WorkSafe New Zealand v RH & Jury Trust: A Landmark Decision on Trustee Liability under the Health and Safety at Work Act

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WorkSafe New Zealand v RH & Jury Trust: A Landmark Decision on Trustee Liability under the Health and Safety at Work Act

In a pivotal decision that could reshape the enforcement landscape of health and safety legislation in New Zealand, the High Court has provided clarification on the liability of trusts and trustees with respect to the Health and Safety at Work Act 2015 (HSWA). This case, arising from a tragic fatal accident where a child’s clothing became entangled in machinery on a dairy farm owned by the RH & Jury Trust, has brought to the fore the legal interpretation of "person" under the HSWA.

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Legal 500 Asia Pacific Rankings 2024

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Legal 500 Asia Pacific Rankings 2024

We are delighted to be ranked once more as a Top Tier Firm for Insurance in the Legal 500 Asia Pacific 2024 guide, and a recommended firm for Dispute Resolution. A total of 8 of our lawyers are mentioned by name in the commentary for their standout contributions. Philippa Fee and Craig Langstone are members of the Hall of Fame, Cecily Brick and Pauline Davies are Leading Individuals, Virginia Wethey is ranked as a Next Generation Partner and Brad Alcorn a Rising Star. Matthew Atkinson and Russell Stewart are recommended lawyers. Thank you to all our clients who provided feedback and recommendations.

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Leisure Investments NZ Ltd Partnership v Grace [2023] NZCA 89

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Leisure Investments NZ Ltd Partnership v Grace [2023] NZCA 89

Earlier this year, the Court of Appeal upheld a High Court decision finding the owners of the Christchurch Adventure Park liable for losses caused to neighbouring property owners whose homes were damaged by the spread of fire from the Park.  The case concerned the (un)reasonableness of the Park not removing burning chairs from a chairlift, amidst dangers from approaching flames.  The Court’s endorsement of the assessment of damages based on reinstatement cost for plaintiffs who would not be reinstating indicates a more flexible approach to assessment of damages than many would have expected.

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Five quick-fire questions with Shikha Kishun, Regulatory Team

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Five quick-fire questions with Shikha Kishun, Regulatory Team

We’re excited to further strengthen our regulatory team with the arrival of Shikha Kishun. Shikha brings a wealth of experience in the regulatory space, having worked with a range of business and senior leaders on various risk and compliance matters including Fair Insurance Code compliance, privacy and confidentiality, risk, incident and complaints management, regulatory and compliance obligations. She has also acted as Deputy Privacy Officer in her previous role. We put Shikha straight under the spotlight to ask her five 'quick fire’ questions about all things regulatory.

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Regulatory changes to Health and Safety on Ports

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Regulatory changes to Health and Safety on Ports

The Government has recently confirmed changes to the oversight of port safety, with the expansion of Maritime New Zealand’s role beyond regulation at sea to become the designated regulator of on-land port operations.  The intention is to ensure a more uniform standard for port workers’ health and safety.  But is it necessary?  And does this mean that Maritime New Zealand will become the regulator for inland ports as well?

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Contractual obligations not covered under a liability policy: Fletcher v Chubb & BHSI

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Contractual obligations not covered under a liability policy: Fletcher v Chubb & BHSI

The Fletcher Construction Company Ltd v Chubb & BHSI [2023] NZHC 943

The New Zealand High Court recently looked at whether a third-party liability policy provided any cover to a head contractor for its liability to the principal under an indemnity clause in the  construction contract. This decision provides helpful guidance on the applicable legal principles.

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Get to know Niamh

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Get to know Niamh

Niamh Leuthart completed her Bachelor of Laws and Bachelor of Arts (Politics) at the University of Otago in December 2022. She completed the last 6 months of her degree in Ireland at the University College of Dublin. Niamh is soon to be admitted to the New Zealand High Court in 2023.

Prior to joining Fee Langstone in February 2023, Niamh gained broad litigation experience as a Law Clerk at a specialist private client firm. There, Niamh assisted on complex disputes within the Trust and Estates Team and was involved in preparing matters for the Family Court. She looks forward to working on a range of commercial litigation matters with Fee Langstone.

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Get to know Jono

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Get to know Jono

Jono Raymond recently completed a Bachelor of Laws and Commerce, majoring in Economics from the University of Otago.  Jono is originally from Christchurch but has moved up to Auckland to start his professional career with Fee Langstone as a Graduate.  Jono will be admitted to the New Zealand High Court in 2023. Outside of the office, Jono loves playing golf and socialising with friends and family.

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The scope of ‘Design and Construct’ Professional Indemnity Cover

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The scope of ‘Design and Construct’ Professional Indemnity Cover

FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Ltd [2022] FCA 862

Head contractors will often assume contractual responsibility for both design and construction of a development.  This remains their contractual responsibility, even if they engage consultants or subcontractors to carry out the design on their behalf. 

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Life insurance: can a death benefit cover terminal illness if medical treatment provides a cure?

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Life insurance: can a death benefit cover terminal illness if medical treatment provides a cure?

Catherwood v Asteron Life Ltd [2022] NZHC 3296

The High Court has recently denied Mr Catherwood’s claim for breach of a life insurance policy for terminal illness.  The Court addressed the issue of whether the definition of “terminal illness” and “terminally ill” in the policy intended to take into account the effect of available medical treatment on a person’s life expectancy.  The Court held that Asteron Life Limited (Asteron) had not breached the terms of the contract of insurance by denying the terminal illness extension of the life policy, when Mr Catherwood had treatment available to him that meant he was not going to die.

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When does time run on a contribution claim?

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When does time run on a contribution claim?

Beca Carter Hollings & Ferner Limited v Wellington City Council [2022] NZCA 624

The Court of Appeal has recently upheld a High Court decision that the Building Act 10-year longstop does not apply to contribution claims against third parties. Contribution claims are instead governed by s 34 of the Limitation Act 2010. This means that time does not begin to run on contribution claims until settlement or judgment occurs.  Insurers of third parties, such as professionals or construction entities, remain potentially ‘on the hook’ for much longer than previously thought.   

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