29 January 2011

Pimping Proscriptions

The new Auckland Council has announced that it will be supporting a local Bill which proposes to give it the power to prohibit street prostitution in specified places throughout the city.

This is a bad Bill.  It is unnecessary law-making and lazy regulation. 

5 January 2011

Alcohol, driving and the precautionary principle

- RadioNZ: "Joyce still not convinced about lower alcohol limit"

RadioNZ reports that Minister of Transport, Steven Joyce, says "more evidence is needed before the Government will consider lowering the general drink-driving limit".  Others such have David Farrar have echoed the claim that specific evidence is needed that lowering the drink drive limit will have an instrumental effect on the number of road deaths and accidents.


1 January 2011

A Kiwi New Year message - from our de facto Head of State

Sir Anand Satyanand has released his regular New Year message:

- http://www.gg.govt.nz/node/3488

The New Year is a time when we look ahead, and also a time to consider the year that has passed. Any year inevitably has its highs and lows but 2010 is one that New Zealanders will remember for its tragedies and natural disasters, including the deaths of members of the New Zealand Defence Force and, most recently, the terrible loss of 29 miners at the Pike River coal mine.

Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"

This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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