Publications

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:

2013

Supreme Court mandates disclosure of litigation funding agreements (published on 10 December 2013) The Supreme Court has imposed disclosure requirements on plaintiffs whose legal costs of pursuing the claim are covered by a third-party litigation funder. 

Service of proceedings on Facebook (published on 1 December 2013) Although appellate authority is - understandably - thin on the ground, the position that emerges from recent cases in New Zealand, the UK and Australia is that posting a...

High Court confirms boat builder's right to arrest (published on 9 October 2013) In Westpark Boat Builders Ltd v The Ship “Bayliner 38", the High Court examined whether a boat builder’s right to bring in an in rem claim in the Admiralty jurisdiction a...

Fraud & Financial Crime Newsletter - October 2013 Possibly the greatest weapon in the fraud recovery kit-bag is an urgent order that can freeze assets without any warning.  The High Court may make a freezing order restra...

High Court clarifies jurisdiction over New Zealand ships on high seas (published on 22 May 2013) The High Court recently clarified the extent of New Zealand's jurisdiction over New Zealand ships on the high seas in New Zealand Police v Teddy.(1)

Challenge to the Sale of New Zealand Assets: The New Zealand Māori Council and Others v The Attorney General (published on 1 May 2013) During the New Zealand 2011 general election the National Party campaigned on an economic policy that would bring about the partial sale of five state enterprises: Mighty...