Package Fee (incl GST)

• $355 - Law Society members and Associate members (usually $419)
• $465 - Non-members (usually $549)

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Modules

Directors' Duties - 2 CPD hours

• Publication date: November 2022
• Authors: Nick Fenton, Matthew Kersey, Nathaniel Walker

It is a challenging time to be a company director in New Zealand, particularly in light of the unprecedented (at least for the modern day) global economic turbulence. The task is complicated further by uncertainty in the legal and governance communities regarding the acceptable levels of risk-taking by directors of companies in financial strife. Recent decisions of the Supreme Court and Court of Appeal have prompted debate amongst governance professionals, legal advisors and academics regarding the proper application of the insolvent trading regime contained in New Zealand's companies legislation. While a forthcoming decision of the Supreme Court may provide greater clarity, many participants in the sector have long called for legislative reform. This module will survey recent developments in the insolvent trading space, consider what the future may hold for the law governing duties of directors in the "twilight zone", and provide practical guidance for professionals and their advisors.

This module will include:

• A brief outline of the challenges facing company directors in New Zealand at present as a result of surging global economic uncertainty
• A detailed discussion of the legal ambiguity regarding the responsibilities of those charged with navigating New Zealand companies through turbulent times
• An analysis of two recent, high-profile decisions of the Supreme Court and Court of Appeal regarding the application of New Zealand's insolvent trading regime, which have given rise to significant consternation and debate in the legal and governance communities regarding the degree of
  risk-taking by directors that our companies legislation should tolerate
• Some practical tips for company directors facing difficult trading conditions (and the practitioners who advise them)
• A discussion of where to next for the law governing companies in financial crisis in Aotearoa.

Directors' Liabilities - 1.5 CPD hours

• Publication date: June 2021
• Authors: Josh Blackmore, Julian Brown 

There is an increasing focus on holding directors personally liable for perceived shortcomings in the performance of their duties upon insolvency and in an expanding range of areas including health and safety and cartel conduct.

How can directors execute their core role of adding value to shareholders’ investments while protecting themselves from potential personal liability, civil and criminal?

This module will consider some of the key issues in this area and enable you to provide your clients, whether directors, shareholders or insolvency practitioners, with practical advice.

The presentation will include commentary on recent Court of Appeal and Supreme Court decisions, as well as consideration of practical protective measures, such as directors’ indemnities and insurance, and their limitations.

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Debut Homes Ltd - implications for Directors - 2 CPD hours

• Publication date: December 2020
• Authors: Michael Arthur, Jacque Lethbridge

The recent Supreme Court decision of Debut Homes Ltd has significant implications for companies facing solvency challenges. This seminar will examine the ramifications of the decision while also taking into account the broader picture in terms of the changing landscape in this area and what you need to be mindful of when advising your clients on a practical level.

• The frequent difficult decisions directors must face about trading on in situations of questionable solvency that require commercial judgement  
• Discussion on the disruptions directors faced through 2020 and how the expiry of the temporary COVID-19 safe harbour has not made things easier
• The risk directors may face of potentially significant personal liability in the event of formal insolvency
• What exactly is the Supreme Court’s scope of the decision made to offered guidance on this front in Debut Homes Ltd and what broader impact will it have