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Thomson Reuters texts cited in New Zealand cases: February 2025

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The following legal texts published by Thomson Reuters were cited in New Zealand judgments delivered in February 2025. Links to Westlaw New Zealand are provided where available.

Allan and others Gault on Commercial Law (online, looseleaf, ebook)

Case

Text cited

Link to text on Westlaw

Stoneburn Farm Ltd v Rural Air Work Ltd [2025] NZHC 267 at [21], n 4

Gault (online looseleaf ed) at SI7(6)

[SI7.02] Remedies of the seller à (6) Action for the price

 

Boister Extradition Law in New Zealand (book, ebook)

Case

Text cited

Link to text on Westlaw

Commonwealth of Australia v BW [2025] NZCA 8 at [20], n 13

Boister (2020) at [5.9]

[5.9] Appeal against eligibility decision

Commonwealth of Australia (above) at [53], n 44

Boister (2020) at [1.3]

[1.3] The application of human rights to extradition in New Zealand

 

Downs (ed) Adams on Criminal Law (online, looseleaf, ebook)

Case

Text cited

Link to text on Westlaw

Fairgray v R [2025] NZSC 6 at [14], n 15 and [21], n 21

Adams – Procedure (looseleaf ed) at [CPA200.02A(d)]

[CPA200.02A] Grounds for suppression order à (d) Real risk of prejudice to a fair trial

Peka v Te Hei [2025] NZCA 32 at [67], n 95

Adams (online looseleaf ed) at [SA32.02]

[SA32.02] The need for a causal link

Prasad v R [2025] NZHC 86 at [10], n 3

Adams – Criminal Procedure (online ed) at [CPA231.02]

See now [CPA231.01] Filing notice of application for leave or notice of appeal

T v R [2025] NZHC 310 at [8], nn 2 and 3 (judgment contains publications restrictions)

Adams – Criminal Procedure (online looseleaf ed) at [BL13.03]

[BL13.03] Matters to be considered by court

Te Amo v R [2025] NZHC 198 at [28], n 9

Adams – Criminal Procedure (online ed) at [TP24.09(2)]

[TP24.09] Conduct of the defence à (2) Recording instructions and advice

 

Finn and Mathias Criminal Procedure in New Zealand (book, ebook)

Case

Text cited

Link to text on Westlaw

Te Amo v R [2025] NZHC 198 at [29], n 14

Finn and Mathias (3rd ed, 2019) at [11.4]

[11.4] Defence counsel’s duties

 

Gorman and others McGechan on Procedure (online, looseleaf, ebook)

Case

Text cited

Link to text on Westlaw

Aitken v Judicial Conduct Commissioner [2025] NZHC 190 at [17], n 12

McGechan (online ed) at JR15.04

[JR15.04] “If … it is necessary to do so to preserve the position of the applicant”

Aitken (above) at [18], n 15

McGechan (online ed) at JR15.05

[JR15.05] “The Court may … make an interim order”

Blissett v Commissioner of Police [2025] NZHC 123 at [9], n 8

McGechan (online ed) at [HR5.35A.02(2)(i)]

[HR5.35A.02] “plainly abusive proceeding” à (2) Categories of proceeding that have been considered plainly abusive à (i) Issue estoppel/collateral challenge/relitigating claims already determined

Commissioner of Inland Revenue v Kaur [2025] NZCA 5 at [49], n 36

McGechan (online looseleaf ed) at [SC56.01]

[SC56.01] Antecedents

D v J [2025] NZHC 266 at [19], n 4

McGechan (online ed) at [HR24.10.05]

[HR24.10.05] Court’s inherent jurisdiction to set aside bankruptcy notice

Een v Body Corporate 384911 [2025] NZHC 238 at [4(a)], n 3

McGechan (online ed) at [HRPt14.09(2)(iii)]

[HRPt14.09] Non-party costs à (2) General principles

Environmental Law Initiative v Environment Southland [2025] NZHC 191 at [210], n 75

McGechan (online ed) at [HR30.2.03]

[HR30.2.03] Mandamus

Halse v Employment Court of New Zealand [2025] NZCA 11 at [29], n 35

McGechan (online looseleaf ed) at [HR15.1.02]

[HR15.1.02] No reasonably arguable cause of action or defence

Houghton v Saunders [2025] NZHC 108 at [6], n 4

McGechan (online ed) at HR7.24.03

[HR7.24.03] Consequences of failure to file and serve notice of opposition

Houghton (above) at [18], n 25

McGechan (online ed) at HR7.42A.01–HR7.42A.02

[HR7.42A.01] Orders relating to plainly abusive interlocutory applications

[HR7.42A.02] Relationship with other strike out powers

Houghton (above) at [18], n 26

McGechan (online ed) at HR15.1.05(2)(a)

[HR15.1.05] Otherwise an abuse of process à (2) Types of abuse of process

Houghton (above) at [27], n 38

McGechan (online ed) at [HR11.9.01(1)–(12)]

[HR11.9.01] Recall

Houghton (above) at [45], n 50

McGechan (online ed) at [HR5.45.04]

[HR5.45.04] Further application and review of existing order

Husheer v Campbell [2025] NZHC 222 at [7], n 11 and [20], n 20

McGechan (online looseleaf ed) at [HR14.6.03(1)(c)]

[HR14.6.03] Indemnity costs à (1) Principles à (c) Examples of behaviour encompassed by r 14.6(4)(a)

Lincoln v Attorney-General [2025] NZHC 49 at [5], n 6

McGechan (online looseleaf ed) at [HR8.22.02]

[HR8.22.02] General rule as to expenses for non-parties

Lincoln (above) at [5], n 7

McGechan (online looseleaf ed) at [HR8.22.02]–[HR8.22.04]

[HR8.22.02] General rule as to expenses for non-parties

[HR8.22.03] Stage one: costs of application under rr 8.20 or 8.21

[HR8.22.04] Stage two: cost of compliance with order under rr 8.20 or 8.21

Lincoln (above) at [5], n 8

McGechan (online looseleaf ed) at [HR8.22.05]

[HR8.22.05] Costs against non-parties

Lincoln (above) at [7], n 9

McGechan (online looseleaf ed) at [HR8.22.03]

[HR8.22.03] Stage one: costs of application under rr 8.20 or 8.21

Lincoln (above) at [10], n 14

McGechan (online looseleaf ed) at [HR8.22.04]

[HR8.22.04] Stage two: cost of compliance with order under rr 8.20 or 8.21

Lincoln (above) at [13], n 16

McGechan (online looseleaf ed) at [HR14.1.03]

[HR14.1.03] Pre-proceeding conduct

Lincoln (above) at [13], n 17

McGechan (online looseleaf ed) at [HR14.1.05]–[HR14.1.06]

[HR14.1.05] Pre-proceeding conduct – refusal or reduction of costs

[HR14.1.06] Examples

McLaughlin v McLaughlin [2025] NZHC 353 at [36], nn 12 and 13

McGechan (online ed) at [HR14.15.02(a)] and [HR14.5.02(d)–(e)]

[HR14.15.02] Principles

Warin v Warin [2025] NZHC 67 at [9], n 10

McGechan (online ed) at [HR4.52.02]

See now [HR4.52.01] Purpose

Warin (above) at [13], n 12

McGechan (online ed) at [HR17.9.04]

[HR17.9.04] Leave

 

Joseph Joseph on Constitutional and Administrative Law (book, ebook)

Case

Text cited

Link to text on Westlaw

Environmental Law Initiative v Environment Southland [2025] NZHC 191 at [19], n 9

Joseph (5th ed, 2023) at 921

[22.4.1] Inarticulate premise

Halse v Employment Court of New Zealand [2025] NZCA 11 at [44], n 46

Joseph (5th ed, 2021) at [21.7.1]

[21.7.1] Concept of jurisdiction

Hart v Marlborough District Council [2025] NZHC 47 at [72], n 49 (within a quote)

Joseph (online ed) at [4.6]–[4.9]

[4.6] Status of the Treaty

[4.7] Judicial ruling

[4.8] Courts and the exercise of sovereign power

[4.9] The Treaty and municipal law

Hart (above) at [185], nn 103 and 106 (within a quote)

Joseph (4th ed, 2014) at [25.5.5]

See now [25.5.6] Predetermination

 

Merrett and Revill Insolvency Law & Practice (online, looseleaf, ebook)

Case

Text cited

Link to text on Westlaw

inLandsAirWater Counsel v Manawatū-Whanganui LASS Ltd [2025] NZHC 351 at [7], n 2 and [12], n 8

Insolvency Law & Practice (online looseleaf ed) at [CA241.03]

[CA241.03] Liquidations by the court — grounds on which an order may be made

inLandsAirWater Counsel (above) at [8], nn 3 and 4

Insolvency Law & Practice (online looseleaf ed) at [CA241.02]

[CA241.02] Who may initiate a liquidation by the court

inLandsAirWater Counsel (above) at [11], n 7

Insolvency Law & Practice (online looseleaf ed) at [CA241.04]

[CA241.04] Appointment of the liquidator — at court’s discretion

inLandsAirWater Counsel (above) at [18], n 10

Insolvency Law & Practice (online looseleaf ed) at [CA289.02]

[CA289.02] Due debt

inLandsAirWater Counsel (above) at [28], n 19

Insolvency Law & Practice (online looseleaf ed) at [CA241.03(4)]

[CA241.03] Liquidations by the court — grounds on which an order may be made à (4) Just and equitable grounds

Stoneburn Farm Ltd v Rural Air Work Ltd [2025] NZHC 267 at [21], n 3

Insolvency Law & Practice (online looseleaf ed) at [CA289.02(1)]

[CA289.02] Due debt à (1) Generally

 

Optican and McDonald (eds) Mahoney on Evidence: Act and Analysis (book, ebook)

Case

Text cited

Headings of text cited

Ropitini v R [2025] NZCA 3 at [51], n 38

Mahoney (2nd ed, 2024) at [EV43.04(4)]

[EV43.04] Probative value of the propensity evidence à (4) Section 43(3)(b): timing

 

Palmer Local Government Law in Aotearoa New Zealand (book, ebook)

Case

Text cited

Link to text on Westlaw

Hart v Marlborough District Council [2025] NZHC 47 at [58], n 30

Palmer (2nd ed, 2022) at 38

[1.6.1] Introduction

 

Todd (ed) Todd on Torts (book, ebook)

Case

Text cited

Link to text on Westlaw

Peka v Te Hei [2025] NZCA 32 at [87], n 115

Todd (9th ed, 2023) at [4.7.4]

[4.7.4] Primary victims

 

Tooma Tooma’s Annotated Health and Safety at Work Act 2015 (book, ebook)

Case

Text cited

Heading of text cited

Whakaari Management Ltd v WorkSafe New Zealand [2025] NZHC 288 at [123], n 35

Tooma (2016) at [HS20.02]

[HS20.02] Temporal limitation

 

Watson and Taylor (eds) Corporate Law in New Zealand (book, ebook)

Case

Text cited

Link to text on Westlaw

Financial Markets Authority v CBL Corp Ltd (in liq) [2025] NZHC 295 at [86], n 74

Griffiths “Two market[s] share two structures: Fair dealing and enforcement” in Watson and Taylor (2018) 1111 at 1123

[37.3.3] Civil liability provisions à (2) Accessory liability, “involved in a contravention” and deemed liability

 

Thomson Reuters texts published overseas

Case

Text cited

Mitchell v Attorney-General [2025] NZHC 172 at [24(a)], n 3

Garner (ed) Black’s Law Dictionary (12th ed, United States, 2024) at 516 and 1253 (re order nisi)

Peka v Te Hei [2025] NZCA 32 at [55], n 78

Sappideen and Vines (eds) Fleming’s The Law of Torts (11th ed, Australia, 2024) at [27.110] (re rule in Baker v Bolton)

 

By Kevin Leary

Kevin Leary is a Senior Legal Editor in the New Zealand Analytical Law team at Thomson Reuters. He has more than 20 years' experience as an editor of bound books, looseleafs, precedents and their digital equivalents.

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