2009
Who Is the Master? Court of Appeal Rules on Duty to Report Accidents (published on 18 November 2009) Section 31 of the Maritime Transport Act 1994 provides that the master of a ship must notify Maritime New Zealand, the national maritime safety authority, as soon as is p...
High Court's reminder: remedies for judicial review claims are discretionary (published on 27 October 2009) In Right to Life New Zealand Inc v The Abortion Supervisory Committee (No 2)(1) the High Court refused to grant declaratory relief to a judicial review claimant despite h...
Supreme Court clarifies Commerce Commission's information-gathering powers (published on 20 October 2009) The Supreme Court has recently clarified the circumstances in which New Zealand's competition regulator, the Commerce Commission, can exercise its information-gatheri...
Email Chains: Discovery Obligations (published on 1 September 2009) In Todd Pohokura Ltd v Shell Exploration NZ Ltd(1) the High Court considered the discovery obligations of parties to litigation with regard to the correct treatment of em...
Email Chains: Discovery Obligations (published on 1 September 2009) In Todd Pohokura Ltd v Shell Exploration NZ Ltd(1) the High Court considered the discovery obligations of parties to litigation with regard to the correct treatment of em...
Security Interests in Ships (published on 26 August 2009) Purchasers and mortgagees of ships in New Zealand should be aware that New Zealand has two registers in which security interests over ships can be registered: one under t...
Is Master's Outrageous Conduct an Act in the Navigation and Management of a Ship? (published on 1 July 2009) On April 9 2009 the Court of Appeal decided, by a majority, that a master's "outrageous conduct" did not come within the carrier's exception of liability under Ar...
High Court Allows Service of Proceedings on Facebook (published on 19 May 2009) On March 16 2009 the High Court ruled that substituted service could be made on a defendant overseas on the social networking website Facebook, as newspaper advertising c...
High Court Procedural Rules Revised (published on 24 March 2009) On February 1 2009 a new set of High Court procedural rules came into effect. Although there are relatively few substantial changes, the significant amendments for intern...
High Court Applies Anti-spam Law (published on 10 March 2009) In Chief Executive Department of Internal Affairs v Atkinson,(1) the first case of its kind, the High Court imposed a penalty of NZ$100,000 on an individual for being an...
Indefeasibility of Title and the Problem with All-Obligations Mortgages (published on 27 January 2009) The case concerned a sophisticated fraudster who assumed the identity of an unsuspecting property owner, Ms Fenech. In exchange for a loan of NZ$184,000 by Westpac, the f...
High Court Rules on Conflict between Official Information Act and Privacy Act (published on 1 January 2009) Published January 2009
2008
Supreme Court Rules on Unconscionable Contracts (published on 5 August 2008) When considering whether a contract is unconscionable, should the question be asked with reference to the time of entry into the contract or the time when the contract be...
Judicial Review of Abortion Law Examines Gap between Legislation and Practice (published on 22 July 2008) In Right to Life New Zealand Inc v The Abortion Supervisory Committee the High Court of New Zealand reviewed the state of abortion law and the rights of the unborn in New...
