Legal articles & publications

Review of insurance contract law – calling for submissions

By: Annie Cao

Do not let the unlucky submission closing date of Friday 13 July 2018 put you off having a say in the Government's review of insurance contract law.

Rating powers of local authorities

By: Lucy de Latour, Imogen Edwards

The Court of Appeal recently issued its judgment in Northland Regional Council v Kaipara District Council [2018] NZCA 63, being the latest development in a longstanding argument regarding the validity of rates set by the Northland Regional Council.

Draft National Planning Standards – painting by numbers, or draconian straitjacket?

By: Kirstie Wyss, Lucy de Latour

The Ministry for the Environment has released the first set of Draft National Planning Standards for public consultation. It is expected that further standards will be developed over time. The stated intention is that national planning standards will make plans easier to use and prepare under the Resource Management Act 1991.

The power of 'big data' and privacy reforms

By: Anthony Drake

George Orwell wrote literary criticism and one of his best known books is the dystopian novel ‘1984’. The novel was written in 1947 and identified such terms as “Big Brother”, ‘doublethink’ and ‘newspeak’ which have become part of everyday language. Who would have thought 70 years later we would still be grappling with the same fairy-tale relationship between morality and privacy.

Family Protection Act: (un)enforceable contracting out provisions

By: James Anson-Holland

The situation is seen all too often. In contemplation of spousal separation, or in preparation for death, individuals and members of their immediate family will often enter into inter vivos deeds of separation or deeds of family arrangement. The purpose for entering into these deeds often involves managing sensitive interfamilial relationships.

Hawkins liable for $13.4 million: summary of the latest case involving builder negligence

By: Shane Campbell

In a judgment released on 1 May 2018 Downs J, in a 344 paragraph judgment, has found H Construction North Island Limited (formerly Hawkins Construction North Island Limited) liable for serious building defects at the Botany Downs Secondary College.

Defective earthquake repairs: who should you sue?

By: Bethany Entwistle

Deciding who is responsible for defective earthquake repairs is a common predicament for many homeowners. The difficulty stems from the involvement of several parties in the earthquake repairs. These may include the Earthquake Commission, a private insurer, brokers, a loss adjuster, engineers, contractors and subcontractors.

More changes for local authorities and plantation forestry

By: Michelle Mehlhopt

As we count down to the National Environment Standards for Plantation Forestry coming into force on 1 May 2018, amendments have been gazetted this week that will have implications for how local authorities recognise the NES in their plans.

Further protection for New Zealand's marine environment

By: Michelle Mehlhopt

From 15 May 2018, all commercial and recreational vessel operators will need to comply with the Craft Risk Management Standard (the Standard) for Biofouling on Vessels arriving into New Zealand Territory. This represents a significant step forward in marine biosecurity management in New Zealand as we will become the first country in the world to introduce a nationwide standard for biofouling to prevent pests entering our waters from overseas.

What's going on around your water cooler? Finding love at work

By: Anthony Drake

The Me Too movement and the use of its hashtag on social media has changed the way many employers should view the workplace environment. Workplace culture is now under the microscope like never before! One of the biggest dilemmas employers face is often the mismatches of perceptions at work where one person thinks they are flirting, while the other person feels like they are being harassed or objectivised. The situation becomes even more complex with office romances.  

Insolvency update April 2018

By: Stephanie Woods, Jordan Halligan

This article provides an update on insolvency matters with reference to recent case law.

Legislative update: restoring the "four aspects of well-being"

By: Lucy de Latour, Imogen Edwards

The Government has introduced two new Bills which are due to have their First Reading next week: the Local Government (Community Well-being) Amendment Bill, and the Local Electoral Matters Bill.

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