Jun 30

90 Day Trial Working For Business and Employees

Categories:

Employment, Uncategorized

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New Zealand laws is pleased to present this employment law update. Minister of Labour the Hon. Kate Wilkinson has welcomed a new study which shows that the government’s 90 day trial initiative for new employees is working out positively all around. The research, which was undertaken by the department of Labour shows that businesses are being encouraged by the new law to take a chance on a new employee when they might not otherwise have done so.

New Laws Meet With Approval

New Laws Meet With Approval

The new study apparently revealed that as many as 40 percent of employers who had taken an employee on trial had indicated that they would not have taken the staff member on had the new laws not been extended to all businesses.

Other positive news from the study was that of employers canvassed 80 per cent had in fact kept the employee on at the end of the 90 day trial period.

Reporting on the press release, New Zealand laws representatives reveal that the Minister had this to say when making the announcement.  “Research by NZIER has previously told us that 90-day trials led to 13,000 new jobs in small and medium sized businesses,” Ms Wilkinson says.

“This latest research confirms trial periods allow employers to take on new staff, with the majority retaining their staff after the trial period is over. That’s great to see.

“The 90-day trials have been especially beneficial for young people and the long-term unemployed. It’s of clear benefit to both employers and employees.”

The trial period legislation was introduced in 2009 but did not apply to all businesses until 2011. The legislation has been shown to appeal to business owners and 70 percent of those polled indicated that they would continue to use the trial period.

As an employer myself I can report that the trial period legislation has been proved to work very effectively for my business. On one occasion only thus far were we able to identify that the person simply was not a fit for the job, something which they acknowledged themselves, leading to an amicable parting of the ways.

If the legislation is leading to more people in full time employment and therefore, lower unemployment then that is surely something to be celebrated.

 

 

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Jun 08

Watson Applies For Exercise Of Royal Prerogative Of Mercy

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Uncategorized

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The new legal team representing convicted murderer Scott Watson will be allowed time to comment on a report by Kristy McDonald QC on his application for the exercise of the Royal prerogative of mercy. New Zealand laws gleaned this information from a release by Justice Minister Simon Power.

Watson’s new team, headed by barrister Greg King will be invited to make submissions which in turn will be considered by Ms McDonald at the behest of the Minister. Following the consideration of those submissions Ms McDonald will file a supplementary report.

The Minister stated the obvious that in allowing Watsons legal team to view and then comment on the report, it will be ensured that Watson has every realistic opportunity to further his case before a final decision is reached.

The details of the case are well known in New Zealand. Young Marlborough pair Ben Smart and Olivia Hope went missing without trace after last being seen boarding a water taxi in Endeavour inlet in the Marlborough Sounds following New Years celebrations on December 31 1997. Their bodies were never recovered and neither were any of their belongings. Scott Watson was tried and convicted of murdering the pair in 1998.

Since then he has always denied involvement in the murder and unsuccessfully appealed the conviction in the Court of Appeal in 1999. In 2002 he was denied leave to appeal the conviction by the Privy Council.

The application for exercise of the Royal prerogative of mercy was lodged by Watson himself in late 2008 and in mid 2009, New Zealand Laws understands that the Ministry of Justice engaged the services of Ms McDonald to advise on the application. She has since filed an interim advice and her final report was delivered in March this year.

Subsequent to that report, Mr Watson has now engaged the services of counsel and requested that he be able to make submissions in relation to the report before any final decision is rendered on his application.

“Though consultation of this type is unusual, this is a case that has generated considerable public interest and it’s important that the advice I ultimately provide to the Governor-General is as comprehensive and robust as possible”, Mr Power said.

“I expect to receive a response from Mr Watson’s lawyers sometime in August”.

As a matter of course, Mr Watson’s counsel are required to undertake to keep the content of Ms McDonald’s report confidential pending a formal decision on their client’s application.

New Zealand laws aims to use this blog to bring you regular posts of interest on areas of New Zealand laws and new laws as they come into being from time to time. In the event that you have a query on a specific area of law you should contact your Christchurch Solicitor. In the area of property law you should contact the appropriate person in that area of practice.

 

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May 10

Budget To Focus On Deficit Reduction and Return To Surplus

Categories:

Budget

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New Zealand laws is pleased to bring you this post on next week’s much anticipated budget which we can expect to lay the foundations for a credible path back to a surplus according to Minister of Finance Bill English. Government books released for public consumption confirm that for the 9 months to 31 March 2011 there will be a $10.2 billion operating deficit.

The Hon. Bill English

The published deficit does not take into account the government’s bale out package for AMI and its policy holders as this was agreed to and signed after 31 March. It does however include the estimated $1.5 billion shares of costs for the Earthquake Commission in relation to the February 22 earthquake

“Compared to the December forecasts, the accounts for March were broadly in line with February’s results,” Mr English says.

“The Budget next week will confirm a very large deficit for the current year, including the immediate costs of rebuilding Christchurch.

“But it will also confirm significant improvements in the fiscal position over the next few years, before we return to surplus and start repaying debt. To achieve that, the Government has completed a careful and balanced review of its spending priorities, which we will outline in the Budget.

“It’s essential that the Government gets its own finances in order as quickly as possible, so it can join households and businesses in lifting national savings and reducing New Zealand’s vulnerability to foreign lenders.”

The deficit before gains and losses is greater than the $8.9 billion which was originally forecast in the government’s books. New Zealand Laws understands that the EQC payment mentioned above makes most of the difference.

The total operating deficit including gains and losses was $3.3 billion which was in fact better than forecast. The difference reflects gains in share investments by the New Zealand Super Fund and ACC as well as actual gains on ACC and Government Super Fund liabilities.

By comparison, the cash deficit was more or less on track with the forecast at $12.4 billion for the 9 months in question.  

New Zealand laws aims to bring you updates form time to time on areas of interest in law and government as well as posts on new laws on our sister site. If you require legal advice on a specific subject you should contact your Christchurch Lawyer.

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Apr 25

First Reading For Bill On Assaults On Police And Corrections Staff

Categories:

Corrections (Department Of), Police

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New Zealand Laws brings you this post on a Bill which once it passes into new laws will make an offence against either a Police officer or a Corrections officer an  aggravating factor when it comes to sentencing offenders. The Bill recently passed its first reading in Parliament.

At present there is no requirement that a judge take into consideration that the status of a law enforcement office be taken into account as an aggravating factor at the time of sentencing. Whether or not this is seen as a factor and taken into account is presently at the sole discretion of the judge.

The Hon. Judith Collins

“It’s appalling that officers are being viciously attacked while they are protecting the public,” Ms Collins said.

“An attack on a Police or Corrections Officer represents an attack on the community and the rule of law.

“Our Police and Corrections staff keep the community safe from our most dangerous people. This Bill sends a strong signal that the Government will do everything in its power to protect them while on the job.”

The Hon. Simon Power

The proposed amendment to New Zealand Laws is a move by the government to counter a recent spate of attacks on law enforcement personnel and to specifically target those who would attack a Police or Corrections officer in legislation. Justice Minister Simon Power had this to say.

“Though this new aggravating factor will not automatically require an increase in an offender’s sentence, it will help ensure the courts impose appropriate penalties.”

The appalling statistic is that attacks on law enforcement personnel simply doing their jobs have increased by nearly a third in the years between 2005 and 2009. Attacks on corrections officers nearly doubled in the same period.

The Ministry of Justice is also looking into the adequacy of existing laws relating specifically to assaults against law enforcement officers and is to report back to the Government by June this year with any recommendations. New Zealand laws understands that this assessment is being carried out in association with the Police and the Department of Corrections.

The Bill has been sent to the Law and Order Select Committee for public submissions.

New Zealand laws aims to keep the public abreast of law changes in New Zealand as well as new laws as they pass into law. If you have a query on a specific area of law you are recommended to contact your specialist Christchurch Lawyer or, if your query is in the area of property law, an appropriate specialist in that field.

 

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Apr 21

Juries Amendment Bill Supported

Categories:

The Courts, Uncategorized

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New Zealand laws is pleased to bring you this post which highlights that Justice Minister Simon Power has presented a Juries Amendment Bill to parliament which has received the unanimous support of all parties. The bill comes about as a result of a convicted murderer conducting his own trial defence using information he gleaned from a juror list to write to a juror.

Justice Minister - The Hon. Simon Power

The Bill is intended to address issues such as juror privacy and security will also look at the subject of who can serve on juries.

“The Government takes the safety of jurors seriously,” Justice Minister Simon Power said.

The present rules are such that a jury list must contain full details including name, occupation, date of birth and usual residential address. In rules which have applied since 2008 a defendant who is self represented has the ability to inspect a jury list under supervision but may not keep a copy or take notes.

In some circumstances where it is considered a real risk that an accused might attempt to intimidate a juror, the prosecution can apply to have a trial heard in front of a judge alone.

New Zealand Laws understands that while the 2008 changes were designed to protect juror privacy and security, the incident surrounding the convicted murderer showed a need for further steps to be taken in the interests of juror privacy.

The proposed changes are to:

  • Ensure that no address is recorded for potential jurors
  • Provide access to all address information as of right to prosecutors, defence counsel and court appointed advisors to those choosing to defend themselves.
  • Provide that under no circumstances may defence counsel or court appointed advisors show such address lists to an accused.
  • Amend section 14A(6) of the Juries Act making it an act of contempt of court to show an accused or any other person a list of juror addresses.

The new bill will also:

  • Prevent certain people from sitting on a jury. One example is a person who has been sentenced to home detention for a period of three months or more during the previous five years.
  • Provide that an offender serving a home detention sentence of less than three months is excused from jury duty or otherwise, allowed to defer duty until completion of their sentence.
  • Give the registrar the power to permanently excuse a person from jury service if there are strong grounds based on disability, age or long term chronic health problems.

The purpose of this New Zealand laws blog is to provide the public with regular updates on areas of New Zealand laws including likely new laws or changes to law. In the event that you require legal advice on a specific area of law you should contact your Christchurch Lawyer, Harmans who have a full range of specialists across a broad range of legal areas.

 

 

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Apr 20

Import Of Replica Firearms To Be Restricted

Categories:

Firearms, Police

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Minister of Police Judith Collins introduced a bill to the house this week which, if passed into New Zealand laws will restrict the importing of airguns which resemble the real thing. In particular, the import of those which look like real pistols or military style semi automatic (MSSA) firearms would be restricted under the new proposal.

Minister of Police Hon. Judith Collins

“Replica firearms, for which there are virtually no import controls, are frequently being used for criminal offending,” Ms Collins said.

“These replicas are easily mistaken for a real firearm which makes them attractive to criminals.

“Police estimates that there could be up to one incident a week where a member of the public presents an airgun that looks like a real pistol, MSSA, or restricted weapon requiring an armed Police response, sometimes involving a call-out of the Armed Offenders Squad.

“Tightening import controls would reduce the easy availability of these replica firearms. Anyone planning to import these replicas would in future require an import permit.”

New Zealand laws understands that this follows on from  issues surrounding the definition of what represents an MSSA, which is also addressed in the Bill, something which was deemed necessary after the High Court decision in Lincoln v Police created some doubt on the issue of whether semi automatic firearms came under the classification of an MSSA.

“It is intended to take the situation back to a classification regime very similar to that administered between 1992 and 2008 that was generally understood and accepted by the firearms community but with added clarity in the legislation,” Ms Collins said.

The bill is a further step in the government’s plan to improve firearm safety and follow on from a change of regulations in late 2010 which now requires owners of pre-charged pneumatic (PCP) air rifles to hold a firearms licence. PCP air rifles have been used in two fatal shootings in the recent past in New Zealand.

The aim if this New Zealand laws blog is to keep readers up to date with developments in new laws in New Zealand. For advice on any area of law you should contact your specialist Christchurch Solicitor,  Harmans.

 

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Apr 20

Family Court Review

Categories:

Family Court, The Courts

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New Zealand laws advises readers that there is to be a review of the Family Court and the terms of reference for that review were recently released by Justice Minister Simon Power. Of all the New Zealand courts, the Family Court was second busiest last year with just under 69,000 new applications.

Justice Minister - Simon Power

“The review will look at how a piecemeal approach to family law reform has impacted on the efficiency of the court, as well as ensuring it is sustainable, cost effective, and responsive to the needs to those who use it and the taxpayers who pay for it,” Mr Power said.

“I want to make it clear that where women, children, and other vulnerable people have been harmed, or are at risk of being harmed, the State will provide legal means to secure protection.

“I also want to make it clear that the review is not a criticism of the practitioners or judges who work in the Family Court. Their hard work is acknowledged and appreciated.”

In advising the review the Minister advised that since mid 2005 Family Court expenditure is up 63% to $137.1 million. The total cost includes legal aid, operational costs, professional services but not judicial resourcing.

New Zealand Laws understands that significant factors in Family Court expenditure include the cost of:

  • The provision of all family related professional services such as counselling, psychological reports and mediation.
  • Family legal aide which has doubled since the 2044/05 year.
  • Direct operating expenses which include the cost of staffing, IT, rent, consumables and travel but not the cost of judges salaries, depreciation and a pro rata share of Ministry overheads.
  • Applications which relate to the care of children.   

“These figures suggest the system is not working as well as it could and that the framework and incentives don’t necessarily match what legislation and the courts want to achieve,” Mr Power said.

“Furthermore there’s little evidence to show that the increase in spending has led to improved outcomes, particularly for children.”

The Minister advised New Zealand laws that the terms of reference are sufficiently broad to encompass a general review of the purpose, role and functions of the court, the roles of various professionals involved in family court matters as well as incentives for people to resolve relationship issues outside of the court system.

“A key feature of this review is to ensure that vulnerable parties have timely access to the Family Court’s services.”

The review goes hand in hand with the stated desire of the government to stem the growth curve of the cost of legal aid in New Zealand. In the past three years alone the cost of legal aid has increased by some 55%.

Where the Family Court is concerned the legal aid proposals extend to a proposed tightening up of the merits and special circumstances tests, re-introducing a user charge for some cases, extending the quality assurance framework to professionals working in the Family Court, and changes to Lawyer for the Child.

It is intended that a public consultation paper will be released prior to the election which would then provide ample opportunity for the public have its say in the review.

New Zealand laws aims to bring you posts of interest on issues of New Zealand law as well as new laws from time to time. If you have a specific query in the area of family law you are recommended to contact your Christchurch Solicitor and their specialist family law team.

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Apr 07

Temporary High Court Judge Appointment Made

Categories:

Judicial Appointments

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New Zealand laws brings you notice of the temporary appointment of Associate Judge John Faire as a Judge of the High Court of New Zealand. The appointment took effect from the 28th of February 2011.





The Hon, Christopher Finlayson

In making the announcement, Attorney-General Christopher Finlayson said that the appointment would go through until 3 June 2011


Associate Judge has been appointed a temporary Judge of the High Court commencing on 28 February 2011 until 3 June 2011, Attorney-General announced today. 


Judge Faire was first appointed as a Master of the High Court (as they were then known) in 1996. He will sit on the High Court at Auckland.


New Zealand Laws aims to bring you updates of relevance on areas of law from time to time as they come to hand. In the event that you have a query on a specific area of law you are recommended to contact your Christchurch Lawyer for advice.

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Apr 02

Net Wages Rising Faster Than Prices Says Government

Categories:

Economy

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New Zealand laws is pleased to bring readers a recent statement from Minister of finance Bill English, who claimed in early February that New Zealanders’ after tax wages are still rising at a rate which is faster than prices are increasing. English claims that this reflects the value of the tax cuts announced in last year’s budget.

The Hon. Bill English

“We do understand that times still remain challenging for many New Zealanders. What really matters for them is whether their wages are rising faster than the cost of living,” Finance Minister Bill English says.

“While we don’t know everyone’s individual circumstances, average after-tax wages have increased 16 per cent and consumer prices have gone up 6 per cent since September 2008.

“That means even after taking account of the one-off rise in GST on 1 October and other consumer price rises, real after-tax earnings have now grown 10 per cent in that time.

“That’s a big improvement on the meagre 4 per cent total growth over the previous nine years,” Mr English says.

The formula used to calculate this is not uncomplicated in the opinion of the authors of New Zealand laws. Figures are taken from Statistics New Zealand records for on average weekly ordinary time earnings (per full-time employee) before incorporating the effects of inflation coupled with prevailing income tax rates. No doubt opposition spokesmen will find a way of claiming that it is all a trick with smoke and mirrors and that we are all actually worse off!

“They give a true picture of changes in New Zealanders’ spending power,” Mr English says. “The latest results completely refute Phil Goff’s claim that workers are going backwards. In fact, after taking account of inflation and tax, average workers are doing considerably better than they did under Labour.

“It was quite staggering that during a time of economic prosperity around the world between 1999 and 2008, New Zealanders’ real after-tax earnings improved by just 4 per cent over that entire period.

“Growth came from all the wrong places – such as government spending, excessive debt and ballooning house prices – and hard-working Kiwi families paid the price through meagre take-home pay increases.”

New Zealand Laws aims to bring you updates on items of interest out of Parliament including new laws as they pass into law. For advice on any area of law you are recommended to contact your Christchurch Lawyer.

 

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Mar 04

Budget To Have Savings And Investment Focus

Categories:

Budget, Economy

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New Zealand Laws brings you this post about the delivery of the budget, which Minister of Finance, The Hon. Bill English announced recently would be scheduled for May 19th.  Consistent with this government’s focus on saving and debt the budget will be looking to reduce our vulnerability to foreign debt and place increased emphasis on national savings.

Minister of Finance | Bill English

“In our first Budget, the National-led Government steered the economy out of recession and the global financial crisis, and mapped a credible path back to budget surplus,” Mr English says.

“In our second Budget last year, we made good progress in our six-point plan for faster economic growth – including the biggest tax reforms in 25 years.

“The theme of Budget 2011 will be about building savings and investment, because as a country we need to save more, spend a bit less and reduce our heavy reliance on foreign debt.

New Zealand Laws wonders what effect the significant government outlay in the wake of the devastation caused by the Christchurch earthquake will have on plans for this year’s budget announcement. The minister went on to say;

“The Government has already indicated that it intends to borrow less in future than is currently forecast and get back to budget surplus sooner.

“Therefore, the Budget this year will reduce new operating spending to around $800 million to $900 million a year, from the current allowance of $1.1 billion. We will prioritise new spending on health and education and set a path to meaningful surplus in 2014/15 – a year earlier than forecast.

“We’re also looking at options to better manage Government assets on behalf of taxpayers, so we can free up capital for substantial extra investment in assets like schools, faster broadband and better transport infrastructure – without having to borrow so heavily.

“Those options include the possibility of introducing the mixed-ownership model for four energy SOEs, where the Government retains a majority shareholding on behalf of taxpayers and offers a minority stake to Kiwi investors.

“We are seeking Treasury advice on this and will make our position clear to New Zealanders well before the election in November.”

New Zealand laws aims to bring you posts on topical matters arising in Parliament from time to time as well as commentary on new laws as they arise. In the event that you have a query of a legal nature however, our best advice is to contact your specialist Christchurch Solicitor.

If business is your focus then in such times you should look to an expert in marketing strategies to gather new and innovative business marketing ideas. At a time when hundreds if not thousands of businesses will be closing their doors in Christchurch, possibly for good, effective strategies for business to business marketing will be an essential cornerstone of your marketing endeavours and you should contact an expert in guerrilla marketing to assist you with this.

 

 

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