The brown marmorated stink bug (Halyomorpha halys) is a native of China, Japan, Korea and Taiwan and is a serious agricultural pest in all places where it has become established, including the USA and parts of Europe and Canada. The prospect of the stink bug becoming established in New Zealand is regarded by the local horticulture industry as a matter of serious concern, with an NZIER report published in February 2018 estimating that this could wipe up to $3.6bn from New Zealand’s GDP by 2038.Read More
Mainzeal Property and Constructions Ltd (in Liq) v Yan and Others  NZHC 255
In February of this year, the High Court upheld claims of reckless trading against the former directors of Mainzeal Property and Construction Limited (Mainzeal). The Court held the former directors had to pay $36 million, approximately one third of the $110 million owed to unsecured creditors. The decision is important for a number of reasons, including an adoption of a novel approach to assessing the quantum of the award against the directors.Read More
Oceana Gold (NZ) Ltd v WorkSafe NZ & Cropp Logging Ltd v WorkSafe NZ  NZHC 365
On 7th March, the High Court of New Zealand released its decision regarding two appeals from sentences imposed pursuant to the Health and Safety at Work Act 2015 (HSWA).Read More
Owners Corporation No.1 PS613436T & Ors v LU Simon Builders Pty Ltd & Ors  VCAT 286
Early morning on 25 November 2014, a resident of the Lacrosse Apartment building, in Melbourne, extinguished a cigarette in a makeshift ashtray sitting on a timber table on his balcony. A small fire started in the plastic ashtray, spreading to the table and then to the external cladding of the building. The cladding was made of Aluminium Composite Panels (ACP). These panels had a core containing highly flammable polyethylene, which was not compliant with the Building Code of Australia (BCA). The fire spread quickly up the side of the building, racing up thirteen floors in roughly fifteen minutes and causing extensive damage.Read More
Fitzgerald v IAG New Zealand (2018) NZHC 3447
Insurers will welcome further confirmation from the High Court as to what is required when a policy agrees to repair a building to a “when new” condition.Read More
Andrew Little introduced a new Privacy Bill on 20 March 2018. There are a range of changes made to the old legislation. These proposed changes will impact on any organisation or business that holds personal information about clients or customers.Read More
The Chambers rankings were recently released and we are pleased to announce Fee Langstone was ranked in Band 2 for Insurance. The feedback from those interviewed was that Fee Langstone staff were “adept in both contentious and non-contentious matters.” It was further noted that the firm’s “expertise extends to policy review and product liability disputes.” Philippa Fee was mentioned as a notable practitioner in the firm. She was also ranked individually in Band 1 for Insurance. Those interviewed said she “maintains a prominent position in the market” and clients “regularly engage her and have confidence in her.” Pauline Davies was also singled out, receiving a Band 2 ranking for Shipping, with interviewees praising her work in maritime insurance claims.
On Wednesday, 21 November a large group of Fee Langstone staff and family members braved the rain to run in the 2018 Corporate Challenge. Fee Langstone placed 22 out of 94 in the teams division. Luke Humphries was the first in for FL with a time of 19:33mins with Andrew Durrant closely behind him at 20:07mins. Ali Cornwell was our first female across the line at 25 minutes. Luke also came in as runner 31 out of 1049! After the race the team took shelter at Flying Burrito Brothers in Newmarket to refuel with burritos and tacos. Good work Team FL!
A huge thank you to all the cowboys and cowgirls who came out for our annual client function this year. It was a great night filled with glitz, glamour, country music and a great big fibreglass horse!
Napier City Council v Local Government Mutual Funds Trustee Ltd  NZHC 2269
A recent High Court decision by Justice Hinton has considered whether an insurer can rely on an exclusion clause to deny indemnity in respect of an entire claim, where only parts of the claim were likely caught by the exclusion.Read More
On 11 October 2018 the Financial Advice Code Working Group released the draft Code of Conduct for Financial Advisers which applies to insurance brokers (amongst others). Feedback was sought on the draft Code from interested parties by this Friday, 9 November. Fee Langstone has been following developments closely in this area because of the importance it has to all insurance brokers in New Zealand.
According to partner Craig Langstone, the draft Code raises a number of issues that need to be addressed before the Code is finalised. As a result Fee Langstone has made a formal submission on aspects of the draft Code. The Fee Langstone submission can be accessed here
The new Health and Safety at Work Act 2015 (the Act) came into force on 4 April 2016. One of the major objectives of the Act was to recognise and legislate for an increasing trend in employment relationships and in the workplace environment where multiple entities simultaneously have control of a workplace and those working in it. WorkSafe v Athenberry Holdings Limited  NZDC 9987 is the first defended hearing to be brought under the Act.Read More