Director Given Community Service and Fined for Unsafe Vessel
Director Given Community Service and Fined for Unsafe Vessel
03 June 2014 | By  Karl Stolberger
In a post script to our earlier case note on the “Easy Rider” fishing boat prosecution, penalties have now been imposed on vessel owner AZ1 Enterprises Ltd, and on the company’s director, both of whom were convicted for breaches of the Maritime Transport Act and the Health & Safety in Employment Act.
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Note to Insolvency Practitioners – Health and Safety Reforms
Note to Insolvency Practitioners – Health and Safety Reforms
29 May 2014 | By  Karl Stolberger
The Health and Safety Reform Bill, which will create a new “Health and Safety at Work Act”, is presently charting its course through Parliament. The intention is that it will come into force on 1 April 2015...
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The Chain of Responsibility
The Chain of Responsibility
28 May 2014 | By  Barbara Versfelt
In 2005, the so called "chain of responsibility” (CoR) offences were introduced in Part 6C of the Land Transport Act 1998 (LTA) and in 2011 the Court was given the power to issue a search warrant to constables investigating such offences.
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Admiralty Claims Trump Cross Border Insolvency
Admiralty Claims Trump Cross Border Insolvency
21 May 2014 | By  Karl Stolberger  | Barbara Versfelt
Korean shipping company STX Pan Ocean Co Ltd (STX), the demise charterer of M.V. New Giant, found itself in financial strife and sought relief under Korean bankruptcy laws to enable a re-organisation of the business to occur. Meanwhile various creditors with claims against the ship sought to protect their themselves by filing proceedings in admiralty and arresting the ship..
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Beware the full frontal selfie
Beware the full frontal selfie
20 April 2014 | By  Rick Shera
Aaron Smith is an All Black rugby player. In New Zealand that means anything he does is newsworthy but it's hard to imagine anything more likely to attract publicity than his full frontal nude selfie that made its way to twitter recently. The way in which this occurred though raises important privacy and criminal law questions.
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The Trans Pacific Partnership Agreement: What could it mean for Authors?
The Trans Pacific Partnership Agreement: What could it mean for Authors?
11 April 2014 | By  Rick Shera
TPP is described as a free trade agreement, but it is much more than that. It is expected to cover trade in goods, tariff reduction, rules of origin, trade remedies and international dispute resolution, sanitary and phytosanitary measures, technical barriers to trade, trade in services, intellectual property, government procurement and competition policy. Its promoters describe it as a comprehensive, gold standard, 21st Century, future proofed agreement ...
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Lowdown - Autumn 2014
Lowdown - Autumn 2014
07 April 2014 | By  Lowndes Jordan
Welcome to the 2014 Autumn edition of Lowdown. This edition covers critical Law Changes in force, as well as ...
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Key considerations for employee share schemes
Key considerations for employee share schemes
03 April 2014 | By  Andrew Wallace
Employee share schemes can be a great way to attract, retain and incentivise staff. They haven’t been widely used in New Zealand, with a big part of the problem being that the rules you need to comply with to offer one make doing so impractical and, in a lot of cases, also undesirable. On 1 April those rules got completely overhauled.
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Director’s Personal Liability for Unsafe Vessel Ops
Director’s Personal Liability for Unsafe Vessel Ops
03 April 2014 | By  Karl Stolberger
Maritime New Zealand v AZ1 Enterprises Ltd and G.M. Davis –Karetai [2014] NZDC We note this case principally as a reminder that those sitting back in the office are not immune from prosecution and can’t, as it were, hide behind the corporate shield where vessels are known to be carrying out unsafe operations...
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Customs Appeals:  Compliance with time limits – a hard lesson
Customs Appeals: Compliance with time limits – a hard lesson
03 April 2014 | By  Karl Stolberger
An Airline v Chief Executive of the New Zealand Customs Service [2014] NZCAA 9 An unnamed airline imported a number of used leased A320 aircraft into New Zealand. Duty was payable on importation. The case related to the correct method of valuing the aircraft on importation for duty calculation purposes. At issue was duty of around $14 million...
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Financial Markets Conduct Act
Financial Markets Conduct Act
02 April 2014 | By  Michael Busch  | Andrew Wallace
On 1 April the first phase of the Financial Markets Conduct Act reforms came into effect. Included in this phase are legislative changes facilitating...
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Five steps to getting the icing on the cake
Five steps to getting the icing on the cake
11 March 2014 | By  Andrew Wallace
You’ve been negotiating the sale of your business and while you’re confident that it’s going to continue to grow as you’re projecting, the buyer just isn’t sure and you’re too far apart on price to reach agreement...
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