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Thomson Reuters texts cited in New Zealand cases: March 2025

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

Bartlett and others Employment Law (online, looseleaf, ebook)

Case

Text cited

Link to text on Westlaw

Gouk v C3 Ltd [2025] NZERA 127 at [17] n 6

Employment Law (online ed) at ER114.04

[ER114.04] “Came to the notice of the employee”

 

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

Case

Text cited

Link to text on Westlaw

Cooper v Cooper & Co Real Estate Albany Ltd [2025] NZHC 478 at [346] n 132

Butler and Every-Palmer “Equitable Defences” in Equity and Trusts in New Zealand (2nd ed, 2009) 1039 at 1059–1064

[38.1.4] Laches

 

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

Case

Text cited

Link to text on Westlaw

Blackler v R [2025] NZHC 658 at [42] n 63

Adams (online ed) at [MD31.08]

[MD31.08] Proof without certificate

Curtis-Smith v R [2025] NZHC 511 at [23] n 13

Adams – Sentencing (online ed) at [SA9.22B]

[SA9.22B] Subsection (2)(fb) — adverse effects on defendant due to procedural delay through prosecutorial non-compliance

Curtis-Smith (above) at [25] n 17

Adams – Sentencing (online ed) at [SA9.25(4)]

[SA9.25] Other mitigating factors → (4) Delay

JD v R [2025] NZHC 384 at [20] n 15 (judgment contains publication restrictions)

Adams – Criminal Procedure (online looseleaf ed) at [BL8.09]

[BL8.09] Subsection (2)(f) — length of time until trial

R v SM [2025] NZHC 416 at [8] n 4 (judgment contains publication restrictions)

Adams – Procedure (online ed) at [CM8A.02]

[CM8A.02] Burden and standard of proof

Tana v Police [2025] NZHC 603 at [18] n 15

Adams – Sentencing (looseleaf ed) at [SA9.15A]

[SA9.15A] Para (k) — failure to comply with procedural requirement

 

Finch (ed) James & Wells Intellectual Property Law in New Zealand (online, book, ebook)

Case

Text cited

Link to text on Westlaw

Burden v ESR Group (NZ) Ltd [2025] NZSC 18 at [89] n 85

James & Wells (3rd ed, 2017) at 410

[4.5.2] Economic rights → (3) Issue copies of the work to the public by sale

Burden (above) at [100] n 96

James & Wells (3rd ed, 2017)

 

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

Case

Text cited

Link to text on Westlaw

Beggs v North Face Construction 2022 Ltd [2025] NZHC 552 at [12] n 10

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

[HR12.2.07] Onus on defendant

Beggs (above) at [14] n 12

McGechan (online looseleaf ed) at [HR12.2.07(1)]

[HR12.2.07] Onus on defendant → (1) Effect of material disputes of fact

Bright v Wolfbrook Residential Ltd [2025] NZHC 437 at [33] n 10

McGechan (online ed) at [HR1.2.03]

[HR1.2.03] Plain meaning predominates

Cain v Nikau [2025] NZHC 389 at [14] n 1

McGechan (online ed) at [HR17.29.02]

[HR17.29.02] Principles

Hata v Attorney-General [2025] NZHC 519 at [96] n 34

McGechan (online ed) at HR4.56.04 and HR4.56.05

[HR4.56.04] Current approach

[HR4.56.05] Striking out parties

IRS International Pty Ltd v ContainerCo (NZL) Ltd [2025] NZHC 685 at [12] n 7

McGechan (online looseleaf ed) at [HR7.53.02]

[HR7.53.02] Object of an interlocutory injunction

IRS International (above) at [13] n 9

McGechan (online looseleaf ed) at [JR15.04]

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

Kim v Christchurch City Council [2025] NZHC 463 at [24] n 4

McGechan (online ed) at [HR7.7.01]

[HR7.7.01] Leave to take steps after close of pleadings date

Royal v Zheng [2025] NZHC 370 at [8] n 1

McGechan (online ed) at [HR17.41.01]

[HR17.41.01] Threshold requirement?

Royal (above) at [8] n 2

McGechan (online ed) at [HR17.41.02]

[HR17.41.02] Grounds

Save Environmentally Endangered Soil and Water Inc v Fulton Hogan Ltd [2025] NZHC 435 at [33] n 7

McGechan (looseleaf ed) at [7.7.01]

[HR7.7.01] Leave to take steps after close of pleadings date

Stanley Construction Ltd (in liq) v Stanley [2025] NZHC 717 at [9] n 2

McGechan (online ed) at [HR4.56.07]

[HR4.56.07] Two questions: jurisdiction and discretion

Tadd Management Ltd v Weine [2025] NZHC 483 at [29] n 16

McGechan (online ed) at [HRPt14.08]

[HRPt14.08] Third party costs

Tautari v Thompson [2025] NZHC 522 at [24] n 2

McGechan (online ed) at [HR7.53.05]

[HR7.53.05] First stage of court’s assessment: “serious question to be tried”

Wakefield v Network Waitaki Ltd [2025] NZHC 656 at [5] n 1

McGechan (online ed) at [HR9.19.03] [sic]

[HR8.19.03] Jurisdictional requirements

Wenzhou Hongliang Trading Co Ltd v Shieff Angland [2025] NZHC 698 at [20] n 8

McGechan (looseleaf ed) at [HR8.22.02]

[HR8.22.02] Costs for non-parties if the Judge thinks it just

Zheng v Fan [2025] NZHC 701 at [17] n 2

McGechan (online ed) at [HR12.2.11]

[HR12.2.11] Court’s discretion

 

Hille, Jones and Ward Treaty Law: Principles of the Treaty of Waitangi in Law and Practice (online, book, ebook)

Case

Text cited

Link to text on Westlaw

Environmental Law Initiative v Director-General of the Department of Conservation [2025] NZHC 391 at [52(b)] n 24

Treaty Law (2023) at [1.13]

[1.13] The principles of the Treaty in the courts since Lands

 

Howes and Revill Company Law (online, looseleaf, ebook)

Case

Text cited

Link to text on Westlaw

Cooper v Cooper & Co Real Estate Albany Ltd [2025] NZHC 478 at [6] n 5

Company Law (online ed) at [CA174.01]

[CA174.01] Overview of scope of s 174

 

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

Case

Text cited

Link to text on Westlaw

Environmental Law Initiative v Director-General of the Department of Conservation [2025] NZHC 391 at [63] n 26

Joseph (5th ed, 2021) at 1263

[27.3.1] Nature of the remedies → (2) Prospective-only relief

Environmental Law Initiative (above) at [114] n 45

Joseph (5th ed, 2021) at [27.4.2(7)]

[27.4.2] Grounds of exercise → (7) No useful purpose

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [10] n 35 (within a quote)

Joseph (5th ed, 2021) at [23.2.2(2)] and nn 43–45

[23.2.2] Doctrine of improper purpose → (2) Complexities in applying the doctrine

Lawyers for Climate Action NZ Inc v Climate Change Commission [2025] NZCA 80 at [21] n 27

Joseph (5th ed, 2021) at [19.4.2(2)]

[19.4.2] Political prerogatives → (2) Prerogative in external affairs

Lawyers for Climate Action NZ (above) at [21] n 28

Joseph (5th ed, 2021) at [20.7.4]

[20.7.4] Role

Lawyers for Climate Action NZ (above) at [135] n 152

Joseph (5th ed, 2021) at [26.6.2(3)]

[26.6.2] Repugnancy → (3) Repugnancy to constitutional principle

Te Ohu Kai Moana Trustee Ltd v Attorney-General [2025] NZHC 657 at [135] n 83

Joseph (5th ed, 2021) at [27.3.3(2)] [sic]

[27.3.3] Declaration → (3) Refusal of the remedy

 

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

Case

Text cited

Headings of current text

TNL International Ltd v Bullocks Freightmasters International Pty Co Ltd [2025] NZHC 564 at [35] n 8

Mahoney and others The Evidence Act 2006: Act and Analysis (3rd ed, 2014)

Compare now Mahoney on Evidence (2nd ed, 2024) at [EV57.01] Overview and [EV57.05] “Without prejudice” communications

 

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

Case

Text cited

Link to text on Westlaw

Cooper v Cooper & Co Real Estate Albany Ltd [2025] NZHC 478 at [229] n 87

Brown “Leases” in [New Zealand] Land Law (3rd ed, 2017) at 734

[8.15.04] Equitable assignment

Cooper (above) at [231] nn 89 and 90

Brown “Leases” in [New Zealand] Land Law (3rd ed, 2017) at 648

[8.5.02] Informal leases as agreements to lease

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [82] n 108 (within a quote)

Tom Bennion and others New Zealand Land Law (2nd ed, 2009) at 1046

Compare now (3rd ed, 2017) at [12.4.01] Meetings of the body corporate and voting → (1) General meetings

 

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

Case

Text cited

Link to text on Westlaw

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [46] n 64, at [62] n 83 and at [80] n 104

Corporate Law (2018) at [27.2]

[27.2] The derivative action at common law

Tait v St Workforce Construction Ltd [2025] NZHC 460 at [32] n 7

Corporate Law (online ed) at [26.8]

[26.8] Relationship of the s 174 remedy to the other remedies

 

Willy and Sissons Arbitration (online, book, ebook)

Case

Text cited

Link to text on Westlaw

McCracken v Boyer [2025] NZHC 546 at [21(h)] n 39

Arbitration (2nd ed, 2018) at [15.4.2]

[15.4.2] Principles governing the exercise of the discretion to order costs

 

Thomson Reuters texts published overseas

Case

Text cited

Alalääkkölä v Palmer [2025] NZSC 9 at [39] n 51

Garner (ed) Black’s Law Dictionary (12th ed, St Paul (Minnesota), 2024) at 29 (re “acquire”)

Alalääkkölä (above) at [50] n 57

Davies and Garnett “Origins of the Theory of Moral Rights” in Davies and Garnett (eds) Moral Rights (2nd ed, London, 2016) 13 at [2-002] (re right to disclose or divulge unpublished works in common law)

Alalääkkölä (above) at [50] n 59

Mercedes Frabboni “France” in Davies and Garnett (eds) Moral Rights (2nd ed, London, 2016) 415 at [13-006]–[13-028] (re five droits moraux in French law)

Burden v ESR Group (NZ) Ltd [2025] NZSC 18 at [67] n 61

 

Harbottle, Caddick and Suthersanen Copinger and Skone James on Copyright (19th ed, Sweet & Maxwell, London, 2025) vol 1 at [1-39] (re territorial nature of copyright law)

Burden (above) at [86] nn 81 and 82

Skone James and others Copinger and Skone James on Copyright (13th ed, Sweet & Maxwell, London, 1991) at [8-96] and [8-97] (re UK equivalent of s 9(1)(c) of Copyright Act 1994)

Burden (above) at [86] n 81

Garnett, James and Davies Copinger and Skone James on Copyright (14th ed, Sweet & Maxwell, London, 1998) at [7-108] (re UK equivalent of s 9(1)(c) of Copyright Act 1994)

Burden (above) at [88] n 84

Harbottle, Caddick and Suthersanen Copinger and Skone James on Copyright (19th ed, Sweet & Maxwell, London, 2025) vol 1 at [6-147], n 724 (re UK equivalent of s 9(1)(c) of Copyright Act 1994)

Burden (above) at [108] n 98

Skone James and others Copinger and Skone James on Copyright (13th ed, Sweet & Maxwell, London, 1991) at [8-95] (re whether consent limitation in original UK equivalent of s 9(1) of Copyright Act 1994)

Eight Mile Investments Ltd v Liu [2025] NZHC 526 at [20] n 10, [22] n 13 and [23] n 14

Dicey and Morris on the Conflict of Laws (12th ed, Sweet & Maxwell, London, 1993) (re jurisdiction of foreign court)

H&M Remuera Ltd v Rentmax Ltd [2025] NZHC 369 at [10] n 2

Goode and Dixon Goode on Payment Obligations [in] Commercial and Financial Transactions (4th ed, Sweet & Maxwell, London 2021) at 5-26 (re payment to agent of creditor)

Hata v Attorney-General [2025] NZHC 519 at [134] n 83

Tucker and others Lewin on Trusts (20th ed, Thomson Reuters, London, 2020) at [1-061] and [29-062] (re duty of trustee to all beneficiaries)

Hobson v Hobson [2025] NZHC 494 at [74] n 18

Young, Croft and Smith On Equity (Sydney, 2009) at [8.950] (re power of attorney)

Watts and Reynolds Bowstead and Reynolds on Agency (23rd ed, Sweet & Maxwell, London, 2024) at [6-036] (re power of attorney)

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [82] n 110 (within a quote)

Alex Ilkin NSW Strata and Community Schemes Management and the Law (4th ed, Lawbook Co, NSW, 2007) at [115] (re ultra vires acts of bodies corporate)

Re Joe Raynes Scholarship [2025] NZHC 396 at [20] n 5

Henderson, Fowles and Hogan Tudor on Charities (11th/online ed, London) at [21-040] (re amalgamation of trusts)

Skipper v Gibson – Ngāti Tawhirikura Hapū Charitable Trust (2025) 498 Aotea MB 148 (498 AOT 148) at [15] nn 7 and 8

Dal Pont Equity and Trusts in Australia (8th ed, Sydney, 2023) at 863 (re charitable vs private trusts)

Sole v Hutton [2025] NZHC 430 at [128] n 18

Edelman McGregor on Damages (22nd ed, Sweet & Maxwell, London, 2024) at [2.008] (re betterment)

 Waddams The Law of Damages (5th ed, Canada Law Book, Toronto, 2012) at [1.2730]–[1.2800] (re betterment)

 

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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