In New Zealand the provisions relating to "reckless trading" have long-been subject to criticism. In 2021 the Court of Appeal in Yan v Mainzeal Property and Construction Ltd called for the law to be reviewed to ensure it provides a "coherent and practically workable regime" for the protection of...

An unnecessary debate has emerged in the literature, among practitioners, and among Judges, as to whether a statutory demand can or cannot be served by email. The focal point of the debate is whether a statutory demand is a document 'in a legal proceeding'. With respect to those who have spilled...

This article makes the case that the funds paid under the New Zealand Government's wage subsidy scheme, and not used for the purpose of subsidising wages when a company enters an insolvency procedure, are held on Quistclose trust. It begins by setting out the relevant Quistclose trust...

In May 2020, Parliament passed legislation which creates a temporary safe harbour for directors from liability under the insolvent trading provisions of the Companies Act 1993, namely ss 135 and 136. The safe harbour applies to those companies that are suffering from liquidity issues caused by...

Risk assessment is now a key feature of the New Zealand criminal justice system. Risk assessments are relevant to sentencing and parole decisions, and importantly, the imposition of post-sentence measures. The decisions that are informed by risk assessments have serious consequences for the...