Asset Preservation Orders in Securities Regulation Litigation

This paper considers the application of Australian security law models in New Zealand, specifically provisions relating to asset preservation orders. The discussion centres on the post-GFC landscape and the use of such provisions in the allegations against Mark Hotchin for misstatement in offer documents by the Hanover Group. The paper concludes with an analysis of the trust discussion in this case, and a recommendation that case law from other jurisdictions only be used with full appreciation of the contextual differences