http://www.chapmantripp.com/_layouts/aggregatedfeeds.aspxAggregated RSS feed of Chapman Tripp news and publications.Chapman Trippwebmaster@chapmantripp.comTue, 27 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=763Feel that the legislative process in New Zealand could be more transparent and that policy-making would benefit from more rigorous scrutiny? The draft Regulatory Responsibility Bill seeks to address these concerns by imposing new disciplines on the law-makers. The Government has prepared a set of questions on the Bill and has invited submissions to the Regulatory Quality Team within the Treasury by 27 August 2010.chapmantripp.comTue, 27 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=763Governmenthttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=762This submission reflects the views of the following specialists in our financial sector regulation team: Tim Williams, Frank McLaughlin, Roger Wallis, Mike Woodbury, Bradley Kidd, Penny Sheerin, Emma Harding and Pippa Tasker.chapmantripp.comFri, 23 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=762FinanceInvestment, funds & savings productshttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=760New detail about the shape of the proposed Financial Markets Authority is contained in a just released Cabinet paper seeking Cabinet’s approval to fast-track the FMA’s implementation ahead of the broader securities law review. This Brief Counsel summarises the new information and evaluates the decision to bring the FMA into being before important decisions have been made regarding the regulatory regime which it will be tasked with enforcing.chapmantripp.comThu, 22 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=760Debt capital marketsEquity capital marketsFinanceInvestment, funds & savings productshttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=761The New Zealand Productivity Commission will take a step closer to reality today when the establishing legislation has its first reading in the House. The model is the Australian Productivity Commission which has been widely judged a success. Clearly, however, it is only a very small part of the explanation for why Australia has been out-pointing New Zealand in productivity performance over the last several years.chapmantripp.comThu, 22 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=761Corporate & commercialhttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=759The employment law changes announced by the Prime Minister at the weekend are not radical but will bring some real improvements for employers. This Brief Counsel looks at the reform agenda and, although details are light so far, provides a preliminary assessment of some of the likely implications.chapmantripp.comTue, 20 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=759Employmenthttp://www.chapmantripp.com/pages/News.aspx?ItemID=207On Thursday 15 July, Chapman Tripp and Auckland's business leaders heard Auckland Council Mayoral candidates John Banks and Len Brown speak from the same platform for the first time in their Super City election campaigns. Listen to the audio here.chapmantripp.comMon, 19 Jul 2010 12:00:00http://www.chapmantripp.com/pages/News.aspx?ItemID=207(blank)http://www.chapmantripp.com/pages/Publication.aspx?ItemID=758An updated draft Code of Professional Conduct for Authorised Financial Advisers (AFAs) has been released for consultation in the wake of the extensive amendments to the financial services regime. This is the final opportunity for stakeholders to comment on the Code before it is recommended to the Commissioner for Financial Advisers. Submissions are due before 5pm, Wednesday 21 July.chapmantripp.comFri, 16 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=758Investment, funds & savings productsFinancehttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=757A recent High Court of Australia decision, involving actor Paul Hogan, confirmed that private financial and taxation documents disclosed in connection with a court proceeding can be accessed by third parties, including the media. This approach may well be imported into New Zealand’s confidentiality regime. This Brief Counsel briefly reviews the relevant law and considers the implications for business.chapmantripp.comTue, 13 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=757(blank)http://www.chapmantripp.com/pages/Publication.aspx?ItemID=755New Zealand’s courts have only very recently acknowledged that banks could be liable as shadow directors in the right circumstances - see our previous analysis of the Krtolica case here. Now, the New South Wales Supreme Court has considered whether the same liability could apply to creditors of distressed companies where they exert pressure to recover outstanding debts. On the facts, no liability arose in the Australian case, but the judgment once again highlights the risks taken by third parties who become involved in the affairs of their debtors.chapmantripp.comMon, 12 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=755Restructuring & insolvencyhttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=756A recent District Court decision has confirmed that deeds of company arrangement (DOCAs) cannot be used to release directors from personal liability unless the creditors expressly relinquish the guarantees and vote in favour of the DOCA. The New Zealand case is the first to consider the issue and reflects the High Court of Australia’s judgment in Lehman Brothers.chapmantripp.comWed, 07 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=756Restructuring & insolvencyhttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=754The long-anticipated review of New Zealand’s securities law is now underway with the launch of a 200-page discussion document seeking input on the scale, scope and direction of change. Major reform is on the cards with the replacement of the Securities Act 1978 and the Securities Markets Act 1988 as well as significant amendment to other legislation. Submissions to the Ministry of Economic Development (MED) close on 20 August 2010.chapmantripp.comFri, 02 Jul 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=754FinanceDebt capital marketsEquity capital marketsInvestment, funds & savings productshttp://www.chapmantripp.com/pages/News.aspx?ItemID=206Chapman Tripp Senior Solicitor Kelly McFadzien discusses the Government's moves to streamline and align New Zealand's consumer laws with Australia's.chapmantripp.comMon, 28 Jun 2010 12:00:00http://www.chapmantripp.com/pages/News.aspx?ItemID=206Corporate & commercialhttp://www.chapmantripp.com/pages/News.aspx?ItemID=205The government is proposing a radical overhaul of securities law aimed at aiding investors in failed firms like Blue Chip, that fall outside the current law. Chapman Tripp Partner Roger Wallis comments.chapmantripp.comThu, 24 Jun 2010 12:00:00http://www.chapmantripp.com/pages/News.aspx?ItemID=205Debt capital marketsEquity capital marketsFinanceInvestment, funds & savings productshttp://www.chapmantripp.com/pages/Publication.aspx?ItemID=748The Securities Commission proceedings against Nuplex Industries Limited and its directors is an important test case of the 2008 law changes extending liability for continuous disclosure breaches to secondary parties who were involved in contravention of the law.chapmantripp.comTue, 08 Jun 2010 12:00:00http://www.chapmantripp.com/pages/Publication.aspx?ItemID=748Corporate & commercialDebt capital marketsEquity capital marketshttp://www.chapmantripp.com/pages/News.aspx?ItemID=197Former Justice ministers Sir Douglas Graham and Bill Jeffries could face up to five years in prison if they are found guilty of misleading investors in the collapsed finance company, Lombard Finance. Chapman Tripp Partner Roger Wallis discusses the case on Radio NZ National's Morning Report programme.chapmantripp.comMon, 19 Apr 2010 12:00:00http://www.chapmantripp.com/pages/News.aspx?ItemID=197Finance