Recent developments: unsubstantiated claims

In 2014, a “substantiation provision” was passed into NZ law. Section 12A of the Fair Trading Act 1986 prohibits persons in trade from making unsubstantiated representations, with “unsubstantiated” being defined as applying whenever the person making the representation does not have reasonable grounds for their claim. Section 12A is balanced by statutory defences in section [...]

December 4th, 2017|Categories: Legal Developments|Tags: |

Emerging Health and Safety Doctrine

The Health and Safety at Work Act 2015 (H&S Act) introduced substantial increases in the available maximum penalties, and prohibits insurance against fines. The first sentencing decisions under the new regime give businesses a sense of what to expect if they breach the new standards. Worksafe New Zealand v Budget Plastics (New Zealand) Ltd [2017] [...]

December 4th, 2017|Categories: Legal Developments|Tags: |

First decision under AML/CFT penalties regime

The High Court has released New Zealand’s first decision involving the new pecuniary penalties regime under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (Act). In Department of Internal Affairs v Ping An Finance (Group) New Zealand & Anor [2017] NZHC 2363, the Department of Internal Affairs (DIA) alleged breaches of the Act’s [...]