Client Function 2025: A night in Hollywood
/For this year’s Client Function we celebrated 10 years of Fee Langstone with a glamorous night in Hollywood! Thanks to everyone for another great night.
Property Insurance – Elasticity, functionality and waiver
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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 MoreFocus on limitation
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In litigation, time can be everything. Limitation periods set strict deadlines for bringing claims – if a plaintiff is out of time, the claim may be thrown out, even if the claim is strong.
Read MoreDu Val Accountant censured and fined for conduct breaches
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The New Zealand Institute of Chartered Accountants (NZICA) Disciplinary Tribunal has issued its decision in relation to the complaint against chartered accountant, Nicola Adam, for her actions following the collapse of the Du Val Group.
Read MoreFee 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 MoreThomson Reuters Regulatory Intelligence: New Zealand Insurance Update
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Market overview
New Zealand's insurance sector comprises both private and government-owned insurers. In the private sector, about 59% of business is general insurance, followed by 28% life insurance and 13% health insurance.
Read MoreSupreme Court Refines Measures of Damages Test for Negligent Misstatement - Routhan v PGG Wrightson Real Estate Ltd
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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 MorePreparing for Contracts of Insurance Acts and Unfair Terms in Insurance Contracts – Recent Lessons from Australia
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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 MoreFee Langstone Expands in Christchurch
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We’re excited to share that Fee Langstone is expanding its presence in the South Island with the opening of a new office in Christchurch.
To lead this important step, we’ve appointed Tim Daley as Special Counsel. Tim brings insurance expertise and a strong reputation in the legal community. We’re thrilled he’ll be a part of our Christchurch operations.
Read MoreAttention trustees and fiduciaries: is it time for a change to the non-profit rule and duty to account?
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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 MoreNew Zealand courts say ‘yes’ to Common Fund Orders in representative proceedings
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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 MoreDuty of fair presentation of the risk – who has knowledge of a company’s circumstances?
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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 MoreCompulsory mediations: are they a useful ‘tool in the toolbox’?
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Alternative dispute resolution ordinarily requires the consent of the parties. In trust disputes, however, under s 145 of the Trusts Act 2019 a trustee or beneficiary may ask the High Court to order that parties participate in an ADR process. In other words, the Court can order an unwilling party to attend mediation.
Read MoreMaritime New Zealand v Gibson [2024] NZDC 27975
/![Maritime New Zealand v Gibson [2024] NZDC 27975](https://images.squarespace-cdn.com/content/v1/573e489c4d088e3dc5d18bcb/1733338775091-OFOCZF31B04VOF9JBMGD/duties+of+director+offier+hswa.jpg)
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 MoreClient Function 2024 Casino Royale
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This year we were delighted to host our Casino Royale themed Client Function at The Brit in Britomart. It was a great night to catch up with our community (and do a bit of Vegas style gaming while we were at it!)
Read MoreAsking the right underwriting questions in the digital age
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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 MoreCourt of Appeal clarifies burden of proof in earthquake cases
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Recently, the Court of Appeal delivered its judgment in an appeal brought by the owner of a group of industrial commercial buildings damaged in the Canterbury earthquakes.
Read More'Overseas persons' and 'sensitive land'
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The Overseas Investment Act 2005 regulates who can own “sensitive land” in New Zealand. If an “overseas person” wishes to purchase “sensitive land”, they must first seek the consent of the Overseas Investment Office (OIO). This imposes strict requirements on those advising clients wishing to purchase residential property.
Read MoreThe Intertwining of Tikanga into Aotearoa’s Common Law: Trying to keep up
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It is now settled law that tikanga forms part of the common law in New Zealand. Following the Supreme Court decision in Ellis v R (Continuance)[1], the use of tikanga has gained momentum in most areas of the law, however, its application is still largely uncertain. With the fast pace of this development, we consider whether the judicial system, and litigation lawyers in particular, are keeping pace.
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