Trial provisions (yet again) under review
Trial provisions (yet again) under review
26 September 2016 | By  Duncan Coats
The outcomes of four separate, but related, claims may cause concern for employers whose standard employment contracts contain trial provision clauses.
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When does a director “live in New Zealand”?
When does a director “live in New Zealand”?
20 September 2016 | By  Luke Balmforth
ince 1 May 2015, the Companies Act 1993 has required that at least one director of each New Zealand company “live in New Zealand” or “live in an enforcement country and be a director of a company that is registered … in that enforcement country”
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Lowdown - Spring 2016
Lowdown - Spring 2016
14 September 2016 | By  Lowndes Jordan
Welcome to the 2016 Spring edition of Lowdown
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Employee share scheme tax reform
Employee share scheme tax reform
13 September 2016 | By  Liz Buxton
Employee share schemes are globally recognised as an effective way to recruit, retain and incentivise employees. The legal compliance requirements necessary to establish such schemes have recently relaxed with the introduction of the Financial Markets Conduct Act 2013
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NZ splits from UK on enforcement of foreign judgments
NZ splits from UK on enforcement of foreign judgments
31 August 2016 | By  Timothy Lindsay  | Edith Offner
In its recent decision Michael Wilson & Partners Ltd v Thomas Ian Sinclair [2016] NZCA 376 the New Zealand Court of Appeal has allowed the execution in New Zealand of a foreign costs judgment, despite ongoing litigation between the parties in other jurisdictions.
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A tale of two courts, two countries and two ISPs: iiNet and Cox
A tale of two courts, two countries and two ISPs: iiNet and Cox
19 August 2016 | By  Rick Shera
It is unusual to get cases in different jurisdictions with such similar facts that they allow us to directly compare the application of law in those jurisdictions. For copyright geeks, the comparison between the US case BMG Rights Management (US) LLC v Cox Communications, Inc and the Australian case Roadshow Films Pty Ltd v iiNet Limited[1] is therefore something to be savoured...
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Hold-out creditor fails to block Solid Energy company arrangement
Hold-out creditor fails to block Solid Energy company arrangement
17 August 2016 | By  Timothy Lindsay  | Edith Offner
In a significant decision, the New Zealand High Court has rejected a minority hold-out creditor’s attempts to invalidate a voluntary deed of company arrangement for coal mining company Solid Energy New Zealand Limited pursuant to Part 15A of the New Zealand Companies Act 1993
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Of NARS and SNARS and copyright fair dealing
Of NARS and SNARS and copyright fair dealing
16 August 2016 | By  Rick Shera
In Sky Network Television Limited v Fairfax New Zealand Limited [2016] NZHC 1883 (12 August 2016), Justice Fogarty has found for the defendant, Fairfax, refusing SkyTV’s interim injunction application for copyright infringement.
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New 2016 SIAC Arbitration Rules address banking & finance industry needs
New 2016 SIAC Arbitration Rules address banking & finance industry needs
10 August 2016 | By  Timothy Lindsay  | Cecil Hanafin
The sixth iteration of the arbitration rules of the Singapore International Arbitration Centre came into force earlier this month
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Attempt to structure around the Overseas Investment Act proves costly
Attempt to structure around the Overseas Investment Act proves costly
21 June 2016 | By  Andrew Wallace
A recent case (LINZ v Carbon Conscious New Zealand Limited and Katey LR Investments Limited [2016] NZHC 558) serves as a reminder of the wide application of the overseas investment regime and a warning against attempts to try and structure deals around it.
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The
The "Tail" of two crocodiles
09 June 2016 | By  Richard Rodden
Lacoste recently successfully defended its rights in the Court of Appeal to its trade mark which depicts both a crocodile and the word ‘crocodile’ (mark 70068) despite it never actually having used the mark.
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New tax rules provide opportunity for R & D cash-back
New tax rules provide opportunity for R & D cash-back
18 May 2016 | By  Ben Morrison
There is now an opportunity for a New Zealand company with tax losses, which undertakes a form of research and development, to claim a cash credit back.
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