Alternative dispute resolution ordinarily requires the consent of the parties.  In trust disputes, however, under s 145 of the Trusts Act 2019 a trustee or beneficiary may ask the High Court to order that parties participate in an ADR process.  In other words, the Court can order an unwilling party to attend mediation.  

On 30 August 2020 Pala’amo Kalati was killed while working as a lasher at the Ports of Auckland.  Mr Kalati was crushed by a falling shipping container while working within an exclusion zone near an operating crane - a practice prohibited under Ports of Auckland Limited’s (POAL) safety policies.  Anthony Michael Gibson was the CEO of POAL from 2011 to 2021.  Maritime New Zealand (MNZ) brought charges against Mr Gibson for failing to fulfil his duties under the Health and Safety at Work Act 2015 (HSWA).  MNZ successfully argued that Mr Gibson did not exercise due diligence to ensure POAL complied with its health and safety obligations.

This year we were delighted to host our Casino Royale themed Client Function at The Brit in Britomart. It was a great night to catch up with our community (and do a bit of Vegas style gaming while we were at it!)

Recently, the Court of Appeal delivered its judgment in an appeal brought by the owner of a group of industrial commercial buildings damaged in the Canterbury earthquakes.    

The Overseas Investment Act 2005 regulates who can own “sensitive land” in New Zealand.  If an “overseas person” wishes to purchase “sensitive land”, they must first seek the consent of the Overseas Investment Office (OIO).  This imposes strict requirements on those advising clients wishing to purchase residential property.

It is now settled law that tikanga forms part of the common law in New Zealand.  Following the Supreme Court decision in Ellis v R (Continuance)[1], the use of tikanga has gained momentum in most areas of the law, however, its application is still largely uncertain.  With the fast pace of this development, we consider whether the judicial system, and litigation lawyers in particular, are keeping pace.

The jurisdiction of the IFSO and FSCL increases to half a million dollars this week, despite the schemes having no obligation to apply the law.  Melissa Bell and Shikha Kishun briefly review the change and the impacts.

This week marks the commencement of the new Natural Hazards Insurance Act (NHI Act).  Residential property insurers, who have been busy updating policy wordings and setting up new systems and procedures required by the Act, may take a quick pause for a breath now that the commencement date has arrived! 

A recent High Court decision (Paton v Acropolis Holdings Ltd & ors [2024] NZHC 43) helpfully reviewed, and shed light on, the factors a court will consider when reviewing a trustee’s decision-making under the Trusts Act 2019. Fee Langstone acted for the trustees.

Insurer uncertainty about the new Government’s prioritisation of insurance law reform came to an end recently following the introduction of not one, but two, Bills into Parliament. The Insurance Contracts Bill, a member’s Bill, was drawn at the end of March, while the Government’s Contracts of Insurance Bill received its first reading in early May. We focus on the provisions in the Government Bill in this article.

Former Port of Auckland CEO Tony Gibson is on trial in the Auckland District Court following the death of a stevedore at the Port in August 2020. Mr Gibson is facing two charges, laid by Maritime New Zealand, under sections 48 and 49 of the Health and Safety at Work Act 2015. These charges concern alleged failures to comply with a duty that exposes an individual to the risk of death, serious injury, or serious illness (section 48), and failing to comply with a duty under the Act (section 49).

Inlet Storage Limited v United Movers Limited [2024] NZDC 6928

This case involved consideration of the provisions of the Property Law Act which exonerate tenants from liability for fire at leased premises where the landlord is insured.  The District Court took a stronger line than has been the case in previous judgments, saying that the exoneration provisions apply to bar claims for all losses that might otherwise be sued for.   Pauline Davies and Dayna Vautier acted for the successful defendant.

The New Zealand Institute of Chartered Accountants (NZICA) has recently issued a revised set of Rules pursuant to the New Zealand Institute of Chartered Accountants Act 1996.  The new Rules replace the 4 December 2020 version and became effective on 11 March 2024.  They contain a number of amendments, including providing for accounting firms, partnerships and other practice entities to be members of NZICA

In a recent High Court decision, CBL Corporation Ltd (CBLC) and four of its former directors – Sir John Wells (chairman of the board of directors), Tony Hannon, Paul Donaldson, and Ian Marsh (each of whom were independent non-executive directors) – were ordered to pay pecuniary penalties relating to the making of false and misleading statements and for continuous disclosure breaches under the Financial Markets Conduct Act 2013 (Act).  The defendants had previously made admissions of liability in relation to contraventions of the Act in a settlement agreement entered into with the FMA in May 2023, so the focus of the hearing was on the level of the imposed penalties.

It is not often that a person is sentenced to prison for breaching the Resource Management Act.  It is even more infrequent that such convictions are overturned on appeal.  Just such a case occurred last week.  For those accustomed to representing defendants in this prosecutor-friendly jurisdiction, this case presents a rare and satisfying win for the defendants.

In 2017, Ron Salter, and his waste fuel collection business, Salters Cartage Ltd, were convicted for a series of breaches of the Health and Safety in Employment Act 1992 and the Hazardous Substances and New Organisms Act 1996.  

We are delighted to share that our Special Counsel Andrew Durrant has been recognised as a Rising Star in the list of NZ Lawyer’s Top Young Lawyers for 2024.  The list recognises rising stars in the legal profession across all of New Zealand and all practice areas.  He is one of only 56 rising stars that have been recognised.  Andrew joined us as a graduate in 2011 and has become an integral part of our team.  He is an accomplished insurance lawyer capable of handling complex construction and indemnity claims with a keen awareness of commercial realities.  Congratulations Andrew, well deserved!

In a recent significant ruling by the Lawyers and Conveyancers Disciplinary Tribunal, the legal profession was given a stern reminder of the paramount importance of managing client conflicts.

The Supreme Court has handed down a significant decision to allow novel climate change claims to proceed. We briefly summarise its conclusions, and identify several challenging issues for insurers and their clients posed by the decision.