Publications

2015

Wilson Harle is awarded the Litigation and Dispute Resolution Specialist Law Firm of the Year at the NZ Law Awards 2015 Wilson Harle has been selected by an independent panel of judges as the Litigation & Dispute Resolution Specialist Firm of the Year for the second consecutive year at the...

Earthquake insurance: problems of successive events and allocation of loss (published on 27 October 2015) In 2010 and 2011 the Canterbury region of New Zealand suffered several major earthquakes, resulting in severe destruction. The most devastating quake in February 2011 cau...

Government Procurement Rules used to set aside Ministry's Procurement Decision (published on 20 October 2015) Since 2006, the Ministry of Business, Innovation and Employment has promulgated rules for government procurement decision making.  The rules have been imposed on governme...

Supreme Court clarifies effect of Arbitration Agreements (published on 28 July 2015) Article 8 provides that, where proceedings are brought in New Zealand in a matter that is subject to an arbitration agreement, the court will stay the matter unless it fi...

Lawyer negligence in property deals - appeal courts confirm causation test (published on 16 June 2015) Two recent cases from New Zealand's senior appellate courts have confirmed and restated the test for liability of lawyers who negligently advise on property transacti...

Unravelling trust assets - trustee powers deemed relationship property (published on 29 April 2015) When a marriage or relationship breaks down and there are significant assets in trust structures, bitter disputes and attempts to access those trusts can result. The issu...

Supreme Court and Parliament ease restrictions on awards of interest on court claims (published on 7 April 2015) An award of interest by the court on top of a proved sum of damages or debt owed can be a significant sum of money, especially if the case has taken a long time to get to...

2014

High Court interves (again) at election time in broadcaster's planned political debate (published on 16 December 2014) New Zealand has just come through another Parliamentary general election, with the incumbent National-led coalition returned by a handsome margin for another 3-year term...

Court of Appeal clarifies Extraterritorial Application of the Maritime Transport Act (published on 29 October 2014) The Appellant, Mr Teddy, was the skipper of a fishing vessel, the San Pietro.  He was also a protestor against oil exploration off New Zealand’s coast.  He steered his fi...

Kim Dotcom cases test boundaries of international mutual assistance regime (published on 7 October 2014) Since 2012 a series of cases have rolled through New Zealand courts regarding US restraining orders over the assets of alleged copyright infringer/abettor Kim Dotcom. The...

New Zealand courts consider interrelationship between cross-border insolvency and admiralty claims (published on 22 July 2014) For the first time, the New Zealand courts have directly considered the interrelationship between cross-border insolvency and Admiralty claim.(1) An administration order...

Getting The Deal Through - Anti-Money Laundering 2014 (published on 1 June 2014)

Freight forwarding Cartel and agreed penalty settlements: “The Gardening Club” finally pruned (published on 27 May 2014) The last participant in an international freight forwarders’ price fixing cartel has finally been dealt with by the New Zealand High Court, in a case that confirms the Ne...

High court issues guidance for MV Rena limitation fund claimants (published on 12 March 2014) Following the High Court judgment of March 15 2013 establishing a limitation fund for claims arising from the grounding of the MV Rena (for further details please see "Hi...

Fraud & Financial Crime Newsletter (published on 1 February 2014) Featuring articles and legal commentary on these topics: