Commercial business law

Contractual Remedies Act provides additional liability for assignees
A recent Court of Appeal case has confirmed that the Contractual Remedies Act 1979 alters the common law position applicable to contractual assignments by finding that a contract and its benefit together with its burden may now be assigned. This opens the way for the non-assigning party to bring an independent cause of action against the assignee for a breach of the assignor's obligations.

RMA bill – still room for improvement
The Local Government and Environment Committee reported back on the Resource Management (Simplifying and Streamlining) Amendment Bill in August 2009. The select committee has redressed a number of the concerns identified by Bell Gully in the first draft of the bill. However, as outlined by senior partner David McGregor, partner Andrew Beatson and senior solicitor Vivienne Holm in this update, Bell Gully still has serious concerns with several of the proposals.

Anti-Money Laundering and Countering Financing of Terrorism Bill
Bell Gully has prepared a practical guide to assist you to understand the Anti-Money Laundering and Countering Financing of Terrorism Bill introduced to Parliament in June.

Major changes proposed to search and surveillance powers
Parliament is currently considering a law change that could mean increased powers of search and surveillance for a number of regulatory agencies, including the Commerce Commission, local authorities and the Overseas Investment Office. In this article, senior associate Peter Jenkins and solicitor Jesse Wilson outline the background to and key features of the new Search and Surveillance Bill 2009.

Defrauding creditors by transferring assets to trusts
The Supreme Court has provided further guidance on when it will rule that the transfer of assets to a trust constitutes intent to defraud creditors.

Enquiries and information

For more information on any of the cases, articles and features in Commercial Quarterly, please email Diane Graham or call her on 64 9 916 8849.