Issue 517 | 21 February 2022
LexisNexis® News
Did you know that our LexisNexis training webinars are complimentary and most are 
CPD compliant? 
Wednesday, 23rd of February at 11am  

Have a look under the hood to get more understanding of how CaseBase and LexCite work on Lexis Advance. Understand the sources they draw their information from and how they can aid your legal research and save you time. Duration: 60 min

Click here to register today.
Thursday, 24th of February at 4pm 

Improve your research skills and save time using Lexis Advance. In our Bar-focused training session, discover how to customise your publications efficiently, learn how to filter your search results, link to your favourite publications, highlight and make annotations, create your own work folders to organise your research results, and stay up to date with the latest content.
Duration: 60 min

Click here to register today.
Thursday, 3rd of March at 4pm  

In this session we will provide an orientation to Lexis Advance. Learn to harness the power of the Lexis Advance search engine to find case law, legislation, commentary, forms & precedents and practical guidance on different areas of law. This session will enable you to find what you need quickly and save time. Duration: 60 min

Click here to register today.
Friday, 11th of March at 11am   

This session will look at how Practical Guidance operates as a standalone module and as a partner to the research you may run on Lexis Advance.
In Practical Guidance you can find guidance written by experts in different areas of law that lead you to the relevant cases and legislation, forms, checklists and precedents as well as extracts from the key text Lexis publishes in that area. Focus on understanding the use and benefits of Practical Guidance modules for your everyday research.
Duration: 45 min

Click here to register today.
Unable to attend our webinars? Visit Learning Options on the LexisNexis Knowledge Network and explore alternative ways our Learning Consultants can tailor your training experience to meet your needs and skill set.
Peter Watts

RRP*incl GST: $200.00
ISBN: 9781988546841 (book)                                  
ISBN: 9781988546858 (ebook)                            
Publication date: 27 December 2021
Stephen Todd & Matthew Barber

RRP*incl GST: $200.00 $180.00 (pre-order price)
ISBN: 9781988546704 (book)                                  
ISBN: 9781988546711 (ebook)
Publication date: April 2022
Julia Tomie, Kris Gledhill, Fleur Te Aho & Khylee Quince

RRP*incl GST: $175.00
ISBN: 9781927248225 (book)                                  
ISBN: 9781927248553 (ebook)                            
Publication date: 31 January 2022
Mazengarb’s Employment Law

Service 266 is now available online.

Updates to the Employment Relations Act 2000 have been made in Part 1: Key provisions; Part 2: Preliminary provisions; Part 5: Collective bargaining; Part 6: Individual employees’ terms and conditions of employment; Part 6A: Flexible working; Part 9: Personal grievances, disputes and enforcement; Part 9A: Additional provisions relating to enforcement standards. Updates have also been made to Selected Topic: Contractual Aspect of Employment; Selected Topic: Pay equity; Minimum Wage Act 1983; Wages Protection Act 1983; Parental Leave and Employment Protection Act 1987; Human Rights Act 1993; Accident Compensation Act 2000; and the Health and Safety at Work Act 2015.

Personal Grievances

Service 87 is now available online.

Updates have been made to Chapter 3: Unjustifiable dismissal; Chapter 4: Procedural fairness; Chapter 5: Grounds for dismissal; Chapter 7: Unjustifiable disadvantageous action; Chapter 8: Discrimination; Chapter 9: Sexual and racial harassment; and Chapter 11: Remedies.

Gordon Anderson & Dawn Duncan                     

RRP*incl GST: $150.00
ISBN: 9781988546582 (book)                            
ISBN: 9781988546599 (ebook)                          
Publication date: 17 December 2021
Practical Guidance: Family

Latest legal updates
When guardians cannot agree whether to vaccinate children

Five-year family trust court battle of the Prestons finally over

New Zealand Family Law Reports

Part 9 Volume 2021 is now available online.

Re TN — [2021] NZFLR 431

Enduring powers of attorney — Court’s jurisdiction — Whether donor is mentally incapable — Whether attorney should be authorised to execute will for and on behalf of donor — Distinction between mental incapacity for purposes of enduring power of attorney and lack of testamentary capacity — Donor not wholly competent to manage affairs and was “mentally incapable” for purposes of enduring power of attorney — Donor did not lack testamentary capacity — Protection of Personal Property Rights Act 1988, s 102.
Panikkar v Sharma — [2021] NZFLR 443

Relationship property — Proceedings — Powers of Court — Interlocutory applications — Order for sale — Applicant sought urgent order for sale of family home because of surge in market prices following COVID-19 lockdown — Interlocutory orders for sale should not be based on speculation in residential property market — Application refused.
B W (2004) Ltd v Mlouk — [2021] NZFLR 451

Relationship property — Notice of claim — Properties owned by companies — Claim of interest in company property — Shareholder and directors having no legal or beneficial interest in properties owned by company — Companies Act 1993, s 15 — Land Transfer Act 2017, s 142 — Property (Relationships) Act 1976, ss 2, 42 and 44.
Wooldridge v Kumari — [2021] NZFLR 461

Relationship property — Agreement to oust jurisdiction of New Zealand courts — Informal agreement — Implied ousting of New Zealand courts — Marriage of short duration — Periods of absence — Periods of absence not making marriage one of short duration — Unequal sharing — Equal sharing being repugnant to justice — Age differences — Future earning potential of parties — Value of family home as high proportion of relationship property — Marriage of limited duration — Periods of absence — Non-monetary contributions insufficient to offset unjust consequences of equal sharing — District Court Act 2016, ss 126, 127, 128, 129 and 130 — Evidence Act 2006, s 65 — Property (Relationships) Act 1976, ss 1N, 2E, 7A, 13, 14, 18 and 39 — High Court Rules 2016, rr 20.14 and 20.16.
David Bullock & Tim Mullins                                 

RRP*incl GST: $150.00 $135.00 (pre-order price)
ISBN: 9781988546193                                              
Publication Date: April 2022
Matthew S R Palmer (editor)                             

RRP*incl GST: $200.00 $180.00 (pre-order price)
ISBN: 9781988546728                                              
Publication Date: May 2022
Caroline Miller & Lee Beattie (editors)                                 

RRP*incl GST: $125.00 $112.50 (pre-order price)
ISBN: 9781988546742 (book)
ISBN: 9781988546759 (ebook)
Publication date: March 2022
New Zealand Conveyancing and Property Reports

Part 7 Volume 22 is now available online.

Lendlease Capital Services Pty Ltd v Arena Living Holdings Ltd — (2021) 22 NZCPR 498
Sale of land — Vendor’s warranties — Contractual requirement to give notice before claiming on warranties — Effectiveness of notice — Requirements of form and content of notice — Reasonable recipient of notice — Understanding of reasonable recipient of notice — Weathertight Homes Resolution Services Act 2006, ss 32 and 37.
Reynolds (as trustees of the F & J Reynolds Trust) v Parklands Properties Ltd — (2021) 22 NZCPR 516

Easements — Extinguishment — Change in use of land — Change in use only occurring once easements removed — Change in character of neighbourhood — Change in character anticipated when easements put in place — Change in planning rules — Changes in planning rules just facilitating earlier modifications — Compensation for removal of easement — Calculation of compensation — Value which parties acting reasonably would have agreed to — Willing buyer willing seller approach — Land Transfer Act 2017, s 245 — Property Law Act 1952, s 126G — Property Law Act 2007, ss 316 and 317.
Seabrook v Draiocht Trust Partnership Ltd — (2021) 22 NZCPR 550

Division of land — Order of sale and division of proceeds — Occupation rent — Property held by two trusts equally for estranged siblings — Property parents’ former home — Daughter living in house with children — Whether order for sale necessary — Whether property should be sold — Effect of parents’ wishes that daughter remain in property until grandson finished education — Hardship — Value of respective contributions — Whether trustees breached obligations to beneficiaries — Property Law Act 2007, ss 339, 342, 342(a), 324(b), 342(c) and 343 — Trustee Act 1956, s 68.

Trusts — Trustee — Removal of trustees — Breach of obligations — Sale of property — Two trusts owning equal shares in property for siblings — Property former home of deceased parents — Parents expressing wish that daughter stay in house until grandson finished education — Proposed dissolution of partnership of two trusts — Whether improper delegation by trustees — Whether proposed sale of property breach of trustee obligations — Failing to take wishes of settlors into account — Trustee Act 1956, s 68.
Lu v Wila Development (Ormiston) LP — (2021) 22 NZCPR 569

Caveats — Application to sustain — Caveat as purchaser under agreement for sale and purchase — No assignment without consent clause — Nominated purchaser — Unconsented nomination — Nomination ineffective — No equitable interest as purchaser — Sunset clause — Reasonable efforts to obtain title — Evidence of reasonable efforts.

Caveats — No-caveat clause — Entitlement to cancel contract for breach of no-caveat clause — Repudiation of contract — Court’s discretion to remove caveat — Acceptance of repudiation by not seeking specific performance — Contract and Commercial Law Act 2017, ss 12, 17, 35, 36 and 42 — Land Transfer Act 2017, ss 138, 142 and 143 — Resource Management Act 1991, s 224.
Chris Kelly, Greg Kelly, Colette McKenzie & Kimberly Lawrence

RRP*incl GST: $220.00 $198.00 (pre-order price)
ISBN: 9781988546292 (book)
ISBN: 9781988546308 (ebook)
Publication date: March 2022
John Burrows QC and Jeremy Finn (editors)           

RRP*incl GST: $150.00 $135.00 (pre-order price)
ISBN: 9781988546544 (book) 
ISBN: 9781988546551(ebook)                                 
Publication date: March 2022
Judge Peter Spiller (editor)                                               

RRP*incl GST: $49.00
ISBN: 9781988546735 (book)
Publication date: 05 February 2022
Nicholas Wood

RRP*incl GST: $50.00 $45.00 (pre-order price)
ISBN: 9781988546865 (book)
ISBN: 9781988546872 (ebook)
Publication date: March 2022
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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