Birchfield v Birchfield: Court of Appeal considers costs arising from judicial settlement conferences

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Birchfield v Birchfield: Court of Appeal considers costs arising from judicial settlement conferences

Birchfield v Birchfield [2026] NZCA 477 is an interesting decision commenting on the limits of costs arising from Judicial Settlement Conferences.

The High Court ordered $22,848.67 in wasted costs against a party following an unsuccessful JSC.  Essentially, the Judge considered that the party had failed to engage meaningfully in the process by refusing to shift from his pre-JSC position.

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The LEG Defect Clauses – Construction Insurance – Watch this Space

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The LEG Defect Clauses – Construction Insurance – Watch this Space

A few months ago, the London Engineering Group (LEG) announced that it will be publishing revised LEG clauses later this year to provide greater clarity for the construction insurance market.  The announcement follows the 2023 U.S. Federal Court decision in South Capitol Bridgebuilders v Lexington Insurance in which LEG 3 was described as “ambiguous—egregiously so” and “internally inconsistent and bordering incomprehensible”.  This does not surprise us.  We have encountered similar concerns with LEG 3 in the context of large construction projects in New Zealand. Despite these longstanding issues, the clause remains widely used, making the proposed revisions a welcome development.

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Construction Insurance – “Property Damage” from a Builder Affixing a Defective Product

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Construction Insurance – “Property Damage” from a Builder Affixing a Defective Product

The Star Entertainment Sydney Properties Pty Ltd v Buildcorp Group Pty Ltd [2026] NSWSC 27

The boundary between defective work and “property damage” is regularly a disputed issue in a construction insurance context.  Under a liability policy, the builder’s liability for damage will ordinarily trigger the policy’s insuring clause.  However, the policy will usually exclude cover for the builder’s defective work, or perhaps only provide cover to a limited extent.

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Brand Developers fined $1.1 million for Fair Trading Act breaches

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Brand Developers fined $1.1 million for Fair Trading Act breaches

The District Court has imposed fines totalling $1.104 million on Brand Developers Limited (BDL), trading as TV Shop, following convictions on 13 charges under the Fair Trading Act 1986 (FTA). The decision is a significant recent penalty judgment and provides useful guidance on how the courts assess culpability for misleading conduct affecting consumers.

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Report on Health and Safety Amendment Bill Released

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Report on Health and Safety Amendment Bill Released

The Health and Safety at Work Amendment Bill has been reported back by the Education and Workforce Committee. The Committee has recommended, by majority, that the Bill be passed with amendments.

The Bill is intended to make the health and safety regime clearer and more focused on serious risks. It does this by introducing the concept of “critical risk”, changing some duties for smaller businesses, clarifying officer and landowner responsibilities, strengthening Approved Codes of Practice, and addressing how the Health and Safety at Work Act interacts with other laws.

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A trustee’s right to be indemnified – it’s complicated

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A trustee’s right to be indemnified – it’s complicated

Trustees are personally responsible for expenses and liabilities during their trusteeship.  However, it is a fundamental entitlement of every trustee that they have a right to be indemnified from the trust’s assets for those expenses and liabilities, where they have been reasonably incurred.  Although personally liable, they are not required to pay out of their own pocket.  This right has been recently endorsed and reaffirmed by the Supreme Court, and is enshrined in the Trusts Act 2019.

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Supreme Court to Consider Whether Trusts Can Be “Persons” Under the HSWA

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On 13 May 2026, the Supreme Court granted leave to the RH & JY Trust and its trustees to appeal the Court of Appeal’s decision in RH & JY Trust v WorkSafe New Zealand [2026] NZCA 12.  The approved question is whether a trust and/or the trustees of a trust acting collectively is a “person” within the meaning of section 16 of the Health and Safety at Work Act 2015 (HSWA). 

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Stirring the Hornet’s Nest – When Notification of Circumstances Falls Short

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Stirring the Hornet’s Nest – When Notification of Circumstances Falls Short

Lessons from Ahmed and Others v White & Co (UK) Ltd and Another

The UK Commercial Court’s decision in Ahmed and Others v White & Co (UK) Ltd and Another [2025] EWHC 2399 (Comm) provides a timely and helpful restatement of the principles governing notification of claims and circumstances under claims‑made insurance policies, and the limits of so-called “Hornet’s Nest” style notifications. 

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Gibson v Maritime New Zealand – Appeal Decision

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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

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Property Insurance – Elasticity, functionality and waiver

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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.

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Fee Langstone is 10!

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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!