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Law Practitioners

Top lawyers acknowledged at CLANZ awards (20 May 2013) (NZ)

New Zealand Law Society

The role in-house lawyers play in the private, public, and community sector governance and growth has been celebrated at the annual CLANZ awards evening. The New Zealand Law Society in-house lawyer section CLANZ represents the 21% of lawyers who are employed by major organisations and...

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Civil Procedure, Costs

Don’t worry about Jackson fallout – judge (20 May 2013) (UK)

Law Society Gazette

The High Court judge responsible for implementing the Jackson civil litigation reforms has made two speeches seeking to allay lawyers’ fears about the reforms’ impact. Speaking to the Commercial Litigation Association annual conference, Mr Justice Ramsey urged more...

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Company, Employment, Health and Safety

Health and safety guidelines for directors launched (20 May 2013) (NZ)

beehive.govt.nz

Guidelines for company directors on leading and managing health and safety in their workplaces have been launched by Labour Minister Simon Bridges. “This is an important milestone in addressing both the recommendations of the Pike River Royal Commission and the Independent Taskforce on...

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Employment, Law Practitioners

Trainee lawyer was denied permanent contract when she became pregnant (19 May 2013) (UK)

The Guardian

33-year-old wins case against top City law firm, but her counsel warns of many similar cases. A trainee lawyer is in line for compensation from a top City law firm after winning her case for discrimination after she missed out on a job because she was pregnant. An employment tribunal found...

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International, Taxation

Foreign super tax bill introduced (20 May 2013) (NZ)

Inland Revenue Department

The Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Bill was introduced by the Minister of Revenue today. The bill proposes reforms to the taxation of foreign superannuation to make the rules simpler and easier to comply with, makes changes to the rules for specified mineral...

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Law Practitioners

Top lawyers acknowledged at CLANZ awards (20 May 2013) (NZ)

New Zealand Law Society

The role in-house lawyers play in the private, public, and community sector governance and growth has been celebrated at the annual CLANZ awards evening. The New Zealand Law Society in-house lawyer section CLANZ represents the 21% of lawyers who are employed by major organisations and...

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Law Practitioners, Partnership

How To: sever a partnership (20 May 2013) (UK)

Law Society Gazette

Partner culls, dropped practice areas, team moves, mergers, firms going bust – the lot of the equity partner is not always a happy one. When firms were making good money, partners could sit back and enjoy the rewards. But the economics have changed across the legal sector, prompting greater...

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Law Practitioners

In-house growth accelerating (20 May 2013) (Intl)

Law Society Gazette

In-house legal departments are using increased budgets to expand their own teams, with general counsel adding specialist lawyers able to take instructions that would have previously gone to external firms. That is the conclusion of research conducted by Laurence Simons for the Association of...

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Human Rights, Law Practitioners

Saudi Arabia accepts registration of female lawyer (20 May 2013) (Intl)

Law Society Gazette

Arwa Al-Hujaili has become Saudi Arabia’s first female lawyer – but only after spending three years post-graduation petitioning the kingdom’s Ministry of Justice to register her as a trainee. However, Al-Hujaili’s problems may have only just begun: any Saudi judge who...

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Insurance

Request to inquire into various matters relating to the Crown’s offer to purchase properties in the Christchurch ‘red zone’ (17 May 2013) (NZ)

Office of the Auditor-General

On 12 February 2013, the Hon Lianne Dalziel wrote to the Office of the Auditor-General and released that letter publicly. The Auditor-General has replied. Ms Dalziel requested the OAG inquire into: 1.The Crown’s method of acquiring properties in the residential ‘red...

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Competition, Technology

Commission identifies companies liable for $50 million telecommunications levy (20 May 2013) (NZ)

Commerce Commission

The government uses the annual levy to pay for telecommunications infrastructure including the relay service for the deaf and hearing-impaired, broadband for rural areas, and improvements to the 111 emergency service. Telecommunications Commissioner Dr Stephen Gale said the levy—about...

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Taxation

Dunne: foreign super and mining tax rules to change (20 May 2013) (NZ)

beehive.govt.nz

Proposals to reform the tax treatment of foreign superannuation and bring the tax treatment of gold, silver and ironsands mining into line with other economic activities are the centrepieces of a tax bill introduced in Parliament today, Revenue Minister Peter Dunne has announced. He said the...

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Criminal, Health, Human Rights

Funding continues to resolve historic abuse claims (20 May 2013) (NZ)

beehive.govt.nz

The Government has committed $16 million over the next four years to continue the Ministry’s successful Historic Claims Resolution Process for those abused in care. “It’s important we listen to those who experienced past abuse as children in state care, that we apologise and...

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Health, Human Rights

Paying family carers – Amendment Bill passed (17 May 2013) (NZ)

beehive.govt.nz

The New Zealand Public Health and Disability Amendment Bill (No 2) has passed through Parliament today. New Zealand is only the third country in the world, after Sweden and the Netherlands, where some family carers can be paid a wage to care for their disabled family member, according to the...

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Commercial, Health

Dunne names Psychoactive Substances Bill expert committee (17 May 2013) (NZ)

beehive.govt.nz

Associate Health Minister Peter Dunne today announced the make-up of the interim expert advisory committee that will help set the safety testing regime for legal highs under the incoming Psychoactive Substances Bill. The committee – to be chaired by Otago University Associate Professor...

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Law Practitioners

Queen’s Counsel appointed (17 May 2013) (NZ)

beehive.govt.nz

The Attorney-General, the Hon Christopher Finlayson, announced today the appointments of 26 Queen’s Counsel. This is the first appointment round of Queen’s Counsel since 2007 following changes to the Lawyers and Conveyancers Act earlier this year restoring the title of...

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Building, Property

Housing Accords and Special Housing Areas Bill (17 May 2013) (NZ)

Buddle Findlay

Following last night's Budget, the Housing Accords and Special Housing Areas Bill was introduced to the House and passed its first reading. If enacted, the Act will apply for three years and allows the Minister for Housing to declare special housing areas, within which a more permissive and...

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Civil Procedure, Wills

Advice received on centralisation of probates (16 May 2013) (NZ)

New Zealand Law Society

The Ministry of Justice has provided information to the New Zealand Law Society about the centralisation of probates from 4 June 2013. From that date, a number of changes come into effect for applications filed under Part 27 of the High Court Rules. All applications for probate, letters of...

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Judiciary

Judicial appointments process guidance issued (16 May 2013) (NZ)

New Zealand Law Society

The Crown Law Office has released a booklet on its website, setting out the process which will apply to judicial appointments to the High Court, Court of Appeal and Supreme Court. In a foreword, Attorney-General Christopher Finlayson QC says in recognition of the importance of the selection of...

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Law Practitioners, Legal Services

Lawyers reminded of CPD start date (16 May 2013) (NZ)

New Zealand Law Society

The New Zealand Law Society has reminded lawyers that the introduction of mandatory Continuing Professional Development (CPD) will occur on 1 October 2013 for a transitional period of six months, and then from 1 April 2014 for the first full year. During the first full year, from 1 April 2014,...

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Criminal, Criminal Sentencing

Funding to extend restorative justice services (16 May 2013) (NZ)

New Zealand Law Society

The government is giving the Ministry of Justice $4.4 million in operating funding over two years to extend restorative justice services by an additional 2,400 conferences by 2014/15. This will bring the total number of restorative justice conferences to 3,600 each year. Read more

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Law Practitioners, Legal Services

Workload still a big issue for LCRO (17 May 2013) (NZ)

New Zealand Law Society

The Legal Complaints Review Officer (LCRO) says managing the office's increasing workload continues to be the main challenge, and there is an increasing urgency to address the issue. The Annual Report of the Legal Complaints Review Officer for the year to 30 June 2012 has been presented to...

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Employment, Law Practitioners

Survey reveals major wage hikes unlikely (14 May 2013) (AUS)

Lawyers Weekly

Less than half of the 218 firms surveyed in the 2013 Australian Legal Industry Salary Survey plan to offer pay rises higher than the consumer price index (CPI) next financial year. The survey, released today (May 14) by the Australasian Legal Practice Management Association (ALPMA), found 48...

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Banking and Finance, Commercial, Privacy

Deloitte Budget commentary (16 May 2013) (NZ)

Deloitte

Finance Minister Bill English has delivered Budget 2013 to the nation against the backdrop of improving economic conditions and growing business confidence. After five Budgets, including two successive "zero Budgets," how does Budget 2013 represent continuity and is the...

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Law Practitioners

Charles Fletcher suspended for two years (16 May 2013) (NZ)

New Zealand Law Society

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has suspended Hamilton lawyer Charles Fletcher from practising as a lawyer for a period of two years from 24 May 2013. Mr Fletcher had pleaded guilty to a charge of professional misconduct which was brought by the New Zealand Law...

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Judiciary

Verdict on juries: placing blind trust in them helps no one (15 May 2013) (UK)

guardian.co.uk

Almost a quarter of jurors in England and Wales currently misunderstand the restrictions on internet use during a trial, according to research just published. A significant number, 16%, wrongly believe they are not even allowed to check their emails while they are on jury service. On the other...

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Constitutional

MMP changes impossible without agreement (15 May 2013) (NZ)

beehive.govt.nz

Justice Minister Judith Collins says the fact that political parties cannot agree makes it impossible to make any changes to our MMP voting system. “Opposition parties have said the Government is deliberately ignoring the recommendations of the Electoral Commission. This is simply not...

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Environment

Government appoints Fiordland Marine Guardians (15 May 2013) (NZ)

beehive.govt.nz

Environment Minister Amy Adams today announced the appointment of two new Fiordland Marine Guardians and the reappointment of five existing Guardians. “I am pleased to announce the appointment of Rebecca McLeod and Jonathan Clow. Their wealth of experience in the environmental science...

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Commercial

Updated Budget 2013 app goes interactive (14 May 2013) (NZ)

beehive.govt.nz

The Government will launch an update of its Budget app for smartphones and tablets on Thursday with interactive features that allow users to see how much tax they pay and how their tax dollars are spent, Finance Minister Bill English says. “This is a refresh of the Budget app which was...

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Commercial, Competition

Select Committee reports back on Cartels Bill (14 May 2013) (NZ)

beehive.govt.nz

Commerce Minister Craig Foss today welcomed the Commerce Select Committee report on a Bill to encourage pro-competitive collaboration. The Commerce (Cartels and Other Matters) Amendment Bill promotes economic growth by enabling pro-competitive collaboration between firms, while also deterring...

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Banking and Finance, Commercial, International, Taxation

Govt to minimise FATCA business costs (14 May 2013) (NZ)

beehive.govt.nz

The Government is aware of financial institutions’ compliance concerns about the FATCA tax information exchange agreement being negotiated with the United States and is looking at options to help alleviate some of these concerns, Revenue Minister Peter Dunne said today. FATCA – the...

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Trusts

Supreme Court ruling on trustee mistakes "likely to create uncertainty", says expert (10 May 2013) (UK)

Out-Law.com

A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is "likely to create uncertainty" due to the subjective nature of the test, an expert has said. Tax expert Chris Thomas of Pinsent Masons, the law firm behind Out-Law.com, was...

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Commercial, Competition, Criminal

Cartel amendment bill passage recommended (14 May 2013) (NZ)

New Zealand Law Society

Parliament's Commerce Committee has released its report on the Commerce (Cartels and Other Matters) Amendment Bill with a recommendation that it be passed with amendments. The bill amends the Commerce Act 1986 to allow pro-competitive collaboration between firms, while also deterring...

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Law Practitioners

Hugh Edward Staples Hamilton struck off (14 May 2013) (NZ)

New Zealand Law Society

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has ordered that Hugh Edward Staples Hamilton be struck off the roll of barristers and solicitors. Mr Hamilton has not held a legal practising certificate from mid-2011 and has therefore not practised as a lawyer since. The New...

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Building, Leaky Building, Local Government, Property

Bill may yet top $13m (14 May 2013) (NZ)

Otago Daily Times

The Queenstown Lakes District Council's bill for leaky homes has topped $3.6 million, but the council still faces more claims that could add significant sums to the total, new figures show. The spending was confirmed by QLDC staff following an official information request by the Otago Daily...

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Local Government, Property

Property chiefs outline plan concerns (14 May 2013) (NZ)

New Zealand Herald

Landowners having to pay the council a share of profits on rezoned properties and developers being forced to build affordable housing are two proposals in the Unitary Plan worrying property chiefs. The Property Council has come out in support of the Auckland Council document, backing the...

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Criminal Sentencing

Run-away millionaire appeals jail term (13 May 2013) (NZ)

Stuff.co.nz

Run-away millionaire Hui "Leo" Gao has appealed his prison sentence arguing that his culpability was lower because his offending was opportunistic and he was simply "making the most of a bank error". Gao, 32, spent more than two years on the run with former Blenheim woman...

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Law Practitioners, Legal Services

Legal price comparison websites “begin to sign up” to good practice standards (10 May 2013) (UK)

Legal Futures

Five legal price comparison websites have signed up to good practice standards issued by two regulators and the Legal Services Consumer Panel (LSCP) – although they are to remain voluntary, with no external validation. The Solicitors Regulation Authority (SRA) and the Council for...

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Law Practitioners, Legal Services

‘Don’t ditch quality,’ says Desmond Hudson (13 May 2013) (UK)

Law Society Gazette

Law Society chief executive Desmond Hudson has warned firms to avoid a ‘race to the bottom’ as they seek to survive and prosper in a tough market. Speaking at the Society’s Law Management Section annual conference, Hudson urged practitioners not to be tempted to compromise on...

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Environment, Judiciary

Environment Court Appointments Announced (13 May 2013) (NZ)

beehive.govt.nz

Attorney-General Christopher Finlayson today announced the appointment of Jim Hodges and Eileen von Dadelszen as Commissioners of the Environment Court, John Illingsworth as a Deputy Commissioner and the reappointment of David Bunting and Russell Howie as Commissioners, each for a five year term....

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Bill of Rights, Privacy, Technology

First Reading: Telecommunications (Interception Capability and Security) Amendment Bill (8 May 2013) (NZ)

beehive.govt.nz

I move, that the Telecommunications (Interception Capability and Security) Amendment Bill be now read a first time. At the appropriate time I intend to move that the Bill be considered by the Law and Order Committee, and that the committee present its final report on or before 20 September...

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Criminal Sentencing

Ministers accused of dismantling probation service (9 May 2013) (UK)

The Guardian

Probation chiefs have accused the justice secretary, Chris Grayling, of dismantling the probation service as he confirmed that the public sector would be barred from bidding for the payment-by-results contracts to provide his radical rehabilitation plan for prisoners leaving jail. Grayling is...

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Bill of Rights, Legal Services

Legal aid cuts risks damaging civilised society, warns senor judge (9 May 2013) (UK)

The Telegraph

Lord Neuberger, the President of the Supreme Court, said any citizen should be able to take a case to court no matter how small it may be. But changes in the legal aid system meant some will be “prevented or seriously disadvantaged” from doing so, he warned. However, the senior...

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Criminal

Attorneys General support prosecutions of rape in conflicts (9 May 2013) (UK)

gov.uk

The Attorneys General of Canada, Australia, the United States, New Zealand and England and Wales have resolved to work together more closely to fight sexual violence against women and children at yesterday’s annual Quintet meeting of Attorneys General in Auckland. The Attorneys General...

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Local Government, Property

Deal brings land opening closer (10 April 2013) (NZ)

New Zealand Herald

Government and council reach understanding over aspects of Unitary Plan Auckland Council and the Government have struck a deal to fast-track plans to free up land for residential department. Prime Minister John Key, Mayor Len Brown and Housing Minister Nick Smith will announce the...

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Bill of Rights, Privacy

Editorial: More checks needed on spy powers (8 May 2013) (NZ)

New Zealand Herald

The 2004 Telecommunications (Interception, Capability and Security) Act was strongly criticised when it made its way through Parliament. Keith Locke, then a Green MP, said it gave security agencies a dangerously high level of power to intrude into the lives of New Zealanders. Others worried that...

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Animals, Environment, Judicial Review

Dunne welcomes High Court heli-hunting ruling (8 May 2013)

beehive.govt.nz

Associate Conservation Minister Peter Dunne has welcomed a High Court judgement dismissing a claim that he was biased in his approach to heli-hunting. “While no Minister ever wants a judicial review of their decisions, I was always confident that the integrity and reasonableness of the...

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Animals

Animal Welfare Amendment Bill introduced (8 May 2013) (NZ)

beehive.govt.nz

Minister for Primary Industries Nathan Guy has introduced a Bill to Parliament today to update and strengthen animal welfare in New Zealand. “The Bill will allow us to create enforceable regulations that set out how farm and domestic animals should be treated. It also gives wider powers...

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Trusts

Bill to protect Public Trust introduced (8 May 2013) (NZ)

beehive.govt.nz

Justice Minister Judith Collins today introduced to Parliament a bill to shield the Public Trust from wearing the costs of having to step in to replace the trustees of failed finance companies. Ms Collins says an out-dated ‘last resort’ rule in the Trustee Act (1956) means the...

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Law Practitioners

DLA Piper hires $3m cruise ship for partner meeting (3 May 2013) (UK)

thelawyer.com

DLA Piper is understood to have paid $3.1m (£2m) to hire a cruise liner to play host to its partner meeting in May, with partners set to bond over a four-night Mediterranean cruise due to set sail from Barcelona. The plan, as reported by the Washingtonian, is to hold this year’s partner...

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