Questions tagged [new-zealand]

The sovereign nation east of Australia.

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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 ...
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-2 votes
2 answers
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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8 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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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2 answers
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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 ...
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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 ...
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2 votes
1 answer
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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 ...
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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 ...
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9 votes
4 answers
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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 ...
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1 vote
1 answer
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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 ...
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1 answer
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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 ...
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20 votes
1 answer
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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 ...
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3 votes
1 answer
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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 ...
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2 answers
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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 ...
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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 ...
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1 vote
0 answers
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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 ...
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11 votes
2 answers
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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 ...
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2 votes
1 answer
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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. ...
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0 votes
1 answer
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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 ...
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-1 votes
2 answers
159 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 ...
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1 vote
1 answer
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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-...
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1 answer
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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 ...
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2 answers
91 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 ...
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1 vote
1 answer
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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 ...
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0 votes
2 answers
48 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 ...
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2 votes
5 answers
186 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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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 ...
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0 answers
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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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2 votes
1 answer
175 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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1 vote
2 answers
113 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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0 votes
1 answer
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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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1 vote
2 answers
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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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1 vote
2 answers
220 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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1 vote
2 answers
204 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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1 vote
2 answers
308 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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1 vote
3 answers
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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 a ...
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5 votes
2 answers
1k 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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2 votes
1 answer
150 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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3 votes
3 answers
273 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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1 vote
2 answers
204 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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1 vote
1 answer
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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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