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Legal Services

Litigation funding: joining the party (29 November 2012) (UK)

Law Society Gazette

A few years ago, most solicitors would have had no notion of what third-party funding (TPF) was, and even fewer would have cared. But as banks become ever more reluctant to lend to law firms – and civil litigators begin turning their minds to how they will finance contingency fee...

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Legal Services

No legal aid cuts for social welfare appeals (4 December 2012) (UK)

Law Society Gazette

The government suffered a rare ‘fatal defeat’ in the House of Lords last night on a regulation that would have denied legal help to people appealing welfare benefits on a point of law in first-tier tribunals. It also agreed to amend a regulation which opponents argued would have...

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Privacy

Australian privacy commissioner calls for mandatory data breach notification (5 December 2012) (AUS)

Computerworld

The Australian privacy commissioner and a consumer group supported mandatory data breach notifications, in comments submitted today to the Attorney General. Last week, the Australian Parliament passed a bill containing several amendments to privacy law. Among other things, the law gives...

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Intellectual Property, Technology

NZ registers no objections to new domain names (5 December 2012) (NZ)

Computerworld

New Zealand’s representative on the Governmental Advisory Committee to internet body ICANN has conveyed no specific objection to proposals for new generic top-level domain names. This is a marked contrast to Australia, which has registered 129 “early warning” objections to...

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Customs

Tariff and rules of origin functions move to Customs (30 November 2012) (NZ)

Ministry of Economic Development

Tariff implementation and concessions and rules of origin (ROO) policy functions are transferring from the Ministry of Business, Innovation and Employment (MBIE) to New Zealand Customs Service (Customs) next month. From 1 December, Customs will begin to accept tariff concession applications...

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Environment, Resource Management

Submission on the proposed regulations restricting the use of certain international units in the New Zealand Emissions Trading Scheme (30 November 2012) (NZ)

Commissioner for the Environment

The Emissions Trading Scheme is the main policy mechanism the Government has to combat climate change. Over a number of years the effectiveness of the legislation has been repeatedly weakened, most recently by the Climate Change Response (Emissions Trading and Other Matters) Amendment Act...

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Environment, Resource Management

Submission on the Resource Management (Restricted Duration of Certain Discharge and Coastal Permits) Amendment Bill (29 November 2012) (NZ)

Commissioner for the Environment

Concern about declining water quality is widespread in New Zealand. While the causes are many and varied, there are improvements which can be made to the system that will help. As such, I am making this submission in support of the Bill. This Bill reinforces the ‘polluter pays’...

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Banking and Finance, Criminal

Whelan guilty of SFO charges (30 November 2012) (NZ)

Serious Fraud Office

Mark James Whelan has entered guilty pleas to 66 charges in the Auckland District Court today in relation to a Serious Fraud Office (SFO) investigation. The charges were laid in September 2011 for Mr Whelan's principal role in a scheme to defraud Dunedin-based vehicle finance company, Motor...

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Banking and Finance, Criminal

Court finds Michaels guilty in SFO case (30 November 2012) (NZ)

Serious Fraud Office

Loizos Michaels (45) was today found guilty in the Auckland District Court of Crimes Act charges laid by the Serious Fraud Office (SFO). After defending charges of obtaining by deception or causing loss by deception in an eight-week trial, Mr Michaels was found guilty of 30 charges by Judge...

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Banking and Finance, Criminal, Law Practitioners

Further charges laid in Belgrave Finance investigation (30 November 2012) (NZ)

Serious Fraud Office

An Acacia Bay man, Hugh Edward Staples Hamilton (61) has appeared at the Auckland District Court today charged with fraud following the 2008 collapse of Belgrave Finance Limited (Belgrave). As a result of a joint prosecution by the Serious Fraud Office (SFO) and the Financial Markets Authority...

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Banking and Finance, Criminal

SFO confirms investigation into American funds provider (29 November 2012) (NZ)

Serious Fraud Office

The Serious Fraud Office (SFO) has confirmed a formal investigation has been commenced into the New Zealand activities of United States based funds provider, Brockstar Group (Brockstar). Acting SFO Chief Executive, Simon McArley, confirmed that there is reason to suspect that an investigation...

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Banking and Finance, Criminal

Guilty plea confirms SFO charges halted further losses (28 November 2012) (NZ)

Serious Fraud Office

Jin Weifeng (28) has pleaded guilty in the Auckland District Court today to 11 charges laid by the Serious Fraud Office (SFO) under the Crimes Act and Secret Commissions Act. Mr Weifeng was facing charges of theft, dishonestly using a document and taking secret commissions. While working...

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Commercial, Competition, Infrastructure, Technology

Commission announces small reduction in wholesale price for Chorus’ local copper lines (3 December 2012) (NZ)

Commerce Commission

The Commerce Commission has today released its final decision on the wholesale price for access to Chorus’ unbundled copper local loop (UCLL). The new geographically averaged price is $23.52 per month per line and comes into effect on 1 December 2014. This change equates to a 3.85%...

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Competition, Infrastructure, Technology

Commission announces proposed wholesale price for broadband bitstream service (3 December 2012) (NZ)

Commerce Commission

The Commerce Commission has today released its draft decision on a new cost-based price for Chorus’ unbundled bitstream access (UBA) service. The proposed full UBA price is $32.45 per month per line and will come into effect on 1 December 2014. Until then, the cost of UBA will remain at...

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Commercial, Competition

Hamilton Radiology seeks clearance to acquire Medimaging (3 December 2012) (NZ)

Commerce Commission

The Commerce Commission has received an application from Hamilton Radiology Limited. The application relates to the formation of a joint venture between Hamilton Radiology, Midland MRI and Medimaging. The joint venture will acquire the radiology assets of Medimaging. Read more

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Competition, Fair Trading, Infrastructure, Technology

New pricing limits for 16 electricity distribution businesses (30 November 2012) (NZ)

Commerce Commission

The Commerce Commission has today released its final decision to reset the default price-quality paths for 16 electricity distributors. Two of the distributors will have to reduce their prices, while the remainder will be able to increase their prices if they choose. The new price limits will...

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Family, Judiciary

Family Court reform bill passes first reading (4 December 2012) (NZ)

beehive.govt.nz

A bill to modernise the family justice system and make it more accessible to those who need it most has passed its first reading in Parliament today. Associate Justice Minister Chester Borrows says the Family Court Proceedings Reform Bill is the first step towards addressing the serious...

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Commercial, Company, Technology

Callaghan Innovation Bill passes third reading (4 December 2012) (NZ)

beehive.govt.nz

The Callaghan Innovation Bill, which establishes a new high-tech HQ for manufacturing and services firms, today passed its third and final reading in Parliament. Science and Innovation Minister Steven Joyce says Callaghan Innovation will be a one-stop shop offering firms the business...

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Commercial, Company, International, Taxation

Dunne explains NZ’s tax approach to multinationals (4 December 2012) (NZ)

beehive.govt.nz

Tax systems around the world are adjusting to corporate giants with huge internet footprints, but very little physical presence, Revenue Minister Peter said today in addressing issues around the tax treatment of large multinational companies. “The reality is that tax regimes...

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Environment

Minister welcomes purchase of rare wetlands (4 December 2012) (NZ)

beehive.govt.nz

Conservation Minister Kate Wilkinson is pleased the purchase of 5.6 hectares of land on the Miranda coast off the Firth of Thames will create a new scenic reserve to protect the area's chenier plains. Chenier plains are a series of ridges made up of sand, shell or gravel. The Miranda chenier...

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Health, Health and Safety

Dunne: expert committee to set legal highs approval standards (4 December 2012) (NZ)

beehive.govt.nz

Associate Health Minister Peter Dunne today announced that he will establish an independent expert committee early next year to set the approval standards legal highs will need to meet. Mr Dunne said he had directed the Ministry of Health to develop a regulatory regime consistent with...

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Family Protection

Former Governor General leads Expert Group (4 December 2012) (NZ)

beehive.govt.nz

Social Development Minister Paula Bennett is delighted to announce that former Governor General the Rt Hon Sir Anand Satyanand will lead the Expert Advisory Group on Information Security. The Group will oversee implementation of the Vulnerable Kids Information System (ViKi) and new Risk...

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Legal Services

Minister opens Christchurch PDS (3 December 2012) (NZ)

beehive.govt.nz

The Christchurch Public Defence Service (PDS) office will be part of a high quality legal aid system, says Associate Justice Minister Chester Borrows. At the office’s official opening today, Mr Borrows said the PDS delivers quality defence services to some of the most vulnerable New...

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Animals, Health and Safety

Dunne rules out controversial animal drug test (3 December 2012) (NZ)

beehive.govt.nz

Associate Health Minister Peter Dunne has ruled out the controversial LD50 animal test as part of the pending psychoactive substances testing regime, and said no decisions have been made on whether animal testing will be needed at all. “And no decisions will be made without consultation...

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Banking and Finance, Commercial, Company, Fair Trading

Lowball share offer regulations in force (3 December 2012) (NZ)

beehive.govt.nz

Commerce Minister Craig Foss has welcomed new regulations to help rein in unsolicited share offers and protect shareholders. "Unsolicited or ‘low ball’ offers are a predatory tactic that damages the health and confidence of our capital markets," says Mr Foss. Lowball...

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Competition, Infrastructure, Technology

Government to consider Commerce Commission report (3 December 2012) (NZ)

beehive.govt.nz

The Government has today received the Commerce Commission's draft determination on pricing for the unbundled bitstream access (UBA) and a final determination on the unbundled copper local loop (UCLL), and will now take time to review these decisions. Communications and Information Technology...

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Social Security

Social Security Bill raises issues of discrimination against beneficiaries (30 November 2012) (NZ)

NZ Law Society

The New Zealand Bill of Rights Act guarantees that beneficiaries are not the subject of unjustified discrimination. The New Zealand Law Society has made a submission on the Social Security (Benefit Categories and Work Focus) Amendment Bill, noting that the Bill raises issues of discrimination...

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Local Government

Govt passes law to rein in council spending (30 November 2012) (NZ)

NZ Herald

Legislation the Government says will rein in local authority rates increases was passed yesterday amid Opposition criticism it was unjustified and would result in reduced services to communities. Local Government NZ warned the law risked leaving councils open to expensive legal challenges...

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International

NZ to support UN Palestinian Resolution (30 November 2012) (NZ)

beehive.govt.nz

Foreign Minister Murray McCully has confirmed that New Zealand will vote in favour of the resolution on the status of Palestine, due to go before the United Nations General Assembly this morning. But the Minister says a UN resolution is “a poor substitute for direct negotiations between the...

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Local Government

Local Government reform bill passes third reading (29 November 2012) (NZ)

beehive.govt.nz

A bill implementing a programme to lift the performance and efficiency of local government has passed its third and final reading in Parliament. Local Government Minister David Carter says the Local Government Act 2002 Amendment Bill is an important milestone in progressing major reform of New...

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Banking and Finance, Infrastructure, Social Security

Legislative milestone for public service reform (29 November 2012) (NZ)

beehive.govt.nz

The State Sector and Public Finance Reform Bill concluded its first reading debate in Parliament this afternoon, says State Services Minister Jonathan Coleman. “This omnibus bill is one of the initiatives by the government as part of its Better Public Services reforms,” said Dr...

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Judiciary

Investment in court safety produces big gains (29 November 2012) (NZ)

beehive.govt.nz

Investment by the Government to improve court safety has resulted in significant improvements, Courts Minister Chester Borrows announced today. Between 2009/10 and 2011/12, security incidents in courts have fallen by 35 per cent, with serious incidents down 63 per cent. “Those who go...

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Construction, Judicial Review

Government receives final part of Canterbury earthquakes report from Royal Commission (29 November 2012) (NZ)

beehive.govt.nz

The government has received the third and final part (comprising volumes 5 to 7) of the report of the Royal Commission of Inquiry into Building Failure Caused by Canterbury Earthquakes, Attorney-General Christopher Finlayson announced today. Ministers will now consider the third part of the...

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Banking and Finance, Company

Financial Reporting Bill passes first reading (28 November 2012) (NZ)

beehive.govt.nz

A Bill that removes the requirement for smaller companies to produce complex financial statements has passed its first reading in Parliament. The Financial Reporting Bill allows shareholders of small and medium sized companies to decide whether the company must prepare financial statements...

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Employment

Providing Regulatory Clarity and Protections against Known Risks (3 October 2012) (NZ)

US Environmental Protection Agency

Although the national study should enhance our scientific knowledge, some concerns associated with overall natural gas and shale gas extraction, including hydraulic fracturing, are already well known. These operations can result in a number of potential impacts to the environment, including:...

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Environment

How fracking caused earthquakes in the UK (2 November 2011) (UK)

New Scientist

Whilst this article was published in 2011 in the UK, it holds relevance to fracking reports in New Zealand (November 2012) In April and May 20011, two small earthquakes struck the UK near the town of Blackpool. Suspicion immediately fell on hydraulic fracturing, known as fracking – a...

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Environment

'Fracking' safe with strong regulation, report says (28 June 2012) (UK)

BBC News

A gas extraction method which triggered two earth tremors near Blackpool last year should not cause earthquakes or contaminate water but rules governing it will need tightening, experts say. "Fracking" involves pumping water and chemicals into shale rock at pressure. The joint...

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Civil Procedure, Constitutional, Judiciary

Law Commission releases Report on the Review of the Judicature Act 1908 (27 November 2012) (NZ)

Law Commission

The Law Commission has released its Report on the Review of the Judicature Act 1908 and Consolidation of Courts Legislation. The Commission is recommending that Parliament reform the laws governing New Zealand’s courts in order to make them more accessible and intelligible to the public....

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Great Opportunities to Lift Profitability in Small Law Firms (28 November 2012) (NZ)

Lawfuel.co.nz

Issues relating to profitability and marketing are particularly important for small law firms. In this Lawfuel article, consultant Colin Ritchie looks at opportunities for small firms to raise profitability in a tough market, He considers practice management improvements such as getting pricing...

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Technology

Are lawyers an easy target for hackers? (24 November 2012) (UK)

Law Society Gazette

At the Solicitors Regulation Authority’s conference for international legal regulators earlier this autumn, one of the most interesting sessions dealt with the ‘hot topics’ currently bothering regulators across the globe. There was quite a range: bullying within the...

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Family

Yasser Arafat's exhumation: a short history of digging up bodies (27 November 2012) (UK)

guardian.co.uk

Swiss Russian and French scientists habe taken samples from Yasser Arafat's body in an attempt to assess whether he had been poisoned with with radioactive polonium-210. Only a Palestinian doctor was allowed to touch his body and the exhumation had received the blessing of his family. But...

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Defamation, Media, Technology

Lord McAlpine and the high cost of tweeting gossip (27 November 2012) (UK)

guardian.co.uk

We can expect Twitter to be at the forefront of libel litigation in the future. Recent events overseas have shown the dangers in this form of communication. In the UK, 20 high profile tweeters recently libelled a prominent Tory politician and were forced to pay considerable compensation. The...

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Environment, Resource Management

No to fracking ban in Hawke's Bay (28 November 2012) (NZ)

Hawke's Bay Today

Fracking could contaminate underground aquifers, like the one under the Heretaunga Plains, but a report into the controversial oil and gas drilling technique found no reason to put a moratorium on the practice in New Zealand. Parliamentary Commissioner for the Environment Dr Jan Wright...

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Criminal, Judiciary

Irish Judge convicted of defrauding pensioner (23 November 2012) (UK)

rollonfriday.com

A Dublin District Court Judge has been found guilty of conning a pensioner into leaving his estate to her family. Back in 2009, when Heather Perrin was a solicitor, her family friend Thomas Davis asked her to draft his will. He generously included Perrin's children as beneficiaries to the tune...

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Environment, Resource Management

Government welcomes report on fracking (27 November 2012) (NZ)

beehive.govt.nz

Energy and Resources Minister Phil Heatley and Environment Minister Amy Adams have welcomed the Parliamentary Commissioner for the Environment’s interim report on her investigation into hydraulic fracturing (fracking). The interim report finds that the environmental risks associated with...

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Family, Family Protection

Family Court reform set to begin (27 November 2012) (NZ)

beehive.govt.nz

Justice Minister Judith Collins has today introduced legislation to Parliament to modernise the family justice system and make it more accessible to those who need it most. Ms Collins says the Family Court Proceedings Reform Bill is the first important step to creating a modern and accessible...

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Judiciary

Minister welcomes Judicature Act review (27 November 2012) (NZ)

beehive.govt.nz

Justice Minister Judith Collins today tabled in Parliament the Law Commission’s report Review of the Judicature Act 1908: Towards a New Courts Act. The Judicature Act forms part of New Zealand’s constitution and is one of the oldest pieces of legislation on our statute books. It...

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Employment, Health and Safety

Changes to CMA Bill reflect Pike River report (27 November 2012) (NZ)

beehive.govt.nz

Cabinet has approved further changes to the Crown Minerals (Permitting and Crown Land) Bill currently before the Commerce Committee, Energy and Resources Minister Phil Heatley says. A Supplementary Order Paper recommends changes to current legislation to strengthen the Bill in light of the...

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Employment, Health and Safety

Health and safety a priority in oil and gas production (28 November 2012) (NZ)

beehive.govt.nz

New regulations will ensure that health and safety is a priority in the growing petroleum exploration and extraction industry, Acting Minister of Labour Christopher Finlayson announced today. New regulations are being introduced to strengthen management of oil wells over the whole life of the...

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Commercial, Company

Creating a one-stop shop for Kiwi businesses (27 November 2012) (NZ)

beehive.govt.nz

Fledgling New Zealand businesses will be able to secure their company name, domain name and trade mark from one search with a new product launched today by the Ministry of Business, Innovation and Employment, Economic Development Minister Steven Joyce says. ONECheck is an online search tool...

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