Our lawyers analyse and comment on today’s business issues and legal developments through Counsel and Brief Counsel bulletins.
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| | 09 March 2010 Jo Appleyard, PartnerJohn Hassan, PartnerSuzanne Janissen, Partner | | The Government has been cautious in its response, saying that it has not formed a view on the proposed changes and that – while it would be difficult to ignore the unanimous conclusion of the review panel – it will consult with key stakeholders before making any decisions. |
| | | 04 March 2010 Emma Harding, Senior SolicitorBradley Kidd, PartnerFrank McLaughlin, PartnerPenny Sheerin, PrincipalGeof Shirtcliffe, PartnerRoger Wallis, PartnerTim Williams, Partner | | Four Cabinet papers on the regulations to implement the
Financial Advisers Act (FAA) and the Financial Service Providers (Registration and Dispute Resolution) Act (FSPA) have been publicly released.
This Brief Counsel summarises the contents of the key Cabinet decisions, and a further Ministry of Consumer Affairs discussion document on reserve dispute resolution levies.
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| | | 03 March 2010 Cathryn Barber, PrincipalAlan Lester, Principal | | The recent Australian judgment in Goodridge v Macquarie Bank Limited is causing some concern to banks on both sides of the Tasman in relation to their ability to effectively securitise and sell down loans.
This Brief Counsel looks at two of the points raised in the case and how they may affect lenders looking to transfer loans. |
| | | 02 March 2010 Matt Sumpter, PartnerPaul Sumpter, Consultant | | If you use a phone directory, down-load songs and movies or write music, you might be interested in three recent copyright cases from Australia which may be influential in our courts.
This Brief Counsel discusses the Australian Federal Court decisions.
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| | | 26 February 2010 Edward Scorgie , PrincipalTim Smith, Senior Solicitor | | The Supreme Court, in determining a dispute surrounding a gas supply contract, has taken the opportunity to discuss the principles which should be applied in interpreting commercial contracts and what evidence is admissible in aid of that task.
This Brief Counsel looks at whether the decision indicates a new approach to the interpretation of commercial contracts, and its likely impact on litigation involving such issues. |
| | | 22 February 2010 Jo Appleyard, PartnerAsher Davidson, Senior SolicitorSuzanne Janissen, PartnerJohn Knight, Partner | | Developers frustrated by the lack of incentives on councils to process consent applications within statutory deadlines may soon be able to claim fee discounts of up to 80% when consent processes run over time and the local authority is at fault. The change was provided for in recent amendments to the Resource Management Act and the Ministry for the Environment is now seeking feedback on the regulations to implement the policy. |
| | | 22 February 2010 Geof Shirtcliffe, PartnerRoger Wallis, PartnerTim Williams, Partner | | Chapman Tripp has collated the Capital Market Development Taskforce recommendations according to whether the Government has accepted them, earmarked them for further consideration or rejected them.
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| | | 16 February 2010 Jo Appleyard, PartnerPaula Brosnahan, PrincipalJohn Hassan, Partner | | Submissions are due by 5 pm 19 April 2010 on a proposed National Environmental Standard (NES) for dealing with contaminated sites. The Ministry for the Environment (MfE) will convene regional public consultation workshops on the proposed NES during March.
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| | | 12 February 2010 Emma Harding, Senior SolicitorBradley Kidd, PartnerFrank McLaughlin, PartnerPenny Sheerin, PrincipalTim Williams, Partner | | The Securities Commission has recently released a QFE Adviser Business Statement Guide to assist entities who wish to become Qualifying Financial Entities (QFEs).
An Adviser Business Statement (ABS) is a two part document outlining the QFE’s business structure and its compliance and governance practices. It must be submitted to the Securities Commission as part of the application for QFE status, any time from now until 30 July 2010.
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| | | 11 February 2010 Emma Harding, Senior SolicitorBradley Kidd, PartnerFrank McLaughlin, PartnerPenny Sheerin, PrincipalTim Williams, Partner | | The Code Committee’s third consultation paper outlines the proposed minimum requirements of continuing professional training (CPT) for Authorised Financial Advisers (AFAs).
The Committee suggests that AFAs complete a minimum of 20 hours of CPT every 12 months. This seems comparatively high, being equal to the hours required of medical doctors and it's much more prescriptive than the on-going professional development obligations placed on lawyers. However, it is only half of the hours required of a Chartered Accountant.
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| | 29 September 2009 | | | 19 August 2009 |
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| | | Auckland 24 November, Wellington 25 November |
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