Apr 30

New laws To Improve Jury System and Protection for Jurors

Categories:

Jury Service

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Welcome to this post from New Laws. The Safety and privacy of jurors has long been a concern for many people and a new law which came into effect in New Zealand yesterday will address many privacy concerns as well as streamlining the jury system.

New Laws on Jury Service OverdueIn announcing the new law, Justice Minister Judith Collins said that the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act would bring long overdue improvements to the jury system and improve the protection of jurors.

“Jury service is an important civic duty and those who are summoned deserve to feel safe,” Ms Collins says.

“The new Act puts jurors’ safety and privacy first by tightening access to jurors’ information and introducing provisions to make the jury process more efficient.”

Restricting access to the personal information and contact details for jurors was high on the government’s agenda. This followed a high profile case of convicted murderer George Baker who, in the course of representing himself at a trial, became privy to the names of jurors and who then wrote to one of the jury members.

Under the new laws personal information for jurors including name and address will be removed from the jury panel list and henceforth will only be able to be viewed by those eligible to view the same such as Police Prosecutors and counsel for the Crown. Where a defendant chooses to represent themselves, a lawyer will be appointed by the court to inspect information on behalf of the accused.

Another part of the jury system which has been a bit cumbersome is addressed by the new laws. A person will now be able to seek to be permanently excused from jury service on the grounds of disability or health reasons rather than having to apply to be excused on each individual occasion. Similarly, those over the age of 65 will now be able to apply to be permanently excused under the new law.

In announcing the new laws, Ms Collins had this to say “Every year on average 22,000 people over 65 are excused from jury service.”

“The new Act helps address the stress and inconvenience the current process causes many people and allows for a more efficient, less troublesome process both for people seeking to be excused and for court staff.”

For updates on new laws in New Zealand keep a regular eye on our blog page.

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Mar 21

Better Protection For Children With Crimes Act Amendment

Categories:

criminal law

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Welcome to this post from New Laws. As the honeymoon period for the new government comes to an end we can expect more legislative content and therefore, increased commentary on new laws and amendments to New Zealand Laws generally.

The Hon. Judith Collins

On the 19th of March Minister of Justice the Hon Judith Collins announced an amendment to The Crimes Act which makes it an offence to stay silent if you have actual knowledge that a child or vulnerable adult is in any way at risk of death, sexual assault or grievous bodily harm.

The Crimes Amendment Act (No 3) 2011 was passed into law in September of last year but this provision takes effect from 19 March 2012. Where violent and sexual offences are concerned the amendment strengthens the Crimes Act.

New Laws understands that the rationale behind the legislation is that children are seen as the most vulnerable members of society and therefore deserving of special protections.

The Minister had this to say in announcing the legislative changes.

“It is no longer acceptable for a person, such as a family member, to claim they were not involved in the abuse of a child when they knew a child was at risk.

“The fact that a person lived in a household and knew of abuse makes them involved,” Ms Collins says.

To show how seriously the matter is seen, henceforth, if one fails to speak up and take all reasonable steps to protect the rights of a child or vulnerable adult, the result might be charges which if proven could hold a maximum sentence of 10 years imprisonment.

New Laws understands that in the wake of a spate of knife crime in recent years this area of law also comes in for amendment. The ‘claim of right’ defence will henceforth be limited to situations where a defendant believes they have a personal or possessory right to the property in question. Exactly how that is interpreted will be interesting. Also in direct response to concerns over the incidence of knife crime, the maximum penalty for possession of an offensive weapon is increased from 2 to 3 years which will hardly have offenders shaking in their boots.

A conviction for the offence of cruelty to a child or vulnerable adult will now carry a maximum sentence of 10 years in prison which is double the former maximum of 5 years.

The insidious offence of sexual grooming of minors will now provide for offences which are discovered via police officers posing as a young person.

The new laws strengthen the Crimes Act in several key areas. If you have a query on any area of New Zealand Laws you are invited to contact your specialist Christchurch Solicitor.

 

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Jun 20

LEGAL AID REFORMS PASSED INTO NEW LAW

Categories:

Legal Aid

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New laws reports that on the 6th of April a new bill which will radically overhaul the legal aid system passed its final reading in Parliament.

Dame Margaret Bazley

The new law follows on from a report tabled by Dame Margaret Bazley at the request of the government. The report highlighted the many  failings in New Zealand’s legal aid system and called upon the government to take urgent action to restore trust in the system.

“The new legislation is aimed at improving the quality, efficiency, and effectiveness of legal aid for the people who use it, and for the taxpayers who pay for it,” Justice Minister Simon Power said.

 Highlights of the new law include

  • The bill introduces new quality assurance standards that legal aid lawyers will have to meet.  Lawyers will need to demonstrate a level of competency to a selection committee and the quality of service providers will henceforth be monitored by the Ministry. There will also be a need for periodic re application to the legal aid panel after a fixed term of up to five years.
  • The Legal Services Agency is disestablished with oversight of legal aid administration now the domain of the Secretary for Justice.
  • The bill establishes the office of the Legal Services Commissioner who will now oversee the granting of legal aid and be tasked with ensuring that lawyers in the public defence system are independent.
  • The system for low cost criminal applications will receive a major overhaul. Henceforth these applications will involve a shorter application form and repayment will not be required unless a set amount, to be determined, is exceeded.
  • The bill creates the Legal Aid Tribunal which will hear applications for a review of any decision of the legal services commissioner. This office takes the place of the former Legal aid review panel.

In addition to the new law further proposals are to be announced to address the considerable cost pressure the legal aid system is under.

The Minister advised that expenditure in the area of legal aid has increased by a whopping 61% in three years from $111 million in the 2006/7 year to a huge $172 million in 2009./10

“Together, the Government’s measures will improve the administration and quality of legal aid services and ensure that the system remains financially sustainable.” 

In the 2009/10 financial year alone the Legal Services Agency made 89,042 new grants of legal aid.

New Laws aims to provide information on new law as it passes through parliament and into law. In the event that you have a specific query on an area of law you are advised to contact your Christchurch Lawyer firm.

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Jun 14

Supervision For Trustees To Improve With New Bill

Categories:

Financial Services, Statutory Supervisors, Trustees

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New laws is pleased to bring you this post on a new Bill to improve the supervision of trustees and to attempt to plug gaps which were highlighted by the collapse of so many companies in the finance sector in recent years. With the continuing earthquakes in the Christchurch region it is opportune to be able to focus on other aspects of the economic recovery in New Zealand.

The Bill, to be known as the Securities Trustees and Statutory Supervisors Bill will mean that all corporate trustees, including Statutory supervisors for retirement villages and non restricted KiwiSaver schemes will henceforth be required to be licensed. It will be an important addition to New Zealand Laws.

The Hon. Simon Power

“The licensing regime addresses the performance problems of trustees, which were highlighted in the finance company collapses, and will help to protect investors’ interests and enhance market confidence,” Minister, Simon Power said.

New Laws understands that the scheme is to be overseen by the Financial Markets Authority (FMA) which will have the power to grant licenses to applicants which satisfy certain conditions to include evidencing that they have suitable monitoring systems as well as the requisite experience, processes and policies along with the necessary infrastructure and financial resources.

Directors and those in senior management of trustee companies will henceforth also be investigated against ‘good character’ requirements.

“This bill will protect the interests of investors by requiring trustees and statutory supervisors to be competent, perform their functions effectively, and be held accountable by the FMA if they fail to meet expected standards.

“The FMA will keep a close eye on trustees, which will have to provide regular reports on their compliance with the terms of their licence. The FMA will also have increased powers to require information from trustees and order them to act in situations when investors’ interests are at risk.”

The powers of the FMA for breach will include the ability for it to impose financial penalties and orders for compensation on behalf of investors. Any failure to comply with an order of the FMA will be an offence under the Bill and come with a possible penalty of up to $200,000.

“The penalties and compensation orders in the bill go a long way towards ensuring that if a trustee acts negligently, investors will be able to obtain proper redress.”

The new regime is expected to come into law effective from 1 October as the Government pushes through a number of new laws prior to the election including the expected abolition of gift duty signalled some time ago.

This new laws blog aims to bring you relevant posts on chnages to New Zealand Laws as they come are introduced to the house and eventually pass into new law. If you require specific legal advice then you should contact your Christchurch Lawyer or in the case of property, your expert in property law.

 

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Jun 10

Greens Reject Freedom Camping Laws – Accused Of Hypocrisy By Government

Categories:

Conservation, Environmental law

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The Hon. Dr. Nick Smith

The New Laws blog is pleased to bring you this post about the Freedom Camping Bill. The Green Party has opposed the new bill and Government Ministers Nick Smith and Kate Wilkinson say that this is nothing short of hypocritical in as much as it shows that the Green’s place more stock on people being allowed to camp where they like ahead of responsibility for the environment.

New Laws can report that in spite of opposition from the Greens and

The Hon. Kate Wilkinson

former Conservation Minister Chris Carter the bill passed its first reading in Parliament yesterday.

“I am particularly disappointed the Green Party voted against the Bill. They are being hypocritical in demanding stronger action against polluting farmers but turning a blind eye to the increasing problems in our most sensitive areas caused by irresponsible freedom campers.  They cannot pretend to be the defenders of New Zealand’s clean green brand when they put more weight on camping freely than the responsibility to do so without polluting,” Dr Smith said.

“We need to take a consistent and fair approach to all groups whose pollution is damaging New Zealand’s reputation.  The Government has more than doubled the maximum fines to $200,000 for farmers and $300,000 for industry for breaches of water discharge consents. Regional Councils have toughened up enforcement with a significant increase in the number of prosecutions.  Everyone needs to take a step up in better respecting our environment.”

New Laws reports that Conservation Minister, the Hon. Kate Wilkinson says that she finds it baffling that the Green Party seems content that some of New Zealand’s most unsullied countryside be used as nothing more than a toilet and a dumping ground.

“Freedom camping will always remain part of the Kiwi holiday culture but it’s important that we can better prevent the appalling behaviour of the minority so everyone else can enjoy their holiday.

“This Bill is about giving local councils and DOC better tools to protect areas that have been badly impacted by the growth of freedom camping. The backcountry will remain unaffected, as it should be, and no responsible, law-abiding camper is going to be impacted.”

This new laws blog is intended to bring you regular updates on new laws as they pass through Parliament. If you require information on any specific New Zealand Laws click through the link.

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May 12

First Reading For Bill To Protect Children

Categories:

criminal law

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New Laws is pleased to bring you this post in which Minister of Justice Simon Power has announced that a Bill which will amend the Crimes Act to provide stronger protection for children from violence, neglect and sexual offending passed its first reading in Parliament this week with very widespread support across party lines.

The Hon. Simon Power

“The Crimes Amendment Bill (No2) recognises that children are among the most vulnerable members of society and deserve special protection,” Justice Minister Simon Power said.

“The bill creates a new offence, with a maximum penalty of 10 years’ imprisonment, for failing to protect a child or vulnerable adult from serious harm by a member of the same household as the victim.

“The offence applies to people who do not live in that household but are so closely connected with it that it is reasonable to regard them as a member of it, as well as staff members of a hospital, institution, or residence where the victim lives.

“The offence recognises that it’s not just parents and caregivers who have responsibility for protecting our children and other vulnerable members of our community.”

New laws understands that some sentences are doubled from a potential maximum of 5 years to 10 years including those for neglect of a vulnerable adult as well as ill-treatment of a child. This also extends to the duty imposed on a parent or caregiver to ensure that all possible steps are taken to protect children and vulnerable adults from harm and injury.

“This bill has been carefully crafted to balance personal responsibility and criminal liability, and I look forward to reading the submissions to the select committee to ensure the balance is right,” Mr Power said.

Other issues addressed in the Bill include:

  • Provision for prosecution of people participating in ‘sexual grooming’ by police covert operations.
  • Increased maximum sentences for those who are convicted of offences of carrying an offensive weapon. The maximum custodial sentence will increase to 3 years from 2 years.

The Bill will now be referred to select committee for the public submission process.

The aim of this new laws blog is to keep readers up to date with developments in New Zealand Law. In the event that you have a query on a specific legal issue you are recommended to contact your Christchurch Lawyer or in the case of property, your specialist property law solicitor.

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May 05

Road Laws Change – Driving Age Increases To 16

Categories:

Road Laws, Transport

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New Laws brings you news of a change in the law with new Transport legislation the aim of which is to improve safety on New Zealand roads by improving the safety of young drivers and cracking down on problem drivers who pose a high risk to society.

The Hon. Steven Joyce

The Minister of Transport Steven Joyce heralded the new law as a vital step forward in the government’s plan to lower the road toll and improve safety on our roads.

The Land Transport (Road Safety and other Matters) Amendment Bill which includes the following provisions is expected to be fully implemented by the middle of 2012. Some highlights of the new laws include:-

  • An increase in the minimum driving age from 15 to 16 on 1 August this year.
  • Increasing the standard of the restricted licence test.
  • Enabling the Police to take alcohol readings for the purpose of research in the case of all drivers involved in a fatal or serious injury accident where there is a blood alcohol concentration of between .05 and .08 of alcohol per 100 millilitres of blood or 250 and 400 micrograms of alcohol per litre of breath.
  • Drivers under the age of 20 will have a zero drink drive tolerance under the new law.
  • Those who repeatedly offend will have their blood alcohol concentration limit set at zero for three years after receiving their licence back.
  • The courts will have the ability to require those who are serious or repeat offenders to use alcohol interlocks after a mandatory 90 day disqualification. The interlocks to be used over a twelve month period and only to be removed where the offender shows a six month violation fee period following which the three year zero BAC limit will also be imposed.
  • The maximum sentence for dangerous driving causing death will raise form five to ten years in prison.

The Minister maintained that the new laws are targeted at the serious core of repeat offenders who are responsible for one in three road deaths in New Zealand.

“The Government is sending a serious warning to high-risk drivers by giving judges the power to impose a maximum sentence of ten years for dangerous driving causing death, double the previous penalty.”

“This legislation means that the courts can require repeat alcohol offenders to complete an interlock programme – this technology physically prevents them from driving their cars.

“Offenders will also be subject to a zero BAC limit licence for three years following a period of disqualification.”

“Raising the licence age from 15 to 16, and measures to enable the restricted driving test to be strengthened reflect the disproportionate number of fatal and serious crashes involving young people.”

Once the new law receives Royal Assent the driving age will increase to 16 from August 1 this year. The remainder of the new provisions will come into force over a staggered period of twelve months.

Further information on the Road Safety and Other Matters Amendment Bill is available at www.transport.govt.nz

Further information on the transitional arrangements in place for drivers aged under 16 when the driving age increases is available at www.nzta.govt.nz.

They will be allowed to continue to hold their licence and once they turn 16 will be able to apply to the NZTA for an exemption to progress to the next licensing stage provided they have held their licence for the required minimum period, and have not committed any traffic offences.

It is the intention of this new laws blog to bring you up to the minute posts on new laws as they occur. For wider advice on New Zealand Laws you should visit our sister site. For advice on specific areas of law such as Property Law we recommend that you contact your specialist Christchurch Lawyer.

 

 

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Apr 25

Education Bill To Provide More Accountability In International Education

Categories:

Education, International Students

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New Laws is pleased to bring you this update from Tertiary Education Minister Steven Joyce who advised in mid April that The Education Amendment Bill (no. 4) passed its first reading in Parliament.

The Hon. Steven Joyce

The Bill is aimed at the many Private Training Establishments (PTE’s) which are involved in the rich export education market and is designed to see to it that higher standards are maintained and that there is greater accountability by introducing changes to the oversight of such institutions.

Changes in the Bill are designed to:

  • Vest greater powers in the NZQA to ensure that it can monitor and enforce compliance by PTE’s
  • Raise the bar for institutions seeking registration as a PTE to ensure transparency and make sure the PYTE’s attain certain minimum acceptable standards.

The Minister observed to sources close to New Laws that the legislation is now out of step with the registration process for PTE’s as a result of not keeping pace with the changes and growth in the sector in the past twenty or so years.

“The current measures available for managing performance in this sector are insufficient in today’s conditions.   NZQA’s work to drive improvements in the lowest performing PTEs is currently hampered by the outdated nature of the legislative provisions and inconsistencies within them.

“While the vast majority of providers are doing a good job, there have been incidents involving dishonest practices in some PTEs.   It is important that steps are taken to ensure such practices are not allowed to continue.

“These changes will further increase the confidence of international students in the quality and strength of New Zealand’s private education system and its protection of students’ interests.

“The increased investment in the sector, and its growing economic value to New Zealand, increases the importance of a clear and effective regulatory regime.

“International education contributes more than $2 billion in total to our economy each year – further development of the sector will bring real benefits in terms of economic growth plus additional income to allow our tertiary institutions to grow.

“It’s vital that we keep working on enhancing the quality of the sector so New Zealand remains an attractive place to study.”

New laws aims to bring you regular updates on upcoming law changes as they occur and eventually pass into New Zealand laws. In the event that you require specific legal advice on any topic you are recommended to contact your specialist Christchurch Lawyer.

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Apr 21

New Financial Watchdog Operational By 1 May 2011

Categories:

Financial Services

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New Laws advises that the new Financial Markets Authority (FMA) will be up and running and fully operational by the first of May. The bill which will establish the FMA was recently passedby a unanimous vote is known as the Financial Markets (Regulators and KiwiSaver) Bill

The Hon. Simon Power

The new market regulator will supersede the functions of the Securities Commission and Government Actuary which are being disestablished.

“I’m proud that the FMA will be up and running almost a year to the day after the Government announced it would be picking up the recommendation from the Capital Market Development Taskforce,” Mr Power said.

“I’m confident it will have the tools it needs to help restore mum and dad investor confidence in our financial markets, after issues were raised following the global financial crisis, and the failure of a number of finance companies.

“If we are to develop the kind of vibrant capital markets needed to lift New Zealand’s economic performance, and benefit companies looking to raise capital, our financial sector must be subject to clear rules, and visible, and proactive enforcement.”

New laws understands that the FMA will have a broad range of powers including :

  • The ability to bring a civil action against a participant in the financial markets in exercise of the investors right to do so even though the investor can elect to opt out of the proceedings. The power is expected to be exercised when it is deemed in the public interest to do so.
  • The power to use its regulatory power to prevent a particular product being structured in such a way as to purport to have it outside the scope of supervision by the FMA.

Minister, Simon Power also confirmed the makeup of the FMA board for the benefit of new laws. The board is to be chaired by Simon Allen. Other board members are to include Shelley Cave, Colin Giffney, Mary Holm, Murray Jack, James Miller, Justine Smyth, Michael Webb, and Mark Verbiest and there will be three associate board members who are Bruce Sheppard, Rebecca Eele, and Arthur Grimes. The FMA will be headed by new chief executive Sean Hughes

“These people bring exactly the right mix of expertise of governance experience that the FMA needs to get its job done.

“I would like to thank the members of the establishment board who have done an outstanding job in putting the FMA into place. Their work ensures that from 1 May the FMA will provide a seamless delivery of services”

The Financial Markets (Regulators and KiwiSaver) Bill also addresses issues on KiwiSaver governance and disclosure of fund performance. The proposal is that the fund manager rather than the trustees will henceforth carry primary responsibility for the accuracy of investment statements, prospectus and advertising.

The intention of this new laws blog is to bring you regular updates on new laws and general commentary on New Zealand Laws. For legal advice on a broad range of specialist areas of law you should contact your Christchurch Lawyer.

 

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Apr 07

Telecommunications Bill Additions Mooted

Categories:

Telecommunications

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The Minister for Communications and Information Technology, Steven Joyce advised in mid February of further proposed changes to telecommunications legislation. Such changes are in addition to the Telecommunications (TSO Broadband and Other Matters) Amendment Bill which was tabled with select committee in mid February also.

In previous posts new laws has highlighted the government’s plans to implement and deploy the Ultra-Fast Broadband (UFB) Initiative and the Rural Broadband Initiative (RBI). The new supplementary paper highlights legislative changes which would apply in the event that Telecom was to structurally separate.

New laws advises that this follows the public statement by Telecom that it intends to structurally separate, in effect, by way of de-merger in the event it gets the nod from the crown to partner in the  Ultra-Fast Broadband (UFB) Initiative. At this stage however, the minister is at pains to stress that no final decision has been made as to what, if any part Telecom wil have in the UFB.

Steven Joyce

“Tabling of the SOP at the Select Committee stage provides industry and customer groups with an important opportunity to input into the regulatory changes associated with any potential Telecom separation,” says Mr Joyce.

“It is also important that government is clear about the regulatory environment proposed after any de-merger, so that Telecom shareholders make an informed judgment on whether to de-merge or not should that proposal proceed.

“In order to inform the shape of these proposed amendments, the government last year sought feedback on the regulatory issues that would arise if Telecom was to structurally separate.

“The proposed amendments have been designed to preserve protections for end-users and competitors, reduce unnecessary costs and complexities, and ensure Telecom is neither unduly advantaged nor disadvantaged by de-merging in areas such as tax and land access.”

New Laws can advise that in the event that agreement is reached with Telecom in relation to the UFB initiative, then and only then will the changes specific to Telecom in the supplementary paper come into effect. Should no deal proceed with Telecom then the relevant provisions will be withdrawn from the supplementary paper.

“The SOP doesn’t impact on the Government’s ability to reach agreements with parties other than Telecom,” says Mr Joyce.

“I understand from Crown Fibre Holdings that discussions with a number of parties are proceeding well.  Crown Fibre Holdings is currently undertaking negotiations with Enable Networks for Christchurch and Rangiora, Flute for Dunedin, as well as Telecom. 

“Discussions are also underway with other UFB shortlisted parties.  This SOP does not inhibit Crown Fibre Holdings from prioritising negotiations with additional parties with whom it is in active discussions.” 

At the time the announcement was made, the minister advised new laws  that negotiations were still “wide open” but that he hopes to see good progress over the coming weeks.

Information on the Finance and Expenditure Select Committee’s process and timing for submissions on the Telecommunications (TSO, Broadband and Other Matters) Amendment Bill and the SOP is available at:

www.parliament.nz/en-NZ/PB/SC/

 For legal advice on a specific subject contact your lawyer christchurch.

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