Canterbury Branch

Sponsors articles

Our branch sponsors regularly provide updates to their clients and many of these articles will also be of interest to our members.

2018 Articles

Duncan Cotterill:  New OIO laws bring changes for residential land, forestry and horticulture
The main focus of the Amendment Bill is to bring “residential land” within the Overseas Investment Act, with the purpose of creating a housing market with prices shaped by, and making homes more affordable for, New Zealand buyers.

Duncan Cotterill: High Court decision on health and safety sentencing released
The effect of the High Court’s decision means that it will be important for a defendant to respond immediately and appropriately to any incident.

Marsh: Blockchain explained
Blockchain explained in simple visual terms

Marsh: The Twin Threats of Aging and Automation
Societal aging and workplace automation are rapidly and fundamentally transforming today’s workplace.

Marsh: Anti-Money Laundering and Countering Financing of Terrorism Act 2009
From 1 July 2018 Phase Two of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT) coming into force.  The AML/CFT intends to detect and therefore catch offenders who use the legal profession for money laundering and the financing of terrorism. 

Duncan Cotterill: Recent data breaches highlight importance of new privacy legislation
As a result of the increasing number of data breaches over the past months and years, the Government recently introduced a new Bill to Parliament to replace the existing Privacy Act with one more suited to our digital world.

Marsh: Directors’ Risk Survey Report 
People risks, such as the loss of a key person, talent attraction and retention are a top concern for directors, according to the fourth Directors’ Risk Survey Report conducted by the Institute of Directors and Marsh.

Marsh: Implications of the General Date Protection Regulation (GDPR) on Cyber Risk
While primarily applicable to EU member states, GDPR has broad extra territorial reach and may apply to New Zealand businesses if they have an establishment within the EU, offer goods or services to EU individuals or monitor the behaviour of  EU individuals.  Read more

Duncan Cotterill: OIO – Residential land update
The Select Committee’s report on the Overseas Investment Amendment Bill has been released providing more detail on what the new residential land changes might look like.  The main focus of the Amendment Bill is to bring “residential land” within the Act, with the purpose of creating a housing market with prices shaped by, and making homes more affordable for, New Zealand buyers.

Marsh: Implications of the Privacy Bill
An overview of the key contents of the Privacy Bill, which has just passed its first reading in Parliament, including the explanation of “notifiable privacy breaches”, the notification process and the consideration of third party service agreements.  Also included is a summary of the potential risks and how we expect insurance to respond to the proposed changes.

Duncan Cotterill: Penalties reach new levels in latest health and safety case
Mining company Oceana Gold has been sentenced after the death of a worker in July 2016. It has been ordered to pay almost $1.4 million in fines and reparation.  Oceana Gold was charged under the Health and Safety Work Act for failing to ensure, as far as was reasonably practicable, the health and safety of its workers.

Aura: What does a gap analysis involve?
Two questions often asked by people when talking about their cyber security needs are: ‘Why should my business do a gap analysis?’ and ‘What does a gap analysis involve?’

Duncan Cotterill: Higher compensatory awards for personal grievances
Recent cases in the Employment Court and Employment Relations Authority have seen employees receiving increased awards for hurt and humiliation compensation.

Duncan Cotterill: Reasons for dismissal are private – even if already widely known
It can be difficult for employers to distinguish what information is personal, and therefore protected by the Privacy Act, and what information is not.

Duncan Cotterill: Privacy Bill introduced
A new Privacy Bill has been tabled in Parliament. It introduces some small but notable changes to the privacy regulatory framework in New Zealand which (once passed) will affect your business.

Marsh: The rise of artificial intelligence – future outlook and emerging risks
This report identifies both the benefits and emerging risk concerns around the growing implementation of AI in society and industry.

Marsh: Cyber Risk Management Response and Recovery
This report provides an overview of what boards need to know about cyber risk and how cyber insurance fits into an organisation’s total risk management process. The paper arms directors with the right questions to ask management, advisors and potential insurers so that they can go into discussions with the knowledge and background needed to address this growing risk.

Duncan Cotterill: Working with asbestos – what you need to know
If you are a licensed asbestos removalist, or you or your business owns or occupies a building containing asbestos, you will need to ensure that you are complying with the Health and Safety at Work (Asbestos) Regulations 2016 when they come into full force on 4 April 2018.

Duncan Cotterill: Farmers being targeted by the Labour Inspectorate
The Ministry of Business Innovation and Employment have issued a media release calling for farmers to ensure they provide minimum employment entitlements to employees and keep proper records.

ASB: Quarterly economic forecast – February 2018
New figures show NZ’s economy has performed stronger than previously thought

Aura: Free Cyber Security Checklist
The essential checklist to improve your cyber security posture

2017 Articles

Marsh: MMC Cyber Handbook 2018: Perspectives on the next wave of cyber
This extensive cyber handbook includes lessons learned from 2017, emerging trends and developments overseas, and cyber resiliency best practices

Marsh: Material Improbabilities – Getting Practical with Emerging Risks
This report provides practical strategies for organisations to help them make sense of the threats identified in the 2018 Global Risk Report and understand how to build resilience and adaptability. Click here for an overview of the report contents.

Marsh: Global Risks Report 2018 - Building Resiliency, Finding Opportunity
In collaboration with the World Economic Forum, this report provides a rich perspective on the major threats facing our world over the next 10 years.

Marsh: Rapidly evolving risks are creating new threats and opportunities
Perspectives on many of today’s toughest management challenges, including the impact of digitization on businesses and workforces, cyberattacks, and political upheaval. 

University of Canterbury – supporting our next generation of directors
The University of Canterbury's Centre for Entrepreneurship is seeking mentors, projects, internships and guest speakers. This is an opportunity for IoD members to get involved and earn CPD points for any governance-related mentoring or presentations. Please click here for further information on how you might be able to help.

Duncan Cotterill: Sentencing under the new health & safety regime
Under the new health & safety regime, defendants may also be required to contribute to the costs incurred by WorkSafe New Zealand in pursuing prosecution.  Whether cover exists for this under a business’s statutory liability insurance will depend on the specific policy wording.

Duncan Cotterill: Hazardous substances in your workplace
Does your workplace have proper management in place for hazardous substances?  i.e. any product or chemical that has explosive, flammable, oxidising, toxic or corrosive properties.  Are you complying with the new requirements effective 1 December?

Marsh: Periods of Limitation and Construction Contracts
How contractual limitations relate to and interact with insurance and limitation periods under law are important factors. This is especially the case if the parties are to rely on insurance and understand what, if any, liability sits on their balance sheets outside of contract.

Aura: Creating cyber-aware employees
Employees are often the easiest way for hackers to gain access to an organisations’ data or systems. Your business can have the very best technology, systems and processes in place; but if your staff don’t know what a phishing scam looks like, or use their work devices in unsecure ways and environments; they’re leaving huge gaps in your security armour. To help businesses reduce the risk of cyber-attack, the team at Aura Information Security has developed CyberWise – a subscription-based e-learning tool designed help businesses raise the overall standard of cyber-security awareness across their organisation.

Duncan Cotterill: First Sentencing under new H&S Legislation
The first sentence under the Health and Safety at Work Act 2016 (HSW Act) was recently handed down. Most people interested in health and safety have been long awaiting the first decision, to see what effect the greatly increased maximum penalties will have on actual fines imposed.

Duncan Cotterill: Contract and Commercial Law Act 2017
The Contract and Commercial Law Act 2017 (CCLA) came into force on 1 September 2017, and brings with it an increasing shift towards user-friendly and modernised legislation.

Duncan Cotterill: Gender Salary Gap highlights needs for employers to re-evaluate pay
The recent BBC gender salary gap disclosure highlights how negative publicity in relation to any pay disparity could cause significant damage to a company’s reputation.

Aura: NotPetya Ransomware Attack - What You Need to Know and Do
It is important to remember our geographic location does not make New Zealand companies exempt from a Ransomware Attack. Companies need to remain vigilant and take proactive steps in order to avoid being affected. 

Duncan Cotterill: Earthquake prone buildings - a new era approaches
It is anticipated that the new national framework for managing earthquake prone buildings (EPBs) will take effect on 1 July 2017. This will bring with it a national register and set timeframes for assessment and strengthening in order to ensure that the way buildings are managed for future earthquakes is consistent across New Zealand.

Marsh:  Ready Or Not, Disruption Is Here
This article looks at how risk professionals are addressing the challenges of disruptive technology, focussing not only on some of the issues at hand with the 4th Industrial Revolution, but also what the barriers are to executives and directors trying to manage new risks.

Aura: WannaCry – What you need to know and do
The WannaCry ransomware attack may be over but experts are warning that copy-cat attacks are likely. It’s important for businesses to remain vigilant to avoid falling victim to similar attacks. Here’s some tips from the team at Aura Information Security.

University of Canterbury: Adaptive Resilience and Governance
Adaptive resilience is becoming increasingly essential, and organisations are realising that it’s important to become more resilient. Developing this resilience requires a long-term plan, and the willingness to keep working at it, making gradual progress, to create a culture that truly supports agility and resilience.  How can directors contribute to the building of adaptive resilience?

Duncan Cotterill: One year on – the obligation to consult, co-operate and co-ordinate
A year has passed and we are yet to see a prosecution under the new HSWA in New Zealand. However with the on-going number of queries arising, particularly from a practical perspective, we thought it useful to recap on the new obligation to “consult, co-operate and co-ordinate” where there is more than one person conducting a business or undertaking (PCBU).

Duncan Cotterill: Working from home – health and safety considerations
For many reasons, employees are increasingly seeking flexibility in their working arrangements not only in respect of their hours and days of work, but also in the ability to perform their work remotely. Improvements in technology mean that working from home is more manageable than ever before. Many employers have already begun utilising these arrangements to attract and retain staff and given the respective benefits arising from such arrangements, demand for remote working is likely to increase in the future.

Aura: E-learning – Cyber-security best practice
Aura Information Security has completed work on the first module of its cyber security e-learning programme – an online training tool designed to help New Zealand businesses raise awareness of cyber-security best practice amongst employees and minimise the risk of security breaches.

Aura: Cyber Security Tips for World Password Day
May 4th marks World Password Day, a global initiative to raise awareness around password security. Here are five top tips on how to maximise your business’ password security.

Duncan Cotterill: Smart contracts, blockchain and distributed ledger technology: implications for business - Part One
Smart contracts, blockchain and distributed ledger technology (DLT) are new technologies with the potential to radically transform our economic and social systems. Part l of this article outlines smart contracts, blockchain and DLT, and what the potential benefits of each are for business.
Duncan Cotterill: Smart contracts, blockchain and distributed ledger technology: implications for business - Part Two
Part ll discusses some of the risks (technology, legal and regulatory) and challenges posed by smart contracts, blockchain and DLT, current examples of smart contracts in practice and DLT platforms and the implications for business. it also considers the future of this disruptive technology.

Marsh: Board Oversight of ESG
As global warming turns up the heat on the planet, investors are turning up the heat on boards.  And investors are not only concerned about climate but also about other environmental, social, and governance (ESG) concerns.

Aura Information Security: five tips when considering cyber security
It doesn’t matter how big or small your business – if the data and information held within it is of interest to cyber criminals, you’re a target. Here are Aura Information Security’s top tips to help businesses stay one step ahead of the bad guys.

Duncan Cotterill: Beneficiary access to trust information - the final word from the Supreme Court
Whether there is an overriding entitlement to trust information has now been answered by the Supreme Court and guidance issued to trustees. We anticipate this will be the last word in this area for quite some time – although in practice applying the factors will not always be easy, particularly when there are competing interests at stake between beneficiaries.

Duncan Cotterill: Construction contracts retentions - a new regime from 31 March 2017
On 31 March 2017 an important amendment to the Construction Contracts Act 2002 (CCA) came into force. This amendment introduced a new retention scheme, designed to safeguard retention money in the event of insolvency of the holding party.

Marsh:  Risk Outlook for 2017
Directors were asked their views on a wide range of risk issues from their perceptions of risk in New Zealand business through to their boards' involvement in risk (in partnership with the IoD). 

Duncan Cotterill: Overseas Investment
New class exemptions to the Overseas Investment Act 2005 have recently been introduced and came into force on 1 February 2017.

Duncan Cotterill: Construction Contracts Act - a series of three articles​
A summary of the Construction Contracts Act
The payment claim process under the Construction Contratcs Act
Adjudication of disputes under the Construction Contratcs Act

Marsh: Directors' Risk Survey Report 2016 - Risk outlook for 2017
Marsh is delighted to present its thrid risk survey report for directors in partnership with the Institute of Directors. Directors were asked their views on a wide range of risk issues from their perceptions of risk in New Zealand business through to their boards' involvement in risk. 

Marsh: OW Risk Journal Volume 6
Perspectives on the risks that will determine your company’s future, including the latest thinking on many of management’s toughest challenges globally: blistering technological change, cyberattacks, volatile energy prices, rising healthcare costs, and structural risks emerging from social trends.

Click here to read Dell's Annual Report on Underground Hacker Markets.

2016 Articles

Marsh: Charting a path through Political and Social Instability
This report explores the underlying themes that resulted in the election of Donald Trump, the latest unexpected event in a year characterised by US domestic political crises, civil disturbances and extremist violence. 

Marsh: Booz Allen Report - When the lights went out
A detailed case study of the watershed moment for cybersecurity when, for the first time, energy-grid operations were compromised; causing blackouts for 225,000 consumers in Ukraine almost one year ago. 

Marsh: MMC Cyber Handbook 2016 - increasing resilience in the digital economy
Cyber risk exposures are embedded in the operations of organisations across all sectors and countries. No company is fully secure, no matter how sophisticated its cyber defence mechanisms. With cyber risk, you face active adversaries who are constantly changing their attack strategy.

Duncan Cotterill: Successful Succession Planning for SMEs
Guidance for directors assisting owners, managers nad shareholders with succession planning in small and medium size businesses. 

Aura: Counting down to Christmas – is your business secure?
The increase in people conducting transactions online in the lead-up to Christmas means a lot more credit card (and other personal information) is out there and vulnerable to attack. So, if you are a business that transacts online and has a credit card payment facility on your website, what do you need to do?

Aura: People, Process and Technology in Cloud Security
Using the cloud to transform technology is fairly easy. Transforming people and process is not so straightforward. Losing control of data can lead to identity theft, privacy and reputation loss, regulatory restrictions and fines.

Aura: BYOD Security Stakes Raised
Bring your own device is a practical reality for business not just in New Zealand, but around the world. But one aspect which is often partially or entirely missing is bringing your own security – or at least being aware of it.

BDO: Bringing a new owner or partner into your business
“Congratulations. I now pronounce you, business partner and business partner.”  There are many reasons as to why you may want a new owner or partner in your business, but before you confirm such an important decision we strongly recommend that you consider the following points.

ASB: How digital changes everything
Digital tools are invading the business environment, provoking significant changes in the way we work, communicate, and sell.

Marsh: How To Strengthen and Sustain a Healthy Risk Culture
This article speaks to the risk culture of an organisation and how we as pack animals are led by the influencers in our organisations – target them and there’s a better chance others will follow, instead of issuing instructions and directives.

Marsh:  The Global Risks Report 2016
The year 2016 marks a forceful departure from past findings, as the risks about which the Report has been warning over the past decade are starting to manifest themselves in new, sometimes unexpected ways and harm people, institutions and economies.

Duncan Cotterill: Supreme Court decision and what this means for the family trust
The law relating to relationship property and trusts has always been complicated, particularly as lawyers try to challenge the validity of trusts when dividing property after a relationship has ended. The latest word from the Supreme Court iin two decisions in respect of one family.

Duncan Cotterill: Reinstatement – the growing trend
In 2011 the Employment Relations Act was amended to remove the status of reinstatement as the primary remedy for employees that had been unjustifiably dismissed. Despite this, a recent decision of the Employment Relations Authority confirmed the ongoing relevance and availability of reinstatement as a remedy for employees

Duncan Cotterill: When full and final isn’t so final?
The majority of employment disputes never see the inside of a Courtroom and are instead resolved privately through settlement discussions, recorded in a settlement agreement. Unfortunately, after receiving their settlement sum some parties are not quite ready to move on…

Marsh: Brexit – What directors should know
Navigating the uncertainty of the UK’s “Brexit” –  what will the historic Brexit vote mean for businesses and individuals?

ASB: RBNZ Economic Assessment Review
21 July 2016 – The RBNZ signals more cuts are likely due to higher than expected exchange rate. Financial stability concerns appear less pressing now that the RBNZ is consulting on additional lending restrictions. We continue to expect the RBNZ will cut the OCR by 25bp a piece in August and November.

Marsh: Governance Challenges 2016: M&A Oversight
Risk is inherent in corporate acquisitions - an organisation’s ability to identify and mitigate such risk is critical.

Duncan Cotterill: Cyper Security – are you prepared
In response to heightened public interest and concern, this briefing highlights some of the key technical, commercial and legal issues that businesses currently need to understand about cyber security.

Duncan Cotterill: Workplace Bullying – what are my obligations
Under the new Health and Safety at Work Act 2015 (HSW), a person conducting a business or undertaking (a PCBU) must ensure the health and safety of workers who work for the PCBU, while at work. This includes protecting workers from harmful behaviour while at work such as bullying.

Duncan Cotterill: Are you paying your employees correctly
The government has recently announced a payroll blunder that has left thousands of MBIE state sector workers underpaid. Your business could be in danger of making the same mistake.

Duncan Cotterill: New Health and Safety Laws – Key Principles for Principals and others involved in schools
There has been a lot of concern over how the HSW Act will affect how schools operate, particularly in relation to playgrounds. So what do the people who work in or with schools need to know?

Duncan Cotterill: Crowd Funding and Small Offers – what are the unintended consequences for issuers
If you are considering a crowd funding or small offer strategy, here is an overview of the things you need to consider.

Duncan Cotterill: Charitable Trusts – what you need to know
If you are thinking about establishing a charitable trust to promote a cause that you support, it’s important to start with the fundamentals.

Marsh: Governing the Global Company
The current era of broader and faster globalization presents new questions and challenges for corporate governance and oversight. But what are the implications in terms of boardroom composition, practices, and the necessary skillsets for directors? What constitutes an effective global board?

Duncan Cotterill: The new health and safety regime - what does it mean for the farming industry?
The focus of the HSW Act is to protect workers and other people against harm to their health, safety and welfare by eliminating or minimising risks at work.

Duncan Cotterill: Charities and volunteer associations – what you need to know about health & safety laws
In general, the HSW Act imposes duties on a person conducting a business or undertaking (PCBU) in any workplace.  All that is required to be a PCBU is one employee for the entire organisation.

Duncan Cotterill: Directors and officers - What are your health and safety obligations?
An officer must personally exercise due diligence to ensure that the PCBU complies with its duties and obligations under the HSW Act.

Marsh: Health & Safety at Work Act – what are you liable for under the new Act
Businesses of all sizes are required to have an effective strategy to develop worker engagement and safety practices. There will be a greater responsibility imposed on businesses and individuals to ensure compliance with health and safety processes.

Duncan Cotterill: Are you across 2016’s law changes for the workplace?
Same story different year: April 2016 will see a number of changes made to the law affecting the workplace. Duncan Cotterill cover the headline points at a high level.

2015 Articles

Charities and volunteer associations - what you need to know about health and safety laws
Duncan Cotterill has prepared a summary of the new Health and Safety at Work Act 2015 (HSW Act), detailing how the new legislation, which comes into force on 4 April 2016, will affect charities and those who undertake volunteer work for them.

Duncan Cotterill: Health and Safety – Safety Reform Bill Update
The release of the Transport and Industrial Relations Select Committee report on the Health and Safety Reform Bill has now been delayed until 24 July.

Duncan Cotterill: Health and Safety - the first home detention sentencing for H&S prosecution
For the first time, a health and safety prosecution in New Zealand has resulted in a sentence of home detention for the company director.

Duncan Cotterill: Health and Safety - changes to the Sentencing Act - restorative justice
The new section 24(a) of the Sentencing Act 2002 means the court must adjourn proceedings to enable enquiries to be made as to whether a restorative justice process is appropriate.

Duncan Cotterill: Health and Safety - the prudent paper trail
Employers often wonder how long they need to retain health and safety related documents.

Marsh: Cyber stress tests - Benchmark your vulnerability
Cyber-attacks can happen to anyone, anytime: have you got yourself covered?

Marsh: Managing cyber risks - IT security and data protection
Cyber-attacks against companies are growing and are increasingly violent and sophisticated.

Marsh: Bridgecorp vs Lloyd's - and offshore liability insurance
The NZ Court of Appeal made a decision in the Bridgecorp v Lloyd's case, which has clarifed the law in relation to overseas insurers under section 9 of the Law Reform Act 1936.

2014 Articles

Marsh: No ceiling for reparation awards?  The Sentencing Act 2002 Updated
As of 06 December 2014 the Sentencing Amendment Act 2014 will allow for reparation awards in excess of that currently payable under ACC.


2013 Articles

Marsh launches Insurance Facility for Cantabrians wanting to rebuild
Annoucement from Marsh for the launch of an insurance policy for Cantabrians rebuilding their homes following the major earthquakes in 2011.

2012 Articles

Marsh: Cyber risk
Is your data at risk?

Marsh: CyberEdge Claim Scenarios
Cyber risk has come a real liability risk for business around the world.
Marsh: Cyber Insurance
The New Zealand Government is taking the increasing cyber threat very seriously and in June 2011 it presented its cyber security strategy.

Duncan Cotterill: Earthquake prone buildings 
The future of earthquake prone buildings is still shrouded in uncertainty as the wait continues for the Government's new policy to be released later this year.