2011
Assessing the impact of the Rena disaster (published on 19 October 2011) Early on October 5 2011 the MV Rena - a Liberian-flagged, Greek-owned, 235-metre container vessel - struck the Astrolabe Reef off the coast of Tauranga, a port on the Nor...
Maritime New Zealand denied appeal in safe ship management company case (published on 5 July 2011) The director of Maritime New Zealand - the crown entity with responsibility for maritime safety - has been declined leave to appeal to New Zealand's highest court in...
A sea change in civil procedure (published on 7 June 2011) The District Court Rules 2009 introduced a new regime for claims in the New Zealand district courts, which radically departed from traditional civil procedure (for furthe...
Law change to aid Australia-New Zealand proceedings (published on 22 March 2011) In February 2011 the prime minister of Australia, Julia Gillard, visited New Zealand in the interests of strengthening economic relations between the two countries. This...
Caveator beware: abuse of process in admiralty proceedings (published on 16 March 2011) In a judgment dated February 7 2011 the High Court found that a caveat against the release of a vessel was unfounded and an abuse of process.(1)
2010
Forum non conveniens considerations in admiralty in rem proceedings (published on 15 December 2010) The High Court recently dismissed(1) an application for stay of in rem proceedings brought under its maritime jurisdiction on the basis that the applicant had not establi...
The new Limitation Act: limitation in admiralty proceedings (published on 24 November 2010) In Ladd v Carr(1) the High Court confirmed that the statutory two-year limitation period for claims arising out of vessel collisions applies whenever the proceeding is on...
Transformation from Repudiation to Cancellation - Court of Appeal analysis (published on 12 November 2010) When a contractual relationship breaks down it is not always entirely clear whether the contract has been validly cancelled, or by whom. This difficulty was exemplified...
High Court rules in Supreme Court judge conduct case (published on 26 October 2010) In July 2010 a judicial conduct panel was appointed, on the recommendation of the judicial conduct commissioner, to inquire into certain conduct by a judge of the Supreme...
High Court rules in Supreme Court judge conduct case (published on 26 October 2010) In July 2010 a judicial conduct panel was appointed, on the recommendation of the judicial conduct commissioner, to inquire into certain conduct by a judge of the Supreme...
Judicial challenge to inquiry into conduct of Supreme Court judge (published on 7 September 2010) A judge of the Supreme Court, New Zealand's highest court, has brought a legal challenge to an inquiry into his conduct. The inquiry could result in a recommendation...
Use of Evidence of Prior Negotiations in Contract Interpretation (published on 17 August 2010) In Vector Gas Limited v Bay of Plenty Energy Limited(1) the Supreme Court considered the use of evidence of prior negotiations in contract interpretation. It was the cour...
Tasman Pioneer: Supreme Court rules on carrier's responsibility for loss (published on 5 May 2010) In April 2009 the Court of Appeal ruled on the interpretation of the exemption of liability in Article IV, Rule 2(a) of the Hague-Visby Rules in Tasman Orient Line CV v N...
Supreme Court rules on carrier status under Carriage of Goods Act (published on 13 April 2010) On December 22 2008 the Court of Appeal rendered a majority decision in Ports of Auckland v Southpac Trucks with implications for all parties performing carriage in New Z...
Supreme Court rules on carrier status under Carriage of Goods Act (published on 13 April 2010) On December 22 2008 the Court of Appeal rendered a majority decision in Ports of Auckland v Southpac Trucks with implications for all parties performing carriage in New Z...
