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Law Practitioners

Tricks of the Trade - Civil (16 May 2012) (NZ)

New Zealand Bar Association

The New Zealand Bar Association is offering a seminar in civil litigation next Tuesday, 22 May 2012. The Association says the seminar will be of interest to litigators at any level and will cover advocacy in the civil context from the perspective of the Bench, Bar and experts. Speakers include...

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Competition

Commission finds Igloo joint venture unlikely to lessen competition in pay TV market (16 May 2012) (NZ)

Commerce Commission

The Commerce Commission has completed its investigation into the joint venture between Television New Zealand Limited (TVNZ) and Sky Network Television Limited (Sky) finding the pay TV market will not be less competitive as a result of the venture. In November 2011, TVNZ entered into a joint...

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Employment

Improvements to employment law announced (14 May 2012) (NZ)

Beehive.govt.nz

Labour Minister Kate Wilkinson has announced a package of measures that will extend workers’ rights to request flexible working hours and ensure a fair and flexible collective bargaining environment. The changes include: A return to the original position in the...

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Human Rights

Effort to ban Tintin comic book fails in Belgium (14 May 2012) (EU)

guardian.co.uk

Tintin's adventures in the Belgium courts have ended in freedom for Tintin and disappointment for a man who sought to ban the continued publication, distribution and sale of the books. A Congolese national had sought the injunction on the grounds that the publications banned Belgium's anti racism...

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Law Practitioners

CLANZ In-House lawyer awards announced (15 May 2012) (NZ)

New Zealand Law Society

Four outstanding members of the in-house legal profession were acknowledged at the 25th annual CLANZ conference in Queenstown on 11 May 2012. CLANZ, the in-house section of the New Zealand Law Society, awarded prizes for top in-house lawyers in the private, public, community and youth...

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Bill of Rights, Criminal Procedure

Proposed trial process reforms could erode an accused’s rights (10 May 2012) (NZ)

NZ Law Society

The New Zealand Law Society is concerned that proposed reforms in the Law Commission’s issues paper, Alternative Pre-Trial and Trial Processes: Possible reforms, would erode an accused’s rights within the criminal justice process. The difficulty with any reform that promotes...

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Criminal, Media

Govt to take stand on cyber-bullying (11 May 2012) (NZ)

Beehive.govt.nz

Justice Minister Judith Collins has asked the Law Commission to fast-track its recommendations for reducing the harm caused by cyber-bullying. Ms Collins says the Government is extremely concerned about the growing incidence of this abhorrent bullying and the devastating effects it can have on...

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Commercial, Environment

NZ ETS on track says Government (11 May 2012) (NZ)

Beehive.govt.nz

New Zealand’s Emissions Trading Scheme (NZ ETS) is working well overall, says Climate Change Issues Minister Tim Groser. Speaking at the opening of a carbon sink forest in Marlborough owned by NZ Carbon Farming, Mr Groser says that the NZ ETS was creating the desired shift towards...

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Employment

Unions will need secret ballot before strikes under new bill (9 May 2012) (NZ)

New Zealand Herald

Unions will be legally bound to carry out a secret ballot to approve strikes after a bill sponsored by National MP Tau Henare was approved by one vote in Parliament. The private member's bill passed its third reading this evening with 61 votes in favour and 60 against. Mr Henare, a former...

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Intellectual Property, Technology

Oracle-Google trial: both sides win, or lose, in the first round (8 May 2012) (USA)

guardian.co.uk

The jury in the Oracle-Google trial was deadlocked on a key question: did Google's use of Java to build its Android mobile operating system amount to "fair use"? It decided that android does infringe on key Java copyrights, but disagreed on whether Google's actions could be said to be...

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Family

Divorce law: Mending v. Ending (6 May 2012) (UK)

guardian.co.uk

A family court Judge's crusade to shore up the institution of marriage is attracting criticism for its failure to address real issues. Sir Paul Coleridge feels that marriage breakdown has reached epidemic proportions and that people are too willing to abandon their commitments to each other....

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Human Rights, Law Practitioners

Sexism at the bar may still exist, but women barristers have come a long way (4 May 2012) (UK)

guardian.co.uk

A UK barrister who completed her pupillage in the 1980's was depressed to read an article that suggested that sexism was clearly still alive and well at the bar. However, the bar has come on by leaps and bounds since the 1980's. The number of women who achieve pupillage has increased...

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Family

Shared custody: why play happy families when it can be dangerous? (2 May 2012) (UK)

guardian.co.uk

The UK government is introducing legislation that would favour shared custody arrangements. It is likely to gain huge public support as it seems logical and fair, especially if it corrects an imbalance in a court system that unfairly rules against fathers. But, the problem is, there is no...

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Criminal, Transport

Review shows drug driving law working well (8 May 2012) (NZ)

Beehive.govt.nz

The current drug testing regime for drivers will not be changed, Associate Transport Minster Simon Bridges has announced following a Government review of the law. Mr Bridges says there is good evidence that the current regime is working well. “Over 500 drivers have tested positive for...

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Family

Child Support bill big step to fairer scheme (8 May 2012) (NZ)

Beehive.govt.nz

The Child Support Amendment Bill now before Parliament is the culmination of “the most major review of the Child Support scheme since its inception”, Revenue Minister Peter Dunne told Parliament at the Bill’s first reading today. He said issues of fairness had come to dog the...

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Immigration

NZ backs UN mission, extends refugee support (8 May 2012) (NZ)

Beehive.govt.nz

Foreign Affairs Minister Murray McCully today announced further support for international efforts in Syria, including an offer to deploy additional military observers. New Zealand has offered the UN’s Supervision Mission in Syria a team of five New Zealand Defence Force (NZDF) personnel....

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Resource Management

Govt welcomes Transmission Gully draft decision (4 May 2012) (NZ)

Beehive.govt.nz

Acting Transport Minister Steven Joyce today welcomed the draft approval of Transmission Gully by an independent Board of Inquiry under the Government’s national consenting process with the Environmental Protection Authority. “The Board of Inquiry's draft decision to approve the...

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Environment

Tougher penalties for gecko smugglers (4 May 2012) (NZ)

Beehive.govt.nz

Conservation Minister Kate Wilkinson has welcomed the conviction of an endangered gecko smuggler but says tougher penalties are needed. German visitor Andreas Hahn was sentenced to a four month jail term in the Christchurch District Court today after taking four endangered jewelled geckos from...

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Media, Privacy

Submissions on Law Commission's paper on regulation of the news media in the digital age (3 May 2012) (NZ)

Law Commission

The Commission received more than 70 formal submissions on its paper, "The News Media meets ‘new media’; rights, responsibilities and regulation in the digital age". Many more contributed through online discussions, including forums hosted on current affairs blog sites...

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Legal Services

Law Society secures more time for further input into new legal aid contracts (3 May 2012) (NZ)

New Zealand Law Society

The Ministry of Justice has agreed to hold a further round of good faith negotiations with the New Zealand Law Society to improve the workability of the new legal aid provider contract. Under the agreement, a new version will now need to be finalised by 8 June. Law Society President...

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Maori, Property

Policy paper may go outside powers in Act (3 May 2012) (NZ)

New Zealand Law Society

Parts of a policy proposal for regulations under the Marine and Coastal Area (Takutai Moana) Act 2011 might go beyond the scope of sections of the Act, according to the New Zealand Law Society. This view is expressed in the Law Society’s submission on the Ministry of Justice consultation...

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Legal Services

Complaint at short consultation time over legal aid forms (3 May 2012) (NZ)

New Zealand Law Society

The New Zealand Law Society has told the Ministry of Justice that it was not given enough time to look at Family and ACC legal aid fixed fee forms. In its comments to the ministry on the forms, the Law Society says an opportunity to comment is always appreciated, but this needs to occur within...

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Commercial

Government launches new share offers website (3 May 2012) (NZ)

Beehive.govt.nz

The Government has today launched a website to provide New Zealanders with information about the Government’s mixed ownership programme. State Owned Enterprises Minister Tony Ryall says the new website, www.governmentshareoffers.govt.nz, will give New Zealanders factual information about...

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Property

Government achieves fairer high country rents (3 May 2012) (NZ)

Beehive.govt.nz

Land Information Minister Maurice Williamson has welcomed Parliament’s passing of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act yesterday. “This Act is a significant reform of the way rents are charged on pastoral leases in the South Island high country and will...

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Criminal

Prisoner compensation restrictions continued (2 May 2012) (NZ)

Beehive.govt.nz

A Bill to extend the applicability of the Prisoners’ and Victims’ Claims Act 2005 for a further year passed its first reading in Parliament today. The Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill extends sunset clauses in the 2005...

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Human Rights, Immigration

Agreement signed to combat human trafficking in the Pacific (2 May 2012) (NZ)

Beehive.govt.nz

The New Zealand and the United States governments have signed an agreement to do all they can to stop human trafficking in the Pacific. The agreement was signed in Wellington by the Minister of Immigration, Nathan Guy, and the visiting Secretary of the US Department of Homeland Security, Janet...

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Building

Building Bill will bring consumer protection measures (2 May 2012) (NZ)

Beehive.govt.nz

Consumer protection measures for New Zealanders building or renovating their homes are closer after Building Amendment Bill (No 4) passed its first reading in Parliament yesterday. The Bill is the companion to the Building Amendment Act 2012 which came into force on 13 March 2012. It provides...

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Indigenous Rights, Maori, Property

Treaty settlements process: restorative justice in action (1 May 2012) (NZ)

Beehive.govt.nz

The Treaty of Waitangi settlements process is restorative justice in action says Māori Affairs Minister Pita Sharples. Speaking at the launch of JustSpeak’s paper on Māori and the Criminal Justice System, he recalled the recent settlement of five Treaty of Waitangi claims....

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Legal Services

Legal aid is (almost) dead (1 May 2012) (UK)

guardian.co.uk

After a long fight and a knife-edge vote in the Lords last week, the (UK) Legal Aid, Sentencing and Punishment of Offenders Bill (Laspo) was assented. A significant number of people will no longer qualify for legal aid. It is unlikely that the not for profit sector (including citizen's advice...

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Company

Phone-hacking report: what is 'wilful blindness'? (1 May 2012) (USA)

guardian.co.uk

UK MPs, inquiring into the phone hacking scandal, have levelled accusations of "wilful blindness" at the Murdochs and directors of their news companies. This is a damning finding at a time when News Corporation is facing an investigation under the US Foreign and Corrupt Practices Act....

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Intellectual Property

The Pirate Bay copyright crackdown is unsustainable (1 May 2012) (UK)

guardian.co.uk

A UK court has ordered the ISPs to block the Pirate Bay website using technology originally intended to block child pornography sites.The ruling places the cost of punishing the web site for its copyright infringements on the ISPs.and more crucially, the ban won't work.The site can easily be...

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Intellectual Property

Google-Oracle trial: jury begins copyright deliberations (1 May 2012) (USA)

guardian.co.uk

Did Google violate Oracle's copyright on parts of the Java programming language? Jurors began to deliberate on that question on 30 April 2012. Oracle, in its US$1 bn claim, alleges that Google's Android mobile platform violated its patents and copyright to Java. Google denies infringement,...

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Employment

The antisocial network: why Facebook abuse is a matter for employers (1 May 2012) (UK)

guardian.co.uk

A decision by an employee to post sexually offensive remarks about a co-worker on his Facebook page hascost him his job. Although the co-worker didn't see the content herself, she was told about it and a concerned colleague reported the incident. A tribunal in Belfast said that the Facebook posts...

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International

Imperialism didn't end. These days it's known as international law (30 April 2012) (UK)

guardian.co.uk

The conviction of the former president of Liberia sent two messages to world leaders: leaders of small, weak nations will be subject to the full force of international law; and leaders of powerful nations have nothing to fear. This is evident from the fact that no one has faced any legal...

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Family

You can't stop divorce, even if you are a family court judge (30 April 2012) (UK)

guardian.co.uk

A family court judge in the UK has launched a campaign to save marriage. Sir Paul Coleridge blames the divorce epidemic on Hollywood style marriages. He claims that his perspective as a judge allows him to see the truth of divorce. The problem with this is that he only sees a particular type of...

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Criminal Sentencing

Probation and parole: a study in criminal justice dysfunction (26 April 2012) (USA)

guardian.co.uk

Probation and parole are intended to be an alternative to incarceration. An overburdened system means that instead they simply act as a feeder system, according to a recent US report. Parole violators accounted for over a third of all prison admissions in 2005 and "half the US jail...

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Employment

Risky demolition practices results in fine (1 May 2012) (NZ)

Department of Labour

Owners of Wellington’s Settlement Building were fined $24,000 today after the employees of the demolition contractor they engaged were exposed to asbestos fibres and live electricity while working on the inner city site in January last year. The Wellington District Court heard that...

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Environment

Crown Minerals Act Schedule 4 procedural problems remain (1 May 2012) (NZ)

New Zealand Law Society

Legal difficulties with exercise of the power to remove land from Schedule 4 of the Crown Minerals Act 1991 should be addressed, the New Zealand Law Society says. The Law Society has released its comments on the Ministry of Economic Development’s Review of the Crown Minerals Act 1991...

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Liquor Licensing

Alcohol Bill drives change in NZ’s drinking culture (1 May 2012) (NZ)

Beehive.govt.nz

Changes to the Alcohol Reform Bill, set to return to Parliament for final consideration next month, aim to drive a change in our drinking culture, says Justice Minister Judith Collins. Ms Collins says the Bill contains a broad set of measures to reduce alcohol-related harm in our communities....

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Social Security, Taxation

IRD and MSD improve information sharing (1 May 2012) (NZ)

Beehive.govt.nz

Revenue Minister Peter Dunne and Associate Minister of Social Development Chester Borrows today announced the signing of an Order in Council to expand information sharing between Inland Revenue and the Ministry of Social Development. Mr Dunne described the order as a positive and welcome step...

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Banking and Finance

New auditor regulations in force (1 May 2012) (NZ)

Beehive.govt.nz

A transitional auditor licencing scheme was welcomed by Commerce Minister Craig Foss when it came into force today. “Trustworthy and transparent auditing is essential to creating a culture that encourages Kiwis to invest,” says Mr Foss. The Auditor Regulation Act establishes a...

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Banking and Finance, Commercial

Minister welcomes Law Commission report (30 April 2012) (NZ)

Beehive.govt.nz

Consumer Affairs Minister Simon Bridges has welcomed the Law Commission’s report on repossession laws. The Law Commission has recommended a range of changes to the Credit (Repossession) Act. It has also suggested incorporating changes to repossession law in the Government’s current...

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Immigration

New measures to deter people smugglers announced (30 April 2012) (NZ)

Beehive.govt.nz

Measures are being introduced to deter a mass arrival of potentially illegal migrants into New Zealand, Immigration Minister Nathan Guy has announced today. “An amendment to the Immigration Act introduced into Parliament today contains strong measures to deter people smuggling, making...

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Banking and Finance, Commercial

Loan shark law meetings start next week (27 April 2012) (NZ)

Beehive.govt.nz

Consumer Affairs Minister Simon Bridges will begin a series of meetings on Monday to discuss tougher loan shark laws. The Minister will meet with community and industry groups in Wellington on Monday, followed by meetings in Auckland and Christchurch on 7 May, to discuss the draft Credit...

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Civil Evidence, Criminal Evidence

Commencement of Review of the Evidence Act 2006 (23 April 2012) (NZ)

Law Commission

The Law Commission is seeking public input into its review of the Evidence Act 2006 – the law which governs what information can be put before the court in criminal and civil trials. A five yearly review of the Act is required by law, providing an opportunity for the public and...

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Banking and Finance, Company

FMA welcomes Petricevic sentencing (26 April 2012) (NZ)

Financial Markets Authority

The Financial Markets Authority today welcomed the High Court's sentencing of former Bridgecorp director Rodney Petricevic. CEO Sean Hughes said: "FMA welcomes this outcome and respects the Court's decision. It's notable that the sentence is at the higher end of the scale and reflects the...

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Commercial

Government to strengthen fiscal responsibility (26 April 2012) (NZ)

Beehive.govt.nz

The Government intends to strengthen the Public Finance Act so there are more checks and balances on ministers’ spending decisions and their long-term effects, Finance Minister Bill English says. “The fiscal responsibility provisions of the Public Finance Act, which include a high...

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Environment, Transport

National Airspace Policy released (26 April 2012) (NZ)

Beehive.govt.nz

Transport Minister Gerry Brownlee says a new national airspace policy will give the aviation industry clarity on future development and modernisation of the country’s airspace. “This updated policy will future proof the airspace and air navigation system to ensure the safe and...

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Banking and Finance

Court supports FMA adviser decision (24 April 2012) (NZ)

Financial Markets Authority

The Wellington District Court has dismissed an appeal by Sean Wood against a Financial Markets Authority decision to decline his application for authorisation as an Authorised Financial Adviser (AFA). Mr Wood's application was declined by FMA on 21 October 2011 after he failed to disclose...

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Intellectual Property

Weet-Bix war could leave sour taste (25 April 2012) (NZ)

New Zealand Herald

Food manufacturing giant Sanitarium risks tarnishing its brand image through its dispute with a South Island shopkeeper whose store stocks the British equivalent of Weet-Bix, a branding expert says. Representatives of the firm this month visited English Bob's Emporium in Richmond, near Nelson,...

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