Tenants exonerated in fire

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Tenants exonerated in fire

Inlet Storage Limited v United Movers Limited [2024] NZDC 6928

This case involved consideration of the provisions of the Property Law Act which exonerate tenants from liability for fire at leased premises where the landlord is insured.  The District Court took a stronger line than has been the case in previous judgments, saying that the exoneration provisions apply to bar claims for all losses that might otherwise be sued for.   Pauline Davies and Dayna Vautier acted for the successful defendant.

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New NZICA Rules come into effect

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New NZICA Rules come into effect

The New Zealand Institute of Chartered Accountants (NZICA) has recently issued a revised set of Rules pursuant to the New Zealand Institute of Chartered Accountants Act 1996.  The new Rules replace the 4 December 2020 version and became effective on 11 March 2024.  They contain a number of amendments, including providing for accounting firms, partnerships and other practice entities to be members of NZICA

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 Directors’ Continuous Disclosure Obligations

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 Directors’ Continuous Disclosure Obligations

In a recent High Court decision, CBL Corporation Ltd (CBLC) and four of its former directors – Sir John Wells (chairman of the board of directors), Tony Hannon, Paul Donaldson, and Ian Marsh (each of whom were independent non-executive directors) – were ordered to pay pecuniary penalties relating to the making of false and misleading statements and for continuous disclosure breaches under the Financial Markets Conduct Act 2013 (Act).  The defendants had previously made admissions of liability in relation to contraventions of the Act in a settlement agreement entered into with the FMA in May 2023, so the focus of the hearing was on the level of the imposed penalties.

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RMA Redemption - Page v Greater Wellington Regional Council [2024] NZCA 51

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RMA Redemption - Page v Greater Wellington Regional Council [2024] NZCA 51

It is not often that a person is sentenced to prison for breaching the Resource Management Act.  It is even more infrequent that such convictions are overturned on appeal.  Just such a case occurred last week.  For those accustomed to representing defendants in this prosecutor-friendly jurisdiction, this case presents a rare and satisfying win for the defendants.

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NZ Lawyer's Top Young Lawyers 2024

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NZ Lawyer's Top Young Lawyers 2024

We are delighted to share that our Special Counsel Andrew Durrant has been recognised as a Rising Star in the list of NZ Lawyer’s Top Young Lawyers for 2024.  The list recognises rising stars in the legal profession across all of New Zealand and all practice areas.  He is one of only 56 rising stars that have been recognised.  Andrew joined us as a graduate in 2011 and has become an integral part of our team.  He is an accomplished insurance lawyer capable of handling complex construction and indemnity claims with a keen awareness of commercial realities.  Congratulations Andrew, well deserved!

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WorkSafe New Zealand v RH & Jury Trust: A Landmark Decision on Trustee Liability under the Health and Safety at Work Act

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WorkSafe New Zealand v RH & Jury Trust: A Landmark Decision on Trustee Liability under the Health and Safety at Work Act

In a pivotal decision that could reshape the enforcement landscape of health and safety legislation in New Zealand, the High Court has provided clarification on the liability of trusts and trustees with respect to the Health and Safety at Work Act 2015 (HSWA). This case, arising from a tragic fatal accident where a child’s clothing became entangled in machinery on a dairy farm owned by the RH & Jury Trust, has brought to the fore the legal interpretation of "person" under the HSWA.

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Legal 500 Asia Pacific Rankings 2024

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Legal 500 Asia Pacific Rankings 2024

We are delighted to be ranked once more as a Top Tier Firm for Insurance in the Legal 500 Asia Pacific 2024 guide, and a recommended firm for Dispute Resolution. A total of 8 of our lawyers are mentioned by name in the commentary for their standout contributions. Philippa Fee and Craig Langstone are members of the Hall of Fame, Cecily Brick and Pauline Davies are Leading Individuals, Virginia Wethey is ranked as a Next Generation Partner and Brad Alcorn a Rising Star. Matthew Atkinson and Russell Stewart are recommended lawyers. Thank you to all our clients who provided feedback and recommendations.

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Leisure Investments NZ Ltd Partnership v Grace [2023] NZCA 89

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Leisure Investments NZ Ltd Partnership v Grace [2023] NZCA 89

Earlier this year, the Court of Appeal upheld a High Court decision finding the owners of the Christchurch Adventure Park liable for losses caused to neighbouring property owners whose homes were damaged by the spread of fire from the Park.  The case concerned the (un)reasonableness of the Park not removing burning chairs from a chairlift, amidst dangers from approaching flames.  The Court’s endorsement of the assessment of damages based on reinstatement cost for plaintiffs who would not be reinstating indicates a more flexible approach to assessment of damages than many would have expected.

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Five quick-fire questions with Shikha Kishun, Regulatory Team

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Five quick-fire questions with Shikha Kishun, Regulatory Team

We’re excited to further strengthen our regulatory team with the arrival of Shikha Kishun. Shikha brings a wealth of experience in the regulatory space, having worked with a range of business and senior leaders on various risk and compliance matters including Fair Insurance Code compliance, privacy and confidentiality, risk, incident and complaints management, regulatory and compliance obligations. She has also acted as Deputy Privacy Officer in her previous role. We put Shikha straight under the spotlight to ask her five 'quick fire’ questions about all things regulatory.

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Regulatory changes to Health and Safety on Ports

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Regulatory changes to Health and Safety on Ports

The Government has recently confirmed changes to the oversight of port safety, with the expansion of Maritime New Zealand’s role beyond regulation at sea to become the designated regulator of on-land port operations.  The intention is to ensure a more uniform standard for port workers’ health and safety.  But is it necessary?  And does this mean that Maritime New Zealand will become the regulator for inland ports as well?

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