Wednesday, December 29, 2010
Thursday, December 23, 2010
Ultra Fast Broadband Rollout Begins
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The long awaited rollout of ultra fast broadband in New Zealand is underway with Manaia View School in Whangarei being chosen as the site for the first fibre cable laid there recently. In a significant development in New Zealand laws the government has pledged its support of the project and in excess of $1.5 billion in funding.
Steven Joyce, Minister of Communications and Information attended the ceremony at the school to mark the commencement of works had the following to say.
“This the first stage in a government plan which will see fibre enabling speeds of at least 100 Mbps rolled out to 75 per cent of New Zealanders where they live, work and study.
“The UFB policy is a key platform for the government and after a huge amount of work behind the scenes I’m pleased now to see some concrete results,” says Mr Joyce.
The crown has pledged to invest $1.5 billion in the UFB rollout and a new government agency, Crown Fibre Holdings, has been set up to manage the project.
Overall, in excess of 50,000 people in Whangarei will benefit form the fibre rollout by 2014. This will include more than 2,000 business in the region as well as over 300 healthcare services and 20 schools.
Further deals have been signed to facilitate the rollout of fibre in other centres including Hamilton, Cambridge, Te Awamutu, Tauranga, New Plymouth, Wanganui, Hawera and Tokoroa.
New Zealand is lagging considerably behind European countries is this area and the rollout of ultra-fast broadband is a crucial part of the essential infrastructure of a productive and growing economy and will be vital to New Zealand improving its competitive advantage in the global market. In commenting on this. Stephen Joyce had this to say.
“The future of broadband is in fibre, and taking it right to the home will bring significant gains for productivity, innovation and global reach.
“This is an exciting day for Whangarei and for New Zealand.”
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Friday, November 5, 2010
More Builders To Be Licensed In Canterbury
More Builders To Be Licensed In Canterbury
The department of building and housing is to host an expo at Christchurch Boys’ High School tomorrow which will be aiming to add to the numbers of licensed builders assisting in the mammoth task of rebuilding Canterbury in the wake of the September 4 earthquake.
The primary reason for this initiative is to engender confidence among consumers and accountability for builders. In announcing the initiative Building and Construction Minister Maurice Williamson said. “For owners, using Licensed Building Practitioners means confidence that homes will be repaired right first time,”.
In the aftermath of the 7.1 earthquake over 1,100 builders, designers and other tradespeople have either been licensed already or have current applications underway. That can be compared to the paltry 165 who were licensed before the earthquake.
“This Saturday presents an opportunity to push that number even higher, so we have the right people on the ground as demand for quality builders increases.”
Heatley announced that it is the government’s hope to see 1,600 licenses issued in Canterbury by the end of this month.
“The upswing in the number of people licensed to carry out essential building work means that people are going to be able to get back into their homes faster, and can be confident about quality workmanship.”
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$13 Million Housing Development In Tamaki
$13 Million Housing Development In Tamaki
40 New state homes are to be built in Tamaki in a $13 Million dollar project, Housing Minister Phil Heatley announced today. The new housing estate is part of the redevelopment of the East Auckland suburbs of Glen Innes, Panmure and Point England known as the Tamaki transformation programme.
"The redevelopment plans for Kings Rd involve replacing 15 old and rundown bedsit units with 40 modern units within four individual two and three storey buildings," says Mr Heatley.
"The new units will be lighter, warmer and bigger and have two bedrooms. They are specifically designed for older people, with ground floor units suitable for people with disabilities.
"Through good design the number of units on the site will be more than doubled so that more people in need can enjoy the benefits of good quality affordable housing," Mr Heatley said.
"This new development makes the best possible use of the available land. We need to be wise about how we tackle redevelopment opportunities to ensure that we get the best value for our resources. Clever design here means the number of homes have been increased from 15 to 40 and they will be much bigger – it’s a win-win," says Mr Heatley.
The initial development, in Kings Road, Panmure, is scheduled to be completed by November 2011. Whilst on site in Tamaki to turn the first sod in the development, the minister also visited state tenants who have had their homes modernized.
"Many of the state homes in Tamaki are over 60 years old and in need of an upgrade to make them warmer and drier. Through the Tamaki Transformation Programme, Housing New Zealand are modernising 120 homes in the area over a three year period," he said.
"This means the tenants will live in insulated homes with decent bathrooms and kitchens. We know that good quality, affordable housing is linked to better health, educational performance, wealth and personal security, and strengthens communities and neighbourhoods."
The New Zealand Laws site aims to bring you regular updates on aqnnouncements form parliament as well as posts on new laws as they pass through parliament. For advice on any specific area of law you should contact your specialist legal advisors.
Thursday, November 4, 2010
New Zealand Laws | 2025 Report Acknowledges Long Term Challenge
| New Zealand Laws | 2025 Report Acknowledges Long Term Challenge
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Finance Minister Bill English stated in a press release today that the second 2025 Taskforce report shows that the National Government has taken steps to lift New Zealand's sustainable economic growth, but catching up with Australia will be a long-term challenge according to English.
"Budget 2010 took several steps in that direction – including across the board personal tax cuts on 1 October that narrow the gap in after-tax incomes with Australia," Mr English says.
"However the report shows just how challenging it will be to catch up to Australia by 2025, especially as we continue to recover from a recession - started under Labour - that Australia never had.
"Our first step has been to get the economy out of recession and growing again. We've now had five consecutive quarters of growth and we've put in place a broad programme of action, which will provide a platform for future growth.
“The Taskforce’s report – part of ACT's confidence and supply agreement with National - raises some interesting ideas, which will hopefully generate constructive debate. The Government will consider some of those ideas, alongside the range of other advice we receive, and make practical decisions.
"However we disagree with the Taskforce report's authors about the ideal speed of reform.
"History shows that reforms done at breakneck speed tend to be fairly counterproductive. If you don't take the time to convince people of the benefits of change there's a good chance the next government will simply reverse them.
"We are already moving in some of the directions suggested in the report. As well as cutting personal and corporate taxes, we have put a cap on new Government spending, have put better incentives into the welfare system and are reviewing major regulation.
"But any changes must meet the tests of fairness and equity, be consistent with our election promises and occur at a sustainable pace.
"The only way we can permanently lift New Zealand's economic growth is through considered and consistent reform and change, year after year," Mr English says.
New Zealand laws aims to bring you updates on new law as well as topical information from parliament. For advice on any area of law we recommend that you contact your specialist legal advisors.
Tuesday, October 26, 2010
New Zealand Laws | Call For Crewe Murder Inquiry To Be Reopened
New Zealand Laws | Call For Crewe Murder Inquiry To Be Reopened
Arthur Allan Thomas, who was granted a royal pardon in 1979 after having spent 9 years in jail wrongly convicted of the murder of Harvey and Jeanette Crewe has backed a call from Mr and Mrs Crewe’s only daughter Rochelle for the case to be reopened.
The murders, which occurred 40 years ago, remain a black mark against the police force in New Zealand. A royal commission found that detectives on the case framed Mr Thomas by burying a shell casing from his rifle in the garden at the Crewe’s farmhouse, south of Auckland.
In her statement, Rochelle Crewe was critical the decision of the Solicitor-General at the time, Paul Neazor, QC, not to lay charges against detectives Bruce Hutton and Len Johnston. The head of the 1980 commission, Justice Robert Taylor from Australia said what they had done was "an unspeakable outrage".
Police Commissioner Harvey Broad was quoted as saying "What's coming out is that there are a lot of unanswered questions about this case, and a lot of contested questions, and people are looking for answers. Whether or not it's possible to do that [reinvestigate], I'm not sure."
Police Union chief Greg O'Connor said the case had long been a black mark against the police. "When you consider that my generation of police officers have had that thrown in our faces continuously ... maybe a properly conducted inquiry wouldn't be a bad idea."
Prime Minister John Key said it was unlikely that the Government would set up an independent investigation, but he did not rule it out.
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new laws | Gun Law Tightens On Air Rifles
New Laws | Air Rifles Now To Be Regulated Under The Arms Act
New Zealand guns laws became tighter than ever on October 15th when the law was amended to extend to cover all “pre-charged pneumatic air rifles” All airguns except those used in “air soft” and “paintball sports” will henceforth be classified as especially dangerous airguns and will now be subject to the licensing requirements of the Arms Act 1983
It is widely felt that the new ruling is a good thing because some models of modern air gun are capable of causing serious injury and possibly even death. The technology behind these weapons has developed such that they are now extremely powerful and according to some sources within the New Zealand police force, air rifles had become a weapon of choice for some criminals.
Until the law change it was possible to own an air rifle without being subjected to the rigorous background checks required to hold a firearms license in New Zealand. Air Rifles have been used in two homicides in New Zealand, a spokesman for the police maintained.
The law change brings the requirements for owning an air rifle into line with rules relating to the use and storage of other guns and they too must now be safely stored and users must undergo complete safety training. The importation of air rifles will now also be able to be monitored by the police and customs.
Wednesday, October 13, 2010
Tuesday, October 5, 2010
New District Court Judge appointed
New District Court Judge appointed
Attorney-General Christopher Finlayson announced today that Napier Barrister Max Courtney has been appointed a District Court Judge with a Family Court warrant.
Mr Courtney was admitted to the bar in 1977, working at the time as a Solicitor with McIlroy Cochrane Wellington followed by a stint with Rainey Collins Armour & Boock in Wellington. From 1983 to 1984 he was employed as a Solicitor with Langley Twigg in Napier. In 1984 he became a partner of that firm and from 1984 to 2000 he was partner in charge of the firms litigation department. He has been a Barrister sole since 2000.
Mr Courtney has held various appointments with the Hawkes Bay District Law Society and the New Zealand Law Society. Since 2008 he has been the Deputy Convenor of the New Zealand Law Society Standards Committee (Hawkes Bay) and a Member of the Napier Family Court panel of mediators for counsel-led mediations
The new Judge will be sworn in at Napier on 26 November 2010, and will sit in New Plymouth.
Monday, October 4, 2010
The Canterbury Earthquake Response and Recovery Act 2010
There is a considerable amount of concern over the Canterbury Earthquake Response and Recovery Act, which was whipped through Parliament with great haste in order that the Government might have "adequate statutory power to assist with the response to the Canterbury earthquake". There is no doubt whatsoever that there was a need to act quickly so that the rebuilding of Christchurch could commence quickly and smoothly, and to ensure that those seeking to help the city return to normal are not hamstrung by being tied up in red tape.
But the powers that act grants to the Government are wide in the extreme and it is not an exaggeration to say that Gerry Brownlee, the minister heading the recovery program, is cast in the role of pseudo monarch. The Government can effectively decide to ignore the law except for five acts – the Bill of Rights 1688, the Constitution Act 1986, the Electoral Act 1993, the Judicature Amendment Act 1972, and the New Zealand Bill of Rights 1990.
Among the many acts of parliament it can override using powers bestowed on it in the new act include the Resource Management Act, the Commerce Act, the Historic Places Act and the Health and Disability Services (Safety Act) which together form the foundations of the planning regime. Edicts made using powers in the new act carry all the force of the law, no-one acting in good faith under those edicts can be held liable, and there is no right to compensation created by the act. The new law has been compared to a Henry the VIII clause and gives unbridled power to the minister.
That is not to suggest that the Government will use the new powers unwisely or without due thought. The act passed into law with the support of all parties in Parliament. There is widespread doubt about whether Mr Brownlee, the man who so favours the mining of conservation land should be trusted with architectural heritage of Christchurch. We should not lose sight of the fact that it was in large part due to the tough building code requirements and consent process that Christchurch came through the horrors of the September 4th quake with no loss of life.
One of the first acts expected using the new powers is to absolve the council of its statutory obligation to provide home buyers with land information memoranda within 10 working days. The council’s property files are stored at a recall facility and are in turmoil following the quake. As such, it is not going to be able to provide a full LIM for some months.
Whilst the new law will not please everyone, the government had to be seen to act quickly and decisively to enable the re building of Christchurch to commence as soon as reasonable possible. With over 4 billion dollars of claims expected and still another two months in which claims can be lodged, the full extent of the damage is as yet unknown. The powers granted under the act will be in effect until 1 April 2012.
Friday, October 1, 2010
The Canterbury Earthquake Response and Recovery Act
The New Zealand Law Society has said it recognises that there were unprecedented circumstances which led to Parliament passing the Canterbury Earthquake Response and Recovery Act 2010.
Law Society President Jonathan Temm today said the earthquake was an exceptional and devastating event which justified emergency legislation to facilitate the recovery of the Canterbury region.
Mr Temm said it was understandable that the resulting Act made exemptions, modifications or extensions to relevant legislation. It was also noted that the new powers were seen as having a finite duration, with the Act expiring on 1 April 2012.
“We acknowledge the pressures which have been placed on Parliament to provide appropriate machinery for assisting recovery in Canterbury,” Mr Temm said. “However, the Law Society believes it has both a legal and a moral duty to place on record its concern that there are some serious issues with the Act and how the Act impacts on the rule of law.”
“We are not going to criticise the legislation from the sidelines. While we strongly point to what we see as problems in the way the legislation is drafted, we have some suggestions on how Parliament can resolve these.”
Mr Temm said the Law Society believed that the powers delegated to Ministers by section 6 of the Act were potentially at odds with maintenance of the principles of the rule of law.
“An Order in Council may make exemptions from, modify or extend the provisions of any New Zealand statute, with only five exceptions. Lawyers and commentators have already pointed out that this could include the Crimes Act, legislation on taxation and revenue, and many other statutes which have no connection to recovery work in Canterbury.
“Of course, it can be said that the powers will never be used. However, our concern is that while everyone may act with the best intentions in the interests of Canterbury and New Zealand, there is still reliance on anyone using the powers conferred by the Act to define their own boundaries and restraints. Even actions which are taken in good faith by officials could go beyond what was envisaged by Parliament when it passed the legislation.”
Mr Temm said the Law Society also pointed to the provision in the Act which made it difficult or impossible for anyone to obtain a judicial ruling on whether the powers in the Act had been used appropriately.
“The Society suggests that a workable approach would be to specify which Acts might be the subject of Orders in Council. This would limit and define the powers without necessarily preventing their use for earthquake recovery in any way. Judicial review should also be available to determine whether power has been used appropriately or otherwise.”
Mr Temm said the Law Society has written to the Attorney-General with details of its concerns and with an offer to work with Parliamentary officials or others in dealing with the concerns which are now being voiced about the legislation.
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