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Commercial Law in New Zealand
Service 82 is now available online.
This service contains updates to the Competition Law, Specific Contracts, Secured Transactions and Hire Purchase, and Fair Trading Act commentary.
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Brenda Midson
RRP*incl GST: $50.00 $45.00 (pre-order price)
ISBN: 9781988598345 (book)
ISBN: 9781988598352 (eBook)
Projected publication date: September 2024
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Andru Isac (editor)
RRP*incl GST: $150.00 $135.00 (pre-order price)
ISBN: 9781988598901 (book)
Projected publication date: November 2024
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Privacy Law and Practice
Service 126 is now available online.
Commentary to the Privacy Act 2020 has been updated in this service. Updates have also been made to the following guidecards: Adoption; Business and Administrative Practices; Codes of Practice; and Law Enforcement. Please see update page (links below) for specific sections.
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Employment Law Bulletin
Issue 3 of 2024 is now available online.
This issue’s theme is “A global perspective and New Zealand’s place within it”. The articles included are: “Secure jobs, better pay, fewer loopholes and other tales from across the ditch”, by Aaron Dearden and Alex Gallagher; “International trends in Employment Law 2024”, by Carl Blake and Alice Itasheva; “Modern slavery law reform in New Zealand”, by Nicola Swan and Sarah Kuper; and “United Nations’ employment law”, by Former Chief Judge Graeme Colgan.
Our Q&A is with Professor Ahorangi Rangiānehu Mātāmua, and our two case comments are: Mount Cook Airline Ltd V E Tū Inc [2024] NZCA 19, by Nick Logan and Ranjini Vasanthan; and Team Group Realty Ltd (t/as Harcourts Paremata) v Cardno [2024] NZHC 553, by Miles Davis.
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New Zealand Employment Law Reports
Volume 20 Part 5 is now available online.
Pilgrim v Attorney-General (sued on behalf of the Ministry of Business, Innovation and Employment, Labour Inspectorate) (No 2) — (2023) 20 NZELR 316
Employment status — Employer identity — Gloriavale — Whether employer had to be person or entity recognised at law — Whether individual holding title of Overseeing Shepherd employer — Novation — Equity and good conscience — Court’s power to identify true employer on own motion — Application for adjournment — Employment Relations Act 2000, ss 6, 189 and 221 — Interpretation Act 1999.
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Pact Group v Sheridan — (2023) 20 NZELR 333
Collective agreement — Contractual notice period — Meaning of “two weeks from today” — Unjustified dismissal claim — Whether personal grievance raised in time — Letter providing “two weeks contractual notice from today” — Whether two weeks’ notice period including day notice was given in letter — Employment Relations Act 2000, ss 114(4)(a) and 115(c).
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Progressive Meats Ltd v WorkSafe New Zealand — (2023) 20 NZELR 340
Health and safety — Appeal against conviction — Obligation to train and supervise employees — Robust system not enough if not implemented — Health and Safety at Work Act 2015.
Health and safety — Appeal against conviction — Liability of person conducting business or undertaking for acts or errors of delegate or agent — Health and Safety at Work Act 2015.
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Keighran v Kensington Tavern Ltd — (2024) 20 NZELR 353
Personal grievances — Humiliation, loss of dignity, and injury to feelings — Medical evidence relevant but not necessary — Medical evidence appropriate where evidence given of necessity for professional intervention — Employment Relations Act 2000, s 123(1)(c)(i).
Good faith — Penalties — Employee charged with indecent assault following incident in workplace — Employer changed employee’s position without consultation — Employer informed employee that his position had been made redundant without any prior discussion and in front of other staff — Employer breached duty of good faith — Employment Relations Act 2000, s 4.
Terms and conditions — Individual employees — Individual employment agreements — Obligation to retain copy of individual employment agreement — Employer could not produce copy upon request — Modest penalty appropriate — Employment Relations Act 2000, ss 6 and 64(3).
Personal grievances — Remedies — Reimbursement — Lost remuneration — Three months’ lost wages appropriate — Employment Relations Act 2000, s 128(2).
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E Tū Inc v New Zealand Steel Ltd — (2024) 20 NZELR 369
Collective agreement — Interpretation — Relational contracts — Admissibility of evidence — History of prior agreements and practice.
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WorkSafe New Zealand v Institute of Geological Nuclear Sciences Ltd — (2024) 20 NZELR 380
Sentencing — Failure to communicate risk information — Compliance was simple and inexpensive — White Island/Whakaari eruption — Health and Safety at Work Act 2015.
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Practical Guidance: Family
Latest Legal Update
Ex partner’s bankruptcy annulled in Court of Appeal relationship property case
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New Zealand Family Law Journal
Included in this issue (2024) 11 NZFLJ Part 5:
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- Obituary for Professor Dick Webb
- The well-being and best interests of tamariki Māori in the care and protection system: reclaiming culture (article by V J Stanbridge, M King-Howell and C K Merrick)
- Throuple in paradise: an analysis of Mead v Paul and the division of property in polyamorous relationships (article by Flora X Xie)
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New Zealand Family Law Reports
Volume 2023 Parts 17 and 18 are now available online.
Re Jacobs — [2023] NZFLR 750
Adoption — Step-parent adoption — Dispensation of consent by father to adoption — Whether father had failed to exercise the normal duty of care of parenthood — Mother not supportive of father’s relationship with daughter — Father having considerable difficulty in maintaining relationship with daughter due to actions of mother — Refuse/resist — Adoption Act 1955, ss 8 and 11 — Care of Children Act 2002, ss 5, 46G and 133.
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Vile v Lerner — [2023] NZFLR 765
Maintenance — Overseas maintenance order to pay child maintenance/support — Whether overseas maintenance order registered in New Zealand can be discharged or arrears remitted — Family Proceedings Act 1980, ss 136, 142A, 142B and 142F.
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Curran v Curran — [2023] NZFLR 768
Formula assessment — Departure order — Just and equitable — Special circumstances — Otherwise proper — Ground 7 — Ground 8 — Child Support Act 1991, ss 4, 4(d), 103B(5), 103D, 104, 105, 105(1) and 105(2)(b)(iii).
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W v W — [2023] NZFLR 782
Relationship property — Practice and procedure — Hearing — Requirement that hearing be fair — Excessive interventions by primary judge during cross-examination of appellant — Evident conclusion by primary judge that appellant had committed perjury — Appellant convicted of perjury, but conviction reversed, after determination of relationship property hearing — Appeal from judgment on ground that judgment was nullity because trial was conducted by primary judge in unfair way — Appeal allowed.
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Morgan v Henry — [2023] NZFLR 817
Trusts — Distribution of trust property — Post-nuptial trust — Settlement — Application filed before dissolution of marriage — Jurisdiction — Terms of trust — Whether equal sharing repugnant to justice — Contributions to trust assets and relationship — Comparison of future needs — Property (Relationships) Act 1976, ss 1M, 1N, 8, 13, 18, 44 and 44C — Family Proceedings Act 1980, s 182.
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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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The Bills of Exchange, Credit and Finance, Guarantees and Indemnities titles have been reviewed and updated.
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Adams’ Land Transfer
Service 113 is now available online.
This service includes updates to the following Parts: Part 1 Preliminary provisions [ss 3–8]; Part 2 Land title and registration [ss 9–72] – Subpart 1 Land title register [ss 9–50] and Subpart 3 Compensation [ss 58–72]; Part 3 Dealings in estates and interests in land [ss 73–154] – Subpart 1 Transfers, transmissions, and vesting [ss 73–90], Subpart 2 Leases [91–98], Subpart 3 Mortgages [ss 99–106] and Subpart 7 Caveats [ss 138–152]; and Part 5 Miscellaneous provisions [ss 1208–250] – Subpart 1 General provisions [ss 208–236]. Please see update page (links below) for specific sections.
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Neil Campbell
RRP*incl GST: $149.99
ISBN: 9781988598932 (book)
Publication date: May 2024
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Thomas Gibbons & Charlotte Muggeridge
RRP*incl GST: $150.00 $135.00 (pre-order price)
ISBN: 9781988598567 (book)
ISBN: 9781988598574 (ebook)
Projected publication date: August 2024
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Jason Goodall KC
RRP*incl GST: $220.00 $198.00 (pre-order price)
ISBN: 9781988598123 (book)
Projected publication date: October 2024
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New Zealand Resource Management Appeals
Volume 2024 Parts 5 and 6 are now available online.
Raukawa Charitable Trust v South Waikato District Council — [2024] NZRMA 191
Judicial review — Resource consent — Pre-existing uses of land contravening subsequent district plan rules — Certificate of compliance granted to quarry activities in 1999 — Lawfulness of certificates — Archaeological pā site — Setting aside of certificate — Whether extremely strong reasons to decline relief — Reliance on certificates for over 20 years — Heritage New Zealand Pouhere Taonga Act 2014 — Resource Management Act 1991, ss 9, 10, 139 and 139A — Resource Management Amendment Act 1993, s 79.
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Smith v Fonterra Co-operative Group Ltd — [2024] NZRMA 202
Appeal — Strike out of claim in tort — Public nuisance — Negligence — Proposed climate system damage tort — Whether tikanga can inform formulation of tort claims — High Court Rules 2016, r 15.
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Fleet v Ashburton District Council — [2024] NZRMA 259
Appeal against decision on objection — Fair and reasonable administrative charges — De novo hearing on appeal — Resource Management Act 1991, ss 36, 100A, 357B and 358.
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Ours Not Mines Ltd v Hauraki District Council — [2024] NZRMA 267
Lease — Licence — Judicial review — Paper road — Unformed road — Right to occupy part of paper road — Right to pass and repass on road — Access infrequent and difficult — No power to grant lease — Was right licence or lease — Did right constitute public nuisance — No ability to authorise public nuisance — Crown Minerals Act 1991, ss 54 and 93 — Land Transfer Act 2017, s 55 — Local Government Act 1974, ss 315, 316, 317, 319, 331, 332, 333, 334, 334A, 336, 338, 339, 341, 344, and 357 — Local Government Act 2002, ss 12, 14, 145 and 191 — Resource Management Act 1991, s 95A — Hauraki Nuisance Bylaw 2019, cls 2 3.2 and 3.5.
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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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Michael Littlewood & Janet McLean (editors)
RRP*incl GST: $90.00 $81.00 (pre-order price)
ISBN: 9781988598147 (book)
ISBN: 9781988598154 (ebook)
Projected publication date: October 2024
Due to be a Textbook Online and Red Book in 2025
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A Good Practice Guide to Statutory Interpretation in Aotearoa New Zealand, 1st edition
Ross Carter
RRP*incl GST: $100.00 $90.00 (pre-order price)
ISBN: 9781991015020 (book)
ISBN: 9781991015037 (ebook)
Projected publication date: September 2024
Due to be a Textbook Online and Red Book in 2025
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The Law and Practice of Charities in Aotearoa New Zealand,
2nd edition
Susan Barker, Steven Moe, Mihiarangi Piripi & Tai Ahu
RRP*incl GST: $150.00 $135.00 (pre-order price)
ISBN: 9781988598123 (book)
ISBN: 9781988598130 (ebook)
Publication date: October 2024
Due to be a Textbook Online and Red Book in 2025
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Did you know that our LexisNexis training webinars are complimentary and most are
CPD compliant?
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Tuesday, 16th of July at 1pm
In this workshop, our LexisNexis research trainer will equip you with how to use Lexis Advance for your university studies. Find important cases and commentary on different areas of law, fast! Locate legislation and relevant case law and commentary. Improve your use of keywords to zero in on what you need. Spend an hour to save hours of research time and set you up for research success!
Duration: 60 min
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Wednesday, 17th of July at 1pm
Join us to find out more about our new innovation, Lexis+, a powerful and intuitive interface to deliver legal research outcomes faster and more effectively. In this session we investigate the new features: Lexis Answers®, Leading Cases and Legislation Compare which will accelerate and deepen your research experience and provide important insights that are accessible and easy to use.
Duration: 60 min
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Thursday, 18th of July at 4pm
The Laws of New Zealand is an encyclopedic work providing a comprehensive comment on New Zealand law. Updated regularly, it provides a reliable statement of the whole of the law of New Zealand – statutory, regulatory and judicial. Laws of New Zealand include extensive cross-referencing to Halsbury's® Laws of England and Halsbury's Laws of Australia. Authors of this prestigious work include judges, academics, and senior members of the profession. The authors give the publication its authority through their specialist and practical knowledge of New Zealand law. Attend this session to learn about the 150+ titles contained in LONZ and how to work with these efficiently during your legal research.
Duration: 60 min
Click here to register today.
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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.
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