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News

Commission expresses concern over KiwiSaver investment reports (18 August 2016) (NZ)

Human Rights Commission

The Human Rights Commission has today expressed concern at reports of KiwiSaver funds being...

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Law allows information sharing about vulnerable children now - Privacy Commissioner (18 August 2016) (NZ)

Privacy Commissioner

Privacy Commissioner John Edwards says he supports the Government’s message that any...

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Law Commission begins review of the Criminal Investigations (Bodily Samples) Act 1995 (18 August 2016) (NZ)

Law Commission

The Minister of Justice has requested that the Law Commission conduct a comprehensive review of...

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Innovation outpaces regulation on digital highway (18 August 2016) (AUS)

Lawyersweekly.com.au

The law is being forced to play catch-up with the rapidly expanding online realm of easy-access...

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Anti-money laundering & countering financing of terrorism (17 August 2016) (NZ)

Ministry of Justice

The Ministry of Justice is seeking feedback about proposed changes to improve New Zealand’s...

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New ministry dedicated to care and protection (18 August 2016)

beehive.govt.nz

Social Development Minister Anne Tolley says that a new child-centred, stand-alone ministry with...

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MBIE survey copyright in the creative sector – closes 19 August (17 August 2016) (NZ)

Baldwins

The Ministry of Business, Innovation and Employment (MBIE) has announced it is undertaking a...

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New Zealand to ratify Paris agreement this year (17 August 2016) (NZ)

beehive.govt.nz

The Government plans to ratify the Paris agreement on climate change by the end of the year,...

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Sentences handed down for $9.2 million dollar mortgage fraud (17 August 2016) (NZ)

Serious Fraud Office

case involving a series of fraudulent property sales and purchases conducted by an Auckland...

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Law Commission begins review of Declaratory Judgments (17 August 2016) (NZ)

Law Commission

The Minister of Justice has requested that the Law Commission commence a review of declaratory...

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Push for lawyers to offer more holistic services (17 August 2016) (AUS)

Lawyersweekly.com.au

Consumer demand and a changing marketplace have shaken up the traditional family law practice...

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Specsavers' application to trademark 'should've' approved (16 August 2016) (UK)

guardian.co.uk

The UK’s Intellectual Property Office has approved Specsavers’ application to...

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Should’ve seen it coming: the trademarking of public language (17 August 2016) (UK)

guardian.co.uk

We are witnessing, some fear, a rampant corporate takeover of our public language. High street...

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Education Legislation Bill passes second reading (17 August 2916) (NZ)

beehive.govt.nz

Education Minister Hekia Parata has welcomed the Education Legislation Bill passing its second...

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It’s easy to cheer the judge who used the C-word. But we shouldn’t (12 August 2016) (UK)

guardian.co.uk

So a woman judge is abused as “a bit of a cunt” who should “go fuck...

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Megaupload’s Kim Dotcom seeks to retain millions in assets (14 August 2016) (USA)

guardian.co.uk

German tech entrepreneur and alleged internet pirate Kim Dotcom will seek a review of a federal...

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ABA strengthens provision making harassment, discrimination “professional misconduct” (8 August 2016) (USA)

American Bar Association

The American Bar Association adopted Monday a revised resolution to strengthen language in Rule...

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Review of Australian equity market cleanliness (9 August 2016) (AUS)

Australian Securities and Investment Commission

A review by ASIC has found an overall improvement in the measures of cleanliness in the...

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In-house appetite for diverse teams strong (8 August 2016) (NZ)

Lawyersweekly.com.au

Law firms are being urged to rethink their business model and internal culture to meet the...

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National firm sounds alarm on emerging tech (8 August 2016) (AUS)

Lawyersweekly.com.au

An Australian firm has called for greater governance on a digital disruptor making its way into...

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Click here to access all news in the archive

Articles

Uncovering the brutal truth about the British empire (18 August 2016) (UK)

guardian.co.uk

Help us sue the British government for torture. That was the request Caroline Elkins, a Harvard...

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"Not becoming of a woman": lawyers may finally get recourse for harassment (18 August 2016) (NZ)

guardian.co.uk

American Bar Association adopted model rule just last week to encourage states to implement...

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Blocking injunctions for ISPs (2 August 2016) (UK)

Parker & Associates

The England and Wales Court of Appeal (EWCA) has upheld a High Court decision granting...

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Crowdfunding: contributions and considerations (18 August 2016) (NZ)

Hudson Gavin Martin

Equity crowdfunding is certainly an attractive capital raising option for businesses, like craft...

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Doing business with China – tricks of the trade (18 August 2016) (NZ)

James & Wells

In today’s world, New Zealand businesses are likely to be either doing business in China...

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What rights do schools have to discipline international students for out of school conduct? (18 August 2016) (NZ)

Simpson Grierson

In Tauranga Boys College Board of Trustees v International Education Appeal Authority,[1] the...

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Director residency requirement, failure to file financial statements and consultation on Companies Office fees (8 August 2016 ) (NZ)

Minter Ellison Rudd Watts

In 2015, amendments were made to the Companies Act 1993 to introduce a director residency...

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Appeal court keeps parent company on the hook (17 August 2016) (NZ)

Chapman Tripp

The Court of Appeal has dismissed an appeal by Steel & Tube Holdings Limited (STH) against...

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Cook Islands accession to WIPO: progress for Pacific intellectual property (11 August 2011) (Pac)

Baldwins

The Cook Islands has become a party to the Convention Establishing the World Intellectual...

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How privacy regulators cooperate across borders (17 August 2016 ) (NZ)

Privacy Commissioner

Privacy authorities typically perform regulatory and enforcement functions on their own - or...

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Enforceability of ambiguous representations – High Court of Australia provides clarity (15 August 2016) (AUS)

McCabes

Earlier this year we published an article on the case of Crown Melbourne Limited v Cosmopolitan...

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Tax and the Resource Management Act (RMA): How recent plan changes could influence your tax responsibilities (15 August 2016) (NZ)

Duncan Cotterill

District plans are undergoing review all over New Zealand. From Invercargill to the Far North,...

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Absentee farm ownership and Resource Management Act (RMA) prosecution risk – is it worth it? (15 August 2016) (NZ)

Duncan Cotterill

Many farm owners who have someone else running their farms still end up facing Resource...

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Residential Land Withholding tax...Means another new Agreement for Sale and Purchase (15 August 2016) (NZ)

Rainey Collins

There has been yet another update giving us a new Agreement for Sale and Purchase (Ninth Edition...

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Feedback sought on use of retirement savings in bankruptcy (15 August 2016) (NZ)

Chapman Tripp

​The Ministry of Business, Innovation and Employment (MBIE) is proposing law change after the...

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Court defines what it means to live in New Zealand (15 August 2016) (NZ)

Chapman Tripp

Since 2015 the Companies Act has required that a company registered in New Zealand must have at...

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Legal update on health law - August 2016 (16 August 2016) (NZ)

Buddle Findlay

In this Issue Carer support funding does not result in employment relationship ACC...

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Juries have no place at rape trials – victims deserve unprejudiced justice (12 August 2016) (NZ)

guardian.co.uk

The myths surrounding rape in our society are deep-rooted, persuasive and perpetuated daily in...

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Buying a Business - The Due Diligence Process (15 August 2016) (NZ)

Norris Ward McKinnon

Following on from our previous article, ‘Buying a Business: Initial Legal...

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Branding the Games (15 August 2016) (NZ)

Hudson Gavin Martin

The Olympics come around once every 4 years; it’s a truly huge affair and gets bigger with...

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Click here to access all articles in the archive

Cases

Civil Evidence, Law Practitioners

WL and Law Firm X v Company B

Application for review of the determination by a Standards Committee that the applicant breached r 13.9 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Discovery and privilege) by putting a letter marked “without prejudice save as to costs” before an arbitrator prior to the arbitrator issuing his decision on an application that was before him - the Committee proceeded on the basis that the r 13.9 created an obligation to adhere to the rules of privilege generally rather than on the basis that the rule related to privilege in the context of discovery – this meant that in proceeding on this basis the Committee was necessarily required to determine whether or not there had been a breach of privilege – comments on parties using the complaint process as part of a “tit for tat exchange” - whether the r 13.9 applied to issues of breach of privilege generally or to privilege within the context of discovery.

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Civil Procedure, Insolvency

PriceWaterhouseCoopers v Walker

Appeal against the dismissal of an application to stay a claim for damages on the basis that a liquidation funding agreement and an assignment were in substance, a bare assignment of the secured creditor’s rights – the funding agreement was conditional on the funder acquiring from the creditor and the liquidated company’s receivers a first-ranking security interest over the company’s assets – this included a GSA over, among other things, choses in action the GSA gave the lender power to control any claims that the company might bring against third parties such as the appellant – the combination of the funding agreement and the deed of assignment meant that the proceeds of any judgment or settlement would be used to repay costs and expenses of the litigation, including interest, a service fee to be paid to the funder of 42.5 per cent of the net proceeds, with the balance then being paid to the liquidator who had to account to the funder under the GSA before paying anything that remained to unsecured creditors - whether the funding agreement and the assignment were a bare assignment of the secured creditor’s rights - whether the liquidator was acting for an improper purpose by pursuing a claim that that could benefit only the funder.

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Civil Evidence, Insolvency

Owens v Shaw

Claim by the plaintiff liquidators against the defendants as trustees for breach of contract, and against the defendants as directors of a Company for compensation under s301 Companies Act 1993 (CA) (Power ... to require persons to repay money or return property) for breaches of s135 CA (Reckless trading), s136 CA (agreed to the Company incurring an obligation [it] would be able to perform), and s137 (Director’s duty of care) – the defendants were trustees of a trust that installed aluminium windows – the trustees set up a Company, of which they were the directors, as a creditor refused to supply the windows to a trust rather than a corporate entity – the Company had no bank account or assets – it contracted for the windows with a creditor and then supplied them to the trust which then paid the creditor directly – the Company was wound up after failing to pay invoices for windows supplied – the liquidators argued that the trustees were liable under a purchase and supply agreement with the Company – the trustees said that the Company had released the Trust from this agreement as part of a settlement, as some of the material supplied to the Trust had been defective and the Company also owed the Trust for consequential losses - whether the trustees were liable for a breach of the purchase and supply agreement - whether allowing the Company to trade when it did not have a bank account or assets, or any way of generating income to meet liabilities, breached s135, s136 or s137 CA - if there was a contravention of the CA, whether an order under s301 CA should be made for compensation to be paid.

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Civil Evidence

Minister of Education v Reidy Mckenzie Ltd

Appeal against the High Court’s (HC) refusal to allow the appellant to use as evidence some company balance sheets which had been obtained during settlement negotiations in a separate proceeding between the parties – the balance sheets showed insolvency for the periods to which they related and had been provided to the appellant by the respondent in order to reach a settlement in the other proceeding - the appellant said that their use should be permitted under the acts of bankruptcy exception to s57 Evidence Act 2006 (EA) (Privilege for settlement negotiations or mediation) – it was argued that this exception should be extended to acts of corporate insolvency - alternatively, the appellant argued that the privilege had been waived by references to the accounts in memoranda to the Court in the other proceeding - whether the memoranda constituted a waiver of privilege - whether waiver could not occur if the document was used only for procedural purposes - whether the acts of bankruptcy exception to settlement negotiation privilege should be recognised for acts of corporate insolvency.

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Criminal, Criminal Procedure

Maraj v New Zealand Police

Application for leave to bring a second appeal – the applicant was convicted of driving with excess blood alcohol - the High Court (HC) refused his application for a discharge without conviction under s106 Sentencing Act 2002 (SA) - his appeal from that decision was dismissed - the applicant said his proposed second appeal involved a matter of general or public importance or a miscarriage of justice might occur unless the appeal was heard (s237 Criminal Procedure Act 2011) – the applicant (a university student) wanted to study medicine in North America and travel to Canada with his parents - the HC assessed his risk to the public as being negligible, but held that the medical profession an interest in convictions of this kind as reflecting a deeper problem that could put the public at risk – the Judge acknowledged here was a risk of the applicant being “screened” out of the Medical School application process and therefore not even reach the point of being assessed, and said that this was disproportionate – the applicant said that discharge without conviction should have followed immediately on identification of this risk but the Judge wrongly considered the likelihood of that risk materialising which impermissibly elevated the threshold under s107 SA (Guidance for discharge without conviction) - whether an appeal against a decision under s106 was an appeal against conviction or an appeal against sentence - whether the judge had raised the threshold under s107 by considering the likelihood of an identified risk occurring - whether there was an inconsistency with s106 cases involving sports people.

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Criminal

Johnston v R

Appeal against the Court of Appeal’s decision that evidence of intent could be taken into account in determining whether the acts of the appellant had proceeded past the point of preparation so as to constitute an attempt under s72 Crimes Act 1961 (Attempts) - the appellant was on one count of attempted sexual violation by unlawful sexual connection – appellant had been discovered outside a sleepout in which a 16 year old girl was sleeping – evidence of statements he had made about his intention to rape a teenage girl had been introduced by the Crown at trial – appellant argued that it was wrong to take into account evidence of intent when determining whether his acts had proceeded past the point of preparation so as to constitute an attempt under s72(2) (question [of] whether ... act .... is ... only preparation ... and too remote to constitute an attempt ... is a question of law) - whether the intent of the defendant was a relevant matter in the determination made by a judge under s72(2) - whether the conduct of the actor could be considered cumulatively when determining whether his or her actions had gone beyond the point of preparation.

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Property

Mortre Holdings Ltd v ANCL Investments Ltd

Application under s145A Land Transfer Act 1952 (“LTA”) (early lapse of caveat against dealings) – the applicant sold land to the respondent – under the agreement the respondent was to carry out a subdivision in two stages – if new titles were issued within three years, two of the lots were to be transferred to the plaintiff – the plaintiff lodged a caveat after becoming concerned titles would not be issued in time – the sale agreement contained contractual bar on lodging a caveat and a clause stating that the vendorretained the Vendor’s Contingent Interest in part of the property – the applicant claimed the way the respondent had not used reasonable endeavours to obtain consent and had been an unequal bargain - whether the plaintiff had a caveatable interest in the property.

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Civil Procedure

Horspool v Glaister Ennor

Application for an order under r8.20 High Court Rules (“HCR”) (order for particular discovery before proceeding commenced) - the intended defendants were a solicitor and the defendant law firm of which he was a partner - they had acted for the plaintiff on the conveyance of a property he had purchased off the plans in an apartment block known as Scene 3 in Auckland – the plaintiff claimed the defendants had a conflict of interest because the law firm had an arrangement with the developer relating to the referral of purchasers of apartments to the law firm as their solicitor for the purchase of those apartments – the plaintiff sought pre-commencement discovery in relation to material evidencing any arrangement between the defendants and the developer relating to the referral of purchasers to the defendants and material evidencing when the defendants first became aware that the head lease for the apartment complex might be available for purchase and first expressed interest in purchasing the head lease for those developments – whether the application for pre-commencement discovery should be granted.

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Trusts

SR Hamilton Corporate Trustee Ltd v White

Application under s66 Trustee Act 1956 (right of trustee to apply to court for directions) as to whether the trustees were obliged to settle a sale to one of the beneficiaries – the order was sought due to an application by the defendants for an order removing the trustees, on the grounds of misconduct, primarily directed to alleged favouritism towards the other residuary beneficiary, their sister – their late father’s intention was for a Mt Maunganui property to be sold to one of his children – the plaintiff’s had discretion as to which beneficiary the property was offered to - the trustees had asked all three beneficiaries whether they wished to exercise an “option” to purchase the property - the “offer” was put on the basis that the trustees required indemnification in respect of the way in which they proposed to deal with weathertightness problems – if more than one was prepared to purchase at that value, the trustees were given a discretion to determine which of them should be allowed to buy (“the tie break”) - the defendants refused to give the indemnities - the sister had accepted an offer to purchase the property at the valuation dated June 2014 of $945,000 - the present value of the property was $1,725,000 – whether the trustees had entered into an enforceable contract with the sister so she was entitled to purchase the property for $945,000 – if the sister did not have an enforceable right to purchase the property, what steps should the trustees now take to sell.

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Bankruptcy, Family, Insolvency, Property

The Fish Man Ltd (in liquidation) v Hadfield

Application by the liquidators for an order under s119 Insolvency Act 2006 (“IA”) (position of person who suffers loss as result of disclaimer ) vesting a residential property in the plaintiff, on the ground that it had a proprietary interest in the property as it had spent $49,159 to satisfy mortgage repayments and for an order that the property be sold - the first defendant also sought an order under s119 IA vesting the property in him – the plaintiff company was the corporate vehicle of the first defendant – when the first defendant fell behind in paying tax liabilities he continued to use revenue of the plaintiff to meet mortgage payments over the property – the first defendant was adjudicated bankrupt but subsequently discharged – the second defendant (the first defendant’s wife) had registered a claim over the property pursuant to s42(2) Property (Relationships) Act 1976 (“PRA”) (notice of interest against title) – the second defendant argued she had contributed to the mortgage and also sought protection under s20B PRA (protected interest in family home) - the plaintiff also registered a caveat over the property - whether it was fair to vest the property in any party - whether the plaintiff’s claim against the first defendant for a breach of fiduciary duties (failure to pay PAYE and GST) survived the first defendant’s discharge from bankruptcy – whether a constructive trust existed due to the alleged breach of fiduciary duty – whether the plaintiff had a proprietary interest under s119 IA – whether the first defendant had an interest under s119 IA – whether the second defendant had an interest.

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Property, Tort

B.E.M.A Property Investments Ltd v Body Corporate 366611

Claim for damages for loss of rent of $89,026, by the plaintiff unit holder, on the basis of breach by the defendants of a natural right of access, trespass and nuisance – counter-claim by the defendants to recover costs they say were incurred in collecting body corportate levies owed by the plaintiff - the plaintiff owned a unit in an apartment complex - the first defendant was the body corporate – the second defendant was building manager – the complex operated as a student hostel – the plaintiff had purchased its unit through Blue Chip New Zealand Group which then leased it to a related company which sublet it out to students – when Blue Chip collapsed in 2007, the plaintiff stopped receiving rental payments – the plaintiff did not let out its unit again, or receive any income from it and claimed it was locked out of the apartment complex, and its unit, by the defendants because it refused to agree to certain terms - application of SC decision involving other unit owners Wu v Body Corporate 366611 - whether the plaintiff had a natural right of access to its unit – whether the plaintiff had causes of action in trespass and nuisance.

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Banking and Finance, Commercial, Contract, Law Practitioners

Wilfred v Lexington Legal Limited

Appeal against a District Court (DC) finding that the appellant was liable as a guarantor for legal costs incurred by a company of which he was a director - the guarantee clause was contained in the law firm’s terms and conditions for the provision of service and required the person signing on behalf of the company to give a personal guarantee – the appellant accepted the terms and conditions an instructed the firm to do work for three companies the appellant was involved with – the signature block referred to the appellant as a trustee of one of the entities he was involved with – the firm mistakenly addressed one of the invoices to a company which had not been involved in the transaction – credits were issued for invoices to another company - whether the DC erred by finding that the appellant had agreed to answer personally for the debts all the companies - whether the June constituted a signed acceptance of the guarantee pursuant to s27 Property Law Act 2007 (contract of guarantee in writing and signed by guarantor), there having been a signing in terms of s22 Electronic Transactions Act 2002 (Legal requirement for signature) - whether a presumption should be applied to the email that the appellant had signed in his capacity as a trustee - whether the Judge erred in deciding the credit notes did not discharge the liabilities of the principal creditors and consequently his liability as guarantor; - whether the Contractual Mistakes Act 1977 applied - whether a defence of non-est factum had been made out.

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Family

Roberts v Henderson

Appeal against a Family Court (FC) decision that the appellant was not entitled to any part of a $1.8 million loan which had been forgiven. The appellant applied for relief under s44 Property (Relationships) Act 1976 (PRA) (Dispositions may be set aside) or a determination that some or all of a loan was relationship property under s 9A PRA (When separate property becomes relationship property) – the parties had purchased part of a farm from the respondent’s parents’ family trust with a $1.18 loan from the trust – immediately after settlement the trust gifted the debt to the respondent personally in recognition of his work on the farm - whether, pursuant to s44 PRA, there had been a disposition which had the effect of defeating the appellant’s claims or rights under the PRA - whether there had been an increase in value in H’s interest in the $1.8 million and the appellant was entitled to relief under s9A PRA in respect of that increase.

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Law Practitioners

KL v WS

Consequential orders following a finding of unsatisfactory conduct on review the decision of the Standards Committee was modified to record a determination there had been unsatisfactory conduct on the part of the practitioner (a barrister) consisting of contraventions of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules r 3.4, r 3.5, r 9.3 and r 14.2(e) – the practitioner had received over $115,000 which she paid into her business account rather than her instructing solicitor’s trust account – the practitioner did not provide the information required until after the trial was completed – the findings in respect of r 9.3 and r 14.2(e) had been made on review because the Standards Committee had not considered these issues - whether the fact that the rules had only been in force for two months at the time of the contravention was relevant to any of the breaches - whether a censure or reprimand was the appropriate penalty.

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Law Practitioners

KL v WS

Application by the complainant for a review of the Standards Committee’s decision to take no further action in relation to his complaints against a barrister as to the fees charged, that she had failed to provide written terms of engagement until after the conclusion of the trial and that she had inappropriately delegated certain aspects of the work to her junior – the practitioner acted for the complainant in a serious criminal matter – she received over $115,000 prior to the commencement of trial which she paid into her business account rather than into her instructing solicitor’s trust account – she did not comply with r 3.4 (provide a client in advance with information in writing on the principal aspects of client service) and r 3.5 (prior to undertaking significant work ... provide in writing to the client [specific information] ...) Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 until after trial – she submitted invoices for $157,000 – the costs assessor recommended a $31,000 reduction but the Committee did not agree with this - whether the practitioner had failed to adequately represent the complainant, especially in not applying for severance of the trials - whether the practitioner delegated attendances to her junior inappropriately - what disciplinary response should meet admitted contraventions of r 3.4 and r 3.5 - whether the Committee should have applied the costs assessors report in its determination - whether the practitioner had breached 14.2(e) (...barrister sole...cannot … (e) receive or hold money or other valuable property for or on behalf of another person) - whether the practitioner’s conduct fell within the definition of unsatisfactory conduct.

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Law Practitioners

DV v RG

Application for a review of a decision by a Standards Committee to take no further action on a complaint that the practitioner had described himself as a lawyer when in fact he was a Legal Executive - the complainant also complained about the practitioner’s competence, conduct and the service he had provided - the complainant had entered into an agreement to buy a property which was conditional on the vendors obtaining consent to the sale from the mortgagee – the complainant had not consulted the practitioner before signing the agreement - the vendors requested an extension of time to obtain this consent and sent to the practitioner sent the practitioner a variation for the complainant to sign – the variation was not at that time signed by the vendor - after the extension ran out, the practitioner contacted the vendors and was told that the vendors had not signed the variation and the agreement was at an end – whether the practitioner was responsible for ensuring the condition was fulfilled - whether the practitioner had held himself out as a lawyer in breach of ss 21 to 24 Lawyers and Conveyancers Act 2006.

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Property

Davey v Baker

Appeal against the District Court’s (DC) refusal to modify an easement under s317 Property Law Act 2007 (PLA) (Court may modify or extinguish easement or covenant) and against the DC’s finding that the appellant could not rely on mistake for rectification of the easement documentation - cross-appeal against the DC Judge’s refusal to allow the respondents to raise the affirmative defence of issue estoppel in their closing submissions – the appellants argued that an easement had been intended to follow an old farm track instead of the boundary of the property as shown on the plans – the owners of the servient property had bought their land without notice of any dispute as to the path of the easement – the appellants said there were subject to either a restrictive or positive covenant in respect of the easement -whether there was evidence of a common intention so as to found a claim to rectification under on the basis of mistake - whether it was possible for dominant owners to have standing under s316 PLA (Application for order under section 317) - if the appellants did have standing, whether the court should exercise its discretion to grant modification - whether leave should have been granted in closing submissions to amend the statement of defence to add the positive defence of issue estoppel.

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Immigration

A Refugee and Protection Officer v YL

Application by the Crown for leave to appeal a decision of the New Zealand Immigration and Protection Tribunal (the Tribunal) that the respondents should not be deported as they faced a real risk of persecution in China – the respondents were citizens of China and also were permanent residents of Singapore -the officer considering their case determined that they had protection because they were permanent residents of Singapore and there was no well-founded fear of persecution in Singapore - before the Tribunal had determined their appeals, the respondents renounced their residence status in Singapore - the Tribunal accepted that the respondents no longer had the right to return to Singapore and allowed the appeal – there was divided authority in the Tribunal on the place of good faith in the determination of claims for refugee status - whether the Tribunal had failed to take into account a mandatory relevant consideration and materially misdirected itself by failing to consider whether in unilaterally renouncing their Singapore residence status, the respondents had not acted in good faith

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Criminal Evidence, Criminal Procedure, Criminal Sentencing

Asgedom v R

Appeal against conviction on a number of dishonesty offences relating to a scheme to scalp tickets for the Rugby World Cup (“RWC”) tournament in 2011 – one appellant appealed against his sentence of 12 months’ home detention and 200 hours of community work - where the relevant tickets were recovered, the appellants were charged under s228 Crimes Act 1961 (“CA”) (obtaining a document with the intention of obtaining a pecuniary advantage) - where the tickets were not recovered the appellants were charged with attempting to commit an offence under s228 CA - the Crown alleged that the appellants had been involved in a scheme in which unlawfully obtained credit card details were used by overseas persons to purchase the RWC tickets online - the appellants’ role was to collect the tickets – search warrants were executed were tickets and cash were found at the appellants’ homes – appellants alleged search warrants were defective because the information provide was general and they had not authorised a search of the cell phones seized - whether evidence obtained under the search warrants was admissible or should have been excluded under s30 Evidence Act 2006 (“EA”) (improperly obtained evidence) - whether an Excel spreadsheet produced by the Crown under s19 EA (admissibility of hearsay statements contained in business records) ) containing details of the purchases of all the RWC tickets alleged to have been acquired fraudulently was admissible - whether the verdict was unreasonable – whether the sentence was manifestly excessive.

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Taxation

Trustpower Ltd v Commissioner of Inland Revenue

Appeal against a Court of Appeal (“CA”) decision which held that expenditure incurred in obtaining resource consents for proposed electricity generation projects was capital account and therefore not deductible – the decision overturned the High Court (“HC”) finding that the expenditure was on revenue account and therefore deductible – the appellant derived its income from retail sales of electricity generating about half of the electricity it sold and bought the rest from other generators. During the 2006, 2007 and 2008 tax years, it incurred costs totalling approximately $17.7m applying for and obtaining resource consents under the Resource Management Act 1991 in relation to four proposed electricity generation projects - whether the expenditure incurred in obtaining the resource consents for the four projects was on revenue account and therefore deductible, as the HC held or, instead, was on capital account and therefore not deductible, as the CA concluded.

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Click here to access all cases in the archive

Legislation

Environment, Fisheries, Maritime

Kermadec Ocean Sanctuary Bill 120-2 (2016)

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Click here to access all legislation in the archive

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