Gibson v Maritime New Zealand – Appeal Decision

/
Gibson v Maritime New Zealand – Appeal Decision

In December 2024, we reported on the District Court decision in Maritime New Zealand v Gibson, which marked the first time a chief executive of a major New Zealand company, namely Ports of Auckland was convicted for failing to comply with officer due diligence duties under the Health and Safety at Work Act 2015 (HSWA). You can find our article, and the facts of the case, here: Maritime New Zealand v Gibson [2024] NZDC 27975 - Insurance law in New Zealand

Read More

Property Insurance – Elasticity, functionality and waiver

/
Property Insurance – Elasticity, functionality and waiver

Body Corporate 423900 v. QBE Insurance [2025] NZHC 3015

Pacific Tower is a 22-storey, mixed-use building in Christchurch, managed by Body Corporate 423090.  The building was insured by QBE Insurance during the Canterbury Earthquake Sequence (CES) beginning in September 2010.  The Body Corporate made various insurance claims for earthquake damage.  QBE accepted those claims and funded repairs totalling over $16,000,000 between 2011 and 2013.  A Code of Compliance was issued for the Pacific Tower on 21 October 2013.

Read More

Fee Langstone is 10!

/

We’re proud to celebrate a decade of Fee Langstone — ten years of growth, collaboration, and great work.

From major events, industry shifts to everyday wins, we’ve had the privilege of working with fantastic clients and an exceptional team. Your support has helped shape who we are today.

Thank you to everyone who’s been part of our journey. Here’s to the next chapter — and many more milestones to come!

Statutory Liability in Flux: RMA Reforms Redefine Coverage Boundaries

/

The Resource Management (Consenting and Other System Changes) Amendment Bill passed its third reading on 14 August 2025 and will introduce a significant shift in the statutory liability landscape.  While the Government’s broader RMA reform agenda targets planning and consenting efficiencies, two enforcement provisions stand out for their direct impact on insurers and insureds alike.

Read More

Supreme Court Refines Measures of Damages Test for Negligent Misstatement - Routhan v PGG Wrightson Real Estate Ltd 

/
Supreme Court Refines Measures of Damages Test for Negligent Misstatement - Routhan v PGG Wrightson Real Estate Ltd 

The Supreme Court has released its much-awaited decision of Routhan v PGG Wrightson Real Estate Ltd regarding how damages should be measured where a professional has negligently supplied critical information that induces a commercial transaction. Crucially, the decision comments on the relevance of the SAAMCO principle in New Zealand law, an issue of great interest to liability insurers and their clients.

Read More

Preparing for Contracts of Insurance Acts and Unfair Terms in Insurance Contracts – Recent Lessons from Australia

/
Preparing for Contracts of Insurance Acts and Unfair Terms in Insurance Contracts – Recent Lessons from Australia

The test for unfairness, which will apply in New Zealand once the Contracts of Insurance Acts changes are implemented is almost identical to the test that has applied to insurance contracts in Australia since 2021.  As a result, cases decided in Australia will provide important guidance for New Zealand insurers as they start to review their policy wordings for potentially problematic terms.

Read More

Attention trustees and fiduciaries: is it time for a change to the non-profit rule and duty to account?

/
Attention trustees and fiduciaries: is it time for a change to the non-profit rule and duty to account?

A fiduciary, including a trustee, is under a duty not to profit from their office.  Where a fiduciary is in default, equity requires them to account to their principal for any profit made. 

A recent decision of the UK Supreme Court has considered whether the non-profit rule and the duty to account are due for a change.  This is a particularly important issue for professionals, such as lawyers and accountants, who regularly act as trustees and provide other services as fiduciaries.

Read More

New Zealand courts say ‘yes’ to Common Fund Orders in representative proceedings

/
New Zealand courts say ‘yes’ to Common Fund Orders in representative proceedings

In the recent decision of Simons & Ors v ANZ Bank New Zealand Limited & ASB Bank Limited, the Court of Appeal approved the High Court judgment of Venning J, in which it was held that the High Court has jurisdiction to issue a common fund order (CFO) – the first authority of its kind in New Zealand.  CFOs “are a mechanism which provide a way of sharing the costs of bringing a class action between all class members, regardless of whether they have signed the funding agreement” with the litigation funder.

Read More

Duty of fair presentation of the risk – who has knowledge of a company’s circumstances?

/
Duty of fair presentation of the risk – who has knowledge of a company’s circumstances?

As insurers start preparing for the implementation of the Contracts of Insurance Acts, underwriters, product teams and brokers will be considering how the new duties of disclosure will operate in practice.  The new New Zealand non-consumer duty of fair presentation of risk is almost identical to the duty in the UK Insurance Act 2015, so decisions by Courts in England and Wales will be very persuasive in New Zealand. 

Read More

Maritime New Zealand v Gibson [2024] NZDC 27975

/
Maritime New Zealand v Gibson [2024] NZDC 27975

On 30 August 2020 Pala’amo Kalati was killed while working as a lasher at the Ports of Auckland.  Mr Kalati was crushed by a falling shipping container while working within an exclusion zone near an operating crane - a practice prohibited under Ports of Auckland Limited’s (POAL) safety policies.  Anthony Michael Gibson was the CEO of POAL from 2011 to 2021.  Maritime New Zealand (MNZ) brought charges against Mr Gibson for failing to fulfil his duties under the Health and Safety at Work Act 2015 (HSWA).  MNZ successfully argued that Mr Gibson did not exercise due diligence to ensure POAL complied with its health and safety obligations.

Read More

Asking the right underwriting questions in the digital age

/
Asking the right underwriting questions in the digital age

New disclosure rules which will come into effect with the Contracts of Insurance Act 2024 will require insurers to review policy proposal questions and content to ensure that the right questions are being asked of potential customers, and the consequences of inaccurate disclosure are highlighted.  When tackling this job, insurers should also keep in mind the importance of asking clear and unambiguous questions.  A recent English decision highlights the importance of unambiguous questions in a digital application or proposal form. 

Read More