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Holistic approach on credit industry supported (5 September 2011) (NZ)
NZ Law Society
The New Zealand Law Society says it supports the approach of the Law Commission to regulation of the credit industry, and believes all obligations should be included in one piece of legislation. In its comments to the Law Commission on the Commission’s Review of the Credit (Repossession)...
Privacy
Increased use of 'personal drones' needs urgent regulation (5 September 2011) (UK)
guardian.co.uk
Reports of spy drones used by media corporations could constitute misuse of private information and harassment The military use of "spy drones" is very well established. United States Air Force drones have now done more than a million "combat hours". Drones have been used...
Immigration
The failure of Australia's 'Malaysia Solution' is a positive step for refugees (4 September 2011) (AUS)
guardian.co.uk
The ruling that Australia can no longer send 'boat people' back to Malaysia shows countries cannot dodge their refugee obligations This week, Australian immigration policy was dealt a significant blow by a judgment of the high court of Australia on the so-called "Malaysia...
Criminal Sentencing
Editorial: Entertainers don't deserve court leniency (6 September 2011) (NZ)
NZ Herald
Associate Professor Bill Hodge, of the Auckland University law school, drove straight to the nub of the matter in commenting on the comedian who last week walked free after facing sex charges involving his 4-year-old daughter. "If he'd been an auto mechanic, he would have been down the...
Legal Services
Counsel Assisting appointed for victims’ families (5 September 2011) (NZ)
www.beehive.govt.nz
Christchurch lawyer Marcus Elliott has been appointed Counsel Assisting the Royal Commission of Inquiry into Building Failure Caused by the Canterbury Earthquakes, with a specific focus on representing the interests of victims' families, Attorney-General Christopher Finlayson said today....
Environment, Resource Management
Draft Recovery Strategy released for review (5 September 2011) (NZ)
www.beehive.govt.nz
Cabinet has signed off the release of the Canterbury Earthquake Recovery Authority’s draft Recovery Strategy for public consultation, Earthquake Recovery Minister Gerry Brownlee announced today. "While the initial recovery is well underway in Canterbury, this strategy sets out a...
Environment, Resource Management
Most of Port Hills land now zoned green (5 September 2011) (NZ)
www.beehive.govt.nz
More than 9700 residential properties in the Christchurch Port Hills area have been rezoned from white to green, Canterbury Earthquake Recovery Minister Gerry Brownlee announced today. "This means these homeowners can now get on with the process of repairing or rebuilding their homes if...
Criminal
Nathans director's bid for bail declined (6 September 2011) (NZ)
NZ Herald
An application for bail by convicted Nathans Finance director Roger Moses has been dismissed by the High Court in Auckland. Company chairman Moses was sent to jail for two years and two months last week and ordered to pay $425,000 in reparations, while fellow director Mervyn Doolan was...
Insolvency
Receivers tread carefully after Hubbard's death (6 September 2011) (NZ)
NZ Herald
The death of Timaru financier Allan Hubbard makes little difference to the ongoing sale of his businesses - but compassion is being exercised. Kerryn Downey, South Canterbury Finance receiver at McGrathNicol with William Black, said SCF staff numbers were gradually being reduced, offices in...
Human Rights, Immigration
Call to sack academic over 'racism' (6 September 2011) (NZ)
NZ Herald
Ngapuhi leader David Rankin has called for the University of Auckland to dismiss prominent Maori academic Professor Margaret Mutu, labelling her the "Robert Mugabe of New Zealand politics". Mr Rankin made the comment after Professor Mutu said there should be a cap on the number of...
Liquor Licensing
Piha Cafe finally wins approval to serve alcohol during Cup (6 September 2011) (NZ)
NZ Herald
The Piha Cafe will offer something stronger than organic icecream from Saturday after succeeding with one of two bids for a liquor licence. Owners Pete and Pattie Dillon were yesterday preparing the rustic 35-seat premises for the on-licence granted by the Auckland Council for one year. This...
Privacy
Facebook claimant's passwords revealed (6 September 2011) (USA)
NZ Herald
Paul Ceglia, who claims a 2003 contract with Mark Zuckerberg made him a partner in Facebook, said the company's lawyers committed an "egregious and massive violation" of his privacy by publishing his email passwords. Facebook's lawyers, from Gibson, Dunn & Crutcher, included...
Insolvency
Goff: Release cash for Hubbard funeral (4 September 2011) (NZ)
NZ Herald
Labour leader Phil Goff has called on the statutory managers of Allan Hubbard's business affairs to release cash to pay the funeral costs for the South Island financier who was killed in a car accident on Friday. Mr Goff offered his party's condolences to Mr Hubbard's widow Jean who remains in...
Criminal, International
Sir Mark Allen: the secret link between MI6, the CIA and Gaddafi (4 September 2011) (Intl)
guardian.co.uk
Former counter-terrorism chief is the only British intelligence officer named so far named in the Tripoli files The key figure behind secret co-operation between western spy agencies and the Gaddafi regime – and the only British intelligence officer so far identified in the documents...
Environment
Auckland volcanoes up for heritage status again (2 September 2011) (NZ)
NZ Herald
Auckland's volcanic field is again being mooted for Unesco World Heritage status after the Government reignited work that was stalled by Treaty negotiations. New Zealand has three sites with the designation - Tongariro National Park, Sub Antarctic Islands and Te Wahipounamu, which includes...
Criminal
Thank tha police... Tiki charges dropped (5 September 2011) (NZ)
NZ Herald
Charges have been dropped against musician Tiki Taane after police opted to settle the controversial case out of court. Western Bay of Plenty police Inspector Karl Wright-St Clair said last night that Mr Taane's arrest resulted from a misunderstanding, and that police now respected his right...
Taxation
Hard line on tax avoidance (4 September 2011) (NZ)
NZ Herald
Small-business owners beware - last week's Supreme Court decision on the Christchurch surgeons who used trusts to avoid tax has implications for you. The court decided in favour of Inland Revenue, saying the two surgeons, who gained significant tax savings by channelling income from their...
Resource Management
RMA responsible for high cost of housing - Brash (3 September 2011) (NZ)
NZ Herald
The high cost of housing in New Zealand - Auckland especially - is caused by Resource Management Act red tape, says ACT Party leader Don Brash. Home prices had outstripped Canada, Ireland, Britain and the United States, he told the party's Auckland regional conference today Read more
Legal Services
Legal aid win delays Bridgecorp trial (3 September 2011) (NZ)
NZ Herald
The trial of five Bridgecorp directors could be delayed until next month after one of the defendants was granted legal aid. The Crown case against Rod Petricevic, Robert Roest, Gary Urwin, Peter Steigrad and Bruce Davidson for allegedly misleading investors about Bridgecorp's financial health...
Taxation
IRD clarifies stance after tax-avoidance verdict (2 September 2011) (NZ)
NZ Herald
The Inland Revenue Department has clarified its stance after a landmark Supreme Court decision in the so-called "Penny and Hooper" tax avoidance case last week. Christchurch orthopaedic surgeons Ian Penny and Gary Hooper used company structures and family trusts to artificially lower...
Human Rights, International
UN anti-racism committee urges UK to suspend eviction of Gypsy families (2 September 2011) (UK)
United Nations
The United Nations committee tasked with combating racial discrimination today voiced deep regret at the insistence by United Kingdom authorities that Gypsy and Irish Traveller families in the county of Essex will be evicted with no culturally appropriate alternative accommodation provided to...
International
Turkey to challenge Gaza blockade at International Court of Justice (3 September 2011) (Intl)
guardian.co.uk
Turkish announcement appears to rebuff attempts by UN secretary general Ban Ki-Moon to end its row with Israel Turkey is to challenge Israel's blockade on Gaza at the International Court of Justice, amid a worsening diplomatic crisis between the once close allies. The announcement by...
Legal Services
Shop around for legal advice (31 August 2011) (UK)
guardian.co.uk
While some solicitors regard the legal retail outlets springing up in shopping centres as tacky they can only be good for the public f you're wondering what to get a loved one for their birthday, then look no further than a LawStore gift voucher. "Nothing could be more thoughtful than the...
Family
Extramarital affairs no longer leading reason for divorce in UK (31 August 2011) (UK)
guardian.co.uk
Falling out of love replaces infidelity as top cause of marriage breakdown in survey of divorce lawyers Extramarital affairs are no longer the leading reason why couples decide to split up, according to accountancy firm Grant Thornton's latest annual study of divorce in the UK. Instead,...
Criminal Evidence
US court puts reliability of eyewitnesses under scrutiny (30 August 2011) (USA)
guardian.co.uk
After a number of witness mistakes in UK, perhaps judges here should make similar efforts to unpick the tricks memory can play The New Jersey supreme court has raised questions about one of the most powerful tools the prosecution has at its disposal in trial – the eyewitness. Witness...
Intellectual Property
Monster $1.3b Oracle copyright award thrown out by judge (2 September 2011) (USA)
NZ Herald
US judge has tossed out a $US1.3 billion dollar award for damages that a jury ordered German business software giant SAP to pay US rival Oracle for copyright infringement. US District Court Judge Phyllis Hamilton referred to the record-setting jury award as "grossly excessive"...
Privacy
Microsoft sued over Windows Phone 7 location tracking (2 September 2011) (USA)
NZ Herald
Microsoft is in the crosshairs of a lawsuit charging that smartphones powered by Windows 7 software noted the whereabouts of users even if they didn't want to be tracked. A suit filed a day earlier on behalf of a woman from the US state of Michigan maintained that Microsoft gathered location...
Banking and Finance
New anti-money laundering code sets standard for customer ID checks (1 September 2011) (NZ)
Reserve Bank of New Zealand
Customers of financial institutions and casinos can expect more stringent identity checks in the lead up to 30 June 2013, when anti-money laundering legislation comes fully into force. Businesses now have access to guidance on the standard those identity checks should meet. The Anti-Money...
Fair Trading
Prepaid phone card company fined $100,000 for misleading posters (1 September 2011) (NZ)
Commerce Commission
A company that misled consumers about what it would really cost them when they used their prepaid phone cards has been fined $100,000 in the Auckland District Court for breaches of the Fair Trading Act. Tel.Pacific New Zealand Ltd pleaded guilty to 33 charges of breaching the Fair Trading Act...
Intellectual Property
Facebook chases emails over 'fraud' (NZ)
NZ Herald
A man suing for part ownership of Facebook must give lawyers for the social-networking company access to every email he has exchanged since 2003, a federal judge ruled yesterday. Judge Richard Arcara denied Paul Ceglia's request to delay Facebook's access to his emails so he could object on...
Fair Trading, Intellectual Property
RWC: Don't hijack Cup brand, warn vigilant organisers (1 September 2011) (NZ)
NZ Herald
New Zealand is in an advertising lockdown during the Rugby World Cup as vigilant organisers watch out for marketers and advertisers hijacking the tournament's brand. The International Rugby Board, Rugby New Zealand, the Ministry of Economic Development and local councils are working together...
Intellectual Property
New rules on downloading now in force (1 September 2011) (NZ)
NZ Herald
Internet companies are required to comply with new copyright laws from today and although some say they are ready and waiting, one provider is anxious it could be overwhelmed with extra work. The Government's "three strikes" system requires internet companies to issue warning notices...
Tort
Spy-base trio liable for damage, court rules (1 September 2011) (NZ)
NZ Herald
The three men responsible for damaging the Waihopai Valley satellite dome in 2008 are liable for damages, the High Court at Wellington has found. Attorney-General Chris Finlayson, claimed $1.2 million in damages. The amount of damages the defendants may have to pay will be considered at...
Education
Previous complaints at tape row school (1 September 2011) (NZ)
NZ Herald
A former chairman of an embattled Coromandel school's Parent Teachers Association says he hopes an investigation into a teacher who allegedly taped pupils' mouths shut will bring about positive changes at the school. David Harvey said the Mercury Bay Area School PTA committee he heard several...
Property
Housing NZ drops Mob eviction bid (1 September 2011) (NZ)
NZ Herald
Housing New Zealand has dropped a $1 million legal bid to evict three women with Mongrel Mob connections from their Lower Hutt state homes. Robyn Winther, Huia Tamaka and Billy Taylor were given 90 days to leave their Farmer Crescent houses in March 2009 after neighbours complained of...
Judiciary
Acting Chief Coroner appointed (1 September 2011) (NZ)
www.beehive.govt.nz
Waikato Coroner Gordon Matenga has been appointed Acting Chief Coroner from 1 September until 31 October while Judge Neil MacLean is on leave, Attorney-General Christopher Finlayson announced today. Coroner Matenga has been hearing evidence at the inquest for the victims of the Christchurch...
Commercial
Changes to CER Rules of Origin a boost to trans-Tasman trade (1 September 2011) (NZ)
www.beehive.govt.nz
Changes to the Rules of Origin under the Australia New Zealand Closer Economic Relations Trade Agreement (CER), will reduce costs for exporters Customs Minister Maurice Williamson and Trade Minister Tim Groser say. The Rules of Origin determine which products are “New Zealand" or...
Criminal Procedure
Hamilton second city to benefit from court audio- visual links (1 September 2011) (NZ)
Justice Minister Simon Power and Corrections Minister Judith Collins today welcomed the rollout of court audio-visual links (AVL) to Hamilton. The Hamilton AVL facility links Hamilton District Court with Waikeria Prison and is the second of four court/correction facilities to receive the...
Transport
Motorcycle licensing changes announced (1 September 2011) (NZ)
www.beehive.govt.nz
The government has confirmed a series of Rule changes that will improve the licensing and safety of motorcycle riders. Transport Minister Steven Joyce says the changes will strengthen assessments andtesting to ensure novice motorcyclists are better prepared to drive safely on the road....
Transport
Govt confirms give way rule changes for 2012 (1 September 2011) (NZ)
www.beehive.govt.nz
Transport Minister Steven Joyce has signed a Rule that will change the give way rules at intersections from March 2012. He says the changes will help reduce confusion on our roads by removing some of the demands the current rules place on drivers’ decision-making at intersections....
Immigration
New appointment to Immigration and Protection Tribunal (31 August 2011) (NZ)
www.beehive.govt.nz
Christchurch lawyer Matthew Martin has been appointed a member of the Immigration and Protection Tribunal, Associate Justice Minister Nathan Guy announced today. The independent tribunal was established under the Immigration Act 2009 to consider all immigration, deportation, refugee, and...
Maori
Minister appoints Waitangi Tribunal members (31 August 2011) (NZ)
NZ Herald
The Minister of Māori Affairs, Dr Pita Sharples, today announced the appointment of Ronald Crosby and Kaa Williams to the Waitangi Tribunal, each for a term of three years. Ronald Crosby and Kaa Williams are new appointees to the Waitangi Tribunal, and they will join Dr Richard Hill, Dr Monty...
Tort
Crown wins right to sue Waihopai trio (31 August 2011) (NZ)
NZ Herald
The three men who sabotaged a radar dome at Marlborough's Waihopai Valley spybase in 2008 should be liable to pay damages of $1.2 million, according to a High Court decision. The High Court has awarded the Crown the right to pursue the three men who broke into the Spy Base for damages. Read...
Insurance
Supreme Court stops broker's appeal for insurance payout (31 August 2011) (NZ)
NZ Herald
An Auckland business broker has lost his chance to argue for an insurance payout from AMI after a fire at his Epsom house which had weathertightness issues. Paul Devcich cannot go to the Supreme Court after yesterday's decision. Read more
Fair Trading, Intellectual Property
NZ in advertising lockdown for Rugby World Cup (31 August 2011) (NZ)
NZ Herald
New Zealand is in an advertising lockdown during the Rugby World Cup as organisers keep a vigilant eye out for marketers and advertisers hijacking the tournament's brand. The International Rugby Board, Rugby New Zealand, the Ministry of Economic Development and local councils across the...
Commercial
igovt Scheme set for expansion (30 August 2011) (NZ)
www.beehive.govt.nz
New legislation and an agreement with New Zealand Post means that igovt services are set for expansion across the public sector, and potentially into the private sector, says Internal Affairs Minister Nathan Guy. “The Electronic Identity Verification Bill has been introduced to...
Banking and Finance
Regulations to improve supervision regime for trustees (30 August 2011) (NZ)
www.beehive.govt.nz
Cabinet has approved regulations to support the licensing regime for trustees and statutory supervisors, Commerce Minister Simon Power announced today. The Securities Trustees and Statutory Supervisors Act 2011 creates a licensing regime for all corporate trustees, including trustees of...
Taxation
Dunne: Tax bills pass into law (30 August 2011) (NZ)
www.beehive.govt.nz
Two tax bills guided through Parliament by Revenue Minister Peter Dunne have now been enacted. The Taxation (Tax Administration and Remedial Matters) Bill and the Student Loan Scheme Bill received Royal Assent yesterday. Mr Dunne said both pieces of legislation are significant for New...
Criminal
Corporate homicide law extended to prisons and police cells (28 August 2011) (UK)
guardian.co.uk
Legal change could make authorities liable for large fines over deaths in custody Police forces, prisons and youth detention centres face prosecution for corporate homicide from this week if an individual dies in their custody. In the 10 years between 1999 and 2009, 333 people died in or...
Banking and Finance
Goldman Sachs targeted as 'Jaws' joins battle over banking crash (28 August 2011) (USA)
guardian.co.uk
Adrift in a sea of lawsuits as shareholders sue for millions, the bank is a soft target for mocking critics He is known as "Jaws", the perfect nickname for a lawyer entangled in a lawsuit filed against a massive investment bank that has been dubbed a "vampire squid" by its...