Whiteboard for 31 July 2008
Recent cases
SENTENCE - misuse of drugs - appeal against sentence of 2 years and 9 months imprisonment in relation to charge of supplying cannabis (Class C drug)– whether distinction should be drawn between offences of cultivating cannabis and supplying cannabis – submission that it was a well settled sentencing principle that offences of cultivating or manufacturing drugs were treated more seriously than supplying because the former types of crime increased a drug’s availability
HELD: approach in R v Fatu, in relation to methamphetamine (Class A drug), did not translate to sentencing for cannabis offending – methamphetamine was largely homogenous and quantities made, imported or traded were a fair reflection of culpability – in contrast, cannabis varied in form, quality and value; quantity was only one measure of culpability – in relation to cannabis the offences of cultivation and possession for supply often related to different stages in the same operation, conducted by the same person – two offences were frequently described as associated or interrelated and CA had recognised a "close analogy" between growing and dealing for profit – no distinction should be made between selling and cultivating cannabis – whilst it was appropriate, in certain circumstances, for sentencing Judge to allow a deduction against starting point for compliance with a restrictive bail regime, it was for sentencing Judge to evaluate all relevant circumstances –sentencing Judge was in best position to undertake evaluation - appeal dismissed
R v Gray [2008] NZCA 224
SENTENCE - appeal against sentence imposed following failure to complete sentence of community work – appellant had entered a guilty plea in relation to charge of assault with a weapon – Judge imposed sentence of 150 hours of community work, in accordance with sentencing indication – appellant then completed only 4 of those 150 hours, before expiration of completion date – on a probation officer’s application, Judge cancelled sentence of community work and imposed sentence of 8 months imprisonment in substitution – at the same time Judge convicted and discharged appellant on charge of breaching his community work sentence and imposed a sentence of 1 month’s imprisonment in relation to trespass charge, to be served concurrently with 8 month sentence of imprisonment
HELD: in re-sentencing under s68(3)(c) Sentencing Act, Judge must be concerned to impose a sentence that could originally have been imposed on offender – substituted sentence should not include any element of sanction for failure to comply with community work sentence – s71 Sentencing Act created a specific offence of breach of community work sentence, and that was the appropriate mechanism to deal with that issue – in this case sentence of 8 months imprisonment bore no relationship to sentence of 150 hours community work originally imposed, or the factors giving rise to it – substituted sentence reflected Judge’s understandable frustration at being misled by appellant, when he accepted sentence indication – basis on which sentence was formulated was wrong in principle – appeal allowed – on charge of assault with a weapon, 3 months imprisonment substituted – on charge of breach of community work, cumulative sentence of 2 months imprisonment imposed – on trespass charge 1 months imprisonment imposed, also to be served cumulatively – thus, effective sentence of 6 months imprisonment imposed
R v Morgan (11 July 2008 – [2008] NZCA 232)
Notices & notes
First appointment round for Senior Counsel
The Attorney-General, Hon Dr Michael Cullen, together with the Chief Justice, the Rt. Hon Dame Sian Elias, have announced that the first appointment round for Senior Counsel (formerly Queen’s Counsel) will take place in 2008.
RAMs Boardroom Bash
Bell Gully invites Recently Admitted members (RAMs) to a Boardroom Bash on Wednesday 27 August 2008 at Vero centre, 48 Shortland St, Auckland for drinks and refreshments from 5:30pm to 8:00pm. Please RSVP to Eileen Yee.
Swearing-in ceremony
David McNaughton is to be sworn in as a Judge of the District Court on Friday 8 August 2008 at 4:00pm at the Auckland District Court, Courtroom No. 7. Practitioners are welcome to attend..
Human Rights at the Frontier - Legal Research Foundation conference
The Legal Research Foundation is hosting a 1 day conference "Human Rights at the Frontier: New Zealand's immigration legislation - an international law perspective".
Friday 12th September 2008, 8:30am - 5:00pm at the Hyatt Regency Hotel, Waterloo Quadrant, Auckland.
Real Estate Agents Bill reported back
The Bill overhauls the Real Estate Agents Act 1976 and puts an end to the industry’s self-regulation and introduces a range of new consumer protection measures, including compensation for consumers who have been ripped off.
Committee report on Commerce Amendment Bill
The Bill amends the price control provisions applying to sectors not faced with competition, such as electricity lines, gas pipelines and airports.
Warehouse decision a victory for consumers
The Commerce Commission says a decision Commerce Commission v Woolworths Ltd & Ors by the Court of Appeal overturning the High Court decision on ownership of The Warehouse Group Ltd is a victory for supermarket consumers and competition in markets.
Lawyers needed for NZ Lawyers Cricket team
Lawyers are being sought to form a New Zealand Lawyers Cricket Team to play at the Lawyers Cricket World Cup in Cambridge, England, July 25 to 3 August 3, 2009.
The team will be hosted by the Team Committee of the Bar of England and Wales Cricket Club. Wives and partners are most welcome to participate in the trip.
Costs have still to be finalised. An Australian Cricket Lawyers Week will be held during late December early January 2009 to which NZ Lawyers are invited.
Further information and application forms are available from John Dean
Appointment to the Securities Commission
Elizabeth (Liz) Hickey has been apponited to the board of the Securities Commission, for a term of five years.
Ministry of Economic Development annual presentation survey - have your say
The Ministry of Economic Development presents a "Business update" seminar throughout New Zealand each year. These presentations advise you of any changes and the annual highlights of the Companies Office, Personal Property Securities Register, Intellectual Property Office of New Zealand and Insolvency and Trustee Service. They would like to know what you would like to see in these presentations, your concerns, interests and suggestions.
DTA progress: Czech Republic, UK update
Arrangements for a new double tax agreement with the Czech Republic took a further step towards completion with the signing of an Order in Council that incorporates it into New Zealand law. A second Order in Council completed legislative procedures for the update of the 1983 double tax agreement with the United Kingdom. Both are expected to enter into force in late August or early September, once final diplomatic procedures have been completed.
Crown and Ngāi Tūhoe sign Terms of Negotiations
Ngāi Tūhoe and the Crown have signed Terms of Negotiations, marking the beginning of negotiations for the settlement of Ngāi Tūhoe’s historical Treaty of Waitangi claims.
Immigration policy changes
Several changes to temporary entry policy and residence policy come into effect on 28 July 2008..
Bell Gully's Regulator Report - July
The Bell Gully Regulator Report lists recent changes, decisions and developments at the main New Zealand corporate, commercial and competition regulatory bodies and also lists relevant updates from the Australian Competition and Consumer Commission.
Buddle Findlay’s update on commercial law - July
Buddle Findlay’s commercial lawyers have produced this legal update on commercial law developments. It is intended to be a short summary of significant or interesting developments combined with practical tips.
Annual Reprints Survey
The Parliamentary Counsel Office is currently consulting on its annual reprints programme for 2008-2009. Let them know what you think should be reprinted over the forthcoming year.
The survey response form can be completed online at or by downloading the pdf and mailing or faxing it back to us.
Law’s curb on totalitarianism
Professor Martin Krygier, here as the NZ Law Foundation Distinguished Visiting Fellow for 2008, will speak on "Misconceiving the rule of law: Why those who have it find it hard to understand and those who need it find it hard to get". Thursday 7 August, 6.15pm, Stone Lecture Theatre, School of Law, 9 Eden Crescent, Auckland.
Justice Goddard to give Ethel Benjamin address
Dunedin Art Gallery at 12.30pm for a 1pm start on Thursday 14 August.
New Zealand Governance Centre Inaugural Conference
Friday, 15 August and Saturday, 16 August 2008
The Legal Research Foundation is offering its support to this inaugural conference hosted by the New Zealand Governance Centre.The New Zealand Governance Centre has been established as an interdisciplinary Centre that will undertake and promote research in governance including corporate governance, the governance of small and medium sized enterprises, and not for profits, Maori governance, and leadership.
1st New Zealand Bar Association International Conference
The 2008 New Zealand Bar Association Annual Conference will be held in Sydney this year, the weekend of Friday 15 and Saturday 16 August 2008. The Bar Association plans an exciting programme with input from the New South Wales Bar Association. The theme of the conference is A Global Approach to Law – Life as a Barrister in the 21st century.
Twenty years on from the Cartwright Report
Key figures involved in the cervical cancer inquiry will speak at a forthcoming conference marking the twentieth anniversary of the Cartwright Report. The one-day conference, "Twenty years after the Cartwright Report: What have we learned?", will be hosted by the Faculty of Law at The University of Auckland and held at the Hyatt Regency on 29 August.
St Thomas More dinner
The annual St Thomas More Dinner is to be held at the Northern Club, Princes St, Auckland on Wednesday 10 September 2008.
The speaker is Patrick McClure, currently a director of Macquarie Bank Australia and previously the chief executive of Mission Australia, formerly Sydney City Mission. A booking form may be obtained from Bernard Smith.
IBA conference 2008
Buenos Aries 12-17 October
Early bird registrations close on 25 July 2008.
Australia and New Zealand Sports Law Association conference
The ANZSLA 2008 Conference 'Sport:A political football' will be held at the Melbourne Cricket Ground (MCG) between October 15th -17th.
21st LawAsia Conference 2008
29 Oct - 1 Nov 2008, Kuala Lumpur Convention Centre
Judges, lawyers, academics and others interested in legal issues affecting the Asia Pacific region are invited to attend LAWASIA’s premier conference.
In the news
Grocery giants mull Warehouse tactics after takeover blocked New Zealand Herald, 31 July 2008 discusses Commerce Commission v Woolworths Ltd & Ors (CA 55-08, 31 July 2008).
Slade, Maria. Bridgecorp director accused of trying to curb audit New Zealand Herald, 30 July 2008.
Siemer appeal dismissed New Zealand Herald, 29 July 2008 discusses Siemer v Hodgson & Anor (CA 226-07, 24 July 2008)
Internet sites
Law Society website
The New Zealand Law Society has a new website. It provides: information and services for lawyers and information for the public, including information pamphlets to inform the public of their legal rights, the law and how lawyers can help. The site also provides information about the standards of professional behaviour expected of lawyers and a complaints service. The Society welcomes your feedback about their new site. Besides the new website, the Society has two new 0800 numbers. One is to receive complaints, and this number is 0800 261 801 (as from 1 August). The other freephone number will be for lawyers and law firms who want to enquire about matters relating to the registry, admission, practising certificates, practising on own account, and similar matters. It will be 0800 22 30 30.
Law Commission papers
Towards a New Veterans’ Entitlements Scheme: A Discussion paper on a Review of the War Pensions Act 1954 (NZLC IP7, Wellington 2008)
The Law Commission is a review of the War Pensions Act, in close consultation with the RNZRSA. This paper will help guide further discussion in the lead up to the rewrite of the Act.
Review of The Civil List Act 1979 (NZLC IP 8, Wellington, 2008)
This Issues paper reviews the provisions and operation of the Civil List Act 1979. The paper raises questions and options for discussion and comment. The Commission welcomes any comments or submissions on the Issues Paper. The closing date for submissions is Friday 5 September 2008.