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In addition, the larger law firms run comprehensive training programmes of instruction for incoming graduates, to acclimatise them to the particular resources and requirements of that firm. Law students and young lawyers in New Zealand are usually encouraged to begin by looking first at commentary, especially a standard current textbook on the subject, or the relevant section in a legal encyclopaedia, before proceeding to primary sources.
There are now two books on legal research in New Zealand: Greville, M, Davidson, J. Butterworths, ; and Wainwright, B. This is intended as no more than a starting point for someone in a hurry. It is no substitute for a methodical search in a law library catalogue, a good hunt through the relevant legislation and cases, and time spent searching in legal journal indexes such as LINXPlus, AGIS, LegalTrac etc.
Each subject is approached through governing legislation and the list in each case will not be exhaustive , case law specific to that subject and excluding generic series such as the New Zealand Law Reports , secondary materials such as chapters in Laws of New Zealand and standard texts, journals specific to the subject, and online resources, which includes free and subscription materials.
Civil Procedure, and Legal Profession below. The main piece of legislation here is the Reserve Bank of New Zealand Act , under which banks are registered. The web pages of the Reserve Bank of New Zealand provide a rich source of information about the banking environment and monetary policy in New Zealand as well as the narrower topic of banking supervision.
You can also register for the Reserve Bank Email Service to get the latest news on what the Reserve Bank is doing, right when it does it, hot off the press, for free. There is also an archive of the Reserve Bank Bulletin back to on the site. There is a Banking Ombudsman service offering free and independent assistance for people to sort out their unresolved problems with participating banks. The participating banks are all listed on the web site, as are the services offered.
You can access the Case Notes and Newsletter via this web site. There are also online forms for complaints and requests for information. The trading and savings banks also maintain web pages: The governing legislation for personal insolvency is the Insolvency Act , while the Receiverships Act governs the receivership of companies.
There are a number of sections of the Companies Act that have significant effect in this area as well. The New Zealand Insolvency and Trustee Service website carries a lot of useful information on this subject in its Information Library, and offers access to the monthly Business Update newsletter.
You can subscribe to this online and receive each issue by email. The website also carries a database of information on insolvency matters, including banned directors and managers, and failed companies. Creditors are now able to file claims online.
Changes to the insolvency regime are in the wind as you might surmise from the age of the legislation and the standard text on the subject, see above , and there is presently a draft Insolvency Law Reform Bill and a discussion document on the MED web site , along with a growing collection of other publications and press and public statements on the progress of shaping the draft Bill.
This site also offers information about bankruptcy and company liquidation, both on this site under Company Liquidation and through its gateway to the resources on the Companies Office site.
There is a raft of legislation in this broad subject area. Annual or occasional compilations are also supplied in New Zealand Contract and Commercial Legislation , 21 st ed, and in the student edition, Introduction to New Zealand Commercial Legislation both also out of the CCH stable, and in Butterworths Commercial Legislation Significant Acts include, i. Bills of Exchange Act Carriage of Goods Act Consumer Guarantees Act Contractual Mistakes Act Contractual Remedies Act Credit Contracts and Consumer Finance Act Credit Repossession Act Fair Trading Act Hire Purchase Act Illegal Contracts Act Personal Property Securities Act Sale of Goods Act There is no single chapter of the Laws of New Zealand covering this area; rather a number of separate chapters, for example: This is a very densely cross-referenced web site, with links to a huge number of useful sources on various aspects of the business environment.
There is access to a large number of publications and public statements on business law and trade and discussion and publications on business policy and law. The Ministry also offers a free email newsletter, the Business Update.
Both are maintained by the MED. The Treasury website is a good source of up to date information about the current national economic climate and its management by government. Brookers Commercial Library - This is a subscription based electronic library, comprising: These may be subscribed to as separate products, or in any combination.
The statute establishing the jurisdiction of the High Court is the Judicature Act , and this also provides for the making of the rules of court. Originally, these appeared as a schedule to the Judicature Act the present rules were originally contained in a schedule to the Judicature Amendment Act No.
These are the High Court Rules. The District Courts Act provides for the making of the District Court Rules, which are now amended by the same Rules Committee that is responsible for the High Court Rules, thus maintaining reasonable consistency between the two sets of rules. There are 3 chapters of the Laws of New Zealand on this subject: District Courts; Civil Procedure: High Court; Civil Procedure: Supreme Court and Court of Appeal.
Brookers Practice and Procedure Series. This consists of over a dozen subject-based sets of documents on particular aspects of legal practice, available online by subscription, either separately, as a package, or separately but within a related subject library. The web pages of the Courts section of the Ministry of Justice contain information for legal professionals, including practice notes and guides.
There is a collection of legislation relating to takeovers on the web site of the Takeovers Panel. The relevant chapters of the Laws of New Zealand are: Companies, and Shares and Securities. Its web pages offer useful information on the companies regime, online compliance and registration facilities, and also the opportunity to register to receive a free Business Update Newsletter.
You can register a new company, reserve a company name, file certain company documents including annual returns and update director and company address information online. You can search the register for information on companies, other bodies including incorporated societies, and the banned director database. For information on company registration around the world, see the international pages on the UK Companies House website.
Earlier in the same month, the about-to-be renamed NZX announced its intention to list on the Main Board of the Exchange. The Securities Commission of New Zealand is established under the Securities Act , and its aim is to foster capital investment in New Zealand by strengthening confidence in New Zealand's capital markets, both in New Zealand and overseas, by promoting: There is a facility on the front page to register for email alerts to new information on this site.
The Takeovers Panel web site offers information about the takeovers regime in New Zealand, including determinations of the Panel, copies of public addresses, and an archive of Code Word , the newsletter of the Takeovers Panel.
IRG offers subscription access to investment information relating to New Zealand and Australian companies. Although most in-depth information, analysis, and advice services are by subscription, there is still some useful free material available — including a handy clickable list of company websites. Brookers Company and Securities Library subscription contains as separate infobases: Each contains commentary and relevant legislation and precedents, while the Company and Securities Law Bulletin.
CCH NZ is a major publisher of company and commercial legal information, and its online Company library offers subscription access to commentary on law and practice, cases, and relevant legislation — all corresponding to its hard copy products from the CCH Library Online link.
Both Lexis and Westlaw contain large volumes of mainly American international company, securities, and general commercial information; both are accessible online by subscription or other payment options available from time to time from Lexisnexis Butterworths and Brookers. New Zealand competition law is based on the Australian Trade Practices legislation, which in turn is related to Canadian and U. Case law and commentary from all these jurisdictions is relevant. The Laws of New Zealand contains a chapter on Competition.
The Commerce Commission is the New Zealand competition watch-dog. Its own statement about itself on its home page is: The final issue focuses on compliance issues arising out of the Dairy Industry Restructuring Act. This is a very wide area of study indeed, embracing as it does intellectual property, privacy, data protection, e-government, e-commerce see below , and computer contracts to name just a few sub-sets. Because this subject now permeates every area of the law, cases will be found in almost any series of law reports or databases of unreported decisions.
This global subject has generated a sizeable literature in all its facets, mostly written in other jurisdictions. A search on any law library catalogue should turn up works on the particular aspect you are researching. The following is a somewhat random and idiosyncratic selection. There is vast array of information available online in the international arena.
Domainz is a register for. There are plenty of books on this subject, often written by law librarians, from most jurisdictions.
Characteristically, the subject is now treated simply as one aspect of an integrated approach to legal research, rather than a field in its own right, and so is usually covered in a general work on legal research within the jurisdiction under study. There are 2 chapters in the Laws of New Zealand on this subject: Choice of Laws , and Conflict of Laws: Jurisdiction and Foreign Judgments. For the most part, New Zealand lawyers rely on English texts in this area.
The New Zealand Law Society runs occasional seminars on this subject; the most recent is: For child abduction matters, see below under Family Law.
Another area where there is a raft of legislation; for example: Relevant chapters in the Laws of New Zealand are: Some recent publications are: In addition, any basic text on commercial law will contain sections on the various aspects of consumer law.
The Ministry of Consumer Affairs is the administering body. Its well-stocked web pages offer advice to both consumers and traders to assist compliance. As well as being a valuable source of information, the site lists all available fact sheets and leaflets on consumer-related topics that may be either ordered or down-loaded off the web pages. Consumer , a magazine devoted to consumer issues, has a web presence where, although most of the really meaty articles are available for a fee often only after you have first been tempted half-way into a feature , there is a great deal of useful information available free of charge.
It offers annotated commercial legislation, including consumer law. The common law of contract has been much modified in New Zealand by legislation, in particular: Contract law issues arise in all aspects of legal life, and case law consequently may be found in any report series. Major cases will, of course, appear in the New Zealand Law Reports.
There is a Contracts chapter in the Laws of New Zealand. Common law aspects of the subject are also covered in such English classics as Chitty on Contracts , 29 th ed by H. A further recent move is the reabsorption as from 1 October , of the Department for Courts back into the Ministry of Justice; see documentation on the review that lies behind this move on the pages of Trevor Mallard , Minister for State Services. There is a chapter on Courts in the Laws of New Zealand.
Works on practice and procedure are noted under Civil Procedure above and Criminal Procedure below. There is a diagram showing the hierarchy of the courts on the home page for the Courts. Information on the history, business, constitutional status, and organisation of New Zealand courts may be found in any recent book on New Zealand legal history, public law, politics, or the legal system. Courtside , Wellington, Dept for Courts, — really an in-house magazine for employees, but contains some useful information about the workings of the Department, and changes in the wind.
The Courts home page is a useful site for access to information about the work of the various parts of the courts system, with useful lists of and links to the courts and tribunals under its jurisdiction.
It must be remembered that not all tribunals are administered by the Department for Courts; however, there are links to these from this web site. The site also carries information about the work of the courts, together with publications for litigants. Another helpful source of information about courts, tribunals and the plethora of other decision making bodies with which we are blessed is the web site of the University of Waikato Law Library , where there is a directory of decisions of these bodies.
Readers should be aware, however, that not all parts of this directory are always up to date. However, it does function as a comprehensive index to these bodies, and also offers information about where the determinations of the various bodies may be found.
This is a very up to date site, with a lot of topical information. You can register to receive copies of the Employment Relations update as it is published. There is also a subscription service for delivery of cases through the Employment Institutions Information Centre. A list of recent cases with no subject details may be scanned without charge at http: You may order individual cases off the web site.
Transcripts of hearings of the Supreme Court along with summaries of decisions, and finally the decisions themselves are all available from the Supreme Court web pages. It contains well arranged information about the Court, and about youth justice in general.
There are also three clusters of data designed for young people, for families, and for victims. New Zealand has codified its criminal law legislation, and the present Crimes Act is based on the Criminal Code Act of , which in turn derives from the Draft Code of the English Criminal Code Bill Commission, published in — as do the codes of Canada and some Australian States.
Case law from these jurisdictions is often significant in New Zealand courts. The criminal aspect of drug abuse is covered in the Misuse of Drugs Act There are 2 looseleaf services offering annotated versions of the Crimes Act; these are: For a general text on the subject, see: Principles of Criminal Law by A.
Brookbanks, and Gerald Orchard. Wellington, Brookers, , and for drug abuse, see: Misuse of Drugs by Don Mathias. At the time of writing there is no journal devoted to criminal law published in New Zealand. New Zealand criminal lawyers both use and publish in a variety of specialist journals from other jurisdictions, e. This list is by no means definitive: Brookers Criminal Law Library, containing: Lexisnexis Butterworths Criminal Library, containing: In the matter of sentencing, see: Hall and Moira Thompson.
A lot of useful background information may be found on the Ministry of Justice web site. There is information available for court users on these web pages.
Reflecting the reality that e-commerce is now a factor within so many branches of law and commerce, it is not surprising that there is no one chapter on this subject in the Laws of New Zealand; rather, it is discussed as it arises under each substantive subject in the Laws.
This is a subject enthusiastically embraced by writers in the legal and commercial fields. A sample from New Zealand: There is an interesting though scant overview last updated of New Zealand law from an e-commerce perspective at http: Employment Relations Act There are also a number of other enactments that affect employment relations, including: This list is by no means comprehensive.
The Laws of New Zealand has a chapter entitled: The following New Zealand web sites offer employment related information: The Department of Labour web site contains information on a broad range of issues relating to employment, including immigration, community development, and research on work. The DOL offers a great service in making available email delivery of its numerous reports, newsletters, and updates from its subscription service, just a click away from the RHS of the front page.
It is a helpful source of current information about events and initiatives, together with access to publications and official reports and statistics. The DOL also hosts a valuable Employment Relations Service for both employers and employees as part of its suite of online services. It has a densely packed home page offering links to all conceivable aspects of the employment relationship.
The lists are simply names of parties, counsel, and date and place of hearing, with no subject information whatever, so they are mainly of interest to lawyers who already know about them.
There is provision to order the cases online, or to subscribe to the Employment Cases Summary for a fee. Free access to ERA Info is available quarterly, either online or on paper by free subscription. The web pages of the New Zealand Council of Trade Unions provide a handy hub with links to all New Zealand unions, and to related overseas organisations and news. The site provides access to media releases, reports, articles, and submissions, with its own slant on the current employment regime.
Employment Today , a journal published by Thomson Brookers, has a site where it offers teasers by way of snippets from articles in recent issues. Thomson Brookers also publishes S afeguard , a magazine devoted to health and safety issues in employment. Thomson Brookers offers an integrated online Employment Library that includes: Lexisnexis NZ also has a collection of employment-related material online containing: Access to the International Labour Organisation is available online.
The major piece of legislation in this field is the Resource Management Act — but this is complemented by numerous other Acts on specific aspects of the environment. These will be spelt out in any standard text on the subject. There is a confusing plethora of departments and authorities and agencies that are charged with various clusters of responsibilities in this area. The following will give you some idea of the complexity of this environment, which is full of overlapping agencies.
The Department of Conservation is charged with the preservation of our natural resources, and information about its work may be found here. You can view its publications, register to receive an email newsletter, check out places to explore, or download the entire list of walkways. The Environmental Risk Management Authority ERMA is charged with the responsibility of controlling the introduction of new plants and animals including genetically modified organisms GMOs and new and existing hazardous substances into New Zealand.
Its web pages spell out its responsibilities, provide definitions, current awareness, and offer details for compliance. It provides information about the international perspective as well as the domestic one. Renewable energy is always a hot topic in New Zealand, and the Energy Efficiency and Conservation Authority site has plenty to say about this and a whole lot more.
Other relevant web sites include the Ministry for the Environment , which offers convenient access to relevant laws and treaties, and information about current events in this area. The Ministry of Fisheries carries information about its marine biosecurity research programme and is also a very valuable resource of information about the impact of customary fishing in the New Zealand context.
Most of its reports are available online. The Environment Court site links from the Department for Courts, and its pages explain the workings of the court. The Resource Management Law Association of New Zealand is an organisation of legal professionals working in this field.
Access to abstracts of Journal archives is available from this site. As well as advertising the journal and its monograph series, the Centre also offers access to an impressive number of national and international environmental law resources. There is a New Zealand Climate Change website offering information on this subject, including information about government policy and the Kyoto Protocol. You can browse or search the database on areas of interest, including council contacts and guidance on the planning process.
It offers the decisions on a subscription or pay-as-you-go basis. There is a generous concession for tertiary institutions that provide qualifications in law or resource management. Finally, the Te Puna Web Directory is a very good source of links to resources in this subject area. Brookers Online has two relevant electronic libraries: As this subject is taught, it is mostly confined to the study of trusts, wills, and the administration of estates, and these subjects have associated legislation.
But the equitable jurisdiction is much wider than that, including equitable remedies and other judge-made law that finds its way into most legal subject areas. English texts are relevant — see, for example: There is a chapter on Evidence in the Laws of New Zealand.
In New Zealand, the branches of this province of the law are legion. The legislative framework is similarly vast. No attempt will be made here to list all these Acts. The reader is strongly advised to start by locating a copy of the latest edition of Family Law in New Zealand to gain an overview of the subject.
This will provide some guidance to the legislation. Some key Acts are: There is no single chapter in the Laws of New Zealand that covers family law. Rather, the divisions are covered separately, as: There are 2 standard looseleaf services on family law: Other information includes our organisation and structure, the legislation we administer, the Ministers we work to and social work recruitment. The Family Court website is clearly set out, and offers general family law information as well as resources such as legislation, forms, brochures and reports.
There is also a collection of recent noteworthy judgments from the Family Court, arranged by subject. The Ministry of Youth Affairs is a focal point for numerous activities involving young people, including information about the Youth Parliament, Youth Councils and the like, as well as providing policy and issues papers and other publications on statistics, policy, and a great deal more. Currently topical issues such as youth suicide get extensive cover, and information is provided and feedback sought from the community.
Among other things, this is a source of free legal advice to young people. The Youth Court web site contains useful information for youth, family, and victims who may use the court and are unfamiliar with it or with the youth justice system. The Office also keeps the community informed about its activities through its pages.
One of the planks in the policy platform of the United Future Party during the election campaign was the establishment of a Families Commission. The Families Commission Act was subsequently enacted in December , and there is now a web site representing the work of the new Commission to the public. Brookers Online likewise offer a Family Law Library , containing the Family Reports of New Zealand , and legislation and commentary bundled under broad topics: At the time of writing, the only official source of New Zealand legislation is hard copy.
The legislation has been published in first pamphlet parts, and then annual volumes since There are also two commercial electronic versions of the New Zealand statutes, produced by the two rival publishers LexisNexis NZ and Brookers.
These latter offer enormous advantages over the hard copy, which is kept up to date by a curiously quaint and cumbersome method of biannual manual annotation, involving red pencils and lots of glue. Since , the Parliamentary Counsel Office has been labouring at the task of generating an official consolidated version of the statutes, which may be cited in Court in the same way as only the paper version may at present.
This project fell upon hard times, overran its budget, lurched into technical difficulties, and has only recently resumed work. You can read about the progress of this magnum opus at http: In the meantime, since the PCO had undertaken to provide free public access to online consolidated legislation by , New Zealanders have had free access to one of the commercial versions without all the attachments at http: Both series are available online, although not back to the beginnings of publication.
New Zealand has been slow to offer free public access to legal information. Free access to legislation not official can be found here. Free access to case law is only very slowly coming on stream.
At present, probably the quickest access for the public is on the web pages of the various courts see under Courts and Tribunals, above. High Court decisions are much more problematic. There is also an apologetic-sounding offering of links to other sources for judicial decisions. Since the mids there have been two indigenous databases of case law digests which evolved out of a need to come to grips with the large number of unreported judgments in circulation, and the perceived slowness of law reporting.
Each performs a valuable function at a time when reliable timely access to full text online decisions is still problematic. Both are commercial products, and only available on subscription.
The two best-known publications for general legal current awareness are The Capital Letter , a weekly publication summarising recent noteworthy cases, new legislation, Bills and Regulations, together with a brief review of legal and political affairs, and Butterworths Current Law , a fortnightly publication covering similar ground. The New Zealand Gazette. This is the official newspaper of the government.
Official notices and proclamations are published in the Gazette , as are various species of tertiary legislation — some of which are to be found in no other place. The New Zealand Gazette is now mercifully available online through the Department of Internal Affairs, with archives back to Notices back to See also the section on Parliament below.
See also Chapters 1 and 3 above. The New Zealand Official Yearbook , prepared by the Register General, — is a good source of information on facts, figures, and the New Zealand administrative framework. A chapter on Government is included. The Directory of Official Information , — also available online via the Ministry of Justice website is a treasure chest of information about the agencies of government. Also helpful are Introduction to New Zealand Government: Despite your extensive efforts, if you are still unable to locate the individual then it is time to consider engaging a professional skip tracing and location agency.
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