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Francis, Gouge and Thompson and TVWorks Ltd - 2011-104 (10 April 2012) (NZ)
Broadcasting Standards Authority
Two Campbell Live items reported on controversial comments made by the Chief Executive (CE) of the Employers and Manufacturers Association (EMA), Alasdair Thompson, that some female workers are less productive because they take sick leave when they are menstruating. The Authority declined to...
Law Practitioners
How do you get lawyers to do what is 'right'? (5 April 2012) (UK)
guardian.co.uk
UCL Centre for Ethics and Law hopes to create a culture where lawyers do more than complying with the minimum they can get away with The uncomfortable performance of former Times legal manager Alastair Brett at the Leveson inquiry last month — during which he admitted that an email he...
How the US uses sexual humiliation as a political tool to control the masses (5 April 2012) (NZ)
guardian.co.uk
In a five-four ruling this week, the supreme court decided that anyone can be strip-searched upon arrest for any offense, however minor, at any time. This horror show ruling joins two recent horror show laws: the NDAA, which lets anyone be arrested forever at any time, and HR 347, the...
Criminal
Police shooting of Halatau Naitoko (3 April 2012) (NZ)
Police Complaints Authority
Seven recommendations for improvements to Police procedure have been made following an investigation into the fatal shooting of Auckland courier driver Halatau Ki’anamanu Naitoko. A member of the Armed Offenders Squad (AOS) shot and killed Mr Naitoko on Friday 23 January 2009, as he was...
Law Practitioners
Snapshot of New Zealand legal profession (April 2012) (NZ)
The New Zealand Law Society has published information on the makeup of the legal profession. The report, called Snapshot of the New Zealand Legal Profession has been published in the latest issue of the Law Society’s fortnightly magazine LawTalk. As regulator of New Zealand lawyers, the...
Commercial
Problems seen with proposal for unsubstantiated representation offence (3 April 2012) (NZ)
New Zealand Law Society
A clause in the Consumer Law Reform Bill which creates a strict liability offence of making an unsubstantiated representation creates a number of problems, the New Zealand Law Society says. The clause defines an unsubstantiated representation as a representation made by a person who does not,...
Accident Compensation, Privacy
Inquiry into aspects of ACC's Board-level governance (4 April 2012) (NZ)
Office of the Auditor-General
The Auditor-General, Lyn Provost, has decided to carry out an inquiry into how the Accident Compensation Corporation (ACC) manages risk at the Board level of the organisation. This document sets out the terms of reference for our inquiry. During March 2012, concerns were raised about a...
Privacy
Privacy from state snooping defines a true democracy (3 April 2012) (NZ)
Guardian
Government plans to allow email surveillance are among the most serious threats to freedom in the democratic world As we welcome the glimmers of democracy in Burma and applaud the heroic struggle for freedom and rights in countries such as Russia, China and Syria, it beggars belief that...
Defamation
How do you police the entire internet? (1 April 2012) (NZ)
Guardian
The Ben Dover case shows how bizarre copyright and piracy battles have become Filth, abuse, defamation, libel, harassment, racism, hatred, stolen property – how we deal with the dross is the big question of the digital age, and one that we are no closer to answering. The past month alone...
Banking and Finance, Commercial
Tougher laws for loan sharks (2 April 2012) (NZ)
beehive.govt.nz
Consumer Affairs Minister Chris Tremain today released draft consumer credit legislation to better protect consumers from irresponsible lenders. Over the next six weeks the Minister will visit community and industry groups around the country to discuss the draft Credit Contracts and Consumer...
Immigration
Red tape cut for international students (2 April 2012) (NZ)
beehive.govt.nz
Minister of Immigration Nathan Guy has announced changes to health screening rules which will reduce red tape for international students and other migrants, while protecting the public health system. “From July this year, international students will no longer need to supply full...
Company, Human Rights
Minister welcomes NZX consultation on diversity rule (2 April 2012) (NZ)
beehive.govt.nz
An NZX proposal to introduce a new diversity rule for its members is welcomed by Women’s Affairs Minister Jo Goodhew. “This initiative from NZX will help increase diversity in the leadership of New Zealand companies,” says Mrs Goodhew. “Diversity in leadership is...
Simon Bridges to be appointed a Minister (2 April 2012) (NZ)
beehive.govt.nz
Prime Minister John Key today announced that Tauranga MP Simon Bridges is to be appointed a Minister outside Cabinet. Napier MP Chris Tremain, who is currently a Minister outside Cabinet, will move up to become a Minister in Cabinet at number 20 on the Ministerial list. Mr Key also...
Company, Criminal
Former Director sentenced following SFO investigation (30 March 2012) (NZ)
Serious Fraud Office
John William Jackson (62) was sentenced to two years and five months imprisonment in the North Shore District Court yesterday, after pleading guilty to charges of accessing a computer for dishonest purposes. The charges were brought following an investigation by the Serious Fraud Office (SFO)....
Banking and Finance, Commercial
Credit Reporting changes begin for all New Zealanders - ID fraudsters to be stopped in their tracks (30 March 2012) (NZ)
Privacy Commissioner
Major changes to the credit reporting system come into force this Sunday, 1 April 2012. The first change to the law allows a "positive" credit reporting system to operate in New Zealand. Up until now, New Zealand has run a negative credit reporting system that recorded defaults,...
Health
More Synthetic Cannabinoids Being Banned (30 March 2012) (NZ)
beehive.govt.nz
A further three synthetic cannabis substances found in products sold in some dairies are in the process of being banned and are expected to be off the shelves by the end of next week, Associate Minister of Health Peter Dunne announced today. This will soon bring to 24 the number of substances...
Employment
Review favours extension of flexible work rights ( 30 March 2012) (NZ)
beehive.govt.nz
A review of workers’ rights to ask for flexible work arrangements has found strong support for extending the power to all employees. The review into section 6AA of the Employment Relations Act was presented to Parliament today by Labour Minister Kate Wilkinson. It found flexibility...
Indigenous Rights, Maori
Five Treaty settlement bills pass third reading (29 March 2012) (NZ)
beehive.govt.nz
The House today passed five bills giving effect to historical Treaty of Waitangi settlements, the most Treaty bills passed in any calendar year since the settlement process began in the 1990s. “Today marks the end of a long journey to settlement for Ngāti Manawa, Ngāti Whare, Ngāti...
Judiciary
White and male: diversity and the judiciary (28 March 2012) (UK)
Guardian
Are judges all white and male? Nearly - see exactly how the judiciary has changed Are judges the same as he rest of us? If by "rest of us", you mean white, and male then yes. But for the rest of society, the breakdown could not be much further removed. A report out today from the...
Tort
RSA survivor seeks jury trial (28 March 2012) (NZ)
New Zealand Herald
The sole survivor of a triple slaying in an Auckland RSA is hoping to have her case against the Corrections Department heard by a jury. Susan Couch lost almost 80 per cent of her blood when she was brutally bashed by William Bell at the Mt Wellington-Panmure RSA in December 2001 while on...
Wills
Fight over stolen body back in court (28 March 2012) (NZ)
New Zealand Herald
The Supreme Court will decide who has the final say on where the body of a man whose family stole his body and took it to his ancestral home should be buried. James Takamore was 55 when he died suddenly of an aneurism in 2007. He was originally from Taneatua, in Bay of Plenty, but moved to...
Environment
Official fracking inquiry confirmed (28 March 2012) (NZ)
New Zealand Herald
The Parliamentary Commissioner for the Environment has announced there will be an official investigation into fracking. Fracking involves fracturing rock formations, using high pressure water and chemicals to release so-called "tight" oil and gas. The controversial practice,...
Environment
Minister welcomes inquiry into fracking (28 March 2012) (NZ)
Beehive.govt.nz
Energy and Resources Minister Phil Heatley has welcomed the inquiry into fracking announced today by Parliamentary Commissioner for the Environment Jan Wright. “I look forward to the results of this inquiry. It will enable us to move forward with confidence and a clear understanding of...
Transport
Vehicle Licensing Reform for value for money (28 March 2012) (NZ)
Beehive.govt.nz
Reform to deliver a simpler and more efficient vehicle licensing system has been announced by Transport Minister Gerry Brownlee. The Vehicle Licensing Reform project, jointly led by the Ministry of Transport and the NZ Transport Agency will examine: annual vehicle licensing (commonly known...
Environment
PCE to investigate ‘fracking’ (28 March 2012) (NZ)
Parliamentary Commissioner for the Environment
Initial scoping work being done on hydraulic fracturing (fracking) has been stepped up to an official investigation. Parliamentary Commissioner for the Environment, Dr Jan Wright, says the preliminary work indicated there is a need to examine the issue more closely. “The work that has...
Privacy, Technology
Google should be forced to censor search results, say MPs (27 March 2012) (UK)
guardian.co.uk
Report by MPs criticises Google for its 'totally unconvincing' objection to requests to filter its search results A cross-party committee of MPs and peers has urged the government to consider introducing legislation that would force Google to censor its search results to block material that a...
Privacy
Update the Privacy Act to strengthen protections for people and help business, says Privacy Commissioner (27 March 2012) (NZ)
Privacy Commissioner
The Privacy Commissioner, Marie Shroff, has today welcomed the government's commitment to update the Privacy Act. "Things have changed enormously since the Privacy Act was passed nearly twenty years ago," said Ms Shroff. "Privacy is as important to people as it's ever been. But...
Privacy
Government to overhaul Privacy Act (27 March 2012) (NZ)
beehive.govt.nz
Justice Minister Judith Collins today announced the Government will repeal and re-enact the Privacy Act 1993 following its review by the Law Commission. The Commission’s recent report Review of the Privacy Act 1993 made over 100 recommendations for reform and the Government will consider...
Social Security
Welfare reform bill passes first reading (27 March 2012) (NZ)
beehive.govt.nz
The Social Security (Youth Support and Work Focus) Amendment Bill passed its first reading in Parliament today and will be referred to select committee. Social Development Minister Paula Bennett says, “this is a significant step in a series of welfare reforms being introduced by this...
Commercial, Competition
Dairy industry restructuring bill tabled (27 March 2012) (NZ)
beehive.govt.nz
A new bill detailing proposals to oversee Fonterra’s farm gate milk price setting and ensure a more transparent and efficient dairy market was tabled in Parliament today by Primary Industries Minister David Carter. “Because of Fonterra’s dominance in the New Zealand market,...
Fair Trading
Commerce Commission warns Progressive Enterprises over misleading sales claims (23 March 2012) (NZ)
Commerce Commission
The Commerce Commission has issued a warning to the supermarket company Progressive Enterprises Limited about beer sale promotions that the Commission alleges breached the Fair Trading Act. In widespread advertising in late 2010 and early 2011, Progressive Enterprises claimed customers could...
Intellectual Property
Musical Youth lose legal battle over Pass The Dutchie (23 March 2012) (USA)
guardian.co.uk
Band claimed lawyers failed to protect copyright of song, which was adaptation of Pass The Kouchie by The Mighty Diamonds Ex-members of a child reggae band that hit the heights with a song about a stewing pot 30 years ago have lost a legal battle with their former lawyers. Performers from...
Family, Legal Services
Major exodus of family legal aid lawyers will follow fixed fee introduction (21 March 2012) (NZ)
NZ Law Society
A proposal to introduce fixed fees for family law legal aid will create real problems in finding suitable lawyers to provide family legal aid, the New Zealand Law Society says. In its submission to the Ministry of Justice on the proposed new fees framework for family legal aid providers, the...
New Zealand Legislation website refresh set for April 2012 (22 March 2012) (NZ)
legislation.co.nz
Development work that has been underway on the New Zealand Legislation website, and showcased on this preview website, is close to completion. On Thursday 5 April implementation, expected to take around a week, will begin. While it is underway, no new publishing will happen on the New Zealand...
Judiciary
Should the veil always be allowed in court? (20 March 2012) (UK)
guardian.co.uk
A juror was asked by a judge to stand down from a crown court case because she was wearing a niqab The curious episode of the juror asked to withdraw from a crown court case because she was wearing a niqab, or full veil, raises a number of questions. Judge Aidan Marron QC interrupted the...
Criminal Sentencing
US supreme court debates life sentences without parole for youngsters (20 March 2012) (USA)
guardian.co.uk
Justice Anthony Kennedy wrote earlier opinions ruling out the death penalty for juveniles whose crimes did not involve killing The US supreme court debated on Tuesday whether young teenagers convicted of killing someone may be locked up for life with no chance of parole, the latest in a line...
Criminal, Technology
New technology to fight trading of objectionable images (20 March 2012) (NZ)
Beehive.govt.nz
Investigators tackling the trading of child sexual abuse photos on the Internet will now find it easier to detect objectionable images, Internal Affairs Minister Amy Adams says. Internal Affairs’ Censorship Compliance Unit has been working with Microsoft on the development of PhotoDNA,...
Better local government reforms announced (19 March 2012) (NZ)
Beehive.govt.nz
The ‘Better Local Government’ reforms announced today by Prime Minister John Key will provide clarity around the role of councils, stronger governance, improved efficiency and more responsible financial management said Local Government Minister Nick Smith. “These reforms are...
Criminal
New group will help consumers in fight against scams (19 March 2012) (NZ)
Beehive.govt.nz
Consumer Affairs Minister Chris Tremain says a new cross-agency group will help to raise awareness of scams so that people can protect themselves from being misled. “Today marks the beginning of Fraud Awareness Week, so this is a timely occasion to highlight the importance of vigilance...
Legal Services
ACC legal aid fixed fee proposal based on flawed data (20 March 2012) (NZ)
NZ Law Society
Ministry of Justice proposals to introduce fixed fees for ACC legal aid are based on flawed data which does not represent the economic reality of ACC legal aid cases, the New Zealand Law Society says. Commenting on the Law Society’s submission on the proposals, President Jonathan Temm...
Family, Legal Services
Family legal aid – fixed fees framework (19 March 2012) (NZ)
NZ Law Society
The Law Society has consulted widely with family lawyers about the proposed fixed fees framework (proposal). The overwhelming majority of family legal aid providers expressed despair and strongly believe the proposal in its current form is financially unsustainable. It achieves the opposite of...
Commercial, Insurance, Transport
NZ Transport and Trade Update - March 2012 (19 March 2012) (NZ)
DLA Phillips Fox
Proposed changes to domestic carriage of goods favour consumers, but at what cost? This bulletin will be of interest to those involved in transport and trade, and their insurers. The Consumer Law Reform Bill is a government bill which was introduced to Parliament in April 2011. It...
Criminal
Crimes Act strengthened to better protect children (19 March 2012) (NZ)
Beehive.govt.nz
A new law making it an offence to stay silent when it is known that a child or vulnerable adult is at risk of death, grievous bodily harm or sexual assault takes affect today. The Crimes Amendment Act (No 3) 2011, passed in September last year, strengthens provisions in the Crimes Act 1961...
Insurance, Transport
NZ Transport and Trade Update - Proposed changes to domestic carriage of goods favour consumers, but at what cost? (19 March 2012) (NZ)
DLA Phillips Fox
This bulletin will be of interest to those involved in transport and trade, and their insurers. The Consumer Law Reform Bill is a government bill which was introduced to Parliament in April 2011. It embraces a broad range of consumer protection measures as part of the so-called ‘Trade...
Judiciary
New courthouse opens in central Christchurch (16 March 2012) (NZ)
Beehive.govt.nz
Canterbury Earthquake Recovery Minister Gerry Brownlee and Courts Minister Chester Borrows today welcomed the opening of the new Christchurch courthouse. The new courthouse, which is capable of holding jury trials, was officially opened by Mr Borrows at a ceremony in Christchurch this morning....
Building
Building DIY exemption welcomed (16 March 2012) (NZ)
Beehive.govt.nz
A major step towards ensuring better buildings can be built faster has been taken with Parliament passing the Building Amendment Act 2012. Building and Construction Minister Maurice Williamson says the Act is part of a package of reforms designed to lift standards in the building and...
Legal Services
Ministers promote insurance as legal aid alternative (13 March 2012) (UK)
guardian.co.uk
Government backs before-the-event insurance as way of funding legal expenses and predicts cost will come down Ministers are pushing for people to take out insurance cover for catastrophic events as a replacement for legal aid, documents obtained by the Guardian reveal. The current...
Banking and Finance
FMA to issue revised draft guidance note on effective disclosure in offer documents (14 March 2012) (NZ)
Financial Markets Authority
The Financial Markets Authority will publish a revised draft of its guidance note by 2 April 2012 and invites further submissions from the market. The first round of market consultation, completed 9 March, consisted of 30 stakeholder meetings. FMA also received over 60 written submissions and...
Commercial
Dulux recalls toy dogs after complaint to Commerce Commission (14 March 2012) (NZ)
Commerce Commission
The Dulux Group is voluntarily recalling more than 100,000 promotional toy dogs in New Zealand and Australia that may not comply with the New Zealand Product Safety Standards (Toys) Regulations 2005 (the Regulations) for children’s toys. The toy dog was given to consumers as a gift in...
Intellectual Property
We need to redefine what 'copy' means (13 March 2012) (UK)
guardian.co.uk
In an extract from his new book, How to Fix Copyright, William Patry calls for a radical overhaul of copyright law The word "copy" has two meanings. As a verb, "to copy" means reproducing content from one work into either another work (we say one song was "copied"...