Bell Gully: Latest News

Proposed Commerce Act changes

The Select Committee has now reported back on the Commerce (Cartels and Other Matters) Amendment Bill (the Bill), which proposes major changes to New Zealand's competition law regime.

Judicial Review: Being Candid About the Duty of Candour

A party to an application for judicial review has a duty to be candid with the Court and any other party.

RMA reforms – what's on the horizon for 2013?

The Government has been busy in the RMA space, recently releasing two discussion documents. "Improving our resource management system" proposes a number of reforms including to provide greater national consistency and guidance, ensure there is more efficient and effective consenting, and have fewer resource management plans.

Further reforms to tax treatment of land-related lease payments

The Inland Revenue has proposed further reforms to the tax treatment of payments relating to leases and other interests in land.

A free flow of information across the Tasman

It took Parliament over four years to enact legislation that enables the Commerce Commission (the Commission) to better share information with, and provide assistance to, overseas regulators.

Government proposes to speed up Authority determinations

An Employment Relations Amendment Bill was introduced in Parliament on Friday. The Bill is intended to improve fairness and flexibility in employment relations in New Zealand.

"Mondayising" Anzac Day - Holidays Act obligations for employers

The passing of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (which "mondayises" Waitangi Day and ANZAC Day should they fall on a weekend) and ANZAC Day on 25 April, is a timely opportunity to remind employers of their obligations around public holidays.

Voidable defence is further limited

Section 296(3) of the Companies Act 1993 (the Act) provides a defence to creditors who have received a payment found to be a voidable transaction under section 292 of the Act.

Dismissal for criminal conviction justified

The Employment Relations Authority recently determined in the case of Hallwright v Forsyth Barr Ltd (March, 2013) that the dismissal of Guy Hallwright, a senior investment analyst at Forsyth Barr, was justified as his highly publicised criminal conviction brought Forsyth Barr into disrepute and compromised Mr Hallwright's ability to do his job.

New Commerce Commission merger guidelines

The New Zealand Commerce Commission is currently consulting on draft guidelines to replace the existing Mergers and Acquisitions Guidelines (clearance guidelines) and Guidelines to the Analysis of Public Benefits and Detriments (authorisation guidelines).