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 MoreIt 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.
Read MoreThe jurisdiction of the IFSO and FSCL increases to half a million dollars this week, despite the schemes having no obligation to apply the law. Melissa Bell and Shikha Kishun briefly review the change and the impacts.
Read MoreThis week marks the commencement of the new Natural Hazards Insurance Act (NHI Act). Residential property insurers, who have been busy updating policy wordings and setting up new systems and procedures required by the Act, may take a quick pause for a breath now that the commencement date has arrived!
Read MoreA recent High Court decision (Paton v Acropolis Holdings Ltd & ors [2024] NZHC 43) helpfully reviewed, and shed light on, the factors a court will consider when reviewing a trustee’s decision-making under the Trusts Act 2019. Fee Langstone acted for the trustees.
Read MoreInsurer uncertainty about the new Government’s prioritisation of insurance law reform came to an end recently following the introduction of not one, but two, Bills into Parliament. The Insurance Contracts Bill, a member’s Bill, was drawn at the end of March, while the Government’s Contracts of Insurance Bill received its first reading in early May. We focus on the provisions in the Government Bill in this article.
Read MoreFormer Port of Auckland CEO Tony Gibson is on trial in the Auckland District Court following the death of a stevedore at the Port in August 2020. Mr Gibson is facing two charges, laid by Maritime New Zealand, under sections 48 and 49 of the Health and Safety at Work Act 2015. These charges concern alleged failures to comply with a duty that exposes an individual to the risk of death, serious injury, or serious illness (section 48), and failing to comply with a duty under the Act (section 49).
Read MoreInlet Storage Limited v United Movers Limited [2024] NZDC 6928
This case involved consideration of the provisions of the Property Law Act which exonerate tenants from liability for fire at leased premises where the landlord is insured. The District Court took a stronger line than has been the case in previous judgments, saying that the exoneration provisions apply to bar claims for all losses that might otherwise be sued for. Pauline Davies and Dayna Vautier acted for the successful defendant.
Read MoreThe New Zealand Institute of Chartered Accountants (NZICA) has recently issued a revised set of Rules pursuant to the New Zealand Institute of Chartered Accountants Act 1996. The new Rules replace the 4 December 2020 version and became effective on 11 March 2024. They contain a number of amendments, including providing for accounting firms, partnerships and other practice entities to be members of NZICA
Read MoreIn a recent High Court decision, CBL Corporation Ltd (CBLC) and four of its former directors – Sir John Wells (chairman of the board of directors), Tony Hannon, Paul Donaldson, and Ian Marsh (each of whom were independent non-executive directors) – were ordered to pay pecuniary penalties relating to the making of false and misleading statements and for continuous disclosure breaches under the Financial Markets Conduct Act 2013 (Act). The defendants had previously made admissions of liability in relation to contraventions of the Act in a settlement agreement entered into with the FMA in May 2023, so the focus of the hearing was on the level of the imposed penalties.
Read MoreIt is not often that a person is sentenced to prison for breaching the Resource Management Act. It is even more infrequent that such convictions are overturned on appeal. Just such a case occurred last week. For those accustomed to representing defendants in this prosecutor-friendly jurisdiction, this case presents a rare and satisfying win for the defendants.
Read MoreIn 2017, Ron Salter, and his waste fuel collection business, Salters Cartage Ltd, were convicted for a series of breaches of the Health and Safety in Employment Act 1992 and the Hazardous Substances and New Organisms Act 1996.
Read MoreWe are delighted to share that our Special Counsel Andrew Durrant has been recognised as a Rising Star in the list of NZ Lawyer’s Top Young Lawyers for 2024. The list recognises rising stars in the legal profession across all of New Zealand and all practice areas. He is one of only 56 rising stars that have been recognised. Andrew joined us as a graduate in 2011 and has become an integral part of our team. He is an accomplished insurance lawyer capable of handling complex construction and indemnity claims with a keen awareness of commercial realities. Congratulations Andrew, well deserved!
Read MoreIn a recent significant ruling by the Lawyers and Conveyancers Disciplinary Tribunal, the legal profession was given a stern reminder of the paramount importance of managing client conflicts.
Read MoreThe 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 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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