Issue 470 | 10 February 2020
LexisNexis® News
 
                    
                 
 
 
LexisNexis ONDEMAND webinars are delivered by subject experts and accompanied by a short comprehension quiz. Our latest ONDEMAND webinars are as follows:


Guidance on the principles and practical issues associated with workplace disciplinary processes
and investigations.
Duration: 60 min

Click here to register today.

The webinar looks at the recurring issues of fairness and reward that are commonly encountered during inheritance disputes and provides legal advisors, arbitrators and mediators with tools to advise and manage these when drafting or advising clients on wills, estates and succession. 
Duration: 60 min

Click here to register today.

This webinar examines the ongoing challenges of knowing your customer and practicalities of ensuring appropriate customer due diligence in an increasingly digital world in order to meet AML/CFT requirements.
Duration: 60 min

Click here to register today.

Applying for a court order to administer a deceased estate when a person dies without a will is often complicated. This webinar appraises the requirements for an application of intestacy; the selection of appropriate evidence in support of the application and the recognition of factors that affect entitlement.
Duration: 60 min

Click here to register today.

The application process for Letters of Administration with the will annexed differs from probate applications and knowing what matters need to be considered and addressed and supported by evidence, or indeed omitted, when making an application, is not always clear. This webinar provides guidance on recognising the key requirements for the preparation of a valid will and the requirements for making an improperly executed will declared valid.
Duration: 60 min

Click here to register today.

To find out more about these and our other content webinars via the eStore here.
 
Company and Securities Law Bulletin

Issue 11 & 12 is now available online.

Issue 11 & 12 features headnotes on Thomas v Thompson [2019] NZCA 503; Houghton v Saunders [2019] NZCA 506; and Mainland Digital Marketing Ltd v Willetts [2019] NZHC 2542. It also features a Legislative Update and the Cumulative Index 2019.

Morison’s Company Law

Service 194 – December 2019 is now available online.

This service includes updates to chapters on: the liquidation process; the consequences of liquidation; the liquidator’s duties, rights and powers; and liability of related companies, shareholders and directors in a liquidation. The service also includes updates to precedents.

Morison’s Securities Law

Service 194 – December 2019 is now available online.

This service includes updates to: commentary on anti-money laundering and countering financing of terrorism; chapters on personal property securities; and annotated commentary on Pt 4 of the Financial Markets Conduct Act 2013.

New Zealand Law Reports

Bushline v ANZ Bank 

ANZ Bank offered rural customers complex financing product – Margins increased following global financial crisis – Whether representation and undertakings breached.

Harmoney v Commerce Commission

Credit contracts – Peer-to-peer lending platform – Whether platform fee charged to borrowers was a credit fee.

Offical Assignee v ASB

Property of bankrupt – Power of Official Assignee to obtain documents relating to bankrupts’ possible concealment of assets and operating of a business.
 
Practical Guidance: Criminal

Latest Legal Updates
Number of Māori babies being removed from their families increasing

New Zealand Law Reports

Bublitz v R 

Theft – Burden of proof – Crown to prove appellants controlled parties on both sides of transactions.

Wirihana v R

Criminal practice and procedure – Jurisdictional pathways for appeals – Whether Court of Appeal first appeal court for conviction and sentence appeals.
 
Mazengarb’s Employment Law service 251 is now online.

Adams’ Land Transfer service 95 is now online. 

Practical Guidance: Employment

Latest Legal Updates
Case summary — Breach of employment standards

Union calls for end to practice of “forum shopping” in cases involving migrant workers

Practical Guidance: Employment Law for Employers

Latest Legal Updates
Hawke’s Bay employer penalised again for exploiting workers

Sawmill workers learn of job loss during Christmas break
 
Practical Guidance: Family

Latest Legal Updates
Privacy Act request considers relationship to Family Court Act

Court of Appeal: girl will remain in New Zealand after a child abduction case
Textbooks
 
Henaghan & Atkin et al

RRP*incl GST: $165.00
ISBN: 9781988546100 (book)
Publication date: December 2019
 
 
LNNZ

RRP*incl GST: $140.00
ISBN: 9781988546186 (book) – two volume set
Publication date: December 2019
 
 
Mark Henaghan & Bill Atkin (editors)

RRP*incl GST: $160.00 $144.00 (pre-order price)
ISBN: 9780947514969 (book)
Publication date: March 2020
 
Textbook
 
Alberto Costi (editor)

RRP*incl GST: $175.00 $157.50 (pre-order price)
ISBN: 9781877511042 (book)
Publication date: March 2020
 
The following titles have been partially reissued online pending their completion in full:

- Taxation Reissue 1, written by Emma Marr, which now offers completely revised and updated content relating to Revenue in Part I of the title.

- Civil Procedure: District Court Reissue 2, written by Adrienne Wing, which now contains completely revised and updated content in Parts I – IV of the title on civil procedure in the District Court, up to and including case management and interlocutory applications.

- Civil Procedure: High Court Reissue 2, written by Chris Corry, which now offers completely revised and updated content in Parts I – III of the title, providing guidance on general administrative and jurisdictional matters, and on proceedings up to and including case management in the
High Court.

Service 93 (updated to 30 July 2019) is now available online.

Service 93 features significant updates to: 
  • the "Health Practitioners" title, as a result of the Health Practitioners Competence Assurance Amendment Act 2019, which came into force on 12 April 2019; 
  • the "Māori Affairs" and "Treaty of Waitangi" titles as a result of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, which came into force on 30 May 2019;
  • the "Public Safety" title as a result of the Brokering (Weapons and Related Items) Controls Act 2018, the remainder of which came into force on 1 June 2019;
  • the "Companies" title as a result of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019, which came into force on 6 June 2019;
  • the "Insurance" title as a result of the Canterbury Earthquakes Insurance Tribunal Act 2019, which came into force on 10 June 2019;
  • the "Employment" title as a result of the Employment Relations Amendment Act 2018, of which ss 6, 11 - 14, 19 - 24, 36 - 45 came into force on 6 May 2019 and ss 31 - 34 came into force on 11 June 2019;
  • the "Lessor and Lessee" title as a result of the Healthy Homes Guarantee Act 2017, the remainder of which came into force on 1 July 2019;
  • the "Betting, Gaming, and Lotteries" title as a result of the Racing Reform Act 2019, of which Part 1 and ss 26, 27(1), 28(1) and (4), and 29 came into force on 1 July 2019.
  • the "Public Safety" title, as a result of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019, which came into force on 12 April 2019, and the Oranga Tamariki Legislation Act 2017, which fully came into force on 1 July 2019; 
  • the “Parent and Child”, “Criminal Procedure”, and “Employment titles”, as a result of the Family Violence Act 2018, which came into force on 1 July 2019, and of the Oranga Tamariki Legislation Act 2019, the remaining provisions of which also came into force on 1 July 2019
Stop Press has been updated to include a summary of the following decisions of the Supreme Court, the Court of Appeal, and the High Court:
  • Lundy v R [2019] NZSC 152
  • Misa v R [2019] NZSC 134
  • Schmuck v Opua Coastal Preservation Inc [2019] NZSC 118
  • Shark Experience Ltd v PauaMAC5 Inc [2019] NZSC 111
  • Winter v R [2019] NZSC 98
  • R (SC 1/2019) v R [2019] NZSC 87
  • Robt. Jones Holdings Ltd v McCullagh [2019] NZSC 86
  • Ellis v R [2019] NZSC 83
  • Rangitira Developments Ltd v Royal Forest and Bird Protection Society of New Zealand Inc [2019] NZSC 81
  • H (SC 97/2018) v R [2019] NZSC 69
  • Xu v IAG New Zealand Ltd [2019] NZSC 68
  • Commerce Commission v Lodge Real Estate Ltd [2018] NZCA 523
  • Zhang v R [2019] NZCA 507 Zhang v R [2019] NZCA 507
  • New Zealand National Party v Eight Mile Style, LLC [2018] NZCA 596
  • Dodds v Southern Response Earthquake Services Ltd [2019] NZHC 2016
  • Busby v IAG New Zealand Ltd [2019] NZHC 1582
  • Calver v Accident Compensation Corporation [2019] NZHC 1581
 
Service 238 is online. Intellectual Property and Sale of Liquor precedents have been updated.
 
Practical Guidance: District Court Litigation

Latest Legal Updates
Dates announced for District Court Judge swearings-in

Appointment of 21 new District Court judges to boost diversity and improve access to justice

Consultation paper on reform of civil trial procedures

District Court Judge Rob Ronayne has died

Dates announced for Queen’s Counsel ceremonies
 
Conveyancing Bulletin

Volume 18 issue 16 is now available online.

This issue covers key cases in the areas of easements, the Land Transfer Act, residential tenancies, cross-leases, freehold covenants, unit titles and mortgages. 
Textbook
 
Don McMorland & Thomas Gibbons

RRP*incl GST: $180.00
ISBN: 9781988546179 (book)
Publication date: December 2019
 
Practical Guidance: Succession

Latest Legal Updates
Siblings fight over the estate of Dr Jim Sprott

Continual litigation over sister’s will leads to $300,000 of estate funds being spent on legal fees

Siblings awarded $1,250,000 each from their estranged father’s Lotto estate

Law Commission to review succession law

High Court varied will based on settlement made by heirs

Grandfather made will disinheriting grandchildren if they are gay or lesbian
 
Textbook
 
Lindsay Breach

RRP*incl GST: $120.00
ISBN: 9780947514617 (book)
Publication date: November 2019
 
New Zealand Law Reports

Commerce Commission v Viagogo

Interim injunction – Overseas defendant – Jurisdiction of High Court.
Textbooks
 
Alana Thomas & Corin Merrick

RRP*incl GST: $120.00
ISBN: 9780947514891 (book)
Publication date: October 2019
 
 
Simon Mount QC & Max Harris (editors)

RRP*incl GST: $85.00
ISBN: 9781988546070 (book)
Publication date: December 2019
 
 
Various Contributors

RRP*incl GST: $30.00
ISBN: NZWLJ2019VOL3
Publication date: December 2019
 
 
Matthew S R Palmer (general editor)

RRP*incl GST: $200.00 $180.00 (pre-order price)
ISBN: 9780947514914 (book)
Publication date: March 2020
 
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.

© LexisNexis NZ Limited 2020. All rights reserved.