Morison’s Company Law
Service 215 is now available online.
This service contains updates by Peter Watts KC to the Company Contracting and Shareholders’ Meetings chapters, and updates by Richard Gordon to the Voidable Transactions chapter.
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Morison’s Securities Law
Service 215 is now available online.
This service contains updates by Richard Scragg to the sections on Personal Property Securities and Securities Interests Creation/Priority.
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Practical Guidance: Business
The Social Media topic has been updated by Steven Price. The Competition Law, Offers of securities, and Anti-money laundering and countering financing of terrorism topics have been updated by MinterEllisonRuddWatts.
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Practical Guidance: Insurance
Latest Legal Update
Insurance industry leaders warn climate change may make many New Zealand homes uninsurable
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Practical Guidance: Criminal
Latest Legal Update
Disgraced Kiwi businessman arrested for possessing child abuse material
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Personal Grievances
Service 101 is now available online.
This service includes updates to: Chapter 2: The Grievance Process, Chapter 3: Unjustifiable dismissal, Chapter 4: Procedural fairness, Chapter 5: Grounds for dismissal, Chapter 8: Discrimination, and Chapter 11: Remedies.
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Practical Guidance: Employment Law
The topics Recruitment and Trade Unions have been updated for their first biannual review.
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Latest Legal Updates
Labour Inspectors to scour the country for non-complying employers
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Farmer ordered to pay for employment breaches
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New Zealand Employment Law Reports
Volume 21 Part 1 is now available online.
FDE v UWV — (2024) 21 NZELR 1
Non-publication order — Approach to non-publication — Years since relevant judgments issued — Three judgments published — MW v Spiga Ltd factors — Open justice — Public interest — Whether adverse consequences reasonably expected to occur — Whether departure from open justice necessary to serve justice — Severe impact on employment prospects — Prospective employers not taking employees job applications further — Impact on employee’s professional reputation — Privacy and personal reputation concerns — Balance of justice — Reasonable inferences — Employment Relations Act 2000, s 189 and sch 3 cl 12.
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Danske Møbler Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment — (2024) 21 NZELR 11
Holiday pay — BRAPS leave — Relevant daily pay — Average daily pay — Overtime — Requirements for Improvement Notice — Backdating period for Improvement Notice — Holidays Act 2003, ss 3, 9, 9A, 49, 60, 71, 72I and 83(2)(a) — Holidays Amendment Act 2010, ss 2 and 5 — Employment Relations Act 2000, ss 273(1) and 273(2).
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Ford v Henry Brown and Company Ltd — (2024) 21 NZELR 24
Personal grievance — Unjustifiable dismissal — Breach of employment agreement — Pre-employment disclosure requirements — “Disclosure of everything” — Interpretation of employment agreement — Whether employee misrepresented himself when applying for role — Whether should have disclosed real reasons for leaving previous employment — Dismissed from previous employment — Representations as to qualifications and experience — Compensation — Contribution — Reimbursement — Employment Relations Act 2000, ss 103A, 123(1)(c)(i), 124 and 128(2).
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Kavallaris v Inframax Construction Ltd — (2024) 21 NZELR 38
Unjustified dismissal — Serious misconduct — Interim reinstatement — Seeking interim reinstatement pending investigation into unjustified dismissal claim — Employee engaging advocate to represent him for issues with employer — Advocate sending email advising of employee complaints to potential contractee of employer — Whether serious question to be tried — Whether email attributable to employee — Protected disclosure — Whether entitled to protection under whistleblower legislation — Ulterior motive in dismissing employee — Sufficient investigation — Impracticality of reinstatement — Damage to relationship with employer — Balance of convenience — Overall justice — Employment Relations Act 2000 ss 4 103A and 121 — Local Government Act 2002 ss 6 and 59(1) — Protected Disclosures (Protection of Whistleblowers) Act 2022 ss 3 8 10 11 14 16 25 and sch 2.
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Tauranga Tourism Services Ltd v WorkSafe New Zealand — (2024) 21 NZELR 62
Whakaari prosecution appeal — Prosecution dismissed — Costs refused — Insufficient evidence to support prosecution — Test case — Above scale costs — Health and Safety at Work Act 2015, s 36(2) — Costs in Criminal Cases Act 1967, s 5(2) — Costs in Criminal Cases Regulations 1987.
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Volume 21 Part 2 is now available online.
Fredricsen v Air New Zealand Ltd — (2024) 21 NZELR 80
Employment law — Unjustified disadvantage — Covid vaccine — Travel restrictions for pilots — Disparity in treatment with other employees — Whether disparity justified — Failure to explain justified disparity is breach of good faith — Remedies — Employment Relations Act 2000, ss 103, 103A and 123.
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Caleys Ltd v Deadman — (2024) 21 NZELR 102
Employment agreement — Forfeiture clause — Whether forfeiture clause in nature of penalty provision — Employee giving one day’s notice of resignation — Employment agreement requiring one months’ notice of termination or forfeiture of month’s salary — Enforceability — Whether legitimate interest in compelling performance of notice period — Whether genuine assessment of liquidated damages — Consequences to employee — Wages Protection Act 1983.
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Glenfield College Board of Trustees v Anderson — (2024) 21 NZELR 115
Personal grievance — Unjustifiable constructive dismissal — Redundancy — Unilateral reduction in hours of work by nearly half — Employee resigning — Whether redundancy provision triggered — Whether constructive dismissal — Applicable collective agreement — Whether variation of hours provisions in collective agreement applying — Permanent employee with guaranteed hours — Surplus staffing provisions — Breach of duty by employer — Unwillingness to actively engage — Remedies — Employment Relations Act 2000, ss 4 and 67C.
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Bowen v National Australia Bank Ltd — (2024) 21 NZELR 136
Practice and procedure — Recusal determination — Protest to jurisdiction — Authority Member refusing to recuse herself from determination of preliminary issue — Whether precluded from challenging Member’s recusal determination — Whether recusal determination procedural or jurisdictional — Preliminary issue regarding admissibility of evidence — Alleged bias by Member — Member having dealt with admissibility issue in previous proceedings — Policy of legislation — Principles of natural justice — Employment Relations Act 2000, ss 143(fa), 143(g), 160(1), 173, 179(5), 184 and 188(4) — New Zealand Bill of Rights Act 1990, s 27(1).
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Practical Guidance: Family
Latest Legal Update
Marlborough artist to leave New Zealand after work ruled relationship property in divorce
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New Zealand Family Law Reports
Volume 2024 Part 6 is now available online.
Su v Shui — [2024] NZFLR 250
Equity — Presumption of advancement — Proper approach to application of presumption — Proper approach to consideration of cultural issues with respect to advances between parents and children.
Relationship property — Property acquired by gift — Respondent executed deed of gift apparently transferring title to house to appellant — Primary judge concluded respondent did not intend to part with beneficial interest — Appellant invoked common law approach that deed of gift final and binding unless declared void — Primary judge entitled to consider deed as evidence in context of all evidence — House was relationship property — Property (Relationships) Act 1976, ss 10 and 21N.
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Florry v Kennedy — [2024] NZFLR 274
Child support — Paternity declaration — Formula assessment — DNA test — Family Court — Child Support Act 1991, ss 7 and 102 — (INT) Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance — Status of Children Act 1969, s 10.
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A v D — [2024] NZFLR 281
Parent and child — Fiduciary relationship — Abuse by father towards minor children — Whether and when parent/child relationship should be recognised as fiduciary — Caregiving responsibilities — Extent of fiduciary duties owed by parent to adult child — Whether abuse gave rise to fiduciary obligation — Children estranged from father — Whether duty owed to adult children not to transfer bulk of assets to trust — Preventing claim by children — Vulnerability of abused adult children — Nature and scope of duties — Family Protection Act 1955 — Fraudulent Conveyances Act 1571 — Property Law Act 2007, ss 344–350.
Equity — Fiduciary relationship — Parent and child — Abuse by father towards minor children — Whether and when parent/child relationship should be recognised as fiduciary — Care giving responsibilities — Extent of fiduciary duties owed by parent to adult child — Whether abuse gave rise to fiduciary obligation — Children estranged from father — Whether duty owed to adult children not to transfer bulk of assets to trust — Preventing claim by children — Vulnerability of abused adult children — Nature and scope of duties — Family Protection Act 1955 — Fraudulent Conveyances Act 1571 — Property Law Act 2007, ss 344–350.
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Volume 2024 Part 7 is now available online.
M v H — [2024] NZFLR 307
Insolvency — Annulment — Debtor-initiated insolvency — Debtor had sufficient assets to discharge existing debts — Debtor in negotiations with former de facto partner with respect to resolution of claims under Property (Relationships) Act 1976 with respect to matrimonial home — Debtor threatened former partner with seeking bankruptcy to attempt reconciliation — No resolution ensued and debtor applied for adjudication — Debtor adjudicated bankrupt — Former partner sought annulment of bankruptcy on grounds of abuse of process — Proper approach to exercise of court’s power to annul bankruptcy on abuse of process grounds — Party seeking annulment must establish substantial purpose of debtor-initiated bankruptcy was abusive of statutory bankruptcy process — Bankruptcy annulled — Insolvency Act 2006, ss 10, 12, 45, 46, 47, 101, 309 and 310 — Property (Relationships) Act 1976, ss 2, 8, 11, 20A, 20B, 20C and 53A.
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Lambert v River — [2024] NZFLR 348
Engagement — Return of property — Formal proof hearing — Admissibility of evidence — Appeal — Engagement ring — Domestic Actions Act 1975, s 8 — District Court Rules 2014, r 15.9 — High Court Rules 2016, rr 5.10, 15.5 and 15.9.
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Conveyancing Bulletin
Volume 21 Issue 9 is now available online.
This issue includes analysis of recent key cases on sale of land, caveats, co-ownership, compulsory acquisition of land, leases, mortgages, and landlord and tenant.
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Practical Guidance: Property
Latest Legal Update
Government announces plans for faster land acquisition for public projects
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New Zealand Conveyancing and Property Reports
Volume 25 Part 7 is now available online.
Su v Shui — (2023) 25 NZCPR 476
Equity — Presumption of advancement — Proper approach to application of presumption — Proper approach to consideration of cultural issues with respect to advances between parents and children.
Relationship property — Property acquired by gift — Respondent executed deed of gift apparently transferring title to house to appellant — Primary judge concluded respondent did not intend to part with beneficial interest — Appellant invoked common law approach that deed of gift final and binding unless declared void — Primary judge entitled to consider deed as evidence in context of all evidence — House was relationship property — Property (Relationships) Act 1976 ss 10 and 21N.
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Shiu v Luo — (2024) 25 NZCPR 500
Fair trading — Misleading or deceptive conduct — Misrepresentations — First appellant carried on business as property developer — First and third respondents were investors who entered into joint venture agreements with first appellant — First and third respondents helped finance purchase of individual properties pursuant to these agreements — First and third respondents claimed compensation from first appellant with respect to misrepresentation that commissions they paid would be paid over to real estate agent — First appellant admitted making representation and that representation was false and fully refunded amounts paid by way of commission — First and third respondents affirmed agreements and continued relationship for three years thereafter — First appellant not liable for claimed losses — Fair Trading Act 1986, s 9.
Fair trading — Misleading or deceptive conduct — Misrepresentations — First and third respondents claimed compensation from first appellant with respect to misrepresentation that they would share in profit across whole development and not limited to individual properties acquisition of which they financed — No evidence in support of making of such representation — Fair Trading Act 1986, s 9.
Fair trading — Relief — Civil proceedings — Conduct by servants or agents — Director of company — Director of company entered into joint venture agreements in personal capacity — No evidence director held herself out as acting on behalf of company — No liability of company — Fair Trading Act 1986, s 45.
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Weine (as trustees of the Ruth Weine Family Trust) v Tadd Management Ltd — (2024) 25 NZCPR 526
Sale of land — Misrepresentation — Mistake — Seismic capacity of building — Whether seismic capacity misrepresented by vendors — Whether purchasers induced into sale by common mistake relating to seismic capacity — Contextual interpretation — Whether statements relating to seismic capacity true — Expert opinion versus statement of fact — Contract and Commercial Law Act 2017, ss 24 and 35 — Fair Trading Act 1986, s 9.
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Jin v Narayan — (2024) 25 NZCPR 546
Fencing — Fencing notice — Adjoining occupiers — Shared costs for construction of fence — Whether earlier fencing notice can be revoked, replaced or amended — Whether new notice valid and superseding earlier cross-notice — Whether valid objection or cross-notice issued — “Adequate fence” — Fencing Act 1978, ss 2, 9, 12, 14(4), parts 2 and 3 — Property Law Act 2007.
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Environmental and Resource Management Law
Service 67 is now available online.
This service includes updates by David Kirkpatrick and Bronwyn Carruthers to Chapter 4 Land use, subdivision, designations, resource consent procedures and appeals; updates by Simon Pilkinton to Chapter 5 The coastal environment; updates by Mark Christiansen to Chapter 12 New organisms and biosecurity; and updates by Kenneth Palmer to Chapter 15 Heritage.
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Resource Management Bulletin
Volume 14 Issue 16 is now available online.
This issue contains an editorial by Dr Trevor Daya-Winterbottom on Fast-track approvals. Case comments are also included covering Fisheries Inshore New Zealand Ltd v Royal Forest & Bird Protection Society of New Zealand Inc [2023] NZCA 359, Muaūpoko Tribal Authority Inc v Minister for Environment [2023] NZCA 641, Page v Greater Wellington Regional Council [2024] NZCA 51 and Whangarei District Council v Daisley [2024] NZCA 161.
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Practical Guidance: Resource Management
Latest Legal Update
New Blueprint for Resource Management Reform published
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Service 114 (updated to 4 October 2024) is now available online.
Service 114 features significant updates to:
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- the "Prisons and Enforcement of Sentences" title as a result of the Corrections Amendment Act 2024 which, with the exception of ss 11, 13, 19, 55 to 58, and 68, came into force on 1 October 2024;
- the "Fisheries" title as a result of the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act 2024, which came into force on 3 September 2024;
- the "Courts" title as a result of the Courts (Remote Participation) Amendment Act 2024 which, with the exception of s 7, came into force on 3 September 2024;
- the "Insurance" title as result of the Natural Hazards Insurance Act 2023, which came into force on 1 July 2024.
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Practical Guidance: Trusts
Latest Legal Updates
Whether New Zealand trusts can be subject to foreign laws
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Number of New Zealand foreign trusts drops by 80 per cent since the fall out from the 2016 Panama Papers — NZ Police Financial Intelligence Unit
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Practical Guidance: Practice Compliance
Latest Legal Update
Law firms advised by National Cyber Security Centre to check their email systems
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Practical Guidance: Social Justice
Latest Legal Update
Ministry of Business, Innovation and Employment commences nationwide employer compliance monitoring operations
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Susan Barker
RRP*incl GST: $150.00 $135.00
ISBN: 9781991015198 (book)
Publication date: April 2025
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RRP*incl GST: $70.00
ISBN: 9781991015235 (book)
Publication date: January 2025
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This is a two-volume set.
RRP*incl GST: $160.00
ISBN: 9781991015211 (book)
Publication date: February 2025
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RRP*incl GST: $30.00
ISBN: NZWLJ2024VOL9 (book)
Publication date: April 2025
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Jason Goodall KC
RRP*incl GST: $242.00
ISBN: 99780473619749 (book)
Publication date: March 2025
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Wills, Probate, and Succession
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John Earles, Greg Kelly, Chris Kelly, & Kevin Lenahan
RRP*incl GST: $450.00
ISBN: 9781988598949 (book)
Publication date: December 2024
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Did you know that our LexisNexis® training webinars are complimentary, delivered by our experience team of training consultants and most are CPD compliant?
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In this session, we provide an orientation to our new platform Lexis+. Participants will learn how to harness the new features of Lexis+ for greater legal research efficacy in particular: the use of Lexis Answers®, finding legislation and its relevant case law and commentary using our Legislation Citator LexCite®, comparing different versions of legislation with Legislation Compare and identifying critically relevant cases using the Leading Cases feature.
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14 April, Monday
11:00 AM | 60 minutes
In this session, we provide an orientation to our new platform Lexis+. Participants will learn how to harness the new features of Lexis+ for greater legal research efficacy in particular: the use of Lexis Answers, finding legislation and its relevant case law and commentary using our Legislation Citator LexCite, comparing different versions of legislation with Legislation Compare and identifying critically relevant cases using the Leading Cases feature.
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Become more skilled and efficient in your research. Join this session to explore effective methods of conducting searches on Advance to find commentary, legislation, and case law, understand the algorithm that runs behind the scenes, and apply advanced filters to generate effective results. Learn to set up alerts and folders, share documents, and customise your publications pod and favourites to ensure that your use of the platform is meeting your research needs.
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In this session, we provide an orientation to our new platform Lexis+. Participants will learn how to harness the new features of Lexis+ for greater legal research efficacy in particular: the use of Lexis Answers, finding legislation and its relevant case law and commentary using our Legislation Citator LexCite, comparing different versions of legislation with Legislation Compare and identifying critically relevant cases using the Leading Cases feature.
In this session, we will cover:
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