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Graham Jordan - LLB (Hons)
Graham has wide commercial experience and a particular focus in commercial negotiations and deal structuring, commercial mediations, corporate governance, taxation and equity and debt fund raising. He... view more →
Rick Shera - LLB, M.Com.Law (Hons). CITPNZ, CMInstD
Rick is a leading New Zealand business, information technology and media lawyer (particularly internet and privacy law), and has a first class masters degree in internet and copyright law. He is the f... view more →
Michael Busch - LLB (Hons)
Michael's practice focuses on share and business acquisitions and disposals, company takeovers, offers of securities, managed funds, private equity, joint ventures, franchising and general contract ne... view more →
Karl Stolberger - BA, LLB (Hons)
Karl is regularly instructed in general corporate and commercial litigation matters and has advised on a number of complex commercial disputes including in relation to commercial contracts, claims aga... view more →
Judy Reed
PA / Secretary view more →
Barbara Versfelt
After practicing as a specialist for more than 20 years, Barbara has a comprehensive range of expertise and experience in maritime and transport law. Her experience includes all aspects of maritime la... view more →
Andrew Wallace - LLB BCom
Andrew is a securities and corporate law specialist experienced in advising private and public entities on a range of securities offerings, acquisitions, divestments, restructurings and joint ventures... view more →
Stephanie Nicolson - LLB, BSc
Stephanie is an experienced senior litigator whose main area of practice is commercial litigation. She was admitted to the Bar in 2003 and studied at the University of Canterbury. Stephanie holds bach... view more →
Duncan Coats - LLB(Hons)
Duncan brings a pragmatic approach when advising on legal issues with a focus on building and maintaining strong, direct relationships with clients and delivering tailored and practical commercial adv... view more →
Christine Young
Office Administrator view more →
Joshua Woo - BA, LLB (Hons), LLM
Joshua advises on a range of corporate and commercial matters including M&A transactions, capital raising, restructuring, joint ventures, and shareholder arrangements and disputes. Joshua also has a k... view more →
Thomas Bielby - LLB
Thomas is an Associate in our commercial litigation and disputes resolution team. Thomas started his career as an investigator for the Regulatory Services branch of the Department of Internal Affairs ... view more →
Jennifer Legg
Secretary view more →
Karen Nissen - KLN
Legal Secretary view more →
Barbara Delaney - LLB/BA
Barbara is a Senior Associate in the commercial team practising primarily in the area of property and trusts. Barbara handles a wide variety of residential and commercial property conveyancing, buildi... view more →
Tamara McConnell - BCom, LLB
Tamara is a recent graduate, having spent 7 months since the completion of her degree working for a company advising unions. Tamara has completed all the requirements to become a lawyer and will be ad... view more →
Sarah Kerr - BA/LLB (Hons)
Sarah joined Lowndes Jordan in 2020 with over 22 years of experience, including 14 years as a partner in other leading Auckland law firms. Early in her career, Sarah worked for US law firm Holme Rober... view more →
David White
David has 24 years of experience in senior leadership roles in the insurance industry throughout Asia and New Zealand, most recently as Chief Operating Officer of Southern Cross Travel Insurance. He i... view more →
Trusts and Asset Planning
All successful people need asset plans and the best time to consider asset planning is before anything goes wrong. Ask yourself, if I had a business catastrophe, would my family and I lose everything ... view more →
Mergers, Acquisitions and Takeovers
Lowndes Jordan has considerable experience in advising on mergers and acquisitions. We have acted on a broad range of share and asset acquisitions and divestments for both public and closely held comp... view more →
Conflict of Interest
The importance of truly independent advice in tense transactional or dispute situations is obvious. At Lowndes Jordan we have recognised this need in the corporate, mergers & acquisitions and comm... view more →
Commercial Litigation and Dispute Resolution
Our litigation team provides experienced and expert assistance to a wide range of clients in all aspects of commercial litigation and dispute resolution. Lowndes Jordan regularly acts on the most comp... view more →
Employment
Lowndes Jordan offers a full range of employment law services including: Negotiating and drafting employment agreements, house rules and employment policies. Negotiating and drafting contracts for ser... view more →
Information Technology
Ask anyone in the information technology (IT) industry what inspires them and the answer is likely to be the challenge of predicting and riding continuous waves of rapid change. We will give you the s... view more →
Property Law
Advice on property law is an important part of Lowndes Jordan's service to commercial and corporate clients. A single transaction can involve complex issues relating to: Financing and taxation. Asset ... view more →
Copyright, Trademarks, Intellectual Property
Intellectual property may not show up on your balance sheet, yet without it you would not be in business. It is important to recognise that it may be your most valuable asset and requires protection i... view more →
Biotechnology
Lowndes Jordan has substantial expertise in the developing field of biotechnology in the areas of: Negotiation and drafting of collaborative research agreements. Negotiation and drafting of licensing,... view more →
Capital Raising, Securities Law, Managed Funds
Lowndes Jordan has significant expertise in all aspects of capital raising in New Zealand and, through our network of associate firms, in other jurisdictions, particularly the United States and Austra... view more →
Fishing
Over the last 30 or so years, following the declaration of New Zealand's 200 mile EEZ and the subsequent implementation of the Quota Management System, fishing has grown to become one of New Zealand's... view more →
Marine, Aviation, Transport, Logistics and Trade
Lowndes Jordan's shipping and transport team acts for a wide range of New Zealand and overseas based clients across various modes of transport, including: ship owners, charterers, P&I Clubs and insure... view more →
Overseas Investment in New Zealand
Investors, both institutional/corporate and private around the world are increasingly attracted to New Zealand which offers substantial benefits to offshore parties interested in: investing in la... view more →
Charities
Lowndes Jordan partners have advised or been involved directly in various charities and not for profit organisations. We are experienced in advising on formation and governance of such organisations a... view more →
Insolvency
Insolvency law is a highly technical area of the law with a growing importance in the current economic environment. Lowndes Jordan has significant expertise in all areas of insolvency law and has exte... view more →
Consumer and Privacy Law
Businesses, marketers and advertisers have become more sophisticated, particularly with use of online tools. Consumer protection has therefore become an increasingly important consideration, both for ... view more →
Media, Publishing and Creative Industries
We act for leading publishers, authors, web and print designers, television broadcasters, PR and media agencies, industry organisations and many others at the forefront of creativity - whether in the ... view more →
Start-Ups
We regularly advise entrepreneurs and investors in relation to start-ups, from establishment, structuring and initial capital raising through to business growth and ultimate divestment or transformati... view more →
Insurance
Lowndes Jordan acts on insurance matters involving both litigation and advice. Our team is experienced in dealing with liability claims, on behalf of both insurers and insureds. We also adv... view more →
Notarial Services
Often documents which a party has to present to foreign governmental or other overseas authorities or institutions will need to be authenticated by a notary public. Notarisation of documents can be re... view more →
Construction
Lowndes Jordan has a significant construction practice with expertise in drafting and reviewing a wide range of construction and commercial contracts (including shareholder and financing contracts) an... view more →
Marine Legislation Bill - Amendments
THE MARINE LEGISLATION BILL - Amendments to the Maritime Transport Act 1994 (MTA) and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012...... view more →
Marine Legislation Bill - Various Amendments
The Marine Legislation Bill (Bill) is presently before Parliament. It makes a number of changes to the Maritime Transport Act 1994 (MTA) which are intended to come into force on 1 April 2013...... view more →
Marine Legislation Bill - Ports and Harbour Safety
The Marine Legislation Bill (Bill) is presently before Parliament. The Bill seeks to make changes to the Maritime Transport Act 1994 (MTA) which are intended to come into force on 1 April 2013...... view more →
The Megaupload Saga: GCSB Sideshow (Updated)
As has been well covered elsewhere, it has been discovered that New Zealand's Government Communications Security Bureau illegally surveilled Kim Dotcom and Bram van der Kolk because it...... view more →
Google avoids liability in NZ
It had to happen - Google getting sued here for search results linking to allegedly defamatory material - it's happened in most other jurisdictions (with mixed results). In this case, A, a medical pra... view more →
Don't Surf the Web
A colleague sent me the sentencing remarks for Anton Vickerman (link is to a pdf download - decision also available below), who was sentenced to 4 years imprisonment...... view more →
Facebook User Generated Content is Advertising (in Australia but not in New Zealand - updated)
A decision of the Australian Advertising Standards Bureau (ASB) should send a warning to advertisers - and not just in Australia. In the decision...... view more →
TPP Presentation - transparency
I spoke about the Trans Pacific Partnership Agreement at the monthly meeting of New Zealand Information Security Forum ...... view more →
The Megaupload Saga: Extradition Developments
The Extradition Act 1999 allows extradition of persons from New Zealand to face serious criminal prosecutions in other countries with which New Zealand has extradition relationships (originally via tr... view more →
The Megaupload Saga: Mutual Assistance In Criminal Matters Act Developments
The Mutual Assistance in Criminal Matters Act 1992 (MACMA) enables authorities in another country to seek assistance from New Zealand authorities in the gathering of evidence, seizure of asets and arr... view more →
The Megaupload Saga: US Developments
The Megaupload prosecution originated with a US Grand Jury indictment, which sparked court cases in various countires, including New Zealand, as assets were seized and persons arrested. Some subsequen... view more →
Oracle v Google: US-NZ Interoperability
Rather than reading distillations of the Oracle v Google decision on copyrightability of application programming interfaces (APIs), anyone at all interested in the area should read Alsup J's judgment ... view more →
The Megaupload Saga: An Introduction
Megaupload is described as the biggest copyright case in history. The prosecution seeks to convict those it says have engaged in a worldwide criminal "Mega Conspiracy ... with estimated harm to copyri... view more →
Megaupload: Applications to release funds and dismiss indictment
In one of a series of related filings today, MegaUpload, Kim Dotcom and colleagues have filed an application in the US District Court in the Eastern District of Virginia to have a portion of the funds... view more →
Greg Ham: Copyright sadness
Saddened to hear that the death of Greg Ham of Men at Work may in part be down to overbearing application of copyright law ...... view more →
Draft NZ Cloud Computing Code - Submission
The New Zealand Computer Society's consultation on the draft NZ Cloud Computing Code of Practice closed a little while ago. Here's Rick Shera's submission ...... view more →
iiNet Copyright Decision Imminent
The long awaited decision of the High Court of Australia in Roadshow Films Pty Limited & Ors v iiNet limited is scheduled to be handed down next Friday 20 April 2012 (ASX announcement by iiNet) ...... view more →
Megaupload 4 get their internet access back
After an erudite exposition of the human right nature of internet access by His Honour District Court Judge David Harvey (NZ's most tech savvy jurist), the USA not surprisingly acceded to the accuseds... view more →
Don't like that Court ruling? Sue the Government to have it changed
I wrote earlier about the issues with the proposed Trans Pacific Partnership Agreement (TPPA) investor-state provisions. Those are the provisions which would enable a foreign investor to sue a Governm... view more →
Megaupload: It's all political?
There are many fascinating legal aspects of the Megaupload case (although I'm sure Kim Dotcom and his fellow accused would rather not be punching bags for the development of internet law) ...... view more →
Copyright 3strikes price review
As promised, MED is consulting on the $25 maximum fee which may be charged by IPAPs (ISPs) for processing notices for copyright owners and otherwise performing IPAP obligations under the Copyright (In... view more →
Anonymised Data in the UK and US: Seminar
The New Zealand Information Security Forum is hosting a special 1 hour seminar from a couple of visiting experts ...... view more →
Copyright: Death by Digitisation?
Just a quick post triggered by two court cases from opposite sides of the world. In the first, Optus in Australia succeeded at first instance in batting away a claim that its TVNow product infringes c... view more →
Reforms to ground rules of finance markets gather pace
If you’re a regular investor, you’ll know that the rules governing the conduct of New Zealand’s financial markets are in the midst of a complete overhaul. Draft legislation was introduced into P... view more →
Private companies must be aware of takeover restrictions
Many people don’t realise that the rules governing takeovers can apply to private companies - that is, companies that aren’t listed on the NZX.... view more →
Law must balance protection and access
If you’ve ever tried to raise capital for your business you’ll know all about the minefield presented by our securities laws. Those laws are there for good reason...... view more →
Irish Court says Facebook doesn't have to filter posts
It's good to see Courts in various jurisdictions getting it. They understand that it is practically impossible and legally unjustified to try to impose on online service providers a duty to filter or ... view more →
The Low Down - Summer 2007
Welcome to the 2007 Christmas edition of Low Down. In this addition we review the critical Law Changes in force, as well as impending changes in the works. We also update you as to Our People.... view more →
The Low Down - Autumn 2007
This is Lowndes Jordan's quarterly newsletter. The Low Down is designed to alert you to Law Changes that have already happened and those that you might want to look out for in the works. Along the way... view more →
The Low Down - Winter 2007
Welcome to the 2007 Winter edition of Low Down. In this addition we cover critical Law Changes in force, as well impending changes In the Works. We also Celebrate the Success of more of our clients an... view more →
The Low Down - Spring 2007
Welcome to the 2007 Spring edition of Low Down. In this addition we cover critical Law Changes in force, as well impending changes In the Works. We also Celebrate the Success of more of our clients an... view more →
The Low Down - Summer 2008
Welcome to the 2008 Christmas edition of the Low Down. New Zealand will end 2008 in the midst of a critical period in our history, and one of significant change in terms of the law. In this edition we... view more →
The Low Down - Autumn 2008
Welcome to the 2008 Autumn edition of Low Down. In this addition we cover critical Law Changes in force, as well impending changes In the Works. We also Celebrate the Success of more of our clients an... view more →
The Low Down - Winter 2008
Welcome to the 2008 Winter edition of Low DOwn. In this addition we cover critical Law Changes in force, as well impending changes In the Works. We also Celebrate the Success of more of our clients an... view more →
The Low Down - Spring 2008
Welcome to the 2008 Spring edition of Low Down. In this edition we cover critical Law Changes in force, as well impending changes In the Works. We also Celebrate the Success of more of our clients and... view more →
The Low Down - Autumn 2009
Welcome to the 2009 Autumn edition of the Low Down. The National-led Government has completed its first 100 days in government and this has resulted in a raft of legislation as it seeks to fulfil its ... view more →
The Low Down - Winter 2009
Welcome to the 2009 Winter edition of the Low Down. In this edition we cover some critical Law Changes in force, as well as impending law changes In the Works. We also Celebrate the Success of more of... view more →
The Low Down - Spring 2009
Welcome to the 2009 Spring edition of the Low Down. In this edition we cover some critical Law Changes in force. We also Celebrate the Success of more of our clients and update you as to Our People.... view more →
The Low Down - Summer 2009
Welcome to the 2009 Summer Christmas edition of the Low Down. In this edition we cover some critical Law Changes. We also update you on some of our Client Projects and Our People.... view more →
The Low Down - Autumn 2010
Welcome to the 2010 Autumn edition of the Low Down. In this edition we cover some critical Law Changes in force. We also Celevbrate the Success of more of our clients and update you as to Our People.... view more →
The Low Down - Winter 2010
Welcome to the 2010 Winter edition of the Low Down. In this edition we cover some critical Law Changes in force. We also Celebrate the Success of more of our clients and update you as to Our People.... view more →
The Low Down - Spring 2010
Welcome to the 2010 Spring edition of the Low Down. In this edition we cover some critical Law Changes in force. We also Celebrate the Success of more of our clients and update you as to Our People.... view more →
The Low Down – Special Trusts Edition November 2010
There have been recent legislative changes affecting the distribution of beneficiary income of a trust and more recently, policy announcements as to the repeal of gift duty. In this Special Edition of... view more →
The Low Down - Summer 2010
Welcome to the 2010 Christmas December edition of the Low Down. In this edition we cover some critical Law Changes in force, as well as impending law changes In the Works. We also update you as to Our... view more →
The Low Down - Special Edition March 2011
There are many legislative changes to the Employment Relations Act 2000 and the Holidays Act 2003 coming into force from 1 April 2011. You will need to review your HR practices and employment agreemen... view more →
The Low Down - Autumn 2011
Welcome to the 2011 Autumn edition of the Low Down. In this edition we cover some critical Law Changes in force, as well as impending law changes In the Works. We also update you as to Our People.... view more →
The Low Down - Winter 2011
Welcome to the 2011 Winter edition of the Low Down. In this edition we cover some critical law Changes in force and In the Works. We also Celebrate the Success of more of our clients and update you as... view more →
The Low Down - Spring 2011
Welcome to the 2011 Spring edition of Low Down. In this edition we cover critical Law Changes in force, as well impending changes In the Works. We also Celebrate the Success of more of our clients and... view more →
The Low Down - Summer 2011
Welcome to the 2011 Summer edition of Low Down. In this edition we cover critical Law Changes in force, as well impending changes In the Works. We also Celebrate the Success of more of our clients and... view more →
The Low Down - Autumn 2012
Welcome to the 2012 Autumn edition of Low Down. In this edition we cover critical Legal Developments, as well impending changes In the Works. We also update you as to Our People.... view more →
Foreign Charter Fishing Vessels (FCV’s):
The 27 or so FCV's operating in New Zealand account for about half of the fish landed from our EEZ and bring with them some significant economic benefits. However FCV's have not been without their pro... view more →
Third copyright strike for 3strikesnz
The third decision of the New Zealand Copyright Tribunal under our graduated response, infringing file sharing, "3 strikes", regime has just been issued ...... view more →
Updated: IFPI on New Zealand: Good and Bad
I see IFPI (the International Federation of the Phonographic Industry) has published what it calls its annual "report card" ...... view more →
Cloud Code defence to Megaupload claims
The deadline for submissions on the structure for the NZ Cloud Code of Practice is 2 days away (27 January 2012). Given the fears - some misplaced, others not - generated by the Megaupload site takedo... view more →
Don't like that law? Just sue the Government
Even if the proposed trans pacific partnership agreement (TPPA) is net beneficial to New Zealand (and some evidence on that would be good), we should be wary of including the so called investor state ... view more →
Show me the Evidence
If someone's wrongdoing is causing you serious harm and you need something done about it, you might go to Court to seek an injunction. The Court will want to know that whoever you are accusing actuall... view more →
Internet Linking and copyright: A blast from the past
The Supreme Court of Canada's decision in Crookes v Newton, finding that hyperlinks, of themselves, are not publications in defamation law, brings back fond memories ...... view more →
ACTA process should not be used for TPP
New Zealand has just announced that it is to sign the Anti Counterfeiting Trade Agreement (ACTA). I'm not so fussed about that now because ...... view more →
ADLS Copyright (Infringing File Sharing) Amendment Act Seminar
I'm speaking at an Auckland District Law Society seminar on New Zealand's new Copyright (Infringing File Sharing) Act and associated Regulations, which came into force on 1 September ...... view more →
Privacy Commissioner to get some teeth
The release of the final report in the Law Commission's long running privacy law review foreshadows the Privacy Commissioner being given enhanced powers ...... view more →
Copyright (Infringing File Sharing) Amendment Act - process diagrams
I've been consulting to the Telecommunications Carriers' Forum on copyright issues since the ill-fated introduction of section 92A of the Copyright Act a few years ago ...... view more →
UK ISP injuncted to block Newzbin website. Could it happen in NZ?
In a decision issued yesterday (67 page PDF), Justice Arnold in the UK High Court, Chancery Division, granted an injunction in a test case against the largest British ISP, BT ...... view more →
Copyright law crashes at last hurdle
Until April this year, the Powers that be were doing a good job consulting on the replacement for the infamous three strikes s92A of the Copyright Act - several detailed rounds of consultation and a B... view more →
Copyright Cheapskates
I've drafted, or been involved with, a number of responses to the Ministry of Economic Development's Discussion Paper on the Regulations (PDF) envisaged by the Copyright (Infringing File Sharing) Amen... view more →
US wants to take an axe to New Zealand IP law (updated)
It's one way of negotiating the Trans Pacific Partnership Agreement (TPPA) I guess. Leak a document containing multiple extreme positions and then gracefully back down in the face of inevitable object... view more →
Prof Susi Frankel to talk on intellectual property aspects of Trans Pacific Partnership Agreement (TPP)
As a member of IPSANZ, I've just been sent a flyer for a series of talks being given by Professor Susi Frankel of Victoria University, in Auckland, Hamilton, Wellington and Christchurch, entitled: A U... view more →
ISP name suppression proposal needs fixing
Yesterday, I spoke at InternetNZ's very useful workshop on New Zealand's proposed re-write of our name suppression law, along with District Court Judge Harvey, Dr Warren Young of the Law Commission, T... view more →
A Kiwi Questions the Australian Yellow Pages decision
I've just got around to reading the Federal Court of Australia's decision in Telstra Corporation Limited v Phone Directories Company Pty Limited [2010] FCAFC 149 ...... view more →
French copyright holders are sending 50,000 notices per day. What does that mean for us?
Techdirt reports that copyright holders (not necessarily original creators; more likely rights owning organisations like RIAA and MPA) are angry that HADOPI, the French Government clearing house for c... view more →
Copyright liability for someone else's file sharing
One of the major changes which would be made by the Copyright (Infringing File Sharing) Amendment Bill is to make an internet account holder liable for any file sharing infringement that occurs using ... view more →
Open letter to Minister Power on Copyright Bill
I've made my views on the Copyright (Infringing File Sharing) Amendment Bill, well known on this blog and elsewhere. We've certainly come a long way since the three strikes, guilt upon accusation, sec... view more →
Trans Pacific Partnership (TPP) Bust-up
There are so many leaks of "official" information these days It's hard to keep up, but I've just read what is apparently a paper submitted by New Zealand negotiators on the intellectual property aspec... view more →
TPP: Son of ACTA secrecy
It is disappointing to see a return to original ACTA-like secrecy in the Trans Pacific Partnership negotiations in terms of the text... view more →
Regulating that new fangled wild west internet thingy
Simon Power - law reform Minister extraordinaire - recently pronounced the internet the "wild west" and has therefore asked to the Law Commission to see how he can plug the gaps ...... view more →
NZ's copyright proposal: Guilty until you prove you're innocent (updated)
It's like Groundhog day. Back in 2008, after the Parliamentary Select Committee had removed section 92A from the Copyright (New Technologies) Amendment Bill, it was reintroduced unannounced on April F... view more →
One step closer to NZ's copyright graduated response regime
The hurricane is now visible. Well. actually, compared to the original section 92A or even the original Copyright (Infringing File Sharing) Amendment Bill, the Bill as just reported back from Select C... view more →
Don't transfer copyright that you need
A tweet from Brenda Wallace (@BR3NDA) reminded me of an issue I've been meaning to raise - copyright in code that you as a coder write for someone else ...... view more →
The pirates are coming! The pirates are coming!
It's always fun to take a look at releases from RIANZ on copyright (tweeting under the name @lovemusicnz). I like to see how an industry which is delivering better returns to musicians and composers y... view more →
Whaleoil appeals name suppression conviction (updated)
It came as no surprise to me that Cameron Slater (Whaleoil) was found guilty of breaching name suppression and victim identification orders by District Court Judge David Harvey ...... view more →
Irish ISP was lucky
I've just read Justice Charleton's decision in EMI Records (Ireland) Limited & ors v UPC Communications Ireland Limited (2009 No. 5472 P, unrep, 11 October 2010). TJ McIntyre, who blogs at IT Law in I... view more →
Updated: No protection against self-incrimination for computer access
Questions around removal of the protection against self incrimination came up in the debate over the Search & Surveillance Bill in 2009 and earlier this year. I remember thinking that people obviously... view more →
ACTA concerns still but watch out for TPP
The latest ACTA text from the Japan round is out and it's good to see it released officially by the negotiating parties this time.... view more →
ISPs to police NZ name suppression laws (updated)
The Government has announced proposals to change the law on name suppression. The Law Commission reported on this in 2009 and no doubt Cameron Slater's ill-advised and ultimately illegal crusade has a... view more →
Who needs ACTA when the US can do it all for us?! (updated)
Having agreed that coercing ISPs with so called safe harbours is a bad idea (ACTA: Latest leak decimates ISP provisions), it now appears that some in the US are intent on going much further by another... view more →
Analysis of major Cloud provider Ts&Cs
Stumbled on a very good analysis and summary of the terms and conditons (Ts&Cs) of many of the major cloud providers ...... view more →
Copyright Owners in UK to be subsidised by ISPs (updated)
There have been a lot of things wrong with New Zealand's attempts to come up with a system to cater for repeat online copyright infringement. Section 92A was a disaster ...... view more →
Whaleoil blogger convicted of breaching name suppression orders
No real surprise that Cameron Slater (of Whaleoil blog) has been convicted on 9 of 10 counts of breaching name suppression/victim ID orders ...... view more →
ACTA: Latest leak decimates ISP provisions
What appears to be the official latest iteration of the Anti Counterfeiting Trade Agreement (ACTA) has been leaked ...... view more →
3 tips for internet, technology and new media start-ups: No2 - Securities Act compliance
In my previous post I talked about how important it is to make sure that your company actually owns the intellectual property that justifies the investment value. If you don't get that right, then you... view more →
3 tips for internet, technology and new media start-ups: No1 – intellectual property ownership.
For a business start-up, taking a great idea out of the proverbial garage to commercial success may be beyond the capacity of its creator. External investment capital is often needed ...... view more →
ISP copyright code of practice up (updated)
Computerworld reports some pressure coming to bear in the Roadshow Films v iiNet appeal hearing, for the parties to get together to agree a code of practice. A code was originally envisaged ...... view more →
The (not so) disappearing submission
I wrote the other day about the New Zealand Law Society's submission on the Copyright (Infringing File Sharing) Amendment Bill. In that submission, NZLS, argues for repeat copyright infringers to be l... view more →
NZ Law Society wants people kicked off internet completely (updated)
I'm a member of the NZ Law Society. So, I am interested to see that my Society is up tomorrow before the Select Committee dealing with the Copyright (Infringing File Sharing) Amendment Bill ...... view more →
Makes me ashamed to be a lawyer
Most people reading this will know about the John Doe lawsuits filed in the US alleging p2p copyright infringement of the Hurt Locker (among other films). They are referred to as John Doe proceedings ... view more →
Hector's World Gets Rave Review
Liz Butterfield, Managing Director of Hectors World (of which I have the privilege of being chair), just rang me to let me know that an influential US blog (which we've never heard of or had any conta... view more →
A More Flexible Copyright law
Technological change continues to happen at breakneck speed. As I've discussed in relation to areas such as book publishing, what used to be lucrative business models have to adapt or are liable to de... view more →
Judge Harvey Goes Web 2.0
Auckland District Court Judge David Harvey, author of internet.law.nz, is one of New Zealand’s most net savvy jurists. A good thing then that he was assigned to hear the case Department of Internal ... view more →
Courts moving into the digital age
Good to see the passing of the Courts (Remote Participation) Act 2010, which will allow greater use of audio-visual tools in the giving of evidence ...... view more →
Does Downunder really infringe Kookaburra?
EMI and Men at Work, having earlier lost to Larrikin Music on Larrikin's claim that Downunder infringed copyright in the Aussie folk song Kookaburra sits in old gum tree, have now been ordered to pay ... view more →
eBooks and new business models (updated)
It is easy to fall into the trap of taking the arguments used by the music and film industries as proxies for the general rights holder community. Equally, the counter-arguments of fair-use and free a... view more →
iiNet Costs award
I have previously commented on the very important decision in the iiNet copyright case (where Australia's 3rd biggest ISP, iiNet, was found not liable for authorising p2p infringement by its customers... view more →
New Companies Office Site: When is a director not a director?
The new Companies Office site launched over the weekend is excellent in terms of layout, functionality and speed. As Chris Keall says, dispensing with often grindingly slow Java dialogue boxes provide... view more →
UK and Canada move copyright goalposts for NZ
First UK, in its Digital Economy Act, and now Canada in its C-32 Bill, have gone with notice and notice, rather than 3 strikes, graduated response or whatever one wants to call the offspring of the no... view more →
Googlebooks Settlement and Privacy
Two posts in as many weeks on the Googlebooks settlement. No, I am not fixated … well, maybe just a little. But, I think that's understandable because, for me, this settlement ticks all my professio... view more →
What is wrong with the Googlebooks settlement?
For the last 8 months or so, I've been providing pro bono assistance to the New Zealand Society of Authors in their objections to the Google Books settlement. The NZSA lodged an objection ...... view more →
Tweeting to better writing
Being a lawyer comes with an occupational defect - being too wordy. We can get a bit obsessed with having to cover every base, dot every i and cross every t. That often makes for ...... view more →
Manifestly Unjust?
A few things to note from the most recent decision of the Copyright Tribunal in RIANZ v CAL2012-E000609 [2013] NZCOP 5 (see sidebar pdf), issued on 7 March 2013. The case involved a soldier who submit... view more →
Changes ahead for the Employment Relations Act 2000
2013 is likely to see further reforms to the Employment Relations Act 2000 (ERA) with the proposed changes anticipated to come into effect in the second half of the year...... view more →
Client Success Stories: Saatchi & Saatchi
Our client Saatchi & Saatchi has entered into a partnership with the Media Design School to create a new Graduate School.... view more →
Client Success Stories: Mega
Whatever you may think of our client MEGA and its colourful promoter, Kim Dotcom, MEGA, the encrypted cloud storage service, has certainly launched spectacularly.... view more →
Leaky Home Buyers Required to Investigate
In the recent decision of Johnson & Ors v Auckland Council the High Court found the purchasers of a leaky house had not taken adequate steps prior to purchasing the property to check for weathertightn... view more →
Consumer Law Reform Bill will make major changes
The Consumer Law Reform Bill (CLRB) had its second reading in Parliament on 12 December 2012 and should be passed sometime this year. It will make major changes to various consumer laws...... view more →
Trading Trusts and Insolvency
Trusts have become a common vehicle for undertaking business ventures in New Zealand. It is not surprising therefore that we are seeing an increasing number of trading trusts experiencing solvency iss... view more →
Rachael Cederwall
We are pleased to announce the appointment of Rachael Cederwall as a graduate in the litigation team.... view more →
Amy Tiatia
Amy Tiatia joined Lowndes Jordan in July 2012 after having worked in the Waikato at both a private law firm and in the public sector.... view more →
Shipping and Transport Law Experts
We are pleased to report that the leading shipping and transport law expertise of Karl Stolberger and Barbara Versfelt has been recognised by Chambers Asia Pacific...... view more →
Lowdown - Autumn 2013
Welcome to the 2013 Autumn edition of Lowdown. This edition covers critical Law Changes in force, as well as impending law changes On the Horizon. We also Celebrate the Success of more of our clients ... view more →
Shipping - Commerce Act to be applicable to international shipping
The Minister of Commerce has announced that international shipping is to be placed within the framework of the Commerce Act 1986 ...... view more →
Courts Prepared to Recompense Aggrieved Shareholders
A fellow shareholder has gone off the rails and is causing the company to do various things which are to your detriment. What do you do?... view more →
Don’t be surprised if NZX takes a bold approach on diversity
Should listed companies be required to have a quota of male and female directors? Submissions on the NZX’s proposed diversity rule for listed companies have now closed. What was the general consensu... view more →
Electronic communication and a virtual cup of tea
If you’ve thought that the ways in which companies communicate with their shareholders and hold their shareholder meetings haven’t kept pace with developments in technology, you are right. Current... view more →
Red tape is not always a bad thing
The rules for registering companies and limited partnerships in New Zealand are finally about to get tougher. The Companies and Limited Partnerships Amendment Bill, which proposes to strengthen the ru... view more →
Property syndicators face a tougher road ahead
If you’re involved in arranging syndicated property investments or have been thinking of investing in one, you need to be aware of a significant move signalled by the Financial Markets Authority (FM... view more →
Momentum for crowdfunding builds
Last month officials took one step closer to make crowdfunding, in a true investment sense, a reality in New Zealand...... view more →
Anti-Money Laundering Deadline Looms
With the end of the year approaching and 2013 “to do” lists starting to be developed, one of the key items for affected businesses will be getting ready for the main provisions of the Anti-Money L... view more →
Law Commission signals shakeup for corporate trustees
A couple of years ago the Law Commission kicked off a comprehensive review of the law of trusts in New Zealand. The Commission has recently released a paper explaining its preferred approach to deal w... view more →
Lowndes Jordan Prize in Corporate Legal Studies 2012
Lowndes Jordan are delighted to announce that Matthew Consedine is the winner of the annual Lowndes Jordan Prize in Corporate Legal Studies for 2012.... view more →
Employment Relations Amendment Bill
The Employment Relations Amendment Bill (ERAB) introduced to Parliament on 26 April 2013 contains proposed amendments to the Employment Relations Act (ERA) that go further than previously proposed...... view more →
Misconduct outside the workplace - It’s not Hallwright
Generally, what your employee does outside of their working hours usually stays outside of working hours. The exception is where your employee’s conduct impacts on your reputation as an employer or ... view more →
Another busy year ahead for business law reform
The year ahead is shaping up as another busy one for law reform, with much of the work being done on New Zealand’s corporate and securities laws. It’s important for companies, and their directors ... view more →
The Digital Afterlife
What becomes of our online assets and identity after we die, and how can we ensure that they are treated appropriately by our executors?... view more →
Insurance – Funding of Fire Services
The Government is undertaking a review of the Fire Service. Over time the functions performed by the fire services have changed and now cover a wider range of services, including non-fire emergency se... view more →
Section 9 Law Reform Act 1936 – Charges over Insurance Money
Where a liability arises under an insurance policy the Law Reform Act 1936 (Act) allows an injured third party to claim directly against another party's insurer. Usually this right is invoked where th... view more →
Law Reform for Government Surveillance - the GCSB and TICS Bills
Two important pieces of legislation are currently being debated before Parliament, each relating to the expansion of the government’s ability to carry out surveillance on New Zealanders...... view more →
Companies and Limited Partnerships Amendment Bill
The Companies and Limited Partnerships Amendment Bill (Bill), currently before Parliament, proposes a number of changes to the Companies Act 1993 and the Limited Partnerships Act 2008...... view more →
New Trademark Clearinghouse for domain names
The Internet Corporation for Assigned Names and Numbers (ICANN) has recently opened its Trademark Clearinghouse (TMCH) to help trade mark owners protect their brands in anticipation of the impending l... view more →
Lowdown Summer 2012
Welcome to the 2012 Summer edition of Lowdown.... view more →
Lowdown Spring 2012
Welcome to the 2012 Spring edition of Lowdown.... view more →
Lowdown Winter 2012
Welcome to the 2012 Winter edition of Lowdown.... view more →
Lowdown - Winter 2013
Welcome to the 2013 Winter edition of the Lowdown. In this edition we cover critical Law Changes in force as well as impending law changes On the Horizon. We also update you as to LJ News...... view more →
Exclusivity: think before you ink
A recent high-profile stoush involving two Australian retail giants and a fashion designer has shone the spotlight on exclusivity arrangements. Whatever it is you do, if you’re looking at entering i... view more →
Getting the most out of a confidentiality agreement
A couple of weeks ago Dan Moore wrote in this column about collecting and holding sensitive information. This week, the focus is on confidentiality agreements.... view more →
Mateship in foreign investment becomes law
In February last year the New Zealand and Australian governments signed an investment protocol under the CER trade agreement that further strengthens the investment relationship between the two countr... view more →
Five key points to think about when going in as a minority investor
Going into business can be an exciting time. However, it’s critical at the early stages to give careful thought to various aspects of how the business will work between you and your fellow business ... view more →
Time to put the three elements of unfairness to the test
Does your business contract with your customers on a set of standard terms? Or are you looking at putting a set of standard terms in place? If so, you need to be aware that proposed new rules against ... view more →
Three fundamentals for a successful joint venture
So you’ve been looking at doing a joint venture with a business partner you know you can trust. You’ve done your due diligence and have got clear goals for what you want to get out of it. Now what... view more →
But is user generated content really advertising?
I've written before about what seems to be a difference of opinion between the New Zealand Advertising Standards Authority (ASA) and its Australian cousin, the Advertising Standards Bureau (ASB), as t... view more →
Securities Law: Of pumping and dumping and painting the tape
Last week the Financial Markets Authority (FMA) announced that it had filed the first market manipulation case to be taken in New Zealand...... view more →
Blurring the copyright lines
A group of Auckland Law School students - Adelaide Dunn, Olivia Lubbock and Zoe Ellwood - have created an excellent parody of the Robin Thicke Blurred Lines video but is it legal? ...... view more →
Supplier’s Guarantee ‘As to Delivery’ of Consumer Goods
The Consumer Law Reform Bill (Bill) proposes to amend the Consumer Guarantees Act 1993 (CGA) by introducing an additional supplier’s guarantee ‘as to delivery’ in Part I of the CGA...... view more →
Cross Border Insolvency and Ship Arrest
New Zealand has implemented the United Nations Model Law on Cross Border Insolvency (Model Law) in the Insolvency (Cross Border) Act 2006 (Act). Under the Act, foreign insolvency administrators may ap... view more →
Health and Safety Law Reform Announced
On 7 August 2013, the Minister of Labour announced significant reform to the Health and Safety legislation...... view more →
Review of Civil Aviation Act 1990
The Ministry of Transport has commenced the review of the Civil Aviation Act 1990...... view more →
Inadequate medical certificates – Are you sick of the pandemic?
As an employer you may have been presented with medical certificates from your employees containing a generic statement ...... view more →
Lowndes Jordan announces new partner
The partners of Lowndes Jordan are pleased to announce Andrew Wallace has joined the partnership effective 1 October 2013. Andrew is a securities and corporate law specialist with extensive experience... view more →
Deemed director liability and the way to minimise your risk
A recent High Court decision is a useful reminder that directors’ duties and potential liabilities don’t only apply to named directors. An awareness of these rules can go a long way to minimise th... view more →
Trans - Tasman Proceedings Act – another step towards a single economic market
The Trans - Tasman Proceedings Act 2010 (TTPA) is scheduled to come fully into force on 11 October 2013. It implements the Agreement between the Government of New Zealand and the Government of Austral... view more →
Trust Law Reform
On 11 September 2013, the Commission’s report was tabled in Parliament. The report recommends replacement of the Trustee Act with a new Trusts Act. It outlines 51 specific recommendations for reform... view more →
Lowdown - Spring 2013
Welcome to the 2013 Spring edition of Lowdown. This edition covers critical Law Changes in force, as well as impending law changes On the Horizon. We also update you as to LJ News... view more →
Trans Pacific Partnership needs a level playing field
There are plenty of arguments against penalising New Zealand with the US TPP intellectual property proposals. But, if we are to accept those penalties, then the current off the ball issues need to be ... view more →
Disclosure exclusions a boost to employee share offers
The overhaul of the laws that govern New Zealand’s financial markets took another big step recently with the passing into law of the Financial Markets Conduct Act...... view more →
Maritime Operators Safety System Rules Signed Off
On 3 October 2013 Minister of Transport Gerry Brownlee signed Maritime Rules which will implement the new Maritime Operator Safety System (MOSS) in place of the existing Safe Ship Management (SSM) sch... view more →
UAS, UAV, RPA , Drone – Call it what you will
Unmanned aircraft systems, unmanned aerial vehicles, remotely piloted aircraft, drones, call them what you will, whether it be a Global Hawk with a wingspan greater than a 737 or a small hexacopter bo... view more →
Director residency requirement a matter of months away now
Last week the Financial Action Task Force removed New Zealand from its regular follow-up assessment list, citing the recent strengthening in our anti-money laundering and terrorist financing laws..... view more →
Major financial reporting reforms passed
Late last week Parliament passed the Financial Reporting Bill – part of the government’s Business Growth Agenda to improve capital markets and reduce compliance costs. The Bill changes the financi... view more →
Completing discovery under the "new discovery rules" - almost two years on
All parties to litigation are required to complete ‘discovery’ and ‘inspection’. Very broadly, discovery involves identifying and listing in a sworn affidavit all relevant documents. Inspectio... view more →
The duty to preserve documents
The obligation upon a prospective party to Court proceedings to preserve documents in contemplation of Court proceedings is worthy of separate consideration. In many instances, steps will need to be t... view more →
Caveat Emptor - Vendor Warranties
In a recent High Court judgment on appeal from the Weathertight Homes Tribunal, Saffioti v Ward [2013] NZHC 2831, Asher J has clarified the law in relation to vendor warranties...... view more →
Domain name developments
New international domain names. We have mentioned before the introduction of a vast range of new international domain names or gTLDs as they are called...... view more →
New Zealand Business Numbers
All companies currently registered in New Zealand have now been assigned a New Zealand Business Number (NZBN)...... view more →
The devil’s in the details: validity of financing statements
In a recent decision, Polymers International Ltd v Toon [2013] NZHC 1897, the High Court held that, when registering a financing statement against a debtor company on the Personal Property Securities ... view more →
Updated: Harmful Digital Communications Bill
The Harmful Digital Communications Bill would set up an Approved Agency to try, by “negotiation, mediation and persuasion” to deal with harmful material which is posted online..... view more →
Hangovers, Holidays and Annual Hiatuses
It’s that time of year again, festive jingles are ringing throughout the malls, the pohutukawa trees are in bloom and Christmas day is just around the bend. It is therefore a pertinent time to touch... view more →
Lowdown - Summer 2013
Welcome to the 2013 Summer edition of Lowdown. This edition covers critical Law Changes in force as well as ...... view more →
Season's Greetings
Merry Christmas and Season's Greetings to all. Our offices will be closed from midday on Monday, 23 December and reopen on Monday, 13 January 2014. We wish you all a safe and happy holiday.... view more →
Directors, D&O Cover and Defence Costs – The Supreme Court’s Final Word
In June last year we commented on on-going litigation between the Receivers of various Bridgecorp companies and their directors in relation to a $20 million D&O insurance policy. At issue was the Rece... view more →
Clampdown on longstanding exemption for charities
For most not-for-profits (NFPs), fundraising is a significant challenge. The Financial Markets Authority (FMA) has recently undertaken consultation on certain long-standing exemptions from our securit... view more →
Directors’ defence insurance cut down by Supreme Court
A recent Supreme Court ruling significantly impacts on the operation of Directors’ and Officers’ (D&O) insurance policies, and indeed any other insurances, which have a combined single limit of li... view more →
So long, farewell, auf wiedersehen, goodbye!
It has been said that the only things certain in life are death and taxes. For business owners, the list also includes employee resignations. Just like death and taxes, resignations never occur at a c... view more →
Why can’t we be friends? Why can’t we be friends? Why can’t be friends? Why can’t we be friends?
Social media is the new business lunch, promotional pamphlet, business card, word of mouth, cold-call – the new ‘normal’. Sites such as Twitter, Facebook and LinkedIn have transformed the way pe... view more →
Five steps to getting the icing on the cake
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... view more →
Stephanie Nicolson elected to ADLSI Council
We are proud to congratulate Stephanie Nicolson on her election to the Council of Auckland District Law Society Inc.... view more →
WISTA New Zealand
Barbara Versfelt hosted the first successful function of WISTA New Zealand at Lowndes Jordan on 19 March 2014. Barbara is one of the founding members and President of WISTA New Zealand, the New Zealan... view more →
Key considerations for employee share schemes
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 comp... view more →
Director’s Personal Liability for Unsafe Vessel Ops
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 c... view more →
Financial Markets Conduct Act
On 1 April the first phase of the Financial Markets Conduct Act reforms came into effect. Included in this phase are legislative changes facilitating...... view more →
Customs Appeals: Compliance with time limits – a hard lesson
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 ... view more →
Lowdown - Autumn 2014
Welcome to the 2014 Autumn edition of Lowdown. This edition covers critical Law Changes in force, as well as ...... view more →
Sheryll Carey Chair of ALPMA
xxxx... view more →
The Trans Pacific Partnership Agreement: What could it mean for Authors?
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 resolutio... view more →
Beware the full frontal selfie
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 ... view more →
ALPMA Appointment
The General Manager of Lowndes Jordan, Sheryll Carey, has been appointed Chair of the newly formed NZ chapter of the Australasian Legal Practice Management Association.... view more →
Startup Weekend. Why do we do it? Three Big E's; that's why
After the most recent Auckland Startup Weekend, which we considered the best yet, we sat down to think why we have been such strong supporters of these weekends in the 3 years since they started in Ne... view more →
Goodbye to Postal Rule
In the days when most things went by physical post, in envelopes, delivered by actual people, in real life, mostly on bikes, the law developed the the postal rule. It is an exception to the general ru... view more →
Client Success Stories: Barkers Clothing & Topshop
Our client Barkers Clothing has established a new company along with Karen Walker and Philip Carter, which has acquired exclusive NZ rights to the Topshop/Topman clothing brand and will soon open a To... view more →
Admiralty Claims Trump Cross Border Insolvency
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 ... view more →
The Chain of Responsibility
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... view more →
Note to Insolvency Practitioners – Health and Safety Reforms
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 ... view more →
Director Given Community Service and Fined for Unsafe Vessel
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 o... view more →
UAV Near Misses
The Australian Transport Safety Bureau (equivalent to New Zealand’s Transport Accident Investigation Commission) has recently reported on two near misses between UAVs and manned aircraft (in one cas... view more →
Privacy in the Age of Big Data
In 2012, Rick Shera was invited by the Privacy Commissioner to speak alongside internationally renowned privacy and security expert, Bruce Schneier. Here, lovingly restored, is Rick's talk ...... view more →
Suppliers’ Obligations are Changing (Part One)
There are a whole host of consumer law reforms which come into effect in tranches. Below are the key changes to the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA), most of whic... view more →
Suppliers' Obligations are Changing (Part Two)
Following on from Suppliers' obligations are changing (Part Two), the following amendments also come into effect tomorrow and will be of interest to suppliers and consumers alike.... view more →
Consumer Law Update: Unfair Contract Terms
On 17 March 2015 new rules regarding “unfair contract terms” come into effect. The rules only apply to a “standard form consumer contract”, which, generally speaking, is a contract between a s... view more →
Carriage and Delivery of Goods
Increased limit under Carriage of Goods Act 1979 and new guarantee as to delivery under Consumer Guarantees Act 1993.... view more →
Civil Aviation Authority Funding – Have Your Say
The CAA is undertaking a review of its funding framework for the provision of regulatory services.... view more →
Lowndes Jordan Prize in Corporate Legal Studies 2013
Lowndes Jordan are delighted to announce that Alice Wang is the winner of the annual Lowndes Jordan Prize in Corporate Legal Studies for 2013.... view more →
Health & Safety Reform Bill 2014 – A Warning For All Businesses
The Health and Safety Reform Bill 2014 (Bill) (which is set to replace the Health and Safety in Employment Act 1992) is set to bring about wide spread changes to health and safety in the workplace as ... view more →
Health & Safety - Directors and Managers Beware
The Health and Safety Reform Bill 2014 (Bill) will place significant obligations on company directors and managers to manage risks and keep workers safe. Such obligations are to be backed with high fi... view more →
Lowdown - Winter 2014
Welcome to the 2014 Winter edition of Lowdown. In this edition we cover critical Law Changes in force as well as impending changes On The Horizon...... view more →
Infringing File Sharing Regime: Process Diagrams
Diagrams showing the processes under the Copyright (infringing File Sharing) Amendment Act changes to the Copyright Act 1994. A complicated process when it requires three pages to describe it... view more →
Action Required: Huge change for New Zealand domain name space
From 1pm, 30 September 2014, you will be able register directly in the top level .nz domain space. So, you'll be able to get [anyname].nz rather than [anyname].co.nz or [anyname].org.nz, for example. ... view more →
User Generated Content hosts breathe sigh of relief
The New Zealand Court of Appeal has just released its much awaited decision in the Murray v Wishart defamation strikeout case. The case concerned a campaign run by Mr and Mrs Murray, on Faceb... view more →
RPAS - Remotely Piloted Aircraft Systems - New Rules
At the moment Parts 19 and 101 of the Civil Aviation Rules (CARs) govern the operation of RPAS in New Zealand airspace.... view more →
Don’t Get Caught With Your Pants Down – at least 1 in 5 online Ts&Cs do not comply with the new unfair contract terms regime
We’ve touched before on the major changes to the Fair Trading Act 1986, including new “unfair contract terms” rules, which come into effect on 17 March 2015.... view more →
Lowndes Jordan: Barristers, Solicitors and Notary Public
We are pleased to announce that one of our partners, Karl Stolberger, has been granted a Faculty as a Notary Public.... view more →
Netlogix - Establishment of Nexus Logistics
We wish to congratulate our client, Netlogix, on the successful establishment of Nexus Logistics - a joint venture with Ports of Auckland Limited.... view more →
Lowdown - Spring 2014
Welcome to the 2014 Spring Edition of Lowdown. In this edition we cover Law Changes in force and matters Worth Noting. We also update you as to LJ News and Client Successes.... view more →
Data is not property says NZ Court of Appeal
The appeal in Watchorn v R [2014] NZCA 493 continues the Court of Appeal's narrow interpretation of what is meant by the word "property" in the computer crimes sections of the Crimes Act. The... view more →
New Chair For NZ Law Limited Board
NZ LAW Limited has announced the appointment of its new chairman – Michael Busch, as well as the re-election of director, David Graham and the election of two new directors to its board – Gerard D... view more →
Statement in relation to Kim Dotcom
We have seen reports today in the press to the effect that Rick Shera and/or Lowndes Jordan are acting for Kim Dotcom. Those reports are incorrect ...... view more →
Client Success Stories: A-Ward Attachments wins Westpac Supreme Business Excellence Award
We are pleased to announce our client A-Ward Attachments has won the Westpac Supreme Business Excellence Award.... view more →
Video of Rick Shera's Keynote address to National Digital Forum Conference 2014 - Teh Intarweb: It'll be the death of us all
What happens to our digital assets - the things we post online on social media platforms, blogs etc and to our social media accounts themselves, after we die?... view more →
Christmas Wishes
Lowndes Jordan wishes you the compliments of the season and a happy and safe holiday.... view more →
Waiwera wins awards
Our client Waiwera has won a medal for every product they entered at the World Beverage Competition in Jacksonville, Florida which has over 20,000 entrants in all categories.... view more →
Duncan Coats
Lowndes Jordan is pleased to announce the appointment of Duncan Coats to the commercial team.... view more →
FINANCIAL MARKETS OVERHAUL COMPLETE
On 1 December 2014 the second phase of the implementation of the Financial Markets Conduct Act 2013 came into force. The Act has replaced the Securities Act 1978 as well as several other pieces of leg... view more →
EMPLOYMENT LAW CHANGES - ARE YOU READY?
With 2014 well and truly behind us, it’s time to focus on how the employment law landscape will develop in 2015.... view more →
Supreme Court decision on Voidable Transaction Defence
The Supreme Court of New Zealand has recently released a decision giving clarity to the operation of the voidable transaction provisions within the Companies Act 1993.... view more →
It’s happened in Australia. Could a copyright owner force an ISP to give up alleged copyright infringers’ names in New Zealand?
The Federal Court of Australia has decided that Australian ISPs must provide users’ details to Voltage Pictures, the owner of the copyright in the film Dallas Buyers Club. But, could this happen in ... view more →
Health and Safety Reform Bill - Delay of Select Committee Report
As we have previously reported, the Health and Safety Reform Bill 2014 (the Bill) will replace the Health and Safety in Employment Act 1992 and will cause significant change to health and safety in th... view more →
Increased Limits of Liability - 1976 Limitation Convention and 1996 Protocol
Following the grounding of m.v. "Rena" Parliament amended Part 7 of the Maritime Transport Act 1993 to incorporate the full terms of the Convention on the Limitation of Liability for Maritime Claims (... view more →
New Rules for Remotely Piloted Aircraft Systems. Do you know the risks? Have you got permission to fly?
The number of incidents involving drones is rising quickly as their use increases, giving rise to growing safety concerns. With this in mind, on 1 August 2015 new Civil Aviation Rules governing the op... view more →
Takeovers Code - Exemption for Small Code Companies
The Takeovers Panel has granted a class exemption allowing small code companies to issue new shares, without needing to first obtain shareholder approval, in circumstances where the issue would otherw... view more →
Attitude Live finalist in 2015 World Summit Awards
Our client, Attitude Live, has been selected as a finalist in the upcoming 2015 World Summit Awards ...... view more →
TPP Could Block Copyright Fair Use
Imagine that - we negotiate away copyright concessions to the US in TPP, only to find that the same lobbyists sitting in behind those negotiations then use the ISDS provisions of the same agreement to... view more →
Red-zoned earthquake claimants entitled to more
Canterbury’s red-zoned homeowners have recently received a boost following a decision of the Supreme Court.... view more →
Parent company liable for debt of subsidiary company in liquidation
If you are a director of a company in a corporate group, a recent High Court decision should serve as a timely reminder of the need to preserve each company’s separate legal identity within the grou... view more →
UPDATED: #Redpeak Intellectual Property Issue?
The intellectual property issues around the #nzflag process are very interesting. IP was one of the things that had to be taken into consideration by the flag consideration panel ...... view more →
Real Estate Agents’ Duties of Care
The High Court has recently confirmed that real estate agents owe important duties of care to their vendor clients. More particularly, to act in their vendor client’s best interests...... view more →
How to Slam a Cyber-squatter
The .nz domain name dispute resolution service has been successful in providing an inexpensive, fast track method for people who have rights in a domain name to prevent those who do not - so called cy... view more →
Secured Signing partners with RealMe
Lowndes Jordan client Secured Signing has partnered with government initiative RealMe to provide verified identity services and e-signatures on a range of electronic documents.... view more →
A present to everyone (except Warner)
Everyone loves a quiz. So what is the most commercially successful song of all time? Yesterday by John Lennon and Paul McCartney*? Stairway to Heaven? White Christmas maybe?... view more →
Important tax changes when buying or selling property
As has been discussed in the media, the Government has moved to further regulate purchase of land in New Zealand by foreigners and the selling of land by anyone in the two year period after its purcha... view more →
Trans Pacific Partnership Agreement Negotiation Concluded
After more than half a decade, the negotiation of the Trans Pacific Partnership Agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Sin... view more →
Privacy Implications of Westpac's Release of Nicky Hager's Personal Information
We've heard this week that Westpac Bank voluntarily provided the New Zealand Police with author Nicky Hager's bank account information, without requiring a production order or warrant from the Court. ... view more →
LINK Business Franchising takes out Supreme Westpac Business Award
We are thrilled to announce that our client LINK Business Franchising last night won the Supreme Award at the 2015 Westpac Auckland (Central) Business Awards, after taking out the Excellence in Export... view more →
Updated: Was a Silver Fern Flag Rejected for IP Reasons?
As noted previously, intellectual property issues seem to have dogged the #nzflag selection process. However, one potentially popular option is repeatedly referenced as having been discounted because ... view more →
IRD Warning on Employee Share Purchase Arrangements
The IRD has issued a warning about employee share purchase arrangements that you'd do well to check if you are considering one or have one in place ...... view more →
Overseas Purchasers - How buying a business might assist with your immigration to New Zealand
If you are based overseas and wish to migrate to New Zealand, buying a business in New Zealand may assist with that aspiration.... view more →
Case Law Update: The Law of Penalties
Clauses in contracts which try to add a specific penalty amount or calculation have always been problematic.... view more →
Harmful Digital Communications Act - Update
The Harmful Digital Communications Act 2015 was passed into law with the changes suggested by the Select Committee incorporated ...... view more →
Lowdown Summer 2015
Welcome to the 2015 Summer edition of Lowdown... view more →
Reminder for retailers: Misleading consumers about their rights can lead to hefty fines
Ten Australian Harvey Norman franchisees have been fined a total of $286,000 for making false or misleading representations regarding consumer guarantee rights.... view more →
Update on financial markets overhaul
The Financial Markets Conduct Act 2013 is in the process of completely overhauling New Zealand’s financial markets laws. We are currently approaching the end of the transition period, in which our e... view more →
Incorporated Societies Reform
There are over 23,500 incorporated societies in New Zealand dedicated to various community pursuits. This diverse range of community organisations is currently governed by the Incorporated Societies A... view more →
Trade mark owners – make sure your trade mark does not become “generic”!
In a recent Court of Appeal decision (Tasman Insulation New Zealand Limited v Knauf Insulation Limited [2015] NZCA 602), the Court considered whether the word “batts” had become generic... view more →
Health and Safety at Work Act 2015
The new Health and Safety at Work Act 2015 became law on 4 April 2016. The Act along with the various regulations that underpin it, are extensive and lengthy.... view more →
Employment law changes - what you need to know
April 2016 saw the introduction of a number of key changes in employment law.... view more →
New tax rules provide opportunity for R & D cash-back
There is now an opportunity for a New Zealand company with tax losses, which undertakes a form of research and development, to claim a cash credit back.... view more →
Lowdown - Autumn 2016
Welcome to the 2016 Autumn edition of Lowdown..... view more →
The "Tail" of two crocodiles
Lacoste recently successfully defended its rights in the Court of Appeal to its trade mark which depicts both a crocodile and the word ‘crocodile’ (mark 70068) despite it never actually having use... view more →
Lowndes Jordan Prize in Corporate Legal Studies 2015
Lowndes Jordan recently held a presentation for the annual award of the Lowndes Jordan prize in Corporate Legal Studies for 2015.... view more →
Attempt to structure around the Overseas Investment Act proves costly
A recent case (LINZ v Carbon Conscious New Zealand Limited and Katey LR Investments Limited [2016] NZHC 558) serves as a reminder of the wide application of the overseas investment regime and a warnin... view more →
New 2016 SIAC Arbitration Rules address banking & finance industry needs
The sixth iteration of the arbitration rules of the Singapore International Arbitration Centre came into force earlier this month... view more →
Lowndes Jordan congratulates 90 Seconds
We were thrilled to work with the 90 seconds team in its recent restructure and $11 million capital raise from high profile investors... view more →
Of NARS and SNARS and copyright fair dealing
In Sky Network Television Limited v Fairfax New Zealand Limited [2016] NZHC 1883 (12 August 2016), Justice Fogarty has found for the defendant, Fairfax, refusing SkyTV’s interim injunction applicati... view more →
Hold-out creditor fails to block Solid Energy company arrangement
In a significant decision, the New Zealand High Court has rejected a minority hold-out creditor’s attempts to invalidate a voluntary deed of company arrangement for coal mining company Solid Energy ... view more →
A tale of two courts, two countries and two ISPs: iiNet and Cox
It is unusual to get cases in different jurisdictions with such similar facts that they allow us to directly compare the application of law in those jurisdictions. For copyright geeks, the comparison ... view more →
Global Arbitration Review interviews Tim Lindsay
Global Arbitration Review interviews Tim Lindsay on his return from London to Lowndes Jordan... view more →
NZ splits from UK on enforcement of foreign judgments
In its recent decision Michael Wilson & Partners Ltd v Thomas Ian Sinclair [2016] NZCA 376 the New Zealand Court of Appeal has allowed the execution in New Zealand of a foreign costs judgment, despite... view more →
Employee share scheme tax reform
Employee share schemes are globally recognised as an effective way to recruit, retain and incentivise employees. The legal compliance requirements necessary to establish such schemes have recently rel... view more →
CERT establishment advisory board appointed
Rick Shera has been appointed to the advisory board providing advice to the Ministry of Business, Innovation and Employment... view more →
Lowdown - Spring 2016
Welcome to the 2016 Spring edition of Lowdown... view more →
When does a director “live in New Zealand”?
ince 1 May 2015, the Companies Act 1993 has required that at least one director of each New Zealand company “live in New Zealand” or “live in an enforcement country and be a director of a compan... view more →
Trial provisions (yet again) under review
The outcomes of four separate, but related, claims may cause concern for employers whose standard employment contracts contain trial provision clauses.... view more →
An unsettling agreement
An Employment Relations Authority decision serves as a reminder that employees can bring claims for breach of minimum entitlements even after signing a settlement agreement.... view more →
Private International Law (Choice of Law in Tort) Bill introduced to Parliament
New Zealand companies doing business with foreign parties and foreign companies doing business in New Zealand will be interested in the Private International Law (Choice of Law in Tort) Bill, introduc... view more →
Buying or selling goods internationally?
Sale of Goods (United Nations Convention) Act 1994 - (The United Nations Convention on Contracts for the International Sale of Goods)... view more →
Important amendments to Arbitration Act 1996 (New Zealand)
A number of amendments to the Arbitration Act 1996 will come into force on the 1 March 2017.... view more →
Financial Institutions and Arbitration - ICC Commission on Arbitration Releases Report
The ICC Commission on Arbitration Task Force released today its multidisciplinary report Financial Institutions and Arbitration..... view more →
Maritime Transport Amendment Bill
Proposed Changes to Maritime Transport Act: oil pollution compensation, limitation regime, seafarer drug and alcohol management and other miscellaneous matters.... view more →
Netsafe conference launches new online harm service
Rick Shera opening the Netsafe Confronting Online Harm Together conference ..... view more →
Lowdown - Summer 2016
Welcome to the 2016 Summer edition of Lowdown.... view more →
First Major Harmful Digital Communications Act case to be appealed
It will be interesting to see whether the High Court on appeal can overcome the lack of evidence that saw a revenge porn victim's Harmful Digital Communications Act case rejected in the District Court... view more →
Limited partnerships become popular
A flexible and convenient option, limited partnerships are an increasingly popular business structure for venture capital and private equity firms looking to enter the New Zealand market.... view more →
Rubbing Salt in the Cox Wound
Having been slammed in 2016 with a USD25 million damages award by a US jury, Cox Communications has now had USD8 million costs award made against it in the case ...... view more →
OIO changes streamline the investing and consenting processes
The Overseas Investment Office has recently announced five new class exemptions and some other changes to the way it goes about its business.... view more →
Dotcom Decision: Some Initial Observations
These are just some initial thoughts, but it is clear that no matter what happens on appeal, this case will have signification ramifications in both the copyright and criminal law spheres ...... view more →
No Right to be Forgotten under Harmful Digital Communications Act
On the basis of this decision, it appears that the fears of some that the HDC Act would be used to chill free speech are not being borne out, and those seeking to expunge unhelpful past history from t... view more →
Moxion nominated in 2017 NZ Hi-Tech Awards
Congratulations to Hugh Calveley, Michael Lonsdale and the rest of the team at Moxion for their two nominations at the 2017 NZ Hi-Tech Awards.... view more →
Michelle York
Lowndes Jordan is pleased to announce the appointment of Michelle York to the commercial team.... view more →
Tim Lindsay to present ICC Financial Institutions and Arbitration report in Hong Kong
Lowndes Jordan litigation partner and leading arbitration lawyer Tim Lindsay will present the ICC Commission on Arbitration’s report on Financial Institutions and Arbitration to banks, financial ins... view more →
The International Chamber of Commerce (ICC) has amended its Arbitration Rules
The International Chamber of Commerce (ICC) has amended its Arbitration Rules (ICC Rules) to improve the efficiency of smaller claims (under US$2 million, and higher if parties opt-in). The amendments... view more →
Lowdown - Autumn 2017
Welcome to the 2017 Autumn edition of Lowdown.... view more →
Forex NZ 2000 Limited
Forex NZ 2000 Limited We are presently acting for a number of former clients of Forex NZ 2000 Ltd. If you are a client or former client of this company and require assistance please contact Lowndes Jo... view more →
ICC Appoints Timothy Lindsay as Court Member for New Zealand
Lowndes Jordan partner Timothy Lindsay has been appointed as an alternate member for New Zealand of the International Court of Arbitration of the International Chamber of Commerce (ICC).... view more →
IMeasureU sold to Vicon
Lowndes Jordan is pleased to have acted on the sale of IMeasureU to Vicon Motion Systems, part of the Oxford Metrics group (LSE:OMG). Well done to Mark Finch, Thor Besier, Matt Clarke, Andrew Wong, Ra... view more →
A social media law conversation
A social media law conversation... view more →
A social media law conversation: Part 2
A social media law conversation: Part 2... view more →
Rick Shera made a Fellow of InternetNZ
Congratulations to Lowndes Jordan partner Rick Shera, who has been made a Fellow of InternetNZ ...... view more →
Cybersecurity law is not just about privacy
Cybersecurity law is not just about privacy. Sure, the loss of millions of personal records is always going to hit the headlines, but legal ramifications go much further than that.... view more →
What's BKBM I hear you ask
If you've always wondered what BKBM is, the Reserve Bank explains ...... view more →
Financial Markets Authority guidance on cryptocurrency services
New Zealand's financial markets regulator, the FMA, has now issued comprehensive guidance on ICOs and cryptocurrency services generally ...... view more →
The Digital After Life... of cryptocurrencies
A friend asked me the other day what she should do to make sure her cryptocurrency holding was dealt with properly if she died. She's way younger than me, but "you never know", she said. ...... view more →
Privacy Bill vs GDPR
With this being Privacy Week in New Zealand, there being a New Zealand Privacy Bill in train, which would replace the current Privacy Act 1993, and now being only a couple of weeks away from 25 May 29... view more →
Record breaking crowdfunding
Lowndes Jordan is pleased to have advised Waiapu Investments Limited on its very successful crowdfunding campaign ...... view more →
UK Supreme Court upholds “no oral variation” clause
The United Kingdom Supreme Court has unanimously confirmed that “No Oral Variation” clauses are valid and enforceable in contract law...... view more →
Anti-Money Laundering and Countering Financing of Terrorism rules apply to lawyers
From 1 July 2018 all New Zealand lawyers have had to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.... view more →
Lowndes Jordan University of Auckland Corporate Law Prize winner 2017
Lowndes Jordan is pleased to announce the winner of the University of Auckland Corporate Law prize for 2017.... view more →
GDPR – Now the dust has settled
So you heard all the hype about the EU’s new data privacy law, the General Data Protection Regulation and had good intentions to work out what it means for your business, but just like that the 25th... view more →
Lowndes Jordan welcomes Liam Closey
Lowndes Jordan is pleased to announce the appointment of Liam Closey to the Commercial team.... view more →
Startup Weekend Auckland Is Back!
Lowndes Jordan is pleased to be a silver sponsor of the upcoming Startup Weekend Auckland. On 2 October 2020 #SWAuckland will be kicking off a 54 hour challenge to create, develop, and pitch a busines... view more →
Buying a chopper
New Zealand is said to have the highest number of helicopters per capita in the world, which is quite staggering: about half of them operate in the tourism industry. So changes in ownership are a fact... view more →
Lowndes Jordan welcomes Duncan Coats as Partner
The partners of Lowndes Jordan are pleased to announce that Duncan Coats has joined the partnership.... view more →
Lowndes Jordan remains open – remotely
Following the Prime Minister’s announcement on Tuesday 11 August 2020, Lowndes Jordan’s physical office is now closed and we are all working remotely from our homes... view more →
Covid-19. Key employment law information and FAQs
This update provides employers with workplace law guidance in relation to key issues that may concern them regarding the outbreak and Alert Level 4.... view more →
COVID-19. The epidemic’s impact on New Zealand commercial leases
This is a general overview of some of the issues of the epidemic's impact on New Zealand commercial leases. It is not legal advice, which should be sought by landlords and tenants who have particular ... view more →
COVID-19. The Government’s response to corporate insolvency
On Friday, 3 April 2020, the New Zealand Government announced changes to the Companies Act 1993 (Companies Act) aimed at supporting New Zealand businesses through the COVID-19 epidemic. The changes in... view more →
COVID-19. Contracts and performance flowchart
We expect many businesses and individuals to be assessing the virus' impact on their contractual obligations, including whether the virus excuses a party from its contractual obligations under a force... view more →
Mentemia goes live, free to all New Zealanders
Mentemia, with the help of funding and support from the Ministry of Health, Kiwibank and Westpac, has made its mental wellbeing app free to all New Zealanders throughout the Covid-19 response.... view more →
Level 2 at Lowndes Jordan's Offices
Access to our offices is restricted while we are at Level 2 ...... view more →
Emergency notification regime to begin
With the advent of Covid-19, a few aspects of the Government’s proposed overhaul of foreign investment law were expedited and passed into law under the Overseas Investment (Urgent Measures) Amendmen... view more →
Lowndes Jordan announces new commercial partner Sarah Kerr
Lowndes Jordan is delighted to welcome Sarah Kerr as a new partner at the firm. ...... view more →
Lowndes Jordan appoints David White as new General Manager
Lowndes Jordan is delighted to welcome David White as the new General Manager at the firm.... view more →
Sheryll Carey
It is with much sadness that we let you know of the passing of Sheryll Carey. Sheryll was our General Manager for 13 years until her retirement earlier this year ...... view more →
Lowndes Jordan Partner Appointed to High Court
Lowndes Jordan congratulates Rachel Sussock on her appointment as an Associate Judge of the High Court of New Zealand.... view more →
Rua Bioscience Limited - IPO and listing on the NZX Main Board
Lowndes Jordan is pleased to have advised Rua Bioscience Limited on its successful IPO and listing on the NZX Main Board.... view more →
Privacy Act 2020 - A whistle stop tour
On 1 December 2020 the Privacy Act 2020 (New Privacy Act) replaces the Privacy Act 1993 (1993 Act), which has been in operation for 25 years. Will your business be ready? We take you on a whistle stop... view more →
Festive Season closure 2020/2021
Lowndes Jordan is closed from 24 December 2020 reopening on 13 January 2021... view more →
Shipping
The Low Down
Marine Legislation Bill - Amendments
THE MARINE LEGISLATION BILL - Amendments to the Maritime Transport Act 1994 (MTA) and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012...... view more →
Marine Legislation Bill - Various Amendments
The Marine Legislation Bill (Bill) is presently before Parliament. It makes a number of changes to the Maritime Transport Act 1994 (MTA) which are intended to come into force on 1 April 2013...... view more →
Marine Legislation Bill - Ports and Harbour Safety
The Marine Legislation Bill (Bill) is presently before Parliament. The Bill seeks to make changes to the Maritime Transport Act 1994 (MTA) which are intended to come into force on 1 April 2013...... view more →
Google avoids liability in NZ
It had to happen - Google getting sued here for search results linking to allegedly defamatory material - it's happened in most other jurisdictions (with mixed results). In this case, A, a medical pra... view more →
Don't Surf the Web
A colleague sent me the sentencing remarks for Anton Vickerman (link is to a pdf download - decision also available below), who was sentenced to 4 years imprisonment...... view more →
Facebook User Generated Content is Advertising (in Australia but not in New Zealand - updated)
A decision of the Australian Advertising Standards Bureau (ASB) should send a warning to advertisers - and not just in Australia. In the decision...... view more →
TPP Presentation - transparency
I spoke about the Trans Pacific Partnership Agreement at the monthly meeting of New Zealand Information Security Forum ...... view more →
Oracle v Google: US-NZ Interoperability
Rather than reading distillations of the Oracle v Google decision on copyrightability of application programming interfaces (APIs), anyone at all interested in the area should read Alsup J's judgment ... view more →
The Megaupload Saga: An Introduction
Megaupload is described as the biggest copyright case in history. The prosecution seeks to convict those it says have engaged in a worldwide criminal "Mega Conspiracy ... with estimated harm to copyri... view more →
Greg Ham: Copyright sadness
Saddened to hear that the death of Greg Ham of Men at Work may in part be down to overbearing application of copyright law ...... view more →
Draft NZ Cloud Computing Code - Submission
The New Zealand Computer Society's consultation on the draft NZ Cloud Computing Code of Practice closed a little while ago. Here's Rick Shera's submission ...... view more →
iiNet Copyright Decision Imminent
The long awaited decision of the High Court of Australia in Roadshow Films Pty Limited & Ors v iiNet limited is scheduled to be handed down next Friday 20 April 2012 (ASX announcement by iiNet) ...... view more →
Megaupload 4 get their internet access back
After an erudite exposition of the human right nature of internet access by His Honour District Court Judge David Harvey (NZ's most tech savvy jurist), the USA not surprisingly acceded to the accuseds... view more →
Don't like that Court ruling? Sue the Government to have it changed
I wrote earlier about the issues with the proposed Trans Pacific Partnership Agreement (TPPA) investor-state provisions. Those are the provisions which would enable a foreign investor to sue a Governm... view more →
Copyright 3strikes price review
As promised, MED is consulting on the $25 maximum fee which may be charged by IPAPs (ISPs) for processing notices for copyright owners and otherwise performing IPAP obligations under the Copyright (In... view more →
Anonymised Data in the UK and US: Seminar
The New Zealand Information Security Forum is hosting a special 1 hour seminar from a couple of visiting experts ...... view more →
Copyright: Death by Digitisation?
Just a quick post triggered by two court cases from opposite sides of the world. In the first, Optus in Australia succeeded at first instance in batting away a claim that its TVNow product infringes c... view more →
Irish Court says Facebook doesn't have to filter posts
It's good to see Courts in various jurisdictions getting it. They understand that it is practically impossible and legally unjustified to try to impose on online service providers a duty to filter or ... view more →
Foreign Charter Fishing Vessels (FCV’s):
The 27 or so FCV's operating in New Zealand account for about half of the fish landed from our EEZ and bring with them some significant economic benefits. However FCV's have not been without their pro... view more →
Third copyright strike for 3strikesnz
The third decision of the New Zealand Copyright Tribunal under our graduated response, infringing file sharing, "3 strikes", regime has just been issued ...... view more →
Updated: IFPI on New Zealand: Good and Bad
I see IFPI (the International Federation of the Phonographic Industry) has published what it calls its annual "report card" ...... view more →
Cloud Code defence to Megaupload claims
The deadline for submissions on the structure for the NZ Cloud Code of Practice is 2 days away (27 January 2012). Given the fears - some misplaced, others not - generated by the Megaupload site takedo... view more →
Don't like that law? Just sue the Government
Even if the proposed trans pacific partnership agreement (TPPA) is net beneficial to New Zealand (and some evidence on that would be good), we should be wary of including the so called investor state ... view more →
Show me the Evidence
If someone's wrongdoing is causing you serious harm and you need something done about it, you might go to Court to seek an injunction. The Court will want to know that whoever you are accusing actuall... view more →
Internet Linking and copyright: A blast from the past
The Supreme Court of Canada's decision in Crookes v Newton, finding that hyperlinks, of themselves, are not publications in defamation law, brings back fond memories ...... view more →
ACTA process should not be used for TPP
New Zealand has just announced that it is to sign the Anti Counterfeiting Trade Agreement (ACTA). I'm not so fussed about that now because ...... view more →
ADLS Copyright (Infringing File Sharing) Amendment Act Seminar
I'm speaking at an Auckland District Law Society seminar on New Zealand's new Copyright (Infringing File Sharing) Act and associated Regulations, which came into force on 1 September ...... view more →
Privacy Commissioner to get some teeth
The release of the final report in the Law Commission's long running privacy law review foreshadows the Privacy Commissioner being given enhanced powers ...... view more →
Copyright (Infringing File Sharing) Amendment Act - process diagrams
I've been consulting to the Telecommunications Carriers' Forum on copyright issues since the ill-fated introduction of section 92A of the Copyright Act a few years ago ...... view more →
UK ISP injuncted to block Newzbin website. Could it happen in NZ?
In a decision issued yesterday (67 page PDF), Justice Arnold in the UK High Court, Chancery Division, granted an injunction in a test case against the largest British ISP, BT ...... view more →
Copyright law crashes at last hurdle
Until April this year, the Powers that be were doing a good job consulting on the replacement for the infamous three strikes s92A of the Copyright Act - several detailed rounds of consultation and a B... view more →
Copyright Cheapskates
I've drafted, or been involved with, a number of responses to the Ministry of Economic Development's Discussion Paper on the Regulations (PDF) envisaged by the Copyright (Infringing File Sharing) Amen... view more →
US wants to take an axe to New Zealand IP law (updated)
It's one way of negotiating the Trans Pacific Partnership Agreement (TPPA) I guess. Leak a document containing multiple extreme positions and then gracefully back down in the face of inevitable object... view more →
Prof Susi Frankel to talk on intellectual property aspects of Trans Pacific Partnership Agreement (TPP)
As a member of IPSANZ, I've just been sent a flyer for a series of talks being given by Professor Susi Frankel of Victoria University, in Auckland, Hamilton, Wellington and Christchurch, entitled: A U... view more →
ISP name suppression proposal needs fixing
Yesterday, I spoke at InternetNZ's very useful workshop on New Zealand's proposed re-write of our name suppression law, along with District Court Judge Harvey, Dr Warren Young of the Law Commission, T... view more →
A Kiwi Questions the Australian Yellow Pages decision
I've just got around to reading the Federal Court of Australia's decision in Telstra Corporation Limited v Phone Directories Company Pty Limited [2010] FCAFC 149 ...... view more →
French copyright holders are sending 50,000 notices per day. What does that mean for us?
Techdirt reports that copyright holders (not necessarily original creators; more likely rights owning organisations like RIAA and MPA) are angry that HADOPI, the French Government clearing house for c... view more →
Copyright liability for someone else's file sharing
One of the major changes which would be made by the Copyright (Infringing File Sharing) Amendment Bill is to make an internet account holder liable for any file sharing infringement that occurs using ... view more →
Open letter to Minister Power on Copyright Bill
I've made my views on the Copyright (Infringing File Sharing) Amendment Bill, well known on this blog and elsewhere. We've certainly come a long way since the three strikes, guilt upon accusation, sec... view more →
Trans Pacific Partnership (TPP) Bust-up
There are so many leaks of "official" information these days It's hard to keep up, but I've just read what is apparently a paper submitted by New Zealand negotiators on the intellectual property aspec... view more →
TPP: Son of ACTA secrecy
It is disappointing to see a return to original ACTA-like secrecy in the Trans Pacific Partnership negotiations in terms of the text... view more →
Regulating that new fangled wild west internet thingy
Simon Power - law reform Minister extraordinaire - recently pronounced the internet the "wild west" and has therefore asked to the Law Commission to see how he can plug the gaps ...... view more →
NZ's copyright proposal: Guilty until you prove you're innocent (updated)
It's like Groundhog day. Back in 2008, after the Parliamentary Select Committee had removed section 92A from the Copyright (New Technologies) Amendment Bill, it was reintroduced unannounced on April F... view more →
One step closer to NZ's copyright graduated response regime
The hurricane is now visible. Well. actually, compared to the original section 92A or even the original Copyright (Infringing File Sharing) Amendment Bill, the Bill as just reported back from Select C... view more →
Don't transfer copyright that you need
A tweet from Brenda Wallace (@BR3NDA) reminded me of an issue I've been meaning to raise - copyright in code that you as a coder write for someone else ...... view more →
The pirates are coming! The pirates are coming!
It's always fun to take a look at releases from RIANZ on copyright (tweeting under the name @lovemusicnz). I like to see how an industry which is delivering better returns to musicians and composers y... view more →
Whaleoil appeals name suppression conviction (updated)
It came as no surprise to me that Cameron Slater (Whaleoil) was found guilty of breaching name suppression and victim identification orders by District Court Judge David Harvey ...... view more →
Irish ISP was lucky
I've just read Justice Charleton's decision in EMI Records (Ireland) Limited & ors v UPC Communications Ireland Limited (2009 No. 5472 P, unrep, 11 October 2010). TJ McIntyre, who blogs at IT Law in I... view more →
Updated: No protection against self-incrimination for computer access
Questions around removal of the protection against self incrimination came up in the debate over the Search & Surveillance Bill in 2009 and earlier this year. I remember thinking that people obviously... view more →
ACTA concerns still but watch out for TPP
The latest ACTA text from the Japan round is out and it's good to see it released officially by the negotiating parties this time.... view more →
ISPs to police NZ name suppression laws (updated)
The Government has announced proposals to change the law on name suppression. The Law Commission reported on this in 2009 and no doubt Cameron Slater's ill-advised and ultimately illegal crusade has a... view more →
Who needs ACTA when the US can do it all for us?! (updated)
Having agreed that coercing ISPs with so called safe harbours is a bad idea (ACTA: Latest leak decimates ISP provisions), it now appears that some in the US are intent on going much further by another... view more →
Analysis of major Cloud provider Ts&Cs
Stumbled on a very good analysis and summary of the terms and conditons (Ts&Cs) of many of the major cloud providers ...... view more →
Copyright Owners in UK to be subsidised by ISPs (updated)
There have been a lot of things wrong with New Zealand's attempts to come up with a system to cater for repeat online copyright infringement. Section 92A was a disaster ...... view more →
Whaleoil blogger convicted of breaching name suppression orders
No real surprise that Cameron Slater (of Whaleoil blog) has been convicted on 9 of 10 counts of breaching name suppression/victim ID orders ...... view more →
ACTA: Latest leak decimates ISP provisions
What appears to be the official latest iteration of the Anti Counterfeiting Trade Agreement (ACTA) has been leaked ...... view more →
3 tips for internet, technology and new media start-ups: No2 - Securities Act compliance
In my previous post I talked about how important it is to make sure that your company actually owns the intellectual property that justifies the investment value. If you don't get that right, then you... view more →
3 tips for internet, technology and new media start-ups: No1 – intellectual property ownership.
For a business start-up, taking a great idea out of the proverbial garage to commercial success may be beyond the capacity of its creator. External investment capital is often needed ...... view more →
ISP copyright code of practice up (updated)
Computerworld reports some pressure coming to bear in the Roadshow Films v iiNet appeal hearing, for the parties to get together to agree a code of practice. A code was originally envisaged ...... view more →
The (not so) disappearing submission
I wrote the other day about the New Zealand Law Society's submission on the Copyright (Infringing File Sharing) Amendment Bill. In that submission, NZLS, argues for repeat copyright infringers to be l... view more →
NZ Law Society wants people kicked off internet completely (updated)
I'm a member of the NZ Law Society. So, I am interested to see that my Society is up tomorrow before the Select Committee dealing with the Copyright (Infringing File Sharing) Amendment Bill ...... view more →
Makes me ashamed to be a lawyer
Most people reading this will know about the John Doe lawsuits filed in the US alleging p2p copyright infringement of the Hurt Locker (among other films). They are referred to as John Doe proceedings ... view more →
Hector's World Gets Rave Review
Liz Butterfield, Managing Director of Hectors World (of which I have the privilege of being chair), just rang me to let me know that an influential US blog (which we've never heard of or had any conta... view more →
A More Flexible Copyright law
Technological change continues to happen at breakneck speed. As I've discussed in relation to areas such as book publishing, what used to be lucrative business models have to adapt or are liable to de... view more →
Judge Harvey Goes Web 2.0
Auckland District Court Judge David Harvey, author of internet.law.nz, is one of New Zealand’s most net savvy jurists. A good thing then that he was assigned to hear the case Department of Internal ... view more →
Courts moving into the digital age
Good to see the passing of the Courts (Remote Participation) Act 2010, which will allow greater use of audio-visual tools in the giving of evidence ...... view more →
Does Downunder really infringe Kookaburra?
EMI and Men at Work, having earlier lost to Larrikin Music on Larrikin's claim that Downunder infringed copyright in the Aussie folk song Kookaburra sits in old gum tree, have now been ordered to pay ... view more →
eBooks and new business models (updated)
It is easy to fall into the trap of taking the arguments used by the music and film industries as proxies for the general rights holder community. Equally, the counter-arguments of fair-use and free a... view more →
iiNet Costs award
I have previously commented on the very important decision in the iiNet copyright case (where Australia's 3rd biggest ISP, iiNet, was found not liable for authorising p2p infringement by its customers... view more →
New Companies Office Site: When is a director not a director?
The new Companies Office site launched over the weekend is excellent in terms of layout, functionality and speed. As Chris Keall says, dispensing with often grindingly slow Java dialogue boxes provide... view more →
UK and Canada move copyright goalposts for NZ
First UK, in its Digital Economy Act, and now Canada in its C-32 Bill, have gone with notice and notice, rather than 3 strikes, graduated response or whatever one wants to call the offspring of the no... view more →
Googlebooks Settlement and Privacy
Two posts in as many weeks on the Googlebooks settlement. No, I am not fixated … well, maybe just a little. But, I think that's understandable because, for me, this settlement ticks all my professio... view more →
What is wrong with the Googlebooks settlement?
For the last 8 months or so, I've been providing pro bono assistance to the New Zealand Society of Authors in their objections to the Google Books settlement. The NZSA lodged an objection ...... view more →
Tweeting to better writing
Being a lawyer comes with an occupational defect - being too wordy. We can get a bit obsessed with having to cover every base, dot every i and cross every t. That often makes for ...... view more →
Manifestly Unjust?
A few things to note from the most recent decision of the Copyright Tribunal in RIANZ v CAL2012-E000609 [2013] NZCOP 5 (see sidebar pdf), issued on 7 March 2013. The case involved a soldier who submit... view more →
Consumer Law Reform Bill will make major changes
The Consumer Law Reform Bill (CLRB) had its second reading in Parliament on 12 December 2012 and should be passed sometime this year. It will make major changes to various consumer laws...... view more →
Shipping - Commerce Act to be applicable to international shipping
The Minister of Commerce has announced that international shipping is to be placed within the framework of the Commerce Act 1986 ...... view more →
The Digital Afterlife
What becomes of our online assets and identity after we die, and how can we ensure that they are treated appropriately by our executors?... view more →
Insurance – Funding of Fire Services
The Government is undertaking a review of the Fire Service. Over time the functions performed by the fire services have changed and now cover a wider range of services, including non-fire emergency se... view more →
Section 9 Law Reform Act 1936 – Charges over Insurance Money
Where a liability arises under an insurance policy the Law Reform Act 1936 (Act) allows an injured third party to claim directly against another party's insurer. Usually this right is invoked where th... view more →
Law Reform for Government Surveillance - the GCSB and TICS Bills
Two important pieces of legislation are currently being debated before Parliament, each relating to the expansion of the government’s ability to carry out surveillance on New Zealanders...... view more →
New Trademark Clearinghouse for domain names
The Internet Corporation for Assigned Names and Numbers (ICANN) has recently opened its Trademark Clearinghouse (TMCH) to help trade mark owners protect their brands in anticipation of the impending l... view more →
But is user generated content really advertising?
I've written before about what seems to be a difference of opinion between the New Zealand Advertising Standards Authority (ASA) and its Australian cousin, the Advertising Standards Bureau (ASB), as t... view more →
Blurring the copyright lines
A group of Auckland Law School students - Adelaide Dunn, Olivia Lubbock and Zoe Ellwood - have created an excellent parody of the Robin Thicke Blurred Lines video but is it legal? ...... view more →
Supplier’s Guarantee ‘As to Delivery’ of Consumer Goods
The Consumer Law Reform Bill (Bill) proposes to amend the Consumer Guarantees Act 1993 (CGA) by introducing an additional supplier’s guarantee ‘as to delivery’ in Part I of the CGA...... view more →
Cross Border Insolvency and Ship Arrest
New Zealand has implemented the United Nations Model Law on Cross Border Insolvency (Model Law) in the Insolvency (Cross Border) Act 2006 (Act). Under the Act, foreign insolvency administrators may ap... view more →
Health and Safety Law Reform Announced
On 7 August 2013, the Minister of Labour announced significant reform to the Health and Safety legislation...... view more →
Review of Civil Aviation Act 1990
The Ministry of Transport has commenced the review of the Civil Aviation Act 1990...... view more →
Trans - Tasman Proceedings Act – another step towards a single economic market
The Trans - Tasman Proceedings Act 2010 (TTPA) is scheduled to come fully into force on 11 October 2013. It implements the Agreement between the Government of New Zealand and the Government of Austral... view more →
Trans Pacific Partnership needs a level playing field
There are plenty of arguments against penalising New Zealand with the US TPP intellectual property proposals. But, if we are to accept those penalties, then the current off the ball issues need to be ... view more →
Maritime Operators Safety System Rules Signed Off
On 3 October 2013 Minister of Transport Gerry Brownlee signed Maritime Rules which will implement the new Maritime Operator Safety System (MOSS) in place of the existing Safe Ship Management (SSM) sch... view more →
UAS, UAV, RPA , Drone – Call it what you will
Unmanned aircraft systems, unmanned aerial vehicles, remotely piloted aircraft, drones, call them what you will, whether it be a Global Hawk with a wingspan greater than a 737 or a small hexacopter bo... view more →
Domain name developments
New international domain names. We have mentioned before the introduction of a vast range of new international domain names or gTLDs as they are called...... view more →
Updated: Harmful Digital Communications Bill
The Harmful Digital Communications Bill would set up an Approved Agency to try, by “negotiation, mediation and persuasion” to deal with harmful material which is posted online..... view more →
Directors, D&O Cover and Defence Costs – The Supreme Court’s Final Word
In June last year we commented on on-going litigation between the Receivers of various Bridgecorp companies and their directors in relation to a $20 million D&O insurance policy. At issue was the Rece... view more →
Directors’ defence insurance cut down by Supreme Court
A recent Supreme Court ruling significantly impacts on the operation of Directors’ and Officers’ (D&O) insurance policies, and indeed any other insurances, which have a combined single limit of li... view more →
Director’s Personal Liability for Unsafe Vessel Ops
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 c... view more →
Customs Appeals: Compliance with time limits – a hard lesson
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 ... view more →
The Trans Pacific Partnership Agreement: What could it mean for Authors?
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 resolutio... view more →
Beware the full frontal selfie
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 ... view more →
Startup Weekend. Why do we do it? Three Big E's; that's why
After the most recent Auckland Startup Weekend, which we considered the best yet, we sat down to think why we have been such strong supporters of these weekends in the 3 years since they started in Ne... view more →
Goodbye to Postal Rule
In the days when most things went by physical post, in envelopes, delivered by actual people, in real life, mostly on bikes, the law developed the the postal rule. It is an exception to the general ru... view more →
Admiralty Claims Trump Cross Border Insolvency
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 ... view more →
The Chain of Responsibility
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... view more →
Note to Insolvency Practitioners – Health and Safety Reforms
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 ... view more →
Director Given Community Service and Fined for Unsafe Vessel
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 o... view more →
UAV Near Misses
The Australian Transport Safety Bureau (equivalent to New Zealand’s Transport Accident Investigation Commission) has recently reported on two near misses between UAVs and manned aircraft (in one cas... view more →
Carriage and Delivery of Goods
Increased limit under Carriage of Goods Act 1979 and new guarantee as to delivery under Consumer Guarantees Act 1993.... view more →
Civil Aviation Authority Funding – Have Your Say
The CAA is undertaking a review of its funding framework for the provision of regulatory services.... view more →
Infringing File Sharing Regime: Process Diagrams
Diagrams showing the processes under the Copyright (infringing File Sharing) Amendment Act changes to the Copyright Act 1994. A complicated process when it requires three pages to describe it... view more →
Action Required: Huge change for New Zealand domain name space
From 1pm, 30 September 2014, you will be able register directly in the top level .nz domain space. So, you'll be able to get [anyname].nz rather than [anyname].co.nz or [anyname].org.nz, for example. ... view more →
User Generated Content hosts breathe sigh of relief
The New Zealand Court of Appeal has just released its much awaited decision in the Murray v Wishart defamation strikeout case. The case concerned a campaign run by Mr and Mrs Murray, on Faceb... view more →
RPAS - Remotely Piloted Aircraft Systems - New Rules
At the moment Parts 19 and 101 of the Civil Aviation Rules (CARs) govern the operation of RPAS in New Zealand airspace.... view more →
Data is not property says NZ Court of Appeal
The appeal in Watchorn v R [2014] NZCA 493 continues the Court of Appeal's narrow interpretation of what is meant by the word "property" in the computer crimes sections of the Crimes Act. The... view more →
Video of Rick Shera's Keynote address to National Digital Forum Conference 2014 - Teh Intarweb: It'll be the death of us all
What happens to our digital assets - the things we post online on social media platforms, blogs etc and to our social media accounts themselves, after we die?... view more →
EMPLOYMENT LAW CHANGES - ARE YOU READY?
With 2014 well and truly behind us, it’s time to focus on how the employment law landscape will develop in 2015.... view more →
Supreme Court decision on Voidable Transaction Defence
The Supreme Court of New Zealand has recently released a decision giving clarity to the operation of the voidable transaction provisions within the Companies Act 1993.... view more →
Health and Safety Reform Bill - Delay of Select Committee Report
As we have previously reported, the Health and Safety Reform Bill 2014 (the Bill) will replace the Health and Safety in Employment Act 1992 and will cause significant change to health and safety in th... view more →
Increased Limits of Liability - 1976 Limitation Convention and 1996 Protocol
Following the grounding of m.v. "Rena" Parliament amended Part 7 of the Maritime Transport Act 1993 to incorporate the full terms of the Convention on the Limitation of Liability for Maritime Claims (... view more →
New Rules for Remotely Piloted Aircraft Systems. Do you know the risks? Have you got permission to fly?
The number of incidents involving drones is rising quickly as their use increases, giving rise to growing safety concerns. With this in mind, on 1 August 2015 new Civil Aviation Rules governing the op... view more →
Attitude Live finalist in 2015 World Summit Awards
Our client, Attitude Live, has been selected as a finalist in the upcoming 2015 World Summit Awards ...... view more →
TPP Could Block Copyright Fair Use
Imagine that - we negotiate away copyright concessions to the US in TPP, only to find that the same lobbyists sitting in behind those negotiations then use the ISDS provisions of the same agreement to... view more →
UPDATED: #Redpeak Intellectual Property Issue?
The intellectual property issues around the #nzflag process are very interesting. IP was one of the things that had to be taken into consideration by the flag consideration panel ...... view more →
How to Slam a Cyber-squatter
The .nz domain name dispute resolution service has been successful in providing an inexpensive, fast track method for people who have rights in a domain name to prevent those who do not - so called cy... view more →
A present to everyone (except Warner)
Everyone loves a quiz. So what is the most commercially successful song of all time? Yesterday by John Lennon and Paul McCartney*? Stairway to Heaven? White Christmas maybe?... view more →
Trans Pacific Partnership Agreement Negotiation Concluded
After more than half a decade, the negotiation of the Trans Pacific Partnership Agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Sin... view more →
Privacy Implications of Westpac's Release of Nicky Hager's Personal Information
We've heard this week that Westpac Bank voluntarily provided the New Zealand Police with author Nicky Hager's bank account information, without requiring a production order or warrant from the Court. ... view more →
Updated: Was a Silver Fern Flag Rejected for IP Reasons?
As noted previously, intellectual property issues seem to have dogged the #nzflag selection process. However, one potentially popular option is repeatedly referenced as having been discounted because ... view more →
IRD Warning on Employee Share Purchase Arrangements
The IRD has issued a warning about employee share purchase arrangements that you'd do well to check if you are considering one or have one in place ...... view more →
Harmful Digital Communications Act - Update
The Harmful Digital Communications Act 2015 was passed into law with the changes suggested by the Select Committee incorporated ...... view more →
Health and Safety at Work Act 2015
The new Health and Safety at Work Act 2015 became law on 4 April 2016. The Act along with the various regulations that underpin it, are extensive and lengthy.... view more →
Employment law changes - what you need to know
April 2016 saw the introduction of a number of key changes in employment law.... view more →
Lowndes Jordan congratulates 90 Seconds
We were thrilled to work with the 90 seconds team in its recent restructure and $11 million capital raise from high profile investors... view more →
Of NARS and SNARS and copyright fair dealing
In Sky Network Television Limited v Fairfax New Zealand Limited [2016] NZHC 1883 (12 August 2016), Justice Fogarty has found for the defendant, Fairfax, refusing SkyTV’s interim injunction applicati... view more →
A tale of two courts, two countries and two ISPs: iiNet and Cox
It is unusual to get cases in different jurisdictions with such similar facts that they allow us to directly compare the application of law in those jurisdictions. For copyright geeks, the comparison ... view more →
Trial provisions (yet again) under review
The outcomes of four separate, but related, claims may cause concern for employers whose standard employment contracts contain trial provision clauses.... view more →
An unsettling agreement
An Employment Relations Authority decision serves as a reminder that employees can bring claims for breach of minimum entitlements even after signing a settlement agreement.... view more →
Buying or selling goods internationally?
Sale of Goods (United Nations Convention) Act 1994 - (The United Nations Convention on Contracts for the International Sale of Goods)... view more →
Maritime Transport Amendment Bill
Proposed Changes to Maritime Transport Act: oil pollution compensation, limitation regime, seafarer drug and alcohol management and other miscellaneous matters.... view more →
First Major Harmful Digital Communications Act case to be appealed
It will be interesting to see whether the High Court on appeal can overcome the lack of evidence that saw a revenge porn victim's Harmful Digital Communications Act case rejected in the District Court... view more →
Rubbing Salt in the Cox Wound
Having been slammed in 2016 with a USD25 million damages award by a US jury, Cox Communications has now had USD8 million costs award made against it in the case ...... view more →
Dotcom Decision: Some Initial Observations
These are just some initial thoughts, but it is clear that no matter what happens on appeal, this case will have signification ramifications in both the copyright and criminal law spheres ...... view more →
No Right to be Forgotten under Harmful Digital Communications Act
On the basis of this decision, it appears that the fears of some that the HDC Act would be used to chill free speech are not being borne out, and those seeking to expunge unhelpful past history from t... view more →
Cybersecurity law is not just about privacy
Cybersecurity law is not just about privacy. Sure, the loss of millions of personal records is always going to hit the headlines, but legal ramifications go much further than that.... view more →
What's BKBM I hear you ask
If you've always wondered what BKBM is, the Reserve Bank explains ...... view more →
Financial Markets Authority guidance on cryptocurrency services
New Zealand's financial markets regulator, the FMA, has now issued comprehensive guidance on ICOs and cryptocurrency services generally ...... view more →
The Digital After Life... of cryptocurrencies
A friend asked me the other day what she should do to make sure her cryptocurrency holding was dealt with properly if she died. She's way younger than me, but "you never know", she said. ...... view more →
Privacy Bill vs GDPR
With this being Privacy Week in New Zealand, there being a New Zealand Privacy Bill in train, which would replace the current Privacy Act 1993, and now being only a couple of weeks away from 25 May 29... view more →
Record breaking crowdfunding
Lowndes Jordan is pleased to have advised Waiapu Investments Limited on its very successful crowdfunding campaign ...... view more →
UK Supreme Court upholds “no oral variation” clause
The United Kingdom Supreme Court has unanimously confirmed that “No Oral Variation” clauses are valid and enforceable in contract law...... view more →
Startup Weekend Auckland Is Back!
Lowndes Jordan is pleased to be a silver sponsor of the upcoming Startup Weekend Auckland. On 2 October 2020 #SWAuckland will be kicking off a 54 hour challenge to create, develop, and pitch a busines... view more →
Buying a chopper
New Zealand is said to have the highest number of helicopters per capita in the world, which is quite staggering: about half of them operate in the tourism industry. So changes in ownership are a fact... view more →
Lowndes Jordan welcomes Duncan Coats as Partner
The partners of Lowndes Jordan are pleased to announce that Duncan Coats has joined the partnership.... view more →
Covid-19. Key employment law information and FAQs
This update provides employers with workplace law guidance in relation to key issues that may concern them regarding the outbreak and Alert Level 4.... view more →
COVID-19. Contracts and performance flowchart
We expect many businesses and individuals to be assessing the virus' impact on their contractual obligations, including whether the virus excuses a party from its contractual obligations under a force... view more →
Mentemia goes live, free to all New Zealanders
Mentemia, with the help of funding and support from the Ministry of Health, Kiwibank and Westpac, has made its mental wellbeing app free to all New Zealanders throughout the Covid-19 response.... view more →
Emergency notification regime to begin
With the advent of Covid-19, a few aspects of the Government’s proposed overhaul of foreign investment law were expedited and passed into law under the Overseas Investment (Urgent Measures) Amendmen... view more →
Lowndes Jordan announces new commercial partner Sarah Kerr
Lowndes Jordan is delighted to welcome Sarah Kerr as a new partner at the firm. ...... view more →
Lowndes Jordan appoints David White as new General Manager
Lowndes Jordan is delighted to welcome David White as the new General Manager at the firm.... view more →
Lowndes Jordan Partner Appointed to High Court
Lowndes Jordan congratulates Rachel Sussock on her appointment as an Associate Judge of the High Court of New Zealand.... view more →
Rua Bioscience Limited - IPO and listing on the NZX Main Board
Lowndes Jordan is pleased to have advised Rua Bioscience Limited on its successful IPO and listing on the NZX Main Board.... view more →
Privacy Act 2020 - A whistle stop tour
On 1 December 2020 the Privacy Act 2020 (New Privacy Act) replaces the Privacy Act 1993 (1993 Act), which has been in operation for 25 years. Will your business be ready? We take you on a whistle stop... view more →
Festive Season closure 2020/2021
Lowndes Jordan is closed from 24 December 2020 reopening on 13 January 2021... view more →
When is the best time to get Lowndes Jordan involved?
It is best to get us involved at the earliest possible time. In our experience, costs can increase dramatically where people try to go it alone for as long as they can and then come and see us when it... view more →
How do we go about engaging Lowndes Jordan to assist us?
We like to meet face to face if that is possible - although we do have clients in New Zealand and elsewhere that we have not met other than by email or via zoom! However we do it, it is important that... view more →
Who are Lowndes Jordan?
Lowndes Jordan is a specialist corporate, commercial, business and IT law firm based in Auckland City, New Zealand. The firm was formed in 1986 as the first niche corporate law firm in New Zealand, re... view more →
What information does Lowndes Jordan need from us?
Generally more is better. It is surprising how often we start off down a track only to find a piece of information comes to light later, leading to problems as we have to pivot in another direction. D... view more →
Who will be involved on the project?
We will assess what is involved on the particular project and let you know our best people who are to handle it. If you have an existing relationship with someone here or you have come to us because y... view more →
How will Lowndes Jordan charge us and how much does it cost?
Generally, we bill monthly based on the time we have spent and the different charge out rates of the people here who are involved in the project and for different types of work. If a project is partic... view more →
Charge out Rates?
All our staff record the time they spend at different charge out rates. These are reviewed at the beginning of each year to keep pace with inflation and recognise increases in expertise. At the beginn... view more →
Is Lowndes Jordan open to other payment arrangements?
Yes, depending on the nature of the project, we are happy to talk about fixed fees, retainers, success fees, payment terms and other arrangements.... view more →
Can you give us an estimate or a quote?
Yes, if it is feasible to do so. Any estimate or quote will be clearly labelled as such.... view more →
How will Lowndes Jordan communicate with us?
Generally we send and receive most things by email these days. The contact details for the people who will be working with you and their PAs are on each person’s page on this website.... view more →
Law seems full of jargon; can you simplify it a bit?
We try our best but if you do not understand something because we‘ve slipped back into bad old habits, make sure you ask – we will not be offended. We promise not to use any Latin!... view more →
What if I have a concern about Lowndes Jordan’s service or fees?
In the first instance, we encourage you to take any concerns up with the person who is responsible for your relationship with us (you will always know who that is). If you do not feel comfortable doin... view more →
Why do you need personal ID information and bank account details from me?
Lawyers are now subject to the Anti-Money Laundering and Financing of Terrorism Act , usually referred to as AML. This means that where you are having us act on a business or property transaction, tru... view more →
What information do I need to give you?
For a number of projects, we will be required obtain detailed personal and transaction information from you under the Anti-Money Laundering and Countering Financing of Terrorism Act rules that apply t... view more →
About
site->getcontenturl('/content/images/peoplehead_1.jpg') ?>" alt=""> Lowndes Jordan is a leading New Zealand legal firm with an established history as advisors to business and individuals in the specia... view more →
Team
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