Bell Gully news

Legislation for New Zealand's last frontier
The Minister for the Environment, the Hon Nick Smith, announced that the Government is to introduce new legislation for the Exclusive Economic Zone (EEZ) and the Extended Continental Shelf (ECS).

New NES on Soil Contamination – A Clear Direction
The proposed National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (the NES) was announced by the Environment Minister yesterday. This is the first national control on soil contamination since the RMA was enacted. 

Bell Gully wins New Zealand deal team of year award
The Bell Gully Corporate team was named New Zealand Deal Team of the Year at the ALB Australasian Law Awards in Sydney.

What a difference a day makes
Both parties to a contract often think they have a right to cancel the contract as a result of the other's breach. The Supreme Court's decision last week in Ingram v Patcroft Properties Ltd [2011] NZSC 49 demonstrates that who is right can have drastic consequences.

CCH New Zealand Budget Report 2011
Leading up to the release of the 2011 Budget, Prime Minister John Key stated that "Budget 2011 will be responsible and measured, setting a credible path back to surplus while at the same time continuing to boost frontline health and education services, and helping to pay for the rebuild of Christchurch. It would ensure growth is built on the solid foundation of savings, exports and productive investment."

Young lawyer with impressive versatility wins CLANZ-Bell Gully award
A lawyer noted for her "impressive versatility" was named the winner of the 2011 CLANZ-Bell Gully Young In-House Lawyer of the Year Award.

Broad interpretation given to employer's good faith duty to provide relevant information
The Employment Court held that an employer conducting a restructuring process should have provided to unsuccessful candidates information concerning other candidates, including information in the minds of selection panel members, notwithstanding confidentiality and privacy constraints (Vice-Chancellor of Massey University v Wrigley & Kelly, 18 April 2011).

Commerce Act penalties – the bigger they are, the harder they fall?
On 19 April 2011, the High Court imposed a penalty of $12 million on Telecom for breaches of section 36 of the Commerce Act 1986 (the Act), the highest penalty ever imposed under the Act (Commerce Commission v Telecom, High Court, Auckland, 19 April 2011, Rodney Hansen J).

National Policy Statement for Freshwater Management – A New Direction?
The Government provided its initial response to the Land and Water Forum's final report and outlined the ongoing forward work programme on the 'Fresh Start for Fresh Water'.

Bell Gully features in international employment law guide
Two of Bell Gully's employment law specialists, Rob Towner and senior associate Tim Clarke, have drawn upon their expertise in authoring the New Zealand chapter to the second edition of The Employment Law Review.

On trial or probation? Requirements and consequences
Before the introduction of statutory trial periods in New Zealand in 2009, the terms "trial period" and "probationary period" were commonly used interchangeably to describe a test run period of employment. In fact, the Employment Relations Act (ERA) itself refers to a "trial" in section 67 describing probationary arrangements. However, with the advent of the statutory "trial period" as specifically defined, these terms take on different significance, and have different requirements and consequences.

Customs Duty Update - Value for Duty Revisited
Customs duty may increase to include certain payments made to a third party.

New enforcement powers for FMA and criminal liability for breaches of directors' duties on the horizon
The FMA's new public enforcement powers and the Cabinet proposal to create criminal liability for intentional and egregious breaches of directors' duties, which the Ministry of Economic Development (MED) is now developing in the context of its review of securities laws.

Picking up on the wrong signals: Flirting with Danger
On the 24 March 2011, the Australian Government introduced the Competition and Consumer Amendment Bill (No.1) 2011 (the Bill) which proposes to prohibit price signalling and other anti-competitive information exchanges.

Bell Gully's pro bono programme continues to grow
A report issued by Bell Gully on its pro bono and community programme, which was formalised in 2009, has highlighted the firm's commitment to supporting not-for-profit organisations throughout New Zealand.

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Enquiries and information

For more information on any of the cases, articles and features in Financial Services Quarterly, please email Rachel Gowing or call on 64 9 916 8825.