Litigation

15 December 2011
By NZLS

Court holiday dates, Christmas-New Year 2011-12

Northern Region High Courts Auckland, WhangāreiClose: 5pm, Friday 23 December Open: 9am, Wednesday 4 January District Courts Auckland, Manukau, North Shore, Waitakere,WhangāreiClose: 3pm, Friday 23 December Open: 9am, Wednesday 4 January Dargaville, Kaikohe, Kaitaia, Papakura, PukekoheClose: 5pm, Thursday 22 December Open: 9am, Monday 9 January WarkworthCloses: 3:30pm, Wednesday 21 December Opens: 10am, Tuesday 10 January ... More about Court holiday dates, Christmas-New Year 2011-12.

18 November 2011
By Andrew King (E-Discovery Consulting)

Promoting the new discovery rules

Just how important it will be for practitioners to follow the new discovery rules was highlighted at a series of NZLS CLE Ltd seminars held throughout the country in late October 2011. We were fortunate to have two High Court judges with us in Justice Asher and Justice Fogarty. The judges ... More about Promoting the new discovery rules .

25 October 2011
By Pam Davidson

Resistance to e-litigation is futile

When winter descends upon New Zealand, where else should one be but attending a conference in a place where winter has not descended and will never descend? So it was that on 11 and 12 August 2011, I was in Singapore attending the International Conference on Electronic Litigation organised jointly by the Singapore ... More about Resistance to e-litigation is futile.

11 October 2011
By NZLS

Single Probation Report for Courts

Community Probation Services (CPS) is introducing a new single report to advise courts. The new report format will be phased in between 1 November 2011 and 31 March 2012. “Based on feedback from consultation, we have developed a single report that is clear and concise and meets the requirements under ss 26, 26A, 33 and 34 of ... More about Single Probation Report for Courts.

11 March 2011
By NZLS

In defence of defence counsel

Defence lawyers, particularly those who accept legal aid assignments, have had a lot of bad press lately, according to Criminal Bar Association president Adriana Pinnock. Legal aid payments The repeated accusations of excessive income earned from legal aid and of incompetence have “unjustly tainted us all,” she says. “While public ... More about In defence of defence counsel.

13 December 2010
By NZLS

Suppliers of barrister gowns

This information is provided as a service to NZLS members and does not infer any recommendation by NZLS of particular suppliers. Suppliers are shown alphabetically Pricing information is GST inclusive and obviously subject to change, but is included to give an indication of prices. New Zealand-based suppliers Étude Classique Ltd ... More about Suppliers of barrister gowns.

10 December 2010
By NLZS

Review of treatment and conditions for young people in Police custody

Three New Zealand agencies are to conduct a joint review of the treatment and conditions experienced by children and young people in Police custody to ensure it is safe, humane and meetings international standards. The review is being conducted under the United Nations OPCAT framework (Optional Protocol to the Convention ... More about Review of treatment and conditions for young people in Police custody.

10 December 2010
By NZLS

Court User Survey 2010 Results

Courts Minister Georgina te Heuheu has released results from a comprehensive survey of New Zealand court users. Understanding our Court Users: Court User Survey 2010 was compiled by research company Colmar Brunton from 2,037 face-to-face interviews with non-professional court users from the 8 largest District and combined District/High Courts around the country, ... More about Court User Survey 2010 Results.

17 November 2010
By RJ Johnson, Chief District Court Judge

Practice Note – Gowns in DC

PRACTICE NOTE – COUNSEL DRESS IN DISTRICT COURT JURY TRIALS This direction in relation to dress of Counsel in jury trials held in District Courts in New Zealand will take effect on 28 February 2011. All Counsel appearing as Counsel in a jury trial in a District Court in New Zealand are ... More about Practice Note – Gowns in DC.

10 November 2010
By NZLS

Court appointed counsel guide

The Ministry of Justice manages the expenditure of funding for court-appointed counsel (including Youth Advocates, Lawyer for the Child and other court-appointed counsel). From 1 December 2009, the Ministry requires invoices and requests for extensions submitted by court-appointed counsel to follow the processes set out below. Invoicing Invoices must adhere to the ... More about Court appointed counsel guide.

10 November 2010
By NZLS

Protection orders easier to get

Principal Family Court Judge Peter Boshier says research shows it is easier now to get a protection order without notice than ever before. Between July 1998 and June 1999, 4322 permanent orders were granted, compared with 2595 in the year to June 2010. Temporary orders went from 5247 to 3171 in the same period. Judge Boshier said ... More about Protection orders easier to get.

10 November 2010
By NZLS

Child relocation instruments

Judge Boshier calls for relocation instrument Lawyers and the Courts should have access to a soundly research based international instrument setting out a uniform standard on what is in a child’s best interest when one parent wishes to relocate, Principal Family Court Judge Peter Boshier says. Speaking at an ... More about Child relocation instruments.

10 November 2010
By Daniel Ayers

Computer Forensic Evidence

Computer forensic experts use software programs to aid the collection and analysis of electronic data. The output of a computer forensic program may be introduced as evidence by an expert and used as the basis of expert opinion. Courts and practitioners may expect that forensic programs are guaranteed to be ... More about Computer Forensic Evidence.

10 November 2010
By NZLS

Medical evidence comment

Dr Min Lo and Dr Clare Healy on behalf of Doctors for Sexual Abuse Care, comment on a case covered in LawTalk 753, 28 June 2010 and Warren Pyke’s commentary on medical evidence in sexual offence cases. They say: What may not have emerged from the commentary are several important points. In ... More about Medical evidence comment.

10 November 2010
By Warren Pyke

Medical evidence

In Tuhura v The Queen, CA493/2009, 10 June 2010, the Court of Appeal considered medical evidence called by the Crown from a Doctors for Sexual Abuse Care (DSAC) doctor opining that certain injuries to the genitalia of the complainant were strongly indicative of non-consensual sex. Although this type of opinion had been ... More about Medical evidence.

10 November 2010
By NZLS

Daily recovery rates 2010

The new daily recovery rates for proceedings in the High Court and District Courts took effect on 24 May 2010. The new rates are as follows: High Court The following are the appropriate daily recovery rates for the categories of proceedings referred to in Rule 14.3 of the High Court Rules: Category 1 proceedings – $1,250 ... More about Daily recovery rates 2010.