GCA Lawyers successfully defended Van Leeuwen Group’s right to seek court clarification on biosecurity compensation under the Biosecurity Act 1993. The Attorney-General sought to strike out the case, arguing disputes must go to arbitration, but the High Court ruled that legal interpretation remained within the Court’s jurisdiction. This decision clarified key compensation rights under the Act, providing strategic clarity for our client.
GCA Lawyers successfully represented a Class 4 gaming society in a declaratory judgment regarding venue licence transfers under the Gambling Act 2003. The High Court ruled that corporate societies cannot withhold venue licence surrenders to impose a four-week stand-down period, reinforcing industry practice and ensuring fair competition. This decision clarified the obligations of corporate societies and upheld the rights of venues seeking to transfer gaming licences.
GCA filed a class action in the Christchurch High Court in June 2018 on behalf of about 3000 claimants who allege that SRESL concealed information relevant to their claim settlements. GCA secured litigation funding support from Claims Funding Australia, a litigation funder wholly owned by Maurice Blackburn, Australia's largest class action law firm.
If you wish to register your interest in joining the class action you may do so at: www.southernresponseclassaction.co.nz or visit our SRCCA page for more information.
GCA advanced a class action for former AMI policyholders, against SRESL, and organised litigation funding support. The proceedings alleged that Southern Response applied ‘a deliberate strategy to minimise policyholders claim entitlements’ in breach of the insurance policy and the law. After the Court of Appeal permitted the case to proceed the government quickly moved to settle the claims and proceedings were formally discontinued. A specialised private determination process then proceeded before retired-Justice Panckhurst to finalise quantum due to each policyholder.
The Earthquake Minister was required to reconsider and make a fresh offer to uninsured red zone owners. The Quake Outcasts group filed a fresh action to judicially review this second Ministerial decision. The group lost in the High Court but on appeal, the Court of Appeal found* Minister Brownlee’s actions to have been unfair, unreasonable and unlawful. All Crown arguments in support of the Minister’s decision, were rejected. The Crown then settled. Publicly, the National government announced that Quake Outcasts members received ‘only 80%’ of the 2007 value of their improvements, but an interest component saw clients receive about 105% with a substantial costs payment in addition.
As National would only settle the claims of those persons in the action, with a change of government GCA lobbied the new government seeking payment for all uninsured homeowners in red zones to receive their full entitlements. In August 2018 the Labour government confirmed it would pay $12M to over 100 remaining uninsured homeowners in full and final settlement of this affair.
*Quake Outcasts v The Minister for Canterbury Earthquake Recovery and Chief Executive of the Canterbury Earthquake Recovery Authority [2017] NZCA 332
The firm represented 46 owners of uninsured property in ‘red zones’ created after the February 2011 quake. The Crown sought to buy insured owner’s properties for the 2007 Rateable Value, but offered the uninsured owners, only half the value of the land alone. The action addressed the Crown’s right to acquire citizen’s land for less than fair market value and raised constitutional, property and human rights issues. The group succeeded before the High Court, Court of Appeal and the Supreme Court in a first round of judicial review*.
*Quake Outcasts v The Minister for Canterbury Earthquake Recovery and Chief Executive of the Canterbury Earthquake Recover [2016] NSSC 166
GCA acted for about 55 families who lost loved ones in the Christchurch earthquake of February 2011. Representation was arranged for the group before the Royal Commission of Inquiry, where all matters of concern as to future prevention and related issues, were resolved.
An action commenced for 265 dairy farmers who claimed that the NZDB and the LIC were commercially motivated when they introduced a new animal evaluation model in 1996*. The claim was particularly complex and alleged misleading and deceptive conduct in developing the new model and that the resultant product was defective. The case lasted several years and was partially funded by large American corporations. It ultimately failed before the Court of Appeal.
*Among other things, the animal evaluation model uses all NZ herd testing data to produce supposedly reliable information against which farmers can make appropriate culling and breeding decisions.
GCA acted for a large number of property owners in Queen Charlotte Sound who were adversely affected by the wave action caused upon the introduction of new ‘fast ferries’ between Picton and Wellington. Although a class action based on ‘nuisance’ was formed and the GCA lobbied government and achieved immediate Ministerial intervention. This led to the Marlborough District Council introducing appropriate restrictions which slowed the boats (and subsequently, one Ferry operator went out of business).
GCA acted for South Island cardiac surgeons (SCI) when the government cancelled their contract to provide cardiothoracic services to patients. Proceedings for breach of contract were filed and substantial settlement was achieved on terms favourable to the surgeons.
