Publications

2022

Supreme Court clarifies limits on right to terminate a contract for non-fulfilment of condition In Melco Property Holdings (NZ) 2012 Ltd v Anthony John Hall(1) the Supreme Court unanimously decided that, where a party has materially contributed to the non-fulfilment...

Court rules on legality of vaccine mandate order In Yardley v Minister of Workplace Relations and Safety,(1) the High Court ruled against the legality of a vaccine mandate order (the order) made under the Covid-19 Publi...

Review of dishonest assistance and knowing receipt in New Zealand The torts of dishonest assistance and knowing receipt have long been recognised in the New Zealand courts. The New Zealand courts tend to apply the English authorities on...

2021

NZ Court of Appeal examines requirements for tort of invasion of privacy A recent Court of Appeal decision has signalled significant shifts in the development of the tort of invasion of privacy in New Zealand.(1) The Court of Appeal held that...

Too hot to handle: NZ Court of Appeal strikes out first attempt to use tort law to combat climate change In Smith v Fonterra Co-operative Group Limited,(1) the NZ Court of Appeal struck out a claim which sought private law relief against seven companies alleged to be contrib...

Class actions and litigation funding in New Zealand The NZ Law Commission is continuing its review of class actions and litigation funding, with a view to making recommendations around the introduction of regulations to th...

New Zealand High Court confirms trustee's right of indemnity extends to former trustee in liquidation Administering a trust can be expensive. Trustees expect to be able to pay or reimburse themselves for such expenses with trust funds and their right of indemnity against...

Must trustees disclose legal advice to beneficiaries? NZ Supreme Court provides an answer Trusts are commonplace in New Zealand. On 30 January 2021, the new Trusts Act 2019 (the Act) came into force. Its aim is to "restate and reform New Zealand trust law".(1)

Steel & Tube decision: Court of Appeal rules on sentencing and determining company's state of mind Steel & Tube, a major NZ steel producer, has pleaded guilty to 24 representative charges under the Fair Trading Act 1986 for false representations relating to seismic gra...