Publications

2024

The Place of Tikanga Màori 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...

2023

Supreme Court clarifies duties of directors to protect creditors from insolvency risks In Yan v Mainzeal Property and Construction Limited (in liquidation),(1) the Supreme Court drew to a close the long-running proceedings that arose out of the liquidation...

Supreme Court reaffirms significance of statutory context in judicial reasonableness review of public body decisions Legal challenges to a local authority alcohol policy, made under legislation controlling the sale and supply of alcohol, provided a useful basis to analyse of the concept...

Can a party to a three-way relationship bring a claim for entitlement to a share in property under legislation aimed at couples? The Property Relationships Act 1976 (PRA) is a code that governs how the property of couples who are married, in a civil union or in a de facto relationship is to be divi...

Court of Appeal clarifies Māori Land Court jurisdiction over discretionary trusts In Kruger v Nikora,(1) the Court of Appeal considered jurisdiction over a discretionary trust holding assets for the benefit of Tūhoe iwi members. Conventionally, the Hig...

Can AI be an "inventor" under the Patent Act 2013? A recent High Court decision in Thaler v Commissioner of Patents(1) held that an artificial intelligence (AI) system is not an "inventor" so cannot be the owner of a pate...

How do the Treaty of Waitangi and tikanga Māori affect statutory decision-makers? In light of two recent decisions, the first by the Supreme Court in Trans-Tasman Resources Ltd v Taranaki-Whanganui Conservation Board (which considered whether discretio...

Addressing problem of multiplicity of class action proceedings The benefit of the trans-Tasman operation as a dual-listed company comes with the attendant risk of similar litigation in both Australia and New Zealand. In Whyte v the A...

New Zealand's Supreme Court on freedom of expression and "heckler's veto" New Zealand's highest court has handed down a decision dealing with the extent of the right to freedom of expression and its limits.(1) The case involved an applicati...