Tompkins Wake is the law firm that clients turn to for help on the matters most important to them. We use our collective knowledge and expertise to develop solutions to the complex and sophisticated challenges our clients present.
COVID-19 Hub
Corporate insolvency and directors' duties changes
Monday 6 April, 2020
Due to the impact of COVID-19 and the lockdown, some businesses are already facing cashflow difficulties. Many countries have already made changes to their corporate insolvency laws in order to help businesses survive until the economy starts to recover.
COVID-19 and care arrangements
Wednesday 1 April, 2020
COVID-19 has descended upon us as an unprecedented event and at an unprecedented speed. There was little warning given to the New Zealand public about the Alert Level 4 lockdown. For separated families, there was little time to consider how the lockdown would affect their children and their care arrangements.
Immigration and COVID-19 Chatbot
Friday 27 March, 2020
The international restrictions imposed in order to try and contain COVID-19 have led to unprecedented immigration issues. Our new immigration chatbot will help you work out how New Zealand’s border closures affect you and what you need to do about it.
COVID-19 Employment Considerations
Friday 27 March, 2020
As you will be aware, the government recently announced that New Zealand has entered level three of our COVID-19 alert system, and that level four will be put in place from 11:59pm on Wednesday, 25 March 2020. We are expected to remain at level four for at least four weeks.
COVID-19 and Commercial Leases
Wednesday 25 March, 2020
As of midnight on Wednesday, 25 March, an unprecedented number of New Zealand businesses will not be able to gain access to their business premises due to Government restrictions to prevent the spread of COVID-19. If their lease is on the current (sixth) edition of the Auckland District Law Society (ADLS) form of lease, it is likely to contain a “no access” clause allowing for a reduction in rent where there is an emergency and the tenant can’t gain access...
Director's Duties - Reckless Trading
Wednesday 25 March, 2020
There is huge uncertainty in the current environment due to the impact of Covid19 and the unprecedented Level 4 ‘lockdown’ affecting businesses. Many companies will be facing cashflow difficulties and, unless they can source additional capital, directors will be in the difficult position of having to assess whether to continue to trade in circumstances where the company may not be able to pay all creditors when due.
Collaboration within the Commerce Sector in response to COVID-19
Wednesday 25 March, 2020
The Government has requested the Commerce Commission to be flexible around essential business collaboration in the short term due to the exceptional circumstances created by COVID-19.
The Commerce Act 1986 prohibits anti-competitive agreements between competitors, however, as a result of COVID-19, essential business sectors may work together...
Preparing for Alert Level 4
Monday 23 March, 2020
New Zealand businesses are facing unprecedented restrictions as the country prepares to move to Alert Level 4. Our new chatbot will help you work out what this means for your business.
Tompkins Wake - Working from home
Monday 23 March, 2020
Following the Prime Minister's announcement on Saturday 21 March, which moved New Zealand to Alert Level 2 and the subsequent move to Alert Level 4 Tompkins Wake has mobilised our remote working plan, and our offices are closed. The entire firm is now working remotely and is fully operational to continue to serve our clients needs.
Employers' Obligations & COVID-19 Chatbot
Thursday 19 March, 2020
Many employers are struggling with the effects of COVID-19, whether its disruptions to staffing levels, struggling to pay staff due to the economic downturn, or wondering how to meet their health and safety obligations around COVID-19. Our new employment chatbot will help you work out if you’re eligible for the Government’s wage subsidy or leave payments, and look at the health and safety preparations that you have made for COVID-19.
COVID-19 Chatbot - Force Majeure Check
Monday 16 March, 2020
As country after country closes its borders or shuts down, businesses are starting to feel the effects of coronavirus and some may find themselves unable to meet their contractual obligations. All businesses affected by coronavirus should be reviewing their contracts to see if they have a ’force majeure’ clause that covers them for these effects. Our new coronavirus legal bot can help
Is Coronavirus impacting your business?
Monday 16 March, 2020
Three months have passed since the outbreak of the Coronavirus (COVID-19) was first reported in Wuhan, China. Following the significant growth of confirmed cases outside China, most recently in Italy, South Korea and Iran, the World Health Organization (WHO) has advised that the world should do more to be prepared for a possible Coronavirus pandemic.
Frustration in the time of COVID-19
Monday 16 March, 2020
As country after country closes its borders or shuts down all non-essential businesses, the effects of coronavirus are really starting to be felt. Some businesses may find themselves unable to meet their contractual obligations, whether because of shortages of labour or materials, movement restrictions, or downturns in their business.
What is a trade mark?
Wednesday 11 March, 2020
Do you know the difference between this symbol ® and this symbol ™? The ® indicates a registered trade mark, which means that the holder of the trade mark has the exclusive right to use that trade mark in relation to nominated categories of goods and/or services in New Zealand. The ™ indicates an unregistered trade mark, which only has limited legal protection in New Zealand.
Could companies be liable to the public for the harm caused by their emissions?
Tuesday 10 March, 2020
The High Court says that it’s arguable. In a recent decision, it dismissed the possibility that corporate emitters were committing a public nuisance or were liable for negligence but refused to strike out an argument that there was a new duty relating to climate change emissions.
Changes to the Fair Trading Act
Thursday 27 February, 2020
Late last year, the Government introduced a Bill to amend the Fair Trading Act 1986. The purpose of this Bill is to protect consumers and small businesses from ‘unfair’ commercial practices.
There are three key changes proposed, read the full article to find out what they are.
Tompkins Wake appoints five new lawyers
Thursday 27 February, 2020
Tompkins Wake has added five new lawyers across three of their four offices, further bolstering the firm’s capability across a broad range of legal sectors. Senior Solicitors Jasmine Findlater and Michelle Urquhart will be based in the Rotorua office, Solicitor Charlotte Lunt, and Associate Wendy Embling in Hamilton, and Senior Associate Juliet Short in Auckland.
Agricultural Emissions: Farm plans and measuring emissions
Monday 17 February, 2020
This is the second article in our series of three relating to the proposed changes to the Emissions Trading Scheme. The first article outlined the main changes; this article focuses on agricultural emissions.
Tompkins Wake a rising star in Legal 500 rankings
Friday 31 January, 2020
A raft of rankings in the Asia Pacific Legal 500 is yet another feather in Tompkins Wake’s cap. The Hamilton-based law firm gained rankings in six practice areas in The Legal 500 rankings (up on two the year prior) and now has 16 recommended lawyers – seven more than last year. And, it is the only law firm in the Waikato and Bay of Plenty to be ranked in The Legal 500 Asia Pacific this year.
What to do if an employee is damaging your business
Thursday 30 January, 2020
There’s been a lot in the news recently about the brand damage that the Royal Family has suffered through recent actions by some of its members. The fact that those damaging the brand are family members makes it harder to take decisive action. But what can a business do if an employee damages its brand?
A battle Royal over Registration
Thursday 23 January, 2020
The Guardian has reported that Harry and Meghan are facing a potential legal battle over their brand ‘Sussex Royal’ after someone else lodged an application with the EU Intellectual Property Office to trade mark a range of goods, including alcohol, beer and luggage under ‘Sussex Royal’. If you haven’t protected your brand, it can come as a huge shock to have someone else register a trade mark that you have been using, and then object to you using it.
Climate Change Response (Emissions Trading Reform) Amendment Bill
Wednesday 22 January, 2020
Submissions have recently closed on another Bill amending the Climate Change Response Act. The Climate Change Response (Emissions Trading Reform) Amendment Bill seeks to reduce greenhouse gas emissions by making changes to the Emissions Trading Scheme, as well as improving the operation of New Zealand’s emissions trading scheme (ETS).
Tompkins Wake announces new Partner appointment
Friday 20 December, 2019
Tompkins Wake is pleased to announce the promotion of Philip Monahan to Partner. The senior corporate lawyer joined Tompkins Wake in 2012 after working in London for magic circle firm, Baker & Mckenzie. Highly experienced in advising domestic and international clients on complex transactions, he is also the driving force behind Tompkins Wake's SME project AdviSME, the automated and AI powered legal solution for New Zealand’s small-medium businesses, that l...
Better protections for contractors
Thursday 19 December, 2019
Businesses might find themselves in the position of having to prove their workers are contractors, not employees, under a new set of proposals released by the Ministry of Business, Innovation and Employment (“MBIE”). MBIE has released a discussion document seeking feedback on a range of options to improve the rights of contractors and address the vulnerability that some contractors face in the workplace.
Record fine for privacy breaches
Thursday 19 December, 2019
A German company has recently been fined €14.5 million for breaching the General Data Protection Regulation (GDPR), the highest-ever GDPR fine imposed on a German company. The GDPR is the core of Europe’s digital privacy legislation, not only covering information like names, addresses and photos, but also IP addresses and genetic and biometric data. Under the GDPR, organisations must ensure that personal data is gathered legally, and under strict conditi...
Equal sharing to stay for now
Monday 16 December, 2019
In July 2019, the Law Commission recommended ending equal sharing of the family home if one partner had owned the property before the relationship began. The Commission also recommended giving courts greater powers to access and divide trust property and the introduction of new Family Income Sharing Arrangements.
Will climate-related financial disclosures be compulsory for NZ businesses?
Monday 2 December, 2019
MBIE has released a discussion document for consultation on whether NZ businesses should be subject to mandatory reporting of climate-related information and seeking information on the cost to businesses of introducing mandatory reporting.
Minimum wage obligations and how to meet them
Tuesday 26 November, 2019
Did you know that employers are obliged to pay salaried employees at least the minimum wage for every hour that they work? Many employers think that they can average hours worked to comply with minimum wage legislation, but the courts have expressly stated that this is unacceptable.
Trusts Act 2019: Removal of Trustees
Wednesday 20 November, 2019
More and more New Zealand trusts are facing problems due to trustees losing mental capacity from dementia or other age-related issues. At the moment, if a trustee loses capacity, they cannot retire as a trustee. They have to be removed by the person who has the power to appoint and remove trustees of the trust.
Trusts Act 2019: Beneficiaries' rights to information
Wednesday 20 November, 2019
The new Trusts Act clarifies and codifies beneficiaries’ rights to certain trust information to help beneficiaries make sure that the trustees are complying with their duties and the terms of the trust.
Lime Scooters - a new option
Thursday 10 October, 2019
The recent introduction of Lime Scooters to New Zealand’s major cities has presented people with the option to glide quickly and effortlessly across the CBD on an electric scooter. People on a Lime Scooter do not waste precious minutes searching for a carpark or spend money on parking.
Trusts Act 2019: Trustees' duties
Thursday 10 October, 2019
Last week we explored the purpose of the new Trust Act 2019 and some of the administrative changes that are being made to trusts in New Zealand. This week, we are looking at one of the most important aspects of the new Act: the changes to trustees’ duties.
Trusts Act 2019
Thursday 10 October, 2019
Trustees, settlors and beneficiaries should all be aware that there is a new Trusts Act 2019, which comes into force on 30 January 2021. The new Act makes some significant changes to current trust law, and everyone who is involved with a Trust needs to know the new legislation.
How can you identify the subject of an anonymous defamatory statement?
Thursday 10 October, 2019
A recent Privy Council decision considered whether a defamatory statement that did not identify anyone can be read together with a later statement that identified a person but was not defamatory. The Court decided that, in certain circumstances, you can join the two statements together as grounds for an action in defamation.
Draft National Policy Statement for Highly Productive Land
Thursday 3 October, 2019
The Ministry for the Environment and the Ministry for Primary Industries are currently seeking consultation on a proposed National Policy Statement for Highly Productive Land (“NPS-HPL”).
Submissions on the proposed NPS on Highly Productive Land close on 10 October 2019.
Tompkins Wake a quadruple finalist in the 2019 NZ Law Awards
Wednesday 2 October, 2019
Tompkins Wake has been shortlisted for four awards at the 2019 New Zealand Law Awards, one more than last year and three more than 2016.
And the firm has been a finalist in ‘Deal of the year’ categories for four years running.
Draft National Policy Statement for Urban Development
Tuesday 1 October, 2019
The Ministry for the Environment and the Ministry of Housing and Urban Development are currently consulting on a proposed National Policy Statement ("NPS-UDC") on Urban Development. Submissions close 10 October 2019.
Draft National Policy Statement for Freshwater Management 2019 for consultation
Tuesday 1 October, 2019
The Ministry for the Environment and the Ministry for Primary Industries have released a draft proposed National Policy Statement ("NPS") for Freshwater Management for consultation. Submissions close on 17 October 2019.
Withdrawing Charges under the RMA
Thursday 29 August, 2019
The District Court recently refused to grant Canterbury Regional Council (“Regional Council”) leave to withdraw charges under the RMA against a defendant. In the case in question, the Regional Council alleged that Bathurst Coal had discharged sediment-laden water onto land which resulted in contaminants entering the Bush Gully Stream.
Resource Management Act Review
Wednesday 28 August, 2019
On 24 July 2019, David Parker, Minister for the Environment announced that the Government is establishing an expert advisory group to undertake a wide review of the RMA, including how it interrelates with transport, climate change and local government laws. The group will provide an ‘options and issues’ paper seeking feedback by the end of October 2019, and a final report to the Minister by the end of May 2020 with proposed draft legislative changes.
Consultation is not a "referendum"
Wednesday 28 August, 2019
The High Court has confirmed that the Local Government Act 2002 (”LGA”) does not give a participant in a particular process the right to have input into a Council’s consultation material, nor does it oblige a Council to accept the preference of the majority of submitters in respect of a LGA process.
Climate Change Response (Zero Carbon) Amendment Bill
Wednesday 28 August, 2019
Submissions on the Climate Change Bill have now closed, with the Select Committee report due on 21 October 2019. This Bill will amend the Climate Change Response Act 2002. The purpose of the Bill is to provide a framework for New Zealand to develop and implement climate change policies to comply with the Paris Agreement to limit the global average temperature increase to 1.5°C above pre-industrial levels.
Tompkins Wake a proud sponsor of influential infrastructure symposium
Wednesday 21 August, 2019
Tompkins Wake is proud to be a sponsor of Infrastructure New Zealand’s annual Building Nations Symposium which kicks off in Rotorua today.
It is the country’s largest infrastructure conference with more than 700 delegates attending over three days.
Resource Management Act Review
Friday 2 August, 2019
The Minister for the Environment has announced the establishment of an expert advisory group to undertake a wide review of the RMA, including how it interrelates with transport, climate change and local government laws. The group will provide an ‘options and issues’ paper seeking feedback by the end of October 2019, and a final report by the end of May 2020 with proposed draft legislative changes.
The key objectives are…
Businesses can't remove bad reviews
Thursday 1 August, 2019
The Commerce Commission has filed charges under the Fair Trading Act against holiday rental management and booking company Bachcare. The Commission alleges that Bachcare did not publish reviews if consumers had given fewer than 3.5 out of 5 stars and removed negative comments from some reviews before putting them on its website. The Commission believes that this created misleadingly positive impressions of some properties.
Traders are not legally oblige...
Australian defamation decision raises risk for public Facebook pages
Thursday 1 August, 2019
A recent Australian judgment has found several media companies liable for defamation after members of the public posted defamatory comments on the companies’ public Facebook pages. The Court thought that it was significant that the media companies had the ability to delay publication of comments until after they had reviewed them.
In this article, we examine the judgment and discuss whether it could apply in New Zealand…
Is this the end of equal sharing?
Wednesday 31 July, 2019
The Law Commission released a report on relationship property rules on 23 July 2019. The most significant recommendation suggests ending the equal division of the family home when the home was owned by one partner before the relationship or was received by one partner as a gift or inheritance during the relationship.
The Law Commission also recommends introducing income sharing arrangement, so that partners will continue to share their income for up to...
Shared vision for city connects Stark Property, Tompkins Wake
Monday 1 July, 2019
A shared vision for Hamilton to thrive and grow is at the very heart of the connection between Stark Property and Tompkins Wake. That, and the friendship between two friends that began at youth group.
Stark Property director Matt Stark grew up with Tompkins Wake partner Scott Ratuki, bonding over a shared a love of music and remained firm friends. So, when Matt needed assistance with some of the company’s larger projects, he called on Scott and his team a...
Why have a dress code?
Friday 28 June, 2019
Wardrobe choices can affect how customers or clients perceive you or your employees. Clothing choice can also improve performance at work and increase respect from others. How employees present is part of a company’s brand and businesses should consider whether their dress code policy is consistent with the brand they want to portray.
There are many studies which demonstrate a link between how we dress and how others perceive us. Studies have shown th...
Availability Provisions Clarified
Thursday 13 June, 2019
A recent decision of the Employment Court has clarified the reach of availability provisions. This decision has an impact for all employers who require their employees to be available to work overtime. The case of Postal Workers Union of Aotearoa Inc v New Zealand Post Limited [2019] NZEmpC 47, considered the question of whether a clause in the employment agreement requiring employees to perform extra hours of work in addition to their standard hours (ov...
Quarry covenants affecting Synlait's new Pokeno dairy factory
Thursday 13 June, 2019
The Court of Appeal has recently delivered a decision on land covenants restricting land use, which affects the land Synlait has constructed its new $250 million Pokeno dairy plant on. The Court of Appeal has ruled that the land covenants be reinstated, meaning the plant has been constructed in breach of covenants restricting the use of the land in a way that prevents its use for a dairy factory.
Consultation obligations for Outsourcing contracts
Thursday 13 June, 2019
We have been involved in several recent instances in which a local authority planned to outsource its water and/or wastewater operations. Local authorities are prohibited from selling their relevant assets unless it is to another local authority or CCO, so these arrangements typically take the form of long term operations contracts.
Local authority requiring monetary contributions on designations
Thursday 6 June, 2019
The Environment Court in Tauranga City Council v Minister of Education [2019] NZEnvC 32 has confirmed that a local authority has the power to recommend, and that the Environment Court has the power to impose, conditions requiring monetary contributions on designations in circumstances where the requiring authority has not offered such conditions on an Augier basis. This clarifies the position that the application of the general principles of section 108 of...
What timely legal advice could have avoided
Thursday 6 June, 2019
The benefit of timely (and early) legal advice on council notification decisions in contentious resource consent applications has been highlighted in the recent High Court decision in Royal Forest and Bird Protection Society of New Zealand Inc v Northland Regional Council & Resin and Wax Ltd [2019] NZHC 449 [15 March 2019] (Resin & Wax Decision).
Employment Law Changes
Friday 31 May, 2019
The introduction of the Labour government has seen a recent shake up to employment legislation. Many of the changes are a restoration of standards and protections for employees as well as being intended to promote and strengthen collective bargaining and union rights in the workplace.
The changes came in two waves, with the second set of changes taking effect on 6 May 2019. The changes likely to have the greatest impact on employees and employers ali...
Waikato Innovation Park - a relationship based on trust and understanding
Friday 17 May, 2019
As the chief executive of Waikato Innovation Park, Stuart Gordon lives and breathes agritech, ICT and smart protein. It’s a sector experiencing rapid change and growth so it’s imperative, says Stuart, that his organisation is supported by those who understand the market, and the challenges and opportunities it presents.
“That’s where Tompkins Wake is invaluable in the service they provide,” Stuart said.
AdviSME launch set to disrupt legal SME industry
Thursday 9 May, 2019
AdviSME is the brainchild of Tompkins Wake. It uses automation and AI to provide innovative and affordable legal solutions for SMEs. Small-medium business needs to be nimble and agile, requiring responsive legal services with certainty and surety on cost and quality.
Tompkins Wake recognised for its commitment to innovation
Wednesday 8 May, 2019
Tompkins Wake has been named as one of 15 New Zealand law firms recognised as being at the forefront of innovation by NZ Lawyer.
The publication made the announcement this week, acknowledging firms that it deemed “not afraid to embrace change and drive the legal profession forward”. After a strategy refresh in 2016, Tompkins Wake embarked on program of continuous improvement and innovation. Now considered part of the firm’s ‘business as usual’, innovati...
Tompkins Wake announces the promotion of legal specialists
Tuesday 7 May, 2019
Tompkins Wake is pleased to announce the promotion of two legal specialists across its Hamilton and Rotorua offices.
Becky Brown is now a senior associate, and Christine Gavin has been promoted to associate.
Tompkins Wake and Chiefs Rugby - a great partnership on and off the field
Wednesday 17 April, 2019
Tompkins Wake is more than a proud sponsor of the Chiefs – they have become part of the rugby franchise’s family.
These two high performing teams have been working together since 2013 when then-board chair Dallas Fisher brought Tompkins Wake on board to assist the franchise to become a limited partnership.
Tompkins Wake welcomes new partner
Wednesday 17 April, 2019
Tompkins Wake has welcomed Michael Shanahan to the firm's partnership, with the experienced corporate lawyer joining their Auckland office.
Senior litigator promoted to Special Counsel
Wednesday 17 April, 2019
Simon’s promotion to Special Counsel reflects the very high standard that his legal skills and knowledge have attained and his commitment to delivering excellent service to his clients, including his internal clients
More growth for Tompkins Wake in Auckland
Friday 12 April, 2019
National law firm Tompkins Wake has welcomed several new faces to its Auckland team, almost doubling in size in the past six months.
Recent high-profile appointments in the Auckland office include partner Liz Lim, special counsel Nicky Thomas, partner Campbell Izzard and partner Mike Shanahan. In addition, litigation specialist Simon Jass has been promoted to special counsel.
Tompkins Wake awarded Rainbow Tick
Friday 12 April, 2019
Tompkins Wake is the first Waikato law firm to be awarded the Rainbow Tick – a programme designed to help an organisation ensure it’s a safe and welcoming workplace for all its employees.
Privacy Bill: Select Committee Report
Thursday 4 April, 2019
Almost a year after the Privacy Bill was first introduced, the Select Committee has provided its much awaited report. The Select Committee has made some significant changes to the Bill, including additional changes to the Privacy Principles and clarifications around the transfer of personal information offshore.
Bella Vista: MBIE Report highlights failure to perform statutory functions
Friday 29 March, 2019
MBIE has released a report of its review of Tauranga City Council’s (“Council”) performance of its functions under the Building Act 2004 with respect to the Bella Vista development. It concludes that there were a number of reasons for the Council’s failure to perform its regulatory functions.
High Court strikes out a judicial review for trade competition
Tuesday 19 March, 2019
Sheffield Properties Ltd (“Sheffield”), with interests within the Paraparaumu Town Centre, sought judicial review of the decision by Kapiti Coast District Council (“the Council”) to approve Private Plan Change 84 - Airport Zone (“PC84”).
Government establishes new Infrastructure Commission
Tuesday 19 March, 2019
The Minister for Infrastructure, Shane Jones, has announced the establishment of a new independent infrastructure body, the New Zealand Infrastructure Commission, ‘Te Waihanga’.
Council's statutory demand upheld
Tuesday 19 March, 2019
The High Court has declined to set aside a council’s statutory demand for a $415,493.45 debt for development contribution levy. The case is reassuring for local authorities.
Court of Appeal guidance on obligation to pay rates
Tuesday 19 March, 2019
The Rogans were unhappy about having to pay substantially increased rates because of a major cost overruns in the construction of a wastewater treatment plant in Kaipara District. At the time, they refused to pay rates. Later, they offered to pay the outstanding rates but not penalties. They said that the rates assessments and invoices did not comply with the statutory requirements. Kaipara District Council took recovery proceedings.
Court sends warning on poorly drafted consent conditions
Tuesday 19 March, 2019
The Environment Court recently issued strong warnings that poorly framed conditions could impact the Court’s decision-making. Those warnings went unanswered by the Applicant which resulted in the release of an interim decision only.
Tompkins Wake CE calls on others to commit to Gender Equality Charter
Monday 18 March, 2019
Tompkins Wake chief executive Jon Calder is calling on other Waikato law firms to support the Law Society’s Gender Equality Charter. At an Institute of Directors lunch earlier this month, Calder spoke about his firm’s commitment to the Charter and the work it is doing to meet the Charter requirements – and issued a challenge.
A glimpse into the Personal Property Securities Register
Thursday 14 March, 2019
The use of credit is an essential part of commercial transactions and is made easier by, and usually dependent on, the debtor’s ability to provide security for the credit. Security interests over personal property (for example, plant and equipment, trucks, trailers and tractors, stock in trade, accounts receivable and the like) are granted on a daily basis in New Zealand. The rules relating to these security interests are set out in the Personal Property ...
Case highlights risk of assuming a director has authority to contract
Wednesday 13 March, 2019
It is common practice for a director to sign documents on behalf of the company. A recent case serves as a reminder that it cannot be assumed, unless the company only has one director, that a contract signed by a single director is enforceable against the company.
Tompkins Wake welcomes new partner
Monday 11 March, 2019
New partner Campbell Izzard has joined Tompkins Wake’s Auckland team this month.
Campbell’s career to date has a distinctly international flavour. Originally from the Waikato, Campbell spent two years after finishing secondary school in the mid-1990s learning Mandarin at a language university in Beijing. That would be the catalyst for spending much of his legal career practising internationally.
Can a trustee use trust funds for litigation costs?
Tuesday 5 March, 2019
Trustees are generally entitled to reimbursement for costs properly incurred in the administration of a trust. There are however limitations to that principle, particularly in respect of litigation costs. This issue was addressed in the recent Court of Appeal decision of Pratley v Courtney (2018) CA40/2018 NZCA 436, which concerned an appeal against a decision of the High Court.
Press Release: Two-step RMA reform to start by fixing the government's blunders
Wednesday 28 November, 2018
A two stage process to improve the resource management system was announced today [9 November 2018] by Environment Minister David Parker. The changes are separate from the legislation to set up an Urban Development Authority to fast-track housing and urban development projects. “The Resource Management Act is underperforming in some critical areas and needs fixing,” David Parker said.
Email quarantine: getting it right
Tuesday 27 November, 2018
Councils, like other employers, have obligations to protect their employees from harm. Quarantining abusive or offensive emails is one method of doing so. However, Councils must tread carefully.
Chief Ombudsman upholds Auckland Council's restrictions on stadium reports
Tuesday 27 November, 2018
Two Auckland councillors complained to the Ombudsman about lack of access to two “pre-feasibility” reports on the proposed national stadium in Auckland. Councillors were provided unredacted copies on the basis that the reports were not copied, that they were kept in a secure location, and that they were returned to the mayor’s office once the councillors had read them. The Ombudsman has upheld the Council’s decision to impose these conditions.
The Government's Three Waters Review
Tuesday 27 November, 2018
The ripple effects of the Havelock North water crisis continue to make themselves felt. The government’s three waters review has resulted in a November 2018 cabinet paper that lays out the regulatory pathway that the government will pursue. Over the 2019 year this comprises detailed policy proposals for...
Recent decision on "affected persons" highlights the importance of context
Tuesday 27 November, 2018
In Ennor v Auckland Council [2018] NZHC 2598, Whata J adopted the threshold test for an “affected person” under s 95E of the Resource Management Act 1991 (“RMA”) and addressed the importance of context in notification decisions. The Court considered an application for judicial review of the Council’s decision to grant a neighbours’ resource consent to extend the rear of their house and install a pool.
Land Transfer Act 2017
Tuesday 27 November, 2018
The Land Transfer Act 2017 came into force on 12 November 2018. It is a significant rewrite of important Property Law legislation – but what impact does it have on local authorities? There is a lot of new terminology. The Act introduces the concept of a Record of Title which replaces what was previously referred to as a Certificate of Title or, since the introduction of Landonline, a Computer Register.
Tompkins Wake celebrates CEO of the Year at business awards
Monday 5 November, 2018
Law firm Tompkins Wake’s chief executive Jon Calder was named CEO of the Year at the prestigious Westpac Waikato Business Awards on Friday night.
Jon took up the role at the Hamilton-headquartered firm in January 2016. Prior to that he was chief executive of the New Zealand National Fieldays and Mystery Creek Events Centre. Tompkins Wake is the largest law firm in the North Island outside of Auckland and Wellington.
Deemed Directors and nervous employees
Thursday 11 October, 2018
The law requires the business and affairs of a company to be managed by, or under the direction or supervision of, the board of directors (“Board”). The Board can delegate some of those management powers to employees, but where employees exercise management powers (whether properly delegated or not) there is a risk that they may be personally exposed to the liabilities of a company director, even where they have not been appointed a director and might nev...
Are you dating or in a de facto relationship?
Friday 28 September, 2018
One issue that commonly arises is whether a couple are in a de facto relationship. The reason why this is so important, is that the equal sharing rules of relationship property law apply to de facto relationships of 3 years or more. It also applies to de facto relationships under 3 years, where there is a child and other factors are met.
Court of Appeal Decision in R J Davidson Family Trust
Tuesday 25 September, 2018
The much-anticipated Court of Appeal decision on an appeal from the High Court on the question of whether a consent authority can, or should, have recourse to Part 2 of the Resource Management Act 1991 (“RMA”), when considering resource consent applications under section 104 of the RMA.
The role of Councils in the 'foreign buyer ban'
Monday 24 September, 2018
Councils should ensure that a property’s “property category” is included in the searchable property information available on their websites.
Environment Court's Annual Review 2017
Monday 24 September, 2018
The Environment Court has just released its fourth Annual Review, covering the Court's activities in the 2017 calendar year. This article provides a snapshot of the Annual Review.
High Court finds Council liable in negligence for damage from fallen tree
Monday 24 September, 2018
The High Court has held that the Queenstown Lakes District Council (“Council”) breached its duty of care to Plaza Investments Ltd (“Plaza”) by failing to prevent a rotting 30-metre-tall Lombardy poplar tree in a Council-owned park from falling onto Plaza’s motel. Council was found liable for the amount required to repair Plaza’s property.
Court of Appeal recognises new public interest defence to defamation claims
Friday 21 September, 2018
In our ‘Defamation Update’ on 15 September 2017, we discussed the High Court decision in Durie v Gardiner [2017] NZHC 377, [2017] 3 NZLR 72 which recognised that a new defence for “responsible communication on matters of public interest” could apply in New Zealand.
The Court of Appeal has now issued its decision (Durie v Gardiner [2018] NZCA 278) recognising this new defence.
Court confirms penalty bands under the Health and Safety at Work Act
Friday 21 September, 2018
When the Health and Safety at Work Act (HSWA) came into force in 2016, the penalties for offences were increased six-fold. We have been waiting for some time for guidance from the High Court as to the sentencing approach and culpability bands under the new legislation to understand just how much bigger the penalties imposed on Persons Conducting a Business or Undertaking (PCBU) will be in practice.
Tompkins Wake triple finalist in the 2018 New Zealand Law Awards
Wednesday 19 September, 2018
Tompkins Wake has been shortlisted for three awards at the 2018 New Zealand Law Awards, recognising the firm's continued excellence and reputation.
Art award winner epitomises contemporary
Wednesday 8 August, 2018
The winning work from the 2018 National Contemporary Art Award sponsored by Tompkins Wake, is the epitome of contemporary, featuring a structure and appearance that will continue to change with time, along with its meaning.
You and Me. The Weight of History by Rotorua’s Sarah Ziessen was revealed as the major prize winner at the awards ceremony and exhibition opening at Waikato Museum Te Whare Taonga o Waikato.
Tompkins Wake introduces three new lawyers
Tuesday 31 July, 2018
Tompkins Wake has appointed three new lawyers as the firm continues to strengthen and grow across its three offices. Chief Executive, Jon Calder, says the firm’s growth, driven by client demand is also underpinned by its ability to continually attract top talent.
Tompkins Wake strengthens Rotorua team
Tuesday 31 July, 2018
Tompkins Wake has strengthened its Rotorua based team with two new lawyers appointed since May to join Partner Kate Sullivan as new faces for the firm in Rotorua.
Bella Vista learnings
Monday 16 July, 2018
The Hon Paul Heath QC’s review of Tauranga City Council’s (TCC) assessments, decisions and monitoring of the land use, subdivision and building consents for 21 properties in the Bella Vista subdivision is essential reading for any council officer working with the Resource Management Act 1991 (RMA) and the Building Act 2004 (BA).
Supreme Court upholds councils' power to fluoridate water
Tuesday 3 July, 2018
On 27 June 2018 the Supreme Court issued a judgment which is of significance to councils across the country.
In 2012 South Taranaki District Council decided to fluoridate the drinking water supply for Patea and Waverley. Both towns had high levels of dental decay. Anti-fluoride group New Health New Zealand Inc brought unsuccessful claims in the High Court. It then appealed to the Court of Appeal which issued judgments affirming the legality of fluoridati...
Should Councillors see Council reports?
Tuesday 3 July, 2018
The answer will almost always be “yes”, but Auckland Mayor Phil Goff has had reservations. The report in question cost Auckland Council almost $1 million and relates to the proposed national stadium, which could cost $1.5 billion.
New RMA Compliance Oversight Unit and best practice guidelines
Tuesday 3 July, 2018
A new unit is to be established to oversee compliance with the Resource Management Act 1991 (‘RMA’).
New process for calculating court-awarded interest
Tuesday 3 July, 2018
A new process for calculating Court-awarded interest on debt and compensation claims came into force on 1 January 2018 that more fairly compensates creditors and has potential application to Public Works Act acquisitions.
Tompkins Wake appoints two new Partners
Monday 2 July, 2018
Leading New Zealand law firm Tompkins Wake continues to genuinely build diversity within its culture with the appointment of its two latest partners.
Court upholds sensible approach to local authority works on private property
Thursday 28 June, 2018
Local authorities have a power to construct works on private property under s 181 of the Local Government Act 2002 with the consent of the owner or after following the process in Schedule 12. The High Court recently ruled that local authorities must only give notice and follow the process under s 181 and Schedule 12 once; the process need not re-start if the property changes hands.
High Court guidance on HASHAA
Thursday 3 May, 2018
A very recent High Court decision on the Housing Accords and Special Housing Areas Act 2013 (HASHAA) provides valuable guidance to councils with established special housing areas (SHAs) or in the midst of discussions with the Minister to establish SHAs.
New guidance on publicly available official information
Thursday 3 May, 2018
The Ombudsman has recently released a useful guide relating to the power not to provide official information that is or soon will be publicly available.
Environment report highlights serious land issues
Wednesday 2 May, 2018
A new comprehensive report on the state of land in New Zealand has been published by the Ministry for the Environment and Statistics NZ. Our Land 2018 is the first land specific report produced under the Environmental Reporting Act 2015.
New Local Government Bills
Monday 30 April, 2018
The Local Government (Community Wellbeings) Amendment Bill has passed its first reading and has been referred to select committee.
Caselaw Update
Thursday 8 March, 2018
Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council [2017] NZSC 190
Must Councils accept an assertion that a person is ‘suitably qualified'?
Wednesday 7 March, 2018
The issue was considered in the recent Environment Court case David Mulholland Consulting Engineer Ltd v Whanganui District Council [2018] NZEnvC 10.
Alert: Ombudsman's warning to Local Government
Tuesday 6 March, 2018
Ombudsman Peter Boshier has recently hit out at local government, saying that councils are not meeting their LGOIMA obligations and seem to resent being held accountable.
Ombudsman disturbs confidential settlement agreement
Tuesday 6 March, 2018
The Ombudsman has required that Whanganui District Council reveal some details of a supposedly commercial settlement.
Proposed Employment Law Changes
Tuesday 6 March, 2018
The Labour-led Government has recently announced the first round of the employment law reforms that it promised pre-election. Although changes were expected, the exact nature and extent of those changes had previously been unknown.
Briefing to the Incoming Minister for Local Government
Tuesday 6 March, 2018
The Department of Internal Affairs prepared a single BIM for the new Minister for Local Government ...
Briefing to the Incoming Minister for the Environment
Tuesday 6 March, 2018
MfE prepared two BIMs, one on the environment portfolio generally and one specifically relevant to water issues.
Employment law reforms announced
Wednesday 20 December, 2017
The Labour-led coalition Government has recently announced the first round of the employment law reforms that it promised pre-election. Although change was expected, the exact nature and extent of those changes had previously been unknown.
Tompkins Wake ranked among the best in Asia Pacific
Monday 11 December, 2017
Tompkins Wake has been ranked among the Asia Pacific region’s best performing law firms in the latest findings of global legal capability researcher The Legal 500, the only law firm in the Waikato and Bay of Plenty to make the list.
Tompkins Wake appoints three new Partners
Thursday 7 December, 2017
Tompkins Wake has appointed three new partners as it continues to grow its high level legal work presence in the North Island and its client following.
Minister to reverse new non-notification law
Monday 20 November, 2017
Environment Minister David Parker has indicated that the Government will attempt to reform the Resource Management Act 1991 (RMA) which was amended in April this year through the Resource Legislation Amendment Act 2017 (RLAA).
Actual and reasonable costs principles
Friday 10 November, 2017
Local authorities when levying additional charges pursuant to Section 36 of the Resource Management Act 1991 (RMA) must ensure that those charges reflect the actual and reasonable costs in relation to the activity. We review a recent High Court decision – Porirua City Council v Ellis [2017] NZHC 784 – where the Court upheld an Environment Court decision to substantially reduce charges payable to the Council from $78,357.36 to $49,687.72 (GST inclusive).
New Statutory requirements for consent conditions
Thursday 2 November, 2017
Section 108AA of the Resource Management Act 1991 (“the RMA”) was inserted as part of the recent resource legislation amendments and came into effect on 18 October 2017. The new section introduces restrictions which limit the scope of conditions that may be imposed on a resource consent, in addition to the requirements of sections 108 and 220.
Responding to a workplace accident
Tuesday 31 October, 2017
It is important to have a plan in place outlining how you will respond to a workplace accident in order to balance the need to satisfy your responsibilities under the Health and Safety at Work Act 2015 (‘the Act’) and the need to protect your interests in the event of a prosecution.
Slippery slopes: local authority liability for landslips
Tuesday 31 October, 2017
Councils owe various different potential duties in relation to damage caused by landslips. In this Legal brief, we comment on a recent case where a Council was held liable for damage caused by a landslip. While the slip itself was triggered by natural causes, the underlying instability was the result of earthworks carried out by the Council more than a decade earlier.
Forest and Bird decision
Friday 27 October, 2017
The recent Supreme Court decision in Hawke’s Bay Regional Investment Co Ltd v Royal Forest & Bird Protection Society of New Zealand Inc [2017] NZSC 106 is a timely reminder for local authorities and other parties exercising statutory decision making powers to be fully aware of all relevant factors when exercising such powers.
In addition, the decision highlights the importance for proponents of securing property rights over land required for projects b...
Foster Group
Tuesday 10 October, 2017
Building and nuturing community relationships is as important to Tompkins Wake client Foster Group as building fine Waikato landmarks.
Trusts, Gifting and the Rest Home Subsidy
Wednesday 4 October, 2017
The Ministry of Social Development (MSD) administers the Social Security Act 1964. The Act includes a residential care subsidy regime which concerns the cost of rest home care (commonly called the rest home subsidy).
Health and Safety - Duty to consult, co-operate and co-ordinate
Tuesday 5 September, 2017
The Health and Safety at Work Act 2015 imposes a new duty on local authorities, as “persons conducting a business or undertaking” (PCBUs), to consult, co-operate and co-ordinate activities, so far as is reasonably practicable, with all other PCBUs who share health and safety responsibilities in relation to particular work.
LGOIMA Update - Ombudsman's dedicated webpage for councils
Tuesday 5 September, 2017
The Office of the Ombudsman is taking proactive steps to provide advice and guidance to agencies (including local authorities). In earlier Legal Briefs we have referred you to the guide, ‘The LGOIMA for local government agencies’ and summarised the Ombudsman’s new approach to ‘delay complaints’. In this edition, we summarise a recent addition to the Ombudsman’s website - a dedicated web page for agencies; providing electronic template letters, worksheets a...
New Bill extends enforcement powers under the LGA
Tuesday 5 September, 2017
A Member’s Bill from The Honourable Jonathan Young (National MP), the Local Government (Freedom of Access) Amendment Bill, was recently introduced to Parliament. The Bill proposes to widen the scope of enforcement officer powers to remove property (such as structures and tents) from council land – a power which will no doubt be welcomed by councils. The Bill also gives constables powers of arrest without warrant - for failure to give identifying informatio...
Tendering pitfalls: the importance of "no process contract" clauses
Tuesday 5 September, 2017
In The Rintoul Group Limited v Far North District Council [2017] NZHC 1132, the Council was found to have breached a tender “process contract” and potentially liable for significant damages to an unsuccessful tenderer. We comment on the case and explain how the outcome could have been avoided.
Local Authorities' decision-making requirements - Court of Appeal decision
Tuesday 5 September, 2017
In the recent Court of Appeal decision of Wellington City Council v Minotaur Custodians Limited [2017] NZCA 302 (Brown, Simon France and Williams JJ), the Court overturned the decision of the High Court, holding that Part 6 of the Local Government Act 2002 gives local authorities a broad discretion as to how to meet their statutory decision-making obligations (including whether to consult, and, if so, how), and, that the options available to challenge the ...
Local Authorities owe a duty of care to their neighbours - High Court decision
Tuesday 15 August, 2017
Local authorities owe the same duty of care to their neighbours as any other owners or occupiers of land. We review a recent High Court decision - Double J Smallwoods Ltd v Gisborne District Council [2017] NZHC 1284 - which held a local authority negligent for fire damage to a neighbouring sawmill operation, as a result of its failure to reduce the fire risk caused by vegetation on its land.
The Ombudsman's new approach to 'delay' complaints
Friday 7 July, 2017
The Office of the Ombudsman has just announced that, from 1 July 2017, it will be taking a new approach to how it responds to complaints about delays in making and communicating decisions on requests for official information within the maximum statutory timeframe (i.e. 20 working days).
Duties under the Health and Safety at Work Act 2015
Thursday 6 July, 2017
The Health and Safety at Work Act 2015 imposes different health and safety duties on different people, depending on their role in the workplace. Local authorities need to be aware of these duties and adopt a cautious approach in reducing the risk of a workplace accident.
Relief for grocery stores
Thursday 6 July, 2017
The Government are making changes to the Sale and Supply of Alcohol Act to enable grocery stores to continue to sell alcohol.
Clarity for supermarkets or not?
Thursday 6 July, 2017
The Alcohol Regulatory and Licensing Authority has recently provided clarity on a supermarkets ability to display and promote alcohol within single alcohol areas. ARLA’s decision has been appealed to the High Court.
Update on RJ Davidson Family Trust
Thursday 6 July, 2017
In our last Legal Brief we discussed the implications of the High Court’s decision in RJ Davidson Family Trust v Marlborough District Council [2016] NZEnvC 81 to resource consent applications. The High Court held that the King Salmon principles regarding the application of Part 2 of the RMA to the preparation of plans, also apply to resource consent applications considered under s104 of the RMA. The RJ Davidson Family Trust have now been granted leave to a...
Requiring authority status for irrigation scheme operators
Thursday 6 July, 2017
Ministerial approval of private entities as requiring authorities under section 167 of the RMA is, after the initial rush following commencement of the Act in October 1991, comparatively infrequent these days. There was no corresponding Ministerial power in the former Town and Country Planning Act, so the emergence of private entities able to designate private land is a post-1991 phenomenon. Correspondingly, so too is the ability to designate private lan...
Bribery of a public official
Wednesday 5 July, 2017
The high profile prosecution of a former public official and a private roading contractor in R v Borlase and Noone [2016] NZHC 2970 raises interesting issues as to what constitutes acceptable gifts, entertainment and hospitality when engaging with the public sector in the context of New Zealand’s bribery and corruption laws.
Defamation update
Wednesday 5 July, 2017
Local body authorities and politicians need to be particularly mindful of defamation law. In our defamation update we outline recent developments in defamation law and set out ways that local bodies can manage their defamation risk.
Increased Compensation available under the Public Works Act
Sunday 11 June, 2017
With the Government’s recent budget announcement of $32.5 billion infrastructure spending over the next four years, it is anticipated that the use of compulsory acquisition powers under Public Works Act 1981 (“PWA”) may be necessary to ensure that such projects can be completed. Recent changes to the PWA have been introduced with the intention to make land acquisition for public works fairer and more efficient. The changes to the PWA include increases in...
Tompkins Wake joins elite global law network.
Friday 9 June, 2017
Tompkins Wake has been accepted as a member of First Law International, the only EU-based elite global network, as ranked by Chambers Global of more than 75 independent, full-service, high quality law firms.
King Salmon applies to resource consents
Monday 15 May, 2017
Following the Supreme Court’s finding in EDS v NZ King Salmon [2014] NZSC 38, that there is generally no need (or ability) to refer back to the purpose and principles in Part 2 of the Resource Management Act 1991 (which was in the context of a plan change), there was some uncertainty as toits application in respect of resource consent applications and designations given their different statutory frameworks. Now, in its recent decision R J Davidson Family ...
Your Periodic Discovery Reminder
Monday 15 May, 2017
This periodic reminder comments on two particular issues that can pose challenges to organisations dealing with litigation: the duty to preserve documents, and the application of privilege to reports prepared internally or externally in the course of seeking legal advice or preparing for apprehended or actual proceedings.
Health and Safety at Work Act 2015
Monday 15 May, 2017
New Zealand’s poor health and safety record in the workplace has led to significant reforms in the law and the organisations governing this area.
In June 2012, the Minister of Labour established the Independent Taskforce on Workplace Health and Safety to research and critically evaluate New Zealand’s workplace health and safety system and to recommend practical strategies for reducing New Zealand’s high rate of workplace fatalities and serious injuries.
Case review: Invercargill City Council v Southland
Monday 15 May, 2017
This case looks at the obligations a Council may have when issuing Code Compliance Certificates, particularly in relation to the extent of any duty of care that may be owed to property owners.
IT Partners Group
Monday 17 April, 2017
Business partnerships don’t get much closer than that of IT Partners Group and law firm Tompkins Wake. The two Hamilton-headquartered business support houses have each other’s backs.
For many years they’ve been each other’s clients, growing together as they’ve widened and deepened their respective skills and capabilities to support NZ Inc..
Key changes to limitations for civil claims
Friday 17 March, 2017
Limitation regimes are designed to protect defendants from stale claims. Claims that are brought many years after the relevant events are problematic for defendants (and their insurers), who may no longer have access to the evidence and witnesses they need to adequately defend themselves.
From 1 January 2011 the Limitation Act 2010 replaced the Limitation Act 1950. For acts or omissions which took place prior to 1 January 2011, the 1950 Act applies. For...
High Court determines property arrangement is not a "subdivision"
Friday 17 March, 2017
Clearspan Property Assets Ltd v Spark New Zealand Trading Ltd [2017] NZHC 277 is a recent decision of the High Court which deals with the nexus between the law of property rights and the law regulating the use of land. The High Court overturned the unanimous decision of two Judges of the Environment Court in Spark New Zealand Trading Ltd [2016] NZEnvC 115. The Environment Court held that a property arrangement between Clearspan Property Assets Ltd ("Clea...
Plan Change 1 to the Waikato Regional Plan – “Healthy Rivers” Update
Thursday 10 November, 2016
Submissions on proposed Plan Change 1 close on 8 March 2017 at 5pm. The submission process provides opportunity for those affected by PPC1 to have their say about its provisions. It gives a submitter the right to participate in the hearing process and influence outcomes. If you would like any assistance to complete your submission or wish to discuss any aspects of the process, please contact one of our team.
Conscious Uncoupling - an alternative approach to separation
Thursday 10 November, 2016
When actress Gwyneth Paltrow and musician Chris Martin announced they were splitting after ten years of marriage, they did not use the word “divorce”, but “conscious uncoupling”.
New Zealand's family justice system aims for civilised separations to be the rule, particularly where children are involved.
Gallagher Group - an enduring partnership grown together.
Thursday 10 November, 2016
Gallagher Group is an iconic New Zealand brand fueled by innovation. “The history between the two firms is a long one. As Gallagher has grown, Tompkins Wake has grown too ..... Tompkins Wake partners have built long relationships with Gallagher leaders which means the lawyers have a deep knowledge of the business."
Prolife Foods
Thursday 10 November, 2016
A string of mergers and acquisitions has seen Hamilton-headquartered Prolife Foods become a domestic market and exporting heavyweight with sales of around $250 million a year.
Supporting Prolife on much of that growth journey has been Tompkins Wake.