ArticleJudgment summary - repair or rebuild - Rout v Southern Response Earthquake Services LtdThe judgment primarily involved the factual issues of whether the house was a repair or a rebuild, and the related cost.New ZealandInsuranceDuncan Cotterill
ArticleProposed changes to insurance contract law - what you need to knowMBIE has released an Options Paper, setting out options being considered for three key areas of insurance contract law.New ZealandInsuranceDuncan Cotterill
ArticleCourt of Appeal scales back rules for employment investigationsThis decision is significant because it clarifies employer expectations when carrying out employment investigations.New ZealandEmployment and HRDuncan Cotterill
ArticleOne year on – the obligation of a PCBU to consult, co-operate and co-ordinateThere is yet to be a prosecution under New Zealand's HSWA, but section 34 HSWA mirrors s46 of the Australian legislation.New ZealandEmployment and HRDuncan Cotterill
ArticleWorkplace bullying – what are my obligations?An employer's failure to deal with bullying could lead to legal liability, and an employee could face personal liablity.New ZealandEmployment and HRDuncan Cotterill
ArticleNew Zealand muddling through regulation: says the Productivity CommissionNew Zealand's regulatory system is not broken, but is "muddling through", according to the Productivity Commission. New ZealandGovernment, Public SectorDuncan Cotterill
ArticleNZ government announces Ministerial Directive Letter to the Overseas Investment Office (OIO)The Letter sets out Government's general policy approach and the importance to be placed on certain factors by the OIO.New ZealandGovernment, Public SectorDuncan Cotterill
ArticleBody corporates navigate earthquake insurance issuesWhen you own a property in a unit title development, you and your neighbours are covered by the same insurance policy.New ZealandInsuranceDuncan Cotterill
ArticleCourt of Appeal rules that leaky building claims against James Hardie can proceedClaimants alleged that JH building products were defective, not watertight, and did not comply with building standards.New ZealandLitigation, Mediation & ArbitrationDuncan Cotterill
ArticleChanges to the Fair Trading Act (unfair contracts provisions) that may affect youA person must not include, enforce, apply, or rely on an unfair contract term in a standard form consumer contract.New ZealandConsumer ProtectionDuncan Cotterill
ArticleBig Brother on Facebook: employers and social mediaAs social media continues to increase in popularity, employers need to monitor employee use of workplace technology.New ZealandEmployment and HRDuncan Cotterill
ArticleUK hospital sued after failing to follow advance directiveIf a NZ healthcare provider failed to follow this directive, the reputational and regulatory risks would be significant.New ZealandFood, Drugs, Healthcare, Life SciencesDuncan Cotterill
ArticleRecent data breaches highlight importance of new privacy legislationThe Government has introduced a new Privacy Bill to replace the existing act with one more suited to our digital world.New ZealandPrivacyDuncan Cotterill
ArticleDisharmony and Incompatibility in the WorkplaceThis is one of the few NZ judgments to find in favour of the employer, after a dismissal for serious incompatibility.New ZealandEmployment and HRDuncan Cotterill
ArticleJudgment summary: Tower Insurance Limited v Domenico Trustee Limited: election under an insurance policyThis proceeding relating to election under an insurance policy has now been sent back to the High Court for a rehearing. New ZealandInsuranceDuncan Cotterill
ArticleJudgment summary - earthquake damage - Firm PI 1 Ltd v Zurich Australian Insurance Ltd and Body Corporate 398983The issue was whether the amount payable under the policy is inclusive or exclusive of the amounts payable under the Act.New ZealandInsuranceDuncan Cotterill
ArticleKey earthquake insurance issues for WellingtonRelevant types of insurance for earthquake affected businesses are material damage and business interruption cover.New ZealandInsuranceDuncan Cotterill
ArticleDefamation law: Durie and Hall v Gardiner and Maori Television Service [2018] NZCA 278This judgment creates a new public interest defence, replacing the defence of qualified privilege, to defamation claims.New ZealandLitigation, Mediation & ArbitrationDuncan Cotterill
ArticleReform of judicial review receives Royal Assent in the UKA question that may come up is whether similar judicial review reforms and amendments are also needed in New Zealand.New ZealandLitigation, Mediation & ArbitrationDuncan Cotterill
ArticlePrivacy law update: International GDPR enforcement and facial recognition softwareThe update includes international GDPR enforcement and Microsoft calls for the regulation of facial recognition software.New ZealandPrivacyDuncan Cotterill