The Law Report

Unitary Plan: Potential conflicts loom on road ahead (22 May 2013)

Thu, 23 May 2013 00:00:00 +1200

A plan to change Aucklanders' way of life through intensification is coming under attack as people wake up to the implications for their neighbourhoods. Bernard Orsman looks at the flashpoints.

Height is at the top of many people's minds with the Unitary Plan.

Whether it's walls of apartments on the ridges overlooking Browns Bay or 18-storey high rises in Newmarket, the council is facing a chorus of complaints.

Source: Unitary Plan: Potential conflicts loom on road ahead (22 May 2013)

Raids report offers lessons for the future (23 May 2013)

Thu, 23 May 2013 00:00:00 +1200

Five and a half years after the Urewera raids, the Independent Police Conduct Authority has issued a report that is surely the last verdict on that strange operation. The authority has found "the police were entitled, on the information they had, to view the threat posed as real and potentially serious, necessitating investigation". Everything else the police did that day has to be judged in the light of that threat statement.

Judge Sir David Carruthers, chairman of the authority, has found some of their actions unlawful, unreasonable and unjustified, especially their house searches and roadblocks, but he finds no fault with the decision of the former Commissioner of Police, Howard Broad, to act on the evidence of the activity his officers had seen.

Source: Raids report offers lessons for the future (23 May 2013)

Minister and council not quite in accord on law (23 April 2013)

Thu, 23 May 2013 00:00:00 +1200

Auckland Council and Housing Minister Nick Smith still can't agree on legislation to give effect to their accord of two weeks ago to fast-track consents for 39,000 new houses.

Dr Smith, in the city yesterday to open two new houses for West Auckland charity VisionWest, said he had spoken to Mayor Len Brown and deputy Penny Hulse to clear up "misunderstandings" on a bill which he conceded "was drafted very quickly".

Source: Minister and council not quite in accord on law (23 April 2013)

Shill bidding costs car company more than $165,000 (23 April 2013)

Thu, 23 May 2013 00:00:00 +1200

An Auckland-based car company has been sentenced today in the Auckland District Court on 13 charges under the Fair Trading Act. The Auto Co (Millenium) Ltd has been fined $42,000 plus court costs of $1727.57 after pleading guilty to misleading consumers about the price of vehicles auctioned on Trade Me. The fine is on top of over $122,000 already paid in compensation to affected consumers and related costs.

Source: Shill bidding costs car company more than $165,000 (23 April 2013)

Financial reporting rationalisation closer (22 May 2013)

Thu, 23 May 2013 00:00:00 +1200

Parliament's Commerce Committee has released its report on the Financial Reporting Bill with a recommendation that it be passed with amendments.

The bill would replace the Financial Reporting Act 1993 and amend another 80 other Acts, some substantially. Its intention is to rationalise financial reporting obligations by aligning such obligations with the goal of financial reporting - which is to provide information to external users who need an entity's financial statements but cannot demand them.

Source: Financial reporting rationalisation closer (22 May 2013)

Crown Solicitors Regulations revocation supported (22 May 2013)

Thu, 23 May 2013 00:00:00 +1200

Deputy Solicitor-General Cameron Mander has released a regulatory impact statement on revocation of the Crown Solicitors Regulations 1994.

The statement concludes that the Regulations may be revoked "as they are unnecessary and a hamper to the Solicitor-General's functions in the oversight of prosecutions."

Source: Crown Solicitors Regulations revocation supported (22 May 2013)

Commerce Commission sees adjudication role expansion (22 May 2013)

Thu, 23 May 2013 00:00:00 +1200

The Commerce Commission says its adjudication role will expand when the collaborative activity clearance regime is introduced as part of the amendments to the Commerce Act 1986.

However, in its Statement of Intent for the period 1 July 2013 to 30 June 2016, the Commission says it cannot estimate the number of applications is it likely to receive "because of the uncertainties of when the reform will be introduced".

Source: Commerce Commission sees adjudication role expansion (22 May 2013)

Crown Law to move national office (22 May 2013)

Thu, 23 May 2013 00:00:00 +1200

Crown Law will be moving its Wellington national office during 2013, with the objective of reducing its property footprint and making financial savings.

In its Statement of Intent 2013-2016, Crown Law says the introduction of new ways of working will be associated with the move. This will be enabled by a reduction in onsite records and the relocation of the data centre to an offsite hosted solution.

Source: Crown Law to move national office (22 May 2013)

Interflora wins trademark case against Marks & Spencer (21 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Marks and Spencer has lost a five-year legal battle with Interflora after it bought advertising space tied to Google searches for the flower delivery network's name.

Mr Justice Arnold at the high court in London ruled that M&S's use of the Interflora trademark to advertise its flowers and gifts range was trademark infringement.

He said the M&S adverts did not enable "reasonably well-informed and reasonably attentive" internet users to work out whether the company was part of the Interflora network.

Source: Interflora wins trademark case against Marks & Spencer (21 May 2013)

Statement on the loss of Honourable Justice Robert Chambers - Minister of Justice (22 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Justice Minister Judith Collins has expressed her sadness at the sudden loss of Supreme Court Judge, the Honourable Justice Robert Chambers.

“I am extremely sad to learn of the sudden death of Justice Robert Chambers.

“He was renowned across the profession as one of New Zealand’s greatest legal brains. His sudden death at such a young age is a significant loss to the legal community.

“I instructed Justice Chambers on many occasions when he was a barrister. I served with him on the Auckland District Law Society Council for a number of years and when he became President, I was Vice-President. I will always remember Justice Chambers’ for his humanity, terrific wit and way with words.

“My thoughts are with his wife Deborah, his family and friends, at this very sad time.”

ENDS

Press Release: New Zealand Government

Source: Statement on the loss of Honourable Justice Robert Chambers - Minister of Justice (22 May 2013)

Supreme Court judge dies (22 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Supreme Court judge Robert Chambers has died. Justice Chambers died in his sleep at his Wellington home last night, aged 59.

Chief Justice Dame Sian Elias said she was deeply shocked at the death of her Supreme Court colleague.

"Robert Chambers was a dear friend and colleague, and a great judge who still had much to contribute. This is an enormous loss to the judiciary, and devastating blow to his family, especially his wife Deb."

His widow, Deborah Chambers, QC, is one of New Zealand’s leading trust litigation and relationship property lawyers.

Source: Supreme Court judge dies (22 May 2013)

Richard Burton: Careful planning needed on apartments (21 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Apartments have their place, but more planning care - with community say - is needed.

Meetings involving hundreds of residents have been united in opposing the council's proposals on apartments.

The draft Auckland Unitary Plan proposes a fundamental change to the urban fabric of Auckland.

Multi-storey, high-density apartment buildings formerly reserved to the inner city and adjoining areas are now proposed to be permitted in some 56 per cent of Auckland's residential areas.

Source: Richard Burton: Careful planning needed on apartments (21 May 2013)

Solicitor overlooked for job after becoming pregnant wins discrimination case (19 May 2013)

Wed, 22 May 2013 00:00:00 +1200

A trainee solicitor who was refused a permanent job after she became pregnant has won her discrimination case against a City law firm.

Katie Tantum, 33, is now in line for compensation after an employment tribunal ruled law firm Travers Smith treated her unfairly.

Miss Tantum, the daughter of a former MI6 director, was in the final stages of her £42,000 a year trainee contract when she became pregnant.

Source: Solicitor overlooked for job after becoming pregnant wins discrimination case (19 May 2013)

Key backs changes to carer's law (21 May 2013)

Wed, 22 May 2013 00:00:00 +1200

Prime Minister John Key has defended the urgent passing of controversial legislation which restricted who could be paid for caring for disabled family members, saying that the Government faced further legal action if the law was not changed.

The legislation has been slammed as rushed, unconstitutional and lacking transparency after it was passed under urgency on Friday, a day after being introduced by Health Minister Tony Ryall.

Source: Key backs changes to carer's law (21 May 2013)

Ministry wants more senior legal aid lawyers (22 May 2013)

Wed, 22 May 2013 00:00:00 +1200

The Ministry of Justice is to review its administrative processes for approving legal aid providers over the coming year.

The ministry says it will implement "an improved monitoring and quality assurance framework" which is aimed at encouraging more senior lawyers to participate in the provision of legal aid "and lifting the overall quality of services provided to New Zealanders".

Source: Ministry wants more senior legal aid lawyers (22 May 2013)