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The Emissions Trading Scheme: Should Exotic Trees be Treated as Carbon Sinks?

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The Government is concerned over new exotic forests being treated as carbon sinks under the Emissions Trading Scheme (ETS). By way of background, the ETS was implemented under the Climate Change Response Act 2002 and is a key tool for ensuring that New Zealand meets its domestic and international climate change targets. Businesses involved in …

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Housing Intensification – The Solution to New Zealand’s Housing Crisis?

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As of 21 December 2021, the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 came into force amending the Resource Management Act 1991 (RMA) to set new medium density residential standards (MDRS) and make other amendments to the RMA that are set to change the future of housing development in New Zealand. …

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Leave and pay entitlements during COVID-19 isolation periods

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At midnight on 24 February, New Zealand moved into Phase Three of the response to community transmission of the Omicron variant of COVID-19. This means that there are currently more than 5,000 positive cases of COVID-19 community transmission being recorded each day. With the increase in positive COVID-19 cases, the isolation requirements for close contact …

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COVID-19 vaccination of children: What if one parent doesn’t agree?

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COVID-19 vaccination of children as a guardianship issue On Monday, 17 January 2022, the New Zealand Government announced that tamariki and children aged five years or older are now eligible to receive two doses of the Pfizer vaccine for COVID-19 for free. However, there is no legal or regulatory requirement (vaccine mandate) for tamariki or …

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Retirement Villages – What you need to know

Leave a Comment / Property Law, Trusts, Asset Protection & Estate Planning / By

Buying into a retirement village is a decision that many people consider as part of their retirement planning.  Like all decisions of this size, it’s one that require careful consideration. Occupational Right Agreements In the majority of situations when moving into a Village, it will involve signing an Occupation Right Agreement (ORA) with the retirement village. …

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Mandatory Farm Debt Mediations – what you need to know

Leave a Comment / Civil Litigation & Dispute Resolution, Rural & Agribusiness / By

A new law has come in affecting how creditors can take enforcement steps against borrowers and guarantors of farm debts. The Farm Debt Mediations Act 2019 (FDMA) came into force in 2020, which prevents secured creditors from taking enforcement action in relation to farm debts without taking certain steps. What is a farm debt? A …

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Update on trust law – can a trustee consider settlor wishes or other trust benefits?

Leave a Comment / Civil Litigation & Dispute Resolution, Trusts, Asset Protection & Estate Planning / By

Trustees and beneficiaries of trusts should be aware of a recent court decision, which clarifies two factors that trustees can take into account when deciding whether to distribute trust assets. In December 2021, the Court of Appeal’s decision in Kain v Public Trust [2021] NZCA 685 has given trustees some guidance on whether two types …

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New COVID-19 vaccine booster dose requirements

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The recent arrival of the highly contagious Omicron variant in New Zealand has prompted further developments in the Government’s COVID-19 response. Health advice that a third dose of the Pfizer and other COVID-19 vaccines is required to offer immunity against Omicron has led to a further extension of the existing vaccine mandate to include a …

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Conservation laws are being reformed

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The Government is reviewing Aotearoa/New Zealand’s conservation laws and has released a roadmap setting out its work programme. The existing legal framework includes 24 (generally outdated) statutes, including the Wildlife Act, Reserves Act, Marine Mammals Protection Act, Marine Reserves Act, and Conservation Act. The reforms will be comprehensive and will involve reviewing the whole conservation …

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Three Waters – Big Changes Proposed for Water Management in NZ

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While the management of New Zealand’s water has previously been the domain of 67 local councils, full-scale water reform by the Government is proposed to consolidate this into just four powerful entities. Central Government considers this is necessary to ensure all Kiwis have access to safe, reliable and affordable water – local authorities are not …

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