Knowledge of the weapon not legally required in common purpose cases
By Craig Sisterson

THERE IS no legal requirement for judges to give a knowledge-of-the-weapon direction in “common purpose” party liability cases under section 66(2) of the Crimes Act 1961, the Supreme Court of New Zealand has recently held. However, whether such a judge’s direction is practically required “will depend very much on the particular circumstances of the case and the particular charge which the alleged party faces”, said the Court in Edmonds v R [2011] NZSC 159 (20 December 2011) at [52].

Edmonds was an appeal against conviction for manslaughter. The appellant had been part of a group of Black Power members who’d driven to a house, with a variety of weapons, to confront the deceased, who had Mongrel Mob connections. The appellant stayed by the car holding a gun while other members of the group chased down a driveway the deceased and two or three other men who were returning from a party. One of the other Black Power members caught and fatally stabbed the deceased.

Defamation and the new ‘wild west’

Are the laws of defamation different online?

I’m picking this question is going to garner increasing debate in the next few years. The answer, of course, is straightforward. Ask any blogger (they are seldom shy of venturing legal opinions) and they’ll tell you that there are no laws of defamation online. It’s a wild west, a free-for-all. Cyberspace exists beyond the jurisdiction of the Courts.

Revisiting audits or reviews of accounts

I have always regarded legislation such as the Industrial and Provident Societies Act 1908, Agricultural and Pastoral Societies Act 1908, Building Societies Act 1965, Friendly Societies and Credit Unions Act 1982, and Racing Act 2003, and Acts specifically dealing with professions as minefields which are not readily covered in material intended for those running and advising more ‘mainstream’ community societies and charitable trusts. Indeed, to do so would tend to confuse the primary readership. Therefore, these articles have tended to shy away from more esoteric societal legislation.

ENVIRONMENTAL LAW
Rena compensation
Robert Makgill and Dr Jeremy Hayman look at the real issue facing those affected by the Rena grounding

In November 2011, the Government announced a support package for businesses affected by the MV Rena disaster. The support package has received mixed reviews from local Tauranga businesses. However, the real issue for many local businesses is the longer-term compensation they will receive for loss of income and damage to property, and how they will go about claiming for such losses.

Speaking with local Tauranga business people, who have been impacted by the Rena grounding, it is clear that the support package offered by the Government will help to pay some of their staff wages provided they meet the support criteria.

BUSINESS OF LAW
Changing the landscape of law
Darise Bennington looks at the business of law from the perspective of firms who have chosen to “specialise”

At the 2011 New Zealand Law Awards™, one of the things that stood out was how well the specialist law firms had performed. They dominated the evening – whether they came from Dunedin, Wellington, Hamilton, or Auckland, it was certainly a night when they shone, with award after award being presented to firms that in many cases had no more than two partners. So why in such a short period of time have they become so successful?

A few months prior to the Law Awards evening, I had invited a number of Wellington-based firms to join me over lunch to discuss why they had chosen to set up specialist firms, and what were the challenges, if any, they were facing as they became more established. Lawyers from a variety of firms joined me that day ...

IN-HOUSE
Searching the horizon
With all the economic ructions in Europe, just what is in store for New Zealand companies in 2012? Two economists share their thoughts on the global outlook with Craig Sisterson

Well, here we are, the beginning of another year. A time when we naturally look ahead to see what might be on the horizon during the months ahead: what opportunities and what risks will 2012 bring? What might change for us and our businesses?

The global economic waters have certainly been muddied by recent happenings in Europe over the past few months, with Greece, Spain, Portugal, and Ireland all buckling under large debt, and other European nations (and the Euro zone as a whole) facing increasing pressure. But just what does this mean for New Zealand companies? What sort of effect might such tumult have here, half a world away (geographically, at least)? And what, if anything, should New Zealand businesses be doing to adjust their 2012 plans in light of the European crisis?