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Precedent-setting case granting Customary Marine Title

The first major ruling under the Marine and Coastal Area (Takutai Moana) Act 2011 (“the Act”) was released by the High Court on Friday 7 May 2021, representing an important milestone for iwi claims to customary marine title and protected customary rights to the coastal marine area in New Zealand. The Act was brought into …

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If you can’t see the Redwood for the trees, our new partner can.

Congratulations to Holland Beckett Law’s newest partner, James McDougall, who leads the Rotorua office. If you’ve gone off-track, legally speaking, you’ll need an invested local who knows their way round all the trails to get you out. James is just the man. He is an experienced litigator in Court and tribunals and advises clients on …

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Cartel Behaviour

A change to the Commerce Act makes cartel behaviour a criminal offence, with the risk of up to seven years’ imprisonment. What is a cartel and how can businesses avoid engaging in cartel behaviour, intentionally or accidentally (this includes small to medium businesses, not just those big corporates).  For those unfamiliar, what is the definition of …

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Resource Management Reform

On 10 February 2021, Minister for the Environment, David Parker, announced that the Resource Management Act 1991 (“RMA”) will be repealed and replaced with three new Acts by the end of 2022. These are the: Natural and Built Environments Act; Strategic Planning Act; and Climate Change Adaptation Act. These new acts seek to improve the …

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COVID-19 and minimum wage obligations – the latest from the Employment Court

Gate Gourmet New Zealand Ltd v Sandhu [2020] NZEmpC 237 deals with employment rights and obligations arising during the COVID-19 lockdown. The key issue was whether an Employer was obligated to pay employees the minimum wage if they were not working due to partial business closure, but were “ready, willing and able” to do so. …

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Healthy Homes Standards and Residential Tenancies Amendment Act 2020

The Healthy Home Standards and Residential Tenancies Amendment Act 2020 are now law. The Government describes these changes as necessary for modernising and clarifying the Act to reflect the modern renting market in New Zealand by increasing security of tenure for tenants; promoting good-faith relationships in the renting environment; and supporting tenants’ ability to assert …

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Fast tracking New Zealand’s COVID 19 recovery

2020 certainly isn’t the year we thought it would be and the Covid-19 Recovery (Fast-track Consenting) Act 2020 (the Act) definitely wasn’t on the Government’s legislative agenda back in January. The Act was passed under urgency and is part of the government’s economic response to Covid-19, promoting development as a way to stimulate the economy. …

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Fresh National Directions: The National Environmental Standards for Freshwater 2020

The Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (“the NES:F”) came into effect on 3 September 2020 as part of the Government’s wider “Action for Healthy Waterways” package (which also includes the new Freshwater Planning Process contained in the Resource Management Amendment Act 2020, the National Policy Statement for Freshwater Management and Stock …

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