Insights
Monthly Archives: December 2024
Banking's Moral Compass: The Gloriavale Decision and the Rise of Values-Based Account Closure
10 December 2024: The New Zealand Court of Appeal's decision yesterday in Bank of New Zealand v The Christian Church Community Trust [2024] NZCA 645 merits thorough analysis for its significant implications for banking law and practice. The judgment establishes robust precedent supporting banks' discretionary powers whilst raising difficult questions about financial inclusion and contractual interpretation.
Supreme Court Reshapes Māori Marine Rights Framework
The Supreme Court has established a new framework for determining Māori customary rights over coastal areas, significantly departing from previous interpretations of the Marine and Coastal Area Act. The ruling introduces a more demanding test for customary title by allowing that any lawful activity might constitute 'substantial interruption' if it effectively 'crowds out' customary use—a development with major implications for both iwi claimants and commercial stakeholders.
