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 ...
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  • 19.8k
15 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 ...
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  • 129k
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 ...
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  • 19.8k
12 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 ...
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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 ...
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  • 43.3k
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 ...
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  • 24.4k
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). ...
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  • 129k
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.
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  • 147k
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 "...
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  • 89.1k
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 ...
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  • 156k
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 ...
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  • 298
4 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 ...
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  • 147k
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 ...
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  • 89.1k
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 ...
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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: ...
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  • 19.8k
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, ...
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  • 147k
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. ...
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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 ...
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  • 17.5k
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 ...
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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 ...
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  • 3,328
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 ...
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  • 31
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 ...
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  • 2,702
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....
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  • 147k
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 ...
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  • 129k
3 votes
Accepted

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

To what standard does the evidence need to be convincing so that the judge is satisfied that a jury could “reasonably convict” the defendant? The High Court expanded on the answer to this question in ...
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  • 3,396
3 votes

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

Greendrake's answer says that a country can declare any jurisdiction it likes. This is true, but in practice it is the convention that a country should claim jurisdiction only over its territory and ...
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3 votes

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

Barring any specific statute the relevant law is the tort of negligence. To succeed Alice must prove Bob: had a duty to Alice, breached that duty by failing to conform to the required standard of ...
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  • 147k
3 votes

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

This is not as uncommon as you might think, but will probably depend highly on the locality. Neighboring countries may have different standards or weapons laws. On the German / Polish border, certain ...
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  • 3,188
3 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 ...
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  • 7,967

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