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Guide to Foreign Investment in New Zealand

Details: Investment plan: An investment plan is required for investments in sensitive land. The investment plan must include a business plan, and other requirements prescribed by the OIO. Special land: “Special land” is land that is or includes foreshore, seabed, river …

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FOREIGN INVESTMENT IN NEW ZEALAND AN OVERVIEW OF …

Details: Investment plan An investment plan is required for investments in sensitive land. The investment plan must include a business plan, and other requirements prescribed by the OIO. Australian threshold a higher threshold. The current threshold for non-government investors is NZ$498 million, and NZ$104 million for government investors. TPPA changes

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GUIDE TO FOREIGN INVESTMENT IN NEW ZEALAND …

Details: investment in significant business assets – this is known as the investor test. Residential land For applications for residential land that is not otherwise sensitive, the criteria that apply depend on the status of the overseas person and the land being purchased. …

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Foreign Investments in New Zealand: An Overview of New

Details: The overseas investment regime regulates investments by overseas persons. An overseas person is a person who is: a company or other entity that is at least 25% owned or controlled by an overseas person or persons. The Act also extends to investments by associates of overseas persons. Associate is widely defined by the Act, and is included to

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FINANCIAL MARKETS CONDUCT ACT 2013 WHOLESALE …

Details: by the investment business for at least certificate authorised financial advisor, or chartered statement & payments are not counted). * The value of a derivative is treated as the face value on entry divided by 10. The term financial products in the FMCA is very broad and covers debt, equity, managed investment products and derivatives. Jackson

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Do you need OIO consent to buy a home

Details: Background to NZ's overseas investment regime. The overseas investment regime established by the Act regulates investments by “overseas persons” in New Zealand significant business assets, certain types of sensitive land (including farm land), and fishing quota. The regime is a consenting regime, rather than a prohibition.

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Financial Markets Conduct Act 2013: Wholesale Investor

Details: The term financial products in the FMCA is very broad and covers debt, equity, managed investment products and derivatives. Disclaimer: This article is a general summary of complex laws and regulations that contain severe sanctions for breach and is not intended as legal advice. Specific legal advice should be obtained in relation to proposed

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DO YOU NEED OIO CONSENT TO BUY A HOME

Details: The Overseas Investment Amendment Bill (Bill) was passed by Parliament on 15 August 2018 and will come into force in late October 2018. This note summaries the key changes the Bill makes to the Overseas Investment Act 2005 (Act). BACKGROUND TO THE ACT The overseas investment regime established by the Act

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Mistakes in Contracts: How “Final” is a “Full and Final

Details: Prattley Enterprise Limited v Vero Insurance New Zealand Ltd . In Prattley Enterprise Limited v Vero Insurance New Zealand Ltd the Court of Appeal considered how “final” a “full and final” settlement clause was when a party argued that there had been a mistake when entering into the settlement agreement. The Christchurch Earthquakes of 2010 and 2011 left the 1920’s Worchester Tower

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Trusts Act 2019: It's here! What you need to do for you

Details: Trusts Act 2019. The Trusts Act 2019 (Act) received Royal Assent on 30 July 2019. The Act will come into force from 30 January 2021 and is the most extensive revision and modernisation of New Zealand’s law relating to trusts and trust administration in over 60 years. The Act will replace the Trustee Act 1956 and the Perpetuities Act 1964.

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International clients

Details: New Zealand generally welcomes overseas investment, subject to a degree of regulation depending on the type and amount of the investment, and the sector in which the investment is to be made. We provide practical, comprehensive advice in a timely manner to enable clients to understand and appreciate the New Zealand business marketplace.

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Jackson Russell Lawyers

Details: JACKSON RUSSELL. For over 175 years we have been helping New Zealand businesses, institutions, families and individuals to develop, to succeed and to rest assured that their legal matters are in very good hands. COVID-19. Please click here to read Jackson Russell's response to COVID-19.

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Financial Markets Conduct Act 2013, Employee Share Option

Details: The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital. Set out below is an overview of the “employee share

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Financial Markets Conduct Act 2013: Persons in Close

Details: The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products.Understanding the disclosure requirements is important for businesses offering investments and raising capital.

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Financial Markets Conduct Act 2013: Overview of Disclosure

Details: The term financial products in the FMCA is very broad and covers debt, equity, managed investment products and derivatives. Exclusions. The exclusions under the FMCA fall within two broad categories: 1. offers to investors that are capable of making an informed decision to invest; and.

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Restraints of Trade in Franchising

Details: Restraints of trade allow the franchisor to secure the franchise system’s business and protect confidential information, intellectual property and business systems. The franchisor must be able to show a “protectable interest” that they are seeking to protect. Restraints of trade must be reasonable and go no wider or longer than necessary.

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FINANCIAL MARKETS CONDUCT ACT 2013 SMALL OFFERS …

Details: companies wanting to obtain investment from high income earners, angel investors and others who have shown an interest in investing in the company. A personal offer of financial products does not require a disclosure under the FMCA if: • the offer is for equity or debt securities; • there is a maximum of 20 investors accepting the

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When is "full and final" actually final

Details: Section 149 of the Employment Relations Act allows an employer to enter into a settlement agreement with an employee who has raised a personal grievance or employment relationship problem (for example, a bullying claim). If the parties agree terms, then a mediator from MBIE’s Mediation Services can certify the agreement, which becomes final, legally binding and …

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Financial Markets Conduct Act 2013: Small Offers Exclusion

Details: The Financial Markets Conduct Act 2013 (FMCA) overhauled the rules relating to securities and financial markets and introduced a new regime for offers of financial products. Understanding the disclosure requirements is important for businesses offering investments and raising capital. Set out below is an overview of the “small offers

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Entering Contracts in the Digital Age

Details: Entering Contracts in the Digital Age. Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 27th, 2017. Part 4 of the Contract and Commercial Law Act 2017 (Act) (previously the Electronic Transactions Act 2002) is the legislative backdrop for electronically giving information and entering contracts.

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Privacy and Cyber Security in New Zealand

Details: Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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2012 Developments Under the Personal Property Securities Act

Details: D evelopments under the Personal Property Securities Act – the first six months of 2012. During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA).This update summarises the more significant decisions relating to:

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Without Prejudice Conversations

Details: Without Prejudice Conversations. Written by Glenn Finnigan, PARTNER on August 11th, 2014. More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement.

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Takeovers Code changes for widely held unlisted companies

Details: This will include undertaking proper due diligence, and entering into a shareholders or investment agreement that sets out the rules for such things as share issues and transfers, governance and exit. Other laws continue to apply to unlisted companies, including the laws applying to the issue of shares and other financial products.

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Legal update: Trusts Act 2019 Part 2

Details: In our previous article, we introduced the Trusts Act 2019 (Act), which received Royal Assent on 20 July 2019.We outlined some of the key changes under the Act and identified a …

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Fair Trading Amendment Bill

Details: The Fair Trading Amendment Bill (Bill) was introduced in December 2019 and aims to amend the Fair Trading Act 1986 (Act) to provide more protection for small businesses and consumers against unfair commercial practices. The three key changes under the Bill are: 1. introduces a new prohibition against unconscionable conduct in trade;

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Cartel Amendments To Commerce Act: What Franchisors Need

Details: The amendments to the Commerce Act will affect many New Zealand businesses including many suppliers, resellers, franchisors and franchisees. The cartel rules do not apply any special treatment to franchises - franchisors and franchisees are treated as separate businesses. While you may not think of your franchise business as involving a

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Cartel Amendments to Commerce Act: Impact on Supply

Details: Background. The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements wh ere there is a competitive relationship between the parties – or would be but for the arrangement. The changes could affect anyone entering into these arrangements, including distributors

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Trusts, wills and powers of attorney

Details: Our expertise. Drafting and advising on wills. Drafting and advising on powers of attorney, including general and enduring powers of attorney. Drafting trust deeds for Family, Inheritance, Investment, Foreign and Charitable Trusts. Advising clients on their duties as trustees. Advising on existing trust structures. Varying and winding up trusts.

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Employment Update: Good Faith After Termination Case Study

Details: The Authority found that sending the initial email instruction, and taking more than 2 weeks to retract it, was a breach of s134A. The standard is that there was potential for the instruction to obstruct the investigation, whether it actually did or not.

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Relationship property and the changes ahead

Details: Relationship property and the changes ahead. Written by Israel Vaealiki, PARTNER; Lana Dixon, LAWYER; Soo Jin Lee, LAWYER on February 25th, 2019. The Property (Relationships) Act 1976 provides rules on the division of property when a relationship ends on separation. The Law Commission has recently reviewed this Act, making a number of key

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Cash Remedies for Hurt Feelings

Details: Since around 2007, the average award for hurt feelings has been a little over $5,000. The most recent data from the Ministry of Business, Innovation and Employment shows that in the 6 months from January- June 2014 the majority of awards in the Employment Relations Authority and Employment Court were still in the $4,000 - $6,000 range.

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Recent Misleading & Deceptive Conduct

Details: Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ. Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 16th, 2017. The requirement not to engage in misleading or deceptive conduct is a basic premise of consumer law. It is not new – the FTA was enacted in 1986.

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