Effluent Discharge Prosecutions under the Resource Management Act Regional Councils take unlawful effluent discharge, especially when it enters waterways, extremely seriously. Under the Resource Management Act (RMA) any discharge is unlawful if it breaches the permitted activity rule in your region. The severity of the fines imposed has recently increased significantly as the government cracks down on polluters, with the maximum fine available now $600,000. Many farmers in New Zealand have faced prosecution under the RMA, as despite their best intentions things can go wrong and damage is regrettably caused to the environment.  Having charges filed against either your farming company or you personally can be a daunting and worrying time. It is important to get legal representation from lawyers who have experience in effluent discharge matters who can step you through your rights and your next steps, resolving the matter as quickly and satisfactorily as possible. Mark Copeland Lawyers … Read More

“Copyright” refers to the right of someone to make copies of a particular material. If you hold copyright over something, no one can reproduce it in any way without your permission. But do you hold the copyright over your own likeness? One would naturally assume that a person must hold absolute rights over their own image. The legal reality however is a little more complicated. Broadly, things that occur naturally are unable to be copyrighted. There must be an element of the man-made for the creator to assert copyright. Your facial features, although unique to you, are a product of nature. In practice however, there are options available to you to protect your image. Copyright can be asserted over photographs and is covered under the Copyright Act. If your image is used to promote a product or service without your consent, you have remedies under the Fair Trading Act to … Read More

Mark Copeland a specialist in Commercial and Rural law was a facilitor at the inaugural  Taiopenga Hangarau Rotorua Tech Festival at the end of June. He shared his knowledge on the various types of formal IP protection available, and when you might best use them to keep your IP from being stolen or abused. He also covered how to properly managing your IP, in all its forms, recognising the value it provides to your business. Check out the Maori TV’s Te Kaea episode covering this great initiative.

– on his firm’s philosophy, the current New Zealand property market and the structures available for Real Estate investments.

Which techniques are typically used by international counterparties in New Zealand to overcome what appears to be an insurmountable obstacle? It’s common for New Zealand negotiators to ‘park’ or at least slow discussions down when seemingly intractable issues arise. Stepping back further consider the issue from differing angles is considered prudent to business practice. Kiwis pride themselves on the nation’s ‘No 8 Wire’ mentality, which essentially means that there is a solution to everything. In this vein New Zealanders are very good at thinking outside of the box, and offering alternative commercial options or solutions. But this can take time, and normally a transaction will not be signed off until ALL material commercial issues are in fact resolved. ‘Agreements to agree’ at a later date are anathema to New Zealand corporate advisors. If alternative solutions are not immediately achievable, Kiwi companies – particularly larger corporates – may agree to resolve … Read More

What negotiation approaches are least likely to achieve a satisfactory resolution of a deal in NZ? Any behaviour which negatively affects the creation of such trust can put the conclusion of such transactions at risk. This is because, with a population of only four million, New Zealand remains a country where most business is done through personal contacts. Rightly or wrongly Kiwis tend to carry this approach through to international negotiations. For cross-border M&A transactions, New Zealand companies and their advisers will have performed due diligence on the foreign transaction entity at an early stage, and will expect that such homework is reciprocated. As it is insulting for US businesses to be mistaken as Canadian, so it is insulting for New Zealand businesses to be considered Australian. Not because there is anything wrong with Australia, but because this displays a lack of professionalism and understanding of pan–global and regional economic … Read More

What are some of the negotiation approaches that are most likely to achieve a deal in New Zealand? New Zealanders are known world-wide for their willingness to speak and act directly, with little need for prior formalities. However,as for most cultures, establishing trust in negotiations is very important. Without such trust, the resolution of deal obstacles may be impossible. As for any commercial negotiation, preparedness is important. New Zealand may be a country far away from most others, but its business people are typically very well informed on a global level, and Kiwi legal and financial advisers are generally as good as any professionals in the world. Obstacles in international commercial negotiations are inevitable. Where New Zealand entities are involved, the best approach for foreign entities to adopt is to fully understand their transaction drivers, so that the commercial reasons for wanting a certain position or outcome can be clearly … Read More

Key regulatory barriers to consider before commencing business in New Zealand Overseas Investment Office (OIO) con­sent may be required if target businesses possess signifi­cant business assets, where the cost of a business acqui­sition, or the value of the applicable New Zealand assets, exceeds NZD100 million. It is also required for an interest in sensitive land, or a fishing quota. All applicants for consent are required to meet the investor criteria of business experience and acumen, financial com­mitment and good character. They must not be ineligible individuals under the Immigration Act. Transactions occurring outside New Zealand may still require OIO consent if the target business has interests in land or other assets in New Zealand. OIO implications for offshore transactions should be assessed early in the transaction process to ensure that timeframes do not cause unnecessary delays. The consent application process is administered by the OIO and governed by the Overseas Investment Act … Read More