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Questions tagged [new-zealand]

The sovereign nation east of Australia.

New Zealand is a sovereign nation in the South-West Pacific Ocean, approximately 268,000 sq.km and is about 1700 km east of the Australian continent. A member of the British Commonwealth, the country's legal system is similar to English law, and the New Zealand Parliament holds legislative power and consists of the Queen and the House of Representatives.

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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 from my lawyers has been inconsistent due, I…
davidgo
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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 denied it more then one time, and in unambiguous…
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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 national market. The effect is that the goods are…
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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 exactly does that involve when the previously given not guilty…
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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 this and that, and produce a significantly…
Greendrake
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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 been receiving the service, but he did not pay…
Andrew Savinykh
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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 found personally liable for an employee's action,…
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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 neighbours. Almost a year ago a couple of white domestic…
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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 all I worked for now belongs to the U.S. Now I came across a news…
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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 District Court Act 2016 simply equates DC judges…
Greendrake
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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 Alice to contribute). There is Rob who owns some…
Greendrake
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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 animal. If I then attempted to claim damages,…
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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 court what he saw. Bob takes Rob to the…
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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 infringed if the owner, for the time being, does…
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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-copyright notices" but that feels far too modern (and the…
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