Publications

2017

High Court Rules on Conflict between Official Information Act and Privacy Act In Director of Human Rights Proceedings v Commissioner of Police(1) the High Court had to resolve the inherent conflict between the aims of the Official Information Act 1...

High Court Applies Anti-spam Law 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...

Email Chains: Discovery Obligations 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...

Amendments to Evidence Act for civil litigators The law of evidence in court proceedings in New Zealand is contained in the Evidence Act 2006. The act codified and adapted the common law, which until 2006 had largely g...

Supreme Court enforces 'use it or lose it' trademark rule The Supreme Court decision in Crocodile International Ltd v Lacoste has clarified the law applicable to unused registered trademarks in New Zealand and limited the scope...

Court of Appeal sheds light on new approach to penalties in Torchlight decision In Wilaci Pty Ltd v Torchlight Fund No 1 LP (in rec), the New Zealand Court of Appeal had to determine whether late payment fees of A$28 million on a 60-day loan of A$37...

Substantial security for costs ordered for third-party funded claims The High Court recently ordered that the substantial amount of NZ$2.6 million be provided as security for costs by a litigation funder in relation to claims brought again...

Supreme Court upholds smoking ban in mental health facilities The Supreme Court has upheld(1) a ban on smoking in public mental health facilities, ruling that the ban did not breach patients' rights, even of those compulsorily d...

Breach of disclosure requirements aborts complex financial crime trial The High Court(1) recently aborted the trial of four company directors of two failed finance companies after the prosecution disclosed an unprecedented number of previous...

Court of Appeal upholds prisoner voting rights declaration The Court of Appeal has upheld a High Court declaration that a prohibition on prisoners voting is inconsistent with the New Zealand Bill of Rights Act. In doing so, it co...

No duty of care owed by local authority to commissioning owner after stadium collapse The Court of Appeal recently held that a local authority did not owe a duty of care to a commissioning owner in issuing a code compliance certificate for a non-compliant...

Restricted scope of judicial review for government procurement decisions restored by Court of Appeal The Court of Appeal recently reversed, on appeal, a High Court judgment setting aside the Ministry of Health's decision to award problem gambling services contracts t...

Litigation funding in New Zealand The funding of litigation in New Zealand by third parties on commercial terms has gathered momentum in recent years. This has particularly been the case with representati...

2016

Appeal comprehensively clarifies prospectus liability The Court of Appeal recently reviewed important aspects of liability under New Zealand securities legislation. Houghton v Sanders and Ors ([2016] NZCA 493) was an unsucce...

Cloud storage operator ordered to disclose user details for use in foreign proceeding The High Court recently ordered an internet cloud storage company to disclose user information to Kazakhstan for use in a US proceeding. The judgment provides a useful ov...

Court of Appeal upholds Waitemata District Health Board smoking ban In B v Waitemata District Health Board, the High Court upheld the lawfulness of a policy banning smoking on all properties owned or controlled by the Waitemata District H...

Journalistic Privilege upheld as police warrant and search ruled unlawful In 2015 the High Court ruled in Hager v Attorney-General that a police warrant to search a journalist's house, and consequently the search itself, was unlawful.(1) Th...

Blanket approach insufficient under official information legislation Holders of official information are not justified in taking a blanket approach when responding to requests for official information, the New Zealand High Court has ruled....

Attempts to re-register overseas financial service providers run into confusion Two High Court decisions towards the end of 2015 delivered conflicting results on the ability of New Zealand's main financial regulator, the Financial Markets Authori...

Extent of lease obligations for remediation of contamination The Court of Appeal has held Mobil Oil NZ Ltd liable for the cost of remedying hydrocarbon contamination of land that it has occupied since 1925.(1) The issue before the...