Cross on Evidence
Service 133 is now available online.
Commentary has been updated for Parts 1 and 2 of the Evidence Act 2006 and for chapters 1 and 4 of Evidence law outside of the Evidence Act 2006.
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New Zealand Employment Law Reports
Volume 21 Part 3 is now available online.
Eatim Ltd v WorkSafe New Zealand — (2024) 21 NZELR 156
Health and safety at work — Health and safety duties — Offences relating to duties — Duties of persons conducting business or undertaking — Primary duty of care — “Reasonably practicable” — Difference between objective test and subjective test — Expert opinion admissible to establish what was reasonably practicable to be done to address relevant risk — Industry practice relevant but not decisive or predominant — PCBU liable notwithstanding evidence that no one in industry adopted approach supported by expert opinion — Health and Safety at Work Act 2015, ss 2(c), 3, 30, 36(1)(a) and 48(1)(a).
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Auckland Trotting Club Inc v Payne — (2024) 21 NZELR 176
Employment agreements — Wages — Commission — Rate of commission — Defendant employed by plaintiff — Defendant’s remuneration included commission determined by reference to payments received by plaintiff from another entity — Rate of payment received by plaintiff increased — Plaintiff filed to increase defendant’s commission payments — Defendant raised complaint about plaintiff’s failure to increase his commission in circumstances — Plaintiff and defendant negotiated variation to employment agreement but no variation made — Chief executive of plaintiff emailed plaintiff’s finance department and defendant to effect defendant wished to maintain current commission payment — Defendant remained silent — Defendant later brought claim against plaintiff for payment of arrears of wages — Plaintiff asserted defendant estopped from resiling from representation by silence that he wished to maintain current commission payment — Defendant made such representation — Plaintiff itself maintained silence and disregard statutory obligations — Not unconscionable for defendant to resile from representation — No estoppel raised — Plaintiff asserted defendant waived right to claim higher commission payment — Defendant’s representation by silence not unambiguous — No waiver — Employment Relations Act 2000, s 63A(2).
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Courage v Attorney-General (sued on behalf of the Ministry of Business, Innovation and Employment, Labour Inspectorate) — (2024) 21 NZELR 203
Employment — Gloriavale — Identity of employer of children — No onus of proof — Objective assessment of facts — Reality may prevail over form — Ultimate control of work allocation — Possible joint or multiple employers — Identity of business entities unclear so no declaration at this point — Possible controlling third parties not present issue — Declaration as to employer — Employment Relations Act 2000, ss 3(1), 6(5), 6(6), 103B, 123A and 189.
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The Vice Chancellor of Lincoln University v Cheng — (2024) 21 NZELR 217
Employment — Interim reinstatement — Serious question — Threshold — Impact of merits on balance of convenience — Whether redundancy genuine — Reinstatement primary remedy — Obligation of employer to provide support on health and safety concerns — Mediation to establish managed reinstatement process — Employment Relations Act 2000, ss 3, 4, 125, 127 and 188.
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Volume 21 Part 4 is now available online.
Preece v Synlait Milk Ltd — (2024) 21 NZELR 231
Challenge to determination — Personal grievance — Unjustifiable disadvantage — Unjustified dismissal — 90-day period — Vaccination mandate — Employment relations — Employment Relations Act 2000, s 114.
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Courage v Attorney-General (sued on behalf of the Ministry of Business, Innovation and Employment, Labour Inspectorate) — (2024) 21 NZELR 242
Employment — Jurisdiction of Employment Court — Tort claim — Parallel proceedings in High Court — Employment Court exclusive jurisdiction on employment powers and duties — Judicial review powers — Sequential actions in Employment Court and High Court — Opportunity to replead — Employment Relations Act 2000, ss 142A, 161, 186, 187, 189, 194 and 223A–229A.
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Young v Port of Tauranga Ltd — (2025) 21 NZELR 256
Challenge to determination — Unjustified dismissal — Vaccination mandate — Whether tug engineers are “affected person” — Vaccination exemption — Whether employer was fair and reasonable — Redeployment — COVID-19 Public Health Response (Vaccinations) Order 2021, sch 2.
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Harte v Midwifery Employee Representation and Advisory Service Inc — (2025) 21 NZELR 268
Jurisdiction — Damages — Breach of good faith by union — Union member claiming damages — Whether claim excluded under employment legislation — Provision allowing penalty for breach of duty of good faith — FMV v TZB — Common law rights — Whether remedial compensation mechanism available under legislation — Special discretion — Employment Relations Act 2000, ss 4, 4A, 123–125, 133(1)(b), 161(1)(f), 161(1)(r), 162, 189(1) and 190.
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New Zealand Tramways and Public Passenger Transport Employees’ Union Wellington Branch Inc v Tranzurban Hutt Valley Ltd — (2025) 21 NZELR 288
Collective agreement — Rest and meal breaks — Split shifts — Work period — Bus drivers — Rostered to work period in morning and period in afternoon — Middle period exceeding two hours — Whether one work period or two discrete work periods — Employer treating split shift as two separate work periods for meal breaks — Employment Relations Act 2000, ss 3, 69ZB, 69ZC, 69ZD, 69ZE, 69ZEA, 69ZF, 69ZG, 69ZH and part 6D — Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008.
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The Chief of the New Zealand Defence Force v Williams — (2025) 21 NZELR 305
Employment agreement — Availability provision — On-call — Overtime — Whether individual employment agreements contained availability provision — Whether employees required to be available to perform work in addition to guaranteed hours — Payment of reasonable compensation — Employment Relations Act 2000, ss 67D and 67E.
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Practical Guidance: Family
Latest Legal Update
Concerns over legal aid for appeals from Family Court
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New Zealand Family Law Reports
Volume 2024 Part 9 is now available online.
Turner v Turner — [2024] NZFLR 411
Child support — Retrospective orders — Departure order — Special circumstances — Actual as opposed to nominal income — Child now adult — Formula assessment — Whether actual care arrangements wrongly determined over years — Whether error in fixing time child actually in father’s care — Time bar — Voluntary child support agreement — Overpayment to mother — Whether assessment of income should have been for 40-hour week instead of actual hours worked — Potential earning capacity of mother — Reimbursement for expenses benefiting child — Child Support Act 1991, ss 90, 91, 102, 103, 104, 105, 151AA and part 6A.
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Turner v Turner [Costs] — [2024] NZFLR 419
Child support — Costs — Indemnity costs — Uplift costs — Child support claims contradictory and unmeritorious — Claims time barred — Financial ability to pay indemnity costs — Overpayment of child support unable to be repaid through court — Whether morally repugnant to pay costs when overpaid child support — Child Support Act 1991, s 232 — Family Court Rules 2002, r 207 — District Court Rules 2014, rr 14.2, 14.3, 14.4, 14.5 and 14.6.
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Williams v Hughes — [2024] NZFLR 427
Family violence — Necessity — Sexual abuse — Psychological abuse — Physical abuse — General appeal — Rehearing — Miscarriage of justice — Reasonable subjective fear — Relevant factors — Irrelevant factors — District Court Act 2016, ss 124 and 127 — Evidence Act 2006, ss 92, 92(1) and 92(2) — Family Court Rules 2002, rr 209 and 210 — Family Violence Act 2018, ss 9 10 79 83 and 177.
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Volume 2024 Part 10 is now available online.
Smith v Jones — [2024] NZFLR 457
Civil procedure — Appeal principles — Appeal from interlocutory order — Appeal by way of rehearing — Grounds for without notice application — Decision — Inter partes — Right of appeal to High Court — Right of general appeal — District Court Act 2016, ss 123, 124 and 128 — Family Violence Act 2018, s 177 — High Cort Rules 2016, rr 20.16(2) and 20.16(3) — Property (Relationships) Act 1976, ss 27, 28, 30(a), 33, 39 and 39(1)(a).
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Zhou v Lassnig — [2024] NZFLR 471
Family trusts — Orders as to settled property — Directions for resettlement of trust — Parties were formerly married and, during marriage, settled trust of which they were both settlors, trustees and discretionary and final beneficiaries — Parties made unequal contributions to cause acquisition of various properties within trust — Family Court judge made orders removing respondent from positions within trust and splitting net equity of trust equally between parties — High Court determined Family Court erred in approach — Proper approach to consider difference between parties’ position if marriage had continued and given that marriage will not continue — Dispute as to whether respondent should benefit from increase in net equity resulting from inflation — Parties’ disparate initial contributions that permitted trust to acquire properties — High Court determined proper order that net equity should be split 60/40 in favour of appellant — High Court judge erred in finding as to net equity in trust — High Court erred in assessment of first respondent’s reasonable expectations in assumption of continuing marriage — Court of Appeal determined proper order that net equity should be split 80/20 in favour of appellant — Family Proceedings Act 1980, s 182.
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Rawson v Prescott — [2024] NZFLR 512
Relationship property — Trusts — Occupation orders — Trust seeking vacant possession of property — Estoppel — Whether trust estopped by contracting out agreement — Memorandum of wishes by deceased relating to trust — Contracting out agreement between deceased and widow referring to memorandum of wishes — Widow living in property as stated in memorandum of wishes — Whether belief or expectation by widow of right to occupy property — Belief that trust would act in accordance with contracting out agreement — Whether express representation by Trust — Reliance by widow on representation to own detriment — Unconscionability — Summary judgment — Factual disputes — High Court Rules 2016, rr 12.2(1) and 12.4(5)(b) — Property Law Act 2007, s 206(3) and part 4 — Property (Relationships) Act 1976, ss 21 and 61 — Trusts Act 2019, ss 126 and 127.
Practice and procedure — Summary judgment — Occupation orders — Trust seeking vacant possession of property — Suitability of summary judgment procedure — Contracting out agreement — Memorandum of wishes — Estoppel — Factual disputes — High Court Rules 2016, rr 12.2(1) and 12.4(5)(b) — Property Law Act 2007, s 206(3) and part 4 — Property (Relationships) Act 1976 ,ss 21 and 61.
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Ngatai v Topia — [2024] NZFLR 530
Parenting order — Supervised contact — Welfare and best interests of children — Tikanga — Te Ao Māori — Father having extramarital affair with cousin — Children participating in whānau — Father’s relationship with children deteriorating — Need to strengthen relationship with father and children — Continuity — Supervision — Care of Children Act 2004, s 5.
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Darby v Loren — [2024] NZFLR 539
Contact — Interim contact order — Directions conference — Jurisdiction of Family Court Associate — Whether Family Court Associate’s jurisdiction extending to making of interim contact orders at directions conference — Safety of child — Whether hearing required — Care of Children Act 2004, ss 4, 5, 46Q, 48 and 56 — Family Court Act 1980, sch 2 — Family Court Rules 2002, rr 3 10A, 15, 175D, 175D(2)(j), 179, 416B, 416W(5A) and 416Z(3) — Family Court (Family Court Associates) Legislation Act 2023 — Family Violence Act 2018, ss 9(2), 10 and 11 — Legislation Act 2019, s 10 — Oranga Tamariki Act 1989.
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Intellectual Property Law
Service 106 is now available online.
The following annotated legislation has been updated: Copyright Act 1994, Patents Act 2013, and Appendices.
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The Societies and Clubs title has been reviewed and updated.
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District Courts Practice Civil
Service 193 is now available online.
The following annotated legislation has been updated: District Court Rules 2014.
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Conveyancing Bulletin
Volume 21 Issue 11 is now available online.
This issue includes analysis of recent key cases on indefeasibility, co-ownership, compulsory acquisition of land, mortgages, sale of land and unit titles.
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New Zealand Conveyancing and Property Reports
Volume 25 Part 9 is now available online.
Kennedy v Body Corporate 82981 — (2024) 25 NZCPR 642
Unit titles — Relief for minority — Resolutions indemnifying members of body corporate — Whether deed of indemnity and resolutions ultra vires or outside powers of body corporate — Body corporate funding defence of committee members — Powers of body corporate — Whether challenge made out of time — Whether resolutions and indemnity unjust and inequitable to minority — Declaratory Judgments Act 1908 — Unit Titles Act 2010, ss 3, 77, 78, 84, 104, 108, 114C(4)(a), 115, 135, 138 and 210 — Unit Titles Regulations 2011, reg 16.
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Turner v Goldsbury — (2024) 25 NZCPR 656
Cross-leases — Division of property — Cross-lease obliged owner to obtain consent of other owners in respect of structural alterations to property — Owner unable to obtain consent of one owner — Owner wanted to demolish existing property and replace with new build — Non-consenting owner required new build to maintain footprint, roof height and profile of old building — Cross-lease obliged owners to refer disputes to arbitration — Parties unsuccessfully attempted to arbitrate dispute twice — Owner applied for partition order in respect of cross-lease — Primary judge dismissed application — Proper approach to exercise of power to order partition in respect of cross-leases — Mechanism for resolving disputes under cross-lease failed — Owners unable to cooperate because of respective positions — Appropriate for partition order to be made subject to conditions — Case remitted for determination of appropriate conditions — Property Law Act 2007, s 339.
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Bath v Whakaruru (as trustees of the Sonny and Anna Whakaruru Family Trust) — (2024) 25 NZCPR 686
Sale of land — Breach by purchaser — Vendor cancelling agreement — Vendor reselling at loss — Nature of vendor’s duty when reselling — Duty to act reasonably — Was sale period too short — Whether marketing material for resale of property reasonable — Evidence of vendor financial distress — Vendor not attempting to renegotiate with purchaser — Onus of proof.
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Hipango v Ngaurukehu Section 3 and Other Blocks Inc — (2023) 25 NZCPR 695
Māori land — Alienation — Duties and powers of court — Vesting orders — Shares in Māori incorporation — Incorporation vested with certain Māori freehold land and certain general land — Shareholder in incorporation agreed to sell his shares to another — Objection that transferee not within preferred class of alienees — Proper approach to determining whether particular land corpus and vested in incorporation — Proper approach to determining whether transferee within preferred class of alienees — Proper role and function of Māori Land Court in such determinations — Māori Affairs Act 1953, ss 269–303 — Te Ture Whenua Māori Act 1993, ss 2, 4, 98, 164, 256, 260 and 358.
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Volume 25 Part 10 is now available online.
Watene Lane Ltd v Tauranga City Council — (2023) 25 NZCPR 720
Freehold covenants — Application for modification — Standing — Right to be heard on proposed modification of covenant — Whether person other than owner of property benefitted by covenant is able to be joined as respondent or as interested party — Property part of same subdivision — High Court Rules 2016, r 4.56 — Land Transfer Act 2017 — Property Law Act 2007, ss 307, 316 and 317.
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Flath v Minister for Land Information — (2024) 25 NZCPR 731
Compulsory acquisition — Compensation — Part of landowner’s land compulsorily acquired — Approach to valuing land taken — Consideration given to deduction of subdivision costs in valuation — Hypothetical market valuation methodology — Willing buyer/willing seller — Principle of liberality — Whether question of law or general principle raised by proposed grounds of appeal — Importance of issues — Amount of money in issue — Land Valuation Proceedings Act 1948, ss 13(3), 18A and 26(5) — Public Works Act 1981, ss 60, 62 and 62(1)(b)(ii).
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Mt Algidus Ltd v Commissioner of Crown Lands — (2024) 25 NZCPR 749
Leases — Pastoral lease — and — Marginal strips — Whether strips of land adjacent to rivers and streams reserved to Crown as marginal strips — Whether land by waterways managed under Conservation Act 1987 — Declarations — Statutory history — Land by waterways previously governed by Land Act 1948 — Reserved land versus excluded land — Whether unsurveyed land treated differently from surveyed land — Land around waterways not surveyed — Conservation Act 1987, ss 24, 24C and part 4A — Conservation Law Reform Act 1990 — Declaratory Judgments Act 1908 — Land Act 1948, s 58 — Land Act 1924, ss 14 and 129 — Land Act 1892, ss 15 and 110.
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Holmes v Senior Trust Capital Ltd — (2024) 25 NZCPR 762
Mortgages — Mortgagee sale — Mortgagee’s duty of care — Mortgagee seeking to recover shortfall from guarantors — Whether mortgagee breached equitable duty to act in good faith — Mortgagee selling land at same time mortgagor negotiating sale — Undermining mortgagor’s existing unconditional agreement with new purchaser — Whether mortgagee aware of mortgagor’s sale and purchase agreement — Whether terms of loan by mortgagee with new purchaser required to be known — Financial benefit — Whether quantum of claim established to required standard — Accurate calculation of default interest under deed of guarantee — Oppression — Summary judgment — Property Law Act 2007, ss 119 and 176.
Guarantees — Mortgage — Mortgagee sale — Mortgagee seeking to recover shortfall from guarantors — Whether mortgagee breached equitable duty to act in good faith — Mortgagee selling land at same time mortgagor negotiating sale of land — Undermining mortgagor’s existing unconditional agreement with new purchaser — Whether mortgagee aware of mortgagor’s sale and purchase agreement — Whether quantum of claim established to required standard — Accurate calculation of default interest under deed of guarantee — Summary judgment — Property Law Act 2007, ss 119 and 176.
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Lora Trading Ltd v Stirling Investment Properties Ltd — (2024) 25 NZCPR 777
Unit titles — Repair and maintenance — Responsibilities of owners of principal units — Responsibility to ensure no actual or potential damage or harm to other units — Damage or harm includes physical, economic and “otherwise” — Defendant owned unit affected by weathertightness issues — Plaintiff sought mandatory injunction compelling defendant to effect repairs to unit — Plaintiff contended present state of defendant’s unit posed present risk of potential damage or harm to value of plaintiff’s unit — Proper approach to unit owners’ obligation of repair and maintenance in respect of protecting against potential damage or harm — Plaintiff did not prove material impact upon value of its unit caused by present state of defendant’s unit — Unit Titles Act 2010, s 80(1)(g).
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New Zealand Resource Management Appeals
Volume 2025 Part 2 is now available online.
Students for Climate Solutions Inc v Minister of Energy and Resources — [2025] NZRMA 71
Crown minerals — Permits — Process for dealing with applications for permits — Petroleum exploration permits in Taranaki — Mandatory and permissive considerations — Climate change considerations — Such considerations not mandatory considerations — Crown Minerals Act 1991, ss 1A, 4 and 29A — Climate Change Response Act 2002, ss 3, 5ZN and 5ZO.
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Fluoride Action Network (NZ) Inc v Hastings District Council — [2025] NZRMA 106
Fluoridation of water — Judicial review — Injunction — Direction of Director-General of Health — Principal of legality — Interpretation — Health (Fluoridation of Drinking Water) Amendment Act 2021, ss 116E, 116I and 116J — Judicial Review Procedure Act 2016, ss 16 and 17(6)(a) — New Zealand Bill of Rights Act 1990, ss 5, 6 and 11 — Health Act 1956.
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Buchanan (as trustees of the Buchanan Marshall Family Trust) v Tasman District Council — [2025] NZRMA 118
Appeal — Special damages — General damages — Costs — Fencing of Swimming Pools Act 1987.
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Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council — [2025] NZRMA 120
Appeal — Withdrawal decision — Bay of Plenty Regional Natural Resources Plan — National Policy Statement for Freshwater Management 2014 — Māori customary interests in freshwater — Withdrawal of Proposed Plan Change 9 — Resource Management Act 1991, ss 6(e), 7(a), 8 and sch 1 cl 8D.
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Volume 2025 Part 3 is now available online.
Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira o Waiōweka — [2025] NZRMA 124
Practice and procedure — Costs — Prospective costs order — Treaty of Waitangi claims — Recognition of customary marine title — Protected customary rights — Public interest litigation — Whether Crown should pay costs in advance of appeal — Exceptional circumstances — Funding of hearings by Crown substantially decreased — Interests of justice — Crown Proceedings Act 1950, s 24 — Marine and Coastal Area (Takutai Moana) Act 2011, ss 11(3), 51(1) and 58 — Senior Courts Act 2016, s 79.
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Seafood New Zealand Ltd v Royal Forest & Bird Protection Society of New Zealand Inc — [2025] NZRMA 146
Fisheries — Sustainability measures — Total allowable catch — Duty on Minister to set — Proper approach to exercise of duty — Relevance of scientific considerations — Relevance of social, cultural and economic considerations — Fisheries Act 1996, ss 2, 8, 9, 10, 11 and 13.
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Professional Responsibility in New Zealand
The following chapters have been reviewed and updated:
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- Chapter 9: In-house counsel and their professional obligations
- Chapter 18: Professional liability and insurance issues
- Chapter 21: Confidentiality
- Chapter 22: Conflicts of interest
- Chapter 23: Legal professional privilege
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Local Government New Zealand
Service 70 is now available online.
The following annotated legislation has been updated: Local Government Act 2002.
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Susan Barker
RRP*incl GST: $149.99
ISBN: 9781991015198 (book)
ISBN: 9781991015204 (eBook)
Publication date: April 2025
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