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Cyclone Gabrielle: an update on the response to the damaging effects of the Hawke’s Bay flooding

Written by Kevin Osborne and Dan Barclay  It has been 2 years since Cyclone Gabrielle and other severe weather events in 2023 caused widespread damage to the Hawke’s Bay region. Whilst people in residential areas are recovering more effectively, rural landowners across the region are still suffering from widespread effects of the Cyclone. Orders under the Severe Weather Emergency Recovery Act (SWERLA) 2023 were made in June 2024 with the Hawke’s Bay Flood Protection Works and the Resource Management-Hawke’s Bay Rural...

Disputes Tribunal Amendment Bill: Potential Change to the Access of Civil Justice in New Zealand

Written by Dan Barclay A Bill proposing to increase the financial jurisdiction of the Disputes Tribunal from $30,000 to $60,000 has passed its first reading in Parliament during November 2024. Many people are often deterred from pursuing claims as they cannot afford to take it to the District Court or the fees of going to Court exceed the value of claim they are pursuing. The proposed increase to the value of a claim allows for these claimants to have their case heard,...

Alalääkkölä v Palmer: rethinking Relationship Property and the importance of a contracting out agreement

Written by Saige Lindsay In February 2024, the Court of Appeal gave a precedent-setting judgment in the case of Alalääkkölä v Palmer regarding how copyrights are treated in the context of relationship property. Ms Alalääkkölä was a painter, who produced commercial art. The parties separated in 2017 following a 20-year marriage. Upon separation, Mr Palmer wished to continue managing the commercial art business. It was his argument that while Ms Alalääkkölä was the artist, he commercialised the work by promoting and...

New stalking legislation to come into force

Written by Damandeep Sadhra and Saige Lindsay During November 2024, Justice Paul Goldsmith announced the Government’s plan to make stalking an illegal offence. The Crimes Legislation (Stalking and Harassment) Amendment Bill (Bill) was introduced and passed the first reading in Parliament on 12 December 2024. The Bill defines stalking as three specified acts within a 12-month period that establish a pattern of behaviour amounting to stalking, including behaviour that is likely to cause fear or distress. Watching, loitering, recording, and contacting...

Changes to Employment Law during 2024 and beyond

Written by Christine Symes and Saige Lindsay Over the past year, there have been several changes proposed and implemented by the National and Act coalition government within the realm of employment law; affecting both employers and employees. Below is a summary of these changes and how they may affect you. The minimum wage increase On 17 December 2024, Workplace Relations and Safety Minister Brooke Van Velden announced that the minimum wage will increase by 35 cents to $23.50 per hour, and the...

Making building more affordable

As part of the Government’s commitment to increase the supply of affordable housing, the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Bill (Bill) was introduced to Parliament. Its purpose being to remove barriers to new building materials entering our market, resulting in more competitively priced products and greater resilience to supply disruptions. This follows on from a Commerce Commission market study (2022) into residential building supplies, which found a lack of competition in the supply and acquisition of key...

Roadside drug driver testing

Roadside testing to deter drug driving looks to be back on again with the Government’s Land Transport (Drug Driving) Amendment Bill (Bill) passing its first reading in August. Underlining the need for a workable solution, the Bill’s explanatory note reveals that between 2019-2022, on average 30% of road deaths each year involved crashes where drivers had consumed impairing drugs. The previous government passed legislation in 2022 to enable police to carry out a roadside oral fluid test (OFT) for drugs. However,...

Divorce law amended for victims of family violence

In another display of cross-party agreement, the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act (Amendment Act) was passed into law in October this year, and will come into force in October 2025. The purpose of this legislation is to reduce the harm caused by family violence in marriage or civil union relationships. It amends the Family Proceedings Act 1980 to allow for a marriage or civil union to be dissolved where a party in the...