New Zealand Law and Practice Examination cheat sheet

Treaty of Waitangi: two texts (Māori and English) differ; the Māori text grants 'kāwanatanga' (governance) while the English cedes 'sovereignty'. Courts and the Waitangi Tribunal treat the Treaty as a partnership principle affecting statutory interpretation.

Legislation hierarchy: Act of Parliament > regulations/Orders in Council made under delegated authority > bylaws. Delegated legislation is invalid if it exceeds the empowering Act (ultra vires).

Common law doctrine of precedent: High Court decisions bind District Court; Court of Appeal binds High Court; only the Supreme Court may depart from its own prior decisions.

Interpretation Act 1999: legislation applies to acts done after commencement; penal provisions are interpreted in favour of the person charged where ambiguity exists; definitions in an Act apply throughout unless stated otherwise.

Bill of Rights Act 1990: s 4 prevents courts from invalidating inconsistent legislation; s 5 requires justified limits; s 6 directs preference for rights-consistent meanings.

Property and land: Land Transfer Act 2017 provides indefeasible title on registration; exceptions include fraud and in personam claims. Māori land is governed by Te Ture Whenua Māori Act 1993.

Contract: offer, acceptance, consideration, intention to be bound, and capacity are required. The Contract and Commercial Law Act 2017 governs electronic transactions and remedies for misrepresentation.

Criminal law: burden of proof rests on the prosecution beyond reasonable doubt; the defence must raise evidential foundations for defences such as self-defence or insanity.

Privacy Act 2020: 13 information privacy principles; mandatory notification of privacy breaches likely to cause serious harm; Privacy Commissioner may issue compliance notices.

Trust account rules (Lawyers and Conveyancers Act (Lawyers: Trust Account) Regulations 2008): client funds must be deposited to a trust account promptly, receipts issued, and reconciliations performed at least monthly.

Client care: Lawyers and Conveyancers Act 2006 requires a written retainer or terms of engagement, disclosure of fees (including GST and disbursements), and informed consent for conflicts.

Confidentiality versus privilege: legal professional privilege protects confidential communications for the dominant purpose of legal advice or litigation; it survives termination of the retainer.

Conflict of interest: information barriers are insufficient where the lawyer personally acted against a former client; the duty of loyalty continues after the retainer ends.

Anti-money laundering: lawyers are reporting entities under the AML/CFT Act 2009; customer due diligence, beneficial ownership checks, and suspicious activity reports to the FIU are required.

Court hierarchy for filing: District Court (claims up to $350,000), High Court (general jurisdiction), Court of Appeal (appeals by leave), Supreme Court (leave required, matters of public importance).

Limitation periods: usually 6 years for contract and tort claims (Limitation Act 2010), 3 years for personal injury covered by ACC, and specific periods for judicial review.

Costs: costs follow the event; scale costs under the District Court Rules and High Court Rules are calculated by category and band, with increased or indemnity costs for unreasonable conduct.

Professional obligations: Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 require competence, diligence, and independent advice; misconduct may lead to striking off.