News

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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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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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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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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A judge has issued a stinging rebuke against a Chicago law firm that claims to fight copyright piracy, saying it ran a fraudulent scheme to extort millions of dollars from people who shared pornographic videos. In a ruling inexplicably laced with Star Trek references, judge Otis D Wright II...

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On 28 August, in the shadow of Lincoln's monument, Martin Luther King announced to the March on Washington during his famous "I have a dream" speech that "1963 is not an end, but a beginning". For legal segregation, it would turn out to be the beginning of the end. The year...

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Should parliament give itself more powers? That's the intriguing question posed by a paper to be published next week by the Constitution Society, an educational charity established five years ago. As a matter of constitutional theory, the powers of parliament are unlimited. Subject to royal...

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California cities and counties can ban marijuana shops, the state's highest court ruled Monday in a unanimous opinion likely to further diminish California's once-robust medical marijuana industry. Marijuana advocates have argued that allowing local governments to bar dispensaries thwarts the...

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The Court of Trial Protocol for Category 2 and 3 Offences Established by the Chief High Court Judge and the Chief District Court Judge made pursuant to the Criminal Procedure Act 2011 has been published. The Protocol will have effect in criminal proceedings under the Criminal Procedure Act...

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The magic circle’s commitment to diversity will again be called into question after the proportion of women making partner in 2013 fell below 20%. The quintet of UK-based firms appointed just 13 women worldwide out of a total of 73. In last year’s round, 24 of the 95 new partners...

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Almost 10,000 houses are affected by an Environment Court decision on pre-1940s demolition consents, a planner says. Colin Hardacre of Hardacre Planning in Hillsborough, said a decision last week was significant for comments about Auckland Council's incorrect position on the houses. He said...

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Justice Minister Judith Collins and the Justice Ministry are considering a law change to allow police to flag criminal backgrounds to family members and others. Ms Collins said she would like to ensure police can provide information to people who might be concerned about the behaviour of...

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A controversial website designed by a victims' lobby group to highlight judges' decisions has been launched today. But the Sensible Sentencing Trust says the site is not just about "naming and shaming" judges - it's also about educating the public on how their court system works....

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Prime Minister John Key today released a final draft of legislation to clarify the functions of the Government Communications Security Bureau (GCSB), and to strengthen the oversight regime governing New Zealand’s intelligence community. The final draft of the omnibus Bill – the...

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The Government has today released the final draft of a Bill that will modernise telecommunications security legislation. The draft Telecommunications (Interception Capability and Security) Bill was released by Communications and Information Technology Minister Amy Adams after Cabinet approved...

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A Remuera couple have been granted leave for a Supreme Court appeal against a Weathertight Homes Tribunal decision. John and Helen Osborne's claim against Auckland Council had been deemed ineligible because it was lodged after the 10-year time limit for leaky homes claims. But the Osbornes...

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A $1,000 fine may have to be imposed for anyone avoiding jury service, a judge says. Whangarei District Court judge Duncan Harvey had to postpone a trial last week because not enough prospective jury members turned up. Afterwards, Ministry of Justice staff hit the phones to remind people...

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The main rationale for using a single joint expert (SJE) is to reduce the costs and delays associated with using expert witnesses on behalf of each of the parties in litigation. This has been in place for a number of years, but experience of SJE appointments confirms that new issues are raised...

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No one found guilty of contempt should be jailed in secret, two of the country’s most senior judges have declared in a strong stand for open justice. The lord chief justice Lord Judge (pictured) and Sir James Munby, who is both head of the High Court’s Family Division and the Court...

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An end to the bans on self-employed barristers conducting litigation and sharing premises or forming associations with non-barristers is in sight as the Bar Standards Board (BSB) laid out the first stage of its major liberalisation programme. Read more

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The various attempts by the Coalition government to reform the delivery of legally aided criminal defence services have encouraged the legal profession to embrace two novelties: the extensive use of social media as a form of activism and a unity of purpose. Barristers and solicitors have been...

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The row over Legal Services Board-commissioned research that recommended removal of the cab-rank rule stepped up a further notch yesterday after one of the academics who conducted it hit back at the critiques published by the Bar Council and Bar Standards Board. Read more

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A barrister who has built a thriving direct access practice through a public-facing website is considering whether an alternative business structure (ABS) will help him deal with the problems caused by the ban on conducting litigation. Rupert Gregory, a member of London’s Argent...

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