32
votes
Accepted
Are lawyers permitted to advise what the best decision is likely to be?
There is a firm difference between giving advice on "what the best decision is likely to be" and "what decision to make".
The former is what lawyers must do, which comes from:
Conduct and Client ...
- 24.4k
14
votes
Accepted
Summary Proceeding in New Zealand - Denying liability but not requesting a hearing
If I unambiguously deny liability but do not ask for a hearing can the informant refer the mater to the district court for unpaid fines without a hearing having taken place?
Yes, but not before they ...
- 24.4k
14
votes
Accepted
"Does not put forward a case inconsistent with the confession" of guilt
A not guilty plea is not part of the case of a defendant or a defense attorney. A "case" refers to evidence and argument made at trial (or conceivably in a pre-trial hearing). The rule in ...
- 186k
11
votes
Accepted
How common are import bans of what is freely traded on national markets?
The import of slaves into the United States was banned in 1808, although slavery itself and the buying and selling of slaves remained legal on a Federal level until 1865.
There were, of course, many ...
- 3,387
8
votes
Accepted
Are lawyers generally discouraged to give high level/strategic legal advice?
Dale M is correct. Lawyers get calls all day long from people who want free advice and have no intention of entering into a paid representation. That is what your letter sounds like.
I write ...
- 55.8k
8
votes
Accepted
Which law spells out judicial immunity?
new-zealand
The New Zealand Supreme Court describes judicial immunity as "common law doctrine":
Judicial immunity is common law doctrine [citing to the English line of case law, including ...
- 36.3k
6
votes
Is this considered a tax scam in New Zealand?
We don't know the circumstances. It could be that his business didn't owe any taxes, or that he did clever things to avoid having to pay taxes (legal tax avoidance), or that he did illegal things to ...
- 31.9k
6
votes
Accepted
Will I have to appear in court or another proceeding about a suicide I discovered?
It is possible that you could be required to testify in a coroner's inquest, or in a criminal trial (if it were later determined that a crime was committed despite first impressions to the contrary). ...
- 186k
6
votes
Accepted
Do judges get penalised when their decisions are quashed by a higher court?
Yes it affects them.
Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your ...
- 192k
6
votes
Are lawyers generally discouraged to give high level/strategic legal advice?
Lawyers run businesses. Like most businesspeople they prioritise their clients on their profitability. On the face of it, your letter probably has you classified as a tire kicker.
- 192k
6
votes
Accepted
Am I person under New Zealand law?
You will note that the quoted definition says that
person includes a corporation sole, a body corporate, and an unincorporated body
What it doesn't say, but almost certainty intends, is that "...
- 112k
5
votes
Accepted
Is criminal prosecution up to the police/state or can an individual push it?
Private prosecution is allowed in New Zealand, so one possibility would be to conduct the prosecution yourself. You could either do that as a case of destruction of property, or under the Animal ...
- 206k
5
votes
Will I have to appear in court or another proceeding about a suicide I discovered?
I've been called back to the police station a week after the event, to make a statement. Constable said (paraphrasing)
the circumstances seem pretty cut and dried at this point so the coroner is ...
- 298
4
votes
Accepted
Meaning of "apart from this section"
I take that to mean that section 14 alone should not be construed to give a department the power to sue under sub section (1), nor the ability to be sued under sub section (2). Rather, if some other ...
- 112k
4
votes
Would a bitcoin "cleaning" service be legal in New Zealand?
The applicable law is the New Zealand Anti-Money Laundering law. The regulations describing exactly what is covered don't mention Bitcoin cleaning, but the "wire transfer" and "currency exchange" bits ...
- 12.9k
4
votes
Coronavirus Lockdown Laws - New Zealand
S88 Closing roads and public places:
...totally or partially prohibit or restrict public access, with or
without vehicles, to any road or public place...
S91(1)(a) Power to give directions:
...
- 24.4k
4
votes
Accepted
Who is responsible for the bull's damage?
Rob is responsible. No Bull!
Around the world, the law of wandering cattle depends on the details. New Zealand is no different.
This case is covered by s 26 of the Impounding Act of 1955, Damages for ...
- 8,368
4
votes
Liability for pushing trespassing stock out on the street?
It depends on whether "person" means "owner"
If Bob is liable, it's not under the Impounding Act of 1955. In that Act, the occupier of land is allowed, but not required to impound ...
- 8,368
4
votes
Can owner of stolen goods found for sale subpoena seller to disclose the source?
Civil claims have statutes of limitations too
Usually shorter than 10 years. Therefore, Bob cannot sue anyone for recovery and therefore does not practically own the bike. In some jurisdictions, ...
- 192k
4
votes
Accepted
Permissibility of ex-parte communication for judges in the US
Was/is it permissible for judges in the US to talk ex-parte like that?
No. Ex parte interactions of that sort are not allowed. See, for instance, Disciplinary Counsel v. Bachman, 2020-Ohio-732 (Dec. ...
- 45k
4
votes
Someone has recreated (part) of my blog years after it closed. Same domain. Do I have any recourse?
The only real recourse you have is to contact the webhost and try to convince them your content is really yours and file a DMCA Takedown request. How you convince them might be an issue; do you have ...
- 18.7k
4
votes
Accepted
Sham gift scheme to evade foreign buyer tax
The tax you have described has not been implemented, so we can't look to the law imposing it for specific anti-avoidance provisions. However, since gifts are not taxable as income, sham gifts are an ...
- 8,159
3
votes
Is this considered a tax scam in New Zealand?
Somewhat late response - I found this while asking a question of my own - and surprisingly I think I have the knowledge to answer in the context of New Zealand.
I can make some observations which may ...
- 3,460
3
votes
Difference between employer vicarious liability and personal liability
According to Wikipedia Vicarious Liability is a type of liability under the doctrine of "Respondeat Superior" (an employer is responsible for the actions of employees performed within the course of ...
- 31
3
votes
Can one claim unclaimed poultry living on their property?
From the picture, I believe those to be domestic geese rather than ducks. This is not needless pedantry; it is necessary pedantry because the Wildlife Act 1953 classifies geese as "Wildlife not ...
- 4,580
3
votes
Accepted
Can the Whanganui river be prosecuted for corporate manslaughter?
In context, the answer is clearly not. The precise reason that this is the case, requires a somewhat more sophisticated theory of what is going on than the Economist article cited seems to provide.
...
- 186k
3
votes
Accepted
Without Prejudice section of a letter
You believe wrong - that is not what without prejudice means and it won't do what you want.
Without prejudice only has meaning within the context of an effort to negotiate the resolution of a dispute....
- 192k
3
votes
Accepted
Can I claim asylum after I land in New Zealand with visit visa?
New Zealand has ratified the Convention Relating to the Status of Refugees, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment and the International Covenant ...
- 2,790
3
votes
Do judges get penalised when their decisions are quashed by a higher court?
In the U.S., the answer to this question would be no, it doesn't affect the judge at all, other than as a matter of personal pride. Judges cannot be removed from office or penalized in any way ...
- 186k
Only top scored, non community-wiki answers of a minimum length are eligible