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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FMA to issue revised draft guidance note on effective disclosure in offer documents (14 March 2012) (NZ)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"...
Trusts
Law Society support for disclosure of reasons for trustee decisions (9 March 2012) (NZ)
NZ Law Society
The New Zealand Law Society supports giving courts powers to order disclosure by trustees of the reasons for their decisions. In its submission to the Law Commission on the Commission’s fifth Issues Paper in its review of the law of trusts, the Law Society says that in appropriate cases...
Competition, Media
Regulator probes Sky - TVNZ Igloo venture (14 March 2012) (NZ)
NZ Herald
The Commerce Commission has launched an investigation into whether the new pay-TV platform Igloo breaches its merger rules. The regulator is looking into whether joint venture partners Sky TV and Television New Zealand met obligations under Section 47 of the Commerce Act. Igloo aims to...
Privacy
ACC manager 'failed to do enough' about breach (13 March 2012) (NZ)
NZ Herald
Senior ACC manager Philip Murch knew of a potentially major breach of the privacy of more than 6000 claimants for three months but failed to do enough about it, says chief executive Ralph Stewart, who last night apologised for the blunder. But Mr Stewart and ACC chairman John Judge have...
Law Practitioners
Fax and email scams target law firms (12 March 2012) (NZ)
New Zealand Law Society
The New Zealand Law Society is warning New Zealand lawyers to watch out for two scams which are targeting New Zealand law firms at the moment. In the first, law firms are initially sent an email which appears to offer a chance for the firm to have its details carried in publications with names...
International
NZ looks at having own sanctions (10 March 2012) (NZ)
NZ Herald
Foreign Minister Murray McCully is considering promoting a law that would allow the Government to impose its own trade and economic sanctions on recalcitrant countries, but he says it is aimed at no one in particular. Mr McCully, who last night hosted new Australian Foreign Minister Bob Carr...
Environment, Fisheries
Non-resident angler licence considered (9 March 2012) (NZ)
Beehive.govt.nz
The Government is considering a proposal to establish differential fishing licences for overseas anglers, Conservation Minister Kate Wilkinson announced today/ Last year the Minister asked Fish and Game NZ to provide a report on the rationale on for a non- resident fishing licence and charging...
Media
Law Commission looks to crack down on cyber-bullies (7 March 2012) (NZ)
NZ Herald
The Law Commission wants to review the laws around cyber-bullying. Here it sets out its options and asks for your views Robust communication has been a hallmark of the internet since its inception. Free speech values and an abhorrence of censorship are central to its culture. However,...
Law Practitioners
Lawyers beware: your clients are rebelling (6 March 2012) (UK)
Guardian
For too long, lawyers have got away with arcane pricing and billing practices. Those who don't change their ways will pay for it Three years ago, when we began setting up the Legal Ombudsman, our first press release talked of the new service as helping to resolve disputes between lawyers and...
Law Practitioners
Impostor guilty of posing as barrister in court (5 March 2012) (UK)
Guardian
David Evans, previously jailed for impersonating a psychologist, tried to represent cannabis farmer he befriended in prison A man who donned a wig and robe to pose as a barrister and represent a friend in a crown court case has been found guilty of impersonating a lawyer. David Evans spent...
Human Rights
General Motors settles with victims of apartheid regime (2 March 2012) (Intl)
Guardian
US carmaker GM to pay $1.5m despite court ruling that South African claimants had no case in complicity claim General Motors has agreed to pay a symbolic sum of money to victims who accused it of complicity with South Africa's apartheid regime. The US carmaker was alleged to have produced...
Family
Law Society releases Family Court review submission ( March 2012) (NZ)
New Zealand Law Society
Concerns about the costs of sustaining the Family Court can be addressed in a way which enables the Court to continue to be functional and effective, the New Zealand Law Society says. However, it is important that there is targeted rather than substantive legislative change, with the essential...
Environment
Crown Minerals Act review gets under way (7 March 2012) (NZ)
Beehive.govt.nz
The Government is asking New Zealanders for feedback on proposals to improve the legislation governing oil, gas and mineral permitting. Minister of Energy and Resources Phil Heatley today released a discussion paper outlining the proposed changes to the Crown Minerals Act 1991, and associated...
Media, Privacy
Bill strengthens journalists’ ability to protect sources (6 March 2012) (NZ)
Beehive.govt.nz
A Bill to modernise and clarify search and surveillance laws would also significantly improve journalists’ ability to protect the identity of their sources by enhancing ‘journalistic privilege’ in New Zealand law. Justice Minister Judith Collins says the Search and...
Criminal Procedure
Name suppression rules tightened (5 March 2012) (NZ)
Beehive.govt.nz
Offenders will find it harder to get name suppression from the courts from today as the first group provisions in the Criminal Procedure Act 2011 come into force. Justice Minister Judith Collins said these provisions, which were passed late last year, represent a substantial reform to criminal...
Commercial
Govt introduces public share offer legislation (5 March 2012) (NZ)
Beehive.govt.nz
The Government will today introduce legislation supporting its mixed ownership programme, which will help get on top of debt and pay for priority new public assets like modern schools and hospitals. Minister for State Owned Enterprises Tony Ryall is introducing the new legislation and...
Defamation
Google wins libel case over Blogger comments (2 March 2012) (UK)
Guardian
Man took action after comments were written about him on the London Muslim section of Google's Blogger.com website A former Tory local council candidate has failed in his libel action against Google over comments posted about him on a blog. Payam Tamiz started legal proceedings against...
Indigenous Rights, Intellectual Property
Navajo Nation sues Urban Outfitters for trademark infringement (1 March 2012) (USA)
Guardian
Tribe takes fashion chain to court under Indian Arts and Crafts Act for selling 'Navajo' branded items without permission The Navajo nation is suing Urban Outfitters months after the tribe sent a letter to the clothing retailer demanding it remove the "Navajo" name from its products....
Criminal
Minister opens Tauranga Public Defence Service (2 March 2012) (NZ)
Beehive.govt.nz
Justice Minister Judith Collins officially opened the Tauranga Public Defence Service (PDS) office today. The PDS provides an in house legal aid service, through the use of salaried staff who work along side contracted legal aid lawyers. “The Public Defence Service is an important...
Health, Privacy
Public submissions invited on proposals to protect babies' bloodspot card information (29 February 2012) (NZ)
Privacy Commissioner
Privacy Commissioner Marie Shroff announced proposed amendments to the Health Information Privacy Code. The proposals aim to improve protections for information obtained from newborn babies' bloodspot samples. These samples are held by the Ministry of Health's Newborn Metabolic Screening...
Environment
Game Animal Council Bill great step for outdoors (1 March 2012) (NZ)
Associate Conservation Minister and UnitedFuture leader Peter Dunne today led legislation for a Game Animal Council to its First Reading in Parliament, delivering on a key provision of the party’s confidence and supply agreement with National. “This Bill is a key part of...
Criminal
Search and Surveillance Bill passes second reading (1 March 2012) (NZ)
Beehive.govt.nz
A bill to boost the tools available to law enforcement agencies to fight crime has passed its second reading. Justice Minister Judith Collins said the Search and Surveillance Bill, when passed, will ensure the rights of people being searched or monitored are respected. “The Bill...
Constitutional, Human Rights, Judiciary
Britain plans reform of the European court of human rights (28 February 2012) (UK)
Guardian
Leaked draft of document circulated to member states of the Council of Europe seeks to empower national courts Further British judicial powers should be wrestled back from Strasbourg and courts given enhanced latitude in interpreting decisions, according to a leaked draft of the British plan...
Intellectual Property
Yahoo and Facebook: battle looms over patent rights (28 February 2012) (USA)
Guardian
Yahoo asserts claims on patents that include technical mechanisms in Facebook's ads, privacy controls and news feed Yahoo has demanded licensing fees from Facebook for the use of its technology, potentially engulfing social media in the patent battles and lawsuits raging across much of the...
Human Rights
Supreme court prepares for battle over human rights liability of corporations (27 February 2012) (USA)
Guardian
Most significant case since Citizens United ruling will tackle whether corporations can be sued in civil courts as individuals America's top human rights lawyers are gearing up for a crucial supreme court battle that will determine whether US-based and global corporations can be held liable...
Banking and Finance, Company
FMA warns of illegal offer by Makko Securities to advise on Facebook IPO (29 February 2012) (NZ)
Financial Markets Authority
The Financial Markets Authority is warning the public of an illegal offer by Makko Securities and its Senior Account Manager, Roy Lochen, to provide broking services in relation to the proposed Initial Public Offering of Facebook and other securities. Makko Securities is not registered to...
Finance Minister to deliver Budget on 24 May (NZ)
Beehive.govt.nz
The Government will deliver Budget 2012 on Thursday, 24 May, Finance Minister Bill English announced today. “It will focus on implementing the Government’s clear and comprehensive plan to build a more productive and competitive economy,” he says. Within that plan, the...
Family, Legal Services
Minister’s request to defer Bill welcomed (28 February 2012) (NZ)
New Zealand Law Society
The New Zealand Law Society has welcomed the request by Justice Minister Judith Collins for the Legal Assistance (Sustainability) Bill to be deferred until completion of the Family Courts Review. Law Society President Jonathan Temm says the Minister’s action in requesting the Justice and...
Legal Services
Law Society to watch judicial review proceedings closely (28 February 2012) (NZ)
New Zealand Law Society
The New Zealand Law Society understands the serious concerns which has driven the Criminal Bar Association to seek judicial review of the introduction of fixed fees for criminal legal aid, it says. Law Society President Jonathan Temm says the Law Society will watch the judicial review proceedings...
Health
Standards for health research could become less stringent (27 February 2012) (NZ)
New Zealand Law Society
New Zealanders could participate in health research without the chance to give informed consent if draft procedures for health and disability ethics committees are adopted, the New Zealand Law Society says. The Law Society has released its submission on the Draft Standard Operating Procedures...
Criminal Sentencing
Bill to improve corrections system passes first reading (28 February 2012) (NZ)
beehive.govt.nz
A Bill that will improve prison safety and security and reduce prisoners’ access to contraband has passed its first reading in Parliament, says Corrections Minister Anne Tolley. “The Corrections Amendment Bill removes red tape, allows our prisons to operate more effectively and...
Review of Crown Law Office welcomed (28 February 2012) (NZ)
beehive.govt.nz
Attorney-General Christopher Finlayson has welcomed the findings of a review of the scope and focus of the Solicitor-General’s role and the operating model of Crown Law, released today. The review, by Auckland barrister Miriam Dean QC and Simpson Grierson Special Counsel David Cochrane,...
New appointment to Law Commission (28 February 2012) (NZ)
beehive.govt.nz
Minister Responsible for the Law Commission Judith Collins announced today that Hon Dr Wayne Mapp has been appointed as a new member of the Law Commission. “Wayne Mapp is a barrister and solicitor of the High Court of New Zealand. He has many years experience across a wide range of legal...
Education
Ministerial Inquiry to be established (27 February 2012) (NZ)
beehive.govt.nz
There will be a Ministerial Inquiry into the employment of a convicted sex offender in the education sector, Education Minister, Hekia Parata, announced today. The inquiry has been initiated after Ministers were informed late last week that a convicted sex offender had been arrested while...
Social Security
Welfare reform legislation to be introduced (27 February 2012) (NZ)
beehive.govt.nz
Social Development Minister Paula Bennett today announced that stage one of the National-led Government’s comprehensive welfare reforms will get underway next month. Delivering better public services is one of the Government’s four key priorities for its second term and welfare...
Family, Legal Services
Legal aid bill deferred (27 February 2012) (NZ)
www.beehive.co.nz
Justice Minister Judith Collins has asked the Justice and Electoral Committee to defer consideration of the Legal Assistance (Sustainability) Amendment Bill, until completion of the Family Court Review. “Many of the changes in the Bill relate to family matters and it would make more...
Environment, Tort
Deepwater Horizon victims ready for epic court battle with BP (24 February 2012) (USA)
Guardian
Trial to establish cause and fault for the worst oil spill in US history is set to begin in New Orleans federal court on Monday After thousands of hours of legal deliberations, the accumulation of 72m pages of documents and the recorded testimony of 303 witnesses, it will fall to an...
Intellectual Property
Apple forced to disable iPhone push email in Germany (24 February 2012) (EU)
Guardian
Ongoing patent dispute with Motorola will affect customers using Apple's MobileMe and iCloud email The patent wars are hotting up – and Motorola Mobility (MMI), the mobile device and set-top box company being acquired by Google, has struck a notable blow against Apple. The iPhone and...
Defamation
Top Gear libel case over Tesla electric sports car struck out (23 February 2012) (UK)
Guardian
High court rules that Jeremy Clarkson's review of the £92,000 Tesla Roaster was not capable of being defamatory Motor manufacturer Tesla has failed in its latest attempt to pursue a legal action against BBC2's Top Gear over a review of one of its electric sports cars. The...
Civil Procedure
Caution urged on proposed default judgment rule revision (22 February 2012) (NZ)
New Zealand Law Society
The New Zealand Law Society is worried that proposed changes to the default judgment procedure will result in extra expense and the removal of some rights. Comments provided by the Law Society to the Rules Committee on its consultation paper Proposed revision of default judgment and formal...
Judiciary
Appointment of Dr David Collins QC as High Court Judge (21 February 2012) (NZ)
Beehive.govt.nz
Solicitor-General David Brian Collins QC has been appointed a Judge of the High Court, Attorney-General Christopher Finlayson announced today. Justice Collins graduated with an LLB (Hons) (First Class) from Victoria University of Wellington in 1975, subsequently gaining an LLM in 1976 and an...
Accident Compensation, Employment
ACC levy reductions become law (21 February 2012)
Beehive.govt.nz
ACC levy reductions worth more than half a billion dollars a year to workers and businesses have been signed into law by Governor-General Sir Jerry Mateparae. As announced last year, ACC’s $3.5 billion surplus in 2010/11 and continuing improvements in rehabilitation rates have enabled...
Human Rights
Human rights groups call for end to surgical castration of sex offenders (22 February 2012) (EU)
Guardian
German government insists treatment enables 'suffering tied to abnornmal sex drive … to be cured or at least alleviated' Surgical castration of sex offenders, still practised by doctors in Germany, has been condemned as "degrading" in a human rights report. The European...
Maori
End near for iwi, retailer rent hearing (20 February 2012) (NZ)
NZ Herald
Hearings into Ngati Whatua's fight to increase ground rent on the first two properties in its 20ha of inner-city Auckland land are concluding. But the iwi's boss said his organisation had tried to strike an accord with building owners on its sites. Tiwana Tibble, chief executive of Ngati...
Resource Management
Power pylons ruin dreams of paradise on lifestyle blocks (20 February 2012) (NZ)
NZ Herald
Susie Jones thought it was paradise, a 5000sq m block of land at Te Miro in the Waikato with sweeping views of the Kaimai Ranges and as far north as the Firth of Thames. With her husband, Vince, she built her house in 2003 with spacious decks for the views. In late 2004, the Jones...
Intellectual Property
Dotcom in even more US trouble (19 February 2012) (Intl)
NZ Herald
New criminal charges have been laid against internet mogul Kim Dotcom by the United States as he awaits a decision on a fresh bid for freedom. The US Department of Justice yesterday released an updated indictment detailing its case against Dotcom and his Megaupload group of websites. The...