Cross Border Insolvency and Ship Arrest
Cross Border Insolvency and Ship Arrest
10 September 2013 | By  Barbara Versfelt
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 apply to the New Zealand Courts for recognition of insolvency proceedings commenced overseas...
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Supplier’s Guarantee ‘As to Delivery’ of Consumer Goods
Supplier’s Guarantee ‘As to Delivery’ of Consumer Goods
06 September 2013 | By  Barbara Versfelt
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...
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Blurring the copyright lines
Blurring the copyright lines
02 September 2013 | By  Rick Shera
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? ...
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But is user generated content really advertising?
But is user generated content really advertising?
01 August 2013 | By  Rick Shera
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 to whether user generated comments (UGC) are subject to their respective codes ...
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New Trademark Clearinghouse for domain names
New Trademark Clearinghouse for domain names
01 July 2013 | By  Rick Shera  | 
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 launch of hundreds of new gTLDs (generic top-level domains).
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Law Reform for Government Surveillance - the GCSB and TICS Bills
Law Reform for Government Surveillance - the GCSB and TICS Bills
28 June 2013 | By  Rick Shera
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...
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Section 9 Law Reform Act 1936 – Charges over Insurance Money
Section 9 Law Reform Act 1936 – Charges over Insurance Money
24 June 2013 | By  Karl Stolberger
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 the insured is insolvent. Section 9 of the Act creates a charge over the relevant insurance monies in favour of the claimant and thus protects those monies from the claims of other creditors of an insolvent insured. An insurer cannot however be made liable beyond the scope of its obligations under the applicable policy...
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Insurance – Funding of Fire Services
Insurance – Funding of Fire Services
24 June 2013 | By  Karl Stolberger  | Barbara Versfelt
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 services. The funding arrangements in the applicable legislation no longer align with the services undertaken...
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The Digital Afterlife
The Digital Afterlife
19 June 2013 | By  Stephanie Nicolson  | Rick Shera
What becomes of our online assets and identity after we die, and how can we ensure that they are treated appropriately by our executors?
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Shipping - Commerce Act to be applicable to international shipping
Shipping - Commerce Act to be applicable to international shipping
07 May 2013 | By  Barbara Versfelt  | Karl Stolberger
The Minister of Commerce has announced that international shipping is to be placed within the framework of the Commerce Act 1986 ...
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Consumer Law Reform Bill will make major changes
Consumer Law Reform Bill will make major changes
04 April 2013 | By  Barbara Versfelt  | Rick Shera
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...
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Manifestly Unjust?
Manifestly Unjust?
13 March 2013 | By  Rick Shera
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 submitted he was overseas serving in Afghanistan when the infringements took place ...
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