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Judiciary

Legal fraternity mourns 'outstanding' judge (24 May 2013) (NZ)

NZ Herald

The legal fraternity will gather in Auckland next Monday to farewell Supreme Court judge Robert Chambers, who died suddenly in his sleep this week. Justice Chambers' funeral will be held at the Auckland Town Hall and is expected to be attended by a large number of fellow judges and lawyers....

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Law Practitioners, Legal Services

Demand for law service skyrockets (24 May 2013) (NZ)

Otago Daily Times

Post-earthquake demand for free legal service at Community Law Canterbury has skyrocketed, making the legal centre the biggest of its kind in the country. The Canterbury University law school has a close relationship with the Community Law Centre, with about 100 students volunteering for the...

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Health

Dunne speeds up legal highs Bill (24 May 2013) (NZ)

Otago Daily Times

Politicians are set to fast-track a Bill to clamp down on the sale of legal highs following increased public concern about synthetic cannabis. Yesterday, Associate Health Minister Peter Dunne said he would push the Psychoactive Substances Bill through Parliament, with the aim of having...

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Criminal, Criminal Evidence

Juror's Online Research Forces New Trial (24 May 2013) (USA)

The Recorder

Jurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges. This week, the California Court of Appeal tackled a worst-case scenario -- a juror who located a prior appellate opinion about a case, chock-full of...

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Health

Abuse claims at 'seriously dysfunctional' care home (24 May 2013) (NZ)

Stuff.co.nz

A patient was allegedly forced to kneel for hours in a garage with his nose against the wall at a ''seriously dysfunctional'' residence for the intellectually disabled. The man also complained that he was kicked, beaten and videotaped by staff, who an inquiry later found were abusing and...

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Local Government, Resource Management

Unitary Plan: Potential conflicts loom on road ahead (22 May 2013) (NZ)

NZ Herald

A plan to change Aucklanders' way of life through intensification is coming under attack as people wake up to the implications for their neighbourhoods. Bernard Orsman looks at the flashpoints. Height is at the top of many people's minds with the Unitary Plan. Whether it's walls of...

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Criminal

Raids report offers lessons for the future (23 May 2013) (NZ)

NZ Herald

Five and a half years after the Urewera raids, the Independent Police Conduct Authority has issued a report that is surely the last verdict on that strange operation. The authority has found "the police were entitled, on the information they had, to view the threat posed as real and...

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Local Government, Resource Management

Minister and council not quite in accord on law (23 April 2013) (NZ)

NZ Herald

Auckland Council and Housing Minister Nick Smith still can't agree on legislation to give effect to their accord of two weeks ago to fast-track consents for 39,000 new houses. Dr Smith, in the city yesterday to open two new houses for West Auckland charity VisionWest, said he had spoken to...

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Commercial, Fair Trading

Shill bidding costs car company more than $165,000 (23 April 2013) (NZ)

Commerce Commission

An Auckland-based car company has been sentenced today in the Auckland District Court on 13 charges under the Fair Trading Act. The Auto Co (Millenium) Ltd has been fined $42,000 plus court costs of $1727.57 after pleading guilty to misleading consumers about the price of vehicles auctioned on...

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Banking and Finance

Financial reporting rationalisation closer (22 May 2013) (NZ)

New Zealand Law Society

Parliament's Commerce Committee has released its report on the Financial Reporting Bill with a recommendation that it be passed with amendments. The bill would replace the Financial Reporting Act 1993 and amend another 80 other Acts, some substantially. Its intention is to rationalise...

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Criminal, Criminal Procedure, Law Practitioners, Legal Services

Crown Solicitors Regulations revocation supported (22 May 2013) (NZ)

New Zealand Law Society

Deputy Solicitor-General Cameron Mander has released a regulatory impact statement on revocation of the Crown Solicitors Regulations 1994. The statement concludes that the Regulations may be revoked "as they are unnecessary and a hamper to the Solicitor-General's functions in the...

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Competition

Commerce Commission sees adjudication role expansion (22 May 2013) (NZ)

New Zealand Law Society

The Commerce Commission says its adjudication role will expand when the collaborative activity clearance regime is introduced as part of the amendments to the Commerce Act 1986. However, in its Statement of Intent for the period 1 July 2013 to 30 June 2016, the Commission says it cannot...

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Law Practitioners, Legal Services

Crown Law to move national office (22 May 2013) (NZ)

New Zealand Law Society

Crown Law will be moving its Wellington national office during 2013, with the objective of reducing its property footprint and making financial savings. In its Statement of Intent 2013-2016, Crown Law says the introduction of new ways of working will be associated with the move. This will be...

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Intellectual Property

Interflora wins trademark case against Marks & Spencer (21 May 2013) (UK)

guardian.co.uk

Marks and Spencer has lost a five-year legal battle with Interflora after it bought advertising space tied to Google searches for the flower delivery network's name. Mr Justice Arnold at the high court in London ruled that M&S's use of the Interflora trademark to advertise its flowers and...

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Judiciary

Statement on the loss of Honourable Justice Robert Chambers - Minister of Justice (22 May 2013) (NZ)

Press Release: New Zealand Government

Justice Minister Judith Collins has expressed her sadness at the sudden loss of Supreme Court Judge, the Honourable Justice Robert Chambers. “I am extremely sad to learn of the sudden death of Justice Robert Chambers. “He was renowned across the profession as one of New...

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Judiciary

Supreme Court judge dies (22 May 2013) (NZ)

stuff.co.nz

Supreme Court judge Robert Chambers has died. Justice Chambers died in his sleep at his Wellington home last night, aged 59. Chief Justice Dame Sian Elias said she was deeply shocked at the death of her Supreme Court colleague. "Robert Chambers was a dear friend and colleague, and a...

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Civil Procedure, Criminal Procedure, Judiciary, Legal Services

New Customer Service Centre for Christchurch (22 May 2013) (NZ)

beehive.govt.nz

Justice Minister Judith Collins today opened a new multi-jurisdictional Customer Service Centre and marked the returning of full registry services to the District and High Courts in central Christchurch. The new centre in Durham Street provides a one-stop-shop for the Ministry of Justice, and...

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Banking and Finance, Commercial, Company

Select Committee reports back on Financial Reporting Bill (22 May 2013) (NZ)

beehive.govt.nz

Commerce Minister Craig Foss has welcomed the Commerce Select Committee report on a bill to cut the financial reporting burden for smaller companies. The Financial Reporting Bill removes the requirement for smaller companies to produce complex financial statements. It allows shareholders of...

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Building, Local Government, Resource Management

Richard Burton: Careful planning needed on apartments (21 May 2013) (NZ)

New Zealand Herald

Apartments have their place, but more planning care - with community say - is needed. Meetings involving hundreds of residents have been united in opposing the council's proposals on apartments. The draft Auckland Unitary Plan proposes a fundamental change to the urban fabric of Auckland....

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Employment, Law Practitioners

Solicitor overlooked for job after becoming pregnant wins discrimination case (19 May 2013) (UK)

The Telegraph

A trainee solicitor who was refused a permanent job after she became pregnant has won her discrimination case against a City law firm. Katie Tantum, 33, is now in line for compensation after an employment tribunal ruled law firm Travers Smith treated her unfairly. Miss Tantum, the daughter...

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Health, Human Rights, Social Security

Key backs changes to carer's law (21 May 2013) (NZ)

New Zealand Herald

Prime Minister John Key has defended the urgent passing of controversial legislation which restricted who could be paid for caring for disabled family members, saying that the Government faced further legal action if the law was not changed. The legislation has been slammed as rushed,...

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Law Practitioners, Legal Services

Ministry wants more senior legal aid lawyers (22 May 2013) (NZ)

New Zealand Law Society

The Ministry of Justice is to review its administrative processes for approving legal aid providers over the coming year. The ministry says it will implement "an improved monitoring and quality assurance framework" which is aimed at encouraging more senior lawyers to participate in...

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Property

Claws are out in luxury CBD tower (21 May 2013) (NZ)

New Zealand Herald

Power struggle between Metropolis body corporate and Concerned Owners Group over issues such as pets. Owners of apartments in Auckland's five-star Metropolis tower are pitted against one another in battles which have ranged from cat-keeping to who sits on the body corporate. Read more

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Building, Property

Advisory Service helping property owners (20 May 2013) (NZ)

beehive.govt.nz

Almost 50 appointments with independent advisors have been made for property owners facing rebuild and repair difficulties through the new Residential Advisory Service, Canterbury Earthquake Recovery Minister Gerry Brownlee says. Launched last week the Residential Advisory Service is for...

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Intellectual Property

Pinsent Masons wins trademark dispute for Interflora against M&S (21 May 2013) (UK)

The Lawyer

Mark & Spencer has lost a long-running trademark battle with Interflora after the High Court ruled that the retailer had infringed Interflora’s trademark. The ruling brings to an end a case that began in 2008 and signals a win for Pinsent Masons partner Iain Connor who instructed 11...

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Bill of Rights, Human Rights, Law Practitioners, Legal Services

Mass meeting of barristers takes a stand on QASA (20 May 2013) (UK)

Law Society Gazette

The largest of the six bar circuits has voted to boycott the Quality Assurance Scheme for Advocates – which the circuit leader vowed ‘will be defeated’. At a ‘unique’ meeting attended by some 400 barristers in London on Saturday, Sarah Forshaw QC, leader of the...

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Company, Competition

SkyCity Entertainment seeks clearance to acquire Otago Casinos (21 May 2013) (NZ)

Commerce Commission

The Commerce Commission has received an application from SkyCity Entertainment Group Limited (SkyCity) seeking clearance to acquire 100% of the shares in Otago Casinos Limited. SkyCity is a New Zealand based company listed on both the New Zealand and Australian stock exchanges. It operates...

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Bill of Rights, Criminal, Human Rights

Poor will suffer from court fee changes, MoJ warned (21 May 2013) (UK)

Law Society Gazette

Government plans to means-test waivers for civil court or tribunal fees could impact the most deprived and vulnerable sections of society, the Civil Justice Council has warned. The advisory group of judges, academics and lawyers, chaired by the master of the rolls, said there were ‘many...

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Environment, Local Government, Resource Management

Vision of fear for city's heritage (21 May 2013) (NZ)

NZ Herald

Auckland's heritage character is under threat from apartments in half of residential Auckland, says the Character Coalition. The group, comprising 58 heritage and community groups, has commissioned images to show the impact of small and high-rise apartments on the city's built heritage....

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Bill of Rights, Criminal

Urewera dawn raids: IPCA report to be released today (22 May 2013) (NZ)

NZ Herald

The Independent Police Conduct Authority will release its report today into the behaviour of police in the Urewera dawn raids. During the police operation in October 2007, 18 people were arrested in the Bay of Plenty, Auckland and Wellington. The Crown said those arrested were involved in...

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International, Privacy

US wants to continue information sharing with NZ (22 May 2013) (NZ)

NZ Herald

The United States wants to continue a criminal data matching scheme for assessing risks of threats that it began with New Zealand in advance of the Rugby World Cup. There was surprisingly little routine information sharing, said Alan Bersin, the Department of Homeland Security's assistance...

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Employment

I'm too sexy for my job ... and working's not for me, says Brit (NZ)

NZ Herald

British woman Laura Fernee says she is too attractive to work and has been unemployed for the last two years because of the "massive problems" her good looks cause at work. Ms Fernee, a 33-year-old brunette, told the Daily Mail she was forced to quit her last job at a medical...

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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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