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Questions tagged [new-zealand]

The sovereign nation east of Australia.

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Not at fault vehicle accident - can I refuse to allow the car to be written off?

This is a simplified/fictionalized event to help me understand the law/my rights. If jurisdiction matters, I am in New Zealand. I have a vehicle which has sentimental value to me in excess of its ...
davidgo's user avatar
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2 votes
1 answer
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Why is the Treaty of Waitangi not considered a legal document?

The Treaty of Waitangi is a founding text in New Zealand, which documents a political agreement signed in 1840 between Captain William Hobson as consul for the British Crown, and a number of Māori ...
Adam Burke's user avatar
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1 answer
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Why is Mr. E (recent NZ rape convict) full name abbreviated in the appeal judgment?

It is common practice in the U.K. to anonymise sexual assault victims’ identities in court filings, but why in this NZ case are all the parties’ names apparently withheld?
TylerDurden's user avatar
0 votes
2 answers
124 views

Sham gift scheme to evade foreign buyer tax

Reading the National party's intention to impose 15% tax on foreigners buying property in New Zealand, I wonder if the following scheme could well flourish if that plan came to reality. Say Yáng, a ...
Greendrake's user avatar
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1 answer
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Removal of branding constituting trademark infringement

A common brand of commercial refrigerators used in stores in my country all have the following sticker on them (emphasis mine): Trademark Infringement The [Brand Name] trademark on this product is ...
Aaron's user avatar
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4 votes
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Which law spells out judicial immunity?

I am trying to find the exact piece of New Zealand legislation that defines the immunity of judges from civil claims resulting from doing their job (or any immunities they may have). Section 23 of the ...
Greendrake's user avatar
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3 votes
2 answers
130 views

Is an "anti-copyright" notice legally significant?

I found a picture of a record sleeve for an album independently released in New Zealand, and on the back it says "Anti-copyright (band name) 1986". There is a wikipedia page for "anti-...
MKU's user avatar
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2 votes
2 answers
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What is the legal status of New Zealand's tobacco legislation vis-a-vis the Human Rights Act of 1993?

The government of New Zealand recently passed a law aimed at eliminating tobacco usage. Rather than prohibiting the purchase of tobacco products altogether, the law instead prohibits their purchase by ...
Obie 2.0's user avatar
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1 answer
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Is it illegal for a company to own an overseas company that breaks the law?

I live in New Zealand. I have a company here in NZ which is the sole owner of an overseas company. The company overseas has activity that is legal in that country, but very illegal back here in NZ. ...
Enzo's user avatar
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5 answers
712 views

Is citizenship a requirement to become a prosecutor/ judge in the US, the UK, Canada, Australia and New Zealand?

As I am currently pursuing a law degree in International and European law, I was looking at job opportunities in English-speaking countries. I know the basic (technical/ academic) requirements to ...
user8365304's user avatar
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2 answers
146 views

Where do defendants found guilty get discharged without conviction?

In New Zealand, a defendant may be "discharged without conviction" after found guilty. Courts would apply such a discretion where they are satisfied that the consequences of conviction would ...
Greendrake's user avatar
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Disputes Tribunal handling confidential information (New Zealand)

If a party has information that is confidential in nature, do court procedures allow for this information to be provided to the Adjudicator without a copy being presented to the other party. For ...
davidgo's user avatar
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2 votes
3 answers
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Enforcement of agreement by subsequent party

I am trying to get my head around how the law perceives and deals with an element of how countries deal with contractual obligations where the contracting parties change. The specific case is this ...
davidgo's user avatar
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3 votes
1 answer
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Someone has recreated (part) of my blog years after it closed. Same domain. Do I have any recourse?

I used to have a travel blog - nothing fancy, but at https://www.marksmayo.com (please only visit with adblock to avoid giving them any ad revenue). I let it expire a couple of years ago, backed up ...
Mark Mayo's user avatar
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1 answer
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Claim for damages where store is unable to deliver goods

Bob ordered/paid for an item exclusively stocked by a store in the UK in limited quantities, to be delivered to New Zealand by courier (normally delivered within 1 week of shipment). The item was in ...
Greendrake's user avatar
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1 vote
1 answer
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Am I person under New Zealand law?

New Zealand has an Interpretation Act 1999 with the purpose: (a) to state principles and rules for the interpretation of legislation; and (b) to shorten legislation; and (c) to promote consistency in ...
steinybot's user avatar
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Is it illegal for criminal defendant to approach the prosecution witnesses?

Is there any law that prevents criminal defendants (where they are remanded at large or on bail without corresponding conditions) or their lawyers from talking to the prosecution witnesses? I note ...
Greendrake's user avatar
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7 votes
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"Does not put forward a case inconsistent with the confession" of guilt

In New Zealand, duties of defence lawyers require them to "not put forward a case inconsistent with the confession" if the defendant confesses his/her guilt to them (13.13.2(a)). What ...
Greendrake's user avatar
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2 votes
1 answer
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Deed of undertaking between neighbours

Neighbours have an issue about their adjoining land parcels and have verbally agreed to sort it out in a certain way. One of them wants to make sure that the other is aware of the consequences and ...
Greendrake's user avatar
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1 vote
2 answers
378 views

Permissibility of ex-parte communication for judges in the US

Watching some legal movies it struck me as odd where judges are portrayed talking to one of the parties in the absence of the other (ex-parte communication). Say in New Zealand, this amounts to ...
Greendrake's user avatar
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Telco obligations on cable going across driveway (New Zealand)

I have a cable with phone lines on a pole across outside my house going across my driveway.Occasionally I have large trucks which need to come into my property but are unable to do so because the ...
davidgo's user avatar
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1 vote
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Can owner of stolen goods found for sale subpoena seller to disclose the source?

Someone steals Bob's bike in 2010. In 2020 Bob finds it for sale. It's too late to prosecute for theft, so the police wouldn't bother. Of course Bob doesn't know if the seller was the thief. The bike ...
Greendrake's user avatar
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1 vote
2 answers
253 views

Are inferior courts bound by a decision of a minority of the Supreme Court judges?

Say the Supreme Court of 5 judges (in New Zealand) makes a judgment. Two of the judges (minority, though one of them is the Chief Justice) express a separate opinion on a question of law. Are the ...
Greendrake's user avatar
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2 votes
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Liability for pushing trespassing stock out on the street?

Bob's land (in an urban area) has been trespassed by Rob's bull which has already caused some damage. Bob has repeatedly asked Rob to keep the bull out, but Rob has not been caring enough. Bob has ...
Greendrake's user avatar
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3 votes
1 answer
235 views

Who is responsible for the bull's damage?

Bob owns and lives on a piece of land adjoining another, vacant one owned by Alice. There is a sheep fence between them which Bob has installed at his own expense (even though he legally could demand ...
Greendrake's user avatar
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0 votes
0 answers
43 views

New Zealand Parent Resident Visa 1000 per year Quota selection criteria?

I have been exploring New Zealand residence visa options for me and my parents. I have tried but am unable to ascertain the following: The New Zealand Parent Residence visa (which allows indefinite ...
Yashveer Singh's user avatar
9 votes
4 answers
1k views

How common are import bans of what is freely traded on national markets?

In this question I will give an example of a law that effectively bans the import of (and makes attempted import without prior approval a crime) certain goods that can be freely bought and sold on ...
Greendrake's user avatar
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2 votes
1 answer
101 views

Can difference in price be damages?

Bob places an online order. The store confirms that the exact thing Bob ordered is in the warehouse and can be shipped immediately, and sends invoice. Bob pays. Several days later the store says that ...
Greendrake's user avatar
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0 votes
1 answer
70 views

Coronavirus Lockdown Laws - New Zealand

It is widely understood that New Zealand is in a "Level 4" lockdown due to the Coronavirus. While this is sensible and logical - can someone point me to the obvious f I am missing - how have these ...
davidgo's user avatar
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19 votes
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Are lawyers permitted to advise what the best decision is likely to be?

I have engaged lawyers (who I have not dealt with before) to convey my property. New Zealand being "in lockdown" due to COVID19 has somewhat complicated the transaction. The advice I have received ...
davidgo's user avatar
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3 votes
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Rights to deal with tresspassing livestock (New Zealand)

I have a herd of sheep which keep coming onto my land, "fertilising" the ground and killing my fruit trees - and despite my efforts I have been unable to locate the owner of the sheep (The property ...
davidgo's user avatar
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0 votes
2 answers
74 views

Resolving question of conflict of Laws

In a dispute with a government department it appears there are 2 laws which conflict. The defendant is accused of wrongdoing under the law in question. Is this kind of matter something that can be ...
davidgo's user avatar
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0 votes
2 answers
77 views

Breaching and unconditional agreement

An agreement is drafted between 2 parties to sell a small business. The agreement is unconditional. The agreement requires the vendor provide a breakdown of prepaid amounts on settlement by a given ...
davidgo's user avatar
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1 vote
0 answers
244 views

Ownership of email

I am employed for a company (in New Zealand) that has its own domain and which runs their own mail server. At the time of my employ I was at liberty to forward email from (myemail)@(company.name) to ...
davidgo's user avatar
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11 votes
2 answers
2k views

Summary Proceeding in New Zealand - Denying liability but not requesting a hearing

I have been accused of a minor offense, and the process that applies is the Summary Proceeding Act 1957, Section 21. I have been served notice, and have denied liability for the defense. (I have ...
davidgo's user avatar
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2 votes
1 answer
89 views

ISP / Internet Cafe liability for copyright infringement in NZ

I recently visited an Internet Cafe in New Zealand that has "Popcorn Time" installed on their computers. "Popcorn Time" is software designed to torrent videos and play them in more-or-less real time. ...
davidgo's user avatar
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0 votes
1 answer
191 views

Signed generic NDA re purchase of business - can I start in competition

I'm interested in a general view as well, but my jurisdiction is New Zealand. I am looking for a business to purchase, and came across an advert for a business hiring out common equipment. While ...
ConfusedParent's user avatar
-1 votes
2 answers
177 views

Can airlines refuse boarding for complex itinerary involving two passports neither of which would be allowed alone?

Bob is the citizen of countries A and B. His passports are in different names. Both A and B are fine with dual citizenship but citizens of A need a visa to enter B, and vice versa. Bob books a flight ...
Greendrake's user avatar
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1 vote
1 answer
252 views

Did New Zealand just ban all semi-automatic rifles?

I'm asking this question because different sources say different things. The news media I've seen, visual, audio and text keep on running stories claiming that New Zealand has now banned semi-...
Zebrafish's user avatar
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1 vote
1 answer
145 views

Would a bitcoin "cleaning" service be legal in New Zealand?

I'd like to create a piece of software or service which takes someone's Bitcoin, goes through a process of "cleaning" it (making it untraceable) and then returning it. Provided the purpose ...
user26532's user avatar
0 votes
2 answers
122 views

What kind of documents on a civil case file can be not accessible by the plaintiff?

Say Bob filed a civil lawsuit against Rob. Normally documents that get filed on the case will be served on Bob (and all other parties involved) — submissions, affidavits, judges' minutes etc. I am ...
Greendrake's user avatar
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1 vote
1 answer
64 views

Where is the threshold line between legitimate living trusts and ones purported to defeat creditors?

Bob wants to setup a living trust where he is the settlor and the beneficiary at the same time. The trustee may or may not be him. Bob does not owe money to anyone yet, however, he would like to ...
Greendrake's user avatar
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0 votes
2 answers
51 views

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 ...
mark789's user avatar
2 votes
5 answers
206 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 ...
user avatar
1 vote
0 answers
61 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 ...
Zebrafish's user avatar
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0 votes
0 answers
81 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 ...
Greendrake's user avatar
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2 votes
1 answer
206 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 ...
Greendrake's user avatar
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1 vote
2 answers
156 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 ...
Greendrake's user avatar
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0 votes
1 answer
120 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 ...
Greendrake's user avatar
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1 vote
2 answers
137 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 ...
user23799's user avatar