The Supreme Court has handed down a significant decision to allow novel climate change claims to proceed. We briefly summarise its conclusions, and identify several challenging issues for insurers and their clients posed by the decision.
Read MoreIn a pivotal decision that could reshape the enforcement landscape of health and safety legislation in New Zealand, the High Court has provided clarification on the liability of trusts and trustees with respect to the Health and Safety at Work Act 2015 (HSWA). This case, arising from a tragic fatal accident where a child’s clothing became entangled in machinery on a dairy farm owned by the RH & Jury Trust, has brought to the fore the legal interpretation of "person" under the HSWA.
Read MoreThe conflict between Israel and Palestine, and the associated attacking of commercial ships in the Red Sea by the Houthi rebels – both seem a long way from New Zealand. But, with this country having an economy reliant on import and export trade, and all except a tiny percentage of goods moving by sea, there are significant flow-on effects.
Read MoreWe are delighted to be ranked once more as a Top Tier Firm for Insurance in the Legal 500 Asia Pacific 2024 guide, and a recommended firm for Dispute Resolution. A total of 8 of our lawyers are mentioned by name in the commentary for their standout contributions. Philippa Fee and Craig Langstone are members of the Hall of Fame, Cecily Brick and Pauline Davies are Leading Individuals, Virginia Wethey is ranked as a Next Generation Partner and Brad Alcorn a Rising Star. Matthew Atkinson and Russell Stewart are recommended lawyers. Thank you to all our clients who provided feedback and recommendations.
Read MoreEarlier this year, the Court of Appeal upheld a High Court decision finding the owners of the Christchurch Adventure Park liable for losses caused to neighbouring property owners whose homes were damaged by the spread of fire from the Park. The case concerned the (un)reasonableness of the Park not removing burning chairs from a chairlift, amidst dangers from approaching flames. The Court’s endorsement of the assessment of damages based on reinstatement cost for plaintiffs who would not be reinstating indicates a more flexible approach to assessment of damages than many would have expected.
Read MoreOn 9 December 2019, Whaakari erupted while 47 people were on the Island. Twenty two people died and the remaining 25 people were injured, many critically.
Read MoreNo doubt life insurers were eagerly awaiting this decision as Mr Catherwood’s interpretation of terminal illness could have had very wide-reaching implications for the industry.
Read MoreThe Government is moving swiftly ahead with its plans to replace the Resource Management Act with three distinct pieces of legislation: the Natural and Built Environment Bill, the Spatial Planning Bill and the Climate Adaptation Bill.
Read MoreWe’re excited to further strengthen our regulatory team with the arrival of Shikha Kishun. Shikha brings a wealth of experience in the regulatory space, having worked with a range of business and senior leaders on various risk and compliance matters including Fair Insurance Code compliance, privacy and confidentiality, risk, incident and complaints management, regulatory and compliance obligations. She has also acted as Deputy Privacy Officer in her previous role. We put Shikha straight under the spotlight to ask her five 'quick fire’ questions about all things regulatory.
Read MoreThe Government has recently confirmed changes to the oversight of port safety, with the expansion of Maritime New Zealand’s role beyond regulation at sea to become the designated regulator of on-land port operations. The intention is to ensure a more uniform standard for port workers’ health and safety. But is it necessary? And does this mean that Maritime New Zealand will become the regulator for inland ports as well?
Read MoreIn early May, a Select Committee issued its report on the Companies (Directors Duties) Amendment Bill, which proposes amendments to section 131 of the Companies Act 1993.
Read MoreThe Fletcher Construction Company Ltd v Chubb & BHSI [2023] NZHC 943
The New Zealand High Court recently looked at whether a third-party liability policy provided any cover to a head contractor for its liability to the principal under an indemnity clause in the construction contract. This decision provides helpful guidance on the applicable legal principles.
Read MoreNiamh Leuthart completed her Bachelor of Laws and Bachelor of Arts (Politics) at the University of Otago in December 2022. She completed the last 6 months of her degree in Ireland at the University College of Dublin. Niamh is soon to be admitted to the New Zealand High Court in 2023.
Prior to joining Fee Langstone in February 2023, Niamh gained broad litigation experience as a Law Clerk at a specialist private client firm. There, Niamh assisted on complex disputes within the Trust and Estates Team and was involved in preparing matters for the Family Court. She looks forward to working on a range of commercial litigation matters with Fee Langstone.
Read MoreJono Raymond recently completed a Bachelor of Laws and Commerce, majoring in Economics from the University of Otago. Jono is originally from Christchurch but has moved up to Auckland to start his professional career with Fee Langstone as a Graduate. Jono will be admitted to the New Zealand High Court in 2023. Outside of the office, Jono loves playing golf and socialising with friends and family.
Read MoreFKP Commercial Developments Pty Ltd v Zurich Australian Insurance Ltd [2022] FCA 862
Head contractors will often assume contractual responsibility for both design and construction of a development. This remains their contractual responsibility, even if they engage consultants or subcontractors to carry out the design on their behalf.
Read MoreCatherwood v Asteron Life Ltd [2022] NZHC 3296
The High Court has recently denied Mr Catherwood’s claim for breach of a life insurance policy for terminal illness. The Court addressed the issue of whether the definition of “terminal illness” and “terminally ill” in the policy intended to take into account the effect of available medical treatment on a person’s life expectancy. The Court held that Asteron Life Limited (Asteron) had not breached the terms of the contract of insurance by denying the terminal illness extension of the life policy, when Mr Catherwood had treatment available to him that meant he was not going to die.
Read MoreThe Ministerial Inquiry report into woody debris (including forestry slash) and sediment in Tairāwhiti/Gisborne and Wairoa has been presented to the Government.
Read MoreAfter concern that financial advisers with extensive experience are leaving the industry, the Australian government has released a draft bill removing tertiary education requirements for them.
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.
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