General | Hudson Gavin Martin

The Supreme Court’s decision in Mainzeal confirms a “new debt” approach to compensation for breaches of section 136 of the Companies Act. This will have implications for directors of all companies, but start-ups in particular.

General

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Insight

INSIGHT

August 25, 2023

Implications of the Supreme Court’s “new debt” approach in Mainzeal

The Supreme Court’s decision in Mainzeal confirms a “new debt” approach to compensation for breaches of section 136 of the Companies Act. This will have implications for directors of all companies, but start-ups in particular.

UK Supreme Court puts Quincecare ‘duty’ back in its box

Bankers will be pleased to have clarity over the scope of their duties in cases of suspected fraud on customers. However, victims of cybercrime may continue to be left without any recourse, as the number and sophistication of fraudulent schemes continue to grow.

UK Supreme Court puts Quincecare ‘duty’ back in its box

Bankers will be pleased to have clarity over the scope of their duties in cases of suspected fraud on customers. However, victims of cybercrime may continue to be left without any recourse, as the number and sophistication of fraudulent schemes continue to grow.

The Incorporated Societies Act 2022 – what you need to know for your society

The Incorporated Societies Act 2022 has now passed into law and makes significant changes to how incorporated societies are governed.

The Incorporated Societies Act 2022 – what you need to know for your society

The Incorporated Societies Act 2022 has now passed into law and makes significant changes to how incorporated societies are governed.

Massive SEC Fines for Companies Using Text and Instant Messaging

Regulators worldwide are focusing on the widespread use of text and instant messaging within businesses. This should be a wake-up call for all businesses (not just those subject to specific regulatory regimes).

Massive SEC Fines for Companies Using Text and Instant Messaging

Regulators worldwide are focusing on the widespread use of text and instant messaging within businesses. This should be a wake-up call for all businesses (not just those subject to specific regulatory regimes).

Potential changes to the Privacy Act 2020

The Ministry of Justice is inviting feedback on the proposal to amend the Privacy Act 2020 to broaden notification requirements for agencies that collect personal information indirectly.

Potential changes to the Privacy Act 2020

The Ministry of Justice is inviting feedback on the proposal to amend the Privacy Act 2020 to broaden notification requirements for agencies that collect personal information indirectly.

Are you being unfair?

The Commerce Commission has now published specific guidelines about how to interpret the unfair contract terms changes to the Fair Trading Act 1986 that came into effect yesterday, so it’s a good time to offer some practical tips for reviewing your standard form small trade contracts.

Are you being unfair?

The Commerce Commission has now published specific guidelines about how to interpret the unfair contract terms changes to the Fair Trading Act 1986 that came into effect yesterday, so it’s a good time to offer some practical tips for reviewing your standard form small trade contracts.

A new Companies Office levy is one step closer

A bill introducing new Companies Office levies has passed its first reading.

A new Companies Office levy is one step closer

A bill introducing new Companies Office levies has passed its first reading.

Retail Payment System Act 2022 now in force

The Act is primarily intended to (a) regulate merchant service fees (the fees banks charge businesses when customers use a credit or debit card to pay) to bring them in line with fees charged in regulated markets overseas, and (b) promote competition in the retail payment system, by making it easier for new participants to enter and create innovative new payment networks and services.

Retail Payment System Act 2022 now in force

The Act is primarily intended to (a) regulate merchant service fees (the fees banks charge businesses when customers use a credit or debit card to pay) to bring them in line with fees charged in regulated markets overseas, and (b) promote competition in the retail payment system, by making it easier for new participants to enter and create innovative new payment networks and services.

Finfluencer Crackdown

Over the last month, regulatory bodies in Australia and New Zealand have taken aim at misleading (or sometimes downright dodgy) financial advertising.

Finfluencer Crackdown

Over the last month, regulatory bodies in Australia and New Zealand have taken aim at misleading (or sometimes downright dodgy) financial advertising.

Disclosure of personal information - how to, not don't do

Our privacy framework is often used as a reason to withhold the disclosure of personal information. While withholding disclosure may be appropriate in certain circumstances, it should be kept in mind that the same privacy framework actually permits the disclosure of personal information, where warranted.

Disclosure of personal information - how to, not don't do

Our privacy framework is often used as a reason to withhold the disclosure of personal information. While withholding disclosure may be appropriate in certain circumstances, it should be kept in mind that the same privacy framework actually permits the disclosure of personal information, where warranted.

The Lowdown (and Lockdown) on Summer Clerkships

Kicking off your career is daunting enough, starting out during lockdown couldn't have been easy, but for summer clerks, Shania and Francesca they took it in their stride.

The Lowdown (and Lockdown) on Summer Clerkships

Kicking off your career is daunting enough, starting out during lockdown couldn't have been easy, but for summer clerks, Shania and Francesca they took it in their stride.

Building Blocks of Trust

An ethical and culturally appropriate approach to data. To ensure New Zealand businesses can build and sustain meaningful customer relationships they need to have a point of difference – they need to make trust a business imperative.

Building Blocks of Trust

An ethical and culturally appropriate approach to data. To ensure New Zealand businesses can build and sustain meaningful customer relationships they need to have a point of difference – they need to make trust a business imperative.

Firm News | Legal Rankings

A huge thanks to our clients who were invaluable to celebrating top tier rankings for globally renowned legal directories, Chambers and Partners and The Legal 500.

Firm News | Legal Rankings

A huge thanks to our clients who were invaluable to celebrating top tier rankings for globally renowned legal directories, Chambers and Partners and The Legal 500.

Buy Now, Regulate Soon

Submissions closed yesterday on MBIE's discussion paper Buy-Now, Pay-Later and increased intervention in the sector in NZ seems inevitably on the horizon.

Buy Now, Regulate Soon

Submissions closed yesterday on MBIE's discussion paper Buy-Now, Pay-Later and increased intervention in the sector in NZ seems inevitably on the horizon.

Ten simple things

Here are ten simple, random things to think about when setting up a new business.

Ten simple things

Here are ten simple, random things to think about when setting up a new business.

UK/New Zealand Trade Deal Takes Flight

The UK and New Zealand have reached an in-principle agreement on the framework of a trade deal. Here’s what content creators and digital makers can expect.

UK/New Zealand Trade Deal Takes Flight

The UK and New Zealand have reached an in-principle agreement on the framework of a trade deal. Here’s what content creators and digital makers can expect.

Common sense consumerism

The Court’s recent dismissal of the Commerce Commission’s case against Bunnings provides guidance on the use of taglines under the Fair Trading Act.

Common sense consumerism

The Court’s recent dismissal of the Commerce Commission’s case against Bunnings provides guidance on the use of taglines under the Fair Trading Act.

Firm News - IoD Emerging Director Award

We are delighted to announce that partner Anchali Anandanayagam has won the Institute of Directors (IoD) Auckland Branch’s Emerging Director Award.

Firm News - IoD Emerging Director Award

We are delighted to announce that partner Anchali Anandanayagam has won the Institute of Directors (IoD) Auckland Branch’s Emerging Director Award.

Adapting Business at Pace - A Yarn Live

Adapting business at pace and during a pandemic is nothing short of inspiring. Hosted by Ryan Ashton, tune into 'Yarn Live' to hear from the team as they share their insights.

Adapting Business at Pace - A Yarn Live

Adapting business at pace and during a pandemic is nothing short of inspiring. Hosted by Ryan Ashton, tune into 'Yarn Live' to hear from the team as they share their insights.

More Fair, More Responsibility

Important changes to the Fair Trading Act 1986 were passed into law last week.

More Fair, More Responsibility

Important changes to the Fair Trading Act 1986 were passed into law last week.

Bathurst: Supreme Court gold nuggets among the coal

Contractual interpretation and the Supreme Court’s important decision in Bathurst could impact all New Zealand contracts, particularly if things don’t go as planned.

Bathurst: Supreme Court gold nuggets among the coal

Contractual interpretation and the Supreme Court’s important decision in Bathurst could impact all New Zealand contracts, particularly if things don’t go as planned.

Pride and Consumer Prejudice

Green washing, pink washing and now rainbow washing: why a temporarily-rainbow-coloured logo doesn’t cut it now – and probably never did.

Pride and Consumer Prejudice

Green washing, pink washing and now rainbow washing: why a temporarily-rainbow-coloured logo doesn’t cut it now – and probably never did.

Wisdom from Wellington

The recent ILANZ conference was a great opportunity to catch up with clients, make some new friends and hopefully take away some nuggets of wisdom.

Wisdom from Wellington

The recent ILANZ conference was a great opportunity to catch up with clients, make some new friends and hopefully take away some nuggets of wisdom.

From Inception to Exit - Podcast

Check out the latest Biz Bytes podcast featuring Edwin Lim & Sarah-Jane Lawson on what founders should think about during the life-cycle of a tech business.

From Inception to Exit - Podcast

Check out the latest Biz Bytes podcast featuring Edwin Lim & Sarah-Jane Lawson on what founders should think about during the life-cycle of a tech business.

Firm news | Partnership announcement

Celebrations are in order...

Firm news | Partnership announcement

Celebrations are in order...

Summing up summer clerking

This summer, Alex and Ishan traded out watching Suits in their living rooms for the real deal at HGM. Here's what they had to say.

Summing up summer clerking

This summer, Alex and Ishan traded out watching Suits in their living rooms for the real deal at HGM. Here's what they had to say.

Raise your glass

Konvoy New Zealand, a provider of rental kegs for the beverage industry, has successfully completed the purchase of Red Kegs, another rental keg operator.

Raise your glass

Konvoy New Zealand, a provider of rental kegs for the beverage industry, has successfully completed the purchase of Red Kegs, another rental keg operator.

To have and to hold

Planning or providing goods and services for a wedding this coming season? Here are some things to consider.

To have and to hold

Planning or providing goods and services for a wedding this coming season? Here are some things to consider.

SOS Business, a lockdown success story

Drawing on the entrepreneurial mindset, gutsy determination and just wanting to do the right thing, SOS Business was born from a passion and drive to give back.

SOS Business, a lockdown success story

Drawing on the entrepreneurial mindset, gutsy determination and just wanting to do the right thing, SOS Business was born from a passion and drive to give back.

Temporary changes to the Companies Act | OIO & other provisions

NZ Government introduced a temporary requirement for overseas investors making certain investments in New Zealand to notify the Overseas Investment Office (OIO), regardless of the value of their investment

Temporary changes to the Companies Act | OIO & other provisions

NZ Government introduced a temporary requirement for overseas investors making certain investments in New Zealand to notify the Overseas Investment Office (OIO), regardless of the value of their investment

Temporary changes to the Companies Act | Safe harbour & Business Debt Hibernation

The NZ Government has recently implemented measures relating to NZ businesses in light of the COVID-19 pandemic. This update covers off Safe Harbour and the Business Debt Hibernation Scheme.

Temporary changes to the Companies Act | Safe harbour & Business Debt Hibernation

The NZ Government has recently implemented measures relating to NZ businesses in light of the COVID-19 pandemic. This update covers off Safe Harbour and the Business Debt Hibernation Scheme.

Ever wondered what your lawyer is really trying to say?

Isn't it fair to think that the customer should be able to understand the advice that the lawyer provides?

Ever wondered what your lawyer is really trying to say?

Isn't it fair to think that the customer should be able to understand the advice that the lawyer provides?

What's next | Service agreements

In this new business environment, what assumptions need to be considered for service agreements given these relationships underpin a large chunk of the economy?

What's next | Service agreements

In this new business environment, what assumptions need to be considered for service agreements given these relationships underpin a large chunk of the economy?

What's next | Shareholder agreements

Can the business change what it first set out to do and what impact does this have? What happens if the circumstances change for shareholders?

What's next | Shareholder agreements

Can the business change what it first set out to do and what impact does this have? What happens if the circumstances change for shareholders?

Lockdown legends

Bringing PLT in as part of the PEAR Sports® group is viewed by both parties as a significant strategic alliance and a major development for the next generation science-based digital market.

Lockdown legends

Bringing PLT in as part of the PEAR Sports® group is viewed by both parties as a significant strategic alliance and a major development for the next generation science-based digital market.

Eight highlights for eight weeks

Sharing stories and positive news was crucial to getting through lockdown, just in case you missed it, here are eight highlights for eight weeks...

Eight highlights for eight weeks

Sharing stories and positive news was crucial to getting through lockdown, just in case you missed it, here are eight highlights for eight weeks...

What's next | Agency arrangements

Agency arrangements can arise in a number of ways, but they all involve a level of trust and confidence.

What's next | Agency arrangements

Agency arrangements can arise in a number of ways, but they all involve a level of trust and confidence.

What's next | Confidentiality, Privacy & Data Processing

When parties come together for a common purpose such as a collaboration, or a supply of goods or services, confidential information is likely to be exchanged in order to fulfill that purpose. Parties can establish various arrangements to address how that information will be stored and used.

What's next | Confidentiality, Privacy & Data Processing

When parties come together for a common purpose such as a collaboration, or a supply of goods or services, confidential information is likely to be exchanged in order to fulfill that purpose. Parties can establish various arrangements to address how that information will be stored and used.

What's next | Supply & distribution agreements

In a time when the supply chain is less certain for everyone assumptions about ease of supply need to be tested. Testing these assumptions will also test the personal relationships between parties that will become more important than is perhaps usually the case.

What's next | Supply & distribution agreements

In a time when the supply chain is less certain for everyone assumptions about ease of supply need to be tested. Testing these assumptions will also test the personal relationships between parties that will become more important than is perhaps usually the case.

Mental health in the virtual workspace

It’s often said that the most important communication is hearing what isn’t spoken. In business, with employees and clients alike, unspoken communication is what strengthens relationships.

Mental health in the virtual workspace

It’s often said that the most important communication is hearing what isn’t spoken. In business, with employees and clients alike, unspoken communication is what strengthens relationships.

What's next | Sponsorship relationships

While the nuts and bolts of any sponsorship arrangement should sit within the terms of the relevant sponsorship agreement, there will be a set of assumptions that each party has made about the overarching deal.

What's next | Sponsorship relationships

While the nuts and bolts of any sponsorship arrangement should sit within the terms of the relevant sponsorship agreement, there will be a set of assumptions that each party has made about the overarching deal.

Food for thought

Combining their love for good wholesome food and their talents as a professional chef and a food scientist, makes for a perfect recipe.

Food for thought

Combining their love for good wholesome food and their talents as a professional chef and a food scientist, makes for a perfect recipe.

What's next?

As we move forward we can’t predict the future but we should be aware of the basis on which our relationships have been built, what is important to us, what is important to the other parties in our relationship and how those things might have changed as a result of this global disaster.

What's next?

As we move forward we can’t predict the future but we should be aware of the basis on which our relationships have been built, what is important to us, what is important to the other parties in our relationship and how those things might have changed as a result of this global disaster.

Firm news | Team promotions

Celebrations are in order as we announce some good news...

Firm news | Team promotions

Celebrations are in order as we announce some good news...

Working From Home – not just an employment issue

If you're currently working through implementing urgent measures to continue providing services from home, here are a few tips to consider.

Working From Home – not just an employment issue

If you're currently working through implementing urgent measures to continue providing services from home, here are a few tips to consider.

COVID-19 | Important update | Working remotely

Following the Prime Minister’s announcement on Monday 23 March, we, along with many other New Zealand businesses, need to do our bit to limit the spread of COVID-19. This means that our offices are closed and we will be working remotely.

COVID-19 | Important update | Working remotely

Following the Prime Minister’s announcement on Monday 23 March, we, along with many other New Zealand businesses, need to do our bit to limit the spread of COVID-19. This means that our offices are closed and we will be working remotely.

A day in the life of a Summer Clerk

With her summer clerk internship nearly over it's time prep to get back to uni, we caught up with Alicia to follow up on her time with us.

A day in the life of a Summer Clerk

With her summer clerk internship nearly over it's time prep to get back to uni, we caught up with Alicia to follow up on her time with us.

New year, new career!

A fresh new decade makes for a memorable start to our legal careers at HGM for Ainsleigh, Josie & me

New year, new career!

A fresh new decade makes for a memorable start to our legal careers at HGM for Ainsleigh, Josie & me

Firm news | Chambers Asia Pacific Rankings

Recognition endorses our passion for what we do, how we work and the great clients we get the opportunity to work with.

Firm news | Chambers Asia Pacific Rankings

Recognition endorses our passion for what we do, how we work and the great clients we get the opportunity to work with.

Takeovers Act - Code company definition

A new change to the Takeovers Code – freeing up SME’s from rule binding compliance

Takeovers Act - Code company definition

A new change to the Takeovers Code – freeing up SME’s from rule binding compliance

Hello Alicia...

We caught up with Alicia Green, our summer clerk, for a quick-fire question round after her first week.

Hello Alicia...

We caught up with Alicia Green, our summer clerk, for a quick-fire question round after her first week.

Creating opportunities for NZ with firm collaboration at the Dubai Expo 2020

Maximising collaboration with UAE-based firm, Banks Legal, we'll be providing support to NZ businesses for Expo 2020 Dubai.

Creating opportunities for NZ with firm collaboration at the Dubai Expo 2020

Maximising collaboration with UAE-based firm, Banks Legal, we'll be providing support to NZ businesses for Expo 2020 Dubai.

A change in law that may affect your templates

A new piece of legislation may mean changes are required to your legal templates.

A change in law that may affect your templates

A new piece of legislation may mean changes are required to your legal templates.

The art of agile contracting

Agile methods are now the norm for many design and/or build technology projects.

The art of agile contracting

Agile methods are now the norm for many design and/or build technology projects.

#HGMinspire Conference: Data for the Good of NZ

Thanks to all of you who joined us for our annual #HGMinspire conference: Data for the Good of NZ.

#HGMinspire Conference: Data for the Good of NZ

Thanks to all of you who joined us for our annual #HGMinspire conference: Data for the Good of NZ.

The last word before leaving on a jetplane

It's a great kiwi tradition to do your OE.

The last word before leaving on a jetplane

It's a great kiwi tradition to do your OE.

New Zealand's Seat at the Global E-Commerce Table

The volume of international trade in goods and services that is occurring via e-commerce continues to grow exponentially. Digital tech is impacting on New Zealand and the rest of the world in many different ways.

New Zealand's Seat at the Global E-Commerce Table

The volume of international trade in goods and services that is occurring via e-commerce continues to grow exponentially. Digital tech is impacting on New Zealand and the rest of the world in many different ways.

Move your butt!

We support Bowel Cancer New Zealand in a number of ways, but this isn't about us, this is to praise the efforts of BCNZ because it really does need our attention.

Move your butt!

We support Bowel Cancer New Zealand in a number of ways, but this isn't about us, this is to praise the efforts of BCNZ because it really does need our attention.

New horizons for The Blind Foundation

The Blind Foundation (now Blind + Low Vision New Zealand) shared their future plans to an intimate crowd of supporters, clients and foundation family.

New horizons for The Blind Foundation

The Blind Foundation (now Blind + Low Vision New Zealand) shared their future plans to an intimate crowd of supporters, clients and foundation family.

Hop Skip Jump

Growing up....The end of the year is fast-approaching and this means we'll soon be celebrating another birthday.

Hop Skip Jump

Growing up....The end of the year is fast-approaching and this means we'll soon be celebrating another birthday.