News
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Release of medics' names 'sets precedent' (19 March 2013) (NZ)
Radio New Zealand
An advocate for greater openness in the health system says a decision to name doctors and nurses involved in the care of a patient who died is a surprise and precedent-setting. Zachary Gravatt, 22, died at Auckland Hospital in 2009 after his meningitis infection was not diagnosed for four...
Commercial, Taxation
Tax backdown pleases business (19 March 2013) (NZ)
New Zealand Herald
Business groups and the Opposition were yesterday celebrating the Government's backdown on plans for an inner-city carpark tax but say it's time other "annoying little taxes", such as the proposed laptop and smartphone tax, were dropped too. Finance Minister Bill English and Revenue...
Criminal
FBI look to crack art heist case (19 March 2013) (USA)
New Zealand Herald
The FBI believes it knows the identities of the thieves who stole art valued at up to $500 million from Boston's Isabella Stewart Gardner Museum more than two decades ago. Richard DesLauriers, the FBI's special agent in charge in Boston, says the thieves belong to a criminal organization based...
Health, Medical Practitioners
'Zac will rest easier' after naming (19 March 2013) (NZ)
New Zealand Herald
A father who won the right to name health workers who cared for his son before his death says "Zac will rest easier" because the precedent-setting ruling won't be challenged. The Auckland District Health Board last night said it would not appeal against a High Court ruling that...
Criminal, Technology
US hacker Andrew Auernheimer given three-year jail term for AT&T breach (18 March 2013) (USA)
guardian.co.uk
Andrew Auernheimer, the online activist convicted of federal crimes for obtaining email addresses of iPad users from AT&T's website, was sentenced to nearly three and a half years in prison on Monday At a district court in Newark, New Jersey, Auernheimer, 27, was also ordered to pay over...
Criminal, Technology
LA Times hack: Security breach or harmless prank? (19 March 2013) (USA)
New Zealand Herald
Federal prosecutors say Reuters' deputy social media editor conspired with a notorious hacker network to cause an online security breach that should be punished by decades in federal prison. Fervent online supporters of Matthew Keys say the journalist was just taking part in an online prank...
Commercial
IMF concludes New Zealand has the right balance (19 March 2013) (NZ)
beehive.govt.nz
Finance Minister Bill English has welcomed the International Monetary Fund’s conclusion that the Government’s deficit reduction programme strikes the right balance between supporting growth and limiting public debt. In its Preliminary Concluding Statement (embargoed until midnight...
Law Practitioners, Legal Services
Fine for Auckland lawyer over affidavit (19 March 2013) (NZ)
New Zealand Herald
An Auckland lawyer has been censured and fined after his firm prepared an affidavit for a man who was about to retract evidence against one of his clients. A lawyers standards committee fined former police officer Michael Meyrick $5000 after it found he had failed to take reasonable care in...
Your guide to becoming an in-house lawyer (13 March 2013) (UK)
guardian.co.uk
Working in-house is increasingly popular.Essentially in-house lawyers look after the legal needs of the organisation they work for. Work will vary depending on the nature of the business and the size of the legal team.This article looks at how to become an inhouse lawyer in the UK. Read more
Employment, Taxation
Govt braces for backlash to phone, laptop tax (19 March 2013) (NZ)
stuff.co.nz
A planned tax on the personal use of work laptop and cellphones is potentially even more controversial than the recently-scrapped car park tax, the Government concedes. The move by Inland Revenue has sparked a reaction from the group that successfully overturned the car park tax, signalling it...
Criminal
Poll: People want smacking law changed (18 March 2013) (NZ)
New Zealand Herald
Three out of four people back a law change to allow "correctional" smacking of children, a poll has found. But a child advocacy group says correctional smacking remains unacceptable. The poll of 1000 randomly selected people was undertaken by Curia Market Research for advocacy group...
Taxation
Government drops planned carpark tax (18 March 2013) (NZ)
Radio New Zealand
The Government has dropped its plan to introduce a new tax on carparks that employees in central Auckland and Wellington get as part of their salaries. Revenue Minister Peter Dunne says it would have raised about $17 million a year but the likely cost of compliance makes it not worth pursuing,...
Taxation
Penny & Hooper confession offer 'a good deal' (18 March 2013) (NZ)
New Zealand Herald
People who have paid themselves artificially low salaries to avoid paying the top personal tax rate should take advantage of an offer to confess while it is still on the table, says a tax expert. The Inland Revenue Department's concession to make a voluntary disclosure - granted after the...
Human Rights
Zimbabwe Arrests Opposition Officials and a Human Rights Lawyer (17 March 2013) (USA)
New York Times
Security officials arrested three senior officials of the Movement for Democratic Change, Zimbabwe’s main opposition political party, and a renowned human rights lawyer on Sunday, one day after a largely peaceful referendum on a draft constitution. The lawyer, Beatrice Mtetwa, was...
Human Rights, Judiciary
Judges would regret Human Rights Act repeal, warns Lady Hale (14 March 2013) (UK)
The Guardian
UK's most senior female judge says withdrawing from Strasbourg human rights court would require Britain to exit EU. The UK's most senior female judge has said her fellow justices would "regret" any decision by a future government to repeal the Human Rights Act. Lady Hale, a...
Local Government, Resource Management
Government welcomes draft Unitary Plan (15 March 2013) (NZ)
beehive.govt.nz
Environment Minister Amy Adams has welcomed the release of Auckland Council's draft Unitary Plan. "This is the first step towards having the Unitary Plan in place within three years from its notification, rather than the 10 years it could have taken before the Government approved a...
Transport
Breath testing amendment bill breaches Bill of Rights (14 March 2013) (NZ)
New Zealand Law Society
Motorists may be subject to a draconian bill which if enacted, could see the result of an evidential breath test used to prosecute them if a blood test cannot be taken for reasons beyond their control, says the New Zealand Law Society. The Land Transport (Admissibility of Evidential Breath...
Law Practitioners
John David Rangitauira struck from roll (14 March 2013) (NZ)
New Zealand Law Society
The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has ordered that John David Rangitauira be struck off the roll of barristers and solicitors. This follows a hearing in Wellington on 1 March 2013 at which Mr Rangitauira, a former barrister and solicitor, admitted a charge brought...
Constitutional, Tort
New law would shield lax officials (14 March 2013) (NZ)
NZ Herald
Law Commission pleads with MPs to scrap plans for legislation that would give public servants immunity from lawsuits The survivor of the RSA triple murders, Susan Couch, would have been banned from suing the Probation Service under legislation which will give negligent public servants immunity...
Construction, Local Government, Property, Taxation
Scrap GST if you want to help, council tells Govt (14 March 2013) (NZ)
NZ Herald
Auckland Council says the Government should scrap GST on affordable housing instead of looking to trim council growth levies on developers. The suggestion is part of the council's response to a Department of Internal Affairs review of development contributions which considers options of...
Construction, Local Government, Property
Govt piles on pressure for housing land (14 March 2013) (NZ)
NZ Herald
The Government is becoming increasingly heavy-handed over Auckland's housing shortage, with talk of a new Crown agency to free up more land. Environment Minister Amy Adams has suggested stripping the Auckland Council of some planning powers for three years to allow a Crown agency to play a...
Constitutional
Cathedral announces plans for Richard III burial (14 March 2013) (NZ)
NZ Herald
Nearly 428 years after his death, Richard III may end up being the subject of arbitration between three English Cathedrals. More specifically, the issue is which cathedral should have the right to inter the bones, which were found in 2012 after a car park in Leicseter was excavated. Leceister...
Intellectual Property
Intellectual property and development: beware the 'genome divide' (12 March 2013) (NZ)
www.guardian.co.uk
In 2003 the human genome project was completed and presented as a gift to the world. Genome testing was expected to allow the identification of high risk groups and the development of health strategies targeted at these groups. However the expansion of intellectual property rights over genomic...
Bill of Rights, Criminal
Judge approves use of 'truth serum' on accused (12 March 2013) (USA)
www.guardian.co.uk
A United States court has authorised the use of a "truth serum" on a defendant in order to establish whether he was legally insane at the time he shot and killed 12 people in a Colorado movie theatre. While there had been one instance where the defence had used a "narcoanalytic...
Health
New York City soda ban struck down by judge in eleventh-hour ruling (11 March 2013) (USA)
guardian.co.uk
An attempt by the administration of New York City mayor, Michael Bloomberg, to deal with the rising obesity levels in the US had been dealt a blow with a court striking down a law curbing the sale of sugary drinks. The new rule, which banned the sale of large containers of sweetened drinks at...
Judiciary
Public confidence in judiciary vital (12 March 2013) (NZ)
New Zealand Law Society
Public confidence in the judiciary now requires provision of information which shows that it is not just independent but effective, efficient and well administered. It is imperative that the judiciary provides what is required in order to maintain that confidence. This is one of the key...
Law Practitioners, Legal Services
Corporate counsel calls for task-based billing (13 March 2013) (AUS)
Lawyers Weekly
The head of legal at NRMA has claimed that assigning a dollar value to certain legal tasks is win-win for firms and in-house counsel. Paul Rogerson told Lawyers Weekly that time-based billing devalues the expertise lawyers provide. He suggested that firms consider task-based billing and...
Commercial, Contract
Gym jobs on the line as urgent talks continue (13 March 2013) (NZ)
NZ Herald
Two Auckland gym owners are still locked in urgent negotiations to resolve a month-long dispute which has left a number of jobs on the line. Club Physical owner Paul Richards said it looked "promising" that he would be moving back into three gyms - which were rebranded by a franchise...
Competition, Technology
French regulator says Skype must register as a telco or risk prosecution (13 March 2013) (EU)
Computerworld
The French Telecommunications and Posts Regulator, ARCEP, has referred Skype to the Paris public prosecutor, asking it to investigate whether Skype has failed to comply with an obligation to register as a telecommunications operator. Registered operators must provide emergency calling services...
Banking and Finance, Company, Criminal
Home detention for National Finance director (12 March 2013) (NZ)
Financial Markets Authority
National Finance director Anthony Banbrook has today been sentenced to eight and a half months' home detention and ordered to pay $75,000 in reparations in a prosecution taken by the Financial Markets Authority. In June last year Mr Banbrook pleaded guilty to one charge of making untrue...
Employment
Manager awarded $40,000 after personal grievance (13 March 2013) (NZ)
NZ Herald
A former meat company general manager has been awarded more than $40,000 by the Employment Relations Authority after he filed a personal grievance against the Wanganui company. Michael Rowe brought the case against Land Meat New Zealand, owned by Affco Meats, after he was employed as general...
Family, Human Rights
Path of same-sex marriage bill into law looking smooth (13 March 2013) (NZ)
NZ Herald
After months of emotional submissions and some bitter protest, a bill to legalise same-sex marriage appears likely to pass another hurdle with barely a dent in its political support. A dozen MPs indicated their vote in favour was limited to the first stage of the bill and they would reconsider...
Banking and Finance
Improving the financial service provider regime (12 March 2013) (NZ)
beehive.govt.nz
Commerce Minister Craig Foss today announced Cabinet had agreed to strengthen the financial service providers registration regime. “The regime makes information about providers available and ensures consumers have access to free dispute resolution services,” says Mr Foss. The...
Judiciary
Call to suspend Sri Lanka from Commonwealth ( 11 March 2013) (Intl)
Law Society Gazette
A report for the Bar Human Rights Committee has called for Sri Lanka to be suspended from the Commonwealth over the impeachment of the country’s chief justice. Barrister and report author Geoffrey Robertson QC said Dr Shirani Bandaranayake (pictured), Sri Lanka’s first woman...
Banking and Finance
Billion-dollar claim in bank-fee fight inflated, says uni expert (12 March 2013) (NZ)
New Zealand Herald
A banking expert says a bid to take a billion-dollar class-action lawsuit against New Zealand's banks is ambitious and the amount claimable appears to be inflated. Yesterday, Auckland barrister Andrew Hooker, backed by Australian law firm Slater & Gordon and Australian litigation funders...
Indigenous Rights, Maori
Ngapuhi claimants gear up for Treaty hearing (11 March 2013) (NZ)
New Zealand Herald
Ngapuhi hapu claimants are preparing for stage 2 of the Waitangi Tribunal Te Paparahi o Te Raki inquiry, which will begin with a powhiri at Waitangi Marae on March 17. Te Kotahitanga o nga Hapu Ngapuhi co-chairman Pita Tipene said that despite months of uncertainty over funding, quick progress...
Criminal
Pitcairn Island mayor faces porn charges in court (11 March 2013) (NZ)
New Zealand Herald
The Mayor of Pitcairn Island is calling for three Court of Appeal judges to stand down from deciding his case. Michael Warren faces 25 charges of possessing images and videos of child pornography on his computer. He has pleaded not guilty. His case was called at the Pitcairn Court of Appeal...
Family, Social Security
Disappointment at delays in child support system changes (11 March 2013) (NZ)
New Zealand Herald
Fathers paying child support are disappointed changes to New Zealand's child support system set to be in place by April 1 have been delayed a year. The biggest changes to the child support system in more than 20 years have been held back by the social services select committee to allow the...
Criminal, International
Illicit drugs represent roadblock to rule of law and democracy, says UN official (11 March 2013) (Intl)
United Nations
Illicit drugs and crime are roadblocks to the rule of law and democracy, a United Nations official said today, urging countries to collaborate to address this threat to stability and development. “In so many ways, illicit drugs and crime and development are bound to each other. If...
Building, Environment, Local Government, Resource Management
Mayor does u-turn on available housing land (12 March 2013) (NZ)
New Zealand Herald
Brown claimed space for 15,000 homes but now concedes just 2000 sites ready. Auckland has 2000 new sections ready to build houses on, says Mayor Len Brown, who last month claimed there was enough land for 15,000 homes. As debate grows about housing and land supply in Auckland, Mr Brown is...
Employment
Mondayising bill expected to pass into law (12 March 2013) (NZ)
NZ Herald
Mondayising Anzac Day and Waitangi Day is all but a reality after Prime Minister John Key confirmed this morning that he expected a Labour MP's bill on the matter to pass into law and ruled out using the Government veto on it. Labour MP David Clark's members' bill to allow a day off on a...
Banking and Finance
Bank fee lawsuit unveiled - 1m Kiwis eligible (11 March 2013) (NZ)
New Zealand Herald
The big four Australian-owned banks - BNZ, ANZ, Westpac and ASB, along with state-owned Kiwibank - are being sued for a collective $1b in a massive class action lawsuit announced today. Auckland-based lawyer Andrew Hooker, Australian consumer law firm Slater & Gordon and Litigation...
Environment, Fisheries
Five new West Coast marine reserves approved (10 March 2013) (NZ)
beehive.govt.nz
Minister of Conservation Dr Nick Smith today announced at the Bluegreens Forum in Levin he has formally approved the new Kahurangi, Punakaiki, Okarito, Tauparikaka and Hautai marine reserves totalling 17,500 hectares on the West Coast. The Department of Conservation publicly notified these...
Environment, Resource Management
Feedback sought on RMA and freshwater proposals (11 March 2013) (NZ)
beehive.govt.nz
Environment Minister Amy Adams and Primary Industries Minister Nathan Guy will this week begin a series of meetings throughout the country with councils, iwi, environment groups, businesses and the public to discuss proposed changes to the resource management system. The Government has...
Banking and Finance
Banks sued for $1 billion (11 March 2013) (NZ)
Otago Daily Times
The big four Australian-owned banks - BNZ, ANZ, Westpac and ASB, along with state-owned Kiwibank are being sued for a collective $1b in a massive class action lawsuit announced today. The action is being led by New Zealand lawyer Andrew Hooker, Australian class action experts Slater &...
Commercial, Company, Competition
Commission consulting on business competition guidelines (8 March 2013) (NZ)
Commerce Commission
The Commerce Commission is consulting on new draft guidelines that outline the Commission’s approach to assessing clearance and authorisation applications. The Commission is consulting on a revised draft of the current Mergers and Acquisitions Guidelines, as well as the newly drafted...
Judiciary
Judges' work under lens (10 March 2013) (NZ)
New Zealand Herald
The chief judge of the District Court is finalising a proposal to subject New Zealand's 133 district court judges to performance reviews and greater public scrutiny. A discussion paper released at yesterday's Asia Pacific Courts Conference outlined a plan for the judges to be rated on their...
Criminal Procedure, Family, Judiciary, Law Practitioners, Legal Services
Address to the Australasian Institute of Judicial Administration – “The pursuit of excellence and innovation in courts and tribunals” (8 March 2013) (NZ)
beehive.govt.nz
This morning I will talk briefly about what we’re doing in New Zealand to drive excellence and innovation in the courts. Our justice and courts system is one of our greatest assets. By international accounts, we have one of the best performing justice systems in the world – we...
Judiciary
District Court Judge appointed (8 March 2013) (NZ)
beehive.govt.nz
Tauranga lawyer Rob Ronayne has been appointed a Judge of the District Court with a jury warrant to sit in Auckland, Attorney-General Christopher Finlayson announced today. Judge Ronayne was admitted to the bar in 1978 after graduating from Canterbury University’s LLB programme. In his...
Law Practitioners, Legal Services
Society and bar pledge to work together on contract terms (8 March 2013) (NZ)
Law Society Gazette
The Law Society and the Bar Council have issued a joint statement on the controversial standard contractual terms of business between barristers and solicitors, marking a detente between the two branches of the profession. The new contractual terms took effect from 31 January, replacing the...