The Law Report

Tricks of the Trade - Civil (16 May 2012)

Wed, 16 May 2012 00:00:00 +1200

The New Zealand Bar Association is offering a seminar in civil litigation next Tuesday, 22 May 2012. The Association says the seminar will be of interest to litigators at any level and will cover advocacy in the civil context from the perspective of the Bench, Bar and experts. Speakers include Sir Ian Barker QC (Chair), Justice Toogood, John Katz QC, Gillian Coumbe, Kate Davenport and Barry Jordan.

Source: Tricks of the Trade - Civil (16 May 2012)

Commission finds Igloo joint venture unlikely to lessen competition in pay TV market (16 May 2012)

Wed, 16 May 2012 00:00:00 +1200

The Commerce Commission has completed its investigation into the joint venture between Television New Zealand Limited (TVNZ) and Sky Network Television Limited (Sky) finding the pay TV market will not be less competitive as a result of the venture.

In November 2011, TVNZ entered into a joint venture agreement with Sky to launch a new low-cost subscription TV service, known as Igloo.

The Commission received a number of complaints that the joint venture had the potential to substantially lessen competition. It opened an investigation to determine whether there was any likely breach of sections 47 or 27 of the Commerce Act. Today, the Commission advised TVNZ and Sky that it had found no likely breach.

Source: Commission finds Igloo joint venture unlikely to lessen competition in pay TV market (16 May 2012)

Improvements to employment law announced (14 May 2012)

Wed, 16 May 2012 00:00:00 +1200

Labour Minister Kate Wilkinson has announced a package of measures that will extend workers’ rights to request flexible working hours and ensure a fair and flexible collective bargaining environment.

The changes include:

A return to the original position in the Employment Relations Act where the duty of good faith does not require the parties to conclude a collective agreement.
Allowing employers to opt out of multi-employer bargaining.
Allowing for partial pay reductions in cases of partial strike action.
Removing the 30-day rule that forces non-union members to take union terms and conditions.

Source: Improvements to employment law announced (14 May 2012)

Effort to ban Tintin comic book fails in Belgium (14 May 2012)

Wed, 16 May 2012 00:00:00 +1200

Tintin's adventures in the Belgium courts have ended in freedom for Tintin and disappointment for a man who sought to ban the continued publication, distribution and sale of the books. A Congolese national had sought the injunction on the grounds that the publications banned Belgium's anti racism laws.

Source: Effort to ban Tintin comic book fails in Belgium (14 May 2012)

CLANZ In-House lawyer awards announced (15 May 2012)

Wed, 16 May 2012 00:00:00 +1200

Four outstanding members of the in-house legal profession were acknowledged at the 25th annual CLANZ conference in Queenstown on 11 May 2012.

CLANZ, the in-house section of the New Zealand Law Society, awarded prizes for top in-house lawyers in the private, public, community and youth categories.

Source: CLANZ In-House lawyer awards announced (15 May 2012)

Proposed trial process reforms could erode an accused’s rights (10 May 2012)

Wed, 16 May 2012 00:00:00 +1200

The New Zealand Law Society is concerned that proposed reforms in the Law Commission’s issues paper, Alternative Pre-Trial and Trial Processes: Possible reforms, would erode an accused’s rights within the criminal justice process.

The difficulty with any reform that promotes protection of the complainant within the criminal justice process, the Law Society says, is that the integrity of the process itself is compromised.

Jonathan Krebs, Convenor of the Law Society’s Criminal Law Committee, says that it is a long standing tenet of the New Zealand criminal justice system, that the accused is entitled to a fair trial.

“We need to have a serious look at these proposals which would make fundamental changes to processes that have been followed in our country for a very long time,” he says.

Source: Proposed trial process reforms could erode an accused’s rights (10 May 2012)

Govt to take stand on cyber-bullying (11 May 2012)

Mon, 14 May 2012 00:00:00 +1200

Justice Minister Judith Collins has asked the Law Commission to fast-track its recommendations for reducing the harm caused by cyber-bullying.

Ms Collins says the Government is extremely concerned about the growing incidence of this abhorrent bullying and the devastating effects it can have on young people.

“Young people’s lives are increasingly enmeshed in social media and they are particularly at risk from the significant harm that can be caused by cyber-bullying.”

As part of its report, The News Media Meets New Media, the Law Commission is investigating potential changes...

Source: Govt to take stand on cyber-bullying (11 May 2012)

NZ ETS on track says Government (11 May 2012)

Mon, 14 May 2012 00:00:00 +1200

New Zealand’s Emissions Trading Scheme (NZ ETS) is working well overall, says Climate Change Issues Minister Tim Groser.

Speaking at the opening of a carbon sink forest in Marlborough owned by NZ Carbon Farming, Mr Groser says that the NZ ETS was creating the desired shift towards renewable energy and investment in forestry. There were also early signs that business was factoring the scheme into its longer-term investment decisions.

Source: NZ ETS on track says Government (11 May 2012)

Unions will need secret ballot before strikes under new bill (9 May 2012)

Wed, 09 May 2012 00:00:00 +1200

Unions will be legally bound to carry out a secret ballot to approve strikes after a bill sponsored by National MP Tau Henare was approved by one vote in Parliament.

The private member's bill passed its third reading this evening with 61 votes in favour and 60 against.

Mr Henare, a former organiser for the Clerical Workers' Union, introduced the bill to allow members to make a vote on striking without pressure or intimidation from bosses.

Source: Unions will need secret ballot before strikes under new bill (9 May 2012)

Oracle-Google trial: both sides win, or lose, in the first round (8 May 2012)

Wed, 09 May 2012 00:00:00 +1200

The jury in the Oracle-Google trial was deadlocked on a key question: did Google's use of Java to build its Android mobile operating system amount to "fair use"? It decided that android does infringe on key Java copyrights, but disagreed on whether Google's actions could be said to be "fair use" as provided in US law. Excerpts of copyrighted are allowed to appear in other creative expressions, such as books, movies and computer software.

Source: Oracle-Google trial: both sides win, or lose, in the first round (8 May 2012)

Divorce law: Mending v. Ending (6 May 2012)

Wed, 09 May 2012 00:00:00 +1200

A family court Judge's crusade to shore up the institution of marriage is attracting criticism for its failure to address real issues. Sir Paul Coleridge feels that marriage breakdown has reached epidemic proportions and that people are too willing to abandon their commitments to each other.

His injunction to "mend it, don't end it" is laudable, and he is right to point out that too many children's futures are fought over in the courtroom when they would have been better resolved out of it, with professional help. But this cannot help a woman who wonders if she should remain in a violent relationship to hold the family together, or a man whose wife has walked out and taken the kids, or the child awaiting the court's ruling on which parent he or she will live with.

Source: Divorce law: Mending v. Ending (6 May 2012)

Sexism at the bar may still exist, but women barristers have come a long way (4 May 2012)

Wed, 09 May 2012 00:00:00 +1200

A UK barrister who completed her pupillage in the 1980's was depressed to read an article that suggested that sexism was clearly still alive and well at the bar. However, the bar has come on by leaps and bounds since the 1980's. The number of women who achieve pupillage has increased exponentially.The progress partly reflects social trends but the bar itself should take credit for the improvement. The bar council's equality and diversity training course is popular among barristers and chambers staff, and shoes that a real appetite exists for best practice information.

While the experiences described in the article should not be dismissed, the pupil should have sought advice and support from a more experienced colleague.

Source: Sexism at the bar may still exist, but women barristers have come a long way (4 May 2012)

Shared custody: why play happy families when it can be dangerous? (2 May 2012)

Wed, 09 May 2012 00:00:00 +1200

The UK government is introducing legislation that would favour shared custody arrangements. It is likely to gain huge public support as it seems logical and fair, especially if it corrects an imbalance in a court system that unfairly rules against fathers. But, the problem is, there is no evidence to suggest that courts are biased against fathers. Of the 10% of custody cases that end up in court, only a tiny percentage result in limited contact orders.This article considers whether shared custody legislation is in fact necessary in the UK, and considers the Australian experience with the introduction of its custody legislation.

Source: Shared custody: why play happy families when it can be dangerous? (2 May 2012)

Review shows drug driving law working well (8 May 2012)

Tue, 08 May 2012 00:00:00 +1200

The current drug testing regime for drivers will not be changed, Associate Transport Minster Simon Bridges has announced following a Government review of the law. Mr Bridges says there is good evidence that the current regime is working well.

“Over 500 drivers have tested positive for at least one drug in the two years since the regime began. The law is helping take these people off the roads, and reducing the risk they pose to themselves and other road users.”

The regime allows police to ask a driver to undertake a compulsory impairment test if they have good cause to suspect drug use. If the driver’s performance on this test is unsatisfactory, police can then ask for a blood specimen for drug analysis.

Source: Review shows drug driving law working well (8 May 2012)

Child Support bill big step to fairer scheme (8 May 2012)

Tue, 08 May 2012 00:00:00 +1200

The Child Support Amendment Bill now before Parliament is the culmination of “the most major review of the Child Support scheme since its inception”, Revenue Minister Peter Dunne told Parliament at the Bill’s first reading today.

He said issues of fairness had come to dog the scheme, with around 40 percent of the correspondence he received as Minister relating to child support issues.

“The scheme is long overdue for updating and today it has come a big step closer to becoming fairer for all concerned,” Mr Dunne said.

The bill proposes changes which fall into three categories:

a new child support calculation formula that reflects changed social and work realities faced by New Zealand families today
secondary changes to update the child support scheme more generally, and
amendments to the payment, penalty, and debt rules for child support.

Source: Child Support bill big step to fairer scheme (8 May 2012)