years to 10 years. The bright-line test applies to all residential property, other than the main dwelling. If a property is sold within 10 years of acquisition, any capital gain is taxable. So when parties separate, the bright-line test does not apply to the main family home, but it will apply to any investment properties or a holiday home.
What is the future for local government?
Tuesday 27 April, 2021
On 23 April 2021, the Government announced an independent review of local government to see whether current roles and functions are fit for purpose. Current government work programmes, such as the resource management reform and three water reforms, are changing the way local government functions. The review will focus on how local government needs to evolve and change over the next 30 years to meet future challenges and to improve the wellbeing of communit...
Making a counteroffer: what to know before you sign on the dotted line
Thursday 22 April, 2021
When buying or selling a property, price negotiations are very common, especially in New Zealand’s currently overheated housing market. A recent High Court case is a useful lesson in why you should never put your signature on an offer if you are not willing to follow through, even if you do not think that the offer will be accepted.
Compulsory climate-related financial disclosure a step closer for NZ business
Tuesday 20 April, 2021
New Zealand is now a step closer to becoming the first country in the world to make climate-related risk reporting compulsory for the financial sector. On 15 April 2021, the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill passed its first reading in Parliament. The Bill will amend the Financial Markets Conduct Act 2013, the Financial Reporting Act 2013, and the Public Audit Act 2001.
Who owns copyright in a photo?
Monday 19 April, 2021
A high-profile reality TV family have been in the news recently due to their attempts to remove an unfiltered photo of Khloe from the Internet. The photo presents a more natural appearance of Khloe than the photos she usually posts to her social media pages.
What does the bubble mean for trans-Tasman parenting arrangements?
Wednesday 14 April, 2021
New Zealanders and Australians alike have welcomed the announcement of a trans-Tasman bubble starting from 19 April 2021, but the news may cause complications for separated couples who are parenting across the Tasman. It is not uncommon for one parent to live in New Zealand, with day-to-day care of the children, and the other parent to live in Australia, with the children travelling to visit them during school holidays, or vice versa.
Cartel Conduct now a criminal offence in New Zealand
Monday 12 April, 2021
Businesses talking formally or informally to their competitors need to take care, as engaging in cartel conduct is now a criminal offence. From 8 April 2021, the Commerce (Criminalisation of Cartels) Amendment Act 2019 comes into effect, and an individual who deliberately engages in cartel conduct commits a criminal offence.
Bright-line test extended to 10 years
Wednesday 31 March, 2021
On 23 March 2021, the Government announced its intention to extend the bright-line test for tax on the disposal of residential land to 10 years. The Taxation (Annual Rates for 2020-21, Feasibility Expenditure, and Remedial Matters) Bill received Royal Assent on 30 March 2021 and the new extended 10-year period applies from 27 March 2021.
Is Generic.com no longer generic?
Monday 29 March, 2021
Choosing a brand name for your company, or for your products or services can be difficult. The purpose of a brand is to serve as an ‘origin identifier’, to differentiate yourself from your competitors. Often traders choose generic brand names. A generic brand name is one that is commonly used to describe the actual product or service or some other characteristics.
Changes for property investors in the Government's new housing policy
Friday 19 March, 2021
New rules for property investors will take effect from 27 March 2021 as part of the Government’s shake-up of housing policy. The changes are designed to tilt the balance back in favour of first home buyers and to discourage property speculation.
Office expansions, recruitment drive, awards: law firm's growth trajectory continues
Wednesday 10 March, 2021
Jon Calder was watching the livestream of the NZ Law Awards in his Hamilton East home in December, gin in hand. The year prior Tompkins Wake had been named the mid-size Law Firm of the Year and Jon had taken out Managing Partner (Chief Executive) of the Year in the Under 100 Lawyers category.
Tompkins Wake new naming rights sponsor for prestigious Rotorua Business Awards
Wednesday 10 March, 2021
Tompkins Wake is thrilled to be the new naming rights sponsor for the Rotorua Business Awards, which celebrate innovation, growth and creativity in the region’s business sector. Tompkins Wake’s four-year sponsorship extends beyond naming rights; the firm will partner with Chamber to deliver services and benefits to the Rotorua business community, and has a crucial role to play in terms of its contribution to the awards judging process.
Are assets only safe until death do us part?
Monday 22 February, 2021
Nearly 40% of marriages and civil unions in New Zealand each year are remarriages. Second, or even third, marriages and de facto relationships are becoming increasingly common, many involving children from previous relationships. Couples embarking on subsequent or later in life relationships are more likely to enter into contracting out agreements to give themselves certainty around division of assets in the event of a separation.
Government confirms commitment to reform the resource management system
Monday 15 February, 2021
The Government confirmed on 10 February 2021 that it will repeal the Resource Management Act 1991 during the current parliamentary term and replace it with new laws in order to simplify planning processes and reduce the time and cost to obtain resource consent. The new laws are proposed to improve the natural environment, enable more development within environmental limits, provide an effective role for Maori, and improve housing supply and affordability.
Buying or selling a business: new Purchase Price Allocation rules from 1 April 2021
Friday 12 February, 2021
Are you planning on buying or selling a business? The IRD has changed the rules around how the purchase price is allocated to business assets to avoid buyers and sellers “gaming the system”. Different asset allocations have different tax consequences. When selling land and buildings or a business, how the purchase price is allocated between the business assets will have different tax implications for the buyer and seller.
Privacy scrutiny for residential landlords
Friday 5 February, 2021
Do you have a residential investment property? What information do you collect from prospective tenants? The Privacy Commissioner is going to focus on how landlords and property managers are collecting, retaining, and disclosing personal information from prospective tenants out of concern that privacy boundaries are being breached during the tenant selection process and when information about “bad” tenants is shared publicly
A New Year and a new Free Trade Agreement
Thursday 4 February, 2021
New Zealand and China inked an upgrade to their 12-year-old Free Trade Agreement on 26 January 2021. While still needing Parliamentary approval, the upgraded FTA provides significant scope and opportunity for New Zealand to build on the $32 billion in annual trade between the two countries and will support New Zealand’s Trade Recovery Strategy.
Tompkins Wake forms new regional partnership with The Icehouse
Thursday 4 February, 2021
Tompkins Wake are thrilled to announce a regional partnership for the Waikato and Bay of Plenty with The Icehouse, that specialises in business capability building programmes, workshops and coaching & advisory services.
A matter of trust: are you ready?
Monday 1 February, 2021
The new Trusts Act 2019, came into force on 31 January 2021. The new Act makes some significant changes to current trust law, and everyone who is involved with a Trust (Trustees, settlors and beneficiaries) needs to know and understand the new legislation and its implications.
Compulsory COVID vaccines for employees?
Thursday 28 January, 2021
As the COVID-19 pandemic worsens due to new South African, UK and Brazilian variants, and a vaccine becomes accessible, employers across the globe are asking whether they can require employees to be vaccinated against COVID-19.
Christmas Closedown Confusion
Thursday 17 December, 2020
As the holiday season approaches, we have recently been receiving a lot of questions from employers about how to correctly manage closedown periods for their staff who are not yet entitled to paid annual holidays at the time of the closedown. Employees become entitled to four weeks of paid annual holidays once they have worked for the employer for 12 months. So, if the closedown rolls around before they have had a chance to complete their first 12 months ...
New top tax rate brings unexpected reporting requirements for trusts
Wednesday 16 December, 2020
Many of New Zealand’s estimated 300,000 to 500,000 trusts are facing increased reporting requirements as a result of the recent increase in the top tax rate. In early December 2020, the Government passed legislation increasing the top personal tax rate to 39% from 1 April 2021. The new rate applies to all income earned over $180,000.
When should a property seller consult the buyer?
Thursday 10 December, 2020
Have you ever been in the position of selling a property that has, or is going to have, tenants in it? If the tenant wants to make changes to the lease or assign it before settlement, you might have to consult the purchaser before you agree to anything.
Term Sheet for Convertible Note Financing
Thursday 10 December, 2020
Hillfarrance Venture Capital and Tompkins Wake are passionate about helping New Zealand startups. As a Christmas present to the New Zealand early stage startup market, we're making this customisable Term Sheet available free of charge. Handcrafted by Tompkins Wake and Hillfarrance Venture Capital, New Zealand’s fastest growing Venture Capital Fund.
Changes are coming for employers
Tuesday 24 November, 2020
Jacinda Ardern and the Labour Party have won an outright majority in Parliament, unprecedented since the introduction of MMP in 1996. The incoming Labour Government has entered into a Co-operation Agreement with the Green Party but will not be subject to the constraints of a coalition agreement, unlike many MMP Governments. Accordingly, it seems likely that the new Government will enact the law changes indicated before and during its election campaign. In ...
Anyone for a Big Jack?
Tuesday 27 October, 2020
Many New Zealanders have heard of Hungry Jack’s, an Australian fast food franchise owned by the Burger King Corporation. The menu on offer is similar to Burger King in New Zealand, but Hungry Jack’s recently started offering two new burgers: a ‘Big Jack’ and a ‘Mega Jack’. Perhaps unsurprisingly, this caught the attention of McDonald’s, who claimed that this infringed on its ‘Big Mac’ trade mark.
Is "copyright for losers"?
Tuesday 27 October, 2020
It is according to Banksy, the anonymous England-based graffiti artist, film director and political activist. However, a recent EU trade mark decision cancelling the trade mark Banksy held over one of his images may have changed his mind. Now all 14 of his trade marks may be at risk.
Is your trust safe?
Tuesday 20 October, 2020
Do you have a trust? Did your spouse automatically become a beneficiary when you got married? Or have you thought about adding a new spouse as a discretionary beneficiary? Have you acquired property through your trust instead of personally? If so, your trust property may be at risk of relationship property claims.
Timely reminder about directors' duties to creditors
Thursday 1 October, 2020
In the current economic climate, company directors should always be conscious of their company’s financial position and be ready to make hard decisions if it looks unable to pay its debts. Directors owe duties to the company’s creditors not to continue to trade if the company is insolvent and can be made to pay compensation if they breach this duty. The latest Supreme Court decision examines in more detail the limits of this duty.
Risks of overdrawn current accounts
Monday 21 September, 2020
Shareholder current accounts are an easy and convenient way to manage and record drawings by shareholders from the company and injections of capital into the company. Some shareholders who work in their company prefer to take drawings though their current account rather than a regular salary. However, in the current economic climate, current accounts can pose a significant risk if they become overdrawn.
Will resource consent be needed to operate an Airbnb?
Monday 21 September, 2020
Homeowners renting out homes on Airbnb or similar platforms in Christchurch will have to apply for resource consent if proposed changes to the District Plan announced by Christchurch City Council go ahead. The change doesn’t affect people renting out a room, only visitor accommodation where the host of the property isn’t in residence.
Changes to overseas investment rules post COVID-19 - Emergency Notification Regime
Tuesday 1 September, 2020
Businesses hoping for foreign investment to help them survive after the COVID-19 lockdown need to be aware of the proposed changes to the Overseas Investment Act. The Government is making urgent changes to the Act to ensure that overseas investment in sensitive New Zealand businesses is in New Zealand’s ‘best interests’, while those businesses are vulnerable due to the COVID-19 related downturn. This mirrors action taken by many overseas governments, inclu...
Is your business struggling following lockdown, requiring you to make redundancies?
Tuesday 1 September, 2020
As New Zealand exits the COVID-19 national lockdown and takes steps towards normality, many businesses are finding that “business as usual” is a long way off. They are faced with needing to make changes in order to adjust to a very different business environment. Many will have reopened after a time of extreme financial hardship and a complete operational shutdown, to find that revenue falls well short of the pre-lockdown forecast, demand has fallen away, ...
Big changes coming for residential landlords
Tuesday 1 September, 2020
Upcoming amendments to the Residential Tenancies Act mean big changes for residential landlords. The changes are intended to provide more security and stability for tenants and help them to feel more secure in their rental property.
Is pay equity on the horizon?
Tuesday 1 September, 2020
Does your business operate in an industry that has traditionally been female dominated? You might be affected by new equal pay legislation. The Equal Pay Amendment Act will come into force in late October 2020. It will allow workers to make a pay equity claim using the existing bargaining framework instead of having to go to court.
Tompkins Wake promotes Intellectual Property specialist to partner
Monday 31 August, 2020
Intellectual Property specialist Shelley Slade-Gully has been promoted to join the Tompkins Wake partnership.
All about control for New Zealand Venture Capital 2.0?
Monday 31 August, 2020
One of the great things about my role is the brilliant, inspirational and courageous entrepreneurs I get to meet. Recently, I was talking to one such person about their vision, and how the time had now arrived to push the boat out and follow the dream. I was inspired by his passion, self belief and clarity of thinking. An interesting perspective he had though was while he knew he could lead and drive the vision, he appreciated he could not do it on his own...
COVID-19 lockdown decisions return to haunt employers
Wednesday 26 August, 2020
Employers in New Zealand will be familiar with the hard decisions that many had to make during and after the COVID-19 lockdown. Faced with up to 100% reductions in revenue, and with wage subsidies not covering the full cost of salaries and wages, many employers reduced their employees’ hours or rates of pay. Unfortunately, in the rush to prepare for Alert Level 4, a number of employers overlooked that employment law prevented them from making changes to em...
COVID-19 turmoil for employers again
Wednesday 26 August, 2020
As Auckland shifts to Alert Level 3, and the rest of the country returns to Level 2, everyone in New Zealand is anxiously watching to see whether, and how quickly, this latest outbreak can be brought under control. Employers, especially in Auckland, will once again be faced with difficult decisions about whether and how they can continue to operate under COVID-19 restrictions. This is especially so for businesses such as hospitality, which rely on customer...
Lowndes team set to join Tompkins Wake
Wednesday 5 August, 2020
Tompkins Wake will welcome three of the team from Lowndes on 1 September 2020. Lowndes founder Mark Lowndes, Director Kerri Dewe, and Associate Reuben Payne will join Tompkins Wake’s Auckland office. Lowndes, an experienced corporate and commercial lawyer, said he and his colleagues were excited about merging their practice into Tompkins Wake.
Tompkins Wake named as an employer of choice
Wednesday 22 July, 2020
Leading law firm, Tompkins Wake has been named as a top workplace in the NZ Lawyer Employer of Choice 2020 list. The list recognises legal employers across the country who go beyond industry standards with policies and initiatives to provide their people with a safe and engaging working environment.
Building Act changes announced by Government
Thursday 16 July, 2020
On 24 May, the Minister announced a new package of exemptions that will be added to the Building Act 2004 which will allow more types of low risk building work to occur without the necessity of a building consent. It is hoped that the exemptions will stimulate the construction sector, allowing it to focus on larger projects which will provide more jobs and assist New Zealand’s recovery from COVID-19.
Important Changes to New Zealand's Privacy Laws
Monday 13 July, 2020
New Zealand privacy laws are set to change on 1 December 2020 under the new Privacy Act 2020. To prepare for 1 December, all businesses should start reviewing and updating their privacy policy and data protection practices to ensure they meet the requirements under the new Privacy Act.
The Hillfarrance Scout Fund
Monday 13 July, 2020
Rob called with yet another initiative. “I’m going to launch a Scout Fund in New Zealand” he said. Well that sounds interesting. We have heard a bit about Scouts down here in New Zealand, but Scouts are a dark murky world in Silicon Valley. While aware of Sequoia’s initiative, do you really need to have a Scout program in New Zealand to find the deals? After all a Founder could probably phone around the whole of the New Zealand angel investment community ...
Firing ex-wife costs husband $70,000
Thursday 2 July, 2020
It is not uncommon during a relationship for a spouse or de facto partner to take a salary from a family business even though they don’t actually work in the business. If couple separates, the spouse or de facto partner who owns the company may be able to stop the salary without breaching employment obligations, although there can be relationship property implications.
What happens when relationship debts are greater than relationship assets?
Monday 29 June, 2020
It is not uncommon in a relationship for one partner to incur debts without the knowledge or consent of the other, or for one partner to have sole responsibility for a debt incurred for the benefit of both parties. Debts are classified as either relationship debts or separate debts under the Property (Relationships) Act 1976. A debt is generally considered relationship debt when it is incurred for the benefit of the relationship or relationship property po...
Utilising the COVID-19 wage subsidy extension
Tuesday 16 June, 2020
Despite New Zealand's triumph over COVID-19, victory is bittersweet for New Zealand's hardest-hit businesses. Although applications for the original wage subsidy scheme closed on 9 June 2020, from 10 June 2020 further support is available to the worst-hit businesses in the form of the wage subsidy extension (the “extension”), which will remain open for applications until 1 September 2020.
Stay at home Mum receives more than 50% of the property pool
Monday 15 June, 2020
When one party in a relationship is likely to have significantly higher income and living standards after separation, the courts can order them to compensate the other party out of their share of relationship property if the disparity is due to the different roles that the parties took on during their relationship.
Can trust powers be relationship property and when debts can be divided?
Monday 15 June, 2020
In 2016, the Supreme Court held that powers to manage a trust can be relationship property in certain circumstances. If the trust deed essentially gives one party the right to allocate all the assets under the trust to themselves, unhindered by the normal fiduciary duties placed on trustees, those powers are properly classified as rights which give that party an interest in the trust and its assets.
Penalty clauses and public policy
Monday 8 June, 2020
Sometimes when parties enter into a contract, they anticipate that one of them might not fulfil their contractual obligations. Instead of seeking a remedy from the courts, they choose to agree in advance what the consequences of breaching the contract will be and insert those consequences into a clause in the contract.
Farmers and growers preparing for a new Environmental Freshwater Standard
Friday 5 June, 2020
The Government’s new Action for healthy waterways package will impose proactive obligations on farmers and growers to prevent further degradation of New Zealand’s waterways. The Package, announced on 28 May, includes a proposed new National Policy Statement for Freshwater Management, National Environment Standard for Freshwater and Regulations for stock exclusion. These will place significant compliance obligations on agricultural and horticultural industr...
Fair rent reduction for all commercial leases?
Thursday 4 June, 2020
In a new scheme announced on Thursday, all commercial landlords will now have to allow a reduction in rental where the tenant has suffered a loss of revenue due to COVID-19 and has fewer than 20 fulltime employees. The Government is temporarily amending the Property Law Act to insert a clause in all commercial leases requiring a fair reduction in rent where a business has suffered a loss of revenue due to COVID-19, even if the lease doesn’t contain a rent ...
Is your business struggling to recover following lockdown, requiring you to make redundancies?
Wednesday 3 June, 2020
As New Zealand exits the COVID-19 national lockdown and takes steps towards normality, many businesses are finding that “business as usual” is a long way off. They are faced with needing to make changes in order to adjust to a very different business environment. Many will have reopened after a time of extreme financial hardship and a complete operational shutdown, to find that revenue falls well short of the pre-lockdown forecast, demand has fallen away, ...
Changes to overseas investment rules post COVID-19 - Emergency Notification Regime
Thursday 28 May, 2020
Businesses hoping for foreign investment to help them survive after the COVID-19 lockdown need to be aware of the proposed changes to the Overseas Investment Act. The Government is making urgent changes to the Act to ensure that overseas investment in sensitive New Zealand businesses is in New Zealand’s ‘best interests’, while those businesses are vulnerable due to the COVID-19 related downturn. This mirrors action taken by many overseas governments, inclu...
Changes to overseas investment rules post COVID-19 - Emergency Notification Regime
Thursday 28 May, 2020
Businesses hoping for foreign investment to help them survive after the COVID-19 lockdown need to be aware of the proposed changes to the Overseas Investment Act. The Government is making urgent changes to the Act to ensure that overseas investment in sensitive New Zealand businesses is in New Zealand’s ‘best interests’, while those businesses are vulnerable due to the COVID-19 related downturn. This mirrors action taken by many overseas governments, inclu...
Cryptocurrency is property
Wednesday 20 May, 2020
Do you own cryptocurrency? Bitcoins, released in 2009, were the first decentralised cryptocurrency and since then over 6000 other types of cryptocurrencies have been created. After the value of bitcoins skyrocketed from $998 in January 2017 to $19,783 in December 2017, some New Zealanders started trading in cryptocurrency, including through New Zealand-based cryptocurrency firm Cryptopia Limited.
Rich, family-like culture the backbone of Tompkins Wake's COVID-19 response
Wednesday 20 May, 2020
The day New Zealand went into lockdown was the day junior solicitor Josh Nyika had been scheduled to spend working at home. March 25 was meant to have been his ‘test day’, to ensure his technology and systems at home all worked well should the time come for the Tompkins Wake team to be sent into lockdown.
Rich, family-like culture the backbone of Tompkins Wake's COVID-19 response
Monday 18 May, 2020
The day New Zealand went into lockdown was the day junior solicitor Josh Nyika had been scheduled to spend working at home. March 25 was meant to have been his ‘test day’, to ensure his technology and systems at home all worked well should the time come for the Tompkins Wake team to be sent into lockdown.
Commercial leases at Level 2
Thursday 14 May, 2020
Many businesses will be breathing a sigh of relief that New Zealand has officially moved to Alert Level 2. Businesses will be trying hard to get back to business as usual as fast as possible. Most businesses, except bars, will now be able to operate to some extent, but many businesses will still face restrictions on how they can operate, and these restrictions may prevent income levels recovering to pre-lockdown levels.
Latest appointments mark 150% growth for Tompkins Wake's Auckland team
Tuesday 12 May, 2020
Tompkins Wake’s Auckland office has this month been bolstered by five new team members, including a new partner. Partner Zandra Wackenier has joined Tompkins Wake along with two members of her team that previously worked with her at Wynyard Wood.
Business Debt Hibernation regime
Monday 11 May, 2020
The Government has released the COVID-19 Response (Further Management Measures) Legislation Bill. This article is part two of two and comments on the second proposed amendment to the Companies Act 1993 - the “business debt hibernation” regime to allow companies and other entities to enter into agreements with their creditors in relation to existing debt. The provisions of the Bill are subject to change prior to enactment.
Safe Harbour for Directors
Friday 8 May, 2020
The Government has released the COVID-19 Response (Further Management Measures) Legislation Bill. This article is part one of two and comments on the first proposed amendment to the Companies Act 1993 - the safe harbour for insolvency-related director's duties. The provisions of the Bill are subject to change prior to enactment.
Farmers' Moving Day still on
Monday 4 May, 2020
Farmers around New Zealand were relieved to find out that ‘Moving Day’ on 1 June can still go ahead, regardless of the alert level. Every year on 1 June, hundreds of sharemilkers and their families move their cows and equipment to new farms. It’s also the day that many farm workers start their new job, if they are changing employers.
COVID-19 fast-track consenting process
Monday 4 May, 2020
As part of the COVID-19 rebuild plan, the Government plans to introduce the COVID-19 Recovery (Fast Track Consenting) Bill which will provide an accelerated consenting process that will fast track eligible development and infrastructure projects that can boost employment and economic recovery.
Breaking up is hard to do, even after lockdown has ended
Monday 4 May, 2020
The risks posed by COVID-19, and the associated Government action, have created an unprecedented situation in New Zealand. As we emerge from lockdown, we are seeing an increase in enquiries around separations and relationship breakdowns. For many, the situation has been complicated by the fact that we have only just emerged from lockdown.
Tompkins Wake again recognised for commitment to innovation
Friday 1 May, 2020
Tompkins Wake has been recognised as being at the forefront of innovation in law for the second year in a row. Tompkins Wake is one of 17 law firms across the country recognised as being at the forefront of innovation by NZ Lawyer.
Obtaining the wage subsidy "just in case"
Wednesday 29 April, 2020
Over the past weeks, over $10 billion has been paid to businesses under the COVID-19 Wage Subsidy Scheme (Scheme), with over 1.6 million employees’ income supported. Questions have started to arise about the type of businesses accessing the scheme, and the ability of the government to claw back payments if a business’s circumstances have changed, and they no longer need the subsidy.
The truth about the relaxation of work visa conditions
Friday 24 April, 2020
As part of its management of the Covid19 pandemic, Immigration New Zealand have relaxed the conditions associated with work and student visas for some specific industries and situations. This has caused some confusion amongst migrant workers and employers, with some believing that anyone with a work visa tied to an employer can enjoy these relaxed conditions.
Limited business activities allowed to prepare for Alert Level 3
Thursday 23 April, 2020
While we remain in Alert Level 4 until 11.59pm, Monday 27 April, the Ministy of Business, Innovation and Employment have released details of a variation to the COVID-19 rules, meaning some limited workplace activities are permitted this week (20-27 April) and weekend (25-27 April).
Employment issues during COVID-19 lockdown
Wednesday 22 April, 2020
New Zealand's move to COVID-19 Alert Level three at 11.59pm on Monday, 27 April 2020 will see the nation transition from essential services only, to safe business operations. Our employment team discusses the potential issues employers may face with safe working, working from home, compromised employment terms, "at risk" workers and annual holiday entitlements.
COVID-19 Annual Holiday Impact
Wednesday 22 April, 2020
We have been receiving a lot of questions from employers and employees about the effects that a reduced income and/or wage subsidy will have on annual holiday entitlements. The answer, in short, is – it depends. An employee becomes entitled to four weeks’ annual holidays at the completion of 12 months employment, and at the completion of each subsequent 12 months.
What does Alert Level 3 mean for your business?
Monday 20 April, 2020
The Government has released details of what Alert Level 3 will look like and we will find out today whether the Alert Level will reduce this week. However, Alert Level 3 doesn’t mean we’ll be back to business as usual. Find out what it means for your business here.
Government Support Package for SMEs
Wednesday 15 April, 2020
The Government announced its package designed to support SMEs through the COVID-19 pandemic. Businesses who have seen a significant decrease in turnover will be interested in the tax loss carry-back scheme which will allow businesses to offset forecast losses for the current financial year against net profits for the previous financial year and gain refunds on their provisional tax.
Gypsy Day and COVID-19
Thursday 9 April, 2020
31 May/1 June is known as Gypsy Day amongst New Zealand’s dairy farmers. It signals the movement of stock, contract (including share) milkers and farm workers around New Zealand’s dairy farms. Currently the country is in lockdown at Level 4. If that is extended, Gypsy Day could be seriously affected raising the question - can Gypsy Day proceed?
COVID-19 Essential Workers Leave Support
Tuesday 7 April, 2020
As part of its wider Economic Relief Package, the government announced on 17 March 2020, a wage subsidy available to businesses impacted by COVID-19 and a leave payment available to employees unwell with COVID-19, required to self-isolate, or caring for a dependent unwell with COVID-19 or required to self-isolate.
Trans-Tasman debt recovery and COVID-19
Monday 6 April, 2020
COVID-19 is already causing cashflow difficulties for some companies. Australia, like many countries, has recently made changes to its corporate insolvency laws in order to help businesses survive until the economy starts to recover.
Corporate Insolvency and Directors' Duties Changes
Monday 6 April, 2020
Due to the impact of COVID-19 and the lockdown, some businesses are already facing cashflow difficulties. Many countries have already made changes to their corporate insolvency laws in order to help businesses survive until the economy starts to recover.
COVID-19 and care arrangements
Wednesday 1 April, 2020
We are back in an Alert Level 4 lockdown! Separated families are again considering how that will affect their shared care and contact arrangements. Under the current COVID-19 Order, there is an exemption to the 'stay-at-home' requirement, that allows parents and caregivers to leave home to facilitate children's care and contact arrangements in certain circumstances.
Immigration and COVID-19 Chatbot
Friday 27 March, 2020
The international restrictions imposed in order to try and contain COVID-19 have led to unprecedented immigration issues. Our new immigration chatbot will help you work out how New Zealand’s border closures affect you and what you need to do about it.
COVID-19 Employment Considerations
Friday 27 March, 2020
As you will be aware, the government recently announced that New Zealand has entered level three of our COVID-19 alert system, and that level four will be put in place from 11:59pm on Wednesday, 25 March 2020. We are expected to remain at level four for at least four weeks.
COVID-19 and Commercial Leases
Wednesday 25 March, 2020
As of midnight on Wednesday, 25 March, an unprecedented number of New Zealand businesses will not be able to gain access to their business premises due to Government restrictions to prevent the spread of COVID-19. If their lease is on the current (sixth) edition of the Auckland District Law Society (ADLS) form of lease, it is likely to contain a “no access” clause allowing for a reduction in rent where there is an emergency and the tenant can’t gain access...
Director's Duties - Reckless Trading
Wednesday 25 March, 2020
There is huge uncertainty in the current environment due to the impact of Covid19 and the unprecedented Level 4 ‘lockdown’ affecting businesses. Many companies will be facing cashflow difficulties and, unless they can source additional capital, directors will be in the difficult position of having to assess whether to continue to trade in circumstances where the company may not be able to pay all creditors when due.
Collaboration within the Commerce Sector in response to COVID-19
Wednesday 25 March, 2020
The Government has requested the Commerce Commission to be flexible around essential business collaboration in the short term due to the exceptional circumstances created by COVID-19.
The Commerce Act 1986 prohibits anti-competitive agreements between competitors, however, as a result of COVID-19, essential business sectors may work together...
Preparing for Alert Level 4
Monday 23 March, 2020
New Zealand businesses are facing unprecedented restrictions as the country prepares to move to Alert Level 4. Our new chatbot will help you work out what this means for your business.
Tompkins Wake - Working from home
Monday 23 March, 2020
Following the Prime Minister's announcement on Saturday 21 March, which moved New Zealand to Alert Level 2 and the subsequent move to Alert Level 4 Tompkins Wake has mobilised our remote working plan, and our offices are closed. The entire firm is now working remotely and is fully operational to continue to serve our clients needs.
Employers' Obligations & COVID-19 Chatbot
Thursday 19 March, 2020
Many employers are struggling with the effects of COVID-19, whether its disruptions to staffing levels, struggling to pay staff due to the economic downturn, or wondering how to meet their health and safety obligations around COVID-19. Our new employment chatbot will help you work out if you’re eligible for the Government’s wage subsidy or leave payments, and look at the health and safety preparations that you have made for COVID-19.
COVID-19 Chatbot - Force Majeure Check
Monday 16 March, 2020
As country after country closes its borders or shuts down, businesses are starting to feel the effects of coronavirus and some may find themselves unable to meet their contractual obligations. All businesses affected by coronavirus should be reviewing their contracts to see if they have a ’force majeure’ clause that covers them for these effects. Our new coronavirus legal bot can help
Is Coronavirus impacting your business?
Monday 16 March, 2020
Three months have passed since the outbreak of the Coronavirus (COVID-19) was first reported in Wuhan, China. Following the significant growth of confirmed cases outside China, most recently in Italy, South Korea and Iran, the World Health Organization (WHO) has advised that the world should do more to be prepared for a possible Coronavirus pandemic.
Frustration in the time of COVID-19
Monday 16 March, 2020
As country after country closes its borders or shuts down all non-essential businesses, the effects of coronavirus are really starting to be felt. Some businesses may find themselves unable to meet their contractual obligations, whether because of shortages of labour or materials, movement restrictions, or downturns in their business.
What is a trade mark?
Wednesday 11 March, 2020
Do you know the difference between this symbol ® and this symbol ™? The ® indicates a registered trade mark, which means that the holder of the trade mark has the exclusive right to use that trade mark in relation to nominated categories of goods and/or services in New Zealand. The ™ indicates an unregistered trade mark, which only has limited legal protection in New Zealand.
Could companies be liable to the public for the harm caused by their emissions?
Tuesday 10 March, 2020
The High Court says that it’s arguable. In a recent decision, it dismissed the possibility that corporate emitters were committing a public nuisance or were liable for negligence but refused to strike out an argument that there was a new duty relating to climate change emissions.
Changes to the Fair Trading Act
Thursday 27 February, 2020
Late last year, the Government introduced a Bill to amend the Fair Trading Act 1986. The purpose of this Bill is to protect consumers and small businesses from ‘unfair’ commercial practices.
There are three key changes proposed, read the full article to find out what they are.
Tompkins Wake appoints five new lawyers
Thursday 27 February, 2020
Tompkins Wake has added five new lawyers across three of their four offices, further bolstering the firm’s capability across a broad range of legal sectors. Senior Solicitors Jasmine Findlater and Michelle Urquhart will be based in the Rotorua office, Solicitor Charlotte Lunt, and Associate Wendy Embling in Hamilton, and Senior Associate Juliet Short in Auckland.
Agricultural Emissions: Farm plans and measuring emissions
Monday 17 February, 2020
This is the second article in our series of three relating to the proposed changes to the Emissions Trading Scheme. The first article outlined the main changes; this article focuses on agricultural emissions.
Tompkins Wake a rising star in Legal 500 rankings
Friday 31 January, 2020
A raft of rankings in the Asia Pacific Legal 500 is yet another feather in Tompkins Wake’s cap. The Hamilton-based law firm gained rankings in six practice areas in The Legal 500 rankings (up on two the year prior) and now has 16 recommended lawyers – seven more than last year. And, it is the only law firm in the Waikato and Bay of Plenty to be ranked in The Legal 500 Asia Pacific this year.
What to do if an employee is damaging your business
Thursday 30 January, 2020
There’s been a lot in the news recently about the brand damage that the Royal Family has suffered through recent actions by some of its members. The fact that those damaging the brand are family members makes it harder to take decisive action. But what can a business do if an employee damages its brand?
A battle Royal over Registration
Thursday 23 January, 2020
The Guardian has reported that Harry and Meghan are facing a potential legal battle over their brand ‘Sussex Royal’ after someone else lodged an application with the EU Intellectual Property Office to trade mark a range of goods, including alcohol, beer and luggage under ‘Sussex Royal’. If you haven’t protected your brand, it can come as a huge shock to have someone else register a trade mark that you have been using, and then object to you using it.
Climate Change Response (Emissions Trading Reform) Amendment Bill
Wednesday 22 January, 2020
Submissions have recently closed on another Bill amending the Climate Change Response Act. The Climate Change Response (Emissions Trading Reform) Amendment Bill seeks to reduce greenhouse gas emissions by making changes to the Emissions Trading Scheme, as well as improving the operation of New Zealand’s emissions trading scheme (ETS).
Tompkins Wake announces new Partner appointment
Friday 20 December, 2019
Tompkins Wake is pleased to announce the promotion of Philip Monahan to Partner. The senior corporate lawyer joined Tompkins Wake in 2012 after working in London for magic circle firm, Baker & Mckenzie. Highly experienced in advising domestic and international clients on complex transactions, he is also the driving force behind Tompkins Wake's SME project AdviSME, the automated and AI powered legal solution for New Zealand’s small-medium businesses, that l...
Better protections for contractors
Thursday 19 December, 2019
Businesses might find themselves in the position of having to prove their workers are contractors, not employees, under a new set of proposals released by the Ministry of Business, Innovation and Employment (“MBIE”). MBIE has released a discussion document seeking feedback on a range of options to improve the rights of contractors and address the vulnerability that some contractors face in the workplace.
Record fine for privacy breaches
Thursday 19 December, 2019
A German company has recently been fined €14.5 million for breaching the General Data Protection Regulation (GDPR), the highest-ever GDPR fine imposed on a German company. The GDPR is the core of Europe’s digital privacy legislation, not only covering information like names, addresses and photos, but also IP addresses and genetic and biometric data. Under the GDPR, organisations must ensure that personal data is gathered legally, and under strict conditi...
Equal sharing to stay for now
Monday 16 December, 2019
In July 2019, the Law Commission recommended ending equal sharing of the family home if one partner had owned the property before the relationship began. The Commission also recommended giving courts greater powers to access and divide trust property and the introduction of new Family Income Sharing Arrangements.
Will climate-related financial disclosures be compulsory for NZ businesses?
Monday 2 December, 2019
MBIE has released a discussion document for consultation on whether NZ businesses should be subject to mandatory reporting of climate-related information and seeking information on the cost to businesses of introducing mandatory reporting.
Minimum wage obligations and how to meet them
Tuesday 26 November, 2019
Did you know that employers are obliged to pay salaried employees at least the minimum wage for every hour that they work? Many employers think that they can average hours worked to comply with minimum wage legislation, but the courts have expressly stated that this is unacceptable.
Part 4: Trusts Act 2019: Removal of Trustees
Wednesday 20 November, 2019
More and more New Zealand trusts are facing problems due to trustees losing mental capacity from dementia or other age-related issues. At the moment, if a trustee loses capacity, they cannot retire as a trustee. They have to be removed by the person who has the power to appoint and remove trustees of the trust.
Part 3: Trusts Act 2019: Beneficiaries' rights to information
Wednesday 20 November, 2019
The new Trusts Act clarifies and codifies beneficiaries’ rights to certain trust information to help beneficiaries make sure that the trustees are complying with their duties and the terms of the trust.
Lime Scooters - a new option
Thursday 10 October, 2019
The recent introduction of Lime Scooters to New Zealand’s major cities has presented people with the option to glide quickly and effortlessly across the CBD on an electric scooter. People on a Lime Scooter do not waste precious minutes searching for a carpark or spend money on parking.
Part 2: Trusts Act 2019: Trustees' duties
Thursday 10 October, 2019
Last week we explored the purpose of the new Trust Act 2019 and some of the administrative changes that are being made to trusts in New Zealand. This week, we are looking at one of the most important aspects of the new Act: the changes to trustees’ duties.
Part 1: Trusts Act 2019
Thursday 10 October, 2019
Trustees, settlors and beneficiaries should all be aware that there is a new Trusts Act 2019, which comes into force on 31 January 2021. The new Act makes some significant changes to current trust law, and everyone who is involved with a Trust needs to know the new legislation.
How can you identify the subject of an anonymous defamatory statement?
Thursday 10 October, 2019
A recent Privy Council decision considered whether a defamatory statement that did not identify anyone can be read together with a later statement that identified a person but was not defamatory. The Court decided that, in certain circumstances, you can join the two statements together as grounds for an action in defamation.
Draft National Policy Statement for Highly Productive Land
Thursday 3 October, 2019
The Ministry for the Environment and the Ministry for Primary Industries are currently seeking consultation on a proposed National Policy Statement for Highly Productive Land (“NPS-HPL”).
Submissions on the proposed NPS on Highly Productive Land close on 10 October 2019.
Tompkins Wake a quadruple finalist in the 2019 NZ Law Awards
Wednesday 2 October, 2019
Tompkins Wake has been shortlisted for four awards at the 2019 New Zealand Law Awards, one more than last year and three more than 2016.
And the firm has been a finalist in ‘Deal of the year’ categories for four years running.
Draft National Policy Statement for Urban Development
Tuesday 1 October, 2019
The Ministry for the Environment and the Ministry of Housing and Urban Development are currently consulting on a proposed National Policy Statement ("NPS-UDC") on Urban Development. Submissions close 10 October 2019.
Draft National Policy Statement for Freshwater Management 2019 for consultation
Tuesday 1 October, 2019
The Ministry for the Environment and the Ministry for Primary Industries have released a draft proposed National Policy Statement ("NPS") for Freshwater Management for consultation. Submissions close on 17 October 2019.
Withdrawing Charges under the RMA
Thursday 29 August, 2019
The District Court recently refused to grant Canterbury Regional Council (“Regional Council”) leave to withdraw charges under the RMA against a defendant. In the case in question, the Regional Council alleged that Bathurst Coal had discharged sediment-laden water onto land which resulted in contaminants entering the Bush Gully Stream.
Resource Management Act Review
Wednesday 28 August, 2019
On 24 July 2019, David Parker, Minister for the Environment announced that the Government is establishing an expert advisory group to undertake a wide review of the RMA, including how it interrelates with transport, climate change and local government laws. The group will provide an ‘options and issues’ paper seeking feedback by the end of October 2019, and a final report to the Minister by the end of May 2020 with proposed draft legislative changes.
Consultation is not a "referendum"
Wednesday 28 August, 2019
The High Court has confirmed that the Local Government Act 2002 (”LGA”) does not give a participant in a particular process the right to have input into a Council’s consultation material, nor does it oblige a Council to accept the preference of the majority of submitters in respect of a LGA process.
Climate Change Response (Zero Carbon) Amendment Bill
Wednesday 28 August, 2019
Submissions on the Climate Change Bill have now closed, with the Select Committee report due on 21 October 2019. This Bill will amend the Climate Change Response Act 2002. The purpose of the Bill is to provide a framework for New Zealand to develop and implement climate change policies to comply with the Paris Agreement to limit the global average temperature increase to 1.5°C above pre-industrial levels.
Stage Two of the Reserve Bank Act Review
Wednesday 28 August, 2019
Consultation has opened on the second stage of the Reserve Bank Act review and submissions close on 16 August 2019. This stage of the review is a wide-ranging review of the Reserve Bank’s financial stability role and governance arrangements.
Tompkins Wake a proud sponsor of influential infrastructure symposium
Wednesday 21 August, 2019
Tompkins Wake is proud to be a sponsor of Infrastructure New Zealand’s annual Building Nations Symposium which kicks off in Rotorua today.
It is the country’s largest infrastructure conference with more than 700 delegates attending over three days.
Resource Management Act Review
Friday 2 August, 2019
The Minister for the Environment has announced the establishment of an expert advisory group to undertake a wide review of the RMA, including how it interrelates with transport, climate change and local government laws. The group will provide an ‘options and issues’ paper seeking feedback by the end of October 2019, and a final report by the end of May 2020 with proposed draft legislative changes.
The key objectives are…
Businesses can't remove bad reviews
Thursday 1 August, 2019
The Commerce Commission has filed charges under the Fair Trading Act against holiday rental management and booking company Bachcare. The Commission alleges that Bachcare did not publish reviews if consumers had given fewer than 3.5 out of 5 stars and removed negative comments from some reviews before putting them on its website. The Commission believes that this created misleadingly positive impressions of some properties.
Traders are not legally oblige...
Australian defamation decision raises risk for public Facebook pages
Thursday 1 August, 2019
A recent Australian judgment has found several media companies liable for defamation after members of the public posted defamatory comments on the companies’ public Facebook pages. The Court thought that it was significant that the media companies had the ability to delay publication of comments until after they had reviewed them.
In this article, we examine the judgment and discuss whether it could apply in New Zealand…
Is this the end of equal sharing?
Wednesday 31 July, 2019
The Law Commission released a report on relationship property rules on 23 July 2019. The most significant recommendation suggests ending the equal division of the family home when the home was owned by one partner before the relationship or was received by one partner as a gift or inheritance during the relationship.
The Law Commission also recommends introducing income sharing arrangement, so that partners will continue to share their income for up to...
Why have a dress code?
Friday 28 June, 2019
Wardrobe choices can affect how customers or clients perceive you or your employees. Clothing choice can also improve performance at work and increase respect from others. How employees present is part of a company’s brand and businesses should consider whether their dress code policy is consistent with the brand they want to portray.
There are many studies which demonstrate a link between how we dress and how others perceive us. Studies have shown th...
Availability Provisions Clarified
Thursday 13 June, 2019
A recent decision of the Employment Court has clarified the reach of availability provisions. This decision has an impact for all employers who require their employees to be available to work overtime. The case of Postal Workers Union of Aotearoa Inc v New Zealand Post Limited [2019] NZEmpC 47, considered the question of whether a clause in the employment agreement requiring employees to perform extra hours of work in addition to their standard hours (ov...
Quarry covenants affecting Synlait's new Pokeno dairy factory
Thursday 13 June, 2019
The Court of Appeal has recently delivered a decision on land covenants restricting land use, which affects the land Synlait has constructed its new $250 million Pokeno dairy plant on. The Court of Appeal has ruled that the land covenants be reinstated, meaning the plant has been constructed in breach of covenants restricting the use of the land in a way that prevents its use for a dairy factory.
Consultation obligations for Outsourcing contracts
Thursday 13 June, 2019
We have been involved in several recent instances in which a local authority planned to outsource its water and/or wastewater operations. Local authorities are prohibited from selling their relevant assets unless it is to another local authority or CCO, so these arrangements typically take the form of long term operations contracts.
Local authority requiring monetary contributions on designations
Thursday 6 June, 2019
The Environment Court in Tauranga City Council v Minister of Education [2019] NZEnvC 32 has confirmed that a local authority has the power to recommend, and that the Environment Court has the power to impose, conditions requiring monetary contributions on designations in circumstances where the requiring authority has not offered such conditions on an Augier basis. This clarifies the position that the application of the general principles of section 108 of...
What timely legal advice could have avoided
Thursday 6 June, 2019
The benefit of timely (and early) legal advice on council notification decisions in contentious resource consent applications has been highlighted in the recent High Court decision in Royal Forest and Bird Protection Society of New Zealand Inc v Northland Regional Council & Resin and Wax Ltd [2019] NZHC 449 [15 March 2019] (Resin & Wax Decision).
Employment Law Changes
Friday 31 May, 2019
The introduction of the Labour government has seen a recent shake up to employment legislation. Many of the changes are a restoration of standards and protections for employees as well as being intended to promote and strengthen collective bargaining and union rights in the workplace.
The changes came in two waves, with the second set of changes taking effect on 6 May 2019. The changes likely to have the greatest impact on employees and employers ali...
Waikato Innovation Park - a relationship based on trust and understanding
Friday 17 May, 2019
As the chief executive of Waikato Innovation Park, Stuart Gordon lives and breathes agritech, ICT and smart protein. It’s a sector experiencing rapid change and growth so it’s imperative, says Stuart, that his organisation is supported by those who understand the market, and the challenges and opportunities it presents.
“That’s where Tompkins Wake is invaluable in the service they provide,” Stuart said.
AdviSME launch set to disrupt legal SME industry
Thursday 9 May, 2019
AdviSME is the brainchild of Tompkins Wake. It uses automation and AI to provide innovative and affordable legal solutions for SMEs. Small-medium business needs to be nimble and agile, requiring responsive legal services with certainty and surety on cost and quality.
Tompkins Wake recognised for its commitment to innovation
Wednesday 8 May, 2019
Tompkins Wake has been named as one of 15 New Zealand law firms recognised as being at the forefront of innovation by NZ Lawyer.
The publication made the announcement this week, acknowledging firms that it deemed “not afraid to embrace change and drive the legal profession forward”. After a strategy refresh in 2016, Tompkins Wake embarked on program of continuous improvement and innovation. Now considered part of the firm’s ‘business as usual’, innovati...
Tompkins Wake announces the promotion of legal specialists
Tuesday 7 May, 2019
Tompkins Wake is pleased to announce the promotion of two legal specialists across its Hamilton and Rotorua offices.
Becky Brown is now a senior associate, and Christine Gavin has been promoted to associate.
Tompkins Wake and Chiefs Rugby - a great partnership on and off the field
Wednesday 17 April, 2019
Tompkins Wake is more than a proud sponsor of the Chiefs – they have become part of the rugby franchise’s family.
These two high performing teams have been working together since 2013 when then-board chair Dallas Fisher brought Tompkins Wake on board to assist the franchise to become a limited partnership.
Tompkins Wake welcomes new partner
Wednesday 17 April, 2019
Tompkins Wake has welcomed Michael Shanahan to the firm's partnership, with the experienced corporate lawyer joining their Auckland office.
Senior litigator promoted to Special Counsel
Wednesday 17 April, 2019
Simon’s promotion to Special Counsel reflects the very high standard that his legal skills and knowledge have attained and his commitment to delivering excellent service to his clients, including his internal clients
Tompkins Wake awarded Rainbow Tick
Friday 12 April, 2019
Tompkins Wake is the first Waikato law firm to be awarded the Rainbow Tick – a programme designed to help an organisation ensure it’s a safe and welcoming workplace for all its employees.
Privacy Bill: Select Committee Report
Thursday 4 April, 2019
Almost a year after the Privacy Bill was first introduced, the Select Committee has provided its much awaited report. The Select Committee has made some significant changes to the Bill, including additional changes to the Privacy Principles and clarifications around the transfer of personal information offshore.
Bella Vista: MBIE Report highlights failure to perform statutory functions
Friday 29 March, 2019
MBIE has released a report of its review of Tauranga City Council’s (“Council”) performance of its functions under the Building Act 2004 with respect to the Bella Vista development. It concludes that there were a number of reasons for the Council’s failure to perform its regulatory functions.
High Court strikes out a judicial review for trade competition
Tuesday 19 March, 2019
Sheffield Properties Ltd (“Sheffield”), with interests within the Paraparaumu Town Centre, sought judicial review of the decision by Kapiti Coast District Council (“the Council”) to approve Private Plan Change 84 - Airport Zone (“PC84”).
Government establishes new Infrastructure Commission
Tuesday 19 March, 2019
The Minister for Infrastructure, Shane Jones, has announced the establishment of a new independent infrastructure body, the New Zealand Infrastructure Commission, ‘Te Waihanga’.
Council's statutory demand upheld
Tuesday 19 March, 2019
The High Court has declined to set aside a council’s statutory demand for a $415,493.45 debt for development contribution levy. The case is reassuring for local authorities.
Court of Appeal guidance on obligation to pay rates
Tuesday 19 March, 2019
The Rogans were unhappy about having to pay substantially increased rates because of a major cost overruns in the construction of a wastewater treatment plant in Kaipara District. At the time, they refused to pay rates. Later, they offered to pay the outstanding rates but not penalties. They said that the rates assessments and invoices did not comply with the statutory requirements. Kaipara District Council took recovery proceedings.
Court sends warning on poorly drafted consent conditions
Tuesday 19 March, 2019
The Environment Court recently issued strong warnings that poorly framed conditions could impact the Court’s decision-making. Those warnings went unanswered by the Applicant which resulted in the release of an interim decision only.
Tompkins Wake CE calls on others to commit to Gender Equality Charter
Monday 18 March, 2019
Tompkins Wake chief executive Jon Calder is calling on other Waikato law firms to support the Law Society’s Gender Equality Charter. At an Institute of Directors lunch earlier this month, Calder spoke about his firm’s commitment to the Charter and the work it is doing to meet the Charter requirements – and issued a challenge.
A glimpse into the Personal Property Securities Register
Thursday 14 March, 2019
The use of credit is an essential part of commercial transactions and is made easier by, and usually dependent on, the debtor’s ability to provide security for the credit. Security interests over personal property (for example, plant and equipment, trucks, trailers and tractors, stock in trade, accounts receivable and the like) are granted on a daily basis in New Zealand. The rules relating to these security interests are set out in the Personal Property ...
Case highlights risk of assuming a director has authority to contract
Wednesday 13 March, 2019
It is common practice for a director to sign documents on behalf of the company. A recent case serves as a reminder that it cannot be assumed, unless the company only has one director, that a contract signed by a single director is enforceable against the company.
Can a trustee use trust funds for litigation costs?
Tuesday 5 March, 2019
Trustees are generally entitled to reimbursement for costs properly incurred in the administration of a trust. There are however limitations to that principle, particularly in respect of litigation costs. This issue was addressed in the recent Court of Appeal decision of Pratley v Courtney (2018) CA40/2018 NZCA 436, which concerned an appeal against a decision of the High Court.
Press Release: Two-step RMA reform to start by fixing the government's blunders
Wednesday 28 November, 2018
A two stage process to improve the resource management system was announced today [9 November 2018] by Environment Minister David Parker. The changes are separate from the legislation to set up an Urban Development Authority to fast-track housing and urban development projects. “The Resource Management Act is underperforming in some critical areas and needs fixing,” David Parker said.
Email quarantine: getting it right
Tuesday 27 November, 2018
Councils, like other employers, have obligations to protect their employees from harm. Quarantining abusive or offensive emails is one method of doing so. However, Councils must tread carefully.
Chief Ombudsman upholds Auckland Council's restrictions on stadium reports
Tuesday 27 November, 2018
Two Auckland councillors complained to the Ombudsman about lack of access to two “pre-feasibility” reports on the proposed national stadium in Auckland. Councillors were provided unredacted copies on the basis that the reports were not copied, that they were kept in a secure location, and that they were returned to the mayor’s office once the councillors had read them. The Ombudsman has upheld the Council’s decision to impose these conditions.
The Government's Three Waters Review
Tuesday 27 November, 2018
The ripple effects of the Havelock North water crisis continue to make themselves felt. The government’s three waters review has resulted in a November 2018 cabinet paper that lays out the regulatory pathway that the government will pursue. Over the 2019 year this comprises detailed policy proposals for...
Recent decision on "affected persons" highlights the importance of context
Tuesday 27 November, 2018
In Ennor v Auckland Council [2018] NZHC 2598, Whata J adopted the threshold test for an “affected person” under s 95E of the Resource Management Act 1991 (“RMA”) and addressed the importance of context in notification decisions. The Court considered an application for judicial review of the Council’s decision to grant a neighbours’ resource consent to extend the rear of their house and install a pool.
Land Transfer Act 2017
Tuesday 27 November, 2018
The Land Transfer Act 2017 came into force on 12 November 2018. It is a significant rewrite of important Property Law legislation – but what impact does it have on local authorities? There is a lot of new terminology. The Act introduces the concept of a Record of Title which replaces what was previously referred to as a Certificate of Title or, since the introduction of Landonline, a Computer Register.
Tompkins Wake celebrates CEO of the Year at business awards
Monday 5 November, 2018
Law firm Tompkins Wake’s chief executive Jon Calder was named CEO of the Year at the prestigious Westpac Waikato Business Awards on Friday night.
Jon took up the role at the Hamilton-headquartered firm in January 2016. Prior to that he was chief executive of the New Zealand National Fieldays and Mystery Creek Events Centre. Tompkins Wake is the largest law firm in the North Island outside of Auckland and Wellington.
Deemed Directors and nervous employees
Thursday 11 October, 2018
The law requires the business and affairs of a company to be managed by, or under the direction or supervision of, the board of directors (“Board”). The Board can delegate some of those management powers to employees, but where employees exercise management powers (whether properly delegated or not) there is a risk that they may be personally exposed to the liabilities of a company director, even where they have not been appointed a director and might nev...
Are you dating or in a de facto relationship?
Friday 28 September, 2018
One issue that commonly arises is whether a couple are in a de facto relationship. The reason why this is so important, is that the equal sharing rules of relationship property law apply to de facto relationships of 3 years or more. It also applies to de facto relationships under 3 years, where there is a child and other factors are met.
Court of Appeal Decision in R J Davidson Family Trust
Tuesday 25 September, 2018
The much-anticipated Court of Appeal decision on an appeal from the High Court on the question of whether a consent authority can, or should, have recourse to Part 2 of the Resource Management Act 1991 (“RMA”), when considering resource consent applications under section 104 of the RMA.
The role of Councils in the 'foreign buyer ban'
Monday 24 September, 2018
Councils should ensure that a property’s “property category” is included in the searchable property information available on their websites.
Environment Court's Annual Review 2017
Monday 24 September, 2018
The Environment Court has just released its fourth Annual Review, covering the Court's activities in the 2017 calendar year. This article provides a snapshot of the Annual Review.
High Court finds Council liable in negligence for damage from fallen tree
Monday 24 September, 2018
The High Court has held that the Queenstown Lakes District Council (“Council”) breached its duty of care to Plaza Investments Ltd (“Plaza”) by failing to prevent a rotting 30-metre-tall Lombardy poplar tree in a Council-owned park from falling onto Plaza’s motel. Council was found liable for the amount required to repair Plaza’s property.
Court of Appeal recognises new public interest defence to defamation claims
Friday 21 September, 2018
In our ‘Defamation Update’ on 15 September 2017, we discussed the High Court decision in Durie v Gardiner [2017] NZHC 377, [2017] 3 NZLR 72 which recognised that a new defence for “responsible communication on matters of public interest” could apply in New Zealand.
The Court of Appeal has now issued its decision (Durie v Gardiner [2018] NZCA 278) recognising this new defence.
Court confirms penalty bands under the Health and Safety at Work Act
Friday 21 September, 2018
When the Health and Safety at Work Act (HSWA) came into force in 2016, the penalties for offences were increased six-fold. We have been waiting for some time for guidance from the High Court as to the sentencing approach and culpability bands under the new legislation to understand just how much bigger the penalties imposed on Persons Conducting a Business or Undertaking (PCBU) will be in practice.
Tompkins Wake triple finalist in the 2018 New Zealand Law Awards
Wednesday 19 September, 2018
Tompkins Wake has been shortlisted for three awards at the 2018 New Zealand Law Awards, recognising the firm's continued excellence and reputation.
Art award winner epitomises contemporary
Wednesday 8 August, 2018
The winning work from the 2018 National Contemporary Art Award sponsored by Tompkins Wake, is the epitome of contemporary, featuring a structure and appearance that will continue to change with time, along with its meaning.
You and Me. The Weight of History by Rotorua’s Sarah Ziessen was revealed as the major prize winner at the awards ceremony and exhibition opening at Waikato Museum Te Whare Taonga o Waikato.
Tompkins Wake introduces three new lawyers
Tuesday 31 July, 2018
Tompkins Wake has appointed three new lawyers as the firm continues to strengthen and grow across its three offices. Chief Executive, Jon Calder, says the firm’s growth, driven by client demand is also underpinned by its ability to continually attract top talent.
Tompkins Wake strengthens Rotorua team
Tuesday 31 July, 2018
Tompkins Wake has strengthened its Rotorua based team with two new lawyers appointed since May to join Partner Kate Sullivan as new faces for the firm in Rotorua.
Bella Vista learnings
Monday 16 July, 2018
The Hon Paul Heath QC’s review of Tauranga City Council’s (TCC) assessments, decisions and monitoring of the land use, subdivision and building consents for 21 properties in the Bella Vista subdivision is essential reading for any council officer working with the Resource Management Act 1991 (RMA) and the Building Act 2004 (BA).
Supreme Court upholds councils' power to fluoridate water
Tuesday 3 July, 2018
On 27 June 2018 the Supreme Court issued a judgment which is of significance to councils across the country.
In 2012 South Taranaki District Council decided to fluoridate the drinking water supply for Patea and Waverley. Both towns had high levels of dental decay. Anti-fluoride group New Health New Zealand Inc brought unsuccessful claims in the High Court. It then appealed to the Court of Appeal which issued judgments affirming the legality of fluoridati...
Should Councillors see Council reports?
Tuesday 3 July, 2018
The answer will almost always be “yes”, but Auckland Mayor Phil Goff has had reservations. The report in question cost Auckland Council almost $1 million and relates to the proposed national stadium, which could cost $1.5 billion.
New RMA Compliance Oversight Unit and best practice guidelines
Tuesday 3 July, 2018
A new unit is to be established to oversee compliance with the Resource Management Act 1991 (‘RMA’).
New process for calculating court-awarded interest
Tuesday 3 July, 2018
A new process for calculating Court-awarded interest on debt and compensation claims came into force on 1 January 2018 that more fairly compensates creditors and has potential application to Public Works Act acquisitions.
Tompkins Wake appoints two new Partners
Monday 2 July, 2018
Leading New Zealand law firm Tompkins Wake continues to genuinely build diversity within its culture with the appointment of its two latest partners.
Court upholds sensible approach to local authority works on private property
Thursday 28 June, 2018
Local authorities have a power to construct works on private property under s 181 of the Local Government Act 2002 with the consent of the owner or after following the process in Schedule 12. The High Court recently ruled that local authorities must only give notice and follow the process under s 181 and Schedule 12 once; the process need not re-start if the property changes hands.
High Court guidance on HASHAA
Thursday 3 May, 2018
A very recent High Court decision on the Housing Accords and Special Housing Areas Act 2013 (HASHAA) provides valuable guidance to councils with established special housing areas (SHAs) or in the midst of discussions with the Minister to establish SHAs.
New guidance on publicly available official information
Thursday 3 May, 2018
The Ombudsman has recently released a useful guide relating to the power not to provide official information that is or soon will be publicly available.
Environment report highlights serious land issues
Wednesday 2 May, 2018
A new comprehensive report on the state of land in New Zealand has been published by the Ministry for the Environment and Statistics NZ. Our Land 2018 is the first land specific report produced under the Environmental Reporting Act 2015.
New Local Government Bills
Monday 30 April, 2018
The Local Government (Community Wellbeings) Amendment Bill has passed its first reading and has been referred to select committee.
Caselaw Update
Thursday 8 March, 2018
Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council [2017] NZSC 190
Must Councils accept an assertion that a person is ‘suitably qualified'?
Wednesday 7 March, 2018
The issue was considered in the recent Environment Court case David Mulholland Consulting Engineer Ltd v Whanganui District Council [2018] NZEnvC 10.
Alert: Ombudsman's warning to Local Government
Tuesday 6 March, 2018
Ombudsman Peter Boshier has recently hit out at local government, saying that councils are not meeting their LGOIMA obligations and seem to resent being held accountable.
Ombudsman disturbs confidential settlement agreement
Tuesday 6 March, 2018
The Ombudsman has required that Whanganui District Council reveal some details of a supposedly commercial settlement.
Proposed Employment Law Changes
Tuesday 6 March, 2018
The Labour-led Government has recently announced the first round of the employment law reforms that it promised pre-election. Although changes were expected, the exact nature and extent of those changes had previously been unknown.
Briefing to the Incoming Minister for Local Government
Tuesday 6 March, 2018
The Department of Internal Affairs prepared a single BIM for the new Minister for Local Government ...
Briefing to the Incoming Minister for the Environment
Tuesday 6 March, 2018
MfE prepared two BIMs, one on the environment portfolio generally and one specifically relevant to water issues.
Employment law reforms announced
Wednesday 20 December, 2017
The Labour-led coalition Government has recently announced the first round of the employment law reforms that it promised pre-election. Although change was expected, the exact nature and extent of those changes had previously been unknown.
Tompkins Wake ranked among the best in Asia Pacific
Monday 11 December, 2017
Tompkins Wake has been ranked among the Asia Pacific region’s best performing law firms in the latest findings of global legal capability researcher The Legal 500, the only law firm in the Waikato and Bay of Plenty to make the list.
Tompkins Wake appoints three new Partners
Thursday 7 December, 2017
Tompkins Wake has appointed three new partners as it continues to grow its high level legal work presence in the North Island and its client following.
Minister to reverse new non-notification law
Monday 20 November, 2017
Environment Minister David Parker has indicated that the Government will attempt to reform the Resource Management Act 1991 (RMA) which was amended in April this year through the Resource Legislation Amendment Act 2017 (RLAA).
Actual and reasonable costs principles
Friday 10 November, 2017
Local authorities when levying additional charges pursuant to Section 36 of the Resource Management Act 1991 (RMA) must ensure that those charges reflect the actual and reasonable costs in relation to the activity. We review a recent High Court decision – Porirua City Council v Ellis [2017] NZHC 784 – where the Court upheld an Environment Court decision to substantially reduce charges payable to the Council from $78,357.36 to $49,687.72 (GST inclusive).
New Statutory requirements for consent conditions
Thursday 2 November, 2017
Section 108AA of the Resource Management Act 1991 (“the RMA”) was inserted as part of the recent resource legislation amendments and came into effect on 18 October 2017. The new section introduces restrictions which limit the scope of conditions that may be imposed on a resource consent, in addition to the requirements of sections 108 and 220.
Responding to a workplace accident
Tuesday 31 October, 2017
It is important to have a plan in place outlining how you will respond to a workplace accident in order to balance the need to satisfy your responsibilities under the Health and Safety at Work Act 2015 (‘the Act’) and the need to protect your interests in the event of a prosecution.
Slippery slopes: local authority liability for landslips
Tuesday 31 October, 2017
Councils owe various different potential duties in relation to damage caused by landslips. In this Legal brief, we comment on a recent case where a Council was held liable for damage caused by a landslip. While the slip itself was triggered by natural causes, the underlying instability was the result of earthworks carried out by the Council more than a decade earlier.
Forest and Bird decision
Friday 27 October, 2017
The recent Supreme Court decision in Hawke’s Bay Regional Investment Co Ltd v Royal Forest & Bird Protection Society of New Zealand Inc [2017] NZSC 106 is a timely reminder for local authorities and other parties exercising statutory decision making powers to be fully aware of all relevant factors when exercising such powers.
In addition, the decision highlights the importance for proponents of securing property rights over land required for projects b...
Foster Group
Tuesday 10 October, 2017
Building and nuturing community relationships is as important to Tompkins Wake client Foster Group as building fine Waikato landmarks.
Trusts, Gifting and the Rest Home Subsidy
Wednesday 4 October, 2017
The Ministry of Social Development (MSD) administers the Social Security Act 1964. The Act includes a residential care subsidy regime which concerns the cost of rest home care (commonly called the rest home subsidy).
Health and Safety - Duty to consult, co-operate and co-ordinate
Tuesday 5 September, 2017
The Health and Safety at Work Act 2015 imposes a new duty on local authorities, as “persons conducting a business or undertaking” (PCBUs), to consult, co-operate and co-ordinate activities, so far as is reasonably practicable, with all other PCBUs who share health and safety responsibilities in relation to particular work.
LGOIMA Update - Ombudsman's dedicated webpage for councils
Tuesday 5 September, 2017
The Office of the Ombudsman is taking proactive steps to provide advice and guidance to agencies (including local authorities). In earlier Legal Briefs we have referred you to the guide, ‘The LGOIMA for local government agencies’ and summarised the Ombudsman’s new approach to ‘delay complaints’. In this edition, we summarise a recent addition to the Ombudsman’s website - a dedicated web page for agencies; providing electronic template letters, worksheets a...
New Bill extends enforcement powers under the LGA
Tuesday 5 September, 2017
A Member’s Bill from The Honourable Jonathan Young (National MP), the Local Government (Freedom of Access) Amendment Bill, was recently introduced to Parliament. The Bill proposes to widen the scope of enforcement officer powers to remove property (such as structures and tents) from council land – a power which will no doubt be welcomed by councils. The Bill also gives constables powers of arrest without warrant - for failure to give identifying informatio...
Tendering pitfalls: the importance of "no process contract" clauses
Tuesday 5 September, 2017
In The Rintoul Group Limited v Far North District Council [2017] NZHC 1132, the Council was found to have breached a tender “process contract” and potentially liable for significant damages to an unsuccessful tenderer. We comment on the case and explain how the outcome could have been avoided.
Local Authorities' decision-making requirements - Court of Appeal decision
Tuesday 5 September, 2017
In the recent Court of Appeal decision of Wellington City Council v Minotaur Custodians Limited [2017] NZCA 302 (Brown, Simon France and Williams JJ), the Court overturned the decision of the High Court, holding that Part 6 of the Local Government Act 2002 gives local authorities a broad discretion as to how to meet their statutory decision-making obligations (including whether to consult, and, if so, how), and, that the options available to challenge the ...
Local Authorities owe a duty of care to their neighbours - High Court decision
Tuesday 15 August, 2017
Local authorities owe the same duty of care to their neighbours as any other owners or occupiers of land. We review a recent High Court decision - Double J Smallwoods Ltd v Gisborne District Council [2017] NZHC 1284 - which held a local authority negligent for fire damage to a neighbouring sawmill operation, as a result of its failure to reduce the fire risk caused by vegetation on its land.
The Ombudsman's new approach to 'delay' complaints
Friday 7 July, 2017
The Office of the Ombudsman has just announced that, from 1 July 2017, it will be taking a new approach to how it responds to complaints about delays in making and communicating decisions on requests for official information within the maximum statutory timeframe (i.e. 20 working days).
Duties under the Health and Safety at Work Act 2015
Thursday 6 July, 2017
The Health and Safety at Work Act 2015 imposes different health and safety duties on different people, depending on their role in the workplace. Local authorities need to be aware of these duties and adopt a cautious approach in reducing the risk of a workplace accident.
Relief for grocery stores
Thursday 6 July, 2017
The Government are making changes to the Sale and Supply of Alcohol Act to enable grocery stores to continue to sell alcohol.
Clarity for supermarkets or not?
Thursday 6 July, 2017
The Alcohol Regulatory and Licensing Authority has recently provided clarity on a supermarkets ability to display and promote alcohol within single alcohol areas. ARLA’s decision has been appealed to the High Court.
Update on RJ Davidson Family Trust
Thursday 6 July, 2017
In our last Legal Brief we discussed the implications of the High Court’s decision in RJ Davidson Family Trust v Marlborough District Council [2016] NZEnvC 81 to resource consent applications. The High Court held that the King Salmon principles regarding the application of Part 2 of the RMA to the preparation of plans, also apply to resource consent applications considered under s104 of the RMA. The RJ Davidson Family Trust have now been granted leave to a...
Requiring authority status for irrigation scheme operators
Thursday 6 July, 2017
Ministerial approval of private entities as requiring authorities under section 167 of the RMA is, after the initial rush following commencement of the Act in October 1991, comparatively infrequent these days. There was no corresponding Ministerial power in the former Town and Country Planning Act, so the emergence of private entities able to designate private land is a post-1991 phenomenon. Correspondingly, so too is the ability to designate private lan...
Bribery of a public official
Wednesday 5 July, 2017
The high profile prosecution of a former public official and a private roading contractor in R v Borlase and Noone [2016] NZHC 2970 raises interesting issues as to what constitutes acceptable gifts, entertainment and hospitality when engaging with the public sector in the context of New Zealand’s bribery and corruption laws.
Defamation update
Wednesday 5 July, 2017
Local body authorities and politicians need to be particularly mindful of defamation law. In our defamation update we outline recent developments in defamation law and set out ways that local bodies can manage their defamation risk.
Increased Compensation available under the Public Works Act
Sunday 11 June, 2017
With the Government’s recent budget announcement of $32.5 billion infrastructure spending over the next four years, it is anticipated that the use of compulsory acquisition powers under Public Works Act 1981 (“PWA”) may be necessary to ensure that such projects can be completed. Recent changes to the PWA have been introduced with the intention to make land acquisition for public works fairer and more efficient. The changes to the PWA include increases in...
King Salmon applies to resource consents
Monday 15 May, 2017
Following the Supreme Court’s finding in EDS v NZ King Salmon [2014] NZSC 38, that there is generally no need (or ability) to refer back to the purpose and principles in Part 2 of the Resource Management Act 1991 (which was in the context of a plan change), there was some uncertainty as toits application in respect of resource consent applications and designations given their different statutory frameworks. Now, in its recent decision R J Davidson Family ...
Your Periodic Discovery Reminder
Monday 15 May, 2017
This periodic reminder comments on two particular issues that can pose challenges to organisations dealing with litigation: the duty to preserve documents, and the application of privilege to reports prepared internally or externally in the course of seeking legal advice or preparing for apprehended or actual proceedings.
Health and Safety at Work Act 2015
Monday 15 May, 2017
New Zealand’s poor health and safety record in the workplace has led to significant reforms in the law and the organisations governing this area.
In June 2012, the Minister of Labour established the Independent Taskforce on Workplace Health and Safety to research and critically evaluate New Zealand’s workplace health and safety system and to recommend practical strategies for reducing New Zealand’s high rate of workplace fatalities and serious injuries.
Case review: Invercargill City Council v Southland
Monday 15 May, 2017
This case looks at the obligations a Council may have when issuing Code Compliance Certificates, particularly in relation to the extent of any duty of care that may be owed to property owners.
IT Partners Group
Monday 17 April, 2017
Business partnerships don’t get much closer than that of IT Partners Group and law firm Tompkins Wake. The two Hamilton-headquartered business support houses have each other’s backs.
For many years they’ve been each other’s clients, growing together as they’ve widened and deepened their respective skills and capabilities to support NZ Inc..
High Court determines property arrangement is not a "subdivision"
Friday 17 March, 2017
Clearspan Property Assets Ltd v Spark New Zealand Trading Ltd [2017] NZHC 277 is a recent decision of the High Court which deals with the nexus between the law of property rights and the law regulating the use of land. The High Court overturned the unanimous decision of two Judges of the Environment Court in Spark New Zealand Trading Ltd [2016] NZEnvC 115. The Environment Court held that a property arrangement between Clearspan Property Assets Ltd ("Clea...
Key changes to limitations for civil claims
Friday 17 March, 2017
Limitation regimes are designed to protect defendants from stale claims. Claims that are brought many years after the relevant events are problematic for defendants (and their insurers), who may no longer have access to the evidence and witnesses they need to adequately defend themselves.
From 1 January 2011 the Limitation Act 2010 replaced the Limitation Act 1950. For acts or omissions which took place prior to 1 January 2011, the 1950 Act applies. For...
Gallagher Group - an enduring partnership grown together.
Thursday 10 November, 2016
Gallagher Group is an iconic New Zealand brand fueled by innovation. “The history between the two firms is a long one. As Gallagher has grown, Tompkins Wake has grown too ..... Tompkins Wake partners have built long relationships with Gallagher leaders which means the lawyers have a deep knowledge of the business."
Prolife Foods
Thursday 10 November, 2016
A string of mergers and acquisitions has seen Hamilton-headquartered Prolife Foods become a domestic market and exporting heavyweight with sales of around $250 million a year.
Supporting Prolife on much of that growth journey has been Tompkins Wake.
Conscious Uncoupling - an alternative approach to separation
Thursday 10 November, 2016
When actress Gwyneth Paltrow and musician Chris Martin announced they were splitting after ten years of marriage, they did not use the word “divorce”, but “conscious uncoupling”.
New Zealand's family justice system aims for civilised separations to be the rule, particularly where children are involved.
Plan Change 1 to the Waikato Regional Plan – “Healthy Rivers” Update
Thursday 10 November, 2016
Submissions on proposed Plan Change 1 close on 8 March 2017 at 5pm. The submission process provides opportunity for those affected by PPC1 to have their say about its provisions. It gives a submitter the right to participate in the hearing process and influence outcomes. If you would like any assistance to complete your submission or wish to discuss any aspects of the process, please contact one of our team.