News

Cabinet has agreed to amend the ‘claim of right' defence so only those who believed they had a right in the property concerned could use the defence, Justice Minister Simon Power announced today. The Solicitor-General recommended in April that the Minister review the defence after...

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New Zealand needs a greater range of residential programmes capable of providing for people requiring compulsory drug and alcohol treatment. The Law Commission’s latest report, Compulsory Treatment for Substance Dependence, proposes replacing the out-dated Alcoholism and Drug Addiction...

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A wealthy British businessman is bringing a £5 million ($10.5 million) compensation claim against Colonel Muammar Gaddafi and his Government, alleging that he was kidnapped and tortured by the Libyan security services. Read more

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Legislation introducing the change to a split drinking age will be one step closer after it is tabled in Parliament next week, Justice Minister Simon Power says. Read more

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Overcharging was the most frequent type of complaint made to the Lawyers Complaints Service in the year to 30 June 2010. The annual report of the New Zealand Law Society on the exercise of regulatory functions and powers for the year to 30 June 2010 was tabled in Parliament by Justice Minister...

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New Zealand Law Society inspectors carried out 544 reviews of the trust accounts of legal practices in the year to 30 June 2010, according to the Society’s annual report on the exercise of regulatory functions and powers. The report was presented to Parliament on 29 October by the...

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The New Zealand Law Society made submissions on 97 Bills and discussion documents in the year to 30 June 2010. The Society’s annual report on the exercise of its regulatory functions and powers was tabled in Parliament by Justice Minister Simon Power on 29 October. Read more

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Citizens in Wellington have more lawyers available to them than anywhere else in the country, according to information from the New Zealand Law Society. At 1 November 2010, Wellington was the workplace for 11.07 lawyers per 1,000 inhabitants. This was well ahead of the next most-lawyered...

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Racism and xenophobia still ravage contemporary society and no state is immune to their effects, the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Githu Muigai, said today. “Racism and xenophobia are not...

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Secretary-General Ban Ki-moon today welcomed a historic new United Nations treaty on sharing the genetic wealth of the Earth with developing nations and communities, calling the agreement a significant step to reaching global development goals. The new protocol to the UN Convention on...

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Fluoride toothpastes, anti-dandruff shampoos and anti-pimple creams commonly sold in supermarkets will no longer be treated like medicines once new regulations have been drafted and approved. Health Minister Tony Ryall says, "Cabinet has approved policy changes that pave the way for the...

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Environment Minister Nick Smith today announced the five Crown appointees to the Waikato River Authority to enable it to take up its statutory functions with Waikato River iwi representatives from 25 November. "I am pleased to announce that John Luxton will co-chair the Waikato River...

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Taxpayer funded, interest free loans will no longer be available to drunk or dangerous drivers, Acting Minister for Social Development Judith Collins said today. "The current policy on this is very clear. Anyone who loses their licence due to a driving offence should not expect to be...

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Banking giant HSBC was yesterday given the green light to sell troubled businessman Ivan Erceg's $6.5 million boatyard when a High Court judge ordered chattels to be removed from the site. Read more

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The US Supreme Court will hear oral argument in Schwarzenegger v. Entertainment Merchants Ass'n. The case involves a challenge to a California law that restricts the sale of violent video games to minors. The U.S. Court of Appeals for the Ninth Circuit invalidated the law as a violation of the...

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The Commerce Commission is taking a close interest in ensuring businesses cashing in on the opportunities presented by the 2011 Rugby World Cup play by the rules – in particular the Commerce Act, Fair Trading Act and Credit Contracts and Consumer Finance Act (CCCF Act). The Commission...

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From 1 November 2010 the Commerce Commission assumes responsibility for requesting or approving electricity grid upgrade plan proposals by Transpower New Zealand Limited. Previously approval of grid upgrade plans was part of the Electricity Commission’s role. This transfer of roles is...

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The Commerce Commission today released its revised draft input methodologies determinations for gas pipeline services for technical consultation. A revised draft determination for each of gas distribution and gas transmission services has been released. This is expected to be the...

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With the Electricity Authority coming into existence today a significant milestone in the government's reforms of the electricity sector has been reached, Energy and Resources Minister Gerry Brownlee says. From today, the Electricity Authority will replace the Electricity Commission and be...

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Minister of Revenue Peter Dunne has confirmed the Government's intention to abolish gift duty, saying the decision would be welcomed by taxpayers generally as the rules were resulting in a high level of compliance costs and were no longer raising any significant revenue. "Earlier...

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Individual MPs use of travel perks - such as what was used by Act leader Rodney Hide to take his fiance on an overseas holiday - will now be kept secret under new rules. Speaker Lockwood Smith defended the changes, released this afternoon, saying that the money available for the MPs' overseas...

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The Attorney-General, the Hon Christopher Finlayson, has acknowledged a letter from the New Zealand Law Society outlining the Society’s concerns about the effect of earthquake recovery legislation on the rule of law. Law Society President Jonathan Temm wrote to Mr Finlayson on 30...

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New Zealand lawyers are being reminded of a request to record information on their legal education in the period from 1 July 2010 to 30 June 2011. The information obtained will be used to assist the New Zealand Law Society in its development of appropriate continuing legal education programmes...

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The Minister of Foreign Affairs Murray McCully and the Minister of Justice Simon Power are welcoming the election of Justice Lowell Goddard to the United Nations Subcommittee on the Prevention of Torture. Justice Goddard, who is the chair of the Independent Police Conduct Authority, was...

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Parliament today passed an amendment to the Summary Proceedings Act to address a technical error which has resulted in the misclassification of approximately 46,000 minor property offences since June 2008. Justice Minister Simon Power said the misclassification, which arose out of an...

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The Commissioner for Financial Advisers has taken the last formal step required for the introduction of the new financial advisers regulatory regime, with publication in the Gazette that 1 December 2010 will be the date on which the Code of Professional Conduct for Authorised Financial Advisers...

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The High Court in Auckland has declined applications by Bluestone Mortgages NZ Limited and two other entities for leave to apply for summary judgment, and alternatively to strike out claims brought by the Commerce Commission. The Commerce Commission has filed civil proceedings in the High...

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The Crown and Ngāti Apa ki te Ra Tō have signed the second Deed of Settlement to be completed in the northern South Island (Te Tau Ihu) this year, Treaty Negotiations Minister Christopher Finlayson announced today. The Deed of Settlement sets out commercial redress worth over $28 million and...

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The security of workers in the film industry and The Hobbit in New Zealand has been secured with the passing of the Employment Relations (Film Production Work) Amendment Bill into law, says Minister of Labour Kate Wilkinson. "This law provides certainty to the film industry in New...

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The Government is undertaking detailed costings and analysis of the Law Commission's report on the review of the War Pensions Act 1954, Veterans' Affairs Minister Judith Collins said today. "I am pleased with progress to date on this large and complex piece of work," Ms Collins said....

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Commerce Minister Simon Power says Cabinet has approved regulations which set out the details of disclosure statements required under the Financial Advisers Act 2008. "These regulations are another important step in the Government's work programme to improve investor confidence in our...

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A new national policy statement will give councils clearer direction on protecting and managing New Zealand's coastal environment, including our top surf breaks, says Minister of Conservation Kate Wilkinson. "The Government made a commitment to deliver more national guidance on...

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Fisheries and Aquaculture Minister Phil Heatley has welcomed the new New Zealand Coastal Policy Statement (NZCPS) announced today by Conservation Minister, Kate Wilkinson. The NZCPS sets out policies on coastal issues which impact on aquaculture and fisheries, including the protection of...

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Trade mark infringement can take place even if a buyer is only confused about one company appearing to be another at the very start of the purchasing process, the High Court has ruled. Even if the confusion has been cleared up by the time the purchase is made, that 'initial confusion' can...

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A preliminary ruling in the St Williams's boys school abuse case has ramifications for future legal actions against the care system. This week, the question of who is potentially liable for the alleged physical and sexual abuse of 150 pupils at St William's boys' school in east Yorkshire...

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The principles of the Marine and Coastal Area Bill are ones that New Zealanders also understand and support - access to justice and property rights, writes Attorney-General Chris Finlayson. David Round ("Access under threat", ODT, 25.10.10) still pushes the myth that public access...

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The Court of Appeal reserved its decision today on an IHC appeal of an Employment Court decision that staff working sleepover shifts should be paid a minimum hourly rate, rather than an allowance. IHC subsidiaries, Idea Services and Timata Hou, have been put into statutory management, saying...

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The law change that was part of the deal to clinch The Hobbit for New Zealand was still being heatedly debated when Parliament adjourned last night. The change will create a rule for film workers, ensuring that if they sign up as independent contractors they cannot subsequently take legal...

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The New Zealand Law Society has signed a partnership agreement with Massey University for the delivery of mediation training to lawyers. The agreement was signed by the chair of the Board of NZLS CLE Ltd, Christine Grice, and Massey University Vice-Chancellor Steve Maharey. The programme...

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Remuneration, compliance costs and bureaucracy are seen by many in the legal profession as reasons why some competent and experienced lawyers are not participating in New Zealand’s legal aid system. In its submission on the Legal Services Agency’s discussion paper on proposals for...

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The Commerce Commission today released a draft report on its review into whether Telecom New Zealand Limited faces competition in the provision of the unbundled bitstream access (UBA) service. The UBA service is a wholesale broadband service that allows telecommunications operators to...

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More parole-eligible prisoners are being kept behind bars and those who are released are committing less crime. An analysis of Parole Board decisions shows that despite an increase in the number of parolees, the number of people committing crimes while on parole has more than halved -...

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New Zealand needs to overhaul laws governing the compulsory treatment of severe alcoholics and drug addicts, says the Law Commission. The commission has reviewed the Alcoholism and Drug Addiction Act 1966 and concluded it is outdated and reform is long overdue. The 1966 act gives powers...

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An Auckland manufacturing company has today been fined after a 17 year old employee lost part of his finger because machine guards were not in place.>Metal Skills Limited, which designs and manufactures precision sheet metal components, was fined $22,500 and ordered to pay reparation of $6,000...

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The Super City has not even started and "utu" has been dished out on the Waiheke Local Board. Faye Storer has gathered the numbers to become chairwoman of the board, despite Denise Roche winning the ballot by a large margin and expressing a desire to lead the board. Read more

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The Government's new financial markets super regulator may need double the budget of the Securities Commission if it's to do its job properly, says the man overseeing its creation. Simon Botherway, chairman of the Financial Markets Authority Establishment Board, told interest.co.nz that the...

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With prisoners around the world living in inhuman conditions, a United Nations independent expert today called for a global convention on the rights of detainees to ensure that their human rights are respected. In what he calls the “global crisis of detention,” Manfred Nowak,...

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An independent United Nations human rights expert said today that the regime created by the Security Council to counter terrorism is outside the scope of its powers, and called on the 15-member body to systematize its counter-terrorism measures and reporting duties of States under one framework...

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Prime Minister John Key this evening announced an agreement has been reached between the New Zealand Government and Warner Bros that will enable the two Hobbit movies to be directed by Sir Peter Jackson to be made in New Zealand. "I am delighted we have achieved this result," Mr Key...

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Regulations come into force today that reverse a Labour Government decision to require hundreds of household products like washing powders and household cleaners be sold in child-resistant plastic containers. "Banning washing powders and household cleaners from being sold in cardboard...

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