Introduction to New Zealand Commercial Legislation (2013 edition)


Book Description

Consolidated to 1 January 2013, this volume contains key contract and commercial legislation specifically selected to cater for the needs of commercial law students.




New Zealand Contract and Commercial Legislation (2013 edition)


Book Description

An ideal resource for lawyers, commercial advisers, business people and students, this new edition has been consolidated to 1 January 2013. It contains all the necessary contract and commercial legislation, along with comprehensive history notes and indexing.




New Zealand Master Tax Guide (2013 edition)


Book Description

The Master Tax Guide, New Zealand’s most popular tax handbook, contains practical examples and concise summaries of legislation, cases and IRD rulings and statements affecting the 2012/2013 and future tax years. The commentary is concise and easy to read. The new edition also includes discussion of various proposals introduced under the Taxation (Livestock Valuation, Assets Expenditure and Remedial Matters) Bill, including: proposed mixed use asset rules; new calculation methods for some foreign currency hedges; GST changes, including a new zero-rating rule; further livestock valuation changes.




Contract Law in New Zealand


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.




The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration


Book Description

Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.




Routledge Handbook of Human Trafficking


Book Description

Trafficking in human beings (THB) has been described as modern slavery. It is a serious criminal activity that has significant ramifications for the human rights of the victims. It poses major challenges to the state, society and individual victims. THB is not a static given but a constantly changing concept depending on societal changes and opinions, economic situations and legal developments. THB occurs both transnationally and within countries. The complexity of THB is such that it requires a wide range of expertise fully to address the phenomenon. Edited by a team of leading international academics, the Routledge Handbook of Human Trafficking will provide an interdisciplinary introduction to THB. It is aimed at academics, students, research universities and non-governmental organisations, as well as policy makers. It will review THB through the lens of law, anthropology, social and political science and will address statistical, data protection issues and showcase the most effective research methods, analyse the various actors and stakeholders and the different types of exploitation of trafficked persons. It will critically highlight and analyse the most pressing current challenges posed by THB.




Globalisation in Transition


Book Description

This book brings together diverse ideas on selected facets of globalisation and transitions in globalisation. The scholars that have contributed to this book examine the phenomenon of globalisation through varied lenses, focusing specifically on the human and economic perspectives. These analyses originate in many areas and different legal systems but are all connected through the work of Professor John Farrar and the associations of the contributors with him. This book does not attempt to provide answers to the many challenges of globalisation. Instead, this book discusses selected, particular aspects of globalisation that derive from and are connected to the authors’ own research. The thematic diversity of this book is a true strength and should draw a broad range of readers. Whilst this book is primarily written from a legal angle, its content overlaps with broader specialised policy areas, with contributions ranging from taxation to ageing, from insolvency to social licences, and from refugees to the treatment of first nations people. In short, there is something for everyone in this book. As a tribute to the life’s work of an outstanding legal scholar, Professor John Farrar, this book explores legal responses to the social and economic impacts of globalisation. After personal acknowledgments from colleagues highlighting the significance of his scholarship, this book is divided into two parts. The first part addresses the social impact of globalisation, focusing on immigration and the impact on First Nations people. Changes in the regulation of medicine and technologies related to ageing are also addressed in this part. In part two, the book addresses the transitioning corporate law landscape and notions of fairness and good faith in the law. The final part contains the conclusions, reflections and synthesis of the editors.




The Fair Trading ACT Handbook


Book Description

The Fair Trading Act Handbook is a successor to Trotman & Wilson Fair Trading: Misleading or Deceptive Conduct, which focused specifically on the s9 prohibition on misleading or deceptive conduct and the remedies available for breach of that section. Its two editions have been widely used by practitioners and cited in the courts. With the introduction of a new purpose section and new provisions in 2013, and the anticipated increasing use of these and the other provisions, The Fair Trading Act Handbook provides a timely broadening of the respected commentary of its predecessor. It discusses all of the substantive provisions, as well as the civil and criminal remedies available following breach. It considers relevant cases on these provisions, and where information is available, discusses the Commerce Commissions use of more informal means of educating traders to enhance compliance through the use of compliance advice and warning letters.




Corporate Acquisitions and Mergers in New Zealand


Book Description

Derived from Kluwer’s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by a highly experienced partner in the leading international law firm Bell Gully provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in New Zealand. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in New Zealand. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com under Corporate Acquisitions and Mergers.




Climate Change Impacts on Fisheries and Aquaculture, 2 Volumes


Book Description

The first comprehensive review of the current and future effects of climate change on the world’s fisheries and aquaculture operations The first book of its kind, Climate Change Impacts on Fisheries and Aquaculture explores the impacts of climate change on global fisheries resources and on marine aquaculture. It also offers expert suggestions on possible adaptations to reduce those impacts. The world's climate is changing more rapidly than scientists had envisioned just a few years ago, and the potential impact of climate change on world food production is quite alarming. Nowhere is the sense of alarm more keenly felt than among those who study the warming of the world's oceans. Evidence of the dire effects of climate change on fisheries and fish farming has now mounted to such an extent that the need for a book such as this has become urgent. A landmark publication devoted exclusively to how climate change is affecting and is likely to affect commercially vital fisheries and aquaculture operations globally, Climate Change Impacts on Fisheries and Aquaculture provides scientists and fishery managers with a summary of and reference point for information on the subject which has been gathered thus far. Covers an array of critical topics and assesses reviews of climate change impacts on fisheries and aquaculture from many countries, including Japan, Mexico, South Africa, Australia, Chile, US, UK, New Zealand, Pacific Islands, India and others Features chapters on the effects of climate change on pelagic species, cod, lobsters, plankton, macroalgae, seagrasses and coral reefs Reviews the spread of diseases, economic and social impacts, marine aquaculture and adaptation in aquaculture under climate change Includes special reports on the Antarctic Ocean, the Caribbean Sea, the Arctic Ocean and the Mediterranean Sea Extensive references throughout the book make this volume both a comprehensive text for general study and a reference/guide to further research for fisheries scientists, fisheries managers, aquaculture personnel, climate change specialists, aquatic invertebrate and vertebrate biologists, physiologists, marine biologists, economists, environmentalist biologists and planners.