Remove deprecated newInstance call

[95jonpet]

Summary

Deprecated method calls are replaced.

Checklist

Testing

Unit tests pass.

• I have manually verified that my code changes do the right thing.
• I have run the tests and verified that my changes do not introduce any regressions.
• I have written unit tests to verify that my code changes do the right thing and to protect my code against regressions

Documentation

The change is minor and only internal.

• I have updated the "Unreleased" section of CHANGELOG.md with a brief description of my changes.
• I have updated code comments - both GroovyDoc/JavaDoc-style comments and inline comments - where appropriate.
• I have read CONTRIBUTING.md and have followed its guidance.