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Oct 25, 2024 | 
hcamag.com | Anita Birkinshaw |Jania Baigent |Karen Ngan |Michelle Dunlop
Privacy concerns showcased in Australian ChatGPT investigation similar for NZ organisations
A recent investigation by the Victorian privacy regulator has resulted in a ban on the use of ChatGPT in a government department. The findings highlight that while generative artificial intelligence (GenAI) tools offer significant benefits in the workplace, they also carry risks without robust policies, training and education on their use.
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Oct 15, 2024 | 
lexology.com | Jania Baigent |Anita Birkinshaw |Karen Ngan |Michelle Dunlop
A recent investigation by the Victorian privacy regulator has resulted in a ban on the use of ChatGPT in a government department. The findings highlight that while GenAI tools offer significant benefits in the workplace, they also carry risks without robust policies, training and education on their use.
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Oct 9, 2024 | 
lexology.com | Jania Baigent |Karen Ngan |Michelle Dunlop |Richard Watts |Sally Mckechnie
Key takeawaysThe Office of the Privacy Commissioner (OPC) has released a summary of the 250 submissions it received in response to its consultation on a proposed Biometrics Privacy Code of Practice (Code). The submissions highlighted the need for the Code to be simplified and refined to appropriately target key harms presented by biometric technologies, without unduly stifling innovation.
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Sep 24, 2024 | 
lexology.com | Jania Baigent |Jonathan Nicolle |Sam Hider |Nick France
On 9 September 2024, The Finance and Expenditure Committee (Committee) released its report on the Contracts of Insurance Bill (Bill). In this article, we discuss the Bill and the Committee’s report, and we take a look at potential ‘watch out’ areas around the interpretation of ‘reasonable time’ and the possible impact of genetic testing. The Bill’s key features The key changes proposed by the Bill include: New disclosure duties.
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Jul 24, 2024 | 
lexology.com | Nina Blomfield |James Caird |Jania Baigent |Alice Poole |Nick Chapman |Emma Strong
In a decision that will be welcomed by litigation funders and class action plaintiffs, the Court of Appeal has ruled that New Zealand courts can make common fund orders at the start of a class action. Read the full decision of the Court of Appeal [here] and our earlier comments on the High Court decision [here]. What is a common fund order?
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Jul 8, 2024 | 
lexology.com | Alice Poole |Nina Blomfield |Jania Baigent |Anita Birkinshaw |Nick Chapman |Mary Holden
On 27 June, the Grantham Research Institute on Climate Change and the Environment in partnership with the Sabin Centre for Climate Change Law published its sixth annual ‘Global Trends in Climate Change Litigation: 2024 Snapshot’ Report. The Report examines the key trends emerging from the 230 climate litigation cases brought globally in the 2023 calendar year.
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May 28, 2024 | 
lexology.com | Karen Ngan |Michelle Dunlop |Sally Mckechnie |Jania Baigent
The Office of the Privacy Commissioner (OPC) initiated the Children and Young People's Privacy Project (Project) to assess the effectiveness of current laws in safeguarding children's personal information. In this article we discuss the Project’s key findings and the three themes that emerged.
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Apr 10, 2024 | 
lexology.com | Nina Blomfield |Jania Baigent |James Craig |Sally Mckechnie |Helen Smith |Tom Hammond | +3 more
On 22 March 2024, Te Aka Matua o Te Ture| the Law Commission published its third and final statutory review of the Evidence Act 2006. This article discusses the Commission’s key recommendations to clarify the rules of legal privilege and reform evidence procedure in civil proceedings.
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Feb 8, 2024 | 
lexology.com | Anita Birkinshaw |Nina Blomfield |Jania Baigent |Sally Mckechnie |Nick Chapman
After almost 18 months of deliberation, the Supreme Court has issued its landmark decision in Smith v Fonterra and has allowed all claims against a number of major corporates to proceed to trial. In finding that the Court of Appeal was wrong to strike out claims in tort against companies responsible for greenhouse gas emissions, the judgment will shape the future of climate change litigation in Aotearoa New Zealand.
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Dec 6, 2023 | 
lexology.com | Andrew Matthews |Anita Birkinshaw |Don Holborow |James Hawes |Jania Baigent |Michael Pollard | +3 more
The UK Court of Appeal has recently dismissed two climate-related shareholder claims against company directors. The cases reflect the courts’ continued unwillingness to interfere with directors’ decision-making on climate grounds. Key takeaways:Directors must make judgement calls when determining how to balance all risks faced by a company, including those involving climate factors. Courts are unlikely to interfere with directors’ judgement unless they blatantly disregard climate risk.
