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International trade and investment

Chapman Tripp comments on overseas investment, trade agreements, key cases and rules for doing business in New Zealand and offshore.
 

Court defines what it means to live in New Zealand

15 August 2016

Since 2015 the Companies Act has required that a company registered in New Zealand must have at least one resident director. The Registrar of Companies, drawing on tax law, interpreted that as living at least 183 days a year here.

Overseas investment regime – the shape of things to come

23 June 2016

The new fee structure for the Overseas Investment Office screening regime, to come into force on 4 July 2016, was always only part of the solution to lifting the OIO’s performance and turnaround.

Doing business in New Zealand

01 June 2016

Haere mai is Māori for welcome and New Zealand is one of the most open economies in the world. But there are rules and regulations that will apply, and we are familiar with them. This publication is designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business.

Investor fined for poor overseas investment advice

18 April 2016

​An Australian owned company - Carbon Conscious New Zealand Ltd – has been ordered to pay $40,000 in penalties plus costs for a purchase involving sensitive land without consent under the Overseas Investment Act (OIA). The order was made by the High Court on the application of Land Information New Zealand. It is the first case of its kind under the Act.

A House divided over the Trans-Pacific Partnership

03 February 2016

For New Zealand to host the signing of the Trans-Pacific Partnership agreement (TPP) tomorrow is an extraordinary outcome to negotiations which began life in 2008 as Tim Groser’s ‘Plan B’.

Anti-corruption advice from the Ministry of Justice

14 January 2016

The Ministry of Justice has provided practical advice on anti-corruption compliance, how to create a fraud and corruption policy and how to avoid falling foul of the new law on facilitation payments. It reflects best international practice and is designed for small, medium and large organisations. We provide you with an overview of the guidance documents and links to them.

New organised crime and anti-corruption regime

10 November 2015

The Organised Crime and Anti-corruption Legislation Bill has been split into 15 amendment Acts and passed. They will bring New Zealand into line with international conventions. Most of the Acts are already in effect. The exceptions are the AML/CFT Amendment Act, which does not come into force until July 2017, and minor changes relating to criminal law.

Trans-Pacific Partnership – the deal is done

06 October 2015

Trade Ministers from 12 Pacific-rim nations yesterday announced the biggest free trade agreement in a generation – the Trans-Pacific Partnership (TPP). Chapman Tripp looks at what is known of the final deal, and what it will mean for New Zealand.

TPP end-game in sight

02 July 2015

Earlier this week, President Barack Obama signed into law legislation giving the US “fast track” authority to conclude the Trans-Pacific Partnership (TPP) — removing a major roadblock to the 12-nation regional trade and investment pact. There now appears to be sufficient political will for remaining hurdles, though high, to be cleared. For New Zealand, the real promise of the TPP lies in greater market access for our primary products – especially dairy. But to access these benefits, New Zealand will need to trade concessions in other areas.

DOING BUSINESS IN NZ: New Zealand as an investment choice

01 June 2015

Doing Business in New Zealand is a publication designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business. This chapter discusses diversification; liberalisation; transparency; and the legal system.

DOING BUSINESS IN NZ: Overseas investment regime

01 June 2015

Doing Business in New Zealand is a publication designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business. This chapter discusses business assets acquisitions; overseas investment in sensitive land; the consent process; processing and decision application; and consent conditions.

DOING BUSINESS IN NZ: Accessing world markets from New Zealand

01 June 2015

Doing Business in New Zealand is a publication designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business. This chapter discusses China, Australia, ASEAN and others.

Supreme Court supports arbitration agreements

22 December 2014

Just in time for Christmas, the Supreme Court has clarified New Zealand’s arbitration jurisprudence by ruling that parties generally cannot avoid promises to arbitrate by seeking High Court summary judgment instead.

Andrew Poole interview - New Zealand Herald's Meet the CEO series

20 November 2014

Chapman Tripp's managing partner Andrew Poole talks to the New Zealand Herald as part of its 'Meet the CEO' video series.

New residency and information requirements for directors

20 August 2014

Some companies will need to change the composition of their board and provide additional information to the Companies Office to comply with the 2014 amendments to the Companies Act 1993. The new requirements will apply from 1 May 2015. Existing companies have until 28 October 2015 to comply.

Top UK Court underscores focus on bribery and corruption

29 July 2014

A recent UK Supreme Court judgment underscores the rising judicial intolerance among Western jurisdictions of bribery and corruption. The decision resolves a question which has been long-unsettled in UK law and brings the UK into line with New Zealand.

Organised Crime and Anti-corruption Bill introduced

30 June 2014

The Organised Crime and Anti-corruption Legislation Bill will bring New Zealand into line with international conventions and responds to recommendations from the OECD and the US around tightening our defences against organised crime.

Plain packaging and international law: thoughts from across the ditch

07 May 2014

​In most respects, New Zealand likes to be independent. This often means differentiating itself from, and sometimes competing with, its next door neighbour.

From the ‘Ends of the Earth’ to ‘Middle Earth’ – Investment opportunities in New Zealand tourism

20 December 2013

China is now New Zealand’s largest trade partner and the second largest source of visitors to the country so it’s not surprising that Chinese investors also have their eyes firmly set on opportunities for large acquisitions and joint ventures in New Zealand assets.

Accolade Wines buys Mud House

06 November 2013

Chapman Tripp has acted for Australia’s Accolade Wines on its purchase of Blenheim-based Mud House Wine Group’s leading wine brands Mud House and Waipara Hills and the leasing of its vineyards from another new owner.

Trans-Tasman Proceedings Act in force next month

06 September 2013

If you do significant business in Australia, you may be affected by the Trans-Tasman Proceedings Act 2010. After a 3 year delay, rules passed last week in Australia and this week in New Zealand bring into effect a new harmonised regime on 11 October 2013.

The nitty-gritty of the thin cap reforms

12 June 2013

The Inland Revenue has released its much anticipated proposals to extend the scope of the thin cap regime and restrict the existing safe harbours. The thin cap regime limits interest deductions claimed by foreign-owned New Zealand companies with debt to equity ratios exceeding certain thresholds. Submissions can be made by 28 June 2013.

Game-changing tax regime proposed for foreign super scheme interests

11 June 2013

The taxation of interests in foreign superannuation schemes and other forms of retirement savings held by migrants to New Zealand has for years been both complex and arbitrary. The growing number of people with such savings and increased focus by Inland Revenue on non-compliance in the area has heightened awareness of the problems.

Protocol to allow freer investment flows trans-Tasman

13 February 2013

The Investment Protocol to the New Zealand–Australia Closer Economic Relations Agreement will come into force on 1 March 2013, increasing substantially the thresholds for which non-government trans-Tasman investments will require regulatory approval.

Proposed thin cap change targets taxation of foreign-owned entities

16 January 2013

After five years of reform of the tax rules for outbound investment, Inland Revenue officials are now proposing changes to an important inbound tax regime. Inland Revenue released a paper on 14 January 2013 proposing to broaden the thin capitalisation regime. The regime limits interest deductions claimed by foreign-owned New Zealand companies with debt to equity ratios exceeding certain thresholds. The proposal is aimed at both widening the application of the regime and limiting the application of the existing safe harbours.

Supreme Court clears the way for Shanghai Pengxin to buy Crafar farms

24 October 2012

​In a welcome move, the New Zealand Supreme Court recently dismissed a last ditch attempt by a competing bidder to prevent the sale of the Crafar farms to Chinese investors Shanghai Pengxin. Chapman Tripp acted for Shanghai Pengxin Group on its Overseas Investment Act consent and the associated Court proceedings. The Supreme Court decision brought to a close a court process that has clarified the technical application of the law for overseas investment in New Zealand, and restored certainty to New Zealand’s overseas investment regime.

Show me the money: the sharp end of disputes with state entities

15 August 2012

Winning an international commercial dispute is one thing. Recovering any monies owed can be quite another – as a recent saga played out by final courts in London and Hong Kong demonstrates. New Zealand companies contracting with foreign governments or state entities, including in PPP projects, need to understand their reduced leverage should a dispute arise. The message is simple: state immunity problems are very real, but commercial solutions can be found if they are identified and addressed at an early stage.

Court of Appeal upholds Crafar decision

08 August 2012

The Court of Appeal yesterday cleared the way for Milk NZ, in association with Landcorp, to bring the Crafar farms back to full production. The Court’s decision should close the door on a campaign by the rival New Zealand bidders to overturn the deal and restores some much needed certainty to New Zealand’s overseas investment regime. It should invigorate New Zealand’s Free Trade Agreement with China and reinforce the upcoming celebrations to mark 40 years of diplomatic relations between New Zealand and China.

Investor-state arbitration not deal breaker for TPP negotiations

11 May 2012

Investor-state arbitration is a mechanism whereby foreign investors can directly enforce minimum international investment standards against host states through international arbitration proceedings. Especially with the threat of litigation by tobacco companies, it is timely for New Zealand to focus on the trade-offs inherent in investor-state arbitration as it negotiates the TPP. This needs to be done, however, with a good grasp of the facts and a sense of perspective.

Court throws NZ overseas investment regime into disarray

24 April 2012

New Zealand’s overseas investment regime has become significantly more difficult and uncertain as a result of a High Court ruling the effect of which is to require the government to apply a counterfactual test to applications by foreigners to buy sensitive land.

CER Investment Protocol – a bit more extensive than one might think?

01 March 2011

The Investment Protocol to CER (Protocol), signed on 16 February 2011, is a wide ranging treaty which adds a new dimension to trans-Tasman economic relations, the significance of which has not been fully grasped in the media. One would be forgiven, based on the official announcements and recent commentary, for thinking that the Protocol is a short agreement to reciprocally raise screening thresholds for trans-Tasman investments. It does do this but only in the Annexes, as a qualification to new rights extended in the substantive part of the Protocol. The arguably more significant development is that the Protocol is a bilateral investment treaty (or BIT) and – as such – accords trans-Tasman investors a suite of international law rights distinct from and additional to those enjoyed by domestic investors.

TransTasman investment loosened? - Nick Wells commentspodcast

16 February 2011

Australian Prime Minister Julia Gillard and New Zealand Prime Minister John Key will be announcing a new trans-Tasman investment protocol aimed at increasing cross-Tasman investment thresholds. Chapman Tripp Partner Nick Wells comments.

Changes to tighten up criteria for foreign ownership of farmland - Nick Wells commentspodcast

10 December 2010

Nick Wells, a partner at Chapman Tripp, says new measures to tighten up the criteria for foreign ownership of farmland and primary production companies will change nothing, as the Overseas Investment Office already considers such purchases.

Australia, New Zealand – and the poisoned apple?

28 October 2010

Apples have been a source of friction in the trans-Tasman relationship for almost 90 years, but the dispute may be about to enter a new, more dangerous and more decisive phase.

Connected Asia Pacific - September 2010 issue

23 September 2010

Connected Asia Pacific focuses on developments in international trade, investment and arbitration in the Asia Pacific region. It is intended to assist exporters, importers and investors from or to New Zealand make the most of the rules which increasingly regulate their cross-border activities.

New Zealand recent decisions on international sales and arbitration

22 September 2010

Three New Zealand court decisions helpfully illustrate the legal frameworks which can apply when disputes arise with overseas business partners.

Trans-Tasman Proceedings Act 2010 passed

22 September 2010

The Trans-Tasman Proceedings Act 2010, which implements the Agreement between the Government of New Zealand and the Government of Australia on Trans-Tasman Court Proceedings and Regulatory Enforcement, passed its third reading on 24 August 2010. Australia passed its corresponding legislation in March 2010. The new regime creates a legal framework for trans-Tasman cooperation relating to civil proceedings and will enable disputes to be resolved more efficiently and effectively.

Australia reforms international arbitration legislation

22 September 2010

Just as Australia has modernised its international arbitration legislation, two state courts have distanced themselves from the infamous Queensland Court of Appeal decision of Eisenwerk Hensel Bayreuth Dipl-Ing Burkhardt Gmbh v Australian Granites Limited, one finding it was “plainly wrong”.

New Zealand FTA round-up

22 September 2010

New Zealand’s FTA negotiations continue apace. The key developments are summarised here.

New international arbitration rules – UNCITRAL, SIAC, LCIA India

22 September 2010

Over the past few months, there have been important revisions to two important sets of arbitration rules – the UNCITRAL Arbitration Rules, which are very commonly used for ad hoc (or non-institutional) arbitration; and the Singapore International Arbitration Centre (SIAC) Arbitration Rules, which are the leading rules used for institutional arbitration in Singapore. In addition, the London Court of International Arbitration (LCIA) has recently issued a set of LCIA India Arbitration Rules.

IBA taskforce on good faith and ethics in international arbitration

22 September 2010

In August 2010, the International Bar Association Arbitration Committee resolved to form a taskforce on counsel ethics. The mandate of the taskforce is to consider “whether the lack of international guidelines and conflicting norms in counsel ethics undermines the fundamental protections of fairness and equality of treatment and the integrity of international arbitration proceedings”.

NZ-Australia Apples dispute – urgency for a negotiated outcome?

23 April 2010

When the Trans Tasman political newsletter broke the news that the draft WTO report in the New Zealand-Australia Apples dispute favoured New Zealand, it also reported that the New Zealand and Australian governments were searching for a negotiated settlement. The New Zealand media has been virtually unanimous in calling for such a settlement. We examine the facts and suggest that there is no pressing need for New Zealand to rush to compromise what appears to be a strong legal position.

Negotiations held in Wellington on Anti-Counterfeiting Trade Agreement (ACTA), text released on 22 April 2010

23 April 2010

The text of the controversial ACTA has now been made public for the first time. We briefly summarise its import.

New Zealand-Hong Kong CEP signed 29 March 2010

23 April 2010

The New Zealand-Hong Kong Closer Economic Partnership agreement has been signed and its text made public for the first time. We briefly summarise its import.

Expanded TPP negotiations begin; negotiations continue with Korea and will commence soon with India

23 April 2010

Negotiations are finally underway for the expanded Trans Pacific Partnership Agreement (the TPP), which – as discussed in the December 2009 edition of Connected Asia Pacific – is intended to be an expanded version of New Zealand’s P4 Agreement with Brunei Darussalam, Singapore and Chile.

Update on investment treaty case law

23 April 2010

A number of recent international arbitration decisions raise issues relevant to the investment chapters of New Zealand’s FTAs with China, ASEAN and Malaysia.

New Singapore arbitration decisions

23 April 2010

Two recent decisions from Singapore underscore the difficulties that can arise when disputing parties disagree over the forum for the dispute.

Connected Asia Pacific - April issue

23 April 2010

Welcome to the first issue of Connected Asia Pacific for 2010. This Brief Counsel focuses on developments in international trade, investment and arbitration in the Asia Pacific region. It is intended to assist exporters, importers and investors from or to New Zealand make the most of the rules which increasingly regulate their cross-border activities.

Revised IBA Rules of Evidence for international arbitrations

23 April 2010

The International Bar Association’s Rules of Evidence Review Subcommittee recently released in draft form a revised version of the IBA Rules on the Taking of Evidence in International Arbitration (the revised Rules), the original (and current) version of which came into operation in 1999 and has gained wide acceptance within the international arbitral community.

Trans-Tasman integration: court proceedings and enforcement

18 December 2009

The New Zealand and Australian legal systems came a significant step closer last month, with both Parliaments tabling legislation to implement the 2008 Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement. The majority of these reforms make good sense but the proposed regime will also allow cross-border enforcement of certain regulatory sanctions, which raises more difficult questions.

New Zealand’s free trade agreement progress

18 December 2009

New Zealand has ended the year with a swathe of good news on the free trade agreement front.

WTO Ministerial Meeting in Geneva

18 December 2009

The Seventh WTO Ministerial Conference, held in Geneva from 30 November to 2 December 2009, did not achieve much. Expectations were not high and the results did not defy those expectations. The Conference was not a formal part of the stalled Doha Development Agenda, but it was an opportunity for political will to be shown. Instead, the outcome was a resolution for political will to be shown sometime in 2010.

Carbon border taxes and Groser’s “peace clause”

18 December 2009

On 8 December 2009 New Zealand Trade and Climate Change Negotiations Minister Tim Groser made waves by expanding upon his previous suggestion in May 2009 that a new climate change deal (if there is one) or possibly a completed Doha Roundthe Doha Round (if it is completed) should insert a “peace clause”, similar to that which existed in Article 13 of the WTO Agriculture Agreement. New Zealand has now informally proposed a “5-7 year moratorium” on challenging climate change policy tools under WTO rules.

Australian International Arbitration Amendment Bill

18 December 2009

The Rudd Government tabled on 25 November 2009 the International Arbitration Amendment Bill 2009 in an attempt to update and transform Australia’s arbitration law into a more modern form.

Connected Asia Pacific - December issue

18 December 2009

Welcome to the final issue of Connected Asia Pacific for 2009. This Brief Counsel focuses on developments in international trade, investment and arbitration in the Asia Pacific region. It is intended to assist exporters, importers and investors from or to New Zealand make the most of the rules which increasingly regulate their cross-border activities.

Chapman Tripp Principal named as a leading international arbitration specialist

12 October 2009

Chapman Tripp Principal Daniel Kalderimis has been selected as one of the world’s pre-eminent commercial arbitration specialists by Global Arbitration Review’s International Who’s Who of Commercial Arbitration 2010.

Changes to Australia's and New Zealand's overseas investment regimes

16 August 2009

In recent days, both Australia and New Zealand have announced changes to their screening criteria for the admission of foreign investment. This article looks at the recent developments, on both sides of the Tasman, in view of evolving international investment obligations and offers some thoughts as to some key legal and political issues to be taken into account.

China loses third WTO case

16 August 2009

China’s WTO honeymoon, which began with its accession in 2001, is now over. For the first six years, China was not the object of any adverse WTO decisions. However, with the release of a new Panel report on 12 August 2009, China has now been found in breach of WTO rules for the third time since 2008. All three cases have been brought by the United States, either alone or with other member states.

Thailand loses investment treaty case invoking concept of legitimate expectations

16 August 2009

Sir Ian Barker, the former New Zealand judge, chaired an international arbitral tribunal which on 1 July 2009 issued an award in an investment treaty dispute between a German investor and Thailand. The investor was a minority shareholder in a consortium hired to build and operate a toll highway.

Singapore and Hong Kong update arbitration laws to reflect Model Law

16 August 2009

Hong Kong and Singapore are racing each other to amend their respective arbitration laws to ensure that they remain current and user-friendly.

New Zealand Capital Markets Taskforce Interim Report released

16 August 2009

On 31 July 2009, the Capital Market Development Taskforce issued an Interim Report, which was welcomed by the Government. The Report is relatively detailed for an interim assessment and explores some of the reasons for New Zealand’s persistently thin capital markets.

Connected Asia Pacific - August issue

16 August 2009

Connected Asia Pacific is intended to assist exporters, importers and investors from or to New Zealand to make the most of the rules which increasingly regulate their cross-border activities. We hope you find it helpful and would appreciate any feedback which would help us to target it toward your needs and interests.

Partner Nick Wells interviewed on changes to foreign investment rulespodcast

24 July 2009

Chapman Tripp partner Nick Wells was interviewed on TVNZ's NZI Business program on 24 July 2009. In this interview Nick discusses moves by the government to ease the rules around foreign investment.

The trade and climate change debate – considering the US Clean Energy Bill

07 July 2009

There has been significant domestic attention focused on the Select Committee reviewing New Zealand’s Emissions Trading Scheme, which is yet to report back to Parliament after hearing submissions in May 2009. At the same time, other countries’ domestic developments have been continuing apace. The most important new development is the emissions trading legislation passed at the end of June by the US House of Representatives, which President Obama has called an “extraordinary step” and urged the Senate also to approve.

New NSW procurement policy

07 July 2009

The New South Wales Treasurer announced in its June 2009 state budget a measure which would subsidise local public procurement bids by up to 20% over non-local rivals.

Privacy (Cross Border Information) Amendment Bill

07 July 2009

The Privacy (Cross Border Information) Amendment Bill is currently before the Justice and Electoral Select Committee. The Bill seeks to amend the Privacy Act 1993 to introduce new rules to govern the cross-border transfer of personal data, and to facilitate the cross-border enforcement of privacy laws.

Anti-Money Laundering Bill

07 July 2009

The Anti-Money Laundering and Countering Financing of Terrorism Bill is now before the Foreign Affairs, Defence and Trade Select Committee with submissions due by 6 August 2009.

Connected Asia Pacific - July issue

07 July 2009

Welcome to the third issue of Connected Asia Pacific, Chapman Tripp's monthly Brief Counsel focused on developments in international trade, investment and arbitration in the Asia Pacific region.

PODCAST: Trade wars? The US reintroduction of dairy export subsidiespodcast

16 June 2009

Linda Clark interviews Daniel Kalderimis on the US's reintroduction of dairy export subsidies.

Trade wars – or short-term posturing?

15 June 2009

The United States’ decision to follow the European Union in imposing dairy export subsidies has raised concerns here of a costly trade war between the US and the EU, with New Zealand caught in the middle.

Connected Asia Pacific - June issue

05 June 2009

Welcome to the second issue of Connected Asia Pacific, Chapman Tripp's monthly Brief Counsel focused on developments in international trade, investment and arbitration in the Asia Pacific region.

The milk wars resume? – getting to grips with dairy export subsidies

04 June 2009

On 22 May 2009, the US announced the reintroduction of dairy export subsidies, claiming that its hand was forced by similar EU measures from January 2009. The New Zealand media responded with indignant protests against “protectionism”: the Dominion Post headline declared “Trade Wars: Kiwis’ standard of living at risk”. Both the New Zealand Herald and the Otago Daily Times reiterated fears of a costly trade war between the US and the EU, with New Zealand caught in the middle. Is this hyperbole or a bona fide disaster? In this feature we look at what the US has done, whether it is legal and what are its implications for the world trading system.

Submissions sought on Anti-Counterfeiting Trade Agreement

04 June 2009

Since late 2008 New Zealand has been involved in discussions, led by the US and Japan and including Australia, Canada, the European Union, Japan, Korea, Mexico and Switzerland, over the development of Anti-Counterfeiting Trade Agreement.

Trans-Tasman litigation – a case to bear in mind

04 June 2009

Last month we offered an update on the Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty signed in July 2008 (Trans-Tasman Treaty). In considering how this test may be applied, it is interesting to revisit the High Court of Australia’s November 2008 decision.

Investment chapter of the NZ–China FTA

14 May 2009

Daniel Kalderimis of Chapman Tripp explores a new venture in international law-making.

Welcome to Connected Asia Pacific

07 May 2009

Connected Asia Pacific is Chapman Tripp's new monthly Brief Counsel focused on developments in international trade, investment and arbitration in the Asia Pacific region.

Protecting your investment – new cases show importance of forethought

04 May 2009

Cross-border business typically involves a range of activities – from exporting goods, to providing services to an overseas client, to establishing a joint venture with a foreign partner. Often not widely understood is that these different activities are regulated through different international legal mechanisms and receive differing levels of protection.

Select Committee Report on ASEAN-Australia-New Zealand FTA

04 May 2009

On 8 April 2009, the Foreign Affairs, Defence and Trade Committee of the New Zealand Parliament reported back on the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA). AANZFTA will enter into force on 1 July 2009, provided Australia, New Zealand and at least four ASEAN countries have notified completion of necessary domestic procedures by that date.

Consultations on India FTA / next step in Japan trade initiative

04 May 2009

On 21 February 2009, during a visit by New Zealand Trade Minister Tim Groser, New Zealand and India agreed to launch bilateral free trade agreement negotiations. On 9 April 2009, Mr Groser announced that New Zealand and Japan are establishing a Joint Officials Group to examine ways to further develop their bilateral trade and investment relationship.

Treasury international connections paper

04 May 2009

On 2 April 2009, the New Zealand Treasury released a ‘blue-sky’ paper entitled International Connections and Productivity: Making Globalisation Work for New Zealand (Productivity Paper 09/01).

NZ second round submissions in the WTO Apples Case

04 May 2009

Since December 2007, New Zealand has been involved in a WTO dispute with Australia contesting certain restrictions Australia places on the import of New Zealand apples (said to relate to risks of the diseases of fireblight and European canker).

Trans-Tasman cooperation for civil proceedings – one step closer

04 May 2009

Plans by the Australian and New Zealand Governments to introduce legislation this year to implement the Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty (signed on 30 July 2008) were the lead agenda item when the Standing Committee of Attorneys-General met on 17 April 2009 in Canberra.

Stronger safeguards for local industry

08 April 2009

The Trade (Safeguard Measures) Bill 2008 is now before Parliament. This Brief Counsel examines the Bill and identifies some potential issues for business.

Chapman Tripp partner appointed to Overseas Investment Act review panel

30 March 2009

Chapman Tripp partner Tim Williams has been appointed to the Technical Reference Group charged with assisting the Government in the review of the Overseas Investment Act.

Review of overseas investment regime welcome

17 March 2009

The Government review of the overseas investment regime was today welcomed by Chapman Tripp.

Regulation of lifestyle block-type acquisitions

04 March 2009

The acquisition of lifestyle blocks by overseas persons in New Zealand is governed by the Overseas Investment Act 2005 (Act) and the Overseas Investment Regulations 2005 (Regulations). This article explains who qualifies as an "overseas person" and outlines how the Act impacts the acquisition of lifestyle blocks by such persons.

Chapman Tripp partner Nick Wells interviewed by TVNZ on the Overseas Investment Actpodcast

20 February 2009

Chapman Tripp partner Nick Wells was interviewed by TVNZ on 20 February 2009. The interview addresses our recent Counsel publication “Removing the muddle from the Overseas Investment Act”.

Removing the muddle from the Overseas Investment Act

10 February 2009

The Overseas Investment Act 2005 (the Act) was intended to provide greater protection to “iconic” sites while ensuring a liberal foreign investment regime and reducing compliance costs where feasible. Currently, however, technicalities in the Act are preventing it from achieving the second and third of these objectives. The Act itself, and the regulations supporting it, need to be amended to remove some of the unnecessary “clutter” which is giving rise to these problems.

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