Becroft and Hall's Transport Law
Service 228 is now available online.
The Crimes Act 1961, Land Transport Act 1998, Land Transport (Driver Licensing) Rule 1999, and Summary Proceedings Act 1957 have been amended. Commentary on the Land Transport Act 1998 and Sentencing Principles & Practice have been updated.
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New Zealand Employment Law Reports
Volume 21 Part 5 is now available online.
IDEA Services Ltd v Wills — (2025) 21 NZELR 321
Personal grievances — Unjustifiable dismissal — Distinction substantive justification and procedural justification — Employers’ duty to consult with employees about options for redeployment before making final decision about redeployment — Failure to consult with employees can render substantively justified dismissal procedurally unjustified — Employer failed to meet good faith obligations in dismissing employee contrary to its own outlined process — Dismissal substantively justified but procedurally unjustified — Employment Relations Act 2000 ss 4 and 103A.
Remedies — Lost earnings — Termination unjustifiable by reason of failure of employer to be procedurally fair — Employee’s termination likely inevitable — Procedurally fair process would have taken additional four weeks in circumstances — Employee entitled to lost wages referrable to those additional four weeks she was ready, willing and able to undertake employment.
Remedies — Contribution — Failure to mitigate — Employee’s failure to obtain COVID-19 vaccine — No legal requirement that employee be vaccinated — No basis for reduction of remedies on that basis.
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High Performance Sport New Zealand Ltd v The Athletes’ Cooperative Inc — (2024) 21 NZELR 344
Collective bargaining — Initiation — Circumstances in which union able to initiate collective bargaining with employer — Seeking to initiate bargaining with employer where no union member employed by employer — Whether union validly initiated collective bargaining — Whether employer required to participate in collective bargaining with union — Purpose of Act — Statutory context — “Employer” and “employee” — Employment relationship — Employment Relations Act 2000, ss 3, 4(2)(b), 5, 6, 12, 31 and 40.
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Chief of New Zealand Defence Force v New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Inc — (2024) 21 NZELR 361
Employment — Challenge to determination — Collective agreement for union employees — Individual agreements for non-union employees — “preference” — Parties may agree differing terms — Breach of good faith — Undermining collective agreement — Intention to undermine — Whether in fact did undermine — Obiter: court has no power to vary collective agreement — Employment Relations Act 2000, ss 3, 4, 7, 9, 10, 32, 59B, 103, 104, 137, 162, 163 and 192.
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BMN v Stonewood Group Ltd — (2024) 21 NZELR 377
Privacy — Collection of personal information — Breach of privacy — Employer retaining personal information after employee dismissed — Personal files on work laptop and personal USB drive — Employee seeking return of personal information — Purpose of collection — Source of personal information — Manner of collection — Damages for injury to feelings, loss of dignity and humiliation — Declaration — Non-publication order — Human Rights Act 1993, s 107 — New Zealand Bill of Rights Act 1990, ss 5 and 14 — Privacy Act 1993, ss 66(1), 85 and 88(1)(c).
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Practical Guidance: Family
Latest Legal Update
Divorce funding company launches in New Zealand
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New Zealand Family Law Reports
Volume 2024 Part 12 is now available online.
Craig v New Zealand Police — [2024] NZFLR 548
Family violence — Protection orders — Breaches — Appeal against conviction and sentence — Repeated targeting of former wife and her daughter — Relationship of offending and past offending — Error in summary of facts — Guilty plea — Autism — Criminal Procedure Act 2011, ss 232(5), 244 and 250 — Family Violence Act 2018.
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Re Newlove (as executor and trustee of the Estate of Green) — [2024] NZFLR 555
Deceased estate — Application for Court directions — Trustee’s exercise of discretion — Whether deceased in de facto relationship at time of death — Balance of estate to go to partner if in de facto relationship at time of death — Jurisdiction — Undisputed facts — Whether Court should direct trustee as to status of relationship — Definition of de facto relationship — Property (Relationships) Act 1976, s 2D — Trusts Act 2019, s 133.
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Armstrong v Powell — [2024] NZFLR 563
Inherent power — Standby counsel — Lawyer to Assist — Lawyer assisting court — Amicus curiae — Express statutory power — Express power — Adoption Act 1955 — Care of Children Act 2004, ss 4, 7, 130 and 131 — Child Support Act 1991, ss 226, 226A and 226B — Civil Union Act 2004, ss 20(2) and 20(3) — District Court Act 2016, ss 9 and 9(b) — Domestic Actions Act 1975 — Evidence Act 2006, ss 92, 92(2), 95, 95(1) and 95(5) — Family Court Act 1980, ss 4M, 9B, 9C, 9C(1), 9C(1)(a), 9C(1)(b), 9C(1)(c), 9C(2), 11, 12, 13, 16A and sch 2 — Family Proceedings Act 1980, ss 162A, 162A and 162B — Family Protection Act 1955 — Family Court Rules 2002, rr 3, 5A, 8, 13, 15, 15(1)(b), 80, 90C, 90F and 95(4) — Family Violence Act 2018, ss 67, 159, 162, 166, 166(1)(c) and 167 — Family Courts Amendment Bill 2013 (90-3E) — Family Court Proceedings Reform Bill (90-1, 90-2) — Law Reform (Testamentary Promises) Act 1949 — Legal Services Act 2011 — Marriage Act 1955, ss 19, 19(2) and 19(3) — New Zealand Bill of Rights Act 1990, ss 24 and 25 — Oranga Tamariki Act 1989, ss 159, 160 and 162 — Children’s and Young People’s Well-being Act 1989, ss 159, 160 and 162 — Property (Relationships) Act 1976 — Protection of Personal and Property Rights Act 1988, ss 65, 65A and 65B — Public Finance Act 1989 — Public Safety (Public Protection Orders) Act 2014, s 104 — Securities Act 1978 — Wills Act 2007.
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Volume 2024 Part 13 is now available online.
Gauri v Lata — [2024] NZFLR 594
Jurisdiction — Family Court Associate — Application to discharge — Interim parenting order — Temporary protection order — Care of children — Day-to-day care — Care of Children Act 2004, ss 3, 4, 5, 6, 131, 135A and 142 — Family Court Act 1980, sch 2 — Family Court Rules 2002, rr 3, 4, 78, 195A and 217 — Family Violence Act 2018, ss 3, 4, 76, 107, 109, 110, 153, and 155.
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Grey v Grey — [2024] NZFLR 607
Family violence — Temporary protection order — Associated respondent — Protection order taken out against husband as primary respondent and mother-in-law as associated respondent — Whether mother-in-law encouraged to engage in family violence by primary respondent — Nature of relationship — Evidence of mother-in-law engaging in family violence — Whether temporary protection order should be taken against mother as primary respondent — Whether subjective fear of future violence reasonable — Necessity for protection order against mother-in-law — Crimes Act 1966, s 66 — Family Violence Act 2018, ss 4, 8, 79, 89 and 177.
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Brooks v Commissioner of Inland Revenue — [2024] NZFLR 623
Child support — Judicial review — Deductions — Liability — Legality of deduction notices — Overseas court order registered in New Zealand — Arrears of child support payments — Dispute over liability for child support — Application to vary child support order made under Family Proceedings Act 1980 — Whether Commissioner required to halt enforcement of child support payments following application — Whether Commissioner unlawfully deducting funds from bank account — Whether funds unlawfully deducted from account belonging to Trust — Preliminary issues — Admissibility of expert evidence — Pleadings — Child Support Act 1991, ss 130, 154, 155, 159 and part 10 — Evidence Act 2006, s 25 — Family Proceedings Act 1980, ss 101, 136, 142B and part 8 — Tax Administration Act 1994.
Child support — Judicial review — Evidence — Whether additional evidence admissible — High standard — Expert opinion evidence — Forensic accountant — Whether inadmissible hearsay evidence — Relevance — Evidence Act 2006, s 25 — High Court Rules 2016, sch 4.
Child support — Judicial review — Liability — Legality of deduction notices — Leave to amend pleadings — New ground of review — Failure to consider financial hardship — Child Support Act 1991 — High Court Rules 2016, r 7.7 — Tax Administration Act 1994.
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Hinde McMorland & Sim Land Law in New Zealand
Service 98 is now available online.
This service includes updates to chapters on The Extent of the Landholder’s Rights, The Land Transfer System, Title by Registration, Concurrent Interests in Land and Capacity to Own and to Deal with Land.
It also includes legislative amendments made by the Residential Tenancies Amendment Act 2024, the Regulatory Systems (Economic Development) Amendment Act 2025 and the Civil Aviation Act 2023.
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Practical Guidance: Property
Latest Legal Update
Healthy homes standards now apply to all rental properties
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New Zealand Conveyancing and Property Reports
Volume 25 Part 9 is now available online.
Official Assignee v Honey — (2024) 25 NZCPR 871
Bankruptcy — Sale of land prior to bankruptcy — Māori freehold land — Vendor great uncle of respondent — Deed of gift forgiving part of purchase price — Tikanga Māori — Koha — Whether deed should be recognised as koha — If koha, was it insolvent “gift” for purposes of Insolvency Act 2006 — High Court Rules 2016, part 19 — Insolvency Act 2006, ss 101, 204, 205, 206, 207, 208 and 309(1)(b) — Te Tiriti o Waitangi, art 2 — Te Ture Whenua Māori Act 1993, ss 147A, 343 and part 7.
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Peng v Knight Investments Ltd — (2024) 25 NZCPR 897
Sale of land — Breach by purchaser — Application by vendor for summary judgment seeking specific performance — Whether defence of impossibility reasonably arguable — Purchaser’s financial position — Whether specific performance appropriate remedy — High Court Rules 2016, r 12.2(1).
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Thompson v Milne (as trustees of the Great Chelsea Garden Trust) — (2024) 25 NZCPR 905
Unit titles — Accessory units — Independent dealing — Partial sale agreement — Subdivision of accessory unit from principal unit — Agreement to subdivide and sell land connected to principal unit — Whether agreement void as contrary to Unit Titles Act 1972 — Whether flexibility as to nature of contemplated subdivision avoided breach — Declaration — Alleged breaches of fiduciary duty — Whether dealing with property inconsistently with rights of beneficial owners — Transfer of property if agreement at end — Unit Titles Act 1972, s 10 — Unit Titles Act 2010, ss 20 and 53.
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Pascoe v Minister for Land Information — (2024) 25 NZCPR 923
Public works — Compulsory acquisition of land — Negotiations — Whether negotiations have to be carried out by Minister personally — Delegation — Carrying out day-to-day tasks — Exercise of statutory power — Lease — Removal of clauses implied in leases — Government Roading Powers Act 1989, s 61 — Land Transport Management Act 2003, ss 93 and 95 — Property Law Act 20007, sch 3 — Public Service Act 2020 ss 8 58 schs 1 and 6 — Public Works Act 1981, ss 2, 4A, 4B, 4C, 16, 17, 18, 19, 21, 23, 24, 26, 28 and 110 — State Sector Act 1988, ss 28 and 41.
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New Zealand Resource Management Appeals
Volume 2025 Part 5 is now available online.
Lawyers for Climate Action NZ Inc v Climate Change Commission — [2025] NZRMA 258
Judicial review — Climate change — Amenability to review — Mathematical error — Statutory interpretation — Climate Change Response Act 2002 — Judicial Review Procedure Act 2016.
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Kaimai Properties Ltd v Queen Elizabeth the Second National Trust — [2025] NZRMA 318
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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Practical Guidance: Succession
Latest Legal Update
High Court removes will’s named executor and trustee
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Practical Guidance: Trusts
Latest Legal Update
Government relaxes anti-money laundering rules for selling homes in family trusts
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O’Gorman, Casey, Broadmore, Eastwick-Field, Lai, Pasley, Sizer, Taylor, Walker
RRP*incl. GST: $175.00
ISBN: 9781991015280 (book)
Publication date: July 2025
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