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guardian.co.uk

Judge suggests there is a distinction between social networks such as Twitter and Facebook and...

guardian.co.uk

New front in legal battles would require written permission from search giant, as patent battles...

guardian.co.uk

Ex-Guatemalan dictator Ríos Montt faces genocide charges as presidents in El Salvador and...

Reserve Bank of New Zealand

The European sovereign debt crisis and Canterbury earthquakes were two bad jolts to the New...

Environmental Protection Authority

The Environmental Protection Authority is reminding a number of new sectors that they need to...

NZ Herald

An Oklahoma lawmaker has proposed legislation to ban any use of foetuses in food in one of the...

NZ Herald

The Financial Markets Authority is giving all issuers of investments to the public until January...

NZ Herald

A Crown witness in the trial of three Bridgecorp bosses is sticking to her guns and maintains she...

NZ Herald

Sir Michael Fay has long-played by the Golden Rule ("He who owns the Gold rules!")....

NZ Herald

Prime Minister John Key says the Government did not have any valid reasons to refuse approval for...

NZ Herald

The liquidator for failed lender Five Star Finance has lost its bid to void a series of...

NZ Herald

The Serious Fraud Office has laid a total of 92 criminal charges against the three directors of...

Financial Markets Authority

The Financial Markets Authority today published draft guidance for securities issuers, directors...

NZ Herald

Bold plans to extend Auckland's port 250m into the Waitemata Harbour are going through the...

NZ Herald

Former National Finance boss Trevor Allan Ludlow has had nine months added to his prison sentence...

Parliamentary Counsel Office

A new approach to describing how amendments are made in legislation New ways to describe...

NZ Herald

Auckland Council will seek a new court order to remove the remaining few Occupy Auckland...

NZ Herald

A law amendment will make it easier for police to lock up online sexual predators. From March,...

guardian.co.uk

University lecturer Theodora Dallas jailed for six months for researching criminal defendant...

guardian.co.uk

Guidance from the director of public prosecutions on thorny issue of 'joint enterprise' is long...

Chapman Tripp

This article first appeared in the NZ Herald on Thursday 19 January 2012. Opening the first...

Bell Gully

The Court of Appeal has recently confirmed that the duty of indemnification does not apply in a...

Bell Gully

The National and ACT parties have agreed to progress a watered-down version of the Regulatory...

Bell Gully

First published in NZ Lawyer, Issue 175, 16 December 2011. In June this year, the Commerce...

Parliamentary Commissioner for the Environment

The proposed legislation establishes a skeleton for an administrative framework, but it is the...

A J Park

It looks like the Stop Online Piracy Act (SOPA) proposed for the USA is unlikely to be passed...

A J Park

Intellectual property (IP) is a key element in business success, yet directors and their boards...

Russell McVeagh

The last few days of 2011 saw three significant developments in the tax avoidance arena: the...

Baldwins

DC Comics has failed in its attempt to oppose a trade mark application for a super hero character...

NZ Herald

From July, the first eligible investors can get their money out, writes Tamsyn Parker Not many...

guardian.co.uk

Monitoring technology to help analyse shopping habits allows people to be tracked using their...

A J Park

Earlier this year our clients had an opportunity to block their trade marks from registration in...

Simpson Grierson

The Law Commission is proposing significant changes to the law affecting mainstream and new...

Russell McVeagh

In this issue: The National Government's election promises in respect of...

Russell McVeagh

In this edition: 2011: The year that's been and the year ahead With Rugby World...

Russell McVeagh

This Mining Update provides an update on recent developments in the area. In this Edition:...

Kensington Swan

The Court of Appeal has recently quashed a District Court decision and ordered the retrial of...

Kensington Swan

In November 2011 the English Court of Appeal ruled that the treatment of a patient in a care...

Chapman Tripp

​Section 9 of the Law Reform Act 1936, recently the subject of the somewhat controversial...

Minter Ellison Rudd Watts

On 18 March 2010 a new chapter known as the Foreign Account Tax Compliance Act (FACTA) was added...

Law Practitioners, Wills

Application for grant of probate in common form – deceased died in 2011 leaving a will which was executed in 1999 – will appointed as executor “one of the partners in the firm of Bradley West, Solicitors…or such other firm which…has succeeded to and carries on its practice” – Bradley West Ltd was incorporated in 2007 – firm’s business transferred to company – effect of incorporation on appointment of executor – whether appointment clause of “one of the partners” was void for uncertainty.

Employment

Challenge against two decisions of the Employment Relations Authority that the plaintiff was time barred from raising a personal grievance under s114 Employment Relations Act 2000 (raising a personal grievance – 90 day limit) – plaintiff resigned during investigation concerning alleged bullying and claimed constructive dismissal – whether personal grievance had been raised by a series of correspondence – whether personal grievance only mentioned as a possibility in correspondence – failure of solicitor to raise grievance as instructed - if time barred, whether exceptional circumstances existed under s115(b) Employment Relations Act 2000 (exceptional circumstances - failure of agent to raise grievance).

Insolvency

Application for approval of proposals under Part 5 Insolvency Act 2006 (proposals) – insolvents were directors of construction company in liquidation – proposal approved by majority of creditors – Carter Holt Harvey opposed on basis of inadequate notice under s330 (provisional trustee must call meeting of creditors) – two weeks’ notice given of creditor’s meeting but time and place given one day before meeting – requirements of adequacy in notice – whether irregularities or defect in notice could be saved by s418 (defects in proceedings) - company related to insolvents added as creditor at late date and other creditor’s debts increased which meant Carter Holt’s debt no longer represented over 25% of the total debt – whether insolvents had organised Carter Holt’s debt to be less than the 25% statutory block.

Bankruptcy, Insolvency, Property, Trusts

Appeal from High Court decision finding that dispositions to a family trust (“the Trust”) were voidable as being fraudulent under s60 Property Law Act 1952 (“PLA”) (alienation with intent to defraud creditors) and in the alternative, voidable under s54 Insolvency Act 1967 (“IA”) (voidable gifts) – Trust set up in 2000 - family home sold to Trust funded by loan by appellants who made gifts over following years – in 2003 family home was sold and another bought by Trust with appellants lending extra money – one of appellants adjudged bankrupt in 2006 on application of IRD – in 2007 the Trust purchased a car for $21,000 – whether dispositions were made with fraudulent intent - whether judge erred in using evidence of fraud to establish intention to defraud at a later stage – whether bankrupt appellant had been unable to pay her debts at time of dispositions - effect on costs of failure by counsel prepare case in accordance with r40D Court of Appeal (Civil) Rules 2005 (exhibits volume) and r41 (written submissions).

Criminal Procedure, Mental Health, Statutory Interpretation

Appeal from a High Court decision allowing the respondent’s appeal and quashing a compulsory care order – respondent intellectually disabled – charged with possession of a knife in a public place and found unfit to stand trial under s14 Criminal Procedure (Mentally Impaired Persons) Act 2003 (“CPMIPA”) (determining if defendant unfit to stand trial) – respondent subjected to compulsory care order under s25 CPMIPA (alternative decisions in respect of defendant unfit to stand trial) which was extended – guidance on the approach to be taken to applications for extension of compulsory care orders under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 – whether a compulsory care order should be proportionate to the offending to the need to protect the community and care recipient – whether rehabilitation efforts or prospects were relevant.

Costs

Costs decision relating to unsuccessful negligence claim taken by plaintiffs - proceedings related to a floodway stopbank which failed and resulted in flooding of plaintiffs croplands - High Court found respondent owed a duty of care to monitor and maintain floodway stopbanks which it had breached, but that failure of stopbank was caused by independent factors for which defendant not liable – whether defendant entitled to increased costs under r14.6 High Court Rules (increased costs) because plaintiffs failed to accept a pre-trial walk-away offer – whether costs payable by plaintiffs should be reduced under r14.7(d) (party had succeed overall but failed in relation to an issue) – what proportion of the defendant’s witness fees should be paid by the plaintiffs – whether receiver of second plaintiff should be personally liable for costs.

Criminal

Appeal from Court of Appeal (“CA”) decision – appellant (“A”) found guilty of manslaughter at trial on basis of party liability under s66(2) Crimes Act 1961 (parties to offences) – A pleaded guilty to a charge of participation in an organised criminal group – CA held A’s liability did not depend on his having knowledge of actual weapon used – whether judge required to direct jury that A could only be found guilty if it was sure that A had had knowledge of actual weapon used.

Local Government, Property

Appeal from a District Court decision granting an injunction to the respondent, restraining the appellants from interfering with the respondent’s agents entering their property in order to carry out a survey pursuant to s110 Public Works Act 1981 (powers of entry for survey purposes) - respondent wished to acquire some of appellant’s land to widen an existing road and repair tunnel underneath – appellants issued a trespass notice – whether respondent should have issued entry notice under s111 (powers of entry for investigation purposes) – whether waahi tapu issues meant the s110 notice should not have been issued – whether the District Court erred when it held the existence of a criminal offence and remedy under s112(2) (wilfully obstructs any authorised person) did not prevent the granting of an injunction.

Criminal, Criminal Procedure, Statutory Interpretation

Appeal against conviction on a charge of doing an indecent act on a child - accused exposed his penis and masturbated in front of a child – no physical contact with child – definition of indecent act referred to act done “with” other person - whether actions amounted to indecent act under s132 (3) Crimes Act 1961 (indecent act on a child) – whether use of word “with” encompassed a situation where there was no physical contact - whether indictment could be amended or other conviction substituted - whether any substantial change to sentence imposed was required as a result of the quashing of the indecent act count.

Civil Procedure, Law Practitioners, Tort

Application for review of associate judge’s decision to strike out plaintiffs’ claims – cross-application to strike out plaintiffs’ applications together with order that first plaintiff could not appeal decision in present case – application by defendant for costs on earlier unsuccessful injunction proceeding – dispute between solicitors – exchange of letters and complaints laid with Law Society lead to claim for abuse of process, malicious prosecution and defamation/injurious falsehood - associate judge struck out claims on own motion as being frivolous and not tenable - whether there was jurisdiction to strike out the claim without giving plaintiffs sufficient opportunity to be heard as required by r7.43(3) High Court Rules (making of interlocutory order on judge’s own initiative) – whether associate judge erred in striking out claims as being frivolous or no tenable cause of action – whether application should be struck out as mis-founded, causing prejudice and delay, frivolous and was an abuse of process – whether defendant entitled to costs on earlier failed injunction proceedings.

Criminal Sentencing, Professions and Trades, Property

Appeal by real estate company and its directors against conviction for breach of s141 Real Estate Agents Act 2008 (offence to carry on business as agent unless licensed) and a sentence of fines of $13,000 and $7000 respectively in the District Court – first conviction and appeal under s141 – appellants viewed themselves as property traders rather than real estate agents - did not hold a real estate agents licence – company usually purchased property in its own name and on-sold for a profit – appellant located a purchaser and received commission – whether a strict liability offence – whether sale was a transaction made in trade – whether director should receive a discharge without conviction – whether fines excessive – effect of newness of legislation and fact it was first conviction on the gravity of the offending.

Bill of Rights, Criminal Evidence, Criminal Procedure, Law Practitioners

Application seeking judicial review of a decision to issue a search warrant under s44 Mutual Assistance in Criminal Matters Act 1992 (search warrants), on the grounds the warrant was illegal – warrant requested by United Kingdom Serious Fraud Office and served on a firm of solicitors in Auckland – principal of firm suspected of being involved in an fraudulent international trading scheme – whether issuing of a search warrant could be subject of judicial review proceedings – whether warrant invalid because the police had failed to advise the District Court that the NZ SFO had agreed to serve on the applicant, a compulsory examination notice under s9 Serious Fraud Act 1990 (power to require production of documents) – whether cloning of hard drive illegal – whether search and seizure breached s21 New Zealand Bill of Rights Act 1990 (unreasonable search and seizure).

Civil Procedure, Commercial, Equity

Third party claim for contribution following liability judgment against defendant (“D”) – various payments made in breach of fiduciary duties of loyalty and good faith to plaintiff company – costs judgment found D obliged to repay plaintiff over $1 million – D said had acted as director and trustee shareholder to enable third party (“TP”) to continue to operate business as TP was undischarged bankrupt - alleged had made payment at direction of TP who had benefited from the payments – procedural deficiencies in pleadings – whether payments had created a common liability so as to make parties co-obligors – elements of common liability – whether D’s conduct disentitled him in equity to right of contribution.

Criminal Evidence, Transport

Appeal against conviction in the District Court of one count of driving with excess breath alcohol (third or subsequent) – appellant had emphysema and a prescribed asthma inhaler containing ethanol – to conduct evidential breath test required appellant to walk up a hill – first evidential breath test recorded 563 micrograms of alcohol per litre of breath – second evidential breath test conducted after inhaler used, recording 1,800 micrograms of alcohol per litre of breath – whether evidence excluded possibility that appellant used inhaler prior to first evidential breath test – failure to cross examine appellant on disputed evidence – whether appellant's recall of events was faulty – whether defence of involuntariness was available.

Judiciary

Application for a writ of mandamus compelling the defendant to process the plaintiff’s complaints against a District Court judge in a timely manner, and a declaration that the defendant had acted unlawfully in failing to process the complaint in a timely manner – plaintiff laid complaint under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 concerning the adjournment of an application for variation of bail – defendant said unable to process complaint due to lack of resources – plaintiff alleged defendant had failed to comply with s14 (commissioner must acknowledge complaint and deal with it promptly).

Contract, Property

Summary judgment application – plaintiff leased premises from defendant council – council initiated steps to take plaintiff’s leasehold interest under Public Works Act 1981 for roading purposes – parties entered into agreement settling plaintiff’s claim to compensation under Act – subsequent destruction of premises by fire led to termination of lease – whether the agreement was frustrated by the termination of the lease.

Property

Application to set aside statutory demand for rent arrears and other outstanding charges – respondent leased premises to applicant for motel business – applicant claimed set off or counterclaim - clause in lease agreement provided stipulated rent or other payments due were not suspended by reference to arbitration (cl 3.9) but agreement did not expressly exclude set-off – whether a literal interpretation of the arbitration clause would be unreasonable and should not be adopted - whether wording of clause was sufficient to exclude set-off.

Environment, Resource Management

Appeal from respondent’s decision that the setback rule in proposed District Plan which required houses to be setback at least 3 metres from the road boundary – appellant argued for a 6 metre setback rule for Raglan – objective of plan to retain seaside village character - whether the setback rule implemented the policies and objectives of the plan - whether the rule was the most appropriate method of achieving the objectives - whether the rule complied with Part 2 RMA (purpose and principles – sustainable management) - whether the council had regard to the Regional Policy Statement.

Intellectual Property

Appeal from Assistant Commissioner of Trade Marks decision declining to uphold opposition to trade mark application – parties both sold pet food – appellant sold dog and cat food under “Optimum Nutrition for Life” and “Optimum” registered trademarks and opposed the respondent’s trade mark application for “Optimize Pro Lead the Pack” – whether the similarities between the respective trade marks and identical nature of goods meant registration was likely to deceive or confuse.

Employment

Preliminary issue concerning whether the plaintiff was entitled to bring a personal grievance for unjustified dismissal – plaintiff employed as a farm manager – offer of employment did not contain provision for 90 day trial period – one hour after commencing work plaintiff presented with employment agreement which contained trial period clause – agreement not negotiated and plaintiff not advised he was entitled to seek independent advice – whether plaintiff was an existing employee when asked to sign agreement and therefore not subject to trial period under s67A Employment Relations Act 2000 (when agreement may contain provision for trial period) – whether s63A (bargaining for individual employment agreement) had been breached and if so, what were appropriate remedies – meaning of employee for the purposes of s67A.

Commercial, Customs

Banking and Finance

Banking and Finance

Banking and Finance, Company

Environment

Banking and Finance

Judiciary

Commercial, Customs

Fisheries

Fisheries

Banking and Finance

Company

Health

Criminal Sentencing

Criminal

Criminal Procedure

Criminal Procedure

Criminal

Criminal Sentencing

Education