Electoral Act 1993 – s 180(5)(a) recount of votes – recount process - different result from the original election result – s 180(10) order for amended declaration result granted Re an Application for a Recount of Electorate Votes in the Māori electorate of Tāmaki...
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Guilty plea and conviction upheld after co-defendant acquitted of aggravated robbery
Appeal against conviction following guilty plea – Criminal Procedure Act 2011 – Solicitor-General’s Reference – question of law whether co-defendant’s acquittal in aggravated robbery irreconcilable with defendant’s conviction – different elements of offence – Court of...
Student fails in age and discrimination claim against university
Human Rights Act 1993, ss 53, 55, 65 – policy restricting access to student accommodation to those aged under 20 – claim of discrimination on the grounds of age and indirect discrimination on grounds of disability – does exception in relation to hostels (s 55) apply?...
Labour’s Bill to license residential property managers headed for the dustbin
Major changes are expected to the Residential Property Managers Bill – if it survives the change of government. Introduced on 18 August, in the dying days of the previous administration, the Bill establishes a new and comprehensive regulatory regime for the currently...
Will this new government roll out change or be rolled over?
‘Some common law rights presumably lie so deep that even Parliament cannot overturn them’ – Taylor v NZ Poultry Board [1984] 1 NZLR 394,398 (Cooke J) A week ago, criminal barrister Lucy Rogers was arrested and hand-cuffed by police for holding up a hand-lettered sign....
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LawNews – Issue 43 | 2023
New report casts spotlight on ‘irredeemably racist’ criminal justice system
Treat alcohol and drug abuse and addiction as a public health issue. Remove benefit fraud prosecutions from the criminal jurisdictions. Overhaul the legal aid system and invest more in community law centres. Improve access and resourcing to therapy in prisons and...
Banks and insurers seek clarity on good conduct and licensing regime
Financial services businesses are in limbo after a bombshell revelation from the incoming government that it might scrap legislation designed to clean up the conduct of the banking and insurance sectors. Though passed in mid-2022, after banks, insurers and nonbank...
How the Defamation Act might be reformed
In the 30 years since our Defamation Act 1992 came into force, comparable jurisdictions have overhauled their legislation: England in 1996 and 2013, Australia in 2005 and 2021, Scotland in 2021 and Ireland in 2009 (with further reforms afoot). By contrast, in New...
LawNews – Issue 42 | 2023
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On Demand -CPD PackagesWe are committed to connecting the legal profession and do so through a diverse events programme. All bundles include a bonus of at least30 minutes CPD.[dpdfg_filtergrid custom_query="advanced" multiple_cpt="cpd-packages" post_number="20"...
Important update: Changes to Family Without Notice and Mental Health – effective 5pm Friday 24 November
Please note the changes below which come into force from 5pm this Friday 24 November 2023. Family Court Without Notice Application changes (Northern Region) From Monday 27 November 2023 the receiving and processing of family applications filed without notice in...
Taxation of Trusts 5th Edition
AI and the law
AI and the lawPolicy / Reform: A white paperPublished by the Technology and Law Committee of The...
Jailhouse litigant fails to overturn conviction for escaping from custody
Senior Courts Act 2016, s 74(2) – questions of general or public importance – risk of miscarriage of justice – abuse of process – disguised extradition – New Zealand Bill of Rights Act 1990, s 22 – arbitrary detention – extra-territorial application Phillip John Smith...
Governance group fails to nail MSD for ‘pay and walk away’ approach to covid-19 wage subsidy payments
Judicial Review Procedure Act 2016 – Crimes Act 1961 ss 220(1), 228, 240 & 246 – definition of fraud – actual practice – reviewability of resource allocation decisions – scope of judicial review – reviewability of decisions not to prosecute – judicial restraint...
Victim’s share of offender’s compensation set aside by Supreme Court
Prisoners’ and Victims’ Claims Act 2005, s 64 – meaning of ‘serving a sentence of imprisonment’ – approach to interpretation and statutory purpose – relationship between Parole Act 2002 regime and relevant provisions of Prisoners’ and Victims’ Claims Act Van Silfhout...
Whakaari White Island defendant convicted of major health and safety failure
Health and Safety at Work Act 2015 – Whakaari White Island – person conducting a business or undertaking – workplace – reasonably practicable – other persons WorkSafe New Zealand v Whakaari Management Limited [2023] NZDC 23224. Located in the eastern Bay of...
Nurse suspended and censured for spreading covid-19 misinformation
Health Practitioners Competition Assurance Act 2003 – Health Practitioners Disciplinary Tribunal – Nursing Council Code of Conduct – practitioner’s use of social media – whether conduct amounts to negligence or brings profession into disrepute – freedom of expression...