Latest Articles

Exclusive Economic Zone To Become Yet More Exclusive

Created: Thursday, 24 November 2011 02:26

New Zealand's substantial exclusive economic zone (EEZ) is increasingly being used for much more than the traditional activities of fisheries and transport.

EEZ and continental shelf

The EEZ includes the area of sea, seabed, and soil from 12 to 200 nautical miles offshore. The Resource Management Act 1991 regulates natural resource management activities in the territorial sea out to 12 nautical miles. This leaves activities carried out in the EEZ unregulated (with the exception of fisheries and maritime transport), leaving New Zealand's oceans open to abuse. This problem is compounded by the fact that the New Zealand continental shelf extends beyond the existing 200 nautical mile boundary of the EEZ.

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Election 2011 - Workplace Policies

Created: Thursday, 17 November 2011 07:25

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New Tests for Justification and Reinstatement - Will They Make a Difference?

Created: Thursday, 17 November 2011 07:21

Before it was repealed by the Government on 1 April 2011, section 125 of the Employment Relations Act 2000 made reinstatement (where sought) the "primary remedy" for a personal grievance. Now the Authority and Employment Court may provide for reinstatement (where sought) "if it is practicable and reasonable to do so".

Section 103A was likewise introduced with effect from 1 April 2011. Section 103A(2) requires that substantive justification for a dismissal or other disciplinary action be determined objectively (ie the word "could" has been substituted for the former "would" in an otherwise materially identical subsection).

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Mediation, Settlement and Confidentiality

Created: Thursday, 17 November 2011 07:19

When attending a mediation with Department of Labour's Mediation Services, there is great comfort in knowing that it is an entirely confidential process and that nothing said in that forum can be later used against you. The policy behind confidentiality is important - the parties need to be able to be open and frank and should be genuinely attending mediation to try to resolve a dispute, and not for some ulterior motive.

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Is Good Faith Needed in Due Diligence?

Created: Tuesday, 15 November 2011 13:00

When may a purchaser lawfully exercise the right of cancellation of a conditional sale and purchase agreement pursuant to a due diligence clause.

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Using an Encumbrance to Secure Performance of Obligations

Created: Wednesday, 02 November 2011 13:00

Nature and Purpose of an Encumbrance

Local Authorities frequently use the registration of an Encumbrance against a landowner's title as a convenient means of securing the performance of obligations by the landowner where other forms of security are impractical or ineffective.

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