Recent cases
Criminal procedure
appeal against pre-trial change of venue determination in HC, whereby HCJ dismissed application to change trial venue from Napier to Wellington – further appeal against decision of HCJ in relation to admissibility of evidence – HCJ found evidence obtained pursuant to an interception warrant was admissible at trial
Appellant was charged with the murder of Mr Nichols on 27 August 2004 outside the victim’s Hawkes Bay farmhouse – appellant was also charged that, between the date of the murder and 10 November 2004, he procured a named person to wilfully attempt to pervert the course of justice, by making a false statement to the police - whether there was a "real risk" that an impartial jury could not be constituted in the Napier region, based on extensive media coverage and affidavit evidence indicating predetermination in relevant community – whether monitors' logs from interception period should be admitted as evidence to refresh the memory of Crown witnesses – Crimes Act 1961, s312J and s312L
HELD: no error of principle in relation to change of venue decision - there were not good and sufficient reasons to move the trial
HELD: (per majority): there were critical differences, for memory refreshing purposes, between a monitors' log and entries in a police officer's notebook – a monitors' log was not a record by a police officer of relevant times, dates, observations, and statements comprising a continuous and coherent record – instead a monitors' log logged a miscellany of times, dates, counter numbers, summaries, and occasional verbatim records which could not be verified – the logs were not capable of being read back to a suspect, checked or signed – the monitors' logs in this case ought to have been destroyed – as a result, logs had been illegally retained – s312L Crimes Act 1961 contained an express and mandatory prohibition on a Court receiving evidence of private communications unless there had been compliance with the section – the mandatory requirement "to give a written statement setting forth the full particulars of the private communication" did not extend to selected extracts of illegally retained monitors' logs – Crown’s intention to call monitors to refresh their memories from selected portions of the logs fell outside the concept of oral evidence about a private communication
RESULT: appeal against change of venue determination in HC dismissed – appeal against admissibility of certain evidence relating to interception warrant allowed – relevant witnesses would not be entitled to refresh their memories from the monitors’ logs or transcripts
R v Forman (CA 516-07, 13 March 2008)
Resource management
Priority of competing claims to take water from the Waimakariri river - whether determination of priority between competing applications for resource consent should be determined by which was the first to be ready for notification, rather than which was the first in time to make application
HELD (per majority): application to take water received priority over later applications as soon as it was lodged, so long as it was not "so deficient" that it was "incomplete" in terms of s88(3) Resource Management Act 1991 – thus an application for resource consent to take water which was not disqualified by unreasonable delay and which, although recognising the need for subsequent use applications, could not as filed be rejected as a nullity, took priority over an application which related to the same resource and which, although complete in itself, was filed later by a party with knowledge of the earlier application
Central Plains Water (CA 69-07, 19 March 2008)
From the Telegraph
The defendant admitted liability for injuries to the plaintiff (including a head injury) when the defendants car drove into a bus stop, which then collapsed on to the plaintiff. The case involves the courts determination of the issues concerning the amounts due to the plaintiff for his future care and case management and the cost of support workers.
Cornes v Southwood [2008] EWHC 369 (QB)
Notices & notes
Valedictory Sitting
Practitioners are invited to attend the valedictory sitting for The Hon Justice Anderson on his retirement from the Supreme Court.
Auckland High Court, Courtroom No. 1 on Thursday 1 May 2008 at 4:00 pm.
Practitioners are welcome to attend and are invited to wear wigs and gowns.
New agency to tackle organised and financial crime
A new agency to combat serious and financial crime, the Organised and Financial Crime Agency New Zealand (OFCANZ), will be launched on 1 July this year.
Crime statistics provide signs of encouragement
Police Minister Annette King says the lowest murder statistics for a decade show New Zealand has not become a more dangerous place in which to live.
Privacy Act Workshops 2008
The Privacy Commissioner holds workshops on the Privacy Act in Auckland, Wellington and Christchurch. Participants receive training in the Privacy Act and related legislation along with comprehensive documentation to take back to their workplaces.
CLANZ premium membership
CLANZ is launching a premium membership offering to deliver a better range of membership services including a significant conference discount, dedicated in-house resources and an online jobs site.
Classroom learning shared globally
A unique masters law course that brings together students in four countries across 16 hours of time difference in opposite hemispheres and seasons is again being offered this year at the University of Auckland Law School.
Swimming pool fencing laws to be reviewed
The Fencing of Swimming Pools Act 1987 is to be evaluated to see if it can be made more effective and to create uniformity with Local Governments in how they interpret and enforce the Act.
NZ resident individual shareholder IRD numbers now required
From 8 April 2008 New Zealand (NZ) resident individual shareholders will be required to provide their IRD number to successfully apply for either a company IRD number or register for GST during the incorporation process.
AMINZ - Make-a-wish Foundation Charity Golf Tournament
The Arbitrator's and mediator's Institue of New Zealand is holding its second annual charity golf tournament at Titirangi Golf Club at 11am on Tuesday 15 April 2008. They invite you to play in the tournament and to join with them to raise money for this worthwhile charity. The mission of the Make-A-Wish Foundation is to grant wishes to children who are living with a life-threatening illness.
Advisory Group on Restructuring and Redundancy Issues Seeks Public Submissions
The Public Advisory Group appointed to the Minister of Labour will examine the adequacy of redundancy laws and provisions. The group is calling for public submissions.
Responsible Investment Disclosure by KiwiSaver Scheme Providers
The Securities Commission has provided a guidance note to help KiwiSaver scheme providers understand this new disclosure obligation so that they can comply with the law, and investors can obtain useful information about the scheme's approach to responsible investment.
New Zealand Trade and Enterprise: administration of grant programmes - follow-up audit
The Auditor-General’s report, New Zealand Trade and Enterprise: administration of grant programmes - follow-up audit, has been tabled in Parliament.
Immigration policy changes
A number of policy changes come into effect on 31 March 2008.
Hot international jobs seminar for lawyers
Join two top recruitment companies as they lead you through an evening of hot discussion topics including working in the UK, Australasia, the Middle East and Europe. Date: Tuesday 8 April 2008 at Level 6, Chancery Chambers, 2-8 Chancery Street
Meet & Greet: 6.00 pm. Seminar: 6.30 pm onwards. RSVP to Lynette
Counsel's corner
Bell Gully's regular round-up of issues relevant to in-house counsel.
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?’
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 14 May - Phil O'Reilly, CEO, Business NZ
Wednesday 4 June - Bob Russell, CEO and Commissioner, Inland Revenue.
In the news...
Lecturer will appeal for job back
Eames, David. "Lecturer will appeal for job back". New Zealand Herald, 28 March 2008, page A5
Govt 'no' to inquiry plea appalls Ellis
Booker, Jarrod. "Govt 'no' to inquiry plea appalls Ellis". New Zealand Herald, 28 March 2008, page A5
Internet sites
Australian Taxation Law Library
This new database on Austlii was launched at the 8th International Conference on Tax Administration, "Safe Harbours and New Horizons", Sydney, 27-28 March 2008. Check out the Brochure which explains how the Library has been developed. The database consists of cases concerning tax from the High Court, Federal Court and the Administrative Appeals Tribunal of Australia, as well as other selected tax cases. Also included are Commonwealth Tax Legislation, New South Wales Tax Legislation and Victorian Tax Legislation. There is also a selection of tax journals and access to Australian tax treaties.
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.