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Questions tagged [new-zealand]

The sovereign nation east of Australia.

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Tax treaty and residence country taxation

Suppose you are a scholar that has a contract at a university in state S for less than 2 years, and you are resident in your home country, say Italy. Then you successfully apply for tax treaty ...
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2answers
31 views

Ambiguous legislation and government advice

When legislation wording is ambiguous enough to potentially conflict with government advice interpreting that legislation elsewhere, how do the courts resolve the ambiguity? For example, in New ...
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39 views

Were the Christchurch gunman's guns really Category A?

Many people are in a state of shock at the moment after one of the worst mass shootings occurred in Christchurch, New Zealand. The incident has only just occurred, but there are many questions about ...
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49 views

Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
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12 views

Does plaintiff need to file affidavit of his own statement of fact?

A pro-se plaintiff in a civil proceeding files a Statement of Claim in which he explains his Causes of Action, refers to attached documents ("Annexures") and contends his points about what the ...
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1answer
92 views

Why would a party to civil proceeding suggest amicus curiae (counsel assisting the court)?

A defendant in a civil proceeding chooses to play no active part and says they will abide the court's decision. However, they add that because "the Court is left with no active contradictor in the ...
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2answers
91 views

Driver's liability for friend passenger's losses in an accident

Alice and Bob are friends. One day they decide to go on a road trip in Bob's car. It has started freezing and the road may be icy. Bob drives below the speed limit and applies some extra care that he ...
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1answer
23 views

Meaning of “apart from this section”

Reading Crown Proceedings Act 1950 I came across a use of the phrase "apart from this section" which I can't make much sense of: 14 Method of making Crown a party to proceedings (1) Subject to ...
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2answers
76 views

Are indemnity agreements common with family lawyers?

I asked a law firm to prepare a separation agreement for me. I already paid them about half of the costs. Now they insist that I'm entitled to much more than we agreed to with my ex-partner. I'm fine ...
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2answers
142 views

Is it illegal for a driver to ask a young lady to get in?

This question has been induced by this news where the police is apparently searching for a driver who asked a 16-year-old lady to get into his car. The age of consent in New Zealand is 16, therefore ...
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2answers
92 views

Do US laws apply worldwide? Which US laws apply worldwide?

Do US laws apply worldwide? Kim Dotcom, never in USA, yet court proceedings for extradition from New Zealand to USA ongoing. A Chinese arrested in Canada during layover for breaking US sanctions law. ...
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2answers
188 views

Standard of proof required to prevent dismissal of criminal charge before trial

In New Zealand, a judge may dismiss a criminal charge before trial if "the Judge is satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant" (CPA s147(4)...
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3answers
118 views

Are lawyers generally discouraged to give high level/strategic legal advice?

Seven working days ago I emailed eight lawyers based in a medium-sized New Zealand city and specialized in criminal law. The emails were: Dear Firstname Lastname, I am seeking legal advice as ...
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2answers
349 views

Do judges get penalised when their decisions are quashed by a higher court?

In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in ...
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1answer
95 views

Getting courts to reconsider judgment when new evidence crops up

Say a District Court in New Zealand considers a proposed private prosecution and makes a ruling R that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
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3answers
174 views

Will I have to appear in court or another proceeding about a suicide I discovered?

I was riding my bike to work, and found someone lying in the grass on public land (the road verge) not private property. He appears to have died of his own intentional actions. The police were called,...
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2answers
59 views

How can plaintiff/prosecutor hold the court to account if it intentionally stalls proceeding?

When the ball in court proceedings is on the judge's side, i.e. the judge is taking their time to work out directions/decisions, and it takes too long — what legal recourse does the plaintiff or ...
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1answer
41 views

Do citizens of the Cook Islands automatically have New Zealand residency?

I am wondering about the residency requirements for New Zealand. Do citizens of the Cook Islands automatically have New Zealand residency? I know that New Zealand citizenship is not automatic and has ...
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1answer
87 views

Is there duty to mitigate damages by killing and replacing injured animal instead of curing it?

Say somebody ill-treated my animal which I kept as a pet. It got severely injured. To survive, it had to stay at the veterinary for 2 weeks. The bill was 20x times higher than the market price of the ...
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85 views

Is it enforceable contract to withdraw private prosecution charges for payment?

Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob. Rob, seeing that things are ...
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2answers
134 views

Defendant pays witness to say “I don't remember”. What can be done to prevent/deal with this?

Say Rob commits a crime against Bob, and Matt witnesses it. Right after the incident Matt is outraged about what Rob did and sympathetic to Bob. He talks to Bob and assures him that he will tell the ...
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4answers
146 views

Is criminal prosecution up to the police/state or can an individual push it?

What can an individual do to get someone prosecuted (apart from reporting the matter to the police and giving testimony)? What if the police is reluctant to give traction? If this question is too ...
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0answers
50 views

Can addressee of lost in post item break the privity of contract between sender and post?

Alice, living in country A, sold an item to Bob, living in country B. She sent the item using A Post, tracked but with no insurance (the sale contract obliged her to ship the item, not deliver). The ...
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1answer
20 views

Who pays rates for property sale/purchase settlement day?

In New Zealand, properties pay rates to councils/local authorities. These are calculated yearly for periods with specific dates (e.g. 1st of April through to 31st of March, both inclusive). When a ...
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1answer
33 views

What prosecution can one expect for violation of information privacy principles in New Zealand?

I recently received a marketing letter in my mailbox from a building supplies company that I had never dealt with. Upon contacting them I found out that they had bought a database of people who had ...
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1answer
196 views

Can one claim unclaimed poultry living on their property?

Some time ago I dug out a pond on my piece of land in a small rural town in New Zealand. The intention was to attract wild ducks there and maybe have some domestic ducks, which I told all my ...
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52 views

In Canada and England & Wales, why' 'versus' pronounced as 'and'?

Source: Introduction to The Study of Law (8 edn, 2016), p. 11 Middle. THE LANGUAGE Of LITIGATION   The parties to an ordinary civil action are called the plaintiff and defendant ...
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3answers
318 views

Can one contract a non-lawyer to represent them in court and get the other party pay for fees?

Say I want to sue someone (or I am being sued by someone) but I neither want to hire a lawyer nor represent myself in person (civil case, not criminal). Would I be able to hire, for example, a law ...
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2answers
84 views

Is this considered a tax scam in New Zealand?

Someone I know has led a business in New Zealand for a few years without paying any taxes whatsoever. He sold the business a few months ago and I'd love to know whether he is obliged to pay the debts ...
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2answers
66 views

In what legal form can one shape their de facto occupation of local authority land?

I own a section in a small rural town in New Zealand. The boundaries of it are well known as I did a redefinition survey to find them out. Let's call this land A. Historically, land A has had a piece ...
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1answer
82 views

Who owns the intellectual property that I complete outside of work?

I'm currently employed for a company as a software engineer. In my own time separate from my employment I write software. The software I write on my own has nothing remotely to do with my employment. ...
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1answer
42 views

What legal action can be taken to stop someone placing rubbish in my mailbox?

Over the last week I noted twice that somehow a tuft of hay appeared in my mailbox at the rural property I am living in. It could be kids, or perhaps someone wanting to play or to leave me a message ...
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2answers
150 views

Can the Whanganui river be prosecuted for corporate manslaughter?

On March 15th, 2017, a law was approved in New Zealand recognising the Whanganui River as a legal person. In accompanying media articles it wasn't clear whether this meant a living entity, a person or ...
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1answer
37 views

Trademarks replicate - America's Cup boat model [duplicate]

We receive an order to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to ...
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1answer
473 views

Can I claim asylum after I land in New Zealand with visit visa?

I'm having the following situation: My home country has been in civil unrest for about 7 years, you may guess the name.. And because of my age I am under the risk of being immediately take into ...
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2answers
78 views

America's Cup boat model

We would like to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to replicate ...
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4answers
63 views

Changing price of item after order has been confirmed

I recently made a purchase on an online shop for an item listed as $42 + 15% GST, this was fine so I made my order and I was sent conformation that my order had been received. The next day I received ...
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1answer
102 views

Is it legal for a company to take over management of my property after buying a rent roll without my explicit authority?

My rental property has been managed for a couple of years by company A. I recently found out that management of my property had been sold to company B and that I wasn't informed earlier as it was hard ...
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1answer
65 views

Without Prejudice section of a letter

I believe I have a good understanding of the meaning and implications of using the words "without prejudice" in a document which you may want to show in court. To date, when I have offered a ...
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1answer
2k views

Can I claim asylum inside New Zealand but not at the port of entry?

I'll head to New Zealand as I don't need a visa to travel there. I'm persecuted in my home country and after having enough (really enough) I'm leaving soon. I'll enter New Zealand by airport. Can I ...
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2answers
360 views

Is it possible to get extradicted to a country you never have been to?

I'm trying to wrap my head around the MegaUpload / Kim Dotcom case for quite a while now. On twitter he claims: I never lived there I never traveled there I had no company there But ...
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2answers
154 views

Can someone be enforced to pay the difference if they were charged incorrectly in the first place?

I'm in New Zealand, but I'd be happy to hear an answer for your jurisdiction too. Due to a glitch in a billing system a single client was billed for some monthly service zero dollars. That client has ...
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2answers
845 views

Difference between employer vicarious liability and personal liability

The Health and Safety in Employment Act in New Zealand is a criminal provisions act. So employers can be both vicariously and personally liable for actions of their employees. When may an employer be ...