The more alike judges are the more likely that they will mistake prejudices for simple truths; the more different they are the more likely that they will interrogate the correctness of their assumptions. Justice Kate O’Regan a foundation member of South Africa’s Constitutional Court stated this when she delivered the ... More about 2012 Ethel Benjamin address delivered by Justice Kate O’Regan.
By Daniel Becker* Over the last two decades mediation has gained recognition and popularity as a technique of alternative dispute resolution. Litigious societies such as the United States and England created a need for a less stressful more time-efficient and inexpensive way to settle disputes. As a result mediation rose ... More about The need for more regulation of mediation.
The Law Commission’s consultation paper Alternative models for prosecuting and trying criminal cases was released in mid-February 2012. Media coverage has been modest despite the extraordinary reach of some of the proposed changes: to use a medical metaphor the patient has been diagnosed with a life-threatening illness and radical surgery ... More about Jury out on proposed criminal justice reforms.
The following are the new NZLS committees appointed for a two year-term for 2011 to 2013. Law Reform Committee The Law Reform Committee oversees all of the NZLS law reform work. The committee reviews all bills before Parliament as well as government agency and Law Commission law reform proposals. Members ... More about New Zealand Law Society law reform committee members, 2011-13.
As part of its ongoing compliance programme Inland Revenue is continuing to identify inappropriate schemes tax planning and structures that unlawfully minimise tax. It is also focusing on the small group of individuals and businesses that use and promote them. A new page on IRD’s website Tax schemes and aggressive ... More about Tax schemes and aggressive tax planning.
The government released an exposure draft of a bill on securities law on 9 August 2011 and is currently consulting on the proposed legislation. The draft Financial Markets Conduct Bill stems from the comprehensive review of securities law Commerce Minister Simon Power says. It is open for submissions which close ... More about Major securities law consultation underway.
What do you get when you cross legal jargon with IT jargon? The Copyright (Infringing File Sharing) Amendment Act 2011. This law seeks to tackle illegal file sharing including unauthorised movie and music downloads with a "three strikes system" where offenders receive warnings for their first two infringements and a ... More about Issues around the new file sharing law.
A separate parliamentary process for reforming what people call “lawyer’s law” is needed according to Supreme Court judge Sir Peter Blanchard. Law reform was difficult he said in a speech at Auckland University on 5 March 2011. A “good part of the difficulty” was the lack of adequate procedural mechanisms ... More about Separate parliamentary law reform process suggested.
The fast and furious pace of changes in the justice sector that was a feature of 2010 will not slow down this year Justice Minister Simon Power says. “We have got a very busy 12 months ahead so any indication we might be slowing up in 2011 I can tell ... More about Minister of Justice looks at his 2011 law reform agenda.
Introducing a more inquisitorial approach to gathering and presenting evidence from child witnesses will be given major attention in 2011 Justice Minister Simon Power says. In fact he sees this project as so important Mr Power has told the Ministry of Justice to “prioritise” its work on this matter and ... More about Simon Power viewpoints on children’s evidence.
The Justice and Electoral Committee’s report on the Legal Services Bill has accepted a number of the recommendations made by the New Zealand Law Society including that a clear function of the legal aid system should be legal education and training. The select committee reported back to Parliament on the ... More about Select Committee endorses NZLS submissions on Legal Services Bill.
Attorney-General Christopher Finlayson has confirmed that the Government will meet the reasonable costs of legal services for those families directly affected by the Pike River mine accident which arise out of the Royal Commission of Inquiry. "We recognise the importance of the families of the Pike River victims being represented ... More about Government position on Pike River Legal Costs.
The marae-based youth court Te Kooti Rangatahi is an attempt to use the traditional values of tikanga Maori to turn around the lives of young Maori offenders. Te Kooti Rangatahi is a judicially-led initiative which the Ministry of Justice supports says the Ministry’s district courts general manager Tony Fisher. “The ... More about Te Kooti Rangatahi aims.
Why the Financial Markets Authority matters Capital markets provide an interface between companies that need capital and investors who provide capital. Investors and companies each seek growth; and this growth affects the country in which the capital market is located for example by increased employment opportunities and tax revenue from ... More about Why the FMA matters.
Rules Committee speech a ‘safe landing’ Eschewing any suggestion he was recanting Attorney-General the Hon Christopher Finlayson made a “safe landing” when he reviewed the Rules Committee in a speech to the New Zealand Bar Association conference in Queenstown in September 2010. The Minister’s main point that he endorsed the ... More about A-G on Rules Committee.
Animal welfare and the ‘emotional link’ A recent amendment to the Animal Welfare Act 1999 raises the maximum sentences and fines for animal ill treatment and neglect and redefines the way some offences are described. The Act expands the threshold for the offence of wilful ill treatment - the most ... More about Animal welfare law issues.
New Patents Act and software-related inventions A new Patents Act has prompted substantial debate. Jason Tuck a technical adviser at James & Wells Intellectual Property examines how software related inventions will fare under the new regime. The uncertainty surrounding Commerce Minister Simon Power’s announcement regarding a new Patents Act has ... More about Software patents.
Financial services regulation – what lawyers need to know I wonder how many members of the legal profession are truly aware of the substantial impact of the new laws that will apply to the finance industry from 1 December 2010. The most obvious effect will be the request for advice ... More about Financial services reg changes.
Name Suppression and Name Publication Two recent developments have focused in different ways on the principles behind making the names of individuals public. On 5 October Justice Minister Simon Power released information on government plans to impose new laws and rules to control the suppression of names in court proceedings. ... More about Name suppression and publication.