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Becroft and Hall's Transport Law
Service 231 is now available online.
The Criminal Procedure Rules 2012, Land Transport (Road User) Rule 2004, Local Government Act 1974, Motor Vehicle Sales Act 2003, Oranga Tamariki Act 1989, Search and Surveillance Act 2012, and Summary Proceedings Act 1957 have been amended. Commentary on the Land Transport Act 1998, Search and Surveillance Act 2012, New Zealand Bill of Rights Act 1990, and Sentencing Principles & Practice have been updated. An updated index has been included.
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Cross on Evidence
Service 135 is now available online.
The Mutual Assistance in Criminal Matters Act 1992 has been amended. Commentary has been updated for Parts 2 and 3 of the Evidence Act 2006, and for chapter 4 of Evidence law outside of the Evidence Act 2006. An updated index is included.
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Garrow and Turkington’s Criminal Law
Service 192 is now available online.
The Crimes Act 1961, Criminal Procedure Rules 2012, and Search and Surveillance Act 2012 have been amended. Commentary has been updated for the Crimes Act 1961, Criminal Procedure Act 2011, and Search and Surveillance Act 2012. An updated index has been included.
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New Zealand Employment Law Reports
Volume 21 Parts 10 and 11 are now available online.
Cummings v KAM Transport Ltd — (2025) 21 NZELR 718
Interference of privacy — Harms remedies — Personal information — Workplace drug testing — Whether interference of privacy can occur within agency — Privacy Act 1993, ss 4, 66(2)(b), 85(1)(4) and Information Privacy Principle (IPP) 11.
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Faitala v The Pacific Island Business Development Trust — (2025) 21 NZELR 734
Disclosure of documents — Privilege — Self-incrimination — Penalty claims — Examination of documents — Court discretion — Employment Relations Act 2000, ss 189, 221 and 229 — Employment Court Regulations 2000, reg 39 — Evidence Act 2006, ss 60 and 63.
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E Tū Inc v Mainland Poultry Ltd — (2025) 21 NZELR 743
Challenge to determination — Collective agreement — Shift allowances — Meaning of “alternating or rotating” morning shift — Whether affected employees working four-on/two-off morning roster entitled to shift allowance — Whether pattern constituted fixed, alternating, or rotating shift — Employment Relations Act 2000.
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Tighe-Umbers v JetConnect Ltd — (2025) 21 NZELR 756
Personal grievance — Unjustified action — Plaintiff employed by defendant as pilot — Plaintiff dismissed by defendant for non-compliance with COVID-19 vaccination order — Plaintiff raised personal grievance defendant acted unjustifiably by not considering reasonable alternatives before termination — Defendant adopted company-wide position not to grant leave without pay because of resourcing requirements — Defendant’s position inconsistent with duty of good faith and obligation to consider reasonable alternatives before termination — Defendant’s action unjustifiable — Employment Relations Act 2000, s 103A and sch 3A cl 3(4).
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VXO v Health New Zealand—Te Whatu Ora (in respect of the former Northland District Health Board) — (2025) 21 NZELR 771
Personal grievances — Unjustifiable disadvantage — Investigation procedure — Employer’s policy made provision for special paid leave pending investigation of alleged misconduct where genuine concerns for employee’s health or welfare — Plaintiff was medical consultant and senior medical officer — Plaintiff was under investigation in respect of alleged misconduct against resident medical officer — Plaintiff placed on special paid leave without being afforded opportunity to comment — Plaintiff did not object to being placed on special paid leave at time or thereafter until during proceedings — Failure to afford plaintiff opportunity to comment resulted in flawed process — Plaintiff not thereby unjustifiably disadvantaged by employer.
Employment Court — Practice and procedure — Power to prohibit publication — Anonymisation orders — Plaintiff was medical consultant and senior medical officer — Plaintiff challenged determinations of Employment Relations Authority in Employment Court — Challenges were unsuccessful — Plaintiff proffered medical evidence that he would suffer specific adverse consequences if identity became known in community — Orders made but carve out made for Health New Zealand and New Zealand Medical Council carrying out obligations with respect to plaintiff — Employment Relations Act 2000, sch 3 cl 12.
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A v B — (2025) 21 NZELR 797
Interlocutory application — Interim injunction — Serious question to be tried — Name suppression — Anonymity — Open justice and transparency — Judicature Amendment Act 1972.
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Chief Executive of Ministry of Business, Innovation, and Employment v Hairland Holdings Ltd — (2025) 21 NZELR 804
Employment — Employee — Declaration of status — Employment relationship — Jurisdiction of Employment Relations Authority — Purpose of Employment Relations Act 2000 — Employment Relations Act 2000, ss 3(a), 4(2), 5, 6, 102, 143, 157, 161(1), 179, 187, 223E, and 228 — Legislation Act 2019, s 10(1).
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Tillmans Fine Furniture Ltd v Rookes — (2025) 21 NZELR 830
Challenge to determination — Fixed-term agreements — Whether there were genuine reasons for creating fixed-term agreement — What constitutes genuine reason on reasonable grounds — Employment Relations Act 2000, ss 10(3), 10(4), 66(2)(a), and 66(3).
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Allied Investments Ltd v Jones — (2025) 21 NZELR 843
Employment — Constructive dismissal — Terms and conditions — Unilateral change of employment conditions — Breach of contract — Remedies — Employment Relations Act 2000, ss 103A, 123(c)(i), 128, and 134.
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Tōpūtanga Tapuhi Kaitiaki O Aotearoa—The New Zealand Nurses Organisation Inc v Health New Zealand — (2025) 21 NZELR 865
Interim Injunction — Partial strike — Wage deduction for partial strike — Protection of wages — Employment Relations Act 2000, ss 95A, 95B, and 95C — Wages Protection Act 1983.
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New Zealand Family Law Reports
Volume 2025 Parts 3-4 and 5-6 are now available online.
Re Vrieze — [2025] NZFLR 94
Probate in solemn form — Probate in common form — Made in contemplation of particular marriage — High Court Rules 2016, r 27.4 — Wills Act 2007, ss 18(1), and 18(3).
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Nygaard v Nygaard — [2025] NZFLR 98
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 — Family Court Judge concluded shares of company should be valued as at date of separation — Family Court Judge concluded husband should compensate wife for diminution in value — Appeal dismissed — 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 — Family Court Judge acknowledged erring in making orders that had effect of making wife contribute to husband’s liability to her for occupational rent — Appeal allowed — Property (Relationships) Act 1976, s 18B — Family Proceedings Act 1980, s 182.
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Matthew v Harding — [2025] NZFLR 131
Relationship property — Interim orders — Sale orders — Respondent applied for sale orders with respect to former home occupied by parties — Appellant continued to reside in former home — Respondent owned other property encumbered by mortgage that he contended was his separate property — Respondent sought application of proceeds of sale of former home in reduction of mortgage on that other property — Respondent contended bank loan secured by mortgage was relationship debt — Family Court judge concluded respondent’s inability to service bank loan over other property outweighed appellant’s emotional attachment to former home — Family Court judge made orders as sought by respondent — Appellant appealed to High Court — Family Court judge erred in making such orders because bank was third party with no interest in relationship property — Fresh evidence on appeal showed respondent had secured new tenant in additional property after Family Court judgment — Respondent thereafter able to service bank loan himself — Family Court orders set aside — Appellant afforded opportunity to purchase respondent’s relationship interest — Property (Relationships) Act 1976, s 25(4).
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Julian v Ioasa—Succession to Moehuarahi Te Ruuri — [2025] NZFLR 147
Family protection — Jurisdiction of Māori Land Court in respect of whenua Māori — Identification of testator’s moral duty to make family provision — Relevance of statute and tikanga — Proper approach of Māori Land Court in such claims — Family Protection Act 1955, ss 3A, and 4.
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Russell v York — [2025] NZFLR 184
Guardianship — Dispute between guardians — Choice of school — Welfare and best interests of child — Religious school — Elite private school — Mother teacher at private school — Socio-economic status — Other child attending state school — Impact on father’s ability to be involved — Whether attending private school would be divisive within family — Care of Children Act 2004, ss 4, 5, 6, 7AA, 16, and 46R — Education and Training Act 2020, ss 58, and 59.
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Sunde v Sunde — [2025] NZFLR 203
Personal and property rights — Enduring powers of attorney — Court’s jurisdiction — Jurisdiction to review “any decision” made by an attorney includes jurisdiction to review all decisions made by an attorney in defined period — Proper approach to review of attorney’s decisions — Protection of Personal and Property Rights Act 1988, ss 36, 93A, 93B, 94, 99A, 99B, 99C, 102, 103, and 107.
Practice and procedure — Family Court — Judgments and orders — Enforcement — “Unless” orders — Debarring orders — Proceedings reviewing decisions made by attorney in exercise of enduring power of attorney with respect to property — Unless order made in consequence of attorney’s failure to comply with directions to give discovery — Party debarred upon further failure to comply — Attorney’s right to natural justice not implicated — Proper approach to exercise of such powers — New Zealand Bill of Rights Act 1990, ss 4, 5 and 27 — Family Court Rules 2002, r 237.
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The following precedents have been reviewed and updated: Building and Engineering Contracts.
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New Zealand Conveyancing and Property Reports
Volume 26 Part 6 is now available online.
V & A Trading Co Ltd v Action Holiday Ltd — (2024) 26 NZCPR 401
Leases — Agreement to arbitrate — Rent arrears — Landlord issued notice to tenant for non-payment of rent — Tenant did not pay rent within time period stipulated — Landlord applied for summary judgment in High Court — Tenant entered appearance objecting to jurisdiction by reason of arbitration clause in lease — Tenant raised disputes amenable to arbitration under lease — Disputes raised by tenant did not prevented rent claimed by landlord being payable — Summary judgment entered — High Court Rules 2016, r 5.49.
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Collow v Body Corporate 171766 — (2025) 26 NZCPR 415
Encroachment — Wrongly placed structure — Jurisdiction — Structures on applicants’ land encroached partially on common property owned by respondent — Applicants and respondent consented to terms of easement instrument — Land Information New Zealand refused to register easement instrument absent court order — Applicants instituted proceedings seeking such orders by way of summary judgment — Applicants and respondent consented to orders — Summary judgment entered — Property Law Act 2007, ss 322, 323, and 325.
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Parkinson v Body Corporate 62124 — (2025) 26 NZCPR 426
Unit titles — Dispute resolution — Appointment of replacement administrator — Dispute between members of body corporate as to responsibility for retaining wall shared with neighbouring development — Tenancy Tribunal found body corporate responsible for its repair — Administrator appointed to negotiate with neighbouring development — Administrator negotiated agreement with 60-40 contributions by respective complexes — Second and third respondents maintained opposition to body corporate’s responsibility for repair of retaining wall and actions of administrator — Pending retirement of current administrator — Appointment of further administrator — Proper approach to term of appointment — Proper approach to apportionment of administrator’s costs and expenses — Unit Titles Act 2010, ss 3, 126, 127, and 141.
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ADM International Sarl v Kiwi Forests Investment Ltd — (2025) 26 NZCPR 438
Fair trading — Misleading and deceptive conduct — “In trade” — Defendant entered into deed with non-party purporting to grant forestry right to that non-party — Defendant caused deed to be registered on land transfer register — Notation on register recorded forestry right — Plaintiff alleged misleading and deceptive conduct involving registration and notation — Deed held to grant forestry right — If deed did not grant forestry right registration of deed meant deed was available to anyone inspecting register — Such conduct did not have capacity to mislead or deceive having regard to relevant hypothetical reasonable person who would have viewed deed — Fair Trading Act 1986, s 9 — Forestry Rights Registration Act 1983, ss 2A, and 3.
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Khan v New Zealand Muslim Association — (2025) 26 NZCPR 455
Land Transfer Act 2017 — Indefeasibility — In personam claim — Knowing receipt claim — Equitable proprietary claim — Land Transfer Act 2007, s 51(5).
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Hall v Geary Ltd — (2025) 26 NZCPR 472
Cross-leases — Relief from cancellation — Apartment complex — Covenant not to make structural alterations without lessor’s consent — Covenant included prohibition against erection of structures — Installation of “swim-spa” pool in area designated for exclusive use of one apartment — Consent withheld — Issue of notice cancelling lease — “Swim-spa” pool constituted “structure” — Consent required — “Swim-spa” pool made visual intrusion on upper apartment — Consent not unreasonably withheld — Discretion to relieve from cancellation exercised upon condition that structure removed — Property Law Act 2007, ss 243, and 256.
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New Zealand Resource Management Appeals
Volume 2025 Parts 9-10 and 11-12 are now available online.
Selwyn District Council v Giltrap — [2025] NZRMA 452
Civil procedure — Access request — Non-party access to court document — Media — District Court (Access to Court Documents) Rules 2017, rr 4, 8(1), 11, 11(7), 12(c), 12(d), and 12(h).
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Leblanc v Porirua City Council — [2025] NZRMA 457
Appeal — Proposed District Plan — Significant natural areas — Indigenous biodiversity values — Regional policy statement — Connectivity — National Policy Statement for Indigenous Biodiversity 2023 — Resource Management Act 1991, ss 6(c), 32, 74(2)(i), and 290A — Resource Management (Freshwater and Other Matters) Amendment Act 2024.
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Wellington Civic Trust v Wellington City Council — [2025] NZRMA 472
Judicial review — Local governments — Decision-making — Decision to demolish Wellington City to Sea Bridge — Council obtained expert opinions in respect of remediation options for Bridge having regard to seismic risk — Nature and extent of obligation on Council to identify reasonably practicable options — Council entitled to rely on costings done by experts — Nature and extent of obligation on Council to consult public — Council could itself determine upon which matters it would seek public consultation — Council not obliged to put every option to public for consultation — Debate as to Council’s approach to seismic assessment and risk unsuitable for judicial review — Application dismissed — Local Government Act 2002, ss 14, 77, 78, 79, and 82.
Words and phrases — “footbridge” — “building” — “seismic assessment”.
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Northland Regional Council v Bayly — [2025] NZRMA 527
Enforcement orders — Application to vary enforcement orders — Extension of time — Delay due to expert advice — Delay due to weather — Resource Management Act 1991, s 321.
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Ngāti Paoa Trust Board v Auckland Council — [2025] NZRMA 538
Resource consents — Auckland Council District — Applicants proposed construction of three-bedroom dwelling and visitor accommodation units at site covered in mature native bush noted as Significant Ecological Site under district plan — Council granted consent subject to conditions — Appellant appealed to Environment Court from decision to protect recorded wāhi tapu pā site of Ngāti Paoa — Iwi Trust joined appeal as party in support of Council’s decision — Proper role of Environment Court in resolving dispute as to representation of Ngāti Pāoa — Relevance of wāhi tapu area to decision to grant or refuse resource consent — Appellant had misunderstood archaeological evidence and historical position of Ngāti Pāoa with respect to permitting development in area — Wāhi tapu area protected by grant of resource consent subject to conditions — Resource Management Act 1991, ss 104, and 104C — Heritage New Zealand Pouhere Taonga Act 2014.
Words and phrases — “wāhi tapu” — “archaeological evidence”.
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Patents and Inventions Reissue 1
The first reissue of the Patents and Inventions title, written by David Koedyk, has now been completed in full and is available online and in hard copy. In addition to Chapters already published on applications for, and opposition to, the grant of patents (Chs 1 to 8), re-examination after acceptance of applications (Ch 9), revocation and surrender (Ch 10), restoration of lapsed applications (Ch11), infringement and related matters (Ch 12), licences and the use of inventions by the Crown (Ch 13), international agreements (Ch 14), and patent attorneys (Ch 15), the title is now offering essential guidance on the grant of plant variety rights (Chs 16 to 21), which completes the publication of its first reissue.
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Service 117 (updated to 30 June 2025) is now available online.
Service 117 features significant updates to:
- the “Employment” title, as a result of the Equal Pay Amendment Act 2025, which came into force on 14 May 2025;
- the “Immigration and Protection Law” title, as a result of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025, the bulk of which came into force on 30 March 2025;
- the “Information” title, as result of the Customer and Product Data Act 2025, which came into force on 30 June 2025;
- the “Public Safety” title, as a result of the Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025, which came into force on 29 June 2025;
- the “Securities Law” title, as a result of the Financial Markets (Conduct of Institutions) Amendment Act 2022, the majority of which came into force on 31 March 2025; and
- the “Sentencing” and “Prisons and Enforcement of Sentences” titles as a result of the Sentencing (Reform) Amendment Act 2025, which came into force on 29 June 2025.
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Author(s): Matthew Barber, Simon Hamilton, Sophie Hayman,
Rebecca Scott, Richard Scragg, Stephen Todd, & Debra Wilson
RRP* incl. GST: $160.00
ISBN: 9781991015440 (book)
Publication date: January 2026
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Did you know that our LexisNexis® training webinars are complimentary, delivered by our experienced team of training consultants and most are CPD compliant?
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Getting Started with Protégé™ General AI
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Protégé General AI brings together leading general-purpose AI models, grounded in web content and supported by CaseBase® for checking all within the Lexis+ AI® environment. This means lawyers can think, draft, and explore beyond legal questions into broader, strategic tasks, all in one secure environment.
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- What is Protégé General AI
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Having completed this session, you will be able to:
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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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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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