Our 2025 Litigation Forecast provides an update on key issues of the day. We discuss climate change litigation in New Zealand and delve into the continuing challenges of greenwashing while examining the emerging risks associated with “AI washing”. We discuss the ongoing impact of the Russia Sanctions Act 2022 on New Zealand businesses, highlighting the challenges of sanctions compliance and the growing issue of de-banking, which may lead to significant regulatory changes. Additionally, we reflect on the courts’ steady application and recognition of tikanga over the last year.
We explore the current state and future development of constraints on the exercise of contractual powers in New Zealand, highlighting recent court cases and the often-overlooked fact that only discretionary powers can be restrained through the ‘default rule’ or the ‘Braganza approach’.
With litigation funding markets in the UK and Australia having undergone significant changes, and we analyse the implications for New Zealand businesses and the potential regulatory shifts that could impact class action litigation funding. As the Financial Markets Authority re-evaluates its role, we examine the upcoming regulatory landscape. We also address the heightened emphasis on anti-bribery and corruption compliance, particularly due to Australia’s recent legal reforms, and provide recommendations for New Zealand businesses to strengthen their policies to reduce regulatory risks.
We look at the newly enacted Contracts of Insurance Act, which modernises New Zealand’s insurance legislation, requiring significant changes in processes and training for insurers and intermediaries, and introduces new consumer protections and disclosure obligations.
We highlight updates to New Zealand’s employment law, targeting productivity boosts, simplified hiring and firing, and reduced compliance costs, while considering the impact on employee rights and how courts will interpret these changes. From a health and safety litigation perspective, we delve into officer liability following the Ports of Auckland and Worksafe’s new prosecution strategy.
Finally, we look at the growing number of IT disputes and claims as they continue to increase in size and complexity.
Our Tier 1 Litigation and Dispute Resolution team has long-standing experience in dealing with New Zealand’s most important litigation and was in the thick of last year’s largest and most complex cases.
With a turbulent year predicted by many economic commentators, we are looking forward to supporting clients through 2025 and beyond.
Read the Litigation Forecast 2025.
Individual articles can also be found below:
- Sanctions and de-banking
- Constraints of the exercise of contractual powers
- Changing the face of regulatory engagement
- A time of change in the global litigation funding market
- Industry overhaul: Contracts of Insurance Act 2024
- Anti-bribery and corruption: Is AB&C a bellwether for increased white-collar and regulatory expansion
- Towards orthodoxy? Recognition of tikanga by the Courts
- A growing laundry list of washing: An update on ESG and AI washing
- Cooling off? Climate change litigation in New Zealand
- Workplace: A state of change
- Health and safety litigation: Officer liability following the Ports of Auckland and WorkSafe's new prosecution strategy
- Trends in IT Disputes
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