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Legal Services, Property

Legal fees and generous deposits for red zone (2 August 2011) (NZ)

beehive.govt.nz

The government has developed further details of its offer to buy the properties of insured Canterbury homeowners in the residential red zone, including legal support and generous deposit rates, Canterbury Earthquake Recovery Minister Gerry Brownlee announced today. “The package includes...

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Intellectual Property

Re-Compute - Patentability of Software in New Zealand Clarified, Again (26 July 2011) (NZ)

Baldwins

Following widespread criticism of the draft guidelines put forward earlier in the year, the Ministry of Economic Development (MED) has released an Explanatory Note to clarify how the proposed exclusion from patentability of software inventions should be implemented when the New Zealand Patents...

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Criminal Sentencing

Drug lord faces losing family home (2 August 2011) (NZ)

NZ Herald

A former drug baron could lose his share of a $1.3 million Westmere home. Ronald Terrence Brown made his money by importing ecstasy and methamphetamine through a sophisticated network involving laundered money, forged identities, and ingenious methods of international drug transporting. In...

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Employment

Members quit EMA after Thompson saga (2 August 2011) (NZ)

NZ Herald

Former business boss Alasdair Thompson's controversial comments on gender pay equity sparked the resignation of 16 Employers and Manufacturers Association members - including eight who agreed with him. The EMA board dismissed Mr Thompson on July 6, citing his conduct in June 23 interviews...

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Employment

'Drunk in charge of a soup spoon' (2 August 2011) (NZ)

NZ Herald

The Defence Minister says the suspension of the commanding officer of a Navy flagship is a significant issue because of his seniority. Wayne Mapp confirmed he'd been briefed on the suspension of Commander John William Butcher, in charge of the $540 million frigate HMNZS Te Mana. Read more

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Competition

Telecom, Vodafone bury the hatchet in TSO dispute (2 August 2011) (NZ)

NZ Herald

A long-running legal battle between the countries two largest telcos has been settled out of court, Telecom New Zealand and Vodafone announced. After seven years of protracted wrangling, the settlement puts an end to three cases before the Supreme Court, two High Court actions and a further...

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Environment, Indigenous Rights

Iwi fights park plan for kauri forest (2 August 2011) (NZ)

NZ Herald

A Government plan to turn Northland's giant kauri forest into New Zealand's 15th national park has hit a serious obstacle - a local iwi is opposing the project unless it can jointly run the asset. About 200 members of Te Roroa live at Waipoua Forest and regard themselves as ancestral guardians...

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Indigenous Rights, Property

Ngati Kahu wants 'ghost' power used (2 August 2011) (NZ)

NZ Herald

Ngati Kahu is using a precedent-setting decision to ask the Waitangi Tribunal to force the Government to hand back forestry land and other state-owned farms. It is a move which affects four other Far North iwi, who are about to settle Treaty grievances in their region. The tribe last month...

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Employment

Most women in workplace say sexist pay gap exists (2 August 2011) (NZ)

NZ Herald

Most women believe they get paid less than men simply because they are women but men are not so sure, a recent Herald-DigiPoll suggests. The survey found almost 65 per cent of women believed they were paid less because of their gender. Read more

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Resource Management

Official nod makes Wiri biggest prison precinct (2 August 2011) (NZ)

NZ Herald

The South Auckland suburb of Wiri will become the country's biggest prison precinct now approval has been given for a 1060-bed men's jail. A fast-track board of inquiry initiated by Environment Minister Nick Smith last November has ruled that the controversial $370 million project can go ahead...

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Liquor Licensing

Taradale Club faces booze ban after party (2 August 2011) (NZ)

Hawke's Bay Today

A suspension of Taradale Club's liquor licence following a raucous and later violent private Christmas function could "cripple" the club, its management claims. The club appeared before the Liquor Licensing Authority in Napier yesterday and admitted it had been "naive" in...

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Constitutional

Just what will he say? Harawira oath #2 (2 August 2011) (NZ)

NZ Herald

Mana Party leader Hone Harawira is making progress with plans to get the Parliamentary oath changed as he prepares for a second go at being sworn in as an MP. Mr Harawira, who reclaimed a place in Parliament after winning the Te Tai Tokerau by-election, is due to be sworn in tomorrow...

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Competition

Price control inquiry into milk not warranted (2 August 2011) (NZ)

Commerce Commission

The Commerce Commission has completed its review of domestic milk markets and has concluded that there is no valid basis for a price control inquiry under Part 4 of the Commerce Act at this time. A price control inquiry is undertaken to determine whether the Commission should recommend to the...

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Commercial, Environment

Report on the New Zealand Emissions Trading Scheme (1 August 2011) (NZ)

Ministry for the Environment

New Zealand’s emissions trading scheme (ETS) was introduced by the Government as the lowest cost way to reduce this country’s greenhouse gas emissions. This is the first annual report on the scheme. Forestry was the first sector of the New Zealand economy to join the ETS, on 1...

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Health

Dunne's law puts block on synthetic cannabis (2 August 2011) (NZ)

NZ Herald

Kronic and other synthetic cannabis will be pulled from New Zealand shelves within weeks - but manufacturers claim the move to ban their products is short-sighted and will be futile. Urgent legislation going before Parliament today will allow all 43 current synthetic cannabis products to be...

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Health

Claim fake cannabis ban won't work (2 August 2011) (NZ)

NZ Herald

Those working in the 'legal highs' industry believe banning certain products will only lead to the creation of new ones. Urgent legislation going before Parliament today will allow all 43 current synthetic cannabis products to be classed as "temporary controlled drugs" and withdrawn...

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Health

All synthetic cannabis products to be banned (1 August 2011) (NZ)

beehive.govt.nz

Law to ban synthetic cannabis products will be in place by Friday, and all 43 current products are expected to be out of shops just over a week later, Associate Health Minister Peter Dunne announced today. Cabinet has today approved amendments to the Misuse of Drugs Amendment Bill that will...

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Local Government

Editorial: People want local choices made locally (1 August 2011) (NZ)

NZ Herald

There is a place for a fast-track planning process that ensures decision-making does not bog down. Projects of national significance should not be hostage to undue complication. But there is a world of difference between these and developments that affect only a particular community. In such...

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Commercial

Gyms told to shape up over members contracts (1 August 2011) (NZ)

Commerce Commission

The gym industry is being advised by the Commerce Commission that many gyms may be breaking consumer credit law when customers pay for membership by instalments. The Commission recently investigated the gym membership contracts of 13 randomly chosen gyms around the country after receiving...

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Family

New bride reclaimed by parents (31 July 2011) (NZ)

NZ Herald

He did, she did - but her parents weren't having any of it. Police were last night scouring Auckland for a new bride after her mother and father reclaimed their daughter from her husband. Police said it was the first disagreement of the new family. Read more

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Employment

'Penthouse' posing ex-teacher in new job (31 July 2011) (NZ)

NZ Herald

The former teacher who was stripped of her teaching registration after posing nude in Penthouse magazine is working full time for the adult industry while appealing the decision. Rachel Whitwell, 29, the fiancee of porn king Steve Crow, said, "I think it is discrimination based on an...

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Employment

Radio NZ fight goes to SFO (31 July 2011) (NZ)

NZ Herald

A former Radio New Zealand news boss who has been fighting her sacking for more than six years has placed a new dossier in front of the Serious Fraud Office, alleging money went missing from the state broadcaster between 1999 and 2003. But the toll on Lynne Snowdon has been severe. She was...

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Health, Human Rights

Bias against obesity 'cost me fight for gastric band' (31 July 2011) (UK)

guardian.co.uk

Tom Condliff, who has failed in a legal attempt to force his NHS trust to operate on him, speaks of his anger A 22-stone diabetic who could have just months to live after his health authority refused to pay for him to be fitted with a gastric band has attacked British society for stigmatising...

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Intellectual Property

Internet pirates laugh at new law (30 July 2011) (NZ)

NZ Herald

The worst illegal downloaders are likely to escape detection under a new law against internet piracy. From September 1 entertainment companies will be able to catch downloaders by posing on the internet as other file sharers and then recording details of each item they send to the downloader's...

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Intellectual Property

Heroes claim by heirs fails to fly in court (30 July 2011) (USA)

NZ Herald

Spider-Man, X-Men, Iron Man and The Incredible Hulk can save the world from evil through superhuman feats, but it took a federal judge to decide who legally owns the rights to the lucrative characters. United States District Judge Colleen McMahon ruled that they and other Marvel Worldwide...

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Immigration

Gerard Otimi Sentenced (29 July 2011) (NZ)

Department of Labour

Immigration New Zealand says that the sentencing of an Aucklander over an immigration scam sends a strong message to prospective scammers. Gerard Otimi was sentenced at the Manukau District Court today to 18 months in jail after being convicted of 38 charges of altering a document with intent...

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Defamation

How rude should theatre critics be? (29 July 2011) (UK)

guardian.co.uk

Legal action against a 'malicious' book review has revived an old question: can critics stay honest without giving offence? I was out of the country last week and have only just caught up with the legal action brought by Sarah Thornton against the Telegraph over a book review by Lynn Barber...

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Intellectual Property

High court forces BT to block file-sharing website (28 July 2011) (UK)

guardian.co.uk

Win for Hollywood studios as UK high court rules BT must block access to Newzbin2 Hollywood film studios won a landmark UK high court ruling on Thursday forcing BT to block access to an illegal file-sharing website accused of operating "on a grand scale". The Motion Picture...

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Criminal

Former National Finance Director convicted following SFO investigation (27 July 2011) (NZ)

Serious Fraud Office

Trevor Allan Ludlow (52), the former director of National Finance 2000 Limited (National Finance), has been convicted in the Auckland District Court of seven charges relating to theft by a person in a special relationship and false accounting, following an investigation by the Serious Fraud...

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Liquor Licensing

Police take liquor store to court for selling legal Kronic (28 July 2011) (NZ)

NZ Herald

An inner-city Auckland Liquor store owner is angry he was targeted by a police staffer who took him to court and threatened to take away his license for selling legal synthetic cannabis products. The Liquor Licensing Authority today heard an application from police to suspend, cancel or vary...

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Civil Procedure

Complaint over key snatch by court guard (28 July 20110 (NZ)

NZ Herald

Investigating a man's complaint that North Shore Court security staff "ran off" with his car keys so court officials could serve him with civil papers. Lee Du Bray alleges the court staff acted outside their authority and has complained to the ministry. Read more

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Fair Trading

A brush too far for L'Oreal (28 July 2011) (NZ)

NZ Herald

Every woman can enjoy flawless skin like Christy Turlington and Julia Roberts, the L'Oreal advertisements promised. But the cosmetics giant has been forced to withdraw the claim in Britain after a watchdog found the public had been misled by manipulated images. Read more

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Property

Estate agents in fist fight (28 July 2011) (NZ)

NZ Herald

Two female real estate agents came to blows over the sale of an apartment in a fight that left both with minor injuries - and a fine. The catfight erupted in front of onlookers at an inner-Auckland apartment that both agents - Hulan (Wendy) Feng of City Sales and Soon (Fiona) Lee of LJ Hooker...

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Intellectual Property

Smartphone firms in patents battle (28 July 2011) (NZ)

NZ Herald

The smartphone industry is in an arms race for patents that is hurting consumers and leaving Google to "sort through the mess" of litigation, says the company's general counsel Kent Walker. Google, whose Android mobile operating system has been targeted in at least six legal...

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Intellectual Property

Star Wars costume maker strikes back against Lucasfilm movie empire (27 July 2011) (UK)

guardian.co.uk

British prop artist Andrew Ainsworth free to sell replica helmets, court rules, but now open to US copyright claims Star Wars may have been a cinematic blockbuster, but its costumes were never high art – a view now confirmed by the supreme court, which has ruled that an imperial...

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Human Rights

Vedanta bosses clash with protesters over pollution and human rights (27 July 2011) (Intl)

guardian.co.uk

Board of Indian mining company faces barrage of hostile questions at annual meeting Anger erupted inside and outside Vedanta's annual meeting on Wednesday as campaigners protested against the mining company's environmental and human rights record. Scores of people picketed the building...

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Human Rights

American ruling should revive body scanner debate in UK (27 July 2011) (UK)

guardian.co.uk

The TSA technology has been declared lawful in US airports, but human rights groups are awaiting a response to objections raised in UK On Christmas Day 2009, a man boarded a flight from Amsterdam to Detroit and allegedly tried to detonate a bomb hidden in his underwear. Thought to be a failed...

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Taxation

More tax evaders nabbed, says IRD (27 July 2011) (NZ)

NZ Herald

Inland Revenue says it is beating the targets set when its funding was boosted last year to chase tax evaders. It was given an extra $119.3 million in the 2010 Budget over four years, which Commissioner of Inland Revenue Robert Russell says was to target the hidden economy, debt recovery and...

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Insolvency, Property

Lighter Quay manager gone by Friday (27 July 2011) (NZ)

NZ Herald

A deal to resolve issues at troubled five-star hotel the Westin Auckland Lighter Quay is on the cards after a global hotel giant said it would leave the premises this week. Graham Wilkinson, who runs rival Hotel Viaduct Harbour within the walls of the Westin at discount rates, hopes his new...

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Criminal

Police investigate AUT's missing $500k (27 July 2011) (NZ)

NZ Herald

Hundreds of thousands of dollars have gone missing from the accounts of a taxpayer-funded Auckland university. AUT is making an urgent audit into the suspected theft but would not reveal any details, including whether a staff member was responsible, how long the alleged offending remained...

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Fair Trading

All Blacked out... name gets red card (27 July 2011) (NZ)

NZ Herald

A small business owner whose company has the same name as the All Blacks has painted out his signs and business cards after the Rugby Union threatened legal action to protect its trademarks. Khaled Sophie's New Lynn business has been called All Black Tyres and Automotive Care since he...

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Company

Shareholder group joins battle (27 July 2011) (NZ)

NZ Herald

The Shareholders Association has stepped into the messy Vital Property Trust squabble, calling for its manager to be paid $8.5 million less than the deal now on the table. John Hawkins, association chairman, wants a $5.5 million severance payment to ANZ Bank's OnePath, a much-reduced figure on...

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Gambling

Gambling inspectors and police raid poker tournament (27 July 2011) (NZ)

NZ Herald

Gambling inspectors and police raided a Hamilton tavern on Sunday, where it was thought an illegal poker tournament was being held. Internal Affairs department acting director of gambling compliance Debbie Despard said a search warrant was executed after it was discovered a tavern was...

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Employment

Builder loses injury appeal (27 July 2011) (NZ)

NZ Herald

A construction firm lost an appeal against its conviction when a worker had two leg bones broken on an Auckland building site. Builders Corner took the Department of Labour to the High Court at Auckland to be cleared of one count under the Health and Safety in Employment Act but Justice...

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Criminal Sentencing

Judge: Killing mate high enough price (27 July 2011) (NZ)

NZ Herald

A Bay of Plenty man who caused the death of his mate when he crashed a powerboat into a harbour marker has escaped conviction. Keith Clifford Longley, 65, was discharged without conviction in the Tauranga District Court yesterday after a judge acknowledged the "significant price" he...

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Criminal

Police employee hid weapons in mannequins (27 July 2011) (NZ)

NZ Herald

A Wellington police employee is on trial at Wellington District Court after allegedly hiding fully and semi-automatic weapons inside plastic mannequins. The guns were found inside the torso and legs of hollow, uniformed mannequins in a locked room at the 44-year-old man's Johnsonville home,...

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Company, Environment

Opportunities for NZ in Australia's carbon scheme (27 July 2011) (NZ)

NZ Herald

The Australian government has just announced its Clean Energy Future Plan. This package includes a carbon tax on the 500 biggest emitting companies as well as billions to be invested in renewable energy, energy efficiency and agricultural emission reductions. Households are to be compensated for...

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Legal Services

Making law accessible to the public (26 August 2011) (UK)

guardian.co.uk

As legal aid reforms threaten access to lawyers, there are three relatively inexpensive ways to improve public access to law   What is a "tort"? No, not a rich, multilayered cake, but rather an "actionable wrong". Tort law is also the means through which five...

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Contract

Gordon Ramsay to feel the heat of NZ court (26 July 2011) (NZ)

NZ Herald

Foul-mouthed celebrity chef Gordon Ramsay is set to stand trial in New Zealand for allegedly causing an events company to lose $2.2 million by cancelling his appearance at sold-out charity events here. Ramsay, who charged a $100,000 appearance fee, was to take part in three charity dinners in...

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Insolvency, Taxation

IRD chasing McCarten's Unite union over taxes (26 July 2011) (NZ)

NZ Herald

Inland Revenue is chasing unionist Matt McCarten's Unite Support Services Ltd. for $150,750 in unpaid taxes after the department forced the company into liquidation last month. McCarten's vehicle, which supplied administrative support services to the youth-orientated union Unite Inc., was put...

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