Wilson Harle - Publications

Publications

2025

Beca Carter v Wellington City Council: Supreme Court confirms 10 year “longstop” period in Building Act 2004 does not apply to contribution claims

Declarations of defamation liability and the defence of responsible publication

Artificial Intelligence in the Courtroom: Implications for New Zealand’s Litigation Landscape

Love and Trusts in New Zealand’s highest court

Its Getting Hot in Herre:1 So Let’s Judicially Review Your Work

2024

Supreme Court confirms Māori Land Court jurisdiction over a discretionary trust

The Subtle Art of Drafting Retention Clauses

Supreme Court decision on contract interpretation and exclusion clauses in liability insurance policies

The Place of Tikanga Māori following the decision in Smith v Fonterra

New Zealand courts release guidance on generative artificial intelligence

2023

Supreme Court clarifies duties of directors to protect creditors from insolvency risks

Supreme Court reaffirms significance of statutory context in judicial reasonableness review of public body decisions

Can a party to a three-way relationship bring a claim for entitlement to a share in property under legislation aimed at couples?

Court of Appeal clarifies Māori Land Court jurisdiction over discretionary trusts

Can AI be an "inventor" under the Patent Act 2013?

2022

Supreme Court finds setting voting age at 18 inconsistent with Bill of Rights Act

Court clarifies correct approach to interpretation of exclusion clauses in insurance contracts

Supreme Court clarifies limits on right to terminate a contract for non-fulfilment of condition

Court rules on legality of vaccine mandate order

Review of dishonest assistance and knowing receipt in New Zealand

2021

NZ Court of Appeal examines requirements for tort of invasion of privacy

Too hot to handle: NZ Court of Appeal strikes out first attempt to use tort law to combat climate change

Class actions and litigation funding in New Zealand

New Zealand High Court confirms trustee's right of indemnity extends to former trustee in liquidation

Must trustees disclose legal advice to beneficiaries? NZ Supreme Court provides an answer

2020

Cryptocurrencies as property

Contractual interpretation revisited

Court of Appeal confirms right to cancel insurance contract for fraudulent claims

Contractual penalties: Supreme Court confirms New Zealand's adoption of recast penalty rule

First judicial consideration of covid-19 decisions

2019

Supreme Court confirms that replacement cover rights are not assignable

Contractual penalties: Court of Appeal upholds High Court's decision in Honey Bees

Diminution Not Required For Voidable Transactions

Court costs when using employed lawyers – return to status quo ante

No jurisdiction without service: difficulties obtaining interim injunctions against offshore companies

2018

Supreme Court brings final clarity to prospectus liability

Contractual penalties again

No costs entitlement without lawyer's invoice – parties using in-house lawyers lose entitlement to costs

Context is everything – court adopts purposive approach to runway end safety area criteria

Major changes to privacy laws: implications for New Zealand businesses

2017

Amendments to Evidence Act for civil litigators

Supreme Court enforces 'use it or lose it' trademark rule

Court of Appeal sheds light on new approach to penalties in Torchlight decision

Substantial security for costs ordered for third-party funded claims

Supreme Court upholds smoking ban in mental health facilities

2016

Appeal comprehensively clarifies prospectus liability

Cloud storage operator ordered to disclose user details for use in foreign proceeding

Court of Appeal upholds Waitemata District Health Board smoking ban

Journalistic Privilege upheld as police warrant and search ruled unlawful

Blanket approach insufficient under official information legislation

2015

Wilson Harle is awarded the Litigation and Dispute Resolution Specialist Law Firm of the Year at the NZ Law Awards 2015

Earthquake insurance: problems of successive events and allocation of loss

Government Procurement Rules used to set aside Ministry's Procurement Decision

Supreme Court clarifies effect of Arbitration Agreements

Lawyer negligence in property deals - appeal courts confirm causation test

2014

High Court interves (again) at election time in broadcaster's planned political debate

Court of Appeal clarifies Extraterritorial Application of the Maritime Transport Act

Kim Dotcom cases test boundaries of international mutual assistance regime

New Zealand courts consider interrelationship between cross-border insolvency and admiralty claims

Getting The Deal Through - Anti-Money Laundering 2014

2013

Supreme Court mandates disclosure of litigation funding agreements

Service of proceedings on Facebook

High Court confirms boat builder's right to arrest

High Court clarifies jurisdiction over New Zealand ships on high seas

Challenge to the Sale of New Zealand Assets: The New Zealand Māori Council and Others v The Attorney General

2012

Owner of MV Rena convicted and fined

Supreme Court examines interplay of contractual and tortious liability

Offshore parent companies held accountable for competition law breaches

Supreme Court rules post-sterilisation pregnancy is personal injury

Charges Laid in Relation to MV Rena Grounding

2011

Assessing the impact of the Rena disaster

Maritime New Zealand denied appeal in safe ship management company case

A sea change in civil procedure

Law change to aid Australia-New Zealand proceedings

Caveator beware: abuse of process in admiralty proceedings

2010

Forum non conveniens considerations in admiralty in rem proceedings

The new Limitation Act: limitation in admiralty proceedings

Transformation from Repudiation to Cancellation - Court of Appeal analysis

High Court rules in Supreme Court judge conduct case

Judicial challenge to inquiry into conduct of Supreme Court judge

2009

Who Is the Master? Court of Appeal Rules on Duty to Report Accidents

High Court's reminder: remedies for judicial review claims are discretionary

Supreme Court clarifies Commerce Commission's information-gathering powers

Email Chains: Discovery Obligations

Security Interests in Ships

2008

Supreme Court Rules on Unconscionable Contracts

Judicial Review of Abortion Law Examines Gap between Legislation and Practice