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Thomson Reuters texts cited in New Zealand cases: July 2025

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

Blanchard (ed) Civil Remedies in New Zealand (online, book, ebook)

Case

Text cited

Link to text on Westlaw

Thachankary v Rasela [2025] NZHC 1793 at [77] n 62

Marten “Exemplary Damages” in Civil Remedies in New Zealand (2nd ed, 2011) at [12.6.11]

[12.6.11] Awards involving fraud, breach of fiduciary duty and similar wrongs

 

Butler (ed) Equity and Trusts in New Zealand (online, book, ebook)

Case

Text cited

Link to text on Westlaw

Keir v Simms [2025] NZHC 2086 at [94](c)] n 83

Palmer “Constructive Trusts” in Equity and Trusts in New Zealand (2009) at [13.2]

[13.2] Institutional constructive trusts

Keir (above) at [230] n 119

Every-Palmer “Equitable Estoppel” in Equity and Trusts in New Zealand (2009) at 601

[19.1] Introduction

Keir (above) at [232] n 124

Every-Palmer “Equitable Estoppel” in Equity and Trusts in New Zealand (2009) at [19.2.1]

[19.2.1] Belief or expectation created or encouraged

Keir (above) at [232] n 125

Every-Palmer “Equitable Estoppel” in Equity and Trusts in New Zealand (2009) at [19.3.4]

[19.3.4] Representation sufficiently unequivocal

Keir (above) at [234] nn 129 and 130

Every-Palmer “Equitable Estoppel” in Equity and Trusts in New Zealand (2009) at [19.2.2(1)]

[19.2.2] Belief or expectation reasonably relied on → (1) Belief or expectation reasonably held

Keir (above) at [235] n 133

Every-Palmer “Equitable Estoppel” in Equity and Trusts in New Zealand (2009) at [19.2.2(3)]

[19.2.2] Belief or expectation reasonably relied on → (3) Ongoing reliance must remain reasonable

Keir (above) at [235] n 134

Every-Palmer “Equitable Estoppel” in Equity and Trusts in New Zealand (2009) at [19.2.3]

[19.2.3] Detriment

Keir (above) at [236] n 136

Every-Palmer “Equitable Estoppel” in Equity and Trusts in New Zealand (2009) at [19.2.4(1)]

[19.2.4] Unconscionability → (1) Introduction

Ngaruahine Iwi Authority v Mountain View Developments and Constructions Ltd [2025] NZHC 2123 at [39] n 12

Palmer “Resulting Trusts” in Equity and Trusts in New Zealand (2nd ed, 2009) at [12.5.2]

[12.5.2] Direct evidence of intention

Pyne Holdings Ltd (in rec) v Australasian Equity Partners (GP) No 1 Ltd [2025] NZHC 1802 at [71] n 9

Palmer “Resulting Trusts” in Equity and Trusts in New Zealand (2nd ed, 2009) 307 at [12.1]

[12.1] Introduction

Pyne Holdings (above) at [71] n 10

Palmer “Resulting Trusts” in Equity and Trusts in New Zealand (2nd ed, 2009) 307 at [12.5.2]

[12.5.2] Direct evidence of intention

Pyne Holdings (above) at [72] n 11

Palmer “Constructive Trusts” in Equity and Trusts in New Zealand (2nd ed, 2009) 335 at [13.2.4]

[13.2.4] Assertion made of ownership of property to which another has contributed

Qin v Awesome Home Ltd [2025] NZHC 1856 at [23] n 9

Equity & Trusts in New Zealand (2nd ed, 2009) at [12.5.2]

[12.5.2] Direct evidence of intention

Thachankary v Rasela [2025] NZHC 1793 at [24] n 11

McLay “Equitable Damages” in Equity and Trusts in New Zealand (2nd ed, 2009) at [32.3.1]

[32.3.1] Compensation

Thachankary (above) at [40] n 28

McLay “Equitable Damages” in Equity and Trusts in New Zealand (2nd ed, 2009) at [32.3.4]

[32.3.4] Compensation for loss of business chance

Thachankary (above) at [74] n 55

McLay “Equitable Damages” in Equity and Trusts in New Zealand (2nd ed, 2009) at [32.3.3(1)]

[32.3.3] Exemplary damages → (1) Common law

 

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

Case

Text cited

Link to text on Westlaw

H (CA437/2021) v R [2025] NZCA 342 at [24] n 8 (judgment contains publication restrictions)

Adams (looseleaf ed) [general reference]

Adams on Criminal Law

Harris v R [2025] NZCA 292 at [8] n 14

Adams – Sentencing (online ed) at [SAB5.01]

[SAB5.01] Grounds upon which appeal court may uphold appeal

Kidd v Southland District Council [2025] NZHC 2120 at [25] n 16

Adams – Sentencing (online ed) at [SA85.05]

[SA85.05] Application of totality principle generally

R v G [2025] NZHC 1743 at [73] n 37 (judgment contains publication restrictions)

Adams – Rights and Powers (looseleaf ed) at [SS117.06]

[SS117.06] No power to move

R v G (above) at [74] n 38

Adams – Rights and Powers (looseleaf ed) at [SS117.03]

[SS117.03] Securing the place or items found

R v G (above) at [77] n 40

Adams – Rights and Powers (looseleaf ed) at [SS122.03]

[SS122.03] Power under subsection (2) limited to those with power of arrest

R v L [2025] NZHC 2031 at [15] n 9 (judgment contains publication restrictions)

Adams – Criminal Procedure (online looseleaf ed) at [CM20.02]

[CM20.02] Insanity

R v L (above) at [16] n 11

Adams – Criminal Procedure (online looseleaf ed) at [CM4.17.01]

[CM4.17.01] Unfit to stand trial

Underhill v Chief Executive of the Department of Corrections [2025] NZHC 1803 at [2] n 1

Adams – Rights and Powers (online ed) at [HCSch.04]

[HCSch.04] Correct applicant

Wharepapa v R [2025] NZCA 308 at [35] n 51

Adams – Sentencing (online looseleaf ed) at [SA7]

See the “Synopsis” above [SA7.01]

Z (CA230/2025) v R [2025] NZCA 346 at [12] n 14 (judgment contains publication restrictions)

Adams – Evidence (online looseleaf ed) at [EA40.02(2)]

[EA40.02] Definition of propensity evidence: s 40(1) → (2) State of mind

 

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

Case

Text cited

Link to text on Westlaw

Birchfield v Birchfield [2025] NZHC 1928 at [17] n 6

McGechan (online ed) at [HR pt 14.16A]

[HRPt14.16A] Wasted costs

Body Corporate 172108 v Cummins [2025] NZHC 1790 at [4] n 3

McGechan (online looseleaf ed) at [CR12.01(5)]

[CR12.01] Principles → (5) Concurrent jurisdiction

Gordon v Pepper New Zealand Ltd [2025] NZHC 1970 at [21] n 16

McGechan (online ed) at [HR15.1.06]

[HR15.1.06] Evidence on strike out applications → (1) General approach

Guthrie v Williams [2025] NZHC 1827 at [23] n 29

McGechan (online looseleaf ed) at [HR12.2.07]

[HR12.2.07] Onus on defendant

L v H [2025] NZHC 1849 at [8] n 5 (judgment contains publication restrictions)

McGechan (online ed) at [HR7.35.01]

[HR7.35.01] Publication of decisions made in Chambers

Maiolini v Fideis (New Zealand) Ltd [2025] NZHC 1832 at [107] n 24

McGechan (online ed) at [HR19.4A.01]

[HR19.4A.01] Beddoe applications

McLeod v Kerr [2025] NZHC 2017 at [5] n 3

McGechan (online ed) [pinpoint missing]

[HR14.7.01] Specific situations justifying refusal or reduction → (e) Other reason – r 14.7(g) → (v) Financial hardship or impecuniosity

New Zealand New Oak Property Ltd v Eco Earth NZ Ltd [2025] NZHC 1809 at [28(e)] n 7 and [28(f)] n 8

McGechan (online looseleaf ed) at [HR15.23.01]

[HR15.23.01] Principles

Parashakti Ltd v Mangukiya [2025] NZHC 2101 at [4] n 3

McGechan (looseleaf ed) at [HR14.8.05]

[HR14.8.05] Summary judgment

PauaCo Ltd v Seasir Ltd [2025] NZHC 2058 at [14] n 7

McGechan (online ed) at [NR1.19.01] [sic]

See [HR1.19.01] Governing principle

R v Bell [2025] NZHC 1779 at [17] n 7

McGechan (online ed) at [SCD5.01]

[SCD5.01] Inherent powers

RIA PVT Ltd v Boatshed 15 Ltd [2025] NZHC 2091 at [22] n 12

McGechan (online ed) at [HR7.53.04]

[HR7.53.04] General principles

Ryburn v Gilbert [2025] NZHC 2013 at [14] n 7

McGechan (online ed) at [HR5.26.08]

[HR5.26.08] Paragraph (b) — factual particulars, instances → (1) Fraud, bad faith

Stills v McCormack [2025] NZHC 2023 at [77] n 14

McGechan (online ed) at [HR12.9.20]

[HR12.9.20] Discovery

The Mall Upper Hutt Ltd v Upper Hutt City Council [2025] NZHC 1878 at [3] n 2

McGechan (online looseleaf ed) at [15.23.04]

[HR15.23.04] Quantum

Wakefield v Network Waitaki Ltd [2025] NZHC 1973 at [15] n 6

McGechan (online ed) at [HR9.16.04] [sic]

See [HR8.16.04] Groups of documents → (1) When groups of documents appropriate

 

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

Case

Text cited

Link to text on Westlaw

Pascoe v Environment Court [2025] NZHC 1784 at [40] n 21

Joseph (5th ed, 2021) at [27.5.2(3)]

[27.5.2] Meaning of “statutory power” → (3) Judicature Amendment Act 1977

Pascoe v Minister for Land Information [2025] NZHC 1783 at [98] n 54

Joseph (5th ed, 2021) at [23.3.6(5)]

[23.3.6] Rule against sub-delegation → (5) Alter ego doctrine

 

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

Case

Text cited

Headings of text cited

Z (CA230/2025) v R [2025] NZCA 346 at [12] n 14 (judgment contains publication restrictions)

Mahoney (2nd ed, 2024) at [EV40.02(6)]

[EV40.02] Section 40(1): definition of “propensity evidence” → (6) Section 40(1)(a): “acts, omissions, events, or circumstances”

 

Peart (ed) Family Law – Family Property (online, looseleaf, ebook)

Case

Text cited

Link to text on Westlaw

S v N [2025] NZFC 3122 at [56] n 30 (judgment contains publication restrictions)

Family Law – Family Property (online looseleaf ed) at [PR44.01A(2)] [sic]

See [PR44.01B] Jurisdiction regarding pre-commencement and pre-relationship dispositions → (2) Dispositions made before the relationship began

 

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

Case

Text cited

Link to text on Westlaw

Accident Compensation Corporation v D [2025] NZCA 373 at [27] nn 29–31 (judgment contains publication restrictions)

Todd (9th ed, 2023) at 35

[2.2.2] The Accident Compensation Act 1972

 

Toomey and Burrows (eds) New Zealand Land Law (online, book, ebook)

Case

Text cited

Link to text on Westlaw

Exciting Habitats Ltd v Veracity Develop Ltd [2025] NZHC 2062 at [58] n 3 and [60] n 4

New Zealand Land Law (3rd ed, 2017) at 1473–1475 / [13.22]

[13.22] Clause 8 – claims for compensation

 

Thomson Reuters texts published overseas

Case

Text cited

Keir v Simms [2025] NZHC 2086 at [228] n 114

Mitchell, Mitchell and Watterson (eds) Goff & Jones on Unjust Enrichment (10th ed, Thomson Reuters, London, 2022) at [12-01] (re failure of basis)

Kirkham v Winkelmann [2025] NZHC 1999 at [38] n 6

Tucker, Le Poidevin and Brightwell Lewin on Trusts (19th ed, Sweet & Maxwell, London, 2015) at [23-048] (re legal professional privilege and joint interest exception)

Kirkham (above) at [42] n 9

Mathews and Malek Disclosure (6th ed, Thomson Reuters, London, 2024) at [11-96] (re legal professional privilege and joint interest exception)

Talley’s Group Ltd v Television New Zealand Ltd [2025] NZHC 2054 at [21] n 21

Parkes and others (eds) Gatley on Libel and Slander (13th ed, Thomson Reuters, London, 2022) at [10-032] (re traditional forms of special damage claimable in defamation cases)

Wakefield v Network Waitaki Ltd [2025] NZHC 1973 at [84] nn 19–21, [89] n 29 and [91] n 30

Passmore Privilege (4th ed, Sweet & Maxwell, London, 2020) at [6-002] n 2, [6-079] n 114, [6-076] and [6.080] (re common interest privilege)

 

By Kevin Leary

Kevin Leary is a Senior Legal Editor in the New Zealand Analytical Law team. He has more than 20 years' experience as a Thomson Reuters editor.

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