Insights from our team
Landowners - no longer liable for health and safety failings?
The High Court’s decision to quash Whakaari Management Limited’s (WML) conviction arising out of the fatal Whakaari / White Island (Whakaari) eruption limits the scope for landowners to be liable for health and safety at workplaces.
The Future of Formal Warnings
In Lincoln v Attorney-General [2024] NZCA 515, the Court of Appeal examined the use and legality of formal warnings given by the New Zealand Police | Nga Pirihimana o Aotearoa.
Director’s H+S responsibility - A lesson from Australia
The Brisbane Magistrates Court has recently sentenced an Australian company, alongside its director, for breaching health and safety duties in relation to the tragic drowning of two tourists, a father and young son, at a popular Queensland tourist destination.
A High Price for False Sustainability
In the recent decision of Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited 2024 [FCA] 850, the Federal Court of Australia issued a landmark decision on greenwashing marketing tactics used in the financial services industry.
Guidance on the relevant principles in awarding costs
The recent decision of Commissioner of Police v Apanui [2024] NZCA 307 has provided further guidance on the relevant principles in awarding costs under s 364 of the Criminal Procedure Act 2011 (CPA).
Examining interim restraining orders
In Commissioner of Police v McLean [2024] NZHC 1813, the High Court examined the term “interim restraining order” and considered an application to strike out the Commissioner of Police’s restraining order application over the McLeans’ Taieri Road property….
Principles of Causation in Public Law Damages Claims
In Attorney-General v Putua [2024] NZCA 67, the Attorney-General successfully appealed a High Court decision ordering the Crown to pay $11,000 compensation to Mr Putua for a breach of the Bill of Rights Act 1990.
When is an undertaking for damages and costs required in proceeds of crime litigation?
The Court of Appeal has its say in Commissioner of Police v Salter on the issue of whether an undertaking for damages was required by the Commissioner of New Zealand Police in proceeds of crime litigation.