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Tag: Commercial law

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Some issues with restraint of trade or non-compete disputes

Some issues with restraint of trade or non-compete disputes

This article focuses on the need for economic and efficient resolution of disputes where a restraint of trade has been included in a transaction and is being breached. Since this article was published the United Kingdom Supreme Court has delivered its decision on the appeal in Morris-Garner v One Step…
Code to increase availability of quality financial advice

Code to increase availability of quality financial advice

A new code of conduct is at the heart of changes proposed to the regulation of financial advice in New Zealand. The new code will affect anyone who recommends a financial advice product (such as a mortgage, insurance policy or KiwiSaver scheme). Financial advice is valuable as it helps individuals…

New Commerce Commission Competitor Collaboration Guidelines

On 9 January 2018 the Commerce Commission released its Competitor Collaboration Guidelines. These Guidelines explain the new cartel prohibition introduced by the Commerce (Cartels and Other Matters) Amendment Act 2017 (passed in August 2017). Secondly, they explain the exceptions to the cartel prohibition. Finally, they explain the proposed regime for clearance…

Commerce Commission poised to ramp up enforcement of Fair Trading Act 1986 ‘unfair contract terms’ provisions

Provisions in the Fair Trading Act 1986 (FTA) prohibiting the inclusion of ‘unfair contract terms’ (UCT) in standard form consumer contracts came into force on 15 March 2015. Since then, the Commerce Commission has issued guidance on UCTs and conducted industry-wide reviews of telecommunications, retail energy and gym contracts, identifying…
Company and not for profit auditing – a changing landscape

Company and not for profit auditing – a changing landscape

Lawyers who advise companies and not for profits are familiar enough with annual reports, financial statements, and auditors’ opinions. Many will also have advised boards and audit committees on the negotiation of audit engagement letters and audit fees, and the preparation of letters of representation – processes which can be…
The Zero Carbon Bill — a game changer for responsible investment in New Zealand?

The Zero Carbon Bill — a game changer for responsible investment in New Zealand?

Responsible investment is big business in New Zealand. Over $180 billion of assets were professionally managed in accordance with responsible investment principles in New Zealand in 2018, up from only $58 billion five years earlier (RIAA Responsible Investment Benchmark Report 2019). This represents approximately 72% of all funds under professional…

Experienced arbitration lawyers aiming to make New Zealand a Pacific arbitration hub

Some experienced New Zealand lawyers who’ve worked overseas in arbitration have returned home for the Kiwi lifestyle and to help create more opportunities for international work now available here. Coming back to the green pastures and, perhaps, the simpler life of New Zealand is not an easy decision to make –…

Appointing your arbitrator

Dinosaurs were not quite roaming the earth when I first turned my mind to arbitration as a young lawyer (though my daughter would demur). It’s not that long ago that arbitration was primarily the preserve of lease and construction disputes. Since that time, we have had the almost universal adoption…

Arbitrations and Proportionality

A feature of arbitration is the opportunity to tailor the procedure to the particular dispute. In choosing the procedure, fairness and efficiency are obviously to the forefront. But equally important is proportionality. Proportionality pegs the time and cost of an arbitration at a level that will be economic for the parties…
Directors' duties and the case for vulnerable trading?

Directors' duties and the case for vulnerable trading?

Earlier this year, in the space of 10 days, the New Zealand courts delivered two quite differing outcomes on the question of reckless trading under s 135 of the Companies Act 1993.
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