Insight / Dispute Resolution The what, why and how of legal professional privilege in New Zealand Legal privilege allows clients to communicate openly with their legal advisors, confident that what they discuss will remain confidential and protected from disclosure to both other parties and the public, without their consent. Read more
Insight / Dispute Resolution Submissions open for innovative proposed adjudication framework The Ministry of Justice (MoJ) is consulting on a “world first” statutory adjudication framework aimed at providing businesses with a fast, efficient and cost-effective alternative to resolve disputes. Modelled on the adjudication framework under the Construction Contracts Act 2002 (CCA), the proposal would transform how civil commercial disputes are handled by implementing a prescribed statutory process. Read more
Insight / Dispute Resolution Supreme Court clarifies key principles in misstatement cases The Supreme Court’s recent decision in Routhan v PGG Wrightson Real Estate Ltd [2025] NZSC 68 provided critical guidance on how damages are assessed in negligent misstatement cases under New Zealand law. The Court clarified that recoverable loss is not determined solely by causation and remoteness, but also by examining the ‘scope of duty’ (whether the loss relates to a risk the defendant fairly assumed responsibility for). The decision refined the influential principles from South Australia Asset Management Corp v York Montague Ltd [1997] AC 191 (HL) (SAAMCO) and will be of particular interest to professionals whose advice may influence another’s decision-making. Read more
Insight / Dispute Resolution Show me the money: enforcing court orders for debt payment Those owed money under a contract or because of a civil wrong are often quick to pursue the debtor for their loss. They may take their case to Court and obtain a judgment which confirms a debtor must pay. However, a successful creditor may not automatically receive the money owed, as the debtor might be insolvent or simply refuse to pay. Read more
Insight / Dispute Resolution Decision highlights need for effective limitation of liability clauses Engineers and their insurers can breathe a sigh of relief following the High Court’s recent decision. The Court determined as a preliminary issue that the defendant engineers could rely on their contractual limitations of liability to limit any liability they have to Tauranga City Council (TCC) as the owner of non-residential building. Read more
Insight / Dispute Resolution Fellowship awarded to Wynn Williams Partner Wynn Williams' Partner Rebecca Saunders has been awarded Fellowship in Arbitration by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ). Read more