2021

NZ Court of Appeal examines requirements for tort of invasion of privacy A recent Court of Appeal decision has signalled significant shifts in the development of the tort of invasion of privacy in New Zealand.(1) The Court of Appeal held that...

Too hot to handle: NZ Court of Appeal strikes out first attempt to use tort law to combat climate change In Smith v Fonterra Co-operative Group Limited,(1) the NZ Court of Appeal struck out a claim which sought private law relief against seven companies alleged to be contrib...

Class actions and litigation funding in New Zealand The NZ Law Commission is continuing its review of class actions and litigation funding, with a view to making recommendations around the introduction of regulations to th...

New Zealand High Court confirms trustee's right of indemnity extends to former trustee in liquidation Administering a trust can be expensive. Trustees expect to be able to pay or reimburse themselves for such expenses with trust funds and their right of indemnity against...

Must trustees disclose legal advice to beneficiaries? NZ Supreme Court provides an answer Trusts are commonplace in New Zealand. On 30 January 2021, the new Trusts Act 2019 (the Act) came into force. Its aim is to "restate and reform New Zealand trust law".(1)

Steel & Tube decision: Court of Appeal rules on sentencing and determining company's state of mind Steel & Tube, a major NZ steel producer, has pleaded guilty to 24 representative charges under the Fair Trading Act 1986 for false representations relating to seismic gra...

2020

Cryptocurrencies as property In April 2020 the NZ High Court issued a decision determining the status of cryptocurrency as property.(1) The court held that cryptocurrency constitutes property at comm...

Contractual interpretation revisited In what may turn out to be a landmark decision in Bathurst Resources Ltd v L&M Coal Holdings Ltd ([2020] NZCA 113), the Court of Appeal has signalled a narrowing of the a...

Court of Appeal confirms right to cancel insurance contract for fraudulent claims A recent Court of Appeal decision highlights the consequences which flow from an insured providing dishonest information in support of an insurance claim.[1] It is the fi...

Contractual penalties: Supreme Court confirms New Zealand's adoption of recast penalty rule At first instance and then on appeal, the High Court and the Court of Appeal adopted a recast rule against contractual penalties, reflecting developments in England and A...

First judicial consideration of covid-19 decisions On 1 May 2020, the High Court issued a decision (1) on a judicial review application which challenged the lawfulness of exemption decisions made pursuant to an order unde...

Opting in or opting out: representative action Representative actions, New Zealand's version of class actions, are becoming increasingly frequent across the litigation landscape. In 2020 it seems that two separate...

Clear course charted through loss of a chance quagmire The civil standard of proof is well known to lawyers; claims must be proved on the balance of probabilities or, in other words, the thing in question must be more likely...

What constitutes 'hunt or kill'? Supreme Court's shark cage diving decision illustrates interpretation difficulties Contrary to media reports, the Supreme Court's recent decision in Shark Experience Ltd v PauaMAC5 Inc has expressly left the question of whether shark cage diving is...