2023
Supreme Court clarifies duties of directors to protect creditors from insolvency risks In Yan v Mainzeal Property and Construction Limited (in liquidation),(1) the Supreme Court drew to a close the long-running proceedings that arose out of the liquidation...
Supreme Court reaffirms significance of statutory context in judicial reasonableness review of public body decisions Legal challenges to a local authority alcohol policy, made under legislation controlling the sale and supply of alcohol, provided a useful basis to analyse of the concept...
Can a party to a three-way relationship bring a claim for entitlement to a share in property under legislation aimed at couples? The Property Relationships Act 1976 (PRA) is a code that governs how the property of couples who are married, in a civil union or in a de facto relationship is to be divi...
Court of Appeal clarifies Māori Land Court jurisdiction over discretionary trusts In Kruger v Nikora,(1) the Court of Appeal considered jurisdiction over a discretionary trust holding assets for the benefit of Tūhoe iwi members. Conventionally, the Hig...
Can AI be an "inventor" under the Patent Act 2013? A recent High Court decision in Thaler v Commissioner of Patents(1) held that an artificial intelligence (AI) system is not an "inventor" so cannot be the owner of a pate...
How do the Treaty of Waitangi and tikanga Māori affect statutory decision-makers? In light of two recent decisions, the first by the Supreme Court in Trans-Tasman Resources Ltd v Taranaki-Whanganui Conservation Board (which considered whether discretio...
Addressing problem of multiplicity of class action proceedings The benefit of the trans-Tasman operation as a dual-listed company comes with the attendant risk of similar litigation in both Australia and New Zealand. In Whyte v the A...
New Zealand's Supreme Court on freedom of expression and "heckler's veto" New Zealand's highest court has handed down a decision dealing with the extent of the right to freedom of expression and its limits.(1) The case involved an applicati...
2022
Supreme Court finds setting voting age at 18 inconsistent with Bill of Rights Act The goal of Make it 16 Inc is to have the voting age in New Zealand lowered from 18 to 16 years. In Make It 16 Inc v Attorney-General,(1) it sought to advance that object...
Court clarifies correct approach to interpretation of exclusion clauses in insurance contracts The recent decision of the Court of Appeal in Napier City Council v Local Government Mutual Funds Trustee Limited(1) provides useful clarity regarding the correct approac...
Supreme Court clarifies limits on right to terminate a contract for non-fulfilment of condition In Melco Property Holdings (NZ) 2012 Ltd v Anthony John Hall(1) the Supreme Court unanimously decided that, where a party has materially contributed to the non-fulfilment...
Court rules on legality of vaccine mandate order In Yardley v Minister of Workplace Relations and Safety,(1) the High Court ruled against the legality of a vaccine mandate order (the order) made under the Covid-19 Publi...
Review of dishonest assistance and knowing receipt in New Zealand The torts of dishonest assistance and knowing receipt have long been recognised in the New Zealand courts. The New Zealand courts tend to apply the English authorities on...
