please note that our offices willthe spencer on byron – the high watermark for council liability?...
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:: Welcome Welcome to the 2012 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 Successes of more of our clients and update you as to Our People. LJ NEWS NZ Law Conference Karl Stolberger, one of our maritime law experts, recently spoke at the NZ Law Annual General Meeting on the legal aspects of large vessels going aground in New Zealand with a particular emphasis on the spillage of oil and debris into the sea.
Seasons Greetings As the holiday season approaches, the partners and staff of Lowndes Jordan would like to take this opportunity to thank you for your support and wish you happiness and success for the holiday season and the new year. Christmas Break Please note that our offices will be closed from 21 December 2012 until 14 January 2013. Emergency contact details will be on the answerphone during this time.
LAW CHANGES The Spencer on Byron – the high watermark for Council liability? Last month the Supreme Court handed down its long-awaited decision in Body Corporate 207624 v North Shore City Council (Spencer on Byron) [2012] NZSC 83. The Supreme Court held that a territorial authority (and a private certifier) in undertaking its statutory duties under the Building Act 1991 owed a duty of care to owners of commercial premises in assessing commercial buildings as being compliant with the NZ Building Code. It is now clear that the Council has potential liability in negligence for all building work passed as Building Code compliant regardless of the nature of the premises. The duty in tort of the inspecting authority (or of any supervising architect or engineer) will be limited to the exercise of reasonable care to ensure compliance with the Building Code and no higher duty than that i.e. the inspecting authority is not responsible for ensuring the building is constructed in accordance with the plans and specifications, which will inevitably go beyond Building Code requirements. There appears to be no principled reason why the same reasoning should not apply under the Building Act 2004 and renewed claims in relation to leaky motels, schools and hospitals are likely to follow. Further, the obvious inference to be drawn is that if a territorial authority owes a duty of care to the owner of a commercial building, then a contractor would also owe a duty of care. For further information, contact Melisa Beight [[email protected]]. Location of tax records offshore The Tax Administration Act 1997 has been amended to allow tax records to be located offshore with the approval of the Commissioner. The Commissioner can also approve a platform/host/intermediary that provides a cloud service with offshore storage with the result its users will be entitled to store their records offshore. For further information, contact Rick Shera [[email protected]]. Madrid Protocol Following the recent implementation of the Madrid Protocol, businesses and individuals that file trade marks in New Zealand can now apply to the World Intellectual Property Office (WIPO) to file those same trade marks in up to 86 other countries. Previously, separate applications had to be filed in each country for which it was required a trade mark be registered. For further information, please contact Angela Beros [[email protected]]. IN THE WORKS Companies and Limited Partnerships Amendment Bill The Commerce Select Committee have released their report recommending changes to the Companies and Limited Partnerships Amendment Bill (which will amend the Companies Act 1993 and the Limited Partnerships Act 2008) including:
□ Providing the Companies Office Registrar with more information about directors and partners who are natural persons, including their date and place of birth. Such details will remain confidential.
□ Companies will need to have a director who lives in New Zealand, or who lives in and is a director of a company in an approved jurisdiction.
Despite feedback indicating it was not necessary, the Committee have not removed from the Bill the criminalisation of breaches of certain directors’ duties in circumstances where a director has actual knowledge that their act would have serious consequences for the company or its creditors. The Select Committee has indicated a willingness to contemplate redrafting of these new offences to avoid having a chilling impact on legitimate business risk-taking. For further information, contact Michael Busch [[email protected]].
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LJ NEWS LAW CHANGES IN THE WORKS OUR PEOPLE CLIENT SUCCESSES
Summer Quarterly – December 2012
Eleanor Patterson, Paralegal Eleanor provides PA and secretarial services to members of our commercial team. Eleanor gained her extensive experience working in numerous magic circle and silver circle law firms in the UK.
CLIENT SUCCESSES Barkers Lowndes Jordan’s client Barkers Clothing Limited recently won the Metro Best Menswear award for 2012. This reflects a big turnaround over the past 2 years. In 2010 Barkers brought in a new Managing Director, Jamie Whiting, and a new management team to help this once-iconic New Zealand fashion brand reposition and reinvigorate itself back to that iconic status – and it would seem the plan is working. Jamie Whiting says "this has been an incredible year for Barkers. Not only do we celebrate the company's 40th year since its inception – but the culmination of key strategic plans coming together has propelled Barkers way beyond where we could only have dreamed of just 2 years ago. We are on track for a record year in terms of sales and profit growth, not to mention having reconnected with the most important people in the business – our customers. Old loyal customers are saying "Barkers is Back", and new customers have been attracted to the brand because of the new initiatives and great product. Probably nothing endorses the efforts put into the brand more so than winning the coveted – Metro Best Menswear for 2012 award. I would like to take the opportunity to thank Ben Morrison and the team at Lowndes Jordon for all the legal work they have assisted us with behind the scenes in the past 2 years which has all contributed to the success we are seeing today".
Little Bread & Butter
Congratulations to the Melba Group and Isabel Pasch of the Paris-Berlin organic bakery who have opened Little Bread & Butter, a new bakery and café in Ponsonby Central. Little Bread & Butter is all about handmade, naturally leavened, 100% organic breads ranging from traditional sourdoughs to seed-studded ryes. Little Bread & Butter also produce their own butter and encourage customers to toast their own slices of bread using toasters perched atop a communal dining table. Be sure to visit Little Bread & Butter over your holiday break. You will find Little Bread & Butter at 6 Richmond Road Ponsonby Central.
IN THE WORKS continued Definition of Pleasure Craft to be Clarified The Marine Legislation 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. The changes include provisions in relation to marine pollution, limitation of liability, the obligations of regional councils, harbourmasters and ports and harbours. For the text of the Bill see http://tinyurl.com/c3l5n2y. One of the proposed changes concerns the definition of pleasure craft. The explanatory note to the Bill records that the Bill proposes to clarify what does and does not constitute the commercial operation of a ship. To that end, the definitions of 'pleasure craft' and 'reward' in section 2(1) of the MTA are amended. A pleasure craft may not be used or offered for hire or reward. The proposed definition of 'reward' will exclude from that definition payments or contributions for the use of the ship exclusively for recreational purposes, by the owner of the ship or a member of a club, an incorporated society or a trust that owns the ship. For further information, contact Barbara Versfelt [[email protected]].
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:: Contact Graham Jordan, Partner [email protected] Rick Shera, Partner [email protected] Michael Busch, Partner [email protected] Michael Morrison, Partner [email protected] Karl Stolberger, Partner [email protected] Ben Morrison, Partner [email protected] Barbara Versfelt, Special Counsel [email protected] SOLICITORS Amy Tiatia [email protected] Andrew Wallace [email protected] Angela Beros [email protected] Cecil Priest [email protected] Kerry Puddle [email protected] Melinda Whyte [email protected] Melisa Beight [email protected] Sheena Kirkland [email protected] Stephanie Nicolson [email protected] LOWNDES JORDAN Level 15, PWC Tower 188 Quay Street, Auckland PO Box 5966, Auckland New Zealand Ph: +64 9 309 2500 Fax: +64 9 309 1445 Email: [email protected] Web: www.lojo.co.nz If your colleagues want to subscribe to, or you want to unsubscribe from, the Low Down, contact [email protected]
[email protected] pg 2 Copyright Lowndes Jordan 2012 All Rights Reserved
Summer Quarterly – December 2012
OUR PEOPLE