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Articles by Cora Morrison
So whose copyright is it anyway? Yours, mine or ours?
The New Zealand Supreme Court has for the first time considered whether copyright constitutes "property" and "relationship property" under the broad definitions of the Property (Relationships) Act 1976 (PRA) in the context of settling the assets from a former relationship, namely artwork. Sirpa Alalääkkölä (Alalääkkölä) and Paul Palmer (Palmer) were married in 1997 and separated in 2017.
Podular Homes: Court of Appeal unanimously overturns High Court decision on equitable liens in liquidation
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In a judgment issued yesterday (Francis v Gross [2024] NZCA 528), the Court of Appeal unanimously overturned the controversial High Court decision in Francis v Gross [2023] NZHC 1107 and held that purchasers of partly constructed modular buildings (pods) did not have equitable liens (at all, and especially not in priority to secured creditors) over those pods.
By Bridie McKinnon, David Broadmore, Kelly Paterson, luke Sizer, Olly Peers, Scott Abel, Scott Barker Verified, Cora Morrison, Mace Gorringe
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Lexology
Verified
Commerce Commission seeks its first order of pecuniary penalty for breaches of the CCCFA
On 27 August 2024, the High Court (Jagose J) released its judgment on Commerce Commission v TSB Bank Limited [2024] NZHC 2400. In that case, the Commerce Commission (the Commission) for the first time sought an award of pecuniary penalty under the Credit Contracts and Consumer Finance Act 2003 (CCCFA) for breaches of responsible lender obligations under s 9C(1) and s 41 against TSB Bank (TSB).
A new landscape on the horizon for financial services regulations
Since the beginning of 2024 one of the key focus areas for the new Government has been to reform aspects of New Zealand's financial services legislation. These reforms are intended to: Streamline the financial services regulatory landscape Provide regulator clarity Protect vulnerable consumers Promote the growth of the economy, including by removing unnecessary compliance costs currently imposed on financial service providers.
FMA's crackdown on breaches of FMCA fair dealing provisions continues
The Financial Markets Authority (FMA) filed High Court proceedings against Tower Limited (Tower) in March 2024. The FMA is seeking a declaration that Tower breached the fair dealing provisions in the Financial Markets Conduct Act 2013 (FMCA) and payment of pecuniary penalties to the Crown (the amount sought is yet unknown).
An opening for potential reform: Contracts of Insurance Bill passes first reading
We have previously published an article on the Insurance Contracts Bill, which was a Member's bill drawn from the Members' bills ballot and put before Parliament. The Insurance Contracts Bill passed its first reading in Parliament on 2 May 2024. It has now progressed from being a Member's bill to a Government bill, renamed the Contracts of Insurance Bill (Bill).
Insurance Contracts Bill: watch this space
The Insurance Contracts Bill (Bill) is a Member's Bill that was drawn from ballot on 21 March 2024. The new Bill proposes significant changes to insurance law in New Zealand, with its primary focus being on consumer protection. The Bill in its current form is directed at strengthening consumer rights. The Bill is still in its early stages but it provides an opportunity for Parliament to consider the long awaited reforms to insurance law in New Zealand.
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