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Appearing in the Employment Relations Authority

Issues covered include: Employment Relations Authority procedures, applications, evidence, appearances

Description

Join Michele Ryan from the Employment Relations Authority who will give you an in depth practical understanding of ERA applications, evidence and appearances. If you are new to this area of law or unfamiliar with the ERA process, or used to the District/High courts you will develop valuable skills for preparing and participating in ERA matters.

Attend and earn 3 CPD Hours

WORKSHOP

9.15am to 10.45am: The Initial Stages: Jurisdiction and the Application Process

ERA’s Jurisdiction and Appearing in ERA Matters

  • Overview of ERA's jurisdiction and structure
  • Analysing when ERA is the most appropriate jurisdiction to initiate an Application
  • Legislative updates
  • Procedural standards, requirements and considerations in ERA matters


What is Required for an Application and Lodgement?

  • Clearly stating the nature and basis of the Application
  • Providing adequate and appropriate supporting documents
  • Lodgement
  • Seeking and providing further particulars / information
  • The need for and content of a reply


10.45am to 11.00am Morning Tea Break

11.00am to 12.30pm: The Concluding Stages: Evidence, Conferences and the Investigation Meeting

Evidence in the ERA

  • Key differences between how the Authority and Courts treat evidence
  • How to deal with documents and other evidence
  • Witness statements
  • 'Not bound by the rules of evidence': the practical implications
  • Procedural fairness and natural justice at ERA: the evidentiary implications


Mediation, Case Management Conferences, and the Investigation Meeting

  • Mediation
  • Case management conferences
  • What happens Investigation meeting?
  • Tips for achieving a determination in your favour
  • Dispute resolution mechanisms
  • Costs

Presented by Michele Ryan and Robin Arthur Member, Employment Relations Authority


Learning Objectives

  • Gain practical skills to apply when appearing in the Employment Relations Authority

Venue

Grand Mercure Auckland

Level 2, 8 Customs Street East
Auckland 1010
New Zealand

Map of Grand Mercure Auckland

Directions

Grand Mercure Auckland is a short 5 minute walk from the main train/bus station Britomart.

Parking

Parking is not included in your registration. Here are some options below. 

The hotel has very limited on-site parking. There is a valet service which works on a 'first come, first serve basis', and is $40 per car.

Other surrounding parking options include:
Britomart Car Park - click here to view rates
Lumley Centre Car Park - click here to view rates

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With the increasing establishment of public inquiries in New Zealand, it is imperative you know how to respond when subject to an inquiry. Hear from public law experts as they examine the key issues in matters of high public interest, including the approaches adopted in inquiries overseas, the role of government agencies and the treatment of evidence and advocacy.

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Terminating Employment: Problems

The decision to dismiss an employee needs to be carefully considered because employees have rights and employers have obligations. Gain practical strategies on how to handle employee misconduct, the process of redundancy and how to effectively negotiate settlement agreements.

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CANCELLED: Environmental Law: Critical Reforms and Cases

Issues covered include: Inquiries: A Comparative Review, The Role of Government Agencies in Public Inquiries, Evidence and Advocacy in Public Inquiries

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Conveyancing: Practice and Procedure

Issues covered include: Off the Plan purchase agreements, co-ownership agreements, Landonline, automation, eDealing, conveyancers and AML/CFT update

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CANCELLED: Settlement Agreements in Commercial Disputes

Issues covered include: Drafting Impeccable Settlement Agreements, Settlement Agreements and Tax, Undoing Settlement Agreements

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CANCELLED: Trademarks, Patents and Ethics Forum

Hear from leading trade mark and patent practitioners about the hottest issues while gaining your CPD points from in-depth presentations covering the latest cases, legislation, trends and best practices.

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CANCELLED: Contract Law: 4 Risky Clauses

Expertise in contract drafting is crucial in almost any commercial matter or transaction. This practical webinar will enable you to gain a mastery of some of the most important, and at times underestimated, contract clauses that can cause you grief. Whether using a clause as a shield or a sword, our contracts specialists will focus on the most important contract clauses and what causes the most problems.

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Employment and Religion in Focus

Issues covered include: employment agreements, faith based organisations, church, pastors, ministers

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Health and Safety at Work Act 2015 in Focus

Issues covered include: Health and Safety at Work Act, fines, undertakings, workplace investigations

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Construction in Focus

Issues covered include: building, construction, defective buildings, disputes, earthquake strengthening, asbestos

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Commercial Law and Business in Focus

Issues covered include: shareholder agreements, exit provisions, directors, conflicts of interest, Companies Act, confidentiality

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CANCELLED: Criminal Law Forum

Issues covered include: Sentencing and Parole: Areas of Conflict, Zhang v R – The New Guideline Judgment for Methamphetamine Offending, State of Surveillance in New Zealand, Changes to the Evidence Act, Anti-Money Laundering and White Collar Crime Update, Defence Counsel Responsibilities to Client, Appellate Judgements Intensive

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10 Hours in One Day – Critical Updates for All Lawyers

Issues covered include: Employment Law Update, Analysing Quantum in Employment Law Claims, AML/CFT Issues for Lawyers, Changing Trustee, What to do When Your Organisation or Your Client’s Business Faces a Crisis, Insurance and Risk Update, Franchising Update, Resource Management Update for Commercial and Property Lawyers,Sale and Purchase of Real Estate: Warranties in Agreements, Building Regulatory Reform and how this will Impact the Construction Sector

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Trade Marks and Patents Conference

Issues covered include: IPONZ Hearings Office, trade mark ownership, trade mark enforcement and litigation, Chinese trade marks update, specifications, patent portfolio management, artificial intelligence

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Employment Law: Critical “Post Bubble” Changes

Issues covered include: Employment Relations (Triangular Employment) Amendment Act 2019, restructures, misconduct, employment relations authority, contractor rights

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Hot Contract Issues: Mistakes, Termination and Unfair Provisions

Issues covered include: misrepresentation, termination, unconsionability, unfair contract protections

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Mastering Subdivisions

Issues covered include: types of subdivisions, subdivision issues, e-dealing

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Debt Recovery and Enforcement: Practice and Procedure

Issues covered include: debt recovery action, recovery proceedings, enforcement action

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Immigration Law Conference: Critical Visa Changes and Challenges

Issues covered include: employer-assisted temporary work visas, student visas, partnership applications, ethics, waivers, humanitarian appeals, visa reconsiderations, unlawful status

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Sentencing: Cases, Practice and Procedure

Issues covered include: reparations, s 27, s 106 discharge applications, Zhang v R

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Construction Contracts, Insolvency and Disputes

Issues covered include: case update, recent developments, insolvency, pitfalls, disputes

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Shareholder Agreements: Drafting, Tax and Resolving Disputes

Fine tune your drafting skills and examine critical tax issues to ensure your shareholder agreements are watertight. You will also gain practical strategies for resolving disputes and the options available to you when a dispute has escalated.

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Avoiding Wills Disputes and Succession Update

Issues covered include: good will instructions, assistance, testamentary capacity, fixing wills, succession law reform

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Wellness, Stress Management and Good Health All Lawyers (Australia and New Zealand)

Lawyers are working from home, which brings new and unchartered pressures. Have you considered how wellness practices could work for you?

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Advanced Evidence and Advocacy for Civil and Commercial Litigators

Issues covered include: paperless litigation, communications, expert evidence, oral and written advocacy

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D&O Hotspots: Governance, Risk and Compliance

The challenges presented by Covid-19 has highlighted how critical effective governance and compliance is for directors. Over two hours, cover the most pressing issues including strategic and safety governance, and the liabilities arising for breaches of the Commerce Act, Fair Trading Act and the fair dealing provisions of the Financial Markets Conduct Act.

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Family Law Agreement Drafting: Overseas Assets and Separation Agreements

Issues covered include: separation agreements, overseas assets, Property (Relationships) Act, s 21J, serious injustice cases

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Trade Mark Law: Critical Cases and Recent Developments

Get caught up on the latest cases and developments in New Zealand trade mark law.

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Criminal Law Forum

Issues covered include: propensity evidence, surveillance, anti-money laundering, white collar crime

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D&O Hotspots: Information Security and AI Systems

As we shift even more of our day-to-day activity online in response to the global health pandemic, increased security threats and advancements in automation means the risks to directors and boardrooms has never been greater. Join experts over three hours to explore the AI revolution, privacy law reform and receive practical guidance on effectively managing cybersecurity threats.

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Environmental Law: Critical Reforms and Cases

Issues covered include: RMA, climate change reforms, water management, case law update, infrastructure

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Contract Clauses: Arbitration, Penalty, Warranty and Exclusion

This webinar will examine critical contract clauses that you need to know in response to COVID-19 and the current commercial environment.

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Current Challenges for Elder Law Practitioners in the COVID-19 Environment

Issues covered include: remote working, digital signatures, Modification Orders for wills, EPAs, Modifications ORders for Oaths and Declarations, probates

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Privacy in the ‘Next Normal’: Challenges and Opportunities

Issues covered include: COVID-19, privacy law, opportunities and challenges

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Law for School Guidance Counsellors

Issues covered include: Online challenges, bullying, harassment claims, #MeToo, pastoral care, confidentiality

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Overseas Investment Act: Update on Urgent Changes

Issues covered include: emergency notification regime, national interest" test, call-in power, "benefit to New Zealand" test, OIO application

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Mastering Commercial Leases

Issues covered include: office leases, industrial leases, triple net leases, landlord and tenant perspective

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Marketing Your Practice During COVID-19 and Beyond

Issues covered include: business development essentials, goals, systems, LinkedIn, marketing, self-promotion, media, communications, sole practitioners, small firms, medium firms

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Charities: Recovering and Maximising Opportunities Post-COVID-19

Issues covered include: post-COVID-19, charities and the economy, legal framework, legal considerations and strategies

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Trade Marks and Patents Conference

Issues covered include: infringement defences, good faith, use of own name, evidence trade use

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Immigration Law Series

Gain knowledge and skills to effectively advise your client in the ‘new normal’ with this three part series examining Immigration and Protection Tribunal appeals, important new work visa changes, key migrant worker issues, and how to navigate deportation risks. Book the entire series and save or select just the sessions that most interest you.

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Education Law Series

This series will cover some of the most important legal issues affecting schools, 1 hour at a time until the end of 2020. Hear from leading education lawyers and gain practical, up-to-date insights into family law, employment law and staff misconduct, privacy, online and social media issues and bullying. Watch live online to interact with the speakers and other delegates or register for the on-demand to watch the webinar at a time that suits you.

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Employment Law Series

Employment law issues are currently front and centre with employees adapting to the new way of working and businesses doing their best to survive. This 6 part series will examine good faith in restructuring and redundancies, work-from-home arrangements, restraint of trade and protecting confidential information, recent cases and the Holidays Act, employee performance management, medical incapacity, bullying and harassment. Choose the session most relevant to you or attend them all.

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The New Trusts Act and Trust Wind Ups

Attend and you will comprehensively examine the requirements and trustee duties under the new Trusts Act that you need to know. Receive essential tips for getting your trust wind ups back on track as quickly as possible. You will also gain a deeper understanding of the complexities of trust deeds, including drafting, modification, indemnity clauses and powers.

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In-House Counsel: The Latest in Contracts, Compliance and Best Practice

Are you well-positioned as in-house counsel to help support your business thrive post-COVID-19? Receive practical guidance on the latest contract trends, strategies on better partnering with regulatory and compliance teams and best practice tips on effectively dealing with the unique ethical issues faced by in-house teams. Book the entire series and save or select the sessions that most interest you.

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Food Industry: The Regulators, Legal Risks & Opportunities

Gain insights directly from the ACCC on their current approach to country of origin issues and misleading and deceptive conduct. Hear firsthand from FSANZ and NSW DPI about how they’re responding to ingredient substitution under the Food Standards Code, imported food issues and proposed processes to offer relief to the industry. Explore how the industry can deal with other emerging legal risks involving supply and distribution chains, safety protocols, crisis management and more.

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Immigration and Protection Tribunal Appeals: Case Studies

What are the latest Immigration and Protection Tribunal (IPT) appeals you need to be across of? Join Charlotte Summers over one hour to examine critical and fascinating IPT appeals and receive practical guidance and key takeaways that can immediately be incorporated into your practice.

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Work Visas: Critical Updates and a Guide to Compliance

Stay on top of the recent changes to employer-assisted temporary work visas in this one hour session with Lauren Qiu. You will receive an analysis of the recent work visa updates, insight into the options for stranded migrant workers and practical tips and compliance considerations for employers. Don’t miss out on this jam-packed session.

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Deportation: Understanding Your Client’s Options

What are your client’s options when faced with deportation? Join Simon Graham as he takes a deep dive into deportation in the criminal context. You will receive practical guidance on your client’s options to appeal and court proceedings, and key takeaways that you can implement into your practice.

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The Latest Contract Issues In-House Lawyers Need to Know: Force Majeure, Termination and Variation

Are your commercial contracts full-proof? Join Jenna Riddle over one hour to examine the latest contract issues in-house lawyers need to be across of, including force majeure, contract termination, waiver of rights and contract variation. Walk away with the knowledge and tools to ensure your contracts are up-to-date in the post-COVID-19 climate.

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Practical Strategies for Responding to Ethical Dilemmas: An In-House Lawyer’s Guide

How can in-house lawyers ethically navigate the new normal when they are faced with a myriad of new challenges? Join John Steadman over one hour as he discusses the real issues confronting in-house lawyers in a post-pandemic world. You will learn how to be commercial and ethical at the same time, and gain practical strategies into managing conflicts and privilege and professional conduct issues.

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The Intersection of the In-House Lawyer’s Role with Regulatory and Compliance Functions

How can in-house lawyers better partner with their regulatory and compliance teams? Join Louise Unger over one hour as she examines the intersection of the in-house lawyer’s role with regulatory and compliance functions. Benefit from receiving practical tips and guidance on what effective frameworks really look like.

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Social Media in Schools: Managing Staff Misconduct

Attend and you will receive essential tips and strategies for managing an incident of staff misconduct on social media in your school.

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Family Law for Schools: Understanding Family Issues and Orders

Gain a robust understanding of family law issues and the different types of family law court orders that you will encounter in your school.

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A New Privacy Act for 2020: Update on Education and Privacy

Receive an essential update on privacy legislation that your school needs to know.

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Dealing with Employee Allegations of Bullying and Harassment in Your School

Attend and equip yourself with the skills to manage and effectively deal with a report of bullying and harassment by an employee at your school.

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Understanding the Disciplinary Process: Misconduct of Teachers and School Staff

Gain a deeper understanding of the disciplinary process when dealing with different complaints of misconduct, including the investigation process.

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Mastering Restructuring and Redundancies

You will examine good faith, genuine reasons, and reasonable processes when advising on restructuring or redundancies.

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Permanent Work from Home Arrangements (WFH): Employment Issues

Attend and unpack the legalities and risks associated with employee ‘work from home’ arrangements.

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Restraints of Trade and Protection of Confidential Information

Gain a deeper understanding of the legal framework around protecting confidential information and enforcing restraint of trade.

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Update on the Holidays Act and the Implications of the Recent Metropolitan Glass Decision

Attend and you will receive a timely update on the Holidays Act reform and a critique of the consequences of the Metropolitan Glass Decision.

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Performance Management: Process, PIPs and Alternatives

You will gain a thorough understanding on how to effectively implement processes to effectively advise on how to performance manage an employee.

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Managing Medical Incapacity, Bullying and Harassment

The process for terminating an employees’ employment due to their long term illness or injury and factors that need to be considered. Also, what employers need to do to prevent bullying in the workplace and what to do if a complaint of bullying is made.

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Commercial Leases and Property Law Act Amendments: Keeping up with the Changes…

Shine a critical light on the Property Law Act 2007 ((PLA) amendments and the impact that these have had on commercial property leases. Examine the resulting emerging trends.

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Consumer Contracts and Unfair Contract Terms: Compliance and Changes

Receive a timely and critical update on unfair contract terms in consumer contracts. Examine the legal framework behind the prohibition on contract terms and understand what you need to do to ensure your consumer contracts are compliant with the unfair contract term provisions. Most importantly, you will review the recent enforcement activity of regulators and be updated on statutory changes.

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Family Law: Negotiating and Drafting Agreements and Applications

Elevate your skills and enhance your knowledge with this step by step expert guide to family law agreements and applications. You will receive practical guidance on drafting separation agreements and insight into the critical considerations you need on your radar when negotiating contracting out agreements and spousal maintenance applications. Attend and gain strategies you can immediately apply in practice.

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Government Sector Series

This series will examine the latest developments in judicial review, explore public international, comparative and foreign law and what this means for New Zealand and take a deep dive into ‘personal information’ and privacy obligations in the Government law context. Choose the session most relevant to you or attend them all.

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Judicial Review: Cases, Developments and their Implications

Attend and receive an in depth round up of the most important cases and developments in judicial review and their implications.

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Public International, Comparative and Foreign Law in the New Zealand Courts

Questions of public international, comparative and foreign law can and do arise across cases before the New Zealand courts. While the basic principles governing such law are long-standing, the concrete application of those principles can be difficult. They can also yield unexpected advantages and disadvantages. Attend and gain a deeper, practical understanding of the application and implications of public international, comparative and foreign law on the decisions made in New Zealand cases.

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Privacy in the Government Sector: Personal Information as a Gateway to Privacy Obligation

Attend and you will receive a timely update on the meaning of ‘personal information’ while critiquing your privacy obligations.

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Family Law Disputes: Harassment, Working with Children and Managing Difficult Clients

This half-day programme will provide you with practical guidance into some of the most pressing matters facing practitioners right now, including family harassment, the child’s best interests in a dispute and managing difficult clients. Walk away with key strategies and an understanding on how to better support your clients in practice.

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AML/CFT: How to Lower Your Compliance Costs

Now that most lawyers have received the results of their first AML/CFT audit, this crucial AML/CFT update will provide insight into how to improve your audit result while managing the costs associated with complying with the regime.

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Public Sector Procurement Update

An essential update on Procurement Rules, implications and considerations. Gain a deeper understanding of the 2019 Government Procurement Rules and legal framework as well as examining the Ombudsman’s jurisdiction in reviewing commercial decision making. You will also be brought up to date with current case law in this area.

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Mastering Settlement Agreements in Commercial Disputes

With nearly all commercial disputes being resolved in settlements, drafting enforceable and effective settlement agreements are some of the most important skills you must know – and get right. Hear from specialists in commercial litigation and dispute resolution as they provide you with practical tips to overcome this challenging area of commercial practice.

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Estates: Planning Fundamentals, Taxation and Disputes

What advice should you be giving your clients on their estate right now? Receive guidance on estate planning techniques, explore the taxation and trust issues arising from deceased estates and catch up on the latest in estates litigation. Walk away with practical tips and strategies to implement immediately in your practice.

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Cannabis: Legal Implications and Opportunities

Curious about the cannabis reforms and how they will affect you? Here are 3 reasons why you should be interested in attending this webinar… One. On 19 September you will be deciding whether you want cannabis to be legal nationwide. Two. There are lucrative business opportunities for NZ in this multi-million dollar industry– especially for agribusiness. Three. This will affect commercial, government, intellectual property and criminal law. Be updated and position yourself to capitalise on this growth area.

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Food Safety: Minimising Legal Risk and Maximising Opportunities

What advice should you be giving your food and hospitality clients right now? Receive an update on the latest developments, the legal risk and opportunities emerging for the food industry and the importance of an effective traceability system. Ensure your clients are compliant with the digital display of food by 31 December 2020.

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Evidence in Criminal Matters Intensive

The effective use of evidence is the difference between winning or losing in the courtroom, so it’s imperative that you get it right. This must attend programme for criminal lawyers will analyse recent appellate judgments relating to propensity evidence, provide insight into expert opinion evidence and how you can effectively challenge the legality of search powers.

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Water Law Forum: New Reforms, Rights and Urban Waterways

Are you ready to respond to the suite of changes to freshwater management? Join a panel of leading freshwater and resource management experts as they examine the latest developments right now. You will gain a practical understanding of the new water law reforms, insight into Māori water rights and responses to the reforms and explore the developments in urban waterways and water sensitive urban design. Stay up to date and walk away with key takeaways to implement immediately into your practice.

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Commercialising IP: Avoiding Bad Decisions and Risks in Auditing and Contracting

Maximising your client’s returns on their IP assets is essential to helping them achieve commercial advantage. Hear from leading commercial and IP experts as you explore how to effectively conduct IP audits. Gain valuable insights into ‘what-can-go-wrong’ through interactive case studies and scenarios to help you develop a strong intangible assets strategy, and examine how to effectively manage the IP contracting process.

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Rural Law and Agribusiness Series

What are the latest issues affecting the rural community right now? Gain the knowledge and skills to effectively advise your client with this three part series examining trust restructuring and resettlement, insolvency and the freshwater law reforms. Book the entire series and save or select just the sessions that most interest you.

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Trust Restructuring and Resettlement for Farming Families

As families grow and generational change occurs, trusts often need to be restructured. Receive practical guidance on the key issues that arise and takeaways that can immediately be incorporated into your practice.

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Farm Debt Mediation and Insolvency

Examine the latest insolvency issues in the agricultural sector in this one hour session with Bridie McKinnon. You will receive an update on Farm Debt Mediation, the insolvency law changes in response to COVID-19 and practical tips in an insolvency situation. Don’t miss out on this jam-packed session.

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New National Policies and Standards for Freshwater: Advising your Agribusiness and Rural Clients

What are the latest freshwater law reforms you need to be across of? Join Sarah Eveleigh as she provides a critical overview of the reforms and its impact on the agricultural sector. You will receive insight into the changes to the Resource Management Act, emissions and climate change and farm environment plans, and key takeaways that you can implement into your practice.

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POSTPONED: Redundancies: The Next Wave…

The end of the wage subsidy means that more redundancies are on the horizon. This programme will dissect the process of redundancies, highlight red flags and risk, examine how to manage unilateral variations, and with the benefit of recent case law, help you to ‘future-proof’ employment relations in your client’s or your business.

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