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News

Solicitor-General 'looking into' Filipo discharge (27 September 2016) (NZ)

NZ Herald

The Solicitor-General is "looking into" a judge's decision to issue a young rugby...

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Florida honeymoon, $3000 lunch: corruption trial begins (27 September 2016) (NZ)

NZ Herald

The trial of Auckland council staff accused of corruption has heard more details of lavish...

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Xero trading led to market manipulation case (27 September 2016) (NZ)

NZ Herald

Trading by Milford Asset Management portfolio manager Mark Warminger in Xero shares in June 2014...

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Language defence fails in $7.3m property deal fight (27 September 2016) (NZ)

NZ Lawyer

An Auckland company argued it shouldn't have to pay a ten per cent deposit on a cancelled $7.3...

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Calls to regulate lawyers under anti-money laundering and terrorism finance Act (26 September 2016) (NZ)

NZ Lawyer

The New Zealand Law society has suggested that it can be the supervising body of the legal...

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IT security expert says fight online fraudsters with old technology (27 September 2016) (NZ)

New Zealand Law Society

Online fraudsters have been targeting lawyers and firms for some time and an I.T security expert...

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Commission releases 2016 Consumer Issues Report (27 September 2016) (NZ)

Commerce Commission

The Commerce Commission has released its 2016 Consumer Issues Report, presenting a picture of...

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89% of legal aid applications granted (27 September 2016) (NZ)

New Zealand Law Society

Information released by Associate Justice Minister Simon Bridges shows that about 89% of...

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Virtual court pilot is ‘not fit for purpose’ (26 September 2016) (UK)

Law Society Gazette

As the government plots the wide-scale rollout of virtual hearings through its Transforming...

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"Draw and you'll go to jail": the fight to save comics from the censor (25 September 2016) (NZ)

guardian.co.uk

n 1994, Mike Diana found himself in jail near his home in Largo, Florida. Sitting alongside...

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Charges laid over Nurofen specific pain range painkillers (26 September 2016) (NZ)

Commerce Commission

Reckitt Benckiser (New Zealand) Limited (RBNZ) faces 10 charges brought by the Commission...

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Queen of divorce: Angelina Jolie hires expert in separating Hollywood royalty (23 September 2016) (USA)

guardian.co.uk

Wasser, 47, a partner at the law firm Wasser, Cooperman & Mandles, has proved so skilled at...

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Report shows risks to independence of UK legal profession (23 September 2016) (UK)

lawsociety.org.uk

A strong and vibrant legal profession is vital to ensuring that the rule of law is upheld, the UK...

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Chief Censor: "Violent media is helping to shape a violent NZ" (22 September 2016) (NZ)

Office of Film and Literature Classification

The Film and Literature Board of Review has today upheld the Chief Censor's R18 classification of...

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Lawyers need to prepare for “customer service revolution” (22 September 2016) (UK)

Legal Futures UK

A regulatory agenda that is looking to help consumers shop around for legal advice means that...

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Amazon UK found guilty of trying to airmail dangerous goods (23 September 2016 ) (NZ)

guardian.co.uk

Amazon UK has been found guilty and fined £65,000 for breaking aviation safety laws after...

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Law Society comment on legal cases against UK troops in Iraq (22 September 2016) (UK)

lawsociety.org.uk

Nothing should undermine the independence of the legal profession, the rule of law, and the...

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NZ joins a number of jurisdictions with sex offender registry (sex offender registry (22 September 2016) (NZ)

New Zealand Law Society

The Child Protection (Child Sex Offender Government Agency Registration) Act 2016 received the...

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National action plan to reduce dog attacks (22 September 2016) (NZ)

beehive.govt.nz

Today Louise Upston Associate Minister for Local Government, announced a new national action plan...

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Guide for self-represented people in criminal cases released (21 September 2016) (NZ)

New Zealand Law Society

The Ministry of Justice has prepared a guide for people representing themselves in criminal cases...

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Click here to access all news in the archive

Articles

How legal teams can work more efficiently with other departments (27 September 2016) (AUS)

Lawyersweekly.com.au

General counsel and senior legal counsel have the ability to influence business units to ensure...

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Insurance Case Law Update (September 2016) (NZ)

Hesketh Henry

Our Insurance Law team has written a new on-line publication for LexisNexis, known as Insurance...

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Consumer Law (27 September 2016) (NZ)

Russell McVeagh

The Commerce Commission (NZCC) today released its Consumer Issues Report 2016, the third such...

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Restructuring, Turnaround and Insolvency in Asia Pacific guide released (27 September 2016) (NZ)

Buddle Findlay

Restructuring and insolvency team members Seb Bisley, Oliver Gascoigne and Cameron Laing have...

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Legal update on technology, media and telecommunications - September 2016 (27 September 2016) (NZ)

Buddle Findlay

The 'Internet of Things' is growing at an exponential pace as more and more devices are connected...

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New Zealand’s Patents Act 2013 – Local novelty is out (but was it ever really in?) (2 September 2016) (NZ)

Shelston IP

The more things change, the more they stay the same. New Zealand’s new Patents Act 2013...

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The Aksentijevic decision and commercial electronic messages (September 2016) (NZ)

McCaw Lewis

Aksentijevic v Department of Internal Affairs [2016] NZHC 226 is a recent decision of the New...

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Court of Appeal on ‘anticipatory breach’ of contract and when it occurs (26 September 2016) (NZ)

Parker & Associates

In Sun & Others v Peninsula Road Limited (in rec and in liq) [2016] NZCA 427 (9 September...

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Resource Management Update – September 2016 (26 September 2016 ) (NZ)

Russell McVeagh

In this edition: A ‘quick fix’ for housing The Unitary Plan: and so it...

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Crisis communications – can your law firm survive? (23 September 2016) (AUS)

Lawyersweekly.com.au

It could be only a matter of time before your law firm faces a crisis that severely damages its...

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Pokémon Go craze raises questions on how augmented reality affects real-world rights and responsibilities (23 September 2016 ) (NZ)

Minter Ellison Rudd Watts

Augmented reality (AR), the technology behind Pokémon Go, creates a virtual world that overlaps...

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Australian Patent Office overruled – Swiss-style claims can confer eligibility for patent term extensions (22 September 2016) (AUS)

Shelston IP

As previously reported, the Australian Patent Office issued two decisions in August 2015 in which...

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New Zealand: Daisy-chaining of divisionals to be nipped in the bud following Government review? (20 September 2016) (NZ)

Shelston IP

New Zealand Government review has commenced under which the facility to “daisy...

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Have your say: NZ Govt seeks feedback on possible changes to divisional patent application practice (20 September 2016) (NZ)

Baldwins

The New Zealand Government is seeking feedback on proposed amendments to how divisional patent...

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Vodafone and Sky: ‘veteran lawyer’ needs new reading glasses (16 September 2016) (NZ)

Wigley + Company

On 19 August, an unnamed “veteran lawyer” wrote in the National Business Review that...

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Backbone - Issue Eleven (19 September 2016) (NZ)

Minter Ellison Rudd Watts

Welcome to Backbone Issue Eleven – the digital magazine for privately owned business. In...

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Rising fines for health and safety breaches in Australia (15 September 2016) (AUS)

Duncan Cotterill

A recent health and safety prosecution in New South Wales has resulted in a total penalty of over...

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WorkSafe issues strategic plan on health in the workplace (15 September 2016) (NZ)

Duncan Cotterill

WorkSafe has issued a strategic plan for work-related health, outlining their plan for a New...

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Enforceable undertakings as an alternative to prosecution (15 September 2016) (NZ)

Duncan Cotterill

The Health and Safety at Work Act 2015 (HSW Act) provides a range of options for WorkSafe when...

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The Local Government Amendment Bill: better public services or amalgamation by stealth? (16 September 2016) (NZ)

Buddle Findlay

In 2015, major amalgamations of local authorities in Wellington, Hawke's Bay and Northland failed...

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Click here to access all articles in the archive

Cases

Company

Advicewise People Ltd v Trends Publishing International Ltd

Application for orders that the adoption of a proposal under Part 14 Companies Act 1993 (compromises with creditors) was not valid and the resulting compromise was not binding on the affected creditors - alternatively, an order was sought that the compromise was not binding on any of the challenging creditors - the directors of the respondent company had proposed the compromise which was approved by a majority in number and 75 percent in value – a large amount of outstanding debt was owed to an associated company and its director (“insider creditors”) which had waived its right to a security interest in order to vote as an unsecured creditor - the plaintiffs claimed that the proponents of the compromise manipulated the voting procedures in order to manufacture statutory majorities to approve the compromise and they were unfairly prejudiced as a result - whether the insider creditors should have been put into a different class for voting purposes - whether the compromise was unfairly prejudicial to (one or more of) the challenging creditors – if yes, what relief should be granted.

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Law Practitioners

Zhao v Otago Standards Committee No. 1

The applicant (lawyer) faced a single charge of “misconduct” with two alternatives, namely “negligence or incompetence”, or “unsatisfactory conduct” under the Lawyers and Conveyancers Act 2006 (“LCA”) and Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 – the applicant had flown to China to meet with his client - the charges concerned: failure to pay client money into a trust account; failure to ensure client money earned interest; personally earning interest from client monies and failure to act upon a request to uplift client documents – the applicant sought to have the Chair and two of the members who had sat on the Lawyers and Conveyancers Tribunal recused and a document (a transcription of an audio recording made by the client) to be disclosed which a Standards Committee witness claimed was confidential and privileged - whether the test of bias in Saxmere Company v Wool Board Disestablishment Company had been met – whether the document sought was subject to either litigation or solicitor/client privilege (or confidentiality) so as to exclude it from consideration – whether the applicant had met the threshold of establishing an abuse of process such as to warrant a permanent stay of the proceedings – whether the undisputed conduct was “wilful or reckless” breach of the LCA or Rules to constitute misconduct – if not, did the additional default of a one-year delay, (before sending the client’s documents to Immigration New Zealand) compound behaviour to reach the level of misconduct – whether, because a breach of s110 LCA (obligation to pay money received into trust account at bank) amounted to an offence, it was outside the Tribunal’s jurisdiction – whether because the events occurred in China, the Tribunal did not have jurisdiction.

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Contract, Property

Sun v Peninsula Road Ltd (in receivership and liquidation)

Appeal against a High Court decision awarding the second respondent damages for loss of bargain, claiming the difference between the contract price and the market value of the units at the date of cancellation – the appellants were purchasers in a luxury development for Stage 1 and 2 – the first respondent developer went into receivership before it was completed - it assigned the assets to the fourth respondent which was also placed in receivership – the fourth respondent assigned the vendors’ rights under the agreements for sale and purchase to a subsidiary, the second respondent which issued settlement notices to the appellants - whether it was an essential term of the assigned sale agreements that the vendors were obliged to complete Stages 2 and 3 – if yes, whether any such obligation was an essential term of the bargain – whether there was an anticipatory breach of the obligation to complete Stages 2 and 3 of the development – whether the respondents breached an agreement that one building would be an exclusively residential development.

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Law Practitioners, Mental Health

Auckland Standards Committee 5 v Moody

Application for a permanent stay of proceedings on the grounds of ill health of the practitioner - the practitioner was charged in June 2015 with serious failures in his charging practices, including overcharging, to the extent that his conduct was alleged to amount to misconduct, (pleaded with lesser alternative charges) – the medical evidence was that the practitioner was suffering from frontotemporal dementia and would not be able to recall detail as to what he had in his mind at the time he invoiced his clients and that he could not make suggestions to his lawyer about how to deal with the allegations – duty of practitioners where they noticed a gradual deterioration in a colleague - whether the practitioner’s condition meant that he would be denied natural justice under s236 Lawyers and Conveyancers Act 2006 (rules of natural justice) if a stay was not granted - whether suppression should be granted in regard to details of the practitioner’s illness.

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Property, Taxation

Commissioner of Inland Revenue v Vector Ltd

Appeal by the Commissioner of Inland Revenue against the High Court’s (HC) finding that the proceeds from a sale of access rights to a tunnel and overhead corridor, through which electricity was to be distributed, was a non-taxable capital receipt and did not attract income tax liability – the respondent sold the access rights to the national grid operator, Transpower - Transpower paid the respondent $53million - the Commissioner said that the consideration was deemed to be income by CC (2)(g)( “other revenues”) was income - whether s CC 1 included in a taxpayer’s income amounts “derived … from” the use of “land” that it “owned” - whether the HC erred in its interpretation of the term “other revenues” as used in s CC 1(2)(g) - whether the Consideration was disguised rent paid in advance as a lump sum and it was received for the use of Vector’s “land” by Transpower.

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Trusts, Wills

Frickleton v Frickleton

Appeal against the High Court’s (HC) refusal to remove the sole executor of an estate - the appellant, applied under s21 Administration Act 1969 (Discharge or removal of administrator) to remove his brother (the respondent) as the sole executor of the estate of their father - he also applied under s51 Trustee Act 1956 for an order removing him as the trustee of the Family Trust (the Trust) – the respondent had instituted a claim against the appellant’s company for a debt owed to the Estate – he had also transferred the proceeds of an insurance policy from the Estate to the Trust, allegedly with the agreement of all four Estate beneficiaries (including the appellant) – the claim against the company was extended to include the appellant personally and included allegations of fraud – in reaching her decision not to replace the respondent, the Judge had examined the merits of the claim against the appellant - whether the claim against the appellant personally made it expedient to remove the respondent as executor of the Estate - whether the Judge had applied too narrow a view to the test of expediency by limiting it to an assessment of the merits of the Estate’s claim against the appellant.

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Building, Leaky Building, Limitation

Lee v Whangarei District Council

Application for leave to appeal against the Court of Appeal’s dismissing of an appeal against a summary judgment granted in the High Court (HC) on the basis that limitation applied to the appellant’s claim – the applicant owned a leaky house which failed its final inspection in March 2008 – the applicant had commissioned a report in February 2008 which identified weathertightness issues – a subsequent report in April 2011 noted additional defects – the appellant issued proceedings in May 2014 alleging negligence in the Council’s inspections - the HC held that s4(1)(a) Limitation Act 1950 applied and not s393 Building Act 2004 (Limitation defences - 10 years) – the Court of Appeal agreed with the HC on the application of s4(1)(a) and said that s37 Weathertight Homes Resolution Services Act 2006 (Application of Limitation Act 2010 to applications for assessor’s report, etc) did not stop the clock for the purposes of all proceedings relating to the building - whether leave should be granted to argue that the Courts below had applied the wrong limitation time - whether leave should be granted to argue that s37 WHRSA stopped the clock for the purposes of all proceedings relating to the building.

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Employment, Health

Ministry of Health v Lowe

Appeal against the finding of the Employment Court which held that the respondent was a homeworker within the meaning of s5 Employment Relations Act 2000 (ERA), and so deemed to be an employee to whom obligations were owed under the Act and under other employee protection legislation, such as the Minimum Wage Act 1983 and the Holidays Act 2003 – the respondent provided relief care when full time carers took a break from caring for a person with a disability - the Ministry of Health and the District Health Board (DHB) funded the Carer Support Scheme - payment of carer support was through a shared payment agency - payment was made directly to the respondent in some instances and in others, the full time carer was paid and then paid the respondent - no tax was deducted from the payments - the respondent did not have any contact with the Ministry or the DHB or the payment - whether the respondent was a ‘homeworker’, as defined by s5 ERA, and therefore an employee of the first and/or second appellants.

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Property

Paul Young & Associates Ltd v Minister for Land Information

Report of the Environment Court to the Minister for Land Information - the objector, filed a notice of motion pursuant to s23(3) and s24 Public Works Act 1981 (PWA) objecting to the taking of land by the Minister for Land Information for a motorway – the objector was not a registered proprietor of the land, but did have a registered interest in the land, namely an encumbrance which secured a rent charge – initially both the Crown and the objector dealt with the matter as if the objector Young was an owner of land - entitlement to claim compensation under s60 (Basic entitlement to compensation) - subsequently the Crown decided to redeem the interest under s100 (Land subject to rent charge) – the Minister had served notice under s18(1)(a) (serve notice of desire to acquire the land on every person having a registered interest in the land) - whether a party with an entitlement to a rent charge was the "owner" of "land" for the purpose of s 18(1)(c) (invite the owner to sell the land) or (d) (make every endeavour to negotiate in good faith with the owner) PWA - whether a party with an entitlement to a rent charge could make a claim for compensation under s77 PWA - whether a rent charge was a registered interest in land and if it was, was notice required to be served under s 18(1)(a).

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Criminal Sentencing, Mental Health

R v Singh

Sentencing on one charge of wounding with intent to cause grievous bodily harm - the victim of the offending was the defendant’s former wife – the defendant was diagnosed with serious mental health issues and at the time of the present offending he had been granted overnight leave allowing him to spend time between the community and the Mason Clinic as part of efforts for his rehabilitation and re-integration – he had not been taking his medication regularly prior to the offending the defendant had smoked methamphetamine – he then held a pistol to the victim’s head and stabbed her with an ornamental knife several times in the chest and head - the pre-sentence report assessed the defendant as having a medium risk of re-offending and high risk of causing harm to others – the defendant accepted that his offending fell into band 3 of Taueki but said there was considerable overlap between the aggravating factors and submitted that the appropriate starting point was in the region of 10 years – what was the starting point for similar cases involving grievous bodily harm offending against domestic partners – whether a discount for mental illness was appropriate if the Court ordered detention as a special patient under the s34 Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP) – whether the defendant met the criteria for detention under CPMIP.

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Criminal Procedure, Transport

Solicitor-General’s Reference (No 1 of 2016), From CRI-2015-485-52, High Court at Christchurch

Reference by the Solicitor-General on two questions of law as to whether the High Court (HC) had correctly held that the practice used to give notice of suspension of the licences of drivers who had accrued 100 or more demerit points in a two-year period, did not meet the requirements of s90(1) Land Transport Act 1998 (LTA) – s 90(1) LTA required that the Land Transport Agency “give” notice in writing advising the person (ie the driver) of the accumulation of those demerit points and the suspension consequences - the practice was that a police officer checking the licence of such a driver would be alerted by electronic notification by the Land Transport Agency, and automatically requested to issue the notice on the Agency’s behalf – the notice was a standard form police template – it was common ground that until 2015 the delegation by the Agency of its role to the police had been invalid -whether the police template form fulfilled the requirement of the Agency giving notice under s90(1) LTA - if not, whether s379 Criminal Procedure Act 20911 (Proceedings not to be questioned for want of form) deemed the notice valid when a driver was subsequently prosecuted for driving while his or her licence was suspended.

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Judicial Review

Serco New Zealand Ltd v The Chief Inspector of Corrections

Application for judicial review of a report of the respondent which the applicant alleged was in breach of natural justice and its finalisation was in error of law and unreasonable – Youtube footage showed prisoners fighting at Mt Eden Corrections Facility managed by the applicant under contract, indicated the presence of an organised fight club – after an initial investigation, Department of Corrections decided to invoke the “step-in” clause under the prison management contract so that it could place a management team into the prison to oversee operations – the respondent completed his investigation and produced his report – whether the applicant’s rights of natural justice had been breached – whether there had been an error of law by taking into account irrelevant considerations.

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Employment

Lewis (Labour Inspector) v Silver Fern Farms Ltd

Challenge to a determination of the Employment Relations Authority (“the Authority”) which set aside a finding by the plaintiff Labour Inspector that Labour Day in 2014 was otherwise a working day for a pre-operation cleaning crew employed by the defendant, within the meaning of s13 Holidays Act 2003 (Labour Inspector may determine what would otherwise be working day) and set aside both the determination and improvement notice – the defendant was an export licensed meat processing company operating a seasonal freezing works – the defendant claimed that members of the cleaning crew were retained on casual employment agreements and, as a result, Labour Day was not an otherwise working day for them – whether the employees were covered by the Collective Agreement - whether Labour Day was a public holiday for members of a cleaning crew.

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Property

Paul Young & Associates Ltd v Minister for Land Information

The objector had filed a notice of motion with the court pursuant to s23(3) Public Works Act 1908 (“PWA”) (notice of intention to take land - every person with any estate or interest in the land intended to be taken may object) and s24(7)(d) PWA (objection to be heard by Environment Court) objecting to the taking of land by the respondent – the objector was not a registered proprietor of the land, but had a registered interest in the land by virtue of certain encumbrances registered over the Certificates of Title (a rent charge) – it sought compensation for a vehicular right of way it had constructed - the land was to be taken for the Christchurch Southern Corridor Roads of National Significance Project – whether a party with an entitlement to a rent charge was the "owner" of "land" for the purpose of s18(1)(c) PWA (prior negotiations required for acquisition of land for essential works – invite the owner to sell the land ) or s18(1)(d) PWA (make every endeavour to negotiate in good faith with the owner in an attempt to reach an agreement for the acquisition of the land) – whether a party with an entitlement to a rent charge was an "owner of land" and therefore a person who may make a claim for compensation under s77 PWA (by whom compensation may be claimed) - whether a rent charge was a registered interest in land requiring notice under s18(1)(a) PWA.

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Judicial Review

Watson v Chief Executive of Corrections

Application for judicial review of the respondent Department of Correction’s decision to refuse to allow a journalist to attend a meeting between the applicant Watson and the deceased victim’s father – Watson was serving a sentence of life imprisonment, with a minimum non parole period of 17 years, for the murders of Olivia Hope and Ben Smart – he had exhausted his appeal rights and an application for the Royal Prerogative of Mercy had been declined – the journalist was allowed to be present as facilitator but was not allowed to write an article about it – Corrections had declined the request under s109 Corrections Act 2004 (approvals) on the grounds the journalist had already interviewed the applicant and the request failed to articulate why a further visit by a journalist should be granted – consideration of s14 New Zealand Bill of Rights Act 1990 (freedom of expression) – whether the decision was unreasonable.

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Costs, Environment

The Club Body Corporate v Queenstown Lakes District Council

Application for alleged post-mediation costs by the appellant - the appellant had concerns about the height of a unit (Unit 5) – during mediation the applicant's architect said that Unit 5's height could not be reduced – it was agreed that the appellant's architect would develop plans showing how the height reduction could be achieved - the applicant rejected these because of their design, additional costs, complexity and risk to construction – however the applicant’s architect subsequently redesigned Unit 5 to comply with the District Plan - the appellant sought costs for the expenses incurred between the period after mediation and the agreement to the applicant's architect's amended plans, saying it had been forced to incur added costs by the applicant’s refusal to accept that Unit 5 could be redesigned - Environment Court Practice Note 2014 stated that costs incurred in court-assisted mediation were not awarded by the Court – whether the period post the mediation leading up to the agreement fell within the court assisted mediation process – whether the appellant had incurred unnecessary expenses as a direct consequence of the applicant's assertion that the height of Unit 5 could not be reduced – whether the directive language in the Practice Note overrode any discretion that might otherwise exist.

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Construction, Parliament

Te Ohu Kai Moana Trustee Ltd v Attorney-General

Application by the Attorney-General for an interim stay of proceedings on the basis that their continuation at this time would constitute improper interference with the proceedings of Parliament and would infringe its privileges – applicants sought declaration that a Bill before Parliament would breach rights grated to the applicants by a Treaty of Waitangi Fisheries Settlement – the Attorney-General relied on s4 Parliamentary Privileges Act 2014 (PPA) (Act to be interpreted to promote principle of comity) - whether the declarations invited direct or implied comment on the content of the legislation and its impact, at a time when the legislation was still before the House, and breached the comity principle.

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Family

Ronayne v Coombes

Appeal and cross-appeal from the High Court’s (HC) judgment making orders under the Property (Relationships) Act 1976 (PRA) – the parties had owned a family home which they sold – subsequently they set up a family trust which purchased a new family home in which they had lived until separation – post separation, the wife remained in house for two years – the HC awarded the wife $65,000 for economic disparity and refused husband’s claim for occupation rental – the Judge set off the wife’s claim for interest on the husband’s super against the husband’s claim for $100,000 contributions he made during the period that the parties continued to operate a joint bank account post separation - whether the appellant husband was entitled to occupation rent under either s18B of s44C PRA for the wife’s occupation of the home owned by the family trust - whether the Judge’s erred in not making an allowance to the appellant for the financial contributions he made to the respondent post-separation - if yes, whether the Judge was wrong to refuse to award the respondent interest on the appellant’s super profits -whether the economic disparity between the parties was the result of the wife’s choice not to pursue a career rather than the division of functions in the marriage.

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Intellectual Property

Oraka Tech v Geostel Vision Ltd

Claim for damages of 4.1 million for breach of copyright – plaintiff was the owner of the copyright in an asparagus grader – the Court of Appeal determined that the first through third defendants had breached the plaintiffs copyright – it remitted the claim to the High Court to consider damages – during the infringement period, the grader was exclusively manufactured and sold, under an informal arrangement, by the second plaintiff (another company owned by the same family) - the second plaintiff therefore suffered the loss, but it had no cause of action for breach of copyright as it did not hold a written exclusive licence, as required by the Copyright Act 1994 - whether the second plaintiff was the agent for the first plaintiff so that the first plaintiff could recover “third party” losses - whether a party in breach was not permitted to take advantage of family arrangements (or lack of arrangements) to escape responsibility for the damage they wrongfully caused - in the alternative, whether damages could have been awarded to the first plaintiff as “additional damages” under s 121(2) CA.

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Leaky Building, Property

Newland v Body Corporate No 81340

Appeal from a District Court (DC) decision that the appellant was liable for levies for operating expenses of $21,000 - the DC had refused summary judgment in respect of a long-term maintenance levy, totalling $96,500, holding that the long-term maintenance fund could not be used (and a long-term maintenance levy could not be struck) to pay for remediation works and approval of a scheme under s74 Unit Titles Act 2010 (UTA) (Scheme following destruction or damage) would be required – the appellant objected to four items in the operating expenses budgets for legal expenses, a Long Term Management Plan contribution, a Quantity Surveyor cost and a Management Fee for the Chairman – whether it was open to unit holders to dispute a levy on the basis that they did not agree with one or more of the individual uses to which the levy would be put - whether the Body Corporate had wrongly budgeted operating expenses and long-term maintenance expenses together, and paid these into a single bank account in breach of the UTA.

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Click here to access all cases in the archive

Legislation

Commercial, Taxation

Commodity Levies (Eggs) Order 2016 (LI 2016/210)

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Civil Evidence

Evidence Amendment Act 2016 No 44

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Privacy, Technology

Electronic Interactions Reform Bill 175-1 (2016)

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Local Government, Parliament

Electoral Amendment Bill 176-1 (2016)

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Click here to access all legislation in the archive

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