Whiteboard for 20 March 2008
Recent cases
Criminal practice & procedure
Name suppression - whether Court had jurisdiction to hear an appeal by a media organisation against a name suppression decision – 1st respondent C faced charge of intentionally or recklessly making an intimate visual recording of another person – charge arose after C used a video camera in a bag he was carrying to film under the clothing of women in a shopping complex – after C was arrested and charged, his counsel sought diversion – in the meantime Registrar made an interim order suppressing publication of C’s name and identifying details – when C next appeared in Court he was offered diversion – C was further remanded to complete the requirements for diversion and Registrar made another interim suppression order – Registrar's power to make further suppression order was challenged by a reporter from a local newspaper – Registrar accepted he had no power to make the second order – the issue of further interim name suppression was referred to DCJ - DCJ refused to continue interim name suppression – that decision was appealed to the HC and interim name suppression continued pending appeal – HCJ allowed C’s appeal and made an interim order under s140 Criminal Justice Act 1985 prohibiting publication of C’s name and identifying particulars pending further order of the DC – appellant media organisation sought leave to appeal to CA under s144 Summary Proceedings Act 1957 from the making of the interim order - HCJ had granted appellant leave to appeal on question of the “relationship between the Police Diversion Scheme and the Court’s discretion” to prohibit publication under s140
Whether appellant was a "party" so that it could have a right of appeal in terms of s144 Summary Proceedings Act 1957 – whether proceedings could be characterised as “civil proceedings” giving right of appeal under s66 Judicature Act 1908 – whether Court should treat appeal as an application to discharge earlier order, acting as High Court Judges in terms of s57(4) Judicature Act – relationship between diversion and suppression orders, considered
HELD: status of the media in a case like the present was more akin to that of an intervener appointed under R81 High Court Rules, who was not a party in terms of appeal rights – present appeal did not arise in Court's civil jurisdiction – whether matter was civil or criminal was a question of substance and not form – name suppression was inextricably linked to the criminal process – no jurisdiction to rehear matter as High Court Judges and, even if there was, Court would not be prepared to do so – matter was shortly to be referred back to the DC – that Court would have all of the relevant information before it and would be in the best position to determine the matter – on any view of the matter there was no jurisdiction to hear appeal – appellant was not right that the fact of diversion was irrelevant to exercise of discretion under s140 – an acquittal or conviction was a relevant factor in the exercise of the s140 discretion and there was no reason why diversion should be any different – however, diversion was not, in itself, a special circumstance justifying a departure from the open justice principle – appeal dismissed for want of jurisdiction
Fairfax v Police (CA 429-07, 29 February 2008)
From the Times
Smith v Chief Constable of Sussex Police [2008] EWCA Civ 39
Smith had made complaints to the police about his former partner. Subsequently, the partner attacked Smith with a hammer and was charged with attempted murder. Smith sued the police for inaction. It was held that there must be a stage at which police officers become responsible once they have been alerted to something. Their role as police officers requires them to take action. Lord Justice Sedley stated “it is not reasonable to expect the police to answer in damages to every individual whose life or health might have been spared or saved by more competent police work, but that where, for example, someone's life or safety has been so firmly placed in the hands of the police as to make it incumbent on them to take at least elementary steps to protect it, unexcused neglect to do so can sound in damages if harm of the material kind results”.
McCartney v McCartney [2008] EWHC 401 (Fam)
The divorce settlement involving Sir Paul McCartney and Heather Mills-McCartney.
Notices & notes
Mental health services for prisoners
The Auditor-General’s report, Mental health services for prisoners, has been tabled in Parliament.
Biosecurity law change necessary for all New Zealand
Parliamentary scrutiny has determined that the bill to resolve biosecurity problems identified by the courts should go ahead. The select committee has reported back to Parliament its unanimous support for the bill..
Scholarships for the NZLS Litigation Skills Programme
Each year the New Zealand Bar Association offers a full scholarship each to two recent new members of the independent bar. Applications close 30 June 2008.
Closer Economic Relations – Closer Still and Closer?
The Faculty of Law is proud to announce the first lecture in a series of ‘Heritage Lectures’ marking 125 years of law teaching at the University of Auckland. The first public lecture, Wednesday 23 April 2008, is by Professor Jim Davis who is a living link to the School of Law’s past, being the son of Professor A.G. Davis (Dean 1942 – 1964). The lecture is entitled, ‘Closer Economic Relations — Closer Still and Closer?’
Former board failed basic tests of good governance
An independent report into the handling of conflicts of interest at Hawke’s Bay DHB has been released by the Director General of Health.
Justice and Electoral Committee Inquiry into Victims’ Rights
The Government response to the Report of the Justice and Electoral Committee’s Inquiry into Victims’ Rights has been tabled in Parliament, with Justice Minister Annette King saying the Government is undertaking extensive initiatives to strengthen victims’ rights and support provided to victims.
Electorate profiles
New, updated electorate profiles are now available on the New Zealand Parliament website. Electorate profiles provide statistical information about the people, households, schools and businesses in each of New Zealand's 70 electorates, laid out in clear tables and maps.
Doing business in New Zealand
Both Buddle Findlay and Bell Gully have produced guides for overseas investors and their professional advisers about investing in and trading with New Zealand.
Companies Office podcast service
The Companies office now offers a podcast service to keep you informed about innovative new services and other improvements as they happen, along with guides on how to use services. The first podcast is about mandatory online filing.
Minister of Revenue speech to IFA
In a speech to the International Fiscal Association conference in Christchurch, Revenue Minister Peter Dunne described the extensive consultation over tax reforms that occurs under the government's Generic Tax Policy Process. He also described progress on the large tax reformsthat have been the focus of the government's tax policy work for the last two years.
Tax reform update - speech
At the Spicers Portfolio Management Conference, Revenue Minister Peter Dunne spoke about recent tax reforms designed to help increase productivity and growth, make New Zealand businesses more competitive internationally and increase personal savings.
Prescribing change
The rapid growth and commercialisation of the NHS have led to soaring demand for advice across the spectrum of legal services. Grania Langdon-Down for the Law Society Gazette assesses how firms have responded.
President's breakfast
The President of the Auckland District Law Society invites members to hear from leading regulators and policy influencers of New Zealand. The breakfast sessions are aimed at delivering up to the minute legal and business information to lawyers practising in a range of disciplines.
Dates & speakers:
Wednesday 2 April - Jane Diplock, Chair, Securities Commission
Wednesday 14 May - Phil O'Reilly, CEO, Business NZ
Wednesday 4 June - Bob Russell, CEO and Commissioner, Inland Revenue.
ADLS Library Easter hours
ADLS Library & Research Centre will be closed for Good Friday and Easter Monday. We will be open on Easter Tuesday 25 March but will have a skeleton staff only. Research and document delivery services will be available on Easter Tuesday but may take a bit longer than usual to be completed.
RAMS Minigolf Classic
The Recently Admitted Members (RAMS) are holding the RAMS Inaugural 2008 Minigolf Classic on 27 March 2008 at Lilliputt Minigolf Resort & Country Club, Tamaki Drive. Tee off: 6:00pm. Dress: golfing apparel. Entry is based on tems of six.
RSVP with team name and members to Eileen Yee.
Rules of Conduct and Client Care
The draft of the Rules of Conduct and Client Care has been sent to the Ministry of Justice for approval. All practitioners will be bound by these rules
from the day the Lawyers and Conveyancers Act comes into force on July 1.
"In the news..."
Bill would allow compulsory paternity tests
Trevett, Claire. "Bill would allow compulsory paternity tests". New Zealand Herald, 20 March 2008, page A1
NZ's high score in crime survey 'no suprise
"NZ's high score in crime survey 'no suprise'". New Zealand Herald, 20 March 2008
Dear employee, please control your boyfriend. Missed phone call leads to storm in a latte cup
Scott-Howman, Andrew. "Dear employee, please control your boyfriend. Missed phone call leads to storm in a latte cup." The Independent, 19 March 2008, page 20 discusses Morrison v Cova Ltd (ERA, Auckland, AA27/08, 31 January 2008)
Mayor welcomes anti-tagging law
Tapaleao, Vaimoana. "Mayor welcomes anti-tagging law" New Zealand Herald, 19 March 2008, page A7
Judge slams Heather Mills in revealed court ruling
"Judge slams Heather Mills in revealed court ruling" New Zealand Herald, 19 March 2008 discusses McCartney v McCartney [2008] EWHC 401 (Fam)
Internet sites
Human Rights
The Human Rights digital exhibit at the United Kingdom’s National Archives website uses original documents scanned from their collection to illustrate the progression of rights “we today take for granted.” Covering the eleventh through twentieth centuries, the site is divided into discrete time periods for easy browsing. Within each, background history for that period is presented, as is a timeline of major events and links to scanned documents relevant to the period. A glossary provides definitions of less familiar terms, which are also hyperlinked within the exhibit. For quick access to all the scanned documents, the document index lists in chronological order the exhibit images available. As most of the documents are illegible to our modern eyes, transcriptions are provided, as are translations where appropriate. For researchers interested in human rights or legal history, this is a worthwhile website that weaves together primary source material with historical context. (Insite, Jan 2008)
Law Commission papers
Review of Misuse of Drugs Act 1975
The Commission will review the Misuse of Drugs Act 1975 and make proposals for a new legislative regime consistent with New Zealand’s international obligations concerning illegal and other drugs.