2017

Amendments to Evidence Act for civil litigators (published on 12 December 2017) 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 (published on 27 October 2017) 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 (published on 12 September 2017) 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 (published on 5 September 2017) 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 (published on 22 August 2017) 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 (published on 15 August 2017) 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 (published on 8 August 2017) 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 (published on 13 June 2017) 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 (published on 25 April 2017) 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 (published on January 31 2017) 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 (published on 29 November 2016) 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 (published on 1 March 2016) 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 (published on 22 August 2016) 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 (published on 23 February 2016) 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 (published on 17 February 2016) 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 (published on 31 January 2016) 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 (published on 20 January 2016) 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...