Is an at-fault driver liable for the cost of hiring a replacement car for the period the not-at-fault driver’s car is being repaired? The High Court’s answer to this is ‘Yes’ – provided these costs are reasonably incurred.
The Court of Appeal has recently recognised a new defence to defamation.
The defence of qualified privilege arises where a person has a legal, social or moral duty or interest to make a statement to someone with a corresponding duty or interest to receive it. Lange v Atkinson extended qualified privilege to publications concerning the conduct of publicly elected officeholders and those seeking such office (i.e. politicians). The court in Lange v Atkinson declined to extend the defence further to include matters of public interest. However, the Court of Appeal in Durie v Gardiner held that societal and legal developments justify such a defence now being recognised. In doing so, it set the boundaries of a new defence of public interest.
Read MoreThe Court of Appeal has upheld the decision of the High Court in Xu & Anor v IAG, in a decision that will provide further certainty to insurers in respect of the entitlements of an assignee under an assigned insurance claim. Following the Court’s decision, it remains the case in New Zealand that replacement benefits in an insurance policy are personal to the original insured, and are incapable of being assigned.
Read MoreThe Court of Appeal has upheld the decision of the High Court in Xu & Anor v IAG, in a decision that will provide further certainty to insurers in respect of the entitlements of an assignee under an assigned insurance claim. Following the Court’s decision, it remains the case in New Zealand that replacement benefits in an insurance policy are personal to the original insured, and are incapable of being assigned.
Read MoreDetails are emerging of how a failure to patch software can result in significant costs to a company. US company Equifax Inc. is a consumer credit reporting agency that collects information on over 800 million individual consumers and more than 88 million businesses worldwide. It provides credit scores for consumers.
Read MoreThe Health and Safety at Work Act 2015 came into force on 4 April 2016. A key feature of the Act is the significant increase in penalties for non-compliance. Effectively, the Act introduced a six-fold increase in the maximum penalties imposed under the previous Health and Safety in Employment Act 1992.
The Ministry of Business, Innovation and Employment (‘MBIE’) has recently proposed a review of the law around insurance contracts. The law governing insurance is fragmented, spread across six different acts, some of which are over 100 years old.
MBIE sets two objectives for the issues paper regarding the whole lifecycle of an insurance policy. One, to ensure insurers and insureds can transact with confidence, and two, to make sure all interactions between insurers and insureds are fair, efficient and transparent.
Read MoreThe Court of Appeal has upheld the decision of the High Court in Xu & Anor v IAG, in a decision that will provide further certainty to insurers in respect of the entitlements of an assignee under an assigned insurance claim. Following the Court’s decision, it remains the case in New Zealand that replacement benefits in an insurance policy are personal to the original insured, and are incapable of being assigned.
Read MoreOn Wednesday 16th May, partner Philippa Fee was a speaker at the ANZIIF Liability Conference. Philippa spoke about developments in D&O Insurance. Her presentation and notes are embedded below.
‘Phase 2’ of the shake-up of New Zealand’s Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) legislation is just around the corner.
From July 2018, lawyers, conveyancers, and trust and company service providers will need to begin complying with the AML/CFT Act’s strict reporting and monitoring requirements. Other entities that will come within the ambit of the Act include accountants from 1 October 2018, real estate agents from 1 January 2019, and the New Zealand Racing Board and high-value dealers from 1 August 2019.
Read MoreThe legal and regulatory framework for insurance brokers (and other financial advisers) is set to change substantially when the Financial Services Legislation Amendment Bill is passed later this year.
The Bill has been drafted in response to a number of problems with the existing regime for financial advice, which was said to be “hindering investor confidence, participation in financial markets and informed decision making”. It is intended that the Bill will address these problems by ensuring consumers can access the financial advice they need and by improving the quality of financial advice provided.
Read MoreOur Best Friends Cocktail evening was held on the 27th February at our new offices on Level 18. Friends from Clyde & Co offices in Australia, Singapore and beyond were present as well as Fee Langstone staff and clients.
Guests were offered a range of specially designed cocktails including Promissory Espresstoppel, Spritzgerald v Muldoon, Interim Ginjunction, Harvey Specter Wallbanger and the Donoghue v Stevenson.
The night ended with everyone braving the wind to enjoy a glass or two on the rooftop at Level 19 overlooking the harbour.
Many thanks to all who came, especially those from afar.
This Court of Appeal decision asks whether a PI or D&O policy should respond to a claim against directors of a fund management company who allegedly negligently signed quarterly directors’ certificates and confirmations.
Read MorePurchasers with assigned rights to an insurance claim for an earthquake damaged house argued unsuccessfully that their insurer was estopped from denying full replacement cover. The court found that the purchasers had still profited from the purchase, even if only paid indemnity value.
Read MoreThis month, Minister of Commerce and Consumer Affairs Kris Faafoi released the terms of reference for a review of New Zealand insurance contract law.
Read MoreWellington City Council v Local Government Mutual Funds Trustee Limited [2017]
A leaky apartment building in Wellington has resulted in a $10m pay-out by the Wellington City Council, due to the Council’s failure to notify its insurer within a reasonable time frame.
Read MoreBuilding (Earthquake-prone Buildings) Amendment Act 2016
The Building (Earthquake-prone Buildings) Amendment Act 2016 which came into force on July 1, 2017 brings radical changes to the methodologies by which local councils, engineers and building owners will carry out assessments and deal with earthquake-prone buildings. These changes are limited to commercial buildings and residential buildings that comprise of two or more stories and three or more household units.
Read MorePRESS RELEASE TUESDAY 12 DECEMBER 2017
Global law firm Clyde & Co and New Zealand firm, Fee Langstone, have established a 'best friends' association. The two firms will work together, refer work to one another, and undertake joint marketing initiatives across the region as part of the arrangement.
Read More
The Legal 500 Asia Pacific 2018 rankings were announced last week and Fee Langstone is delighted to have been ranked as a Top Tier Firm for Insurance. Philippa Fee and Craig Langstone are listed in the elite "Leading Lawyers" list, The Legal 500 Asia Pacific 2018's guide to outstanding lawyers in Asia Pacific.
Virginia Wethey is listed in the "Next Generation Lawyers" list, recognising up-and-coming lawyers.
When Mr Ivey won £7.7m at Crockfords casino over three consecutive nights, he could not believe his luck. However, the painstaking techniques Mr Ivey had used to win such a huge sum were called into question when the casino refused to pay out, claiming he had cheated. The UK Supreme Court determined that Mr Ivey had indeed cheated and took the chance to transform the test for dishonesty in criminal law and confirm the test for civil actions.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
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.
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.
In Candida Trustee Co Ltd v Teak Construction Group Ltd (in liq) [2026] NZHC 1352, the High Court considered whether a claimant creditor could compel liquidators to disclose a company’s professional indemnity insurance information prior to the claim being resolved.
In contract works claims, a frequent dispute – for both insurers and insureds – is precisely where to draw the line between cover for new “damage” and excluded construction defects. The damage and defects are often interlinked and untangling the issue involves technical evidence.
For anyone treating the upcoming Contracts of Insurance Act (‘CoIA’) as a box ticking exercise, the FMA’s open letter to insurers last week is a clear warning. The FMA expects insurers to be actively preparing for CoIA now, and has confirmed that implementation will form part of its ongoing monitoring and enforcement activities.
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.
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).
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.
A Firm v LCRO & Ors [2026] NZHC 1039 (22 April 2026)
The High Court has overturned a decision of the Legal Complaints Review Officer (LCRO) concerning when a lawyer must cease acting under rule 13.5.2 of the Conduct and Client Care Rules, on the grounds that a member of the lawyer’s firm “is to give evidence of a contentious nature”.
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Auckland 1010
Tel. +64 9 373 0050
reception@feelangstone.co.nz
Christchurch
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Christchurch 8011
Tel: +64 3 371 4622
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