Hall's Sentencing
Service 202 is now available online.
Various legislation have been amended by the Sentencing (Reinstating Three Strikes) Amendment Act 2024, Corrections (Victim Protection) Amendment Act 2024, and Criminal Procedure Amendment Rules 2025. Commentary has been updated for Introduction: Principles of Sentencing, Sentencing Act 2002, Parole Act 2002, Criminal Procedure (Mentally Impaired Persons) Act 2003, Sentencing Levels, and Appendix I. An updated consolidated index has been included.
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New Zealand Employment Law Reports
Volume 21 Part 7 is now available online.
DQJ v CIR v The Commissioner of Inland Revenue — (2025) 21 NZELR 478
Employment — Challenge to determination — Unjustified dismissal — Interim reinstatement — Serious question on dismissal — Serious question on reinstatement — Frustration — Balance of convenience — Strength of claim’s merits — Reinstatement primary remedy — Public service employer’s enhanced obligations — Disruption to workplace — Resignations — Partial interim reinstatement to payroll only — Employment Relations Act 2000, ss 3, 4, 103A, 108A and 125.
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Xu v Pioneer Education & Immigration Services Group Ltd — (2025) 21 NZELR 495
Challenge to determination — Remedies — Unjustified dismissal — Attempt to mitigate loss — Whether there was offer of alternative employment — Entitlement to other monies associated with loss — Award of interest on sums — Immigration License — Employment Relations Act 2000, ss 123(1)(b), 123(1)(c)(i), 128(3) and sch 3 cl 14 — Licensed Immigration Advisers Code of Conduct 2014, cls 11, 12 and 13.
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Mutonhori v Wairoa District Council — (2025) 21 NZELR 511
Challenge to determination — Unjustified dismissal — Unjustified disadvantage — Predetermination — Bias — Fair and reasonable employer — Employment Relations Act 2000, ss 103(A)(1), 103(A)(2), 103(A)(4), 103(A)(5), 123 and 124.
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Brown v The Clinician Holdings Ltd — (2025) 21 NZELR 526
Employment — Employee — Independent contractor — Contract terms — Common law tests — Control — Integration — Fundamental test — Employment Relations Act 2000, s 6.
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Larsen v Fire and Emergency New Zealand — (2025) 21 NZELR 547
Personal grievances — Unjustifiable action — Plaintiff employed by defendant as firefighter under individual employment agreement mirroring collective agreement between defendant and union — Plaintiff sought appointment at different fire station on compassionate grounds — Application and appeal therefrom unsuccessful — Plaintiff raised personal grievance that defendant failed to afford him procedural fairness in appointment process — Defendant convened second panel to hear appeal and appeal was allowed — Plaintiff and defendant negotiated resolution to enable plaintiff to commence position without displacing successful applicant — Union raised dispute that negotiated resolution contrary to collective agreement — Record of settlement unenforceable — Defendant offered plaintiff various alternative options for employment — Plaintiff refused all options and insisted defendant adhere to record of settlement — Plaintiff took paid sick leave and later unpaid leave — Plaintiff raised personal grievance that unpaid leave unjustified — Plaintiff breached duty to act in good faith by refusing defendant’s various alternative options in circumstances where record of settlement unenforceable — Unpaid leave not unjustified — Employment Relations Act 2000, ss 4, 123, 124, 137, 149 and 151.
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Practical Guidance: Family
Latest Legal Update
Justice Andrew Becroft writes letter to teenager in custody dispute
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New Zealand Family Law Reports
Volume 2024 Part 16 is now available online.
Nygaard v Nygaard — [2024] NZFLR 737
Relationship property — Division — Compensation — Dissipation of relationship property after separation — Date at which shares and values to be determined — Value of shares in private company — Husband caused company to cease trading after date of separation — Company had nil valuation as at date of hearing — Wife sought compensation to be assessed as value of company as at date of separation — Hypothetical purchaser as at date of separation could have acquired valuable business — Shares of company should be valued as at date of separation — Husband should compensate wife for diminution in value — Property (Relationships) Act 1976, ss 2G and 18C.
Family proceedings — Court orders — Compensation — Family home owned by family trust — Husband and wife were trustees of family trust — Husband, wife and child were beneficiaries of family trust — Husband excluded wife and child from occupation of family home — Wife compelled to find other accommodation and pay living costs for herself and child — Wife claimed compensation by way of occupational rent — Compensation awarded — Property (Relationships) Act 1976, s 18B — Family Proceedings Act 1980, s 182.
Trusts — Court powers — Jurisdiction of Family Court — Family home owned by family trust — Husband and wife were trustees of family trust — Husband, wife and child were beneficiaries of family trust — Husband excluded wife and child from occupation of family home — Husband’s decision made in breach of trust — Unnecessary for Family Court to grant relief under Trusts Act 2019 — Loss arising from breach of trust dealt with by way of orders for compensation — Trusts Act 2019, s 141.
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The Repossessions title has been reviewed and updated.
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New Zealand Conveyancing and Property Reports
Volume 26 Part 1 is now available online.
Casata Ltd v Minister for Land Information — (2024) 26 NZCPR 1
Public works — Compulsory acquisition of land — Compensation — Basic entitlement to compensation — Damage suffered from exercise of statutory power — Appellant owned land that was compulsorily acquired — Appellant claimed compensation additional to payment for value of land by reference to damage suffered by reason of lost opportunity to sell or redevelop land during “shadow period” between announcement and completion of acquisition — Damage alleged not referrable to exercise of statutory power — Any such damage reflected in assessment of value of property — Claim for additional compensation dismissed — Public Works Act 1981, s 60.
Public works — Compulsory acquisition of land — Compensation — Disturbance payments — Proper approach — Public Works Act 1981, s 66.
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NBL (New Zealand) Ltd v Northland Food Ltd — (2024) 26 NZCPR 32
Leases — Rent arrears — Statutory demand — Application to set aside demand — Set-off — Sub-lease — No set-off clause in lease — Whether reasonable arguable set-off — Sub-tenant owing rent — Mutuality — Implied term that lessor was to help lessee pay rent.
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Alpha First Securities Ltd v Holborn Properties Ltd — (2024) 26 NZCPR 47
Mortgages — Mortgagee sale — Application for orders permitting mortgagee to become purchaser — Principles relevant to duty of reasonable care to mortgagor — Property Law Act 2007, ss 176 and 200(3)(d).
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Kaimai Properties Ltd v Queen Elizabeth the Second National Trust — (2024) 26 NZCPR 57
Freehold covenants — “Open space” covenant — Judicial review — Legitimacy of open space covenant — Covenant established by former owner on land adjacent to quarry — Current owner seeking to expand quarry activities into covenanted area — Interest in land — “Owner” — Whether quarry owner had “interest in land” at time covenant created — Whether covenant lawfully established — Decision not to vary covenant — Mistake — Natural justice — Whether duty to conduct inquiries into relevant interests in land — Judicial Review Procedure Act 2016, s 4 — Queen Elizabeth the Second National Trust Act 1977, ss 2, 22 and 22A.
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Kaimai Properties Ltd v Queen Elizabeth the Second National Trust — (2025) 26 NZCPR 75
Freehold covenants — “Open space” covenant — Practice and procedure — Application for leave to appeal to Supreme Court — Applicants unsuccessfully challenged Queen Elizabeth the Second open space covenant in first proceedings — Applicants unsuccessfully challenged same open space covenant in second proceedings — Application dismissed.
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New Zealand Resource Management Appeals
Volume 2025 Part 6 is now available online.
Roa v Wellington City Council — [2025] NZRMA 321
Transport — Land — Roads — Rules — Traffic control devices — Markings — Markings not connected with use of road — Roadway art — “Rainbow crossing” in support of LGBTIA+ pride — Installation and maintenance of rainbow crossing lawful — Land Transport Act 1998, s 157 — Land Transport Rule: Traffic Control Devices 2004, cl 5.5 — Land Transport Rule Traffic Control Devices Amendment 2020.
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Movement v Minister of Transport — [2025] NZRMA 347
Interim orders — Road safety — Speed limits — Judicial review — Land Transport Rule: Setting of Speed Limits 2024 — Land Transport Act 1998, ss 152, 157, 164, 169 and 169A.
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Practical Guidance: Succession
Latest Legal Updates
Daughter challenges will over dispute over juicers, sofas, and surfboards
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Probate threshold increased from $15,000 to $40,000
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Patents and Inventions Reissue 1
New Chapters for the first Reissue of this title, written by David Koedyk, have been uploaded online, in addition to new content already published. The new Chapters are offering coverage on the examination of patent applications (Ch 7), opposition to the grant of patents (Ch 8), re-examination (Ch 9), revocation of patents and surrender (Ch 10), renewal and maintenance fees and restoration of lapsed patents or applications (Ch 11), infringement and related matters (Ch 12), compulsory licences and Crown use (13), international agreements (Ch 14), and patent attorneys (Ch 15). Content for the remainder of the title, which will deal with plant variety rights, is currently in development and will be uploaded online as soon as it becomes ready for release, at which point this title will be reissued in full and will also be published in hard copy format.
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Professional Responsibility in New Zealand
A new chapter has been added:
- Professional Responsibility and AI
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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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27 August, Wednesday
2:00 PM | 60 minutes
Lexis+ AI is an integrated solution for legal research, drafting, and insights. It combines the power of Protégé™, a personalized AI assistant, with authoritative LexisNexis content to help legal professionals make informed decisions faster and deliver outstanding work. This session will provide attendees with an introduction to the Lexis+ AI platform and functionality and how to make best use of the tool to maximise productivity and efficacy of your legal research.
In this session, we will cover:
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- Differing between Extractive vs. Generative AI
- The 4 generative AI tasks in Lexis+ AI: Ask / Draft / Summarize / Upload
- Best practice for effective prompting with Protege / AI Assistant (attend our Prompting workshop for multi-question prompting guidance)
- Searching across integrated experience dock
- Prompt and data security / LexisNexis GenAI Policy
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29 August, Friday
1:00 PM | 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.
In this session, we will cover:
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- Identifying the LexisNexis resources users have access to and how to search across them
- Searching for case law for specific sections of commentary using Legislation Citator
- Finding leading cases using the Leading Cases feature
- Using Lexis Answers for natural language queries of case law
- Comparing legislation from two different points in time using the Legislation Compare feature
- Tracking research
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2 September, Tuesday
1:00 PM | 60 minutes
Lexis+ AI is an integrated solution for legal research, drafting, and insights. It combines the power of Protégé, a personalized AI assistant, with authoritative LexisNexis content to help legal professionals make informed decisions faster and deliver outstanding work. This session will provide attendees with an introduction to the Lexis+ AI platform and functionality and how to make best use of the tool to maximise productivity and efficacy of your legal research.
In this session, we will cover:
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- Differing between Extractive vs. Generative AI
- The 4 generative AI tasks in Lexis+ AI: Ask / Draft / Summarize / Upload
- Best practice for effective prompting with Protege / AI Assistant (attend our Prompting workshop for multi-question prompting guidance)
- Searching across integrated experience dock
- Prompt and data security / LexisNexis GenAI Policy
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