News

Accountability required for online publishers wanting ‘news media’ protections
By Craig Sisterson

UNDER PROPOSALS released by the Law Commission this week, bloggers and other online publishers wishing to be protected by the statutory privileges available to “news media” will need to accept accountability to a code of ethics and complaints process. In its issues paper, The News Media Meets ‘New Media’: rights, responsibilities and regulation in the digital age (IP 27, December 2011), the Commission also proposed a new, independent regulator for all “news media”, to replace the government-appointed Broadcasting Standards Authority and self-regulatory Press Council, and fill the gaps in the current regime when it comes to new media and online content.

“The regulator we are proposing would have no impact on citizens exercising their free speech rights on the Internet,” said Law Commissioner Professor John Burrows QC. “It would only apply to those who wished to be classified as ‘news media’ for the purposes of the law.”

The Commission is seeking wide feedback from stakeholders and the New Zealand public on the proposals and questions raised in the Issues Paper. Part 1 (chapters 2 to 6) considered questions of who comprises the “news media” – entities entitled to access special statutory legal privileges while being held accountable to legal and ethical standards – and how such “news media” should be regulated.

The Commission noted at [16] that, sparked by the Internet, a “new decentralised and democratised model for the generation and dissemination of news and current affairs is enriching public debate” and has the potential to strengthen democracy “by increasing participation in public affairs; widening the sources of information available to the public; providing a greater diversity of opinion and strengthening the levels of scrutiny and public accountability”. The model also creates legal and policy challenges.

Former Vice-President of Law Society becomes Minister of Justice
By Craig Sisterson

PRIME MINISTER John Key announced this week that Judith Collins would be elevated in the Cabinet rankings and take over the Justice portfolio vacated by former Minister of Justice Simon Power, who retired from Parliament before the election after leading a number of major reforms during the last term. “National’s line-up is a very strong one, with a mixture of fresh talent and experience,” said the Prime Minister. 

England and Wales Court of Appeal provides ‘cold case’ sentencing guidelines
By Darise Bennington

AFTER REVISITING the issues that arise in relation to sentencing offenders for historic sexual offences, the England and Wales Court of Appeal (Criminal Decision) has provided a set of guidelines for Courts tasked with sentencing ‘cold case’ sex offences.

The issue before the Court of Appeal in H, R v (Rev 2) [2011] EWCA Crim 2753 (24 November 2011) was the correct approach to the sentencing decision. 

Features & Opinions

FAMILY FILES
Whose rights prevail?
By Andrea Manuel, barrister, O’Connell Chambers

The High Court considered the interface between the Property (Relationships) Act 1976 (PRA) and the Land Transfer Act 1952 (LTA) in two recent decisions: LFDB & Or v SM (High Court, Auckland CIV-2011-404-4245, 15 August 2011) and ASB Bank Limited v SM (High Court, Auckland CIV-2011-404-5239, 30 September 2011). Both cases were decided by Justice Whata and involved the same home, which was at Mays Road, Devonport; the same parties, Mr B and Ms M; and the same bank, the ASB. They are significant to partners or spouses who seek to protect their interests in the family home and to mortgagees who lend money in order to enable the family home to be purchased. 

MMP
Taming the tail of the dog
Anja Borchardt reviews a recent German decision on MMP, and considers its effect in New Zealand

As this article went to print, the official results of the Referendum on the Voting System had just been released, showing that 57.77 per cent of valid votes were cast in favour of retaining Mixed Member Proportional Representation (MMP) as New Zealand’s voting system. The Electoral Commission was expected to announce this week the process and timetable for the review of MMP that is required as a result of the Referendum outcome. The last time New Zealanders were asked to decide over their voting system was in 1993, when an overwhelming majority of New Zealanders voted in favour of a change from First Past the Post (FPP) to MMP.

MEDIATION
An alternative approach to mediation
By Paul Sills, barrister

Justice Winkelmann and Nigel Dunlop have recently exchanged opinions regarding the merits of litigation versus mediation. There is a valid case for both the courts and mediation fitting within the current dispute resolution model. But that is not the main issue. How we as a society approach problems or disputes in order to resolve them is the issue we should be debating. The recent articles highlight an issue that requires a response from outside the current dispute resolution paradigm.