News
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Urwin to appeal prison sentence (25 April 2012) (NZ)
New Zealand Herald
Former Bridgecorp director Gary Urwin, whose legal bills so far have cost the taxpayer tens of thousands of dollars, will appeal his two-year prison sentence. Urwin was sentenced in the High Court at Auckland last week on charges of misleading investors. His lawyer, David Reece, pushed for...
Commercial
New Ministry of Business, Innovation and Employment to proceed from 1 July (24 April 2012) (NZ)
Beehive.govt.nz
The Government has today confirmed its plans to establish the new Ministry of Business, Innovation and Employment on 1 July this year. The Ministry will bring together the existing functions of the Ministry of Economic Development, Ministry of Science and Innovation, Department of Labour and...
Charities
Discussion paper on registered charities released (23 April 2012) (NZ)
Beehive.govt.nz
Commerce Minister, Craig Foss has released a discussion paper calling for higher levels of transparency and accountability from New Zealand’s largest charities. “Charities in New Zealand do excellent work. Most are staffed with volunteers and deserve the donations they...
Transport
Proposed changes to agricultural vehicle rules (24 April 2012) (NZ)
Beehive.govt.nz
Transport Minister Gerry Brownlee is inviting the agricultural sector to have its say on proposed changes to transport regulation for agricultural vehicles. “Last year the government announced the need to ensure these rules were protecting safety without imposing unnecessary red...
International
Australia and New Zealand release bilateral Defence Framework (24 April 2012) (NZ)
Beehive.govt.nz
Australian Defence Minister Stephen Smith and New Zealand Minister of Defence Dr Jonathan Coleman today reaffirmed their commitment to ANZAC Defence cooperation with the release of the Review into the Australia-New Zealand Defence Relationship. Anzac Day marks the anniversary of the first...
Fair Trading
Update on the Commerce Commission’s investigation into Credit Sails (24 April 2012) (NZ)
Commerce Commission
The Commerce Commission’s investigation into the failure of the Credit Sails investment product has reached a point where the Commission is now able to update investors and the public. Since 2010 the Commission has been investigating the failure of Credit Sails. The product was marketed...
Animals, Environment
Submission on the Game Animal Council Bill (20 April 2012) (NZ)
Parliamentary Commissioner for the Environment
The Parliamentary Commissioner for the Environment has made a submission on the Game Animal Council Bill. She states that she has specific concerns about the Game Animal Council’s function to manage herds of national significance. The Commissioner says that this function may conflict with...
Family
Court chaos as hard-up couples try DIY divorce (22 April 2012) (UK)
guardian.co.uk
Pressure on legal system at bursting point as only the well-off use guidelines on mediation The biggest shake-up of divorce in a generation is in danger of creating a two-tier system, with wealthier couples benefitting far more than less well-off couples. The warning comes as a survey of more...
Banking and Finance
FMA welcomes ruling on Hotchin asset preservation orders (20 April 2012) (NZ)
Financial Markets Authority
The Court of Appeal has dismissed an appeal by former Hanover director Mark Hotchin on asset preservation orders obtained by the Financial Markets Authority. FMA CEO Sean Hughes said; "FMA welcomes the Court of Appeal's decision. These orders are important for enabling FMA to preserve...
Commercial, Employment
New ministry to cost 130 jobs (24 April 2012) (NZ)
New Zealand Herald
About 130 jobs could be lost with the creation of an economic "super ministry'' confirmed by the Government today. Following advice from the State Services Commission, the Government today confirmed that the Ministry of Business, Innovation and Employment would be established on July 1....
Taxation
Fairness at issue in tax debt write-offs (22 April 2012) (NZ)
New Zealand Herald
More than three-quarters of a billion dollars in tax debt was written off because taxpayers were unable to pay it in the year ended June 2011, the Inland Revenue Department has revealed. Taxpayers owing a total of $785,461,679 were let off in the year. That's an increase of more than $118...
Taxation
Dunne: non-resident business GST issues to be addressed (23 April 2012) (NZ)
Beehive.govt.nz
GST is a tax on consumption and not a tax on business and therefore should be neutral for both resident and non-resident businesses, Revenue Minister Peter Dunne said today in announcing his intention to introduce measures to remove GST impediments for non-resident businesses. Mr Dunne said...
Competition, Technology
Commerce Commission defines criteria for persons potentially liable for telco development levy (19 April 2012) (NZ)
Commerce Commission
The Commerce Commission today set out their preliminary views on the persons potentially liable for the Telecomunications Development Levy (TDL) for the 2011/12 year. Following an earlier round of consultation, the Commission’s Draft Notification of Potential Liability for the...
Media
Janet Jackson's Super Bowl 'wardrobe malfunction' may hit supreme court (18 April 2012) (USA)
guardian.co.uk
Eight years after Justin Timberlake's bodice-ripper, the FCC is appealing a lower court's decision to toss out indecency fine The department of justice is asking the US supreme court to review the appeals court decision that knocked down its half-million-dollar fine against CBS for the...
Criminal
Why Anders Breivik's trial seems strange to the eyes of an English lawyer (18 April 2012) (UK)
guardian.co.uk
Breivik is using the courtroom to express his twisted political views – which hardly appears to constitute proper self-defence It's the dinner party question that every barrister gets regularly asked – how do you defend people guilty of such terrible crimes as murder, rape and...
Judiciary, Law Practitioners
High Court Judicial Settlement Guidelines (NZ)
www.courtsofnz.govt.nz
The High Court Judicial Settlement Guidelines have been issued. The guidelines assist those participating in settlement conferences. They outline the purpose behind r79 High Court Rules, provide guidance on preparation, and outline the steps that the parties can expect to be taken. Read...
Media
NZ On Air Chair appointed (17 April 2012) (NZ)
beehive.govt.nz
Broadcasting Minister Craig Foss has today announced the appointment of Miriam Dean QC as Chair of NZ On Air. Miriam Dean is the President of the New Zealand Bar Association, Deputy Chair Auckland Council Investments, a director of Crown Fibre Holdings and a trustee of the Royal New...
Commercial
New unit for the rebuild of central Christchurch (17 April 2012) (NZ)
beehive.govt.nz
Canterbury Earthquake Recovery Minister Gerry Brownlee today announced the establishment of a new business unit inside the Canterbury Earthquake Recovery Authority (CERA) to focus on rebuilding Christchurch’s CBD. “The Christchurch Central Development Unit will provide clear...
Environment
Proposed changes to vehicle emissions rules (17 April 2012) (Intl)
beehive.govt.nz
Transport Minister Gerry Brownlee has announced plans to update the rules setting emissions standards for vehicles entering New Zealand. Proposed changes to the 2007 Vehicle Exhaust Emissions Rule will ensure that New Zealand continues to import new vehicles built to the highest available...
Leading law firms announce Alliance for Christchurch (16 April 2012) (NZ)
Kensington Swan
Leading law firms Anderson Lloyd and Kensington Swan have formed an alliance to help with the rebuild of Christchurch. The Reserve Bank estimates that the reconstruction of Christchurch is expected to cost in the vicinity of $30 billion. Christchurch will become one of the biggest construction...
Criminal
Do we need a law against incest? (15 April 2012) (EU)
guardian.co.uk
The European human rights court has upheld a German ruling against sibling incest, but some questions remain unanswered The European court of human rights is no stranger to controversy. Last Thursday, however, Strasbourg played it safe and did the expected. The court ruled it was all right to...
Banking and Finance
FMA calls for submissions on exemption reviews (12 April 2012) (NZ)
Financial Markets Authority
The Financial Markets Authority is seeking submissions from market participants, investors, representatives and advisers on review of 44 class exemption notices due to expire later this year. FMA is able to grant exemptions from provisions of various securities laws. Exemptions remove...
Employment
Shearer to push case for more parental leave (16 April 2012) (NZ)
NZ Herald
Labour leader David Shearer is seeking a meeting with Finance Minister Bill English over a bill extending paid parental leave from 14 weeks to 26 weeks. Mr English yesterday continued to defend his decision to veto the bill at its third reading, saying the priority was getting back into...
Intellectual Property
Patent wars - the plague of the internet age (16 April 2012) (NZ)
NZ Herald
The internet Age is becoming as known for patent litigation as it is for online innovation. From the makers of computer chips to creators of smartphones and designers of videogames, rivalries have spread from marketplaces to courtrooms with combatants warring over rights to use technology....
Company, Taxation
View that unpaid vendor holds shares on trust concerns Law Society (12 April 2012) (NZ)
NZ Law Society
The view that an unpaid vendor of shares under an unconditional agreement for sale and purchase holds the shares on trust, not being a bare trust, for the purchaser, is of concern to the New Zealand Law Society.The conclusion on the status of the shares is reached in Inland Revenue’s Draft...
Health
Combination product definition needed in new Bill (12 April 2012) (NZ)
NZ Law Society
A failure to provide a definition for “combination product” in the Medicines Amendment Bill means there is no clarity on how an important group of medical products will be regulated, the New Zealand Law Society says. In its written submission, the Law Society says that while the...
Law Practitioners
Important to get a job before going overseas (12 April 2012) (NZ)
NZ Law Society
The overwhelming advice from international recruitment agents is that going on an OE without securing employment could (in the present market) endanger your career. In the latest issue of the New Zealand Law Society magazine LawTalk, Jonathan Walmsley, Principal, Marsden Legal Search &...
Human Rights
Christians are being persecuted, says former archbishop of Canterbury (14 April 2012) (EU)
guardian.co.uk
In submission to European court of human rights, Lord Carey claims Christians are vilified by state bodies Christians are being "persecuted" and "driven underground" while the courts fail to protect their religious values, a former archbishop of Canterbury has claimed....
Competition
The Apple ebook price-fixing lawsuit has terrifying implications (13 April 2012) (USA)
guardian.co.uk
If Apple loses the US case for alleged price-fixing, Amazon will be left in sole charge of the publishing industry It's easy to see the positive in the Department of Justice's decision to file a lawsuit against publishers and Apple over ebook pricing: it means cheaper ebooks, right? And an end...
Intellectual Property, Privacy, Technology
How will the new law on cookies affect internet browsing? (13 April 2012) (UK)
guardian.co.uk
Websites track visitors' activity, but will legal changes to users' consent make a difference to the Guardian or other sites? We are being watched. The websites we visit, and the advertisers who promote products on those sites, are tracking our online activity, building a profile of where we...
Law Practitioners
Coaching wannabe QCs (13 April 2012) (UK)
guardian.co.uk
Specialist coaches on the silk application process say that barristers are often reluctant to promote themselves Pity the wannabe QC. While most people took a break over Easter, many silk aspirants will have spent the long weekend working through the daunting 64-page QC application form that...
Environment, Human Rights
Mining giant Glencore accused in child labour and acid dumping row (14 April 2012) (UK)
guardian.co.uk
London-listed company denies polluting river in Congo and profiting from children working underground Glencore, the commodity and mining firm worth £27bn, stands accused in the Democratic Republic of the Congo of dumping raw acid and profiting from children working 150ft underground. The...
Commercial
Single Economic Market Outcomes progress report released (13 April 2012) (Intl)
beehive.govt.nz
Minister of Commerce, Craig Foss met with Australian Parliamentary Secretary to the Treasurer, Bernie Ripoll in Sydney today to discuss progress towards realising the long term vision of creating a seamless trans-Tasman business environment. Mr Foss and Mr Ripoll welcomed further progress...
International
Iran's nuclear programme: legal debate stirs over basis for US or Israeli attack (12 April 2012) (Intl)
guardian.co.uk
As US and Israeli officials weigh up prospect of military strike on Iran, critics say any attack would go against international law Amid the sabre-rattling and bluster over Iran, a furious if little-noticed debate is boiling over the legal basis for a US or Israeli attack on Tehran's...
Fair Trading
Start-up daily deal website warned for bait advertising under Fair Trading Act (12 April 2012) (NZ)
Commerce Commission
Being unable to supply advertised daily deal vouchers has today earned a start-up Christchurch-based website a warning about bait advertising from the Commerce Commission. Bait advertising involves an offer to supply goods or services at a particular price, but with no reasonable grounds for...
Judiciary
New chair for IPCA (12 April 2012) (NZ)
beehive.govt.nz
Justice Minister Judith Collins today announced the appointment of Judge Sir David Carruthers KNZM as member and chairperson of the Independent Police Conduct Authority (IPCA). Sir David Carruthers has been appointed for a term of five years, and replaces current IPCA chair, Justice Lowell...
Banking and Finance
FMA calls for submissions on exemption reviews (12 April 2012) (NZ)
Financial Markets Authority
The Financial Markets Authority is seeking submissions from market participants, investors, representatives and advisers on review of 44 class exemption notices due to expire later this year. FMA is able to grant exemptions from provisions of various securities laws. Exemptions remove...
Environment
Endangered species found in Chinese medicines (13 April 2012) (AUS)
NZ Herald
DNA testing of Chinese medicines seized by Australian border authorities has found many contain toxic plant ingredients and endangered animals. Researchers at Murdoch University in Perth used DNA sequencing to reveal the animal and plant composition of 15 traditional Chinese medicines (TCMs)...
Judiciary, Legal Services
Courts Minister wants simpler court system (12 April 2012) (NZ)
NZ Law Society
The Minister for Courts, Chester Borrows, says New Zealand’s court system needs to be better understood so that it operates effectively in the interest of justice for everyone in society. In an interview in the latest issue of the New Zealand Law Society magazine LawTalk, Mr Borrows says...
Commercial, Environment
Consultation underway on ETS changes (11 April 2012) (NZ)
beehive.govt.nz
The Government today released a consultation document setting out proposed changes to the New Zealand Emissions Trading Scheme. “The ETS is the most cost effective and efficient way we can reduce our emissions and do our fair share on the global issue of climate change,” say...
Know your rights - how to access the law (10 April 2012) (NZ)
Press release
The New Zealand Law Foundation has provided a grant to assist with the production of a legal information programme designed to improve access to legal information for people who find it hard to obtain. The 13-part series, titled Know Your Rights, will be presented by barrister and journalist...
Employment
Paid parental leave veto confirmed (11 April 2012) (NZ)
New Zealand Herald
Finance Minister Bill English confirmed this afternoon that National will veto a bill to extend paid parental leave from 14 weeks to six months. He said the Government would have to borrow more money to fund it just at a time when it was trying to reduce its deficit. "We have...
Human Rights
Why the Abortion Act deserves to live (10 April 2012) (UK)
guardian.co.uk
The problem with ethics", laments the medical student, "is that there is no right answer". In the days when I taught the ethics of abortion, this was a familiar grumble. After an hour listening to the 'sanctity of life' argument, the 'slippery slope' argument, the 'potentiality'...
Human Rights
Why reproductive health is a civil rights issue (4 April 2012) (UK)
guardian.co.uk
The recently declared "war on women" or "war on religious freedom" – depending on which side of the political aisle you find yourself – is the most recent issue du jour, but the challenge with focusing on the politics of women's health is that it tends to mask...
Employment
Adventure Activities Regulations: guidance for operators (April 2012) (NZ)
Department of Labour
New regulations governing the commercial adventure activities industry came into effect from November 1, 2011. The Health and Safety in Employment (Adventure Activities) Regulations 2011 aim to address safety gaps identified in the Adventure Tourism Review to help keep New Zealanders and...
Legal Services
Evaluation of legal aid reforms: Public perceptions of legal aid – June 2011 (NZ)
Ministry of Justice
The Ministry of Justice surveyed the general public in June 2011 about their perceptions of New Zealand’s legal aid system and attitudes towards some of the changes being made to the system. Overall, the results appear to reflect a public climate receptive towards making changes to the...
Environment, Resource Management
Users' Guide: National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (April 2012) (NZ)
Ministry for the Enviornment
The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 took effect on 1 January 2012. This users’ guide explains the regulations and provides guidance to territorial and unitary authorities on...
Criminal
Dotcom arrest costs taxpayer $70,000 - so far (11 April 2012) (NZ)
NZ Herald
Taxpayers spent about $70,000 on the operation to arrest Kim Dotcom and seize his luxury cars and art. The cost doesn't include the cost of police staff, Crown lawyers acting on behalf of the United States of time spent in court. The January 20 raid set in motion the US Department of...
Environment, Local Government, Property
High Court date for Wynyard Quarter clean up case (11 April 2012) (NZ)
NZ Herald
Waterfront Auckland has won the first round against international oil company Mobil over who should pay a $40 million to $50 million bill to clean up two sites at Wynyard Quarter. An attempt by Mobil to strike out the claim has been dismissed by Justice Forrie Miller and the case is set down...
Local Government
Market dispute may cost council another $10,000 (11 April 2012) (NZ)
NZ Herald
The ongoing dispute over closing Commerce St on Saturday mornings for the Frankton Market could cost Hamilton ratepayers a further $10,000 if council goes ahead with plans to transform it into a permanent shared space for vehicles and people. The battle between Forlongs and the Frankton...