Practical Guidance: Insurance
Latest Legal Updates
Construction insurance cover: Sky UK Ltd v Riverstone Managing Agency Ltd
New Zealand seen as second riskiest country in the world when it comes to natural hazards, says Natural Hazards Commission
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Hall's Sentencing
Service 199 is now available online.
The Parole Act 2002 has been amended. Commentary has been updated for Introduction: Principles of Sentencing, Sentencing Act 2002, Parole Act 2002, Sentencing Levels, and Appendix II. An updated index has been included.
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New Zealand Employment Law Reports
Volume 20 Part 5 is now available online.
Lothian v Accident Compensation Corporation — (2023) 20 NZELR 385
Accident compensation — Cover — Work-related mental injury — Workplace bullying — Whether mental injury direct result of sudden event or single incident — Accumulation of stressors preceding and following incident — Whether event could reasonably be expected to have caused mental injury — Accident Compensation Act 2001, ss 21B, 27 and 28(1).
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Volume 20 Part 6 is now available online.
WorkSafe New Zealand v Whakaari Management Ltd — (2024) 20 NZELR 399
Sentencing — Whakaari/White Island eruption — Breaches of duty of care by owners and tour operators — Failing to ensure proper or adequate risk assessments undertaken — Death and serious injury resulting — Reparation — Significant emotional harm — Fines — High and very high culpability — Guilty pleas — Co-operation and remedial action — Previous good character — Actions in aftermath of eruption — Financial position of defendants — Insurance cover — Liquidation — Health and Safety at Work Act 2015, ss 36(1), 36(2), 37(1), 48 and 49.
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Mount Cook Airline Ltd v E Tū Inc — (2024) 20 NZELR 415
Appeal — Employment Court — Interpretation of minimum wage legislation — Part-time workers.
Minimum wage legislation — History — Purpose.
Interpretation — Meaning of text and purpose — Subordinate legislation consistent with Minimum Wage Act 1983.
“Rate” of pay — Proportional relation of monetary amount and time — Prorate actual hours worked to time period in Minimum Wage Order 2021 — Minimum Wage Act 1983, ss 4(2) and 6(1) — Minimum Wage Order 2021, cl 4.
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BGH v Kumar (also known as Bala) — (2024) 20 NZELR 438
Human rights — Unlawful discrimination — Sexual harassment — Language, visual material or physical behaviour of sexual nature in employment — Proper approach to assessment of evidence — Proper approach to determination of available relief — Proper approach to non-publication orders — Human Rights Act 1993, s 62(2).
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Singh v McKee — (2024) 20 NZELR 462
Discrimination — Racial harassment — Victimisation — Choice of procedure — Indian employee — Employer commenting on and making fun of employee’s accent — Employer insisting employees speak in English at work — Language used by employer — Whether language used brought employee into ridicule and contempt on grounds of race — Hostility — Whether language hurtful or offensive — Whether detrimental effect on employment — Employer treating employee differently to other employees — Employer not investigating formal complaint by employee — Whether matter already before Employment Relations Authority — Remedies — Declaration — Damages — Human Rights Act 1993, ss 63, 66, 79A, 92I(3), 92I(4), 92M(1)(c) and part 2 — International Convention on the Elimination of All Forms of Racial Discrimination 660 UNTS 195.
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Volume 20 Part 7 is now available online.
A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd (t/as Royal Cambridge Indian Restaurant) — (2023) 20 NZELR 480
Penalties — Purpose — Method of assessment — Relevant factors to consider — Sequence of assessing them — Proportionality check — Application of penalties and compensation — Minimum Wage Act 1983 — Holidays Act 2003 — Wages Protection Act 1983.
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Team Group Realty Ltd (t/as Harcourts Paremata) v Cardno — (2024) 20 NZELR 490
Interim injunction — Restraint of trade — Relational contracts — Legitimate interest to be protected — Public interest in maintaining consumer choice.
Serious question to be tried — Use of confidential information — Failure to comply with restraint — Protection of goodwill.
Balance of convenience — Damages not adequate where restraint enforceable — Strength of applicant’s case — Respondents knew risks.
Form of order — Modification of restraint — Claim against employee for Employment Relations Authority rather than injunction.
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Hu v Passion Fresh Ltd — (2024) 20 NZELR 515
Employment — Personal grievance — Notification to employer — Indirect notification — Employer must know what has to respond to — Service of statement of problem.
Employment — Joinder of controlling third party — Requirement for complaint against employer — Arguable case third party’s actions led to grievance — Notification — Employment Relations Act 2000, ss 103B, 114 and 115.
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Al-Bustanji v Corrections Association of New Zealand Inc — (2024) 20 NZELR 529
Judicial review — Interim injunction — Proposed disciplinary investigation by union of two members of national executive — Whether interim orders necessary to preserve position of two members pending substantive hearing — Union president interested party in complaint against members — Risk of bias or predetermination by other members — Communications from president of union to other members of national executive — Whether allegations constituting offence — Whether raising such allegations breach of union’s duty of good faith — Correct union rule to pursue complaint — Employment Relations Act 2000, ss 4 and 194 — Incorporated Societies Act 1908 — Judicial Review Procedure Act 2016, s 15.
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Osborne v Callaghan Innovation — (2024) 20 NZELR 545
Personal grievance — Unjustifiable dismissal — Challenge to dismissal of claim — Breach of good faith complained of post-employment.
Protected disclosure — Confidentiality — No evidence of communication — Act not guarantee confidentiality — No retaliatory action alleged — Protected Disclosures Act 2000, ss 3, 5, 6, 7, 8, 11, 17 and 18.
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Volume 20 Part 8 is now available online.
E tū Inc v Singh — (2024) 20 NZELR 554
Personal grievance — Unjustified dismissal — Unjustified disadvantage — Suspension — Harassment allegations — Union organiser — Rushed disciplinary process — Concern over media attention — Unclear reasons for dismissal — Employer putting aside and not investigating allegations of sexual harassment — Whether sexual harassment allegations taken into consideration in decision-making — Unclear as to identity of decision-maker — Lack of opportunity to respond — Compensation — Lost wages — Contribution — Employment Contracts Act 1991 — Employment Relations Act 2000 ss 103A 123(1)(c)(i) 124 128(2) and 128(3).
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Wiles v Vice-Chancellor of the University of Auckland — (2024) 20 NZELR 584
Education and training — Universities — Academic freedom — Relevance to employment relations with academic staff.
Employment relations — Personal grievances — Plaintiff employed by University as member of academic staff — Plaintiff engaged in high-profile medical and scientific commentary during COVID-19 pandemic — Plaintiff received email and social media threats, personal approaches, and “doxing” — Plaintiff sought intervention by University to protect her from such risks — University directed academic staff (including plaintiff) to limit public statements where necessary to protect with personal safety — Proper role of universities (and academics) as critic and conscience of society — Relationship between statutory good faith obligation and right to academic freedom — Right to academic freedom not engaged — Employment Relations Act 2000, ss 4, 4A and 103 — Education and Training Act 2020, ss 267 and 268.
Employment relations — Breach of employment agreement — University of Auckland Academic Staff Collective Agreement — Obligation upon University to be “good employer” — Requirements of “good employer” — Statutory good faith obligation — Obligation to comply with obligations under Health and Safety at Work Act 2015 — University delayed in engaging private security advice and implementing recommendations — University’s approach was insufficient and should have been quicker — University breached obligations — Employment Relations Act 2000, ss 4 and 4A — Health and Safety at Work Act 2015, ss 22 and 30.
Treaty of Waitangi — Te Tiriti obligations — University’s obligations can only be discharged through individual staff members — Obligations do not extend to individual staff members.
Employment relations — Remedies — Appropriate relief and relationship between them — Declarations of breach of contract — Declarations of breach of good faith — Compensation — Damages for breach of contract — General damages for breach of good faith — Penalties for breach of contract — Penalties for breach of good faith — Recommendations — Employment Relations Act 2000, ss 4A, 123, 135 and 136.
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Volume 20 Part 9 is now available online.
Television New Zealand Ltd v E tū Inc — (2024) 20 NZELR 629
Collective agreement — Compliance order — Interpretation of clause in agreement — Whether breach of clause by employer — Clause concerning workforce participation in organisational development — Restructure — Involvement of employees — Objective meaning of clause — Whether employer allowed to develop redundancy proposal without consultation with staff — Heightened obligations as Crown entity — Commercial considerations — Sensitive information — Whether compliance order should be made — Crown Entities Act 2004 — Employment Relations Act 2000, ss 4, 129, 137 and 140 — Television New Zealand Act 2003.
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Auckland One Rail Ltd v Rail and Maritime Transport Union — (2024) 20 NZELR 650
Strike — Strike notice — Interim injunction — Seeking to restrain strike — Compliance with Employment Relations Act 2000 — Alleged deficiencies in strike notice — Lack of clarity — Lack of end date in notice — “Event” — Whether withdrawal of strike in writing by union an “event” — Balance of convenience — Employment Relations Act 2000, ss 10, 83, 84, 86, 93, 93(2)(b), 93(2)(e) and 95AA — International Covenant on Economic, Social and Cultural Rights — International Labour Organisation Convention 98 on the Right to Organise and Bargain Collectively.
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Ward Demolition Ltd v WorkSafe New Zealand — (2024) 20 NZELR 667
WorkSafe — Stopwork Notices — Appeal — Reasonableness of decision to issue Notice — Whether appeal moot — On-going effect of Notice having been issued — Health and Safety at Work Act 2015, ss 3, 103, 107, 130, 132, 135, and 151.
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Carrington Resort Jade LP v Grant — (2024) 20 NZELR 681
Unjustified dismissal — Employment status — Permanent or casual employee — One days’ notice of termination provided to employee — Realities of employment arrangement — Three employment periods — No employment agreement provided for third period — Previous employment agreements asserting casual employment — No reason for dismissal provided — Allegations that employee fabricated timesheet — Trespass notice — Allegations that employee threatened employer — Whether earlier strike-out application by employer properly heard — Remedies — Compensation — Reimbursement of wages — Penalties — Employment Relations Act 2000, ss 4, 4A, 120, 123(1)(c), 124, 133A(a) and sch 2 cl 12A — Holidays Act 2003 — Wages Protection Act 1983, s 4.
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Volume 20 Part 10 is now available online.
Cunningham v HealthAlliance NZ Ltd — (2024) 20 NZELR 708
Costs — Disclosure of actual costs — Scale — Costs on costs.
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Pilgrim v The Overseeing Shepherd — (2024) 20 NZELR 711
Procedure — Special leave — Removal from Employment Relations Authority to Employment Court — Issues of law — Limitation — Court can deal with substantive claims — Employment Relations Act 2000, s 178.
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M v Q — (2024) 20 NZELR 718
Judgments — Online publication — Adverse effects of publication — Reasons to limit publication — Anonymisation of judgment — Restrictions on access to file — Non-court publication for complainant to address.
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MW v Spiga Ltd — (2024) 20 NZELR 723
Practice and procedure — Non-publication orders — Guideline judgment — Approach to follow in considering non-publication orders in employment context — Confidential settlement agreement — Whether non-publication order ought to have been made by Employment Relations Authority in respect of employee’s name — Principles relating to applications for non-publication orders — Erceg v Erceg [Publication restrictions] — Open justice — Right to freedom of expression — Privacy interests — Role of tikanga — Effect of publication — Social media platforms — Evidential standards — (INT) Employment Policy Convention 1964 (No 122) — Employment Relations Act 2000, ss 3(a), 149, 157, 184, 188(1), 189, 237B, parts 9, 10, sch 2 cl 10 and sch 3 cl 12 — High Court Rules 2016, r 9.51 — (INT) International Covenant on Economic, Social and Cultural Rights, art 6 — Legislation Act 2019, ss 10 and 11 — New Zealand Bill of Rights Act 1990, s 14 — Privacy Act 2020 — (INT) Universal Declaration of Human Rights, art 23.
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Volume 20 Part 11 is now available online.
Stellar Elements New Zealand Ltd v Amesbury — (2024) 20 NZELR 792
Unjustified dismissal — Redundancy — Interim reinstatement — Whether interim reinstatement order should have been made — Whether strongly arguable case that dismissal unjustified — Selection criteria — Redeployment — Insufficient information provided to employee — Predetermination — Availability of reinstatement — Whether permanent reinstatement practicable and reasonable — Balance of convenience — Overall justice — Employment Relations Act 2000, ss 3, 4, 4(1A), 103A, 125(2) and 127(2).
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Rasier Operations BV v E Tū Inc — (2024) 20 NZELR 813
Employment relationship — “Employee” — “Real nature of relationship” — Factors relevant to “real nature” in context of digital labour platforms — Drivers worked for Uber group — Primary judge concluded that drivers were “employees” of Uber group — Primary judge concluded correctly but erred in approach adopted — Appeal dismissed — Employment Relations Act 2000, s 6.
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Volume 20 Part 12 is now available online.
Cronin-Lampe v Minister of Education (in respect of the Ministry of Education) — (2024) 20 NZELR 874
Costs — Increased costs — Complex proceedings spanning 12 years — Plaintiffs successful in two substantive court judgments — Related costs for investigation meeting in Employment Relations Authority — Whether circumstances of case warranted uplift of amount fixed according to scale — Delay — Extent of costs actually incurred — Employer conduct in defending claims — Guideline scale — Relevance of actual costs incurred in uplift assessment — Correct category — Time allocations — Contested cost items — Accident Compensation Act 2001, s 133(5) — Employment Relations Act 2000, sch 3 cl 19 — Employment Court Regulations 2000, reg 68 — Health and Safety in Employment Act 1992.
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Putaanga v MOVe Freight Ltd — (2024) 20 NZELR 905
Personal grievances — 90-day period — Unjustified disadvantages — Workplace accident — Employer failing to ensure safety of employee — Alleged harassment by health and safety manager after workplace accident — Whether grievances raised within 90-day period — Letter by employee to employer 18 months after accident — Complaint in person to health and safety manager — Whether nature of complaint was personal grievance — Whether substance of complaint conveyed — Reasonable steps to make employer aware of personal grievance against health and safety manager — Whether delay caused by exceptional circumstances — Employment Relations Act 2000, ss 103, 114 and 115.
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Carrington Resort Jade LP v Roy — (2024) 20 NZELR 918
Employment — Challenge to determination — Unjustified dismissal — Unjustifiable disadvantage — Resignation — Employment Relations Act 2000, ss 122, 123, 130 and 132.
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Hall v Fire and Emergency New Zealand — (2024) 20 NZELR 927
Personal grievance — 90-day notification period — Whether personal grievance raised within 90-day period — Unjustified disadvantage — Employee stood down/suspended due to not having COVID-19 vaccination — Whether employee’s communications in various correspondence to employer amounted to raising grievance — Whether reasonable steps taken by employee to make employer aware of personal grievance — Collective grievances — Whether personal grievances must be raised individually rather than collectively — COVID-19 Public Health Response (Vaccinations) Order 2021 — COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 — Employment Relations Act 2000, ss 103A, 114 and 115.
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Practical Guidance: Family
Latest Legal Updates
Court of Appeal allows children to stay in New Zealand in Hague Convention case
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Estranged daughter receives $372,000 after Family Protection Act claim from mother’s estate
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Single gay man who entered into illegal surrogacy arrangements in Thailand allowed to adopt son by Family Court
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New Zealand Family Law Reports
Volume 2024 Part 1 is now available online.
Christiansen v Jackson (as the executor of the estate of the late Dodd) — [2024] NZFLR 30
Family protection — De facto partner — Deceased not providing for partner in will — Breach of moral duty — Property agreement — Contracting-out agreement — Partner leaving estate to son — Intention of parties — Reconsideration of will by partner with no changes made — Proper maintenance and support — Adequate provision from will — Property (Relationships) Act 1976, s 21 — Family Protection Act 1955, ss 3 and 4.
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Volume 2024 Part 2 is now available online.
Denning v Roberts — [2024] NZFLR 47
Welfare and best interests — Guardianship — Costs — Submissions-only hearing — Leave to appeal — Care of Children Act 2004, ss 4, 5, 6, 7, 46R, 143(2) and 416 — Family Court Rules 2002, r 416ZG.
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LDS v MFG — [2024] NZFLR 62
Relationship property — Joinder — Seeking to join Trust as third party to proceedings — Whether third party should be affected by relationship property claim — Dwelling house relationship property — Dwellinghouse on land owned by Trust — Whether land relationship property — Whether dwellinghouse fixture to land — Part of land — Whether equitable interest in land admitted — Family Court Rules 2002, r 133(1)(b) — Family Proceedings Act 1980 — High Court Rules 2016, rr 20.4 and 20.5 — Property (Relationships) Act 1976, ss 2, 8(1), 37 and 44C.
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Prakash v Gupta — [2024] NZFLR 72
Relationship property — Clean break principle — Family home — Future rental income — Occupation rent — Past rental income — Post-separation personal debts — Postponement of vesting — Relationship debt — Relationship property — Undue hardship — District Court Act 2016, s 127 — New Zealand Bill of Rights Act 1990 — Property (Relationships) Act 1976, ss 1N(d), 2G, 15, 18B, 18C, 26A(2) and 39(3).
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Olsen v Durrant — [2024] NZFLR 85
Family violence — Final protection order — Special condition relating to travel to or through Whangārei — Father’s movements restricted when visiting sister Whangārei — Whether Court failed to take into account relevant facts — No findings of violence in New Zealand — Lengthy period of no violence — No contact between parties — Care of Children Act 2004 — Family Violence Act 2018, ss 103 and 103(1)(a).
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Sobion v Embassy of Switzerland — [2024] NZFLR 94
Adoption — Declaratory order — Adoption — Recognition of foreign adoption order — Dispensing with service — Adoption Act 1955, s 17 — Declaratory Judgments Act 1908, s 5 — High Court Rules 2016, r 18.7.
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Yue v Zhou — [2024] NZFLR 97
Leave to appeal — Second appeal — Relationship property — Classification of family home — Property (Relationships) Act 1976, ss 2, 11 and 39B — Senior Courts Act 2016, s 60.
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Darvish v Cheng — [2024] NZFLR 101
Marriage void ab initio — Bigamy — Crimes Act 1961 s 205 — Family Proceedings Act 1980, ss 29, 30, 31 and 31(1)(a)(i).
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Volume 2024 Part 3 is now available online.
Kemp v Kemp-Upton — [2024] NZFLR 106
Relationship property — Separation agreement — Trust — Liabilities — Summary judgment — Agreement not expressly providing for division of Trust liabilities — Whether equal sharing of liabilities — Whether implied term in agreement — Husband paying over half liabilities — Seeking payment from wife — Wife applying for summary judgment — Whether agreement void for uncertainty — Whether husband’s claim able to succeed — Extrinsic evidence — Admissibility of file note — District Court Rules 2014, r 12.2(2) — Evidence Act 2006, ss 7, 8 and 57 — Property (Relationships) Act 1976, ss 21 and 21F.
Evidence — Admissibility — Extrinsic evidence — Admissibility of file note by parties’ legal advisor — Whether privileged — Whether relevant to Court’s inquiry — Need for independent advice — Evidence Act 200,6 ss 7, 8 and 57.
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Farrier v Saad — [2024] NZFLR 122
Lay advocate — Lay representative — McKenzie friend — Third party — Family Court — No jurisdiction — Standing — Care of Children Act 2004 — Child Support Act 1991 ss 89ZE and 238 — District Court Act 2016, s 107 — Family Court Act 1980, s 16 — Family Court Rules 2002, rr 5, 6, 8, 13, 14, 15 and 16 — Family Proceedings Act 1980, ss 155 and 157 — Lawyers and Conveyancers Act 2006, ss 21, 22, 24, 26 and 27 — Oranga Tamariki Act 1989, ss 163 and 164.
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Newsroom NZ Ltd v Solicitor-General — [2024] NZFLR 130
Proceedings — Report of proceedings — Identifying information — Appreciable risk — Whether video and online articles amounted to report of proceedings — Whether video and online articles contained identifying information as defined in s 11C of Family Court Act 1980 — Care of Children Act 2004, ss 2, 137, 137(4)(d), 139 and 152 — Care of Children Amendment Act 2008, s 17 — Children and Young Persons Act 1974 — Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017, s 14 — Family Court Act 1980, ss 1, 4, 4A(1), 11B, 11B(3), 11B(5), 11B(6), 11C and 11D — Family Courts Amendment Act 2008, s 7 — Guardianship Act 1968, ss 27A and 27A(4) — Guardianship Amendment Act 1980, s 14 — New Zealand Bill of Rights Act 1990, s 14 — Ombudsmen Act 1975, sch 1 — Oranga Tamariki Act 1989, ss 4A(1), 5, 7AA, 101, 101(1)(a), 110, 128, 129, 130, 134, 135 and 178.
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Emmerson v Logan — [2024] NZFLR 162
Relationship property — Compensation — Extraordinary circumstances — Occupation rent — Post-separation contribution — Unequal sharing — Property (Relationships) Act 1976, ss 1N, 13, 18B and 26.
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Rossi v Rossi — [2024] NZFLR 178
Habitual residence — Overseas abduction of child — Settled purpose — Return of child — Appeal — (INT) Hague Convention on the Civil Aspects of International Child Abduction 1980, art 3 — High Court Rules 2016, r 20.16.
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Groves v Ashworth — [2024] NZFLR 186
Child support — Maintenance order — Confirmation of overseas maintenance order — UK court making provisional maintenance order — Application to confirm order in New Zealand — Mother living in UK with child — Father’s ability to pay — Father unable to see child — Previous money spent on contact — Whether account taken of previous payments made for maintenance — Family Proceedings Act 1980.
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R v BH — [2024] NZFLR 194
Young person — Remand in custody — Remand in custody — Detention — Secure facility — Young person — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 8A, 9, 10, 13, 23, 24 and 25 — Crimes Act 1961, s 267(2)(a) — Oranga Tamariki Act 1989, ss 4A, 238(1)(d) and 364 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, s 9 — New Zealand Bill of Rights Act 1990, ss 9 and 23.
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The Property Development title has been updated.
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Hinde McMorland & Sim Land Law in New Zealand
Service 96 is now available online.
This service includes updates to chapters on Title by registration, The Land Transfer System, Capacity to Own and to Deal with Land, Concurrent Interests in Land, Unit Titles and Cross-Leases, and The Extent of the Landholder’s Rights.
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Practical Guidance: Property
Latest Legal Updates
Landlord fined for spying on tenant
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Residential Tenancies Amendment Bill passes third reading
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New Zealand Conveyancing and Property Reports
Volume 25 Part 3 is now available online.
Compound Group Ltd v I’Anson — (2024) 25 NZCPR 171
Caveats — Application to sustain caveat — Caveatable interest — Building contract — Purchaser failing to pay amount due — Building contract conferring right to demand mortgage — Whether contract creating equitable mortgage absent demand — Whether demand condition of right to registerable mortgage.
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PH Trustee Ltd v HJ — (2024) 25 NZCPR 183
Trusts and trustees — Mortgage over trust property — Appointment of receiver — Court’s inherent jurisdiction to appoint receiver — Default notice from bank — Trustees unable to meet mortgage repayments — Receiverships Act 1993, s 14(2) — Trusts Act 2019, s 138.
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Lynch v FCL CL Ltd (as trustee of the FCL CL Trust) — (2024) 25 NZCPR 190
Caveats — Caveatable interest — Application to sustain — No-caveat clause — Sale and purchase agreement — Residential units being constructed — Vendor exhausting funding facility — COVID-19 — Construction delays and global shortages — Vendor purporting to cancel agreements under force majeure clause — Whether lodging caveat breached no-caveat clause — Whether right of cancellation for breach of agreement — Court’s discretion — Land Transfer Act 2017, s 143.
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Moore v Māori Land Court — (2024) 25 NZCPR 208
Māori land — Partition order — Correction of mistake in partition order — Application to have list of owners amended to include tupuna/descendants — Tupuna/descendants omitted from list of beneficiaries — Whether Judge’s comments to pursue application amounted to officially induced error — Whether mistake in presentation of facts that Māori Land Court order based on — Legislative history — Unlawful occupation of land — Crown Grants Act 1883, s 21 — Crown Grants Act 1908 s 12 — Māori Affairs Act 1953, s 176 — Native Lands Act 1865 — Native Lands Act 1909, s 25 — Te Ture Whenua Māori (Māori Land) Act 1993, ss 17, 44 and 45.
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NIK Consultants (NZ) Ltd v Graves — (2024) 25 NZCPR 219
Cross-lease — Division of property — Conjoined properties — Partition of property into two freehold titles — Summary judgment application — One owner seeking to demolish own dwelling and rebuild stand-alone dwelling — Whether appropriate for division of property order to be made by summary judgment — Whether agreement in principle already reached between owners — Half share in property — Nature and location of property — Complexities of property — Hardship to other owner — Lack of architectural plans for new dwelling — Impact of division — High Court Rules 2016, r 12.2(1) — Property Law Act 2007, ss 339, 340, 342 and 343.
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Gray v Fox — (2024) 25 NZCPR 237
Caveats — Application to sustain — Caveatable interest — Sale and purchase agreement — Subdivision of land — Subdivision not completed by due date — Proceedings for specific performance commenced — Whether reasonably arguable that purchaser had interest in land sufficient to support caveat — “Land” incorrectly defined in agreement — Defective caveat wording — Land Transfer Act 2017, s 138 — Land Transfer Regulations 2018, regs 5(1), 5(2) and sch 2.
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Volume 25 Part 4 is now available online.
5-9 The Rise Ltd v Rental Space Ltd — (2024) 25 NZCPR 247
Sale of land — Repudiation — Purported waiver of finance condition by purchaser — Ability of purchaser to unilaterally waive finance condition — Vendor finance clause — Whether vendor approval part of finance condition — No approval given by vendor — Whether wrongful repudiation by purchaser — Whether finance condition for sole benefit of purchaser — Severability of finance clause — Rectification — Cancellation of agreement — Summary judgment — Contract and Commercial Law Act 2017, s 43 — High Court Rules 2016, r 12.2(1).
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Dixon v Takapuna Residence Development Ltd — (2024) 25 NZCPR 272
Sale of land — Vendor’s warranty — Vendor’s registration under Goods and Services Tax Act 1985 — Vendor warranted to purchaser it was not GST registered — Vendor was GST registered — Loss of GST input credits by purchaser in respect of deposits — Deposits paid by parent company prior to nominating subsidiary as purchaser — Whether vendor liable for GST input credits on deposits paid by parent company and not by nominated purchaser — Legal owner of goods — Transaction single supply to purchaser — Tax calculated on value of supply irrespective of consideration — Goods and Services Tax Act 1985, ss 3A(1), 8(1), 11(1)(mb), 20, 20(3), 20(3C), 60B, and 60B(6).
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Hojsgaard v Registrar-General of Land — (2024) 25 NZCPR 281
Land Transfer Act 2017 — Compensation — Cadastral survey — Error in accuracy of cadastral survey of Māori freehold land — Error affecting applicant’s property — Property deprived of status as waterfront — Loss of potential sale of property — Whether error wrongful act or omission of Registrar — Whether failure or malfunction of system — Cadastral Survey Act 2002 — Land Transfer Act 1952 — Land Transfer Act 2017, ss 9 and 58 — Te Ture Whenua Māori Act 1993, ss 123, 124 and part 5.
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Martelli v Liow — (2024) 25 NZCPR 289
Cross-leases — Consent to alterations — Whether consent unreasonably withheld — Substantial benefits of consent versus trifling detriments — Consideration of Smallfield v Brown approach — Whether consent unreasonably withheld only where benefit substantial and detriment only trifling — Arbitration Act 1996, sch 2 cl 5(4)(b).
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Madhava Corporation Ltd v Austin — (2024) 25 NZCPR 313
Sale of land — Cancellation — Sale and purchase agreement conditional upon building report — Purchasers cancelling agreement after receiving building report — Whether cancellation was valid — Whether defects in report meant report not satisfactory to purchasers “on a reasonable and fair basis” — Whether matters of concern to reasonable and fair-minded purchaser — Vendor claiming breach of contract.
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Volume 25 Part 5 is now available online.
Ibuy Property Ltd v He — (2024) 25 NZCPR 324
Sale of land — Possession — Property sold pursuant to court sale order — Pre-existing unregistered lease — Whether lease sham — Intention — Whether property acquired through fraud — Purchaser’s knowledge of existing lease — Property sold subject to existing tenancies — Whether property acquired free of any interest — Whether lease enforceable against purchaser through in personam jurisdiction — Summary judgment — Contract and Commercial Law Act 2017, ss 11, 12, 13 and 17 — High Court Rules 2016, rr 12.2, 17.74, 17.79(3) and part 17 sub-part 6 — Land Transfer Act 2017, ss 6, 51 and 52.
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Sam Pemberton Civil Ltd v Robertson — (2024) 25 NZCPR 349
Building Contract — Construction Contracts Act 2002 — Adjudicators determination under Construction Contracts Act 2002 (CCA) — Availability of judicial review — Limitation period — Costs in claim under CCA — Whether liquidated damages claim time barred — More than six years since completion of project — “Date of the act or omission” — Whether adjudicators failing to apply correct threshold for costs claim — Whether adjudicator erred in law or acted unreasonably or unfairly — Construction Contracts Act 2002, ss 6 and 57 — Limitation Act 2010, s 11 — Limitation Act 1950.
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Whai Rawa Railway Lands LP v Body Corporate 201036 — (2024) 25 NZCPR 373
Unit titles — Dispute resolution — Ground lease — Rental clause — Jurisdiction of High Court and Tenancy Tribunal to set aside or vary ground rental clause as being harsh or unconscionable — Legislative context — Inherent or common law power — High Court Rules 2016, r 15.1(1) — Residential Tenancies Act 1986, ss 25, 67, 77, 77(2)(d), 78, 78(1)(f), parts 2 and 3 — Unit Titles Act 2010, ss 3, 4(1)(h), 5, 16, 18, 22, 165, 171, 171(1), 171(2), 172, 173, 173(1), 174, 175, 176, parts 3 and 4.
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Volume 25 Part 6 is now available online.
Boon v Estate of Tuwhangai — (2024) 25 NZCPR 396
Māori land — Division — Survivorship — Joint ownership of shares in Māori freehold land — Transmission of shares by survivorship to joint tenant — Whether order by Māori Land Court vesting shares as joint tenancy mistake or error — Mistake in presentation of facts to Māori Land Court — Whether order should have been as tenants in common — Whether shares should pass to deceased’s estate instead of joint tenant — Right of appeal from orders of Māori Appellate Court to Court of Appeal — Māori Affairs Act 1953, ss 225, 307, 310, 314, 457, parts 19 and 23 — Te Ture Whenua Māori Act 1993, ss 4, 18(1)(a), 44, 45, 49, 56(1), 58, 58A and 77.
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Thornley v Ford (as trustees of the Footbridge Family Trust) — (2024) 25 NZCPR 422
Land Transfer Act 2017 — Indefeasibility — Misdescription of easement — Historical nature and purpose of exception — Modern relevance where instrument describing easement correctly could have been registered but was not — Exception inapplicable in such circumstances — Land Transfer Act 1870, s 46 — Land Transfer Act 1952, s 62(b).
Land transfer — Indefeasibility — In personam claim against registered owner — Registered legal easement granted right to convey water — Actual position of pipes differed from that recorded in registered legal easement — Equitable easement arose against register owner to that extent — Registered owner transferred land to independent trustees of his family trust — Independent trustees retired and replaced with former registered owner and his wife — Land re-transferred to former registered owner thereafter — Equity operated upon conscience of former registered owner notwithstanding intervening period in which independent trustees could have exercised right to be free of equitable easement but did not do so — Equitable easement within in person exception — Land Transfer Act 1952, ss 62 and 182 — Land Transfer Act 2017, s 51.
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Beatson (as trustees of the Waiaruhe Trust) v Property Brokers Ltd — (2024) 25 NZCPR 462
Real estate agents — Commission — Entitlement to commission — Instrumentality — Requirement to provide appraisal to client — Whether term implied into agreement — Strict necessity threshold — Whether renewal of agreement made it new agreement — Material difference — Illegal contract — Jurisdiction — Indemnity costs — Contracts and Commercial Law Act 2017, ss 37, 41, 71, 72 and part 2 sub-part 5 — District Courts Act 2016, ss 74 and 82 — District Court Rules 2014, r 14.6(4)(e) — High Court Rules 2016, r 20.18 — Interest on Money Claims Act 2016, ss 19, 22 and 23 — Real Estate Agents Act 2008, ss 14, 126 and 156 — Real Estate Agents Act (Professional Conduct and Client Care Rules) 2012, rr 10.2 and 10.6.
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New Zealand Resource Management Appeals
Volume 2024 Part 10 is now available online.
Page v Greater Wellington Regional Council — [2024] NZRMA 432
Criminal law — Appeal against convictions — Unlawful activities undertaken in relation to alleged wetlands — “Wetland” — Method used to prove existence of natural wetland to criminal standard — Lack of proof of ecosystem of animals adapted to wet conditions — Need to reference hydrology and soils as well as vegetation — Absence of any expert evidence at trial — Miscarriage of justice — Criminal Procedure Act 2011, ss 232(2), 236 and 240 — Resource Management Act 1991, ss 2 and 339(5) — Sentencing Act 2002, s 30.
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Kāpiti Coast District Council v Waikanae Land Company Ltd — [2024] NZRMA 466
District plan — Plan change — Intensification instrument — Incorporation of density standards — Intensification instrument listing subject land as wāhi tapu in district plan — Whether listing of subject land “consequential on” density standards — Whether council empowered to list subject land as wāhi tapu in intensification instrument — Scope of intensification instrument — “Consequential” — Ability to develop land — Resource Management Act 1991, ss 5, 6, 32, 73(1A), 77G, 77H, 77I, 77J, 77L, 80D, 80E, 80F, 80G, 86B(3)(d), 269(1), 299, sub-part 5A, sch 1, part 6 and sch 3A cl 6 — Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.
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Immigration and Protection Law Reissue 1
Updated and new content for the first reissue of the “Immigration and Protection Law” tile is now available online, ahead of its completion in full. In addition to content already published and written by Judge Martin Treadwell, Debra Smallholme, and Sharelle Aitchison, the title is now featuring a completely new Part on Deportation, written by Annabel Clayton and Bridget Dingle.
Included in the coverage of Deportation are the following topics, starting with an overview of the statutory framework (Ch 29), followed by liability for deportation and liability notices (Chs 30 and 31), cancellation or suspension of deportation liability (Ch 32), deportation orders (Ch 33), and appeals against liability for deportation (Ch 34).
Content for the remainder of the reissued title is currently in development and will be published in as it becomes ready for release, until the title has been completed in full, at which point it will also be published in hard copy format.
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Service 113 (updated to 30 August 2024) is now available online.
Service 113 features significant updates to:
- the "Environment" title as a result of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 which came into force on 1 July 2024;
- the "Information" title, as a result of the Digital Identity Services Trust Framework Act, which came into force on 1 July 2024;
- the “Recreation and Entertainment” title, as a result of the Integrity Sport and Recreation Act 2023, which came into force on 1 July 2024.
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Practical Guidance: Practice Compliance
The Anti-money laundering topic has been reviewed and updated.
Latest Legal Updates
New Zealand Law Society’s annual report available
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New Zealanders made over 1000 privacy complaints last year
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Practical Guidance: Social Justice
Latest Legal Updates
Landlord fined for spying on tenants
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Labour supply company penalised $100,000 for underpaying vulnerable workers
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Susan Barker, Steven Moe, Mihiarangi Piripi & Tai Ahu
RRP*incl GST: $150.00
ISBN: 9781988598123 (book)
ISBN: 9781988598130 (eBook)
Publication date: December 2024
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Andru Isac (editor)
RRP*incl GST: $149.99
ISBN: 9781988598901 (book)
Publication date: December 2024
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RRP*incl GST: $70.00
ISBN: 9781991015235 (book)
Publication date: January 2025
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This is a two-volume set.
RRP*incl GST: $160.00
ISBN: 9781991015211 (book)
Publication date: February 2025
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Jason Goodall KC
RRP*incl GST: $220.00
ISBN: 9781988598918 (book)
Publication date: November 2024
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Wills, Probate, and Succession
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John Earles, Greg Kelly, Chris Kelly, & Kevin Lenahan
RRP*incl GST: $450.00
ISBN: 9781988598949 (book)
Publication date: December 2024
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