The Parliamentary Counsel Office (PCO) says that assuming the Legislation Bill currently before Parliament is passed, it intends to improve access to "old, archaically expressed, and much-amended laws" through the establishment of a three-yearly programme of statute revision.

In its Statement of Intent for the period 1 July 2012 to 30 June 2017, the PCO says the last comprehensive revision of the New Zealand statute book took place in 1908.

"We will propose the first three-yearly programme of statute law revision to the Attorney-General and relevant government agencies once the Legislation Bill has been passed," it says.

"The draft revision programme will set out the proposed revision projects and those Bills expected to be enacted during that three-year period."

The amount of revision undertaken will depend on the availability of funding to the PCO and administering departments. Once the first programme is operating, specific performance measures will be examined.

Elsewhere in the statement, the PCO says officialisation of New Zealand legislation is expected to be completed in the 2012/13 financial year.

Officialisation involves comparing the collection of principal legislation (in force in New Zealand as at 3 September 2007) with amendments incorporated against the original printed version of each Act and set of regulations and every amendment made to them.

"Upon completion, and following consultation with the judiciary, legal profession, and others, we will seek to make the New Zealand Legislation website an official source of legislation (again, assuming enactment of the Legislation Bill). There will be pontential for the Crown to make further savings at that time by reducing or removing the current subsidy for printed legislation. We currently assume that there will continue to be a demand for printed legislation, but we intend to move to a print on demand at full cost model for printed legislation."

LAWASIA has expressed its grave concern for the rule of law in Papua New Guinea following the arrest of the Chief Justice, Sir Alamo Inja, on charges of sedition.

In a statement, LAWASIA says it is concerned not only for the manner in which a senior judicial officer was arrested, but also for the nature of the charge against him, which, it says, would seem to indicate a lack of understanding of the role of the courts and the separation of powers on the part of the executive.

"LAWASIA unequivocally emphasises the fundamental importance of the independence of the judiciary as a hallmark of rule of law in any democracy and urges the political actors in Papua New Guinea to be mindful of the universality of this tenet," it says.

"The arrest and treatment of the Chief Justice constitutes a disturbing threat to judicial independence in the country and violates obligations that have been assumed to Papua New Guinea. LAWASIA strongly urges the caretaker government of Papua New Guinea to exercise restraint and to adhere to constitutionally mandated procedures should it seek to discipline judicial officers for alleged violation of their oaths."

The New Zealand Law Society is a member of LAWASIA.

The following regulations were notified in the New Zealand Gazette published on 24 May 2012:

Legal Services Amendment Regulations 2012 (SR 2012/95): Made pursuant to section 114 of the Legal Services Act 2011. In force 2 July 2012. Amend the Legal Services Regulations 2011, by amending regulation 4, which provides that the regulations apply to applications for legal aid made on or after 1 July 2011, to clarify that that provision does not limit or affect the application of section 132 of the Legal Services Act 2011. That section is a transitional provision that requires legal aid granted under the Legal Services Act 2000, and applications properly made under the 2000 Act, to be dealt with as if the grant or application had been made under the Legal Services Act 2011 (which mostly came into force on 1 July 2011). Also removes the requirement that claims for payment for legal aid services must be made within 3 months after the day that the services are provided, and substituting a requirement that claims must be made within 6 months unless the Secretary for Justice requires in writing that a claim be made. If the Secretary does require a claim to be made, that claim must be made within 90 days of the date of that requirement.

Legal Services (Quality Assurance) Amendment Regulations 2012 (SR 2012/96): Made pursuant to section 114 of the Legal Services Act 2011. In force 2 July 2012. Amend the Legal Services (Quality Assurance) Regulations 2011. Regulation 6 is amended to permit the Secretary for Justice to approve applications from persons who do not meet the requirement in the Schedule that they have recent experience (being experience within the last 5 years), but who otherwise meet all the relevant experience and competence requirements. Regulations 6(4), 6(5), and 8, which currently require applicants to provide references and work samples, are revoked. Similar requirements are relocated as new regulations 9A and 9B beneath a new cross-heading, Work samples and references. The requirements to provide work samples and references are relocated in order to indicate that they do not form part of the criteria that must be met by the applicant, but are instead the means by which an applicant may establish that he or she meets the relevant criteria. In each case the existing requirement to provide references and work samples is retained, but the Secretary may give notice that a particular applicant does not have to do so. If the Secretary does give notice that an applicant is not required to provide references or work samples, he or she must specify reasons for that determination, and may require other proof of the applicant's competence and experience. Technical amendments are made to clause 12 of the Schedule to align with changes implemented by the Immigration Act 2009, and to clarify that immigration proceedings fall within civil matters. Clause 13 of the Schedule, which sets out the experience required by applicants who intend to provide services in relation to proceedings before the Court of Appeal or the Supreme Court, is amended to provide that an applicant's past appellate experience must have been gained in the High Court or a higher court.

Education (2013 School Staffing) Order 2012 (SR 2012/97): Made pursuant to section 91H of the Education Act 1989. In force 2 July 2012. Sets limits on the numbers of teachers who may be employed at payrolled schools during the 2013 school year.

Local Government (Auckland Transitional Provisions) Rating Regulations 2012 (SR 2012/98): Made pursuant to section 5(1) of the Local Government (Auckland Transitional Provisions) Act 2010. In force 21 June 2012. Modify the mechanism in sections 39 to 43 of the Local Government (Auckland Transitional Provisions) Act 2010 that provides the Auckland Council with a means to manage significant changes in rating liability resulting from the reorganisation of local government in Auckland and the creation of a single rating system.

Deposit Takers (Orange Finance Limited) Exemption Notice 2012 (SR 2012/99): Made pursuant to section 157G of the Reserve Bank of New Zealand Act 1989. In force  25 May 2012 and expires at close of 31 July 2012. Exempts Orange Finance Limited from certain prudential requirements of the Reserve Bank of New Zealand Act 1989.

A new cross-agency funding pool, the Justice Sector Fund, has been announced in the 2012 Budget.

It will enable Police, Corrections and other justice sector agencies to pool their budgets and share any savings across agencies. 

“This is the first time a funding pool of this kind has been used in the public sector,” Justice Minister Judith Collins says. “It recognises the critical relationships across the criminal justice ‘pipeline’ – from arrest, through the court process, to sentencing and rehabilitation.

“The Justice Sector Fund means justice sector chief executives have an incentive and mechanism to prioritise resources. If they can save money in low-priority areas, or by working more effectively, it can be reinvested where it helps meet sector targets and improve results for New Zealanders."

The total annual operating budget for the sector (including the Attorney General, Corrections, Courts, Justice, Police and Serious Fraud Office) is $3.8 billion. The justice sector agencies have received no new money in Budget 2012. 

As well as allowing savings to be transferred between agencies, the fund means savings can be moved across years.

“Delivering results means deciding what works and what doesn’t, and shifting resources to frontline services,” Ms Collins says. “Everything we do needs to be geared toward keeping crime falling and ensuring those who need justice get access to it,” says Ms Collins.

Budget 2012 confirms another of the measurable targets within the 10 Better Public Service results areas announced by the Prime Minister earlier this year: reducing prisoner reoffending by 25 per cent by 2017.

Reaching this target would mean 18,500 fewer victims of crime every year.

The New Zealand Council of Legal Education has reported that student enrolments for courses run by the Institute of Professional Legal Studies (IPLS) in 2011 were up 9.5% on 2010.

The information is revealed in the Council's annual report for the year to 31 December 2011. This has been tabled in Parliament.

The IPLS offers the Professional Legal Studies Course in Auckland, Christchurch, Dunedin, Hamilton and Wellington. The course is taken after completion of the LLB degree and is a prerequisite for admission to practise as a barrister and solicitor.

Since 2004 the course has been offered in two versions. A 13-week course has 6 weeks onsite and 7 weeks online, while a 19-week course has 4 weeks onsite and 15 weeks online.

The annual report says student enrolments for 2011 were up in all centres except Christchurch, where numbers were obviously impacted by the February earthquake.

Student Enrolments in IPLS courses

Gender and ethnicity

Parliament sat this week from 22 to 24 May. The House continued sitting on 25 May for budget measures.

The Mount Maunganui Borough Reclamation and Empowering Act Repeal Bill was introduced on 22 May.

The Arts Council of New Zealand Toi Aotearoa Bill was read a second time on 22 May.

The Crown Entities Reform Bill was read a second time on 22 May. The committee stage debate was interrupted on 23 May.

The Reserve Bank of New Zealand (Covered Bonds) Amendment Bill was read a first time on 22 May and referred to the Finance and Expenditure Committee.

The Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill was read a second time on 22 May.

The Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Bill was read a second time on 22 May.

The Appropriation (2011/12 Supplementary Estimates) Bill was introduced on 24 May.

The Appropriation (2012/13 Estimates Bill) was introduced on 24 May and read a first time. The debate on the second reading (the Budget debate) was adjourned on 24 May with 12 hours 2 minutes remaining.

The Taxation (Budget Measures) Bill was introduced on 24 May and read a first and second time, with the House moving into the committee stages.

The Social Security (Long-term Residential Care -  Budget Measures) Amendment Bill was introduced on 24 May.

The Customs and Excise (Tobacco Products - Budget Measures) Amendment Bill was introduced on 24 May.

The Government has announced that it will require reflagging of foreign-owned fishing vessels operating in New Zealand waters to address labour, safety and fisheries practice concerns.

Environment Minister Amy Adams has released a discussion document on proposed regulations for the Exclusive Economic Zone and Continental Shelf bill.

The discussion document, Managing our Oceans, is available here. Submissions close on 20 June 2012.

The document seeks feedback on proposed regulations that describe what can and cannot be done in the EEZ without a marine consent, and under what conditions. It proposes that the following activities be permitted if they comply with a number of specific conditions for each activity:

• Seismic surveying;

• Submarine cabling;

• Marine scientific research;

• Prospecting for oil and gas and seabed minerals.

All exploration, production and decommissioning for oil and gas and seabed minerals would require a marine consent from the Environmental Protection Authority.

The Government has announced that it is to streamline the application process for legal aid lawyers and extend the length of time they have to claim payments for work done.

From 2 July 2012, legal aid lawyers will have six months rather than the current three months to invoice the Ministry of Justice for work that has been undertaken.

Justice Minister Judith Collins says an extra three months eases the administrative burden on legal aid lawyers and still gives the Ministry of Justice certainty so it can manage the legal aid budget effectively.

“We are also making changes to the approval process for lawyers wanting to work as legal aid providers to give the Ministry of Justice more flexibility. Currently, applicants can only be approved where they meet strict criteria – for instance by demonstrating they have undertaken a certain number of cases over the past five years in the area of law they apply for," she says.

“This makes it very difficult for lawyers who have taken time out of practice, for example, women returning to legal aid work after having children."

Ms Collins says that from 2 July, the ministry will have the discretion to approve applicants where they do not meet some of the prescribed requirements but where they can demonstrate they meet the test in other ways.

The Government has announced details of reprioritised funding for corrections in the 2012 Budget. The reprioritised funding of $65 million in operating expenditure over the next four years is aimed at contributing to a reduction in reoffending.

A statement released by Corrections Minister Anne Tolley and Associate Corrections Minister Pita says the funding will contribute to a 25% reduction in reoffending by 2017, and 18,500 fewer victims of crime every year from 2017.

The reprioritisation will contribute to the following:

• 33,100 additional offenders receiving new and expanded drug and alcohol treatment in prisons and in the community.

• 7,855 additional prisoners and community offenders receiving new and expanded rehabilitation services.

• 2,950 additional prisoners in education and employment training.

• 7,500 prisoners and community offenders to be supported to find real jobs, in new partnerships with employers and industry.

• 41,100 community offenders receiving new rehabilitation support provided directly by probation officers

• 4,120 prisoners and community offenders in new rehabilitation services delivered in partnership with iwi and community groups.

• 6,000 prisoners and community based offenders accessing new reintegration support programmes from iwi and community groups.

Dr Sharples says the funding represents a significant shift towards rehabilitation and restoration of prisoners to their whanau and communities.

After a meeting between industry operators, Consumer Affairs Minister Simon Bridges says good progress is being made towards a wheel clamping code of conduct.

The major operators in the New Zealand parking enforcement industry are being assisted by the Ministry of Consumer Affairs and will continue working through the detail.

Mr Bridges says he is pleased that the industry is taking proactive steps to address an issue that has been of growing concern.

"There is still some tidying up to be done, but it is great to see that real progress is being made."

The operators have agreed on a draft set of minimum standards and best practices. Key provisions include:

• Clear, visible signs about parking rules and possible wheel clamping;

• Situations where clamping will/won't occur;

• What provisions must be met if clamping occurs, including reasons why the vehicle was clamped and supporting photographic evidence;

• Ensuring that fees displayed are accurate, GST inclusive and include all charges;

• Ensuring fees are fair and reasonable and capped at a maximum of $200;

• Ensuring complaints are resolved in a fair and reasonable manner;

• Clear expectations for industry employees, including that they are lawful, professional and courteous in their work;

• Ensuring all signatories to the industry and their employees hold a certificate of approval by the Ministry of Justice;

• Ensuring, where signatories breach the code, that all money paid will be refunded.

The following regulations were notified in the New Zealand Gazette published on 17 May 2012:

Community Magistrates (Remuneration and Allowances) Amendment Order 2012 (SR 2012/83): Made pursuant to section 11G of the District Courts Act 1947. Clause 4 (providing for the increase in fees) deemed to have come into force on 10 October 2011, remainder in force on 18 May 2012. Increases the fees payable to Community Magistrates other than the Chief Community Magistrate. At present Community Magistrates are paid $12.50 for each quarter hour or part of a quarter hour attending court, but no more than $400 per day. The new remuneration rate for Community Magistrates is $13.60 for each quarter hour or part of a quarter hour attending court, but no more than $435 per day.

District Courts Fees Amendment Regulations 2012 (SR 2012/84): Made pursuant to section 123 of the District Courts Act 1947. In force 14 June 2012. The amendments are required to align the fees regulations with amendments being made to the District Courts Rules 2009. The first amendment introduces a fee for filing an amended notice of claim (being the same amount as the fee that applies when filing an amended statement of claim). The second amendment prescribes the hearing fee for each half-day of a trial. In the case of a trial that is set down on dismissal of a summary judgment application, the fee applies to each half-day, including the first half-day. In every other case, the fee is for each half-day after the first half-day, because the fee for the first half-day is covered by item 6 (which does not apply in cases where the trial is allocated on dismissal of a summary judgment application). The result is that the same hearing fee is payable regardless of the process for allocating the trial.  

District Courts (General) Amendment Rules 2012 (SR 2012/85): Made pursuant to section 122 of the District Courts Act 1947. In force 14 June 2012. Make major amendments to the District Courts Rules.    

Electoral (Expenditure Limit) Order 2012 (SR 2012/86): Made pursuant to section 266A of the Electoral Act 1993. In force 1 July 2012. Adjusts the expenditure limits in the Electoral Act in line with the movement in the CPI for the quarter ending 31 March 2012.    

Search and Surveillance (Transitional Provision) Regulations 2012 (SR 2012/87): Made pursuant to section 356(1)(a) of the Search and Surveillance Act 2012. In force 18 May 2012. Provide for a transitional matter in relation to the requirements for surveillance device warrants, which are set out in the Act. The provisions of the Act that set out the requirements for those warrants came into force on 18 April 2012. Most of the other provisions of the Act, including provisions that will replace the current search warrant regime under the Summary Proceedings Act 1957, are not yet in force. Under the Act, a surveillance device warrant can be issued only if there are reasonable grounds to suspect that an offence has been committed in respect of which the Act or any enactment specified in the Schedule of the Act authorises an enforcement officer to apply for a warrant to enter premises. Doubts have been raised whether section 6 of the Act (which provides for the issue of search warrants to constables) can currently be relied on for that purpose as that section is not yet in force. Currently, the corresponding provision in the Summary Proceedings Act 1957 (section 198) is still in force and continues to be the provision under which search warrants are issued to constables. Section 356 of the Act provides a power to make regulations for transitional purposes. This was inserted into the Act because it was realised that with such a complex piece of legislation, and the need for some parts to come into force ahead of other parts, there was a risk that an unforeseen problem might arise. These regulations deem section 198 of the Summary Proceedings Act 1957 to be an enactment specified in the Schedule of the Act for the purposes of section 51(a)(i) of the Act. The regulations will be in effect during the period in which section 198 of the Summary Proceedings Act 1957 continues to be in force and until it is replaced by section 6 of the Act. During the transitional period in which the regulations are in force, section 198 of the Summary Proceedings Act 1957 will therefore be the authorising provision that fulfils the precondition for the issue of surveillance device warrants.        

Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2012 (SR 2012/88): Made pursuant to section 155 of the Social Security Act 1964. In force 1 July 2012. Amends the definition of income-from-assets exemption in clause 5 of Schedule 27 of the Social Security Act 1964. In accordance with Part 3 of Schedule 27, a certain amount of a person's annual income that is derived from assets (the income-from-assets exemption) is not included in the calculation of the person's overall annual income for the purposes of the means assessment relating to income. The amount of the income-from-assets exemption is increased in line with CPI movements.

Commodity Levies (Nashi Pears) Order 2012 (SR 2012/89): Made pursuant to section 4 of the Commodity Levies Act 1990. In force 14 June 2012. Replaces the Commodity Levies (Nashi Asian Pears) Order 2006 which expired on 27 February 2012. This order imposes a levy on leviable nashi pears, being nashi pears grown in New Zealand and exported or sold fresh in New Zealand (otherwise than for processing) for human consumption. The levy is payable to Nashi New Zealand Incorporated by growers, being persons whose business is or includes growing nashi pears. Unless earlier revoked, this order expires 6 years after it is made by virtue of section 13 of the Commodity Levies Act 1990.

Ombudsmen Act (Schedule 1—Ministry of Business, Innovation, and Employment) Order 2012 (SR 2012/90): Made pursuant to section 32 of the Ombudsmen Act 1975. In force 1 July 2012.  Removes the names of the following departments and ministries from Part 1 of Schedule 1 of the Ombudsmen Act 1975: the Department of Building and Housing: the Department of Labour; the Ministry of Economic Development; the Ministry of Science and Innovation; and inserts the name of the Ministry of Business, Innovation, and Employment into Part 1 of that schedule. These amendments reflect the abolition of the departments and ministries named and the transfer of their functions to the new Ministry of Business, Innovation, and Employment. The effect of the order is that, on and after 1 July 2012, both the Ombudsmen Act 1975 and the Official Information Act 1982 will apply to the Ministry of Business, Innovation, and Employment.

State Sector (Ministry of Business, Innovation, and Employment) Order 2012 (SR 2012/91): Made pursuant to sections 30A, 30C, and 30K of the State Sector Act 1988. Clauses 3 and 7 in force on 24 May 2012, the remainder in force on 1 July 2012. Removes the Department of Building and Housing, the Department of Labour, the Ministry of Economic Development, and the Ministry of Science and Innovation (the former departments and ministries) from the list of departments of the Public Service in Schedule 1 of the State Sector Act 1988 (the Act), because the former departments and ministries are being abolished and their functions are being transferred to the new Ministry of Business, Innovation, and Employment (MBIE) by exercise of the Crown's prerogative on 1 July 2012. The Ministry of Business, Innovation, and Employment is inserted into the list of departments of the Public Service in that schedule. Applies some of the employee provisions of the Act to employees of the former departments and ministries affected by the transfer of functions to MBIE. Applies sections 30H and 30I of the Act (which concern consequential changes to references to departments and chief executives in enactments and other things in force at the time of reorganisations) to things coming into force, entered into, or created during a 24-month transitional period after the transfer of the functions of the former departments and ministries to MBIE. The period begins on 1 July 2012 and ends on 30 June 2014. Clarifies the position in respect of certain Budget documentation. Provides that during a transitional period ending on 30 June 2014, certain statutory references to the Ministry of Consumer Affairs, which was part of the Ministry of Economic Development, or to the head of the Ministry of Consumer Affairs, must be read as if they were references to MBIE or to the chief executive of MBIE.

Corporations (Investigation and Management) Order 2012 (SR 2012/92): Made pursuant to section 62 of the Corporations (Investigation and Management) Act 1989. In force  at 8:00am on 14 June 2012. Removes two companies from statutory management under the Act. The companies were made subject to statutory management at 8am on 5 October 2010 by the Corporations (Investigation and Management) Order (No 4) 2010 (SR 2010/349), which is revoked by this order. The effect of this order is that, in accordance with section 62(3) of the Act, at the specified time both companies named in the order cease to be subject to statutory management; and the appointment of the statutory manager in respect of those companies terminates; and the appointments of the members of the advisory committee for the statutory management of those companies terminate.

High Court Amendment Rules 2012 (SR 2012/93): Made pursuant to section 51C of the Judicature Act 1908. In force 14 June 2012. Under rule 14.2 of the High Court Rules, one of the principles governing an award of costs is: "“(c) costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the proceeding or interlocutory application.”" This rule is designed to remove from Judges much of the burden in fixing the costs to be recovered by a successful party. The substituted Schedule 2 of the High Court Rules states new appropriate daily recovery rates, which have not been revised upwards for several years and were not changed when the current High Court Rules were introduced by the Judicature (High Court Rules) Amendment Act 2008. The substituted Schedule 3 of the High Court Rules incorporates a revision of the time allocations carried out by the Rules Committee. Both revisions have involved consultation with the legal profession.

Deposit Takers (Insurance Australia Group Limited) Exemption Notice 2012 (SR 2012/94): Made pursuant to section 157G of the Reserve Bank of New Zealand Act 1989. In force 18 May 2012. Exempts Insurance Australia Group Limited from the prudential requirements of Part 5D of the Reserve Bank of New Zealand Act 1989.      

Information released by Statistics New Zealand shows that prices for legal services (personal and corporate) rose by 2.3% in the first three months of 2012.

This compares with a rise of 0.6% in the same period in 2011.

In the year ended 31 March 2012, legal services prices rose by 5.0%, according to the Producers Price Index. This compares with a 0.9% rise in the year ended 31 March 2011.

Registrations are now open for the inaugural World Indigenous Lawyers Conference hosted by Te Hunga Roia Māori o Aotearoa (the Māori Law Society) in Hamilton this September.

The conference is open to anyone interested in learning and contributing to the theme: Law as a tool for indigenous peoples’ development: worldwide strategies and international perspectives.

Held from Wednesday 5 – Friday 8 September at the University of Waikato, the conference aims to assess how the law can be used as an indigenous development tool.

"It promises to be a superb event with international speakers, academics, and practitioners affording New Zealand practitioners and students in-person access to seminal international indigenous legal jurisprudence,” Te Hunga Roia Māori o Aotearoa co-president Tama Potaka says.

Discussion and debate over topical issues facing indigenous people, in particular, constitutional reform and the ownership and management of natural resources is planned.

New Zealand based practitioners will have opportunities to gain new perspectives on the Waitangi Tribunal, Māori business, and indigenous education.

The conference programme and presentations will touch on a cross-section of law that has a particular impact on indigenous people including: family law, youth justice, banking and finance, the court system, alternative dispute resolution, and corporate governance.

Confirmed international speakers are:

• Rebecca Tsosie (USA), Executive Director and Professor of Law
• Paul Chartrand (Canada), Director Aboriginal Governance Programme, University of Winnipeg
• Mick Dodson (Australia), Director of Dodson, Bauman & Associates Pty Ltd
• Leilani Tuala-Warren (Samoa), Executive Director Samoa Law Reform Commission
• Aminiasi Kefu (Tonga), Solicitor General
• Antoinette Braybrook (Australia), CEO of Aboriginal Family Violence Prevention & Legal Services Victoria

Confirmed Aotearoa/New Zealand speakers are:

• Hon Dr Pita Sharples, Co-leader NZ Māori Party, Minister of Māori Affairs
• Hon Christopher Finlayson, Attorney-General, Minister of Treaty of Waitangi Negotiations, Minister for Culture and Heritage
• Justice Joseph Williams, High Court Judge
• Tukoroirangi Morgan, Former Treaty Negotiator for Waikato-Tainui, Former Member of Parliament
• Paul Majurey, Partner at Atkins, Holm & Majurey
• Ani Mikaere, Barrister and Solicitor & teacher at Te Wānanga-o-Raukawa
• Tania Simpson, CEO of Kōwhai Consulting, Waitangi Tribunal member

Full programme details will be available 31 May 2012.

Registration forms are available online at: www.maorilawsociety.co.nz and www.facebook.com/WILC2012.

For further information contact Roxy Dhanjee.

The Chair of the Law Society's Family Law Section, Garry Collin, has sent a message to all New Zealand family lawyers about problems in Auckland caused by centralisation of court services.
 

Mr Collin says the Law Society is aware that many family lawyers are experiencing difficulties in Auckland due to the centralisation of court services, particularly in the Family Court.

"New Zealand Law Society Family Law Section representatives have escalated lawyers' concerns to the Ministry of Justice's General Manager District Courts," Mr Collin says.

"At a meeting last week senior ministry officials assured Family Law Section representatives that the ministry was taking the issues very seriously. They gave assurances that steps are being taken to clear the backlog by 30 June 2012. The ministry is putting in place a short and long term plan to address the issues. More information on this plan will be released shortly."

Mr Collin says that in the meantime, representatives of the Family Law Section continue to meet regularly with the ministry's Auckland Court Manager to highlight these issues and to see what can be done to assist lawyers who are experiencing delays and other problems in Auckland.

"Several Auckland family lawyers have provided the Family Law Section with specific examples of cases where they are experiencing problems in receiving information from the Family Courts. The paramount concern for family lawyers is client safety. The examples have been supplied to the ministry in confidence, so that it is aware of the serious nature of the problems; can investigate why things are not working as they should; and so it can put in place resources to resolve these issues."

Mr Collin says the Law Society will be working hard to ensure that the ministry's assurance of clearing the backlog by 30 June is kept. It will keep members informed of developments.

Wellington in-house lawyer Grant Adam has been elected President of CLANZ, the Law Society's section for in-house lawyers.

Mr Adam was elected at the annual CLANZ conference in Queenstown on 11 May. He works at the New Zealand Qualifications Authority, and has also worked at the Department of Trade and Industry, the Commerce Commission, the Ministry of Commerce and the Ministry of Health, his last role, where he was Chief Legal Advisor.

The new CLANZ Vice-President, Auckland is Charles Spillane. Mr Spillane is General Manager Corporate Affairs at Auckland International Airport and was winner of the 2011 CLANZ-LexisNexis In-House Lawyer of the Year.

David Dunbar, Registrar at the Medical Council of New Zealand, is CLANZ Vice-President, Wellington and sits on the NZLS Wellington Branch Council.

The Law Foundation has announced a grant of $137,861 to Otago University academics Mark Henaghan and Jennifer Moore to study whether Coroners' recommendations are being acted on.

The two will review all Coroners' findings and recommendations between 2006 and 2011 and interview about 60 agencies and organisations to determine how much they take notice of the findings.

Dr Moore says there is a pressing and overdue need for good information on how Coroners' recommendations are being implemented.

"Coroners haves aid that agencies are failing to take their recommendations seriously, but are all their recommendations possible to implement? Should mandatory follow-up be part of New Zealand law? Any such law reform must be evidence-based, not anecdotal."

The Otago researchers will work in collaboration with Coronial Services, and will take account of overseas experience, including a similar research project in Victoria, Australia, where a public statutory authority or entity which receives recommendations made by a coroner must provide a written response no later than 3 months after receiving the recommendations.

Parliament's Local Government and Environment Committee has released its report on the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill, saying committee members were unable to agree that the bill be passed.

"The New Zealand Labour Party, the Green Party, and the New Zealand First Party believe that, although an exclusive economic zone and continental shelf bill is necessary, they do not support the bill in its current form," the report says.

The report contains a number of amendments where the committee was able to agree.

One recommendation amends clause 2(2) so that any provision not brought into force earlier would come into force on 1 July 2014, a year later than originally proposed. The report says it is intended that the Act would come into force only once the first set of regulations was promulgated. Extending the "sunset" clause from 1 July 2013 to 1 July 2014 would allow more time for regulations to be formulated, and remove the risk of the Act coming into force before regulations could be developed.

A recommended amendment to clause 11 would refer more generally to New Zealand's international obligations regarding the marine environment, father than solely to UNCLOS. The committee says the bill seeks to give effect to international obligations other than UNCLOS, and the amendment clarifies this intention.

However, there was disagreement over the wording of clause 11, and the committee notes concern that the bill would not give effect to UNCLOS, particularly the requirement to "protect and preserve the marine environment". The New Zealand Law Society's submission on the bill drew attention to problems with clause 11 and noted that it did not reflect international jurisprudence.

Wellington lawyer Amelia Keene has won the 2012 New Zealand Law Foundation Ethel Benjamin Scholarship for outstanding young woman lawyers.

The annual award, which is worth $50,000 for post-graduate study, honours New Zealand’s first woman barrister and solicitor, who was admitted to the bar in 1897.

Ms Keene, who is a solicitor with Wellington law firm Chapman Tripp, will use the award to undertake an LLM course at Columbia University in New York. Her research paper will compare regulatory models of fresh water management in New Zealand and the United States, focusing on environmental federalism.

The Ministry of Economic Development is seeking feedback on a series of proposed changes to the Trade Marks Regulations 2003.

Amendments are proposed in the following areas:

• Introduction of a revised fee schedule that more accurately reflects the costs of delivery of trade mark services by the Intellectual Property Office of New Zealand (IPONZ);

• Implementation of the Government's decisions to accede to three international trade mark treaties. These are the Madrid Protocol, the Singapore Treaty on the Law of Trade Marks, and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and
  

• To make certain other changes necessary to improve IPONZ's administrative efficiency and the general operation of the regulations.
  
  

Submissions are sought by 5:00pm on 8 June 2012. More detail is provided in a discussion document which outlines the options that have been considered in formulating the proposals for amendments.