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Did you know that our LexisNexis training webinars are complimentary and most are
CPD compliant?
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Wednesday, 8th of May at 2pm
In this session, we provide an orientation to Lexis Advance. Learn to harness the power of the Lexis Advance search engine to find commentary, case law, legislation, forms and precedents, and practical guidance on different areas of law. This session will enable you to find what you need quickly and save you time.
Duration: 60 min
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Tuesday, 14th of May at 11am
Using Alerts and Folders on Lexis Advance: Become more skilled and efficient in your research. Join this session to learn how alerts on Lexis Advance can be set up to keep up to date with new developments in case law, legislation and subjects of interest to you. We will also explain how to use folders more effectively to assist you in keeping your research material up to date and in order so it can be easily accessed and downloaded.
Duration: 60 min
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Thursday, 16th of May at 11am
Attend this session to learn how LexisNexis's suite of employment law publications sets you up with authoritative resources to power your employment practice. You’ll get insight into our range of expert employment commentary, including publications such as Mazengarb’s Employment Law, the Employment Law Bulletin, the New Zealand Law Journal, Privacy Law and Practice, the Laws of New Zealand Employment titles and the Practical Guidance module on Employment. We’ll also explore case law and legislation resources, including our powerful citators LexCite™ and CaseBase®.
Duration: 60 min
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Thursday, 23rd of May at 2pm
Get a better understanding of how CaseBase and LexCite work as our case law and legislation citators. Understand the sources from which they draw their information and how they can be used to aid your legal research and save you time. In this session, we will cover linking directly to commentary and cases from legislation, and identifying other cases that may be useful and sections of legislation mentioned throughout the case.
Duration: 60 min
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Practical Guidance: Criminal
Latest legal updates
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New Zealand Employment Law Reports
Volume 20 Part 3 is now available online.
Breen v Prime Resources Company Ltd — (2023) 20 NZELR 161
Procedure — Jurisdiction — Personal grievance or dispute — Contract interpretation follows dispute procedure — No jurisdiction to use personal grievance procedure — Employment Relations Act 2000, ss 103 and 129.
MGK Homes Ltd v Yoon — (2023) 20 NZELR 168
Dismissal — Resignation — Challenge to dismissal determination — Evidence review — Credibility factors — Whether dismissal unjustified — Whether claim in time — Trigger date when left employment not dismissal event — Employment Relations Act 2000, s 103A.
Remedies — Adequacy of mitigation — Court could not increase compensation when not challenged — Employment Relations Act 2000, s 123.
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Medina Trading Ltd (t/as Hotel Debrett) v Hunter — (2023) 20 NZELR 179
Procedure — Jurisdiction — Challenge to part only of determination must be non-de novo — Employment Relations Act 2000, s 179.
Ministry of Business, Innovation and Employment v Duan — (2023) 20 NZELR 188
Challenge to determination — Statutory interpretation — Purposive approach — Paid parental leave regime — Test case — Parental Leave and Employment Protection Act 1987.
Challenge to determination — Time limit for application for paid parental leave — Primary carer.
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New Zealand Air Line Pilots’ Association IUOW Inc v Tasman Cargo Airlines Pty Ltd — (2023) 20 NZELR 200
Collective agreement — Wage increase announcement — Wage increase subsequently not paid to union members — Bargaining for collective agreement — Whether announcement agreement for pay rise — Whether wage increase precluded by collective agreement — Whether pay rise announcement overtaken by bargaining — Unlawful preference — Arrears — Breach of good faith — Employment Relations Act 2000, ss 4, 4(1A), 9, 10, 32, 32(1)(d)(iii) and 137.
Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd — (2023) 20 NZELR 214
Restructuring — Transfer of employees — Disclosure of information — Continuity of employment — Information relevant to continuation of employment — Text and purpose of continuity of employment provisions — Whether information provided sufficient — Adverse comments made by Employment Relations Authority in determination — Natural justice — Standing — Whether employees transferred to another company in group of companies — Penalty — Employment Relations Act 2000, ss 69F, 69G(2)(e)(ii), 69I(2), 69J, 69J(1), 69J(2), 69LA, 69LB, 69OB, 69OB(1)(a)(iv)(B), 69OB(1)(a)(iv)(C), 69OEA, 130, 130(1A), 130(2), 173(1)(a), 188(4), 189, part 6A and sch 1A — Holidays Act 2003, s 81(2) — Legislation Act 2019 — Parental Leave and Employment Protection Act 1987.
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Family Law Service
Service 215 (April 2024) is now available online.
This service includes legislative amendments and new case commentary in the chapters of Adoption, Care and Protection, Intellectual Disability, Marriage, Practice and Procedure and Relationship Property.
Practical Guidance: Family
Latest legal updates
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New Zealand Family Law Reports
Volume 2023 Part 13 is now available online.
Salih v Almarzooqi — [2023] NZFLR 560
Conflict of laws — Contract — Nikah (Islamic marriage contract) — Proper law — No express choice — Jurisdiction with which contract had closest and most real connection — New Zealand law governed.
Contract — Illegality — Nikah not illegal under New Zealand law — Nikah not rendered void by Domestic Actions Act 1975 — Nikah not rendered void as unlawful contracting out of Property (Relationships) Act 1976 — Enforcement of nikah not contrary to public policy at common law.
Contract — Construction — Nikah to be construed applying ordinary principles — Ordinary principles permitted consideration of general principles of Sharia law in interpretation of contract — No evidence of such principles in present case — Matter remitted to High Court.
Conflict of laws — Recognition and enforcement of judgments — Divorce order made by Dubai Personal Matters Court — Appellant did not subject to jurisdiction of Dubai court — Dubai court had no jurisdiction over parties — Divorce order could not be raised as res judicata.
Belle v Pearsall — [2023] NZFLR 591
Application for interim orders — Application for summary judgment — Jurisdiction — relationship property — Spousal separation — Companies Act 1993, s 174 — Evidence Act 2006, s 57 and s 57(3) — Property (Relationships) Act 1976, ss 1C, 2H, 4, 4A, 8, 9, 9A, 10, 11, 11A, 11B, 20E, 22(1), s 25 and 38A — Property Law Act 1952, s 140 — Property Law Act 2007, s 339 — High Court Rules 2016, rr 5.49(6), 7.55 and 7.57.
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Martin v Martin — [2023] NZFLR 601
Prejudiced shareholders — Objection to jurisdiction — Transfer of business — Spousal separation — Companies Act 1993, s 174 — Family Court Act 1980, s 11 — High Court Rules 2016, r 5.49 — Property (Relationships) Act 1976, ss 8, 22, 25, 33(5) and 38A.
Volume 2023 Part 14 is now available online.
Chen v Hai — [2023] NZFLR 608
Child support — Departure order — Whether departure order warranted — Three properties registered in father’s name — Whether father receiving rent from properties as income — Properties funded by father’s parents — Chinese culture — Lack of formal documentation — Whether father holding properties on trust for parents — Whether properties unrentable — Unable to comply with healthy homes legislation — Child Support Act 1991, s 96B.
Public Trust v AL — [2023] NZFLR 617
Personal and property rights — Partial incapacity — Appointment of property manager — Appointment of welfare guardian — Need for further medical report — Gap in evidence — Need for property manager outside of family — Protection of Personal and Property Rights Act 1988, ss 5, 8, 12(2), 28 and 31.
Brooke v Jordan [Costs] — [2023] NZFLR 621
Property — Proceedings — Costs — Interlocutory applications — Relevance of pre-proceedings conduct to categorisation of costs — Relevance of District Court Rules to fixation of quantum of costs — Property (Relationships) Act 1976, s 40 — Family Court Rules 2002, r 207 — District Court Rules 2014, r 207(2).
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Lambert v River — [2023] NZFLR 626
Relationship property — De facto relationship — Property disposition — Engagement ring — Value of ring — Risk of isolating single item where couple lived in de facto relationship — Domestic Actions Act 1975, s 8 — Property Relationships Act 1976, ss 2E, 10, 14, 14A and 25(3).
Palmer v Doyle — [2023] NZFLR 633
Domestic violence — Protection order — Discharge of order — Whether protection order continuing to be necessary — Test and criteria for discharging protection order — Consideration of all evidence — Provocative actions of respondent in whom protection order favoured — Totality of appellant’s conduct — Nature and seriousness of past domestic violence — Pattern of past violence — Family Violence Act 2018, ss 3(2), 4, 109, 110(2) and 177.
Vaifo’ou v Vaifo’ou — [2023] NZFLR 646
Relationship property — Division of property — Sale of family home — Value of family home — Equal sharing — Occupation rent — Whether equal sharing limited to the period the marriage existed — Whether proper basis for ordering occupation rent — Comparison of costs of both parties post-separation — Discretion of court — Property (Relationships) Act 1976, ss 2F, 2G, 11, 13, 18B and 39.
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Rob Batty & Kevin Glover
RRP*incl GST: $160.00 $144.00 (pre-order price)
ISBN: 9781988598628 (book)
Projected publication date: July 2024
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Neil Campbell
RRP*incl GST: $150.00 $135.00 (pre-order price)
ISBN: 9781988598932 (book)
Projected publication date: June 2024
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New Zealand Resource Management Appeals
Volume 2024 Part 2 is now available online.
Tuna v Te Urewera Board — [2024] NZRMA 41
Te Urewera — Land — Improvements — Ownership vested in Crown — Demolition of Crown improvements in manner consistent with annual operational plan — Huts situated in Te Urewera vested in Crown — Huts could be lawfully demolished in manner consistent with annual operational plan — Huts could not be lawfully demolished absent such plan — Absence of such plan could not be remedied by adoption of retrospective plan — Adoption of resolution purporting to authorise demolition of huts, and actual demolition of huts, unlawful in absence of annual operational plan — Te Urewera Act 2014 ss 3 4 5 6 53 56 and 95.
Te Urewera — Administration — Duty to consult — No duty to consult under express terms of statute — No duty to consult implied by reason of fairness — Te Urewera Act 2014 ss 3 4 5 6 53 56 and 95.
Puketotora Lodge Ltd v Bluegum Gospel Hall Trust — [2024] NZRMA 77
Enforcement order — Compliance with conditions of resource consent — Stormwater management facility — Whether adverse effects arising from resource consent — Risk of increased flooding — Seeking upgrade of design of stormwater management system — Required information not provided until after construction had commenced — Whether change in circumstance from development of site — Resource Management Act 1991 ss 310 314 316 and 319.
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Volume 2024 Part 3-4 is now available online.
Greenpeace Aotearoa Inc v Hiringa Energy Ltd — [2024] NZRMA 93
Resource consents — Fast-track consenting — Referral of projects to expert consenting panel — Panel granted consent for construction of hydrogen plant — Proposed use of hydrogen was for feedstock for urea — Application proposed transition, over five-year period, to supply hydrogen fuel for commercial and heavy transport — Panel imposed requirement that applicant merely report on progress towards transition — Dispute whether Panel intended applicant actually complete transition — Panel did not err in imposing mere reporting condition — Panel did not err concluding that Project, with conditions, was consistent with Treaty of Waitangi principles — COVID-19 Recovery (Fast-track Consenting) Act 2020 ss 6 10 Sch 6 cls 20 21 31 32 and 36.
Cloud Ocean Water Ltd v Aotearoa Water Action Inc — [2024] NZRMA 163
Grant of consent — Use of water for water bottling — Whether use of water could be disaggregated from water take — regional rules applied — Resource Management Act 1991 ss 14 and 30.
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Immigration and Protection Law Reissue 1
Updated and new content for the first reissue of the “Immigration and Protection Law” tile is now available online, ahead of its completion in full. The title now features completely new content written by Judge Martin Treadwell, in addition to content already published, as well as content already published and written by Debra Smallholme and Sharelle Aitchison.
New Parts have been added into the title to include coverage of the following topics:
- Part VIII Detention and Monitoring, which, alongside a new Chapter relating to arrest and detention (Ch 38), includes coverage in relation to the purpose of the statutory regime in that regard under the Immigration Act 2009 in New Zealand (Ch 37), warrants of commitment, including in relation to mass arrival groups (Ch 39), and related matters such as detention and monitoring applications involving classified information (Ch 40), duties of detaining officers (Ch 41), forms of custody (Ch 42), delivery of persons for the purpose of deportation (43), and special provisions that may apply during an epidemic (Ch 44).
- Part IX Offences, Penalties, and Proceedings, which, alongside new Chapters for the coverage of specific offences and penalties, including infringement offences applying to carriers or persons in charge of a craft, and to employers in New Zealand (Chs 45 - 47), offers new content as regards evidence in proceedings and other procedural matters in relation to offences (Chs 48 and 49); and
- other important matters sitting in Part X Miscellaneous Provisions, such as provisions applying to minors, endorsement of New Zealand citizenship in foreign passports, the relationship between the Act and the Human Rights Act 1993, and operational matters such as the designation of immigration officers, fees bonds and levies, and regulations.
Content for the remainder of the reissued title is currently in development and will be published in successive uploads as it becomes ready for release, until the title has been completed in full, at which point it will also be published in hard copy format.
Discovery Reissue 1
New content is now available online for the “Discovery” title, the first reissue of which has been partially published online, ahead of its completion in full. Written by Adrienne Wing, Part I of the title now covers introductory matters for this topic, ranging from the general purpose of discovery and its origins (Chs 1 and 2), obligations of the parties (Ch 3), and types of discovery and orders (Chs 4 - 6). Part I also includes Chapters dealing with privilege and confidentiality, and costs awards (Chs 7 and 8, respectively).
Content for the remainder of the reissued title is currently in development and will be published in successive uploads as it becomes ready for release, until the title has been completed in full, at which point it will also be published in hard copy format.
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Practical Guidance: Trusts
Latest legal update
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Ben Thompson
RRP*incl GST: $130.00
ISBN: 9781988598253 (book)
ISBN: 9781988598260 (ebook)
Publication date: 21 December 2023
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The New Zealand Women’s Law Journal Trust
RRP*incl GST: $30.00
ISBN: NZWLJ2023VOL8 (book)
Publication date: 20 March 2024
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Disclaimer: This service is intended to provide a summary of information recently made available on the LexisNexis online legal platform. The contents of Summing Up do not purport to be professional advice on any particular matter. The publishers therefore accept no liability for any claim or other action that may arise from the use of the information provided in this publication.
© LexisNexis NZ Limited 2024. All rights reserved.
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