Welcome to Lawlink's collection of articles.
As part of our service, we produce a range of legal articles designed to alert our members' clients to legal developments that may affect their businesses.
You can use the search box on the right to carry out a text search of all the articles on our website.
Challenging a mortgagee sale
A recent High Court decision has put to bed any confusion that might have been created by two earlier decisions relating to a mortgagor's ability to challenge a mortgagee sale due to alleged procedural errors on the part of the mortgagee. We examine the large number of issues that were considered and how they've helped clarify several important aspects of banking law.
Exploring and developing natural resources within the Exclusive Economic Zone and Continental Shelf
The opportunity to explore and develop the natural resources of the Exclusive Economic Zone ('the EEZ') and the Continental Shelf is a significant one for New Zealand.
The financial threats of rural fires
When you live on a rural property or lifestyle block fire has the potential to cause major damage. A Nelson couple felt the ramifications after a fire started from their lifestyle block and spread into an adjoining forestry block. The Fire Service and an adjoining forestry owner obtained a substantial court judgment against them. They are not the first to be caught in this trap and it is a situation where ordinary, sensible Kiwis can face catastrophic financial losses.
The idea of a right to a jury trial is so ingrained in New Zealand thinking that we often forget juries are unknown in continental Europe. They are part of our English inheritance, and lawyers from countries with different legal traditions regard our reliance on untrained lay people as bizarre. Nevertheless, juries are here to stay. When the Law Commission made noises about getting rid of juries in sexual violence cases in late 2011, the Government quickly distanced itself, perhaps feeling that the public would not buy the reforms.
Directors: Call your Brokers
Nearly a year to the day after the Court of Appeal, in Steigrad v BFSL 2007 Ltd  NZCA 253,  2 NZLR 100, gave insured directors a Christmas present, the Supreme Court has played Scrooge for directors and Santa for liquidators and receivers of, and investors in, failed finance companies to recover losses by pursuing directors of those companies for breaches of their directors' duties and also for breaches of the Securities Act 1978.