Questions tagged [new-zealand]
The sovereign nation east of Australia.
83
questions
19
votes
1
answer
6k
views
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 ...
- 3,476
11
votes
2
answers
2k
views
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 ...
- 3,476
9
votes
4
answers
1k
views
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 ...
- 27.8k
7
votes
1
answer
1k
views
"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 ...
- 27.8k
7
votes
2
answers
2k
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 ...
- 27.8k
6
votes
2
answers
1k
views
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 ...
- 468
6
votes
2
answers
255
views
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 ...
- 163
5
votes
1
answer
326
views
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 ...
- 27.8k
5
votes
2
answers
936
views
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 ...
- 153
4
votes
1
answer
514
views
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 ...
- 27.8k
4
votes
1
answer
148
views
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 ...
- 27.8k
4
votes
2
answers
457
views
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 ...
- 27.8k
3
votes
3
answers
293
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,...
- 300
3
votes
1
answer
314
views
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 ...
- 131
3
votes
1
answer
247
views
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 ...
- 27.8k