Recent cases
Civil Procedure
Application to reconsider granting leave to advance ground of appeal which SC had previously concluded did not meet criteria in s13 Supreme Court Act 2004.
Applicant had successfully applied for leave to appeal against dismissal by CA of his appeal against conviction on charges of importing, dealing in and possession of methamphetamine and on charges of money laundering – however, only ground of appeal for which leave was granted concerned whether applicant’s trial should have been allowed to proceed with 10 jurors – SC had concluded proposed ground of appeal relating to money laundering convictions was "plainly unsustainable"
HELD: it would be in only rare circumstances that SC would acceded to an application to reconsider granting leave to advance a ground which SC had previously concluded did not meet criteria in s13 Supreme Court Act 2004 – principal submission was that money laundering involved dealing with proceeds of offending for purpose of concealing in some manner – proposed argument was that gambling away of money in public did not involve concealment of money in question – whilst there must be a purpose of concealment, the definition of “conceal” in s243(1) Crimes Act 1961 included conversion of property from one form to another – gambling involved exchange of money for gambling chips and, if gambler won, reconversion of chips back to money again – accordingly, if gambling was undertaken in order to carry out such a conversion of property, with purpose of concealing money which was gambled and thereby concealing its source, that would constitute money laundering in terms of s243 – gambling was a well-recognised money laundering technique – further, it was the intention of gambler, not effectiveness of gambling as a technique for laundering, which was required to be proved – application dismissed
Wong v R (15 February 2008, SC 53-2007)
Criminal law
Robbery – appeal against conviction on basis that a laptop computer was used in jury room during trial.
HELD: in this case Judge clearly warned jury against making use of internet to investigate any matters themselves - Judge also properly arranged to have cellphones collected before jury commenced their deliberations – what was apparent was that, during course of trial, a juror made use of his/her laptop during jury breaks – there was nothing wrong with this – it was no different from jurors making use of cellphones during jury breaks, or going back to their office to use a computer – there was nothing to suggest this use related to any enquiries relating to matters in issue at trial – whilst there was evidence laptop was in jury room during deliberations, there was no evidence it was used during deliberations – speculation laptop might have been used for an improper purpose was not enough to constitute an irregularity vitiating verdict – it was proper that a laptop be used in jury room throughout jury breaks, provided it was not used for internet searches on matters relevant to trial - there was simply no evidence, in this case, to suggest laptop was used for improper research – case involved a straightforward issue of identity which, by its nature, was unlikely to inspire a juror to conduct internet research – there was also nothing to suggest that any juror did not properly take part in deliberations – case highlighted difficulties with modern electronic methods of communication - it would be wise, given such difficulties, for Judges to now extend warning relating to cellphones to laptops, or any other device capable of communication – appeal dismissed
R v Patterson (CA 581-07, 20 February 2008)
From the Telegraph
Corr v IBC Vehicles Ltd [2008] UKHL 13
D had begun proceedings against his employer in relation to injuries suffered while at work. D required reconstructive surgery, was left disfigured and developed PTSD. He became depressed and committed suicide six years after the injury. His widow was substituted as the claimant. The issue was whether the damages claimed under the Fatal Accidents Act 1976 were too remote. Issues arose as to duty of care, whether the suicide was reasonably foreseeable, whether the suicide broke the chain of causation as it was an unreasonable act, whether the suicide was a voluntary act therefore precluding the principle volenti non fit injuria and whether the issue of contributory negligence arose.
English v Thomas Sanderson Blinds Ltd [2008] UKEAT 0556-07-2002
E claimed he was subjected to homophobic comments and banter over many years by work colleagues. The comments started when the colleagues found out that E had attended boarding school. E was not homosexual and his colleagues who engaged in the banter knew he was not gay. The case involved the Employment Equality (Sexual Orientation) Regulations 2003 and the Sex Discrimination Act 1975 and phrases within these regulations and statutes. The appeal by E was dismissed.
Notices & notes
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.
High Court Judge appointed
Dr Edwin David Wylie QC has been appointed as a Judge of the High Court.
Appointment of Crown Solicitor for Whangarei
The Attorney-General has announced the appointment of Michael Bevan Smith as Crown Solicitor at Whangarei.
Digital transcription technology introduced to the High Court
Digital audio technology for recording and transcribing evidence has been introduced by the High Court in Wellington and Auckland.
New regulations for telecommunications equipment
New regulations governing the size of and noise from telecommunications equipment such as antennas, masts and roadside cabinets have now been approved and will be drafted.
Great experience offered
The Browns Bay Citizens Advice Bureau run a free legal advice service on a roster basis every Thursday evening from
6pm to 7pm that is staffed by lawyers. The work at the bureau is varied and provides great experience for young lawyers.
Anyone who wishes to volunteer their time should contact: Ian Stevenson
Symposium: Using Law as a Sword
The aim of this University of Auckland symposium is to provide an opportunity for political activists, including lawyers, to gain a better understanding of how legal processes might be used to advance a particular political goal. Saturday 15 March 9am - 3pm, Stone Lecture Theatre, Faculty of Law, 9 Eden Crescent, Auckland.
Petroleum mining tax loophole to close
The government will close a legislative loophole to prevent New Zealand missing out on significant tax revenue from the burgeoning petroleum mining industry.
Improved access to Parliament TV
Parliament TV is now replaying question time and Thursday’s debates, enabling viewers who miss the live coverage to watch later in the evening.
Anti-money Laundering and countering the financing of terrorism
Industry update on progress of the FATF-Compliance review (and related anti-money laundering & klegislative development)
Privacy Breach Guidelines
The voluntary privacy breach guidelines follow several months of consultation with New Zealand organisations to ensure appropriateness for local circumstances.
Personal information on law firm website
Privacy Commissioner case note 100413 reports on a man who googled his name and was surprised to find a reference on a law firm’s website.
Next steps for noisy vehicles announced
The government has announced its decision on changes to the vehicle equipment rule to target excessively noisy vehicles.
Strategic assets to be protected in national interest
A new regulation under the Overseas Investment Act 2005 introduced by Order, will bolster the factors Ministers may take into account when considering overseas investment applications that affect a very narrow range of strategically important assets.
Major immigration law and policy changes underway
David McGregor and Vivienne Holm, from Bell Gully, discuss recent changes to immigration law and policy which will have a significant impact on businesses employing or seconding personnel from overseas.
Public private partnerships and New Zealand land transport projects
Peter Owles, a banking and finance partner at Buddle Findlay writes about public private partnerships and overseas experience, the New Zealand framework, advantages, disadvantages and issues.
Launch of Race Relations Report
The ethnic representation of our local government bodies is still a far cry from the diverse communities they serve. This is just one of the key messages of the 2007 Race Relations report launched by the Human Rights Commission.
"In the news..."
"Iti and co want evidence in Maori" New Zealand Herald, 6 March 2008, page A3
"Law change needed for young sexual predators - Judge" New Zealand Herald, 5 March 2008
Scott-Howman, Andrew. "'Gay' banter not discriminatory" The Independent, 5 March 2008 discusses English v Thomas Sanderson Blinds Ltd [2008] UKEAT 0556-07-2002
Law Commission
Public Registers: Review of the Law of Privacy Stage 2 (NZLC R 101)
The report identifies well over one hundred public registers in New Zealand – including rates databases and dog registers, land registers transport registers, the electoral rolls, births, deaths and marriages registers. Regulating the balance between open access to the registers and protection of personal information varies greatly. The Commission recommends that a dedicated team should review all public registers against a template set out in the report. Recommendations for resulting legislative changes should then be introduced by way of a single Omnibus Bill. However, the Law Commission’s recommendation for a public register review will not be considered by the Government until the Commission’s reference on the Privacy Act 1993 is completed early next year.
Review of Privacy - Update and Request for Input
The Law Commission has completed stages 1 and 2 of its Review of Privacy, and commenced stages 3 and 4. It would like to hear about any concerns in relation to existing privacy laws, or proposals for reform of these laws.
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