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New Zealand Bar Association

The New Zealand Bar Association is offering a seminar in civil litigation next Tuesday, 22 May...

Commerce Commission

The Commerce Commission has completed its investigation into the joint venture between Television...

Beehive.govt.nz

Labour Minister Kate Wilkinson has announced a package of measures that will extend...

guardian.co.uk

Tintin's adventures in the Belgium courts have ended in freedom for Tintin and disappointment for...

New Zealand Law Society

Four outstanding members of the in-house legal profession were acknowledged at the 25th annual...

NZ Law Society

The New Zealand Law Society is concerned that proposed reforms in the Law Commission’s...

Beehive.govt.nz

Justice Minister Judith Collins has asked the Law Commission to fast-track its recommendations...

Beehive.govt.nz

New Zealand’s Emissions Trading Scheme (NZ ETS) is working well overall, says Climate...

New Zealand Herald

Unions will be legally bound to carry out a secret ballot to approve strikes after a bill...

guardian.co.uk

The jury in the Oracle-Google trial was deadlocked on a key question: did Google's use of Java to...

guardian.co.uk

A family court Judge's crusade to shore up the institution of marriage is attracting criticism...

guardian.co.uk

A UK barrister who completed her pupillage in the 1980's was depressed to read an article that...

guardian.co.uk

The UK government is introducing legislation that would favour shared custody arrangements. It is...

Beehive.govt.nz

The current drug testing regime for drivers will not be changed, Associate Transport Minster...

Beehive.govt.nz

The Child Support Amendment Bill now before Parliament is the culmination of “the most...

Beehive.govt.nz

Foreign Affairs Minister Murray McCully today announced further support for international efforts...

Beehive.govt.nz

Acting Transport Minister Steven Joyce today welcomed the draft approval of Transmission Gully by...

Beehive.govt.nz

Conservation Minister Kate Wilkinson has welcomed the conviction of an endangered gecko smuggler...

Law Commission

The Commission received more than 70 formal submissions on its paper, "The News Media meets...

New Zealand Law Society

The Ministry of Justice has agreed to hold a further round of good faith negotiations with the...

Simpson Grierson

The Government is currently consulting on changes to the New Zealand Emissions Trading Scheme. In...

Simpson Grierson

The Heritage New Zealand Pouhere Taonga Bill does a lot more than change the name of the New...

Kensington Swan

The fines imposed for environmental prosecutions are rising. However environmental prosecutions...

Kensington Swan

While almost all modern businesses understand the need to provide a safe working environment for...

Chapman Tripp

​Investor-state arbitration is a mechanism whereby foreign investors can directly enforce...

Minter Ellison Rudd Watts

Recent political events have once again brought New Zealand’s electoral finance law to the...

Buddle Findlay

On 27 January 2012, China-based Shanghai Pengxin was granted consent under the Overseas...

Buddle Findlay

Further to our recent update relating to the exposure draft of the Bill (Draft Bill) amending the...

Brookfields

Registered Charities need to be aware of two important changes to the Charities Act 2005 (Act)...

Bell Gully

This paper was presented by Marija Batistich to the Environmental Law and Regulation Conference...

Bell Gully

Preparations for the mammoth task of drafting the Unitary Plan for Auckland are well underway....

Baldwins

In the early 2000s, few would have grasped the worldwide legal ramifications for offering file...

Brookfields

The District Court judgment in Thames-Coromandel District Council v Henare has been tested on...

Russell McVeagh

In this edition: Attempt to have climate change aired goes up in smoke - a...

Kensington Swan

Yesterday's landmark Supreme Court decision on the availability of ACC cover for unwanted...

Buddle Findlay

The clearance of indigenous vegetation is commonly controlled by district councils through...

The Law Report

Are you clearly communicating the latest developments with your clients? Is your message lost in...

Henry Harkness

An employer is faced with an accusation against an employee alleging misconduct. In an...

Henry Harkness

The Resource Management Act requires Councils to review District Plans every 10 years. The...

Russell McVeagh

In this edition: MATTER OF OPINION Something rotten... : The language is arcane....

Employment

Application to dismiss plaintiff’s challenge to an Employment Relations Authority determination which refused to order a reinvestigation of the parties' settlement – plaintiff received $40,000 in settlement of employment dispute – plaintiff brought unsuccessful proceedings in Authority alleging settlement was for $70,000 and sought compliance order for alleged debt – settlement not certified under s149 Employment Relations Act 2006 (“ERA”)(settlements) - application to reopen investigation to claim balance of alleged settlement on basis defendant’s witnesses perjured themselves – whether Authority had jurisdiction to enforce payment of an employment associated debt under s137 ERA (power of Authority to order compliance).

Resource Management

Appeal against a decision of the respondent to vary the District Plan to allow for more intensive development of the Wellington Waterfront – Variation 11 allowed for a “Zero Height Rule” which allowed for consents for new buildings of any height to be processed on a non-notified basis - whether Variation 11 was consistent with relevant planning documents concerned at promoting the heritage and open space of the waterfront – whether the non-notification presumption of Variation 11 breached the objectives of the Resource Management Act 1991.

Resource Management

Reasons for decision on whether the Environment Court had jurisdiction to determine the substantive merits of an appeal if the resource consent under appeal has been surrendered by the applicant – respondent granted applicant consent to establish a salmon farm – appellant argued area was not an Aquaculture Management Area and therefore application breached s12A(1) Resource Management Act 1991 (“RMA’) (restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas) – applicant surrendered resource consent – whether it was possible to surrender a resource consent that was under appeal pursuant to s138 RMA (surrender of consent) or that was yet to come into effect - whether the Court had any discretion to prevent or ignore the surrender of the consent.

Property

Application for interim injunction to prevent mortgagee sale of land – plaintiff obtained loan to fund subdivision of property – loan secured by mortgage over property – bank proposed variation of loan agreement that accelerated payment dates – plaintiff did not agree – bank refused to discharge mortgage and re-register over new titles of subdivided land - refused to lend further sums for completion of subdivision or for plaintiff’s living expenses until variation was signed – plaintiff weak financially and on professional advice, agreed to variation – whether the refusal to discharge and re-register the mortgage amounted to economic duress - whether bank was entitled to refuse to discharge in because it was in strong bargaining position and could use commercial leverage to obtain better terms for itself - whether the balance of convenience favoured granting interim relief.

Law Practitioners

Application for review of Standards Committee determination declining to uphold complaint of unsatisfactory conduct against law practitioner for non payment of disputed third party fees under r12.2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (personal responsibility of the lawyer to pay third party fees in the absence of arrangement to the contrary) – applicant engaged as expert witness by law firm on behalf of clients – dispute as to quantum of fees charged by applicant – applicant resisted all attempts by practitioner to resolve dispute – Standards Committee held resolution of dispute failed due to applicant’s conduct – whether the obligation to pay under r12.2 Conduct and Client Care Rules precluded the right to challenge fees considered to be excessive or unreasonable.

Law Practitioners

Application for review of Standards Committee determination cancelling fees and imposing costs and fines on the law practitioner for unsatisfactory conduct under s12(b) Lawyers and Conveyancers Act 2006 (unsatisfactory/unprofessional conduct by lawyers) – respondent instructed practitioner to obtain custody of respondent’s grandson who resided in England with his mother – practitioner represented herself she was experienced in family matters involving different jurisdictions – did not promptly instruct English solicitor as required – lawyer practitioner eventually approached and represented another interested party which led to a conflict of interest – documents were filed at last minute and some documents filed were irrelevant – practitioner difficult to contact - whether practitioner had failed to be proactive in her advice and steps she took by not instructing overseas solicitors in timely manner – whether practitioner had failed to advance her client's case with diligence.

Construction

Application under s290 Companies Act 1993 to set aside statutory demand issued in respect of construction contract claim – applicant engaged as quantity surveyor for construction of house – respondent subcontracted to supply aluminium joinery – some of joinery returned due to problems with it - respondent submitted invoice for payment to applicant after delivery – applicant issued payment schedule in response approving payment for some of sum apart from amount for defective joinery – contract terminated – respondent issued statutory demand – applicant claimed payment was not due until delivery was complete and return of joinery meant it was not complete – further claimed that documentation showed it had been acting as an agent for the owner – whether respondent had followed correct procedures in issuing payment claim – whether respondent was acting as an agent for owner.

Contract, Property

Challenge by plaintiff to notice of intention to cancel a lease and application for order for relief against forfeiture of lease – plaintiff ran big game hunting trophy business on Station Trophy Block (“ST Block”) of Mt Cook Station – three lease agreements entered into with defendants over the years together with variation of leases requiring plaintiff to destock Station paddocks other than the ST Block – following disputes, parties entered into Settlement Deed – agreed that plaintiff would de-stock the Station paddocks by certain date – defendants alleged plaintiff failed to destock areas as required and notice of intention to cancel lease served – whether obligation to remove stock was attached to lease when it related to land not covered by that lease – whether the doctrine of surrender and grant of lease applied – whether relief against forfeiture should be granted on grounds breach remedied, plaintiff’s behaviour not egregious and forfeiture would be out of proportion to breach.

Law Practitioners

Application to dismiss charges of breaching s241(c) Lawyers and Conveyancers Act 2006 (negligence or incompetence in professional capacity), r1.04 (must not act for more than one party) and r1.07 Rules of Professional Conduct for Barristers and Solicitors 2006 (must advise parties of conflict, advise to take independent advice and decline to act further if it would disadvantage one party) – practitioner acted for vendor and purchaser without prior consent – purchaser trust received independent advice but practitioner invited trustees to reject it and gave advice on merits of the transaction – some of trustees were in a position of conflict - whether experience of trustees negated duty to manage conflict.

Banking and Finance, Civil Procedure

Appeal from a High Court decision which declined to rescind interim asset preservation orders given under s60I Securities Act 1978 (“SA”) over the appellant’s property – orders related to existing and future assets owned by appellant legally and beneficially - appellant was being investigated for potential breaches of SA in his capacity as director of failed finance company - appellant offered to provide undertaking that existing assets would be preserved for the respondent - consideration of offering fresh evidence to appellate court as to continuation of order - whether High Court erred in not substituting undertakings.

Property

Application for order discharging caveat registered by first respondent on title of property – applicant was mortgagee under two registered mortgages over property – registered owner defaulted in both mortgages – property sold by mortgagee sale to an entity related to applicant for $2.5 million – first respondent placed caveat on title to protect its interest under an earlier sale agreement - applicant unable to complete sale to purchaser under the mortgagee’s power of sale because of caveat – applicant knew at all times of the earlier sale agreement – owner did not have funds to complete development – whether caveat could be based on an implied agreement by the applicant to forgo using its powers under the mortgage - whether the caveat should be removed as it had no practical advantage.

Insolvency

Application by shareholders of company to terminate liquidation under s250 Companies Act 1993 (Court may terminate liquidation) – company incorporated to carry out developments of commercial warehouse premises – defects discovered – company placed in liquidation by shareholders after development was complete and defects noted – unit owners claimed repair costs of over $2 million – unit owners and liquidator opposed application – whether unit owners were creditors - whether it was just and equitable to terminate the liquidation.

Civil Procedure, Law Practitioners

Appeal from High Court decision which set aside a default judgment entered in the appellant’s favour for outstanding legal fees – appellant represented respondent in property access dispute – respondent laid unsuccessful complaint about amount of bills under s132(2) Lawyers and Conveyancers Act 2006 ("LCA") (complaints – bills) – effect of s161 LCA (stay of proceedings for recovery of costs) – default judgment issued for appellant but set aside under r2.14.4 District Court Rules (plaintiff's proceeding comes to an end if the plaintiff does not serve the plaintiff's information capsule on the defendant within the 30 day period specified) – whether District Court went beyond its jurisdiction - whether appellant had been entitled to serve respondent by post.

Accident Compensation, Statutory Interpretation

Appeal from District Court decision that held respondent was entitled to receive weekly compensation after he had turned 65 – respondent first injured in 2006 – returned to work mid-2007 - earlier injury reactivated in mid-2009 – appellant cancelled respondent’s compensation pursuant to cl 52 Schedule 1 Accident Compensation Act 2001 (loss of entitlement to weekly compensation if that claimant first became entitled to weekly compensation before reaching superannuation qualification age and had been entitled to it for 24 months or longer before that age) – definition of “first” under cl 52 – whether cl 52 applied at all.

Company, Insolvency

Application to continue interim freezing order against sixth defendant – plaintiff was failed finance company – sold its shareholding in a subsidiary company to the sixth defendant (its parent company) for $1000 – company sold a year later for $3m – same group of directors for both companies – receivers alleged company had been sold at gross undervalue – whether directors of each company owed plaintiff fiduciary duties and duties under s131 Companies Act 1993 (duty of directors to act in good faith and in best interests of company) – whether directors preferred the interests of parent company – whether parent company held sale proceeds as a constructive trustee – whether plaintiff had a “good arguable case” to continue freezing orders.

Education, Statutory Interpretation

Application for declaratory relief by plaintiff as to whether s36 (attendance dues) and s40 Private Schools Conditional Integration Act 1975 (powers and responsibilities of proprietors), allowed schools to lawfully recover the cost of charging, recovering and accounting for those dues - whether “revenue” under s36 meant gross or net revenue - whether collection costs came within charges associated with land and buildings.

Resource Management

Appeal from a decision of the respondent which declined resource consent for the appellants to construct a deck on the second level of their beach front house – appellant reduced deck size on appeal - cross-lease – common area between appellant’s unit and beach which other unit owners used - whether deck encroached over common area – whether deck exceeded maximum building coverage rule – whether unconsented decks on other units should be included in calculating building coverage figure – whether deck affected coastal amenities - whether consent would create a precedent.

Criminal Sentencing

Appeal against sentence of four years and seven months’ imprisonment on charges of wounding with intent to injure and aggravated burglary on ground no discount allowed for serious mental illness – appellant suffered from bipolar disorder and had a history of drug misuse and sexual abuse – with co-offender had attacked 62 year old male believing he was sexually interfering with her son – sentencing judge granted discount in respect of guilty pleas but failed to consider appellant’s mental illness as a mitigating factor – whether discount of 20% to allow for appellant s mental disorder was appropriate.

Gambling

Appeal against High Court’s decision that advertising on Asia Pacific Poker Tour (APPT) on television was a breach of s16 Gambling Act 2003 (advertising overseas gambling prohibited) – players in tournament paid entrance fee and competed for chance to share in prize pool made up from all the entrance fees paid by all players - whether payment of the entrance fee was a payment staked on the outcome of the competition - whether controlling factor in AAPT tournament was chance so as to be within definition of outcome depending wholly or partly on chance.

Commercial, Company, Insolvency

Application by liquidator for orders under s37 Receiverships Act 1993 (orders to enforce receiver's duties) to compel receivers to provide documents – liquidators and receivers in dispute concerning payments made by the receivers under s30 (preferential claims) – liquidators requested documents under s261 Companies Act 1993 (power to obtain documents of the company) concerning receivers’ costs – served notice to comply by email to address that had been used before – evidence suggested it had not been received - whether service of notice to receivers by email was a designation of an information system for the purpose of receiving electronic communications under s11 Electronic Transactions Act 2002 (time of receipt) – whether material was “of the company” under s261 as it was created after companies placed into receivership – whether request should have been made under s262 (documents in possession of receiver) - whether request was oppressive – whether receivers entitled to remuneration under s261.

Employment

Banking and Finance

Taxation

Local Government

Local Government

Banking and Finance

Banking and Finance

Incorporated Societies

Intellectual Property

Property

Constitutional

Criminal

Constitutional

Social Security, Taxation

Immigration

Commercial, Customs

Banking and Finance, Commercial

Banking and Finance

Commercial

Local Government