Legal articles & publications

A new look for the law of contempt in New Zealand?

By: James Anson-Holland

The purpose of this article is to provide a brief overview of the current position on the law of contempt and to summarise the Law Commission's recommendations and the Government's Response in order to comment on the future scope of contempt in New Zealand.

Enforcement of Employment Standards

By: Amanda Douglas, Amy Cradock

Recent decisions of the Employment Relations Authority indicate that the Labour Inspectorate is cracking down on workplaces to ensure that minimum employment standards are being met.

Double Insurance or Seamless Cover? When the Inception Time of Insurance Cover Matters

By: Hazel Bowering-Scott

The time of inception on an insurance policy has recently been considered by the High Court in Body Corporate 74246 & Ors v QBE Insurance (International) Limited and Allianz Australia Insurance NZ [2017] NZHC 1473.

Court of Appeal revisits the lawyer-litigant exception in costs

By: Shane Campbell

On 14 June 2017 the Court of Appeal held that the lawyer-litigant exception is not justifiable under the specific costs rules now in place. This article summarises the rationale of the decision.

Amendments to the National Policy Statement for Freshwater Management 2014

By: Kirstie Wyss, Lucy de Latour

The National Policy Statement for Freshwater Management 2014 provides national direction for the management of freshwater under the Resource Management Act 1991. On 7 August 2017, the Government announced amendments to the NPSFM which will come into force on 7 September 2017.

PCE calls for a legislated process to reduce emissions

By: Annie Cao

The Parliamentary Commissioner for the Environment's latest report, released on 27 July 2017, highlights and addresses the lack of a clear process to achieving New Zealand's emissions reduction targets.

National Environmental Standards for Plantation Forestry

By: Michelle Mehlhopt, Imogen Edwards

The much anticipated National Environmental Standards for Plantation Forestry Regulations were notified in the NZ Gazette on 3 August 2017. These Regulations, which come into force on 1 May 2018, establish a new nationwide consenting regime for plantation forestry activities.

Health and Safety at Work Act 2015 – A Landlord's Perspective

By: Hayden Baird

This article considers what is required of landlords, whether commercial or residential, under the health and Safety at Work Act 2015.

The Arbitration Amendment Bill 2017

By: Jeremy Johnson

Jeremy Johnson contributes to an article on The Arbitration Amendment Bill 2017 for LawTalk Magazine.

Natural Hazard Management under the RMA

By: Michelle Mehlhopt, Philip Maw

Events such as the Christchurch earthquake sequence of 2010-2011, the November 2016 earthquake in Kaikoura and flooding in the Bay of Plenty earlier this year illustrate the need to effectively plan for, and respond to, natural hazards. Accordingly, the management of natural hazards has been given increasing importance in the recent amendments to the Resource Management Act 1991 (RMA or Act).

Arbitration of trust disputes: a new frontier

By: Jeremy Johnson, Stephanie Woods, James Anson-Holland

The Arbitration Act 1996 (Act) was enacted to facilitate the arbitration of commercial disputes and to enable international arbitration so that disputes decided here can be easily enforced in other jurisdictions. In principle, the incorporation of an arbitration clause should lead to the successful resolution of such disputes in a private, expeditious, and cost-effective way.

Is self-representation a good idea?

By: Bethany Entwistle

In New Zealand, you have a right to go to court and represent yourself; self-representation procures access to the courts. But, whether it provides access to justice is another question.

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