February 2020 - BAY OF PLENTY BUSINESS NEWS

8 4 BAY BAY OF OF PLENTY PLENTY BUSINESS BUSINESS NEWS NEWS February January 2020 2020
Dispute
Bay of plenty
resolution
in NZ – the times
www.bopbusinessnews.co.nz
they
CONTACT
are a-changin’
ELECTRONIC
INFORMATION
FORWARDING
PUBLISHER
EDITORIAL:
Cheaper Alan Neben and faster court resolution for News Intellectual releases/Photos/Letters: Property (IP)
disputes Ph: (07) is 838 on 1333 its way – maybe. david@bopbusinessnews.co.nz
Mob: 021 733 536
Email: alan@bopbusinessnews.co.nz PRODUCTION:
On 16 December 2019,
the Rules Committee
EDITOR
– a statutory body that
has responsibility for procedural
David rules Porter in the Supreme
Court, Mob: the Court 021 of 884 Appeal, 858 the
High Court and District Court
– called for feedback on potential
reforms to the rules governing
STUDIO civil trial MANAGER procedures in
the High Court and the District
Court.
Tania Hogg
The Ph: Committee (07) 838 1333 is seeking
feedback from the legal
profession and “other courts
users” (which I assume means
businesses GRAPHIC and DESIGNER members of
the public)
Olivia
on
McGovern
reforms “to improve
access to civil justice”
by keeping Ph: (07) the 838 costs 1333 of coming
to court proportionate to the
nature and value of the issues
in dispute.
The ADVERTISING
Committee is considering
four specific proposals:*
1. Short
INQUIRIES
form trial
procedures;
2. Inquisitorial-type BUSINESS DIRECTOR processes
Pete Wales (instead of current
adversarial processes);
3. Summary
Mob: 022
judgment
495 9248
triage
procedure; and
4. Streamlining pre-trial and
Email: david@bopbusinessnews.co.nz
Email: tania@dpmedia.co.nz
Email: olivia@dpmedia.co.nz
Email: pete@bopbusinessnews.co.nz
From the editor
trial processes.
Expensive reality
I won’t go into
Copy/Proofs:
the specific
proposals here, but production@dpmedia.co.nz
my preliminary
opinion is that they are a ceedings can be expensive,
It’s no secret that court pro-
step in the right direction. SUBSCRIPTIONS: too, with the unfortunate reality
being that most businesses,
Something is
info@bopbusinessnews.co.nz
missing
though, in my view: a proposal especially SMEs, can’t afford
to establish a specialist IP disputes
tribunal.
court proceedings. As a result,
Bay of Plenty Business
SMEs don’t
News
enforce
has
their IP
At present, if a you’re circulation the of rights 8000, as distributed they should and thus
owner of a registered throughout trade Bay are of deprived Plenty between of access to justice.
The current system of
mark, for example, and someone
is infringing
Waihi
your rights
and Opotiki
court-based
including
IP dispute resolution
is and thus to very a unsatisfactory
in that trade mark, Rotorua your options
to resolve the subscription dispute are base. – indirectly recognised by
and Taupo,
limited.
the Committee.
As your first
www.bopbusinessnews.co.nz
move, you A specialist IP disputes
might call the person up and/or tribunal in New Zealand
send them a letter demanding would be an affordable forum
they stop infringing.
in which to decide uncomplicated
Business “soft Publications IP” disputes
If neither of Bay those of work, Plenty
though, your only 210/424 options Maunganui – involving Road, trade marks, copyright,
designs, trade dress (or
apart from doing nothing – are
to sue the person in Mount the District Maunganui, “get-up”’) 3116 and confidential
Court for breaching the Fair information.
Trading Act or sue them in Due to their complexity,
the High Court for trade mark patent and plant variety rights
infringement. Bay of Plenty Business disputes would be excluded.
You cannot lodge Publications a claim specialises As to who in would decide disputes
before the tribunal, New
in the Disputes Tribunal, because
the Disputes Tribunal is Zealand has a plethora of
business publishing, advertising,
not allowed to hear design intellectual and print appropriately media services. qualified individuals
to referee soft IP property disputes.
dis-
The Bay of Plenty economy
is expected to been Finance Minister Grant
tion of a change in attitude has
remain strong for the Robertson’s recent decision to
coming year with solid underlying
take the advice of a range of
growth and good pros-
economists and signal that he
pects for 2020, say local business
was willing to borrow cheaply
leaders. As reported in and spend big on infrastructure
our cover story this month, the in the coming years. We should
regional economy is still very not underestimate what a major David Porter
strong and sentiment appears change of policy this reflects for
to be really good, with businesses
Labour. Robertson announced The new Bay fund reflects
cautiously optimistic in December that the govern-
the increasing focus globally on
about 2020.
ment would take advantage of Impact Investing, where corporate
But there are two main factors
historically low global inter-
foundation heavyweights
that are likely to affect est rates - and New Zealand’s and high net-worth individu-
what sort of year we have. generally strong economy - to als are combining forces with
The first is, of course, external undertake “significant” spending
the philanthropic sector and
issues that are largely beyond
on infrastructure.
family trusts to invest in inno-
New Zealand’s control. Recent Meanwhile, the Bay of vative solutions to social and
years have been notable for a Plenty-headquartered Purpose environment problems.
greater degree of international Capital Impact Fund (PCIF) has And David Pilkington, chair
political and economic volatility
achieved its first close target of of key local business driver
than we have seen since the raising $20 million and is now the Port of Tauranga, has been
world emerged from the Global ready to begin investing in projects
named Chairperson of the Year
Financial Crisis.
nationwide. The fund was in the Deloitte Top 200 Busi-
The erratic US approach launched in March 2019 by Bill ness Awards.
to trade by President Donald Murphy, founder of early stage Deloitte Top 200 judge
Trump’s government, the on-off investment group Enterprise Cathy Quinn said that any entity
trade wars with various major INTELLECTUAL Angels. (See our Bay of Plenty PROPERTY Pilkington chaired ISSUES had performed
financially and grown
partners, and Britain’s protracted
Brexit problems, as well > BY May-June BEN CAIN 2019).
consistently during his tenure.
Business News cover story,
as political changes and unrest Ben Cain The is a fund Senior is Associate now officially at James & Pilkington Wells and joined a Resolution the Port of
in regions from South America
to the Middle East have all
Institute-accredited active, but will mediator. remain He open can be Tauranga contacted Board at 07 in 928 July 44702005
(Tauranga),
for further
07 957
investment
5660 (Hamilton),
and is
and
and
benc@jaws.co.nz.
has been chair since 2013.
played a part in heightening aiming to reach $30 million. Since then, Port of Tauranga
instability.
PCIF has already attracted has successfully completed its
putes; The there other is major no shortage issue for of several the current major scope investors, of its includindiction.
the It Tindall could be Foundation, – but in capable” no-brainer. and Ultimately, is now by far how-
New
juris-
strategy bunal in to New become Zealand “big ship is a
New expertise. Zealand business is the
fact A that specialist 2020 is tribunal an election is not K1W1, my view WEL it would Energy be far Trust, better Zealand’s ever, it is largest you – businesses port. The company’s
members market of the capitalisation public – who has
and
year. a novel There idea. is a On positive the contrary, side to BayTrust, to have one TECT tribunal, and numerous which
that. New The Zealand New already Zealand has governmentcialist
which tribunals has been for regularly employ-
trusts. putes K1W1’s involving Robbie straightfor-
Tin-
tenure if you to agree. more than $4.6 billion.
spe-
private could hear individuals all types and of IP family dis-
more need to than push doubled for such during a tribunal his
accused ment disputes, of incompetence motor vehicle during dall ward said facts his and family’s straightforward fund had His Are win made the times it a hat a-changin? trick for
its dealer term disputes, - think Kiwibuild tenancy - and disputes
a lack and immigration-related
of coherence and difference the vast majority in New Zealand. of IP dis-
business awards. Chief execu-
always legal issues been – about in other making words, a the We’ll port see. at the annual national
of
coordination disputes, for between example. the three putes “Investing which through SMEs might Purpose be tive *See Mark www.courtsofnz.govt.
Cairns won for Chief
coalition We also parties, have the is Copyright likely to Capital involved. Impact Fund is another Executive nz/about-the-judiciary/rules_
of the Year in 2012,
go Tribunal, out of its but way resolving to prime copyright
disputes pump in is 2020. not within deepen lectual our property impact disputes throughout tri-
Steve tice-consultation Gray, won CFO of the
the way To for me, us a to specialist broaden intel-
and while committee/access-to-civil-jus-
Chief Financial Officer,
economic
The most obvious indica- the country.”
Year Award in 2017.
Your invitation
Bay of plenty
YEAR
BOOK
CELEBRATING BAY BUSINESS | 2019-20
Since the launch of our monthly newspaper Bay of Plenty Business
News in 2016, we have become the most credible and well-read
source of business information in the region.
We felt there was also a need for a quality annual publication that
celebrated the range and quality of the many businesses and
benefits of the Bay and have been delighted by the support our
first edition received from so many notable enterprises in the Bay
region.
Year Book 2019-2020 will build on our successful, inaugural first
edition. We invite you to profile your business in this prestigous
annual that profiles and ‘Celebrates Bay Business’.
PRINT RUN: 6,000
DISTRIBUTION: All major businesses, business hubs, airports, across
Tauranga, Western Bay, Eastern Bay, Rotorua and Whakatane.
KEY DEADLINES
Booking deadline: Monday, 16 March, 2020
Content deadline: Monday, 23 March, 2020
PDF/Print date: Monday, 20 April 2020
In market date: Thursday, 30 April 2020
Shelf Life: Annual/12 months
ADVERTISING INQUIRIES
Pete Wales, Business Director
pete@nmmedia.co.nz
022 495 9248
CELEBRATING BAY BUSINESS 2019-2020