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Tag: LawTalk 914

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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…

Lawyer releases second Americana album

In the beginning, playing the music known as Americana was what poor people did to cheer themselves up in the face of a life laden with struggle and poverty. Some even called Americana mountain music because of its bluegrass and folk routes but these days perhaps the origin of the sound…

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…
Wine and law

Wine and law

A New Zealander is in line to lead the International Organisation of Vine and Wine (OIV) – an institution which is sometimes referred to as the “UN of wine”. Auckland lawyer Dr John Barker, who has been nominated to become the Director General of the Paris-based organisation, has decades of experience…

The Supreme Court's approach to economic disparity claims

The Supreme Court recently considered the application of economic disparity under section 15 of the Property (Relationships) Act in Scott v Williams [2017] NZSC 185. The issue to be determined in respect of s 15 was whether the amount awarded to Ms Scott was correct. Section 15 provides the court with…

How do our courthouses measure up?

Courthouses are very much in the news as 2018 gets underway. On 26 January Dunedin’s legal profession paraded through the city to the formal first sitting of the historic and now restored Stuart Street Court. A few days later, on 31 January, a ceremonial sitting to mark the opening of…

Some advice for new lawyers

Starting your legal career is likely to be an exciting, yet slightly terrifying, time. It’s important to remember that everyone has to start somewhere, and chances are the partner you’re reporting to also felt out of their depth when they first joined the profession. LawTalk asked some senior lawyers to…
Policy will result in more women taking the lead

Policy will result in more women taking the lead

A policy that could change how law firms and clients think when assigning lawyers to major cases and investigations was launched in December 2017. The Gender Equitable Engagement and Instruction Policy (Eqitable Instructions) is aimed at developing and retaining the skills of women lawyers. While over 60% of law school graduates are…

What remedies are available to franchisees when the franchisor does not perform?

It is a characteristic of franchise agreements that they are top heavy on franchisee obligation and light on franchisor obligation. Having the ability to draft the franchise agreement enables franchisors to cast franchisor obligations in largely discretionary terms and, conversely, the franchisee’s role as a set of non-negotiable cast iron…
Animal cruelty and family violence

Animal cruelty and family violence

In a recent animal welfare prosecution, New Zealand Police v Hanuere Paul Witehira [2017] NZDC 16476, the court sentenced an offender to two years’ and five months’ imprisonment for bashing a puppy eight times on the head with a hammer, resulting in its death. The offending occurred in a family…
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