Its Getting Hot in Herre:1 So Let’s Judicially Review Your Work Societies around the world have struggled to find consensus on how to respond to climate change. That struggle has increasingly, from Urgenda Foundation v State of the Ne...
Declarations of defamation liability and the defence of responsible publication In Cao v Stuff Ltd,1 the High Court considered whether a declaration of liability (with costs) under s 24 of the Defamation Act 1992 should be granted if the defendant es...
Beca Carter v Wellington City Council: Supreme Court confirms 10 year “longstop” period in Building Act 2004 does not apply to contribution claims A recent decision of the Supreme Court, Beca Carter v Wellington City Council [2023] NZSC 117, addresses the application of the 10 year “longstop” limitation period for b...
Supreme Court confirms Māori Land Court jurisdiction over a discretionary trust The Supreme Court has overturned the Court of Appeal’s decision in Kruger v Nikorai, which ruled that the Māori Land Court did not have jurisdiction over a discretionary...
The Subtle Art of Drafting Retention Clauses Stevenson Structural Engineers 1978 Ltd v McMillan & Lockwood (PN) Ltd, was the first substantive opportunity1 the courts have had to consider the operation and effect of...
Supreme Court decision on contract interpretation and exclusion clauses in liability insurance policies The decision of the Supreme Court in Local Government Mutual Funds Trustee Ltd v Napier City Council1 provides important insight as the first Supreme Court decision addre...
The Place of Tikanga Māori following the decision in Smith v Fonterra On 7 February 2024, the Supreme Court issued its reserved decision in Smith v Fonterra1, an appeal against the striking out of a claim in tort for alleged climate harm.
New Zealand courts release guidance on generative artificial intelligence The courts in New Zealand have released guidance on the use of generative artificial intelligence (GenAI) in courts and tribunals. The guidance is set out in three docume...
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