Pg 7 Tauranga End of Year Celebration – some pictures The New Safety and Wellness Committee
Pg 8 Report on the work of the Education Committee
Pg 9 CPD on Demand – Recorded Webinars
Pg 10 New Members
Pg 16 Kōrero – Bar News
Pg 30 Events – the pictures
LEGAL MATTERS
Pg 11 De Facto Relationships – Kesia Denhardt looks at the issues
Pg 17 When Should Barristers Comment Publicly on Cases? – Tiho Mijatov recommends caution
Pg 19 The Rule of Law Misconstrued – Raymond Wacks
PRACTICE AND LIFESTYLE
Pg 21 Imposter Syndrome – How to dial down your inner critic
Pg 23 Book Review – Zest - Climbing from depression to philosophy
Pg 24 Book Review – Chester Porter - Walking on Water
Pg 26 Petrol Heads' Corner – David O'Neill on Volvo XC 60 Plus
Pg 28 Aeroplane Review – Technam P92E
This is our last issue of At the Bar for 2024. Thank you to everyone who contributed over the year, including article writers, our advertisers/sponsors, all those involved in the magazine's production, and most importantly, our readers. Our next issue will be March/April 2025. Our office will close on 20 December 2024 and reopen on 13 January 2025. The New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture wishes everyone a happy holiday season, however they choose to spend it. Ngā mihi o te wā.
The views expressed in the articles in this publication may not necessarily be the views of the New Zealand Bar Association
Copyright acknowledgement: The images in this issue are subject to copyright or use restrictions.
EDITORIAL COMMITTEE CONTACTS
NEW ZEALAND BAR ASSOCIATION
Tel: +64 9 303 4515
Email: nzbar@nzbar.org.nz
Web: www.nzbar.org.nz PO Box 631, Auckland 1140
Lisa Mills (Contributions and advertising)
Tel: +64 9 303 4515
Email: lisa.mills@nzbar.org.nz
DESIGN AND LAYOUT BY Kirsten McLeod
Tel: +64 21 360 399
From the President
Paul David KC*
Many of us are looking forward to the break over Christmas.
I may make some personal observations but don’t worry, I am not going to give you my top tips for a great break or my recommendations for wellness. My family would say that my past and current habits continue to disqualify me from this.
I have only been in the job for a couple of months but in the past year I have been struck many times by the effort given to further the work of the Association by our dedicated staff and by many of our members. This is the time to thank everyone for their work in 2024.
A recent example of the way in which our staff and member volunteers combine was the masterclass on oral submissions in civil proceedings that was held in November. The feedback from those who took part in this class has been very positive. Next March we will hold a Mastering Cross-Examination Workshop. This is an area where the skills are transferable across all our work, where every advocate can learn and develop their skills, so book early!
Our aim will be to continue to provide excellent training for our members in 2025. An ongoing programme that allows members to improve and develop the key skills required by barristers is fundamental to the purpose of our Association. We want our members to be recognised for delivering high quality advocacy efficiently before the courts and ongoing training is an important part of achieving this.
Returning to the upcoming break, first we should all acknowledge and thank those members who cannot take much time off at all because they are required if the justice system is to continue to function over the holiday period.
I confess that I have always found stopping thinking about work hard. But over the course of about forty years, I have come to appreciate the importance of the coming break because it allows at the very least for a change of gear. The first often difficult step is to get used to being on holiday; but after that you can do what you, your family and friends want to do. After this you can begin to re-set for the next year!
For those who find stopping hard, the break is a good time to read more widely – you can start with law if you like and even write something for fun!
Recently when I was thinking about the role of our Association and of barristers before the courts, I was reading a book given to me by an old friend who is originally from South Africa. It is called The Mandela Brief and recounts the involvement of the barrister Sidney Kentridge in trials in South Africa in the time of apartheid. I will not say any more than if you want to continue to think about our work in some form, I recommend reading this book over the break. And if you want to read a little further afield on our shared flaws in decision-making, perhaps try Noise; a flaw in Human Judgment by Kahneman Sibony and Sunstein.
I am looking forward to meeting many of you at our end of your functions. Last week I attended an enjoyable evening with the Hamilton bar at Riverbank Chambers; later this week I will be on a road trip to attend evenings in Dunedin, Tauranga and Auckland.
I look forward to working with and for you all in 2025.
Have a great time with family and friends!
Ngā mihi nui,
Paul David KC President
Some photos from the Tauranga end of year celebration can be found on page 6.
Savanna Gaskell, Sarah Saunderson-Warner and Trevor Shiels KC at the Dunedin end-of-year drinks.
2024 in Retrospect Jacqui Thompson*
This year (like every year) has had its challenges, including for some of us, health challenges. It brought home how much of a team attitude we have at the Bar Association. The team encompasses the members –many of whom reach out to help and support colleagues – the Bar Council, our committee members, and the presidents, Maria Dew KC and Paul David KC, and our stake holders/suppliers. A huge thank you also goes to the Secretariat, Lisa Mills, Dianne Tietjens, and Rufina Pollett, for their hard work and kindness to all.
When creating our 2024/2025 budget, we decided to expand our activities and commit to significant capital expenditure to grow the support for our members. Growth results in more work, and we have certainly found that to be true. It is impossible to list everything the Association has been involved with. However, some of this year's key activities are set out below.
The King’s Counsel Appointment round: the KC round was notified in February, and the appointments were announced in late June. At the time, the Bar Association welcomed the Attorney-General’s announcement of 19 new Silks, noting that we had fallen behind because there were no appointments in 2023.
We held dinners to celebrate the new Silks. Sadly, Douglas Ewen KC passed away shortly after his call ceremony. The Bar recognised his passing by standing in respect at the Wellington call ceremony.
Advocacy and Law Reform: our committees have again been active in advocacy for members and have submitted on several bills and reports. In addition, we have held one-on-one meetings with Ministers and the Legal Aid Commissioner to identify some immediate areas for improvement. We note, in particular, the recent announcements on approvals for juniors in PAL 3 to PAL 4 cases.
Once again, we have been involved in interventions, although not as many as have been suggested to us. We are cautious to ensure that we get involved only where we consider that our members have a significant interest. In the three cases we dealt with this year, there were direct impacts on members and the rule of law or access to justice issues at play. We are also happy to work with other organisations on these matters and have shared Counsel with both the Law Society and the Law Association.
Prisoners’ Rights Initiative: this year we launched, in conjunction with the Criminal Bar Association, an initiative to connect public lawyers and criminal lawyers, to help with cases where prisoners’ rights
might be in play. The first meeting was in Wellington. There was considerable support, and the two organisations have agreed to canvas other areas of the country in 2025. We thank the late Douglas Ewen KC, who first promoted this idea.
Gender Report: Early in 2025 we will launch our third report on gender of counsel appearing in our senior courts. The Diversity and Inclusion Committee undertook this significant mahi under the supervision of Nura Taefi KC and Kelly Quinn KC. The Bar Council and we thank them for their work.
Access to Justice Award 2024: together with our sponsor and partner, LexisNexis, the Bar Association held the third Access to Justice Award. The award is open to all New Zealand barristers sole, barristers and solicitors, academics, and law students. It is intended to recognise a New Zealander (or qualifying New Zealand resident) who has made an outstanding contribution to the promotion of access to justice (i.e., to improving fair and equal access to justice for individuals and communities). The 2024 winner was the remarkable Annette Sykes. It was a great privilege to be able to honour her extensive work in this area over many years. For more information about Annette, check out our October issue of At the Bar
Safety and Wellbeing Committee
In February 2024, our immediate Past President, Maria Dew KC, spoke with Radio New Zealand about the increasing security risks for counsel and three serious incidents in courts across Aotearoa New Zealand in less than 12 months. The Bar Association called for more to be done to protect lawyers and judges, including urgent consultation about improvements to security, and for lawyers to be consulted on measures for high-risk cases. At our November Council meeting, the Bar Council, concerned about the lack of progress around security and wellness, formed a new standing committee with a mandate to consider and implement initiatives in this area. More information about this committee appears on page 7 of this issue.
Mastering Advocacy
Apart from a full webinar programme (most of which are free for members), we held two advocacy Masterclasses. The Oral Submissions Masterclasses focussed on appellate advocacy in the criminal and civil jurisdictions. They were exceptionally well received. The article on page 8 of this issue contains feedback from those who attended. Next year, we will be running our Mastering Cross-Examination Workshop in March.
If you are an experienced litigator, this course will help you hone your skills and reflect on how you can improve.
2025
Next year we will have a very busy year, with several projects on the go. We have extra help in the Secretariat to support these. We welcome Alice Forman as our Marketing and Projects Manager. Those of you who attended the Auckland End of Year Drinks may have met her and there will be opportunities for others to do so in the near future.
We are gearing up our Education Programme for some different approaches to learning. Training for barristers is about more than CPD. Our Education Committee, led by Chris Gudsell KC, Rachael Reed KC and Nikki Pender, is a hard-working body that wants to ensure barristers have the skills that they need.
Our Conference will be held in Auckland on 5 and 6 September 2025. Block the dates out in your calendar now! And of course, we are hoping there will be another Silks round with the accompanying celebrations.
And Finally
It is not always possible for all of us to go on holiday during the festive season, particularly those working in criminal, youth, and family law. But we hope you all get some rest and distraction from work.
Kia pai ngā hararei. Kia haumaru te noho, e hoa mā.
Happy Holidays. Stay safe, friends.
Tauranga End of Year Celebration
*Jacqui Thompson is the Executive Director of the Bar Association.
The New Safety and Wellness Committee
The Council of the New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture recently split our Membership and Wellbeing Committee by establishing a standing committee for Safety and Wellness. This article explains why the Bar Council created this committee.
Chaired by NZBA Council Member, Sarah Jerebine (Bankside Chambers), the Safety and Wellness Committee explores and promotes initiatives designed to promote the wellness and safety of our barristers inside and outside the courtroom. This includes hearing from our barristers, gathering information, establishing and promoting safety and wellness strategies, organising webinars, training, and online resources, and speaking to stakeholders to pursue and promote systemic change.
The current focus of the Committee is to understand and address:
1.bullying, aggressive and threatening behaviour experienced in the workplace, including in the courtroom, and including by others in the profession and by clients;
2. burnout and taking care of wairua (spirit and soul); and
3.courtroom safety.
The Bar Council created the committee because the evidence showed greater risks to barristers in their practices. By having the committee focus on the key wellbeing and safety drivers, the Bar Association will be better placed to respond.
Practising Well – the challenge
Several recent reports have highlighted the challenges faced by legal professionals, including barristers, in maintaining their mental health and overall wellbeing. A 2023 Law Society1 survey found that of the lawyers surveyed:
• 57% find their job very stressful, with higher stress levels among barristers in chambers (68%) and barristers sole (67%). Those in criminal law (69%), family law (69%), and civil litigation (59%) report higher stress compared to other lawyers.
• 39% feel they are working under unrealistic time pressures. Again, this is higher in criminal (50%) and family (46%) law.
REFERENCES
• Only 52% of barristers sole feel that their stress is appropriately managed, with criminal and family lawyers reporting lower rates.
Barristers work in an environment of high stress, which is often compounded by the pressure to perform and the adversarial nature of legal work. Younger barristers and those in the early stages of their careers can be more vulnerable to these impacts.
The report shows a high level of stress among barristers but also a high level of job satisfaction. However, there remains concern about the figures relating to the management of stress and the reporting and management of harassment and bullying.
The Safety and Wellness Committee will proactively educate members about the root causes of these problems and highlight the tools needed to manage lawyer wellbeing better.
Safety Issues
In recent times, there have been several physical attacks on, and threats made to, lawyers. Organisations such as the Bar Association are committed to advocating for greater safety for its members when carrying out their duties. All indications are that threats and physical violence from clients or opposing parties (or their families) are increasing, and our members have reported feeling vulnerable and unsafe within and around court buildings.
Put simply, the security measures in some court buildings may not be sufficient to prevent violent incidents. Some problems include inadequate security screening processes, limited security personnel, emergency response times, lack of cameras in lifts, and inherent safety risks in the court premises design such as frosted windows on the interview rooms. The new committee would like to work with all stakeholders to improve safety protocols and support systems to protect legal professionals in their workplace.
1New Zealand Law Society, 2023 Workplace Environment Survey (Workplace-Environment-Survey-2023/Legal-Workplace-Environment-Survey-FINALReport-17.10.2023.pdf) accessed December 2024.
Report on the work of the Education Committee
Kim Davies*
The primary objective of the Education Committee is to enhance the professional development of our members through a diverse range of courses and training programs. The Committee helps to equip barristers with the latest legal knowledge, advocacy skills, and best practices.
The committee has three co-chairs: Chris Gudsell KC, Rachael Reed KC, and Nikki Pender, which reflects the volume of work that is undertaken. In addition, there are nine members including: Shane Elliott, Stephanie Grieve KC, Michael Lennard, Stephanie Marsden, Richard McGuire, Kate Mills, Phil Shamy KC, Sarah Wroe, Daisy Williams, and Garry Williams KC.
Syllabus Review
The Committee has recently completed a review of the education syllabus, which addresses core advocacy skills. The programme consists of eight learning modules including:
1. Practice Management, professional Issues and ethics
2. Commencing proceedings
3. Pre-trial/hearing matters
4. Evidence
5. Submissions
6. Handling difficulties at trial/ Traps for new players
7. Appeals
8. Alternative forums and dispute resolution
Online Training
This year, twelve webinars were held, all of which were free for all members. They covered a range of topics, from AI for Barristers to Criminal Disclosure, and from Understanding the Role of the Prosecutor to Bridging the Gap between Written and Oral Submissions. All the webinars are recorded and can be accessed for free any time by members via the NZBA website - just go to On Demand CPD
Practical skills training
The Bar Association runs a practical skills programme called the Mastering Advocacy Programme. It includes a series of workshops and masterclasses which focus on providing those who attend with a safe and collegial environment in which they can practice and hone their advocacy skills.
This year, two one-day masterclasses were conducted in Auckland on criminal oral appellate submissions (June 2024) and civil oral appellate submissions (November 2024). The masterclasses were very well reviewed by both participants and attendees:
"It was encouraging to see how much the participants benefited from the coaching they received from experienced practitioners after their first ‘appearances’. The second
presentations were excellent. It was also pleasing to hear from those who attended as observers how much they had learned during the day, assisted by having read the case materials prior to the masterclass." (Faculty member)
“If you ever have the chance to get involved in an NZBA advocacy masterclass, I can't recommend it enough. "The quality of NZBA's training and support of the bar is consistently excellent." (Participant)
“This was an outstanding opportunity. The materials, structure and coaching all contributed to one of the most worthwhile training opportunities of my career. If you are passionate about advocacy, I would highly recommend taking the opportunity to participate in a NZBA masterclass." (Participant)
Thank you
The Committee thanks the judges, counsel, and everyone who contribute to the education programme. These people voluntarily offer their expertise and time, and ensure that we deliver high quality training.
We also thank the committee members and event chairs, who work with us to make these events happen.
If you are interested in becoming involved in our Education Committee’s work, please contact us
Register!
The training programme for 2025 is in progress. Look out for a workshop early next year, and of course the ongoing webinar programme.
We encourage everyone to sign up and make the most of these fantastic opportunities to boost your professional skills!
*Kim Davies is a legal contractor with extensive experience working as a lawyer for the Health Practitioners Disciplinary Tribunal.
Participant Rhonda Powell presents her oral submission.
CPD On Demand: Recorded Webinars
Sophie Lindsay*
We’ve had another full calendar year with excellent speakers across New Zealand and Australia, and insightful webinars covering a wide range of pertinent topics from fine-tuning expert evidence to AI for barristers. Recordings of our webinars are available to download - free to membersthrough our on-demand platform. Links to each are provided below.
Social media for barristers (1 hour)
“Great presentation with excellent presenters, practical topic and some tips for even an experienced LinkedIn user.”
Michael Heron KC (Chair) and presenters Jane Needham SC and Sophie Lindsay provide key insights into how you can use social media to your best advantage. Watch here
Life cycle of an ERA application from lodgement to determination (1.5 hours)
In this practical session, Chair and employment law specialist Geoff Davenport, speaks with Employment Relation Authority members Marija Urlich and David Beck about lodging ERA applications. Watch here
AI for barristers (1.5 hours)
Dr James Every-Palmer KC, Greg Dickason and Felix Geiringer clarify the concept of AI, and how it can (and cannot) be used by barristers to assist in your practice. They discuss what AI is and how it works, what LexisNexis are doing to make it reliable, the
shortcomings of AI for legal research, how to make use of AI while avoiding the pitfalls, and some AI tools available to lawyers. Click to access
Disciplinary complaints – how to act and respond (1.5 hours)
Presenters Sara Cameron and Chris Morris of CM Associates, alongside Chair, Garry Williams KC, of Richmond Chambers, discuss what you can do in the event of receiving a professional complaint against you or a practitioner you represent. Watch here.
Criminal disclosure – how to get it right (1.5 hours)
“This was the best seminar I have been to in a long time and I really want to ensure all of our kaimahi are across disclosure issues that arise in applications to the CCRC.”
James Rapley KC (Chair) and panellists Robin McCoubrey, Phil Shamy KC and Christopher Stevenson KC consider the challenges of criminal disclosure and the best ways to navigate this aspect of your trial. Click to access
How to question witnesses facing barriers to giving evidence (1 hour)
Chair Kerryn Beaton KC and panellists Coroner Ruth Thomas, Anne Toohey KC and Kingi Snelgar shared their experience and knowledge of effective ways to gather evidence from witnesses who experience barriers or challenges in giving evidence. This webinar sold out. Access it here
Commercial mediation – learn from the best –observations from Geoff Sharp, international mediator (1 hour)
“That was terrific. [The presenter] was fantastic.” Rachel Burt interviews one of New Zealand’s leading commercial and international mediators, Geoff Sharp, about the untapped potential of mediation and how barristers might extend and adapt their skills for the forum. Watch here
Judicial directions to a jury – including the new ‘misconceptions’ directions (1.5 hours)
Chair Katie Hogan and panellists Nicolette Levy KC, Sam Wimsett KC, and Rob Stevens offer valuable insights and guidance on effectively navigating the ‘judicial directions’ stage of a criminal trial. An excellent refresher on all judicial directions for criminal trial lawyers at all levels. Watch here.
Understanding the role of the prosecutor (1.5 hours)
Iswari Jayanandan (Chair) and panellists Richard Marchant and Charlotte Brook provide important background and tips around the role of the prosecutor. Topics considered include how one decides when to prosecute, what the focus should be, when do you defer to the instructing party, and more. This recorded webinar is designed for both prosecution and defence counsel. Click to access
Fine-tuning expert evidence – recent trends and developments (1.5 hours)
Hon. Justice Cooke, Stephen Hunter KC, and Stephanie Grieve KC (Chair), cover key topics in this webinar on how to select the right expert and how to prepare for cross-examination. You’ll gain greater confidence and understanding in using expert witnesses to advance your client’s case. Click to access
Navigating cases in different jurisdictions (1.5 hours)
Presented by Jack Wass and chaired by Mike Lennard, this webinar explores how New Zealand courts deal with disputes that have a cross-border dimension (private international law or conflict of laws) and uses a hypothetical case study and recent case law to discuss: jurisdiction and what court a dispute will be heard in, what law will apply, and how the court deals with domestic statutes in a cross-border context, and when foreign judgments will be enforceable in New Zealand. Click to access
Advocacy in the RMA jurisdiction (1.5 hours)
Her Honour Judge Prudence Steven KC from the Environment Court, and barristers Sarah Shaw (RMA Hearings Commissioner), Martin Williams, and Bronwyn Carruthers KC (Chair), outline some key facets of the Resource Management Act and the best way to advocate in this jurisdiction. This presentation is particularly useful to practitioners who are establishing their practice or interested in establishing a practice in this specialised jurisdiction. Watch here.
Pleadings matter (CPD 1.5 hrs)
Expert panellists Sarah Armstrong KC, Charlotte Griffin, Brent O'Callahan, and Chair Stephen Mills KC discuss how effective pleadings serve as your first opportunity to persuade and influence the fact-finder's perception of your client’s situation. An excellent training for all barristers, regardless of experience. Access the recording here.
New Members
Fiona Newton
Charlotte Brook
James Dalton AUCKLAND
Dr Joanna Edwards
Olivia Jarvis
Jessica Kirton-Luxford
Emily Lay
Kate Mills
AUCKLAND
CANTERBURY
WELLINGTON
WELLINGTON
AUCKLAND
Sarah Moon NELSON
Richard Peters
Krishneel (Krish) Prasad AUCKLAND
Nazmeen Rasheed
Helen Smith
AUCKLAND
CANTERBURY
David Sutton TARANAKI
Michael Timmins AUCKLAND
Monique Williamson AUCKLAND
Qinhao Zhu AUCKLAND
Piers Blomfield
De Facto Relationships: Short
of three years; short of options?
Kesia Denhardt*
It is well known that some of our key family law statutes provide for a cascading priority as to the nature and length of a relationship. It is for precisely this reason that family lawyers are often confronted with disputes as to when a relationship commenced or concluded, as this may lead to a real and appreciable difference in result for a client.
Marriages and civil unions are treated differently to de facto relationships, and relationships of three years or more are dealt with differently to those of shorter duration. Some have questioned the ‘magic’ in the three-year mark, but for the purposes of this article this is neither here nor there – the line must be drawn somewhere.
This article examines the impact when a relationship that is de facto in nature, and is less than three years in length, come together. Specifically, when it comes to the issues of property division, spousal maintenance and family violence.
Property (Relationships) Act 1976
It is well understood that a relationship that has endured for less than three years is one of ‘short duration’ under the Property (Relationships) Act (“the PRA”).1
Whether a relationship qualifies as a ‘de facto relationship’ under the PRA is determined in accordance with its definition. This includes whether two persons ‘live together as a couple’ where all circumstances of the relationship are to be taken into account, such as
those comprising the (non-exhaustive) list that are relevant in a particular case.2
Whereas marriages are captured by the Act regardless (but involve a modified approach to division where they are of short duration),3 when it comes to shortduration de-facto relationships, property cannot be divided under the PRA unless the Court is satisfied that that there is a child of the relationship or that the applicant has made substantial contributions to the relationship, and that the failure to make an order would result in serious injustice.4 A two-stage test is therefore applied.
While the term ‘contribution’ is defined under the Act,5 ‘substantial contribution’ is not. As one would expect, the way the contributions-based analysis under this provision works has been the subject of deliberation and debate. In the case of Lawson v Perkins, 6 Asher J stated:7
“References to variances from a supposed ‘norm’ of contributions are not of particular assistance. Indeed, it is difficult to postulate a supposed norm of contributions, or indeed a ‘norm’ of a de facto relationship. What is helpful is the focus, seen in
most of the decisions on substantial contributions, on the natural meaning of the word ‘substantial’. Substantial is defined in the New Zealand Oxford Dictionary as of ‘real importance or value’. There is no need to refine the meaning of ‘substantial’ further. It has a clear meaning and can be properly applied without refinement.”
Likewise, the term ‘serious injustice’ in this context is not defined, leaving expansive room for legal argument. Notably, in the case of R v F, 8 the Court rejected the argument that the applicant’s ability to resort to civil remedies meant no injustice would occur if orders were not made under the PRA.
Ultimately, where both limbs of the test are met, the share of each partner in the relationship property is to be determined in accordance with the contribution of each partner to the de facto relationship9 (not the property). In the case of S v W10 Justice Chisholm held that the determination of contributions required a two-step process: identifying and removing from the assessment of contributions property found to be separate property, and then determining overall contributions to the relationship combining nonmonetary and financial contributions. There is to be a ‘balancing test’ between the contributions made by each party and the benefits each received from the relationship.11
Importantly, the relevant provision provides that:
(a) Its engagement does not prevent a Court from making a declaration or order under section 25(3) of the PRA, even though the de facto partners have lived in a de facto relationship for less than three years;
(b) It is subject to sections 15 to 17A of the PRA. The corollary of this, in respect of the latter, is that an economic disparity claim can be launched in de facto relationships of short duration.12
Family Proceedings Act 1980
Under the Family Proceedings Act ("FPA"), the starting position is that if a de facto relationship – which is given the same meaning as under the PRA13 – has lasted less than three years, the Court has no power to order maintenance. That is the case whether (or not) the grounds for making an order are (otherwise) met.
However, akin to the PRA, there is an exception to this where (precisely) the same additional criteria are satisfied.14
It is important to note that the relevant provision requires that ‘serious injustice’ would result for the de facto partner, not the child(ren) of the relationship. In the case of JMP v CAM 15, the Court summarised the factors it relied upon to establish this high threshold as follows:
(a) The age of the (young and dependant) children;
(b) That there was no relationship property to be divided. The respondent came from privileged circumstances and there was a complete contrast in the parties’ situations;
(c) That during the short time they were in a relationship, there was a role division between them and an expectation the applicant would look after their child;
(d) Following separation there was an acceptance by the respondent to provide support and he did so;
(e) The respondent was criticised for inappropriately linking care arrangements to spousal maintenance while under cross-examination;
(f) The applicant was engaged in a course of study;
(g) The comparative financial positions of the parties.
The Court considered the earlier family court case of X v Y 16, in which there was a mother caring for one child. There, it was held that there was no liability for final maintenance in de facto relationships of short duration, notwithstanding that there was a child of the relationship. However, the Court distinguished that case on various facts, including that the responsibility of caring for two children (and not one) was necessarily greater, and that in X v Y the applicant was not upskilling nor requiring further education, there was no reason why she could not return to the field of work in which she was previously involved, and that she had demonstrated that she was able to undertake paid work irrespective of her childcare duties.
The approach taken by Brewer J in the subsequent case of RMA v JB, 17 involving a de facto relationship of short duration in the context of interim maintenance, should be noted. There, it was held that interim maintenance could be awarded before the determination of the (then unresolved) issue of whether the serious injustice test was met. That was on the basis that the jurisdiction to award interim maintenance18 is different to that of maintenance.19
Needless to say, section 182 FPA is available only to those who were married (and that marriage has been dissolved).
Family Violence Act 2018
Perhaps obviously, a person can access the remedies available under the Family Violence Act 2018 ("FVA") where they have been in a de facto relationship with the perpetrator, regardless of the duration of same.
Working backwards, the FVA provides that a person may apply for a protection order, or a police safety order may be issued, against another person with whom they are or have been in a ‘family relationship.’20 This is broadly defined as being a spouse or partner, family member, those who ‘ordinarily share a household’ or who have a ‘close personal relationship.’21 ‘Partner’ is (again broadly) defined to include a ‘de facto partner’,22 which is not itself defined.
The FVA then enables any person who makes an application for a protection order to also apply for an occupation or tenancy order at any time.23
Of course, this is entirely in keeping with the purpose and principles of the Act, including that all victims of family violence should have access to services to help secure their safety from family violence, and that perpetrators should face effective responses to, and sanctions for, family violence.24
Other relief?
It does not necessarily follow that if the above provisions work against a client’s objectives in relation to their property and finances at the end of a short duration de facto relationship, all is lost. There may be other redress available in their circumstances, for example, by way of constructive trust, promissory estoppel, or otherwise.
REFERENCES
The obvious point – that any outcome is possible by negotiated settlement – is also worthy of mention. Even if a client’s situation appears to fall outside statutory requirements, leaving them excluded from the scope of the Act under which they seek recourse, there is nothing preventing the parties from agreeing upon an (out of Court) resolution which efficiently and equitably takes into account the unique circumstances of their relationship.
*This article was written by Kesia Denhardt, a barrister at Kate Sheppard Chambers and a family law specialist. Kesia has practised family law exclusively since 2009, handling all types of family law matters, with a particular interest in complex parenting and protection matters, relationship property and financial issues arising out of a separation, and reproductive law (adoption, surrogacy and embryo donation). See kesiadenhardt.co.nz for more information.
1 Section 2E. It is noted that as set out therein, a relationship of short duration may also include one which has lasted for a period of 3 years or longer where, having regard to all the circumstances of the relationship, the Court considers it just to treat the relationship as one of short duration.
2 Section 2D. This section makes clear that (unlike marriages and civil unions) de facto relationships come to an end when the de facto partner cease living together as a couple.
3 Section 14 (mirrored by section 14AA in respect of civil unions).
4 Section 14A(2), noting that the term ‘child of the de facto relationship’ is (widely) defined under section 2 – which will mean that some short duration de facto relationships meet the first stage of the test that would not have otherwise. It should be noted that in the case of ‘on/off relationships’, each time the de facto partners resume living together as a couple is treated as a new de facto relationship – creating a series of discrete short duration relationships – each to which this assessment will need to be separately undertaken. In this regard, see Bourneville v Bourneville [2008] NZCA 520, [2009] NZFLR 520 at [20] and [21], and DSA v JRT [2012] NZFC 7836 at [25] – [27] and BRL V NAR FC Christchurch FAM-2008-009-1355, 17 November 2011.
5 Section 2.
6 (2007) 26 FRNZ 946, [2008] NZFLR 401 (HC).
7 At [70]. Also see Schmidt v Jawad (2003) 23 FRNZ 101, [2003] NZFLR 1050 (FC) and LS v ZJ [2005] NZFLR 932 (FC), both of which Asher J considered, and the later decision of Justice Wild in Lynskey v Donovan HC Blenheim CIV-2006-406-293, 2 November 2010.
8 FC Rotorua FAM-2006-069-80, 4 August 2009.
9 Section 14A(3).
10 (2006) 25 FRNZ 49, [2006] 2 NZLR 669 (HC).
11 Schmidt v Jawad (2003) 23 FRNZ 101, [2003] NZFLR 1050 (FC) at [40]. See, for example, Miramontes v Brennan [2017] NZFC 4298 in which Judge Moss found that a 90% division in favour of the female partner was justified following a relationship of two years and four months, and Payne v Bradley [2017] NZFC 3207 in which Judge Partridge ordered a 95% division in favour of the male partner after a relationship of ten months. Also see Bradford v Te Hei [2021] NZHC 3485.
12 See JJA (aka SA-B) v BLD FC North Shore FAM-2008-044-833, 13 May 2011 in respect of section 15A (where that provision was engaged despite the Court’s determination that there was no serious injustice and so it could not make orders under the PRA.
13 Section 60.
14 Section 70B. It is noted that at section 2, ‘contribution’ is given the same meaning as it has under the PRA and ‘child of the de facto relationship’ is also ascribed a similar meaning.
15 [2012] NZFC 7253. It is noted that whilst this case was later appealed to the High Court (CAM v JMP [2013] NZHC 592) the findings as to section 70B were not seriously challenged.
16 FC North Shore FAM-2005-044-1670, 2 October 2008.
17 [2013] NZHC 2984; [2014] NZFLR 169.
18 Under section 182.
19 Final maintenance – past or future – under section 70.
20 Sections 60 and 20 (respectively).
21 Sections 8 and 12. In respect of the latter two categories, be mindful of sections 3 and 14.
22 Section 8.
23 Sections 115 and 121. That person can then also apply for an ancillary furniture order or furniture order under sections 127 and 133 (respectively).
24 Section 4(j) and (h).
Embracing AI Technology in Legal Practice: A New Zealand Barrister’s Guide
The legal sector in New Zealand, like many other industries, is experiencing rapid technological change. One key development is the rise of generative AI, which has the potential to significantly enhance the way barristers work by improving efficiency and productivity. This advanced AI technology, especially in language processing, allows barristers to manage and execute their tasks with greater ease. Rather than replacing human expertise, AI acts as a powerful tool that supports legal professionals in their daily practice.
In this guide, we’ll explore the key benefits of integrating generative AI into legal practice, as well as important considerations barristers should keep in mind. While the potential benefits of AI are clear, it’s essential to approach this innovation thoughtfully and strategically.
The Role of AI in Legal Practice
AI has become a significant force in the legal world, especially in areas where language is central, such as case analysis and document drafting. Some barristers may be sceptical about the hype surrounding AI, but its relevance is undeniable. The legal profession has seen various tech advancements in recent years, and generative AI is the latest wave of innovation poised to make a meaningful impact.
Why Use Specialised Legal AI Models Over Generic AI?
While popular AI tools like ChatGPT or CoPilot are useful in general applications, they often fall short when it comes to legal-specific tasks. Generic
AI models lack the legal training and safeguards necessary for the accuracy required in legal settings.
The practice of law requires a deep understanding of nuanced language and complex reasoning, both of which are areas where legally trained AI models excel. These models, tailored to legal use, are specifically designed to handle the unique challenges of the profession. For example, Lexis+ AI™ only pulls information from trusted legal sources, offering more reliable results than general models, which rely on broader internet data that may be outdated or incomplete.
Key Considerations for Using AI in Legal Work
Integrating generative AI into legal practice can save barristers considerable time, but it’s important to recognise that AI will not—and should not—replace the expertise and judgement of a seasoned barrister. Clients expect their cases to reflect a barrister’s independent skill and knowledge, and AI should be used as a tool to supplement, not replace, legal expertise.
When using AI tools, the final work product must be:
•Based on independent legal judgement
•Reviewed and edited as necessary
Supported by thorough research and expertise
Moreover, understanding the limitations of AI is crucial. As AI becomes more common in legal work, regulatory bodies in New Zealand may introduce guidelines to ensure its ethical use, similar to those already in place in other jurisdictions like Australia.
How to Maximise AI’s Potential: Effective Prompting
For barristers looking to make the most of generative AI, learning how to craft effective prompts is essential. Prompt engineering is key to getting accurate and useful responses from AI systems.
Here are three important factors to consider when writing prompts for legal AI:
Clarity: Ensure your prompts are straightforward and specific. Define the exact output you’re looking for, such as a legal document or case summary.
Context: Provide relevant case-specific details, including jurisdiction and key legal terms, to help the AI generate the most accurate and relevant content.
Refinement: AI responses may need to be refined over time. Be prepared to follow up with more specific prompts or adjust your queries to improve the AI’s output.
How can barristers start to take advantage of these technologies?
Generative AI can be a game-changer for barristers in many areas of their work:
Trial preparation: Save time by using AI to quickly analyse large volumes of case law and generate useful summaries.
Legal research: Stay ahead of the competition by ensuring no important cases are missed during your research.
Opposing arguments: AI can swiftly summarise your opponent’s submissions, giving you more time to develop a strategic response.
Final Thoughts
The integration of generative AI into New Zealand’s legal sector marks a significant advancement. By adopting legal tech tools like Lexis+ and shortly Lexis+ AI, barristers can improve their efficiency, enhance the quality of their legal research, and gain a competitive edge. However, it’s essential to remember that AI is just one tool in a barrister’s toolkit.
AI-generated responses should always be carefully reviewed, verified, and supplemented with traditional legal methods to ensure accuracy and completeness.
Embracing AI responsibly and thoughtfully will help New Zealand barristers stay ahead in an evolving legal landscape.
EARLY ADOPTER SPECIAL
Sign up before 31 December to enjoy our bundle savings on our NZBA Intelligence Toolkit. Get in touch with Ana Cathcart to find out more information. Email ana.cathcart@lexisnexis.co.nz
Coming Soon Lexis+ AI™ in New Zealand
Lexis+ AI, will be available in 2025 for New Zealand, it provides barristers with a highly reliable tool that functions like an informed colleague. With access to an extensive range of legal content from LexisNexis, it offers valuable support for routine legal tasks, helping barristers streamline their workflow.
Key features of Lexis+ AI include:
• Conversational search for faster legal research
• First-draft generation for emails, letters, and legal clauses
• Case summarisation at the click of a button
• Secure document analysis with linked legal citations
How can Lexis+ AI empower you? Trial preparation – this is often a timeconsuming and technical task requiring the analysis and synthesisation of copious amounts of content. Lexis+ AI can save you time by finding relevant cases and providing summaries of relevant judgments, giving you a springboard to determining your strategy.
Catching cases - Lexis + AI can support your research and ensure that you’re ahead of the curve by making sure you don’t miss a case or uncover cases that your opponent hasn’t identified.
Reviewing opposing arguments –uploading your opponent’s submissions will allow you to have a summary of their approach at your fingertips in moments. This gives you back time to dedicate to how you will tackle their arguments from a strategic point of view.
Kōrero: Bar News
Bankside Chambers
On 20 September 2024, environment and resource management law
Janette Campbell was announced as Chair of an Expert Advisory Group set up by the Government, tasked with leading one of the most significant public projects in a generation – a reform of New Zealand’s resource management system. “I am honoured to be part of this outstanding group of experts, in what will be one of the most significant Government projects in a Read more.
Bankside Barrister and former New Zealand Law Society President, , spoke with the New Zealand Women's Law Journal about the recent results of the Legal Workplace Environment Survey, sharing her insights on how the Law Society can better support Pasifika lawyers, and particularly women.
Rowan Butler Sam Jeffs achieved another positive outcome for boutique trading firm, Haast Energy Trading. Following their successful High Court appeal in February, the Electricity Authority took a surprising and novel approach, expressly announcing that it would not be appealing the High Court judgment and that it instead considered the High Court judgment itself to have given rise to an Undesirable Trading Situation (UTS). Read more.
Bankside Singapore had the honour of introducing David Grief to the New Zealand litigation community in an event hosted at Bankside Chambers, on 17 October 2024. In a Q&A with Polly Pope, David reflected on his fascinating 53-year career as a mentor, adviser and connector of barristers, including 38 years as Senior Clerk at London’s Essex Court Chambers and his current consultancy in Singapore. Bankside Singapore is the first and only group of New Zealand barristers, mediators and arbitrators committed to a permanent presence in Singapore. See photos from the evening
Sangro Chambers
Sam Lowery Josh Suyker (instructed by Lindsay, Francis & Mangan) recently obtained a strikeout judgment based on an unusual abuse of
CNP Holdings Ltd v Central Park Property involving the failed Nido megastore in Henderson,
Company Law expert John Land spoke about his upcoming PhD thesis titled “The Validity of New Zealand Corporate Transactions Undertaken Contrary to the Interests of the Company” and his suggestions of proposed reform to New Zealand Company Law. Read the interview.
Michael Timmins has recently become a new member of Sangro Chambers. Michael began his legal career in Auckland law firms in 2000, before heading overseas to work in the field of international human rights law. He worked with the United Nations, non-governmental organisations and in academia, in locations including Cairo, Bangkok, Peshawar and Washington DC. In 2019, and back in New Zealand, Michael was appointed the Director of Human Rights Proceedings, a role which he leaves to now commence his practice at the Bar.
Don't forget to let us know about your latest achievements or career moves, from moving Chambers through to writing a book.
And on that note, check out p23 and Mike Heron KC's review of Zest by Daniel Kalderimis KC (Thondon Chambers).
Please email your contributions to us.
When Should Barristers Comment Publicly on Cases?
Tiho Mijatov*
Barristers are sometimes asked to make media comment about Court cases. Deciding to make a public comment can raise ethical issues. The decision in each case will be for the individual barrister’s judgement, but the NZBA offers the following advice about what considerations should be taken into account before media comment is made. This is not legal advice but is a list of general pointers and resources for barristers.
Comment on cases generally
Freedom to express your comments publicly is an important right held by members of the public including barristers. As Lord Atkin has said:
“ ... no wrong is committed by any member of the public who exercises the ordinary right of criticising, in good faith, in private or public, the public act done in the seat of justice. ... Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men [and women]”.
However, free expression must be balanced against additional considerations arising from a barrister’s special position – including duties to clients and an overriding duty to the court. Before making public comment a barrister should turn his or her mind to the following ethical issues:
a. Independence: a barrister must be independent and free from compromising influences or loyalties when providing services to clients (r 5, and see r 13.5). Consideration should be given to whether the barrister’s public comments may hamper the barrister’s ability to remain independent in his or her legal work. For example, repeated public comment on selected issues or certain categories of person may undermine the perception of a barrister’s independence.
b. Avoiding gratuitous self-publicity or touting for business: in making public comment a barrister should be mindful of the rules about advertising and solicitation of work. Direct solicitation of work is prohibited in certain situations (r 11.2). A barrister should consider whether the intended public comment falls foul of these rules.
c. Client’s best interests: a barrister is required to protect and promote the interests of the client to the exclusion of the interests of third parties (r 6) and has a duty to act in the best interests of the client without regard for the barrister’s personal interests (r 13). A barrister should therefore consider why they wish to make public comment and must
ensure any intended public comments will not hurt the interests of any of the barrister’s clients.
d. Duties as officer of court: a barrister must not act in a way that undermines the processes of the court or the dignity of the judiciary (r 13.2). Public comment by a barrister may promote court processes and respect for the rule of law by educating the public about the workings of the legal system or correcting misunderstandings reported in the media about a case. At the same time a barrister should also consider whether any intended public comment risks breaching his or her overriding duty to the court whether by its tone or substance.
A barrister who intends to make public comment should also bear in mind that he or she may be exposed to personal liability, including for defamation or contempt of court. Professional indemnity insurance policies may often not extend to cover for such liability.
Barristers commenting publicly on their own cases
Additional considerations apply:
1. The stage the proceeding has reached is relevant. Restrained comment if any will be appropriate where the matter is “sub judice” (under judicial consideration).
2. The nature and type of proceeding must be considered. Particular care is needed to preserve a defendant’s fair trial rights in criminal proceedings. Discretion is required in sensitive civil matters. Suppression must be complied with in all circumstances.
3. The public interest in the media receiving accurate information about the justice system and its processes may support a barrister making media comment.
4. Client considerations include whether informed consent is required. Breaches or waiver of confidentiality or privilege must be guarded against.
More caution is required. The need to take into account further considerations means it may be more difficult for a barrister to appropriately comment on their own cases than cases generally.
Social media comment
Be aware of the reach of social media. Comments made by social media are instant and widely released. Control of subsequent use or preventing manipulation of your comments means caution is required when posting online.
The risks of comment are heightened because:
a. Client confidentiality may be more difficult to protect. The use by social media of meta-data like location services, and algorithms that may draw links between lawyer and client, may create additional confidentiality risks.
b. Independence must be preserved even where a barrister makes online connections with others or is otherwise linked with people or their interests online.
* Tiho Mijatov is a barrister at Stout Street Chambers and has experience in both civil litigation and criminal law. He regularly appears in courts and tribunals around New Zealand in a wide range of pre-trial matters, trials, appeals, and other hearings. Tiho often undertakes judicial review work on a wide range of public law matters including in the fields of human rights and prisoner rights.
Get your Free Blue Book
Remember the"Red Book"? It contained a copy of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. With the help of member Garry Williams KC, we have now produced our own version of the Rules, called the “Blue Book”.
The Blue Book contains:
• The Rules.
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Resources for Barristers
New Zealand
• Crown Law “Media Protocol for Prosecutors” (1 July 2014).
• Duncan Webb, Kathryn Dalziel and Kerry Cook Ethics, Professional Responsibility and the Lawyer (3rd ed, LexisNexis, Wellington, 2016); and Webb (1st edition, Butterworths, Wellington, 2000).
• Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.
• Richard Mahoney “Lawyers’ Statements of Personal Opinion to the Court” (2015) 14(1) Otago Law Review 147.
• Richard Scragg The Ethical Lawyer (Thomson Reuters, Wellington, 2018).
• Bar Association on-demand webinar -Social Media for Barristers
Australia
• G E Dal Pont “Lawyers’ Professional Responsibility in Australia and New Zealand 2nd ed, Law Book Co, NSW, 2001).
• Kylie Burns and Lillian Corbin “E-Professionalism: the global reach of the lawyer’s duty to use social media ethically” (2016) Journal of the Professional Lawyer 153.
• Justice Steven Rares “Social media – challenges for lawyers and the courts” (speech, 20 October 2017).
• Law Society of New South Wales “Guidelines on social media policies”
• Office of Legal Services Commissioner “Social media practice note”
Canada
• Brian Foster QC and Jared Craig “The lawyer and the media: what can a lawyer say to the media?” (2014) 43 The Advocates’ Quarterly 59.
United Kingdom
• Bar Standards Board “Medial comment guidance” (April 2013).
• Halsbury’s Laws of England “Barristers” section (ix) advertising, touting and publicity. See now at vol 66 (legal professions).
• UK Bar Council, Ethics Committee “Expressing personal opinions to/in the media” (October 2014).
International
• International Bar Association “IBA international principles on social media conduct for the legal profession” (24 May 2014).
The rule of law misconstrued? Raymond Wacks*
The desire to enlarge the scope of the rule of law is understandable but where is the line to be drawn? asks Raymond Wacks.
This article first appeared in the November 2024 issue of Counsel, the Magazine of the Bar of England and Wales.
On 14 October 2024, the Attorney General Lord Hermer KC delivered the 2024 Bingham Lecture entitled ‘The Rule of Law in an Age of Populism’. His remarks are a salutary reminder of the importance of this central concept which has long been something of a cliché, especially in the political lexicon. Its literal meaning – ‘the law rules’ – is banal, even tautologous.
As Judith Shklar put it, the term ‘has become meaningless thanks to ideological abuse and general over-use. It may well have become just another one of those self-congratulatory rhetorical devices that grace the public utterances of Anglo-American politicians.’ Nevertheless, expressed as a symbolic aspiration, it embodies the notion of legality, and the values associated with mechanisms of control over the exercise of arbitrary authority and sweeping discretion.
Populism
Lord Hermer is right to recognise the dangers that populism poses to the rule of law. In my recent book, The Rule of Law Under Fire? (upon which I draw here), I identify no less than 16 threats to the rule of
law, and populism is foremost among them. If, as I believe, the core of the rule of law is the constraint it imposes on unbridled power, populist leaders exemplify its antithesis. They exhibit an unambiguous hostility toward independent institutions, and an unashamed desire for the exclusivity of unlimited rule. In pursuit of this object, they evince scorn (often ad hominem) for judges, judicial independence, the media, the civil service, media, and NGOs. Particularly disquieting, of course, is their assault on the courts. There have been a number of recent instances of institutional conflict between the judiciary and executive.
Populists have little difficulty in simultaneously flaunting and flouting the rule of law. The legal system is chastised for corroding the rule of law, depriving the people of its benefits, while, at the same time, the law is deployed to frustrate democratic values.
Analytical inflation
The Attorney General, however, strays into contentious territory when, following the position advanced in Lord Bingham’s justly popular and influential book, The Rule
of Law, Lord Hermer espouses a substantive or ‘thick’ conception of the rule of law:
‘One of Lord Bingham’s great contributions was to promote a more substantive conception of the rule of law, including the idea that the law must afford adequate protection of fundamental human rights. I too believe that human rights – both at the level of principle, and in practice through how they are enforced – are an essential element of the rule of law and a stable democratic culture.’
This, I respectfully submit, is simply wrong. To import ‘human rights’ into the notion of the rule of law is mistaken. The understandable desire to inflate the scope of the rule of law to include under its umbrella the protection of human rights attenuates both values. How? Packing the ideal with benevolent intentions saps its essential character as a constitutional instrument to contain the exercise of arbitrary power. And it correspondingly diminishes the powerful concept of human rights by merging it with procedural devices.
It seems that when we cherish a particular ideal there is an irresistible temptation to expand it almost to breaking point or to load it with freight that it can barely support. By expanding the ideal of the rule of law, the values together which it is lumped are weakened through the loss of their independent potency.
Human rights are most successfully safeguarded in their own name. Moreover, a thick, substantive theory of the rule of law may actually be legally counterproductive. It could, for example, lead courts engaged in judicial review to shrink from adopting a full-blown appraisal of a declaration of a state of emergency.
One cannot deny that formal requirements have substantive foundations and normative consequences. The right to a fair trial, for example, is both grounded in principles of justice, and presumes the existence of dispassionate courts. There is an inexorable symbiotic relationship between procedural and substantive features of the rule of law. But this is a far cry from the incorporation of the latter as advocated by Lord Hermer.
Drawing the line
The desire to enlarge the scope of the rule of law is understandable in a newly appointed senior law officer aspiring to foster justice and equality. But this is misguided. Where is the line to be drawn? Does a democratic society not require free and fair elections? Are criminal defendants not entitled to an effective and gratis system of legal aid? In addition to their independence, should members of the judiciary not also represent a cross-section of the community? And so on.
There are ample elements of a democratic legal system whose deficiencies may enfeeble its effective operation
and weaken the rule of law. But we should resist amplifying and encumbering the concept beyond its nucleus. The rule of law is severely adulterated when, in the words of Joseph Raz, it ‘propound(s) a social philosophy.’
I contest the claim that a ‘thin’ version of the rule of law is somehow shorn of its ethical or evaluative content. The proposition that, for example, the law ought to apply equally to all regardless of their social status, gender, wealth, creed, race, and so on bristles with moral force. This is not for a moment to deny the importance of appreciating the social and institutional context of the legal order whose disorders one claims the right to diagnose and cure.
Conclusion
Having lived in a repressive society, I understand the indifference and conceit with which arbitrary power is arrogantly exercised.
If the rule of law means anything, it signifies a powerful check on the abuse of power. That is not to say, of course, that it is simply a negative ideal; its strength lies in the affirmation of the values of fairness, and integrity.
Institutional constraints will rarely suffice. There is plainly a need for a domestic social, political, and cultural dedication to the rule of law as a laudable ideal. This will include judges, lawyers, and other officials imbued with a commitment to the traditions and values of the law. Lord Hermer is explicit in his desire to pursue this vital quest.
On 14 October 2024, the Attorney General Lord Hermer KC delivered the 2024 Bingham Lecture titled ‘The Rule of Law in an Age of Populism’. Lord Hermer’s speech can be read in full here
Raymond Wacks
Raymond Wacks, Emeritus Professor of Law and Legal Theory, is the author of 17 books and editor of ten. Oxford University Press is expected to publish the seventh edition of his Understanding Jurisprudence in 2025. The Rule of Law Under Fire? was published by Hart Publishing in 2021.
Imposter Syndrome: How to dial down your inner critic
Libby Schultz* and Jess Stuart**
This article was provided by our valued partner MAS and was printed in the OnMAS August 2024 edition.
We all have an inner voice, but if yours is more of a hindrance than a help, you may be dealing with imposter syndrome. Libby Schultz talked to leadership coach Jess Stuart, about what imposter syndrome is, where it comes from and how to stop it from holding you back.
We don’t offer our ideas in meetings, convinced others’ opinions matter more. We dread performance reviews, fearing the worst feedback. Or we let those dream jobs pass us by because we never ‘feel ready’.
If this sounds familiar, you might be dealing with imposter syndrome. It’s that inner voice that hinders us from pursuing things we’re quite capable of achieving.
According to the International Journal of Behavioral Sciences, nearly 70% of us have experienced feelings of imposter syndrome some time in our lives.
This could be anywhere on the continuum – ranging from occasional feelings of inadequacy through to a crippling and constant fear of being exposed as a fraud.
Although most commonly called imposter syndrome, it’s also variously known as imposter phenomenon and imposter experience.
But as motivational speaker and author Jess Stuart explains, words and definitions do matter.
“The word ‘syndrome’ has a medical connotation as if it’s a condition you get diagnosed with and need a prescription for. And of course, it’s not. It’s a state of mind and a passing experience.”
Put simply, it’s when a person feels they’re lacking in intelligence, skills or competence – despite evidence to the contrary.
A useful way to explain it, says Jess, is that we are looking through a distorted lens. We’re not being objective about our own abilities.
“The
reality is what other people see. But when we look at the same reality, it’s clouded by this lens of self-doubt. And what we’re seeing is: ‘I’m not good enough. I need to be better. I’m failing and I’m going to be found out."
The other end of the scale is someone who’s supremely confident in their own abilities – but that’s not based in reality either.
“People who tend towards narcissism also have a skewed view of their own competence. It’s just in the other direction. In both instances, we need to take off the lenses so that we can see the reality.”
Where does it come from?
It’s a mix of things, says Jess. Like many psychological issues, it can stem from our childhood. If we had an art teacher who told us we couldn’t draw, for example, we might grow up believing we’re not creative and feel like an imposter when we try.
“If you’re experiencing imposter syndrome, it’s probably because you’re good at what you do which makes no sense psychologically, but it’s what the research has shown. I always say to people the person in the room with the highest expectations of you is generally you.”
Although it can affect anyone, Jess says it’s not a surprise that minorities or underrepresented groups are disproportionately impacted.
“A lot of this is our societal baggage. If you’re succeeding in the very space you were told you’d never belong in, it’s obvious how that can play out.”
It might also be more primordial. Stepping outside our comfort zone presents danger and risk, and that’s when imposter experience can arise.
“Some people might be very confident at work but feel like a fraud in other areas of their life such as sport, parenting or dating. We usually find the inner critic becomes louder when we’re less confident in what we’re doing.”
One thing Jess always tells people in her sessions is that imposter experience is the domain of high achievers.
“If you’re experiencing imposter syndrome, it’s probably because you’re good at what you do which makes no sense psychologically, but it’s what the research has shown. I always say to people the person in the room with the highest expectations of you is generally you.”
Strategies to combat imposter experience
Although we may never eliminate the feelings of imposter experience altogether, there are ways to manage them.
“I liken it to the volume on a stereo,” Jess says. “The goal is to be able to turn the volume down on our inner critic and to accept that those feelings are just part of being a human who’s growing and learning.”
If you’re struggling with self-doubt, try these quickwin strategies:
1. Recognise it for what it is.
Remember, you may be looking at yourself through a hyper-critical lens. Your perception is not reality. Just being able to see the experience as something that’s happening in our minds – and not in reality – is hugely powerful.
2. Reflect on your strengths.
Believe in your own achievements and abilities. In particular, don’t underestimate your strengths and talents just because you find them easy. You probably find them easy because of your talent.
“It can be as simple as spending 60 seconds at the end of each day or week reflecting on what’s gone well and why,” says Jess. “Or you can start keeping a ‘success folder’. That gives you a portfolio of evidence to bolster you on those off days when your inner critic is on high volume.”
3. Celebrate your successes. Instead of obsessing over things that have gone wrong (which is the perfectionist’s mindset), you can refire those neural pathways in a positive way.
4. Know you’re not alone. Given that so many people experience it, imposter experience needn’t be a taboo subject in the workplace.
“I’ve seen senior leaders who’ve modelled this really well,” says Jess. “When they share their own experiences, it allows everyone to open up and talk about their vulnerabilities.”
* Libby Schultz is a Freelance interviewer/writer
** Jess Stuart is an international speaker, coach and author of 7 personal development books specialising in mindset, performance and leadership. She offers free resources and an online course on imposter experience at her website jessstuart.co.nz
Book review: ZestClimbing from Depression to Philosophy
*Michael Heron KC
Zest - Climbing From Depression To Philosophy Bateman Books, 2024
ISBN: 9781738583669
"Zest" by Daniel Kalderimis is a profound exploration of the human condition, interweaving personal narrative with philosophical inquiry. Kalderimis, a King's Counsel based in Wellington, New Zealand, delves into his own experiences with depression to offer a compelling treatise on finding meaning and joy in life. The book is a testament to the resilience of the human spirit and the quest for a lived philosophy that transcends mere existence.
Kalderimis begins by recounting his struggles with depression, a condition that twice challenged him in his forties. His journey through these dark periods led him to seek a deeper understanding of how to live well, akin to constructing a case theory for his life. This quest forms the backbone of "Zest," as Kalderimis sheds layers of cynicism to reconnect with his curious teenage self and rediscover love and joy.
inspiration in their writings, particularly in their emphasis on virtue ethics and the importance of character. He argues that philosophy must engage with psychology to be practical, as our minds are the technology through which we make life choices.
Kalderimis’s narrative is enriched by his reflections on existentialism, stoicism, and Buddhism. He contends that these philosophies offer valuable insights into living authentically and treating others well. Existentialism, for instance, emphasizes the individual's responsibility to create their own meaning, while stoicism teaches the importance of focusing on what we can control and accepting what we cannot.
Central to Kalderimis's thesis is the idea that while information is necessary for making good choices, it is insufficient on its own. Drawing on the philosophical insights of David Hume, he argues that facts cannot be transmuted into values without a guiding framework. This gap, he suggests, can be bridged by a lived philosophy that integrates elements of ancient Eastern practices, such as meditation and mindfulness, into the fabric of Western culture.
Kalderimis's exploration is not merely theoretical; it is deeply personal. He describes how his depression arose from a lack of connection and engagement with the world. Paying close attention to life, he posits, is essential for deriving happiness. This attentiveness, akin to the focus of great painters, poets, and novelists, allows one to appreciate the texture of the world and treat others as ends in themselves rather than means to an end.
The book draws heavily on the works of philosophers and writers such as George Eliot, Iris Murdoch, and Martha Nussbaum. Kalderimis finds solace and
The book's title, "Zest," encapsulates Kalderimis's ultimate goal: to recover and maintain a zest for life. This zest, he argues, is not about achieving happiness directly but about engaging with life in a way that happiness becomes a byproduct. He likens this to the stoic archer who aims intently and skillfully, aware that once the arrow is released, it will fly where it flies.
Kalderimis’s writing is both eloquent and accessible, blending philosophical discourse with personal anecdotes. His reflections on the interconnectedness of our lives and the importance of character formation are particularly poignant. He emphasizes that character is not a fixed identity but a set of habits that can be cultivated through reason and discipline.
One of the book's strengths is its integration of diverse philosophical traditions. Kalderimis does not advocate for a single path but rather draws on the wisdom of multiple schools of thought. He finds common ground between stoicism and Buddhism, both of which emphasize the importance of accepting life's imperfections and finding joy through suffering.
Kalderimis's discussion of virtue ethics is compelling. He argues that virtue ethics, with its focus on character and practical wisdom, offers a more realistic and attainable framework for living well than analytic moral philosophy. This approach, he suggests, is more aligned with the complexities of human life and the need for a deep commitment to our values.
The book also addresses the role of love and connection in finding meaning. Kalderimis draws on the insights of Murdoch, who described love as the difficult realisation that someone other than oneself is truly real. This unselfish connection, he argues, is essential for living a meaningful life.
In his final thoughts, Kalderimis reflects on the importance of paying attention to the world around us. He recounts a letter he wrote to the Wellington poet Loris Edmund, 25 years ago, who responded with gratitude and shared his belief in the spiritual quality of ordinary things. This exchange underscores the book's central theme: that true engagement with life requires a wholehearted and attentive presence.
Kalderimis provides numerous examples from his own life and the lives of others to illustrate his points. For instance, he describes how reading George Eliot's "Middlemarch" allowed him to see ordinary life in slow motion, revealing the interconnectedness of our lives. He also discusses the insights of psychologist Jonathan Haidt, who argues that success in life is based on our associative actions and how they help us succeed at the human game of reciprocity.
I particularly liked Haidt’s elephant metaphor – the with rider of the elephant being our conscious mind and the elephant itself being our emotional and instinctive side. You get a clear picture of the battle which everyone faces.
Kalderimis's reflections on stoicism are insightful. He quotes Seneca's advice to be conscious of our limited period of existence and to focus on what we can control. He also draws on the teachings of Epictetus and Marcus Aurelius, emphasizing the importance of maintaining a calm and reflective attitude in the face of adversity.
The book's exploration of Buddhism is also helpful. Kalderimis discusses the Four Noble Truths of Buddha and the Eightfold Path, which provide a framework for skilful conduct and mindfulness. He argues that these teachings offer valuable insights into living a balanced and fulfilling life.
Kalderimis's writing is enriched by his personal reflections. He describes how his depression felt like a form of constriction, making it harder to breathe and speak.
Zest reaches a level of quality of research, insight and writing that Daniel Kahneman or Malcolm Gladwell would be proud of.
I found his discussion and ultimate return to existentialism resonated with me.
“…no longer pushing against the webs of connection but trying to find ways to reach along them by being more open to the vibrations of possibility and love.”
In conclusion, "Zest" by Daniel Kalderimis is a learned and eloquent exploration of the human condition. It is a book that invites readers to reflect on their own lives and consider how they might cultivate a deeper sense of connection and purpose. Through his thoughtful analysis and personal reflections, Kalderimis offers a vision of what it means to live well.
Like others who have read it, I was moved by the book and ultimately reassured that each of us have permission to choose the meaning of our lives. Like Daniel, we can carry a compass, not a manifesto.
* Michael Heron KC is a KC based in Auckland and former Solicitor-General. He is one of New Zealand’s leading KCs and is a trusted legal advisor to New Zealand businesses, government entities, and public bodies.
Book review:
Chester Porter - Walking on Water
Chris Patterson*
Walking On Water
A Life in the Law
Chester Porter
Published: 1 April 2011
ISBN: 9781742743646
Imprint: Random House Australia https://www.penguin.co.nz/books/walking-onwater-9781742743646
One of the cruel realities of being a barrister is that you spend your career practising with the knowledge that perfection is a wonderful aspiration but impossible to achieve. If you obtain a reputation at the bar for being able to "walk on water" then you are possibly as close
to being perfect as any mere mortal barrister can get. I have read a fair number of books written by retired lawyers and several judges reflecting on their careers in the law. Such books contained one or more pieces of wisdom that were usually only obtained through the cruel process of making or observing others making mistakes. It is significantly less traumatic to learn from others' mistakes. Chester Porter QC's book "Walking on Water: A Life in the Law" stands out as being in a class of its own. Porter QC provides a fascinating and insightful glimpse into the significant changes in law and Australian society during his 52-year career covering the second half of the 20th century.
A recent lunch in Westhaven with a client resulted in a copy of Walking on Water landing on my desk a week later. The client was acquitted of a charge of murdering a drug dealer following a three-week trial before jury in Sydney during the mid-1990s. Chester Porter QC was the senior barrister engaged to defend him. I had heard of but never met Chester Porter QC during my decade at the New South Wales bar.
Chester Porter QC was called to the New South Wales bar in 1948. He took silk in 1974 and retired on 30 June 2000. He was counsel assisting the Australian Royal Commission into the convictions of Lindy and Michael Chamberlain. The tragic disappearance of the Chamberlain's daughter Azaria and the legal controversies that followed will be generally known to most barristers, even if they have not watched the movie featuring Sam Neil on the subject. On the topic of famous legal cases that made the big screen, Chester Porter QC represented Detective Sgt Roger Rogerson on bribery charges, which later became the subject of the movie "Blue Murder”. Other notable cases in which he was counsel included acting for Judge John Ford, who was accused of attempting to pervert the course of justice.
A barrister does not earn the nickname 'The Smiling Funnel-web” without mastering the art and science of cross examination. Throughout his book, Porter QC lays out the basis for why one of Australia’s most notorious criminals Neddy Smith would advise those facing a serious criminal charge to “Get him regardless of the expense.”
Very few aspects of human nature and frailty are missing from Porter QC's book. Generalists will be encouraged that it is possible to reach the highest levels within the profession, at least in NSW, without choosing to specialise. Of particular interest to me was the third to last chapter which is titled "Deciding the Facts". I was surprised and delighted to find a chapter addressing the issue of factual analysis. It is a topic that I have been teaching for nearly a decade via annual national workshops for the New Zealand Law Society and before that for the Auckland District Law Society. The chapter opens with the following paragraphs:
"Some cases involve only questions of law. Others involve both questions of fact and law. However, the vast majority of cases are decided solely on the facts, with no dispute as the law applicable.
It is not only criminal cases that so much depends on questions of fact. Even in giant commercial cases there are inevitably disputes as the facts, in particular what was said by those involved.”
Porter QC provides a few golden pages in the same chapter devoted to the role and performance of witnesses during trials. Much of Porter QC's observations and advice concerning witness performance should be etched in the memory of every barrister as compulsory advice to provide to clients and the witnesses they want you to call to give evidence.
Porter concludes the chapter with the following two paragraphs, which sum up much of why I continue to teach factual analysis:
"Our appeal courts have done very well indeed in deciding questions of law, but the mechanics for correcting errors in deciding questions of fact in civil and criminal cases are few and inadequate. Our great lawyers tend to become hopelessly involved in abstruse and difficult questions of law. They tend to regard questions of facts unworthy of their attention. One superior English Court of Appeal actually said as much, but many years ago.
The process of fact-finding courts is not well understood, under-researched and calling for improvement. Hopefully new, and fresh minds in the law, perhaps those of woman in particular, will affect substantial improvements.”
I couldn't have said the above any better and it is no different here in Aotearoa.
“Walking on Water: A Life in the Law” is considerably more than the usual post career reflection of a highly respected senior barrister. It contains insights into how society and Australia, particularly New South Wales, which is not too dissimilar to New Zealand, have changed and where important reforms and developments in the law could improve outcomes for those the law is supposed to serve. It is possibly a little unusual to end a brief book review of what is essentially a memoir with an unattributed quote from an unnamed barrister. However, I am going to so do. Porter QC recalls being told by an older barrister in 1948 that: "In this game, Chester, there will be times when you walk on clouds and there will be others when you walk in deep despair." The unattributed quote strongly resonated with me. The way in which Porter QC reconciled the sentiment of the quote in his book was nothing but masterful. Chester Porter QC passed away on 15 March 2021. His book provides a small but lasting part of his legacy. Despite being published thirteen years ago, much of his advice remains relevant to a trial lawyer today as it was throughout his career.
* Chris Patterson is an experienced litigator and dispute resolution specialist practising in Auckland.
Petrol Heads’ Corner
Volvo XC 60 Plus
David O’Neill*
I was looking around for something to review and my son, who works for Ebbett Volvo as a salesman, suggested that I try the XC 60. He duly supplied me with the “XC 60 Plus T8 all-wheel drive plug-in hybrid”- that’s a mouthful…………. Notwithstanding the name/description, it was a surprise package.
Specs:
It is in the mid-range SUV territory. It’s 4.7m long and sits fairly high off the road.
Cargo capacity is 468L and a whole lot more when you drop the seats and it has 5 seats.
It is all wheel drive with an 8 speed automatic and develops 335kw and has maximum torque of 709Nm.
According to Volvo it accelerates 0-100km/h in 4.9 seconds. Volvo also said it has a top speed of 180km/h – didn’t go there.
It weighs 2150kg and maximum laden weight is 2.6 tonnes, so it’s pretty heavy.
The plug-in hybrid thingy gives it the extra boost because it’s only a 2.0 litre motor. I have always thought of Volvos as being rather staid and conservative cars. I hasten to add that I am not yet retired nor conservative so I can say these things.
However, I was nicely surprised. The car drives beautifully. It accelerates well, corners well and has quite taut suspension and is incredibly roomy for a midsize wagon. When the back seats are folded down, it has a ton of room and it really was a very comfortable car. We gave some friends a ride in it over a short distance and they commented that the rear seats were hard. This may have been because they normally didn’t sit in the rear or the seats were truly hard – in any event, would you care – probably not. Back seats are for the kids and they won’t care, or if they do it will just be another whinge about travelling anywhere further than into town. Front seats are always better than back – that’s for real.
The car’s list of standard features is enormous (they even refer to having blond headlighting as a standard feature – whatever that means).
It has all the technology you would expect in a car of this type and for this price. The standard price for this car is just under $114,000. The car that I had was around about $120,000 brand new. However, it is the top of the line Volvo XC 60. XC 60 signifies whereabouts in the XC range it is. The XC 40 is obviously smaller and the XC 90 is the 7 seater.
Like any car you hop into for the first time, use of the controls is relatively bewildering, and with practice it gets better. The touchscreen was very good and it had this regenerative power charging on the car. If you put it into this regenerative mode when you are going down a hill with your foot off the brake, it would charge up the battery. I suggest you wait for a steep hill though. The regenerative feature almost stops the car dead.
The battery has about 60kms charge in it and that gets it around town very easily. For example, if you were going to work using the battery, you would probably get a week’s driving out of it, and when you got out on the open road, it would revert to petrol.
These hybrid-type vehicles are probably where the motoring industry is heading. My suspicion is that electric cars have had their day and that people are favouring hybrids over full electric cars more and more. I noticed the car had a road user charge sticker. I was aware NZTA were insisting full electric vehicles purchase RUC but not hybrids. It seems unfair to me because hybrids still use petrol a lot more than electric cars and to insist that hybrid car owners buy RUC seems unfair. I might be wrong saying this because it is possible hybrids are in a different class to fully electric cars.
Even in petrol mode the thing sipped petrol at a very, very miserly rate. For example, we drove from Hamilton to Pauanui, which included the Kopu/Hikuwai Hill, and the tripmeter suggested that the car had averaged 4.9L/100kms. That is an incredibly economical rate of consumption of petrol and one I found almost unbelievable. On the way home I took careful note of petrol usage. I had a fully charged battery so was able to travel for 60 kms before the motor kicked in. We travelled approximately 135 kms and averaged 3.9 litres/100 kms. That’s about 5 litres of petrol for the return journey, taking into account the Kopu/Hikuai Hill. Not bad!!
I hasten to add that I wasn’t mucking around but I wasn’t trying to find the top speed either.
The bits and pieces inside the car worked very well. I thought the touchscreen was very good and easy to cope with. I didn’t get a chance to try all the heating options
because it was too warm for that. There are plenty of storage cubbyholes in the car, the boot is very big and there is good visibility out all sides of the vehicle.
The technology in the car is what you would expect of a vehicle made for 2025, namely wireless phone charging, ability to search up Google services, Apple carplay and the like. I was surprised that when I went to try Apple Play I was told(by the car) that I needed to plug the phone in. I would have thought Bluetooth would have been available for this. Mind you that is a minor grizzle.
The charging of the electric motor doesn’t take very long. Overnight for the battery to be fully charged.
One of the things that I like about this car was that it came with a handsfree power tailgate. This is one of those situations where you wave your foot under the back of the car and the tailgate opens. It’s an ideal thing to have when you have your hands full. You wave your foot under the back of the car and the tailgate pops open, and it works better than the same system in my own car.
Cornering was pretty good. It did the usual SUV lurch around the corners like a drunk, but by and large it was responsive and easy to drive. I think it’s a worthy competitor and substitute for that mid-size SUV range. It’s priced competitively and, I think, that it boils down to which marque you prefer. The other vehicles in the same category are the Audi Q5, Range Rover Velar, BMW X3 and possibly the Porsche Macan (although the Velar and Macan would be more expensive than the other two).
The Volvo and the Audi are about the same size. The BMW is a bit smaller and the Velar is either the same size or ever so slightly bigger.
All in all, a really surprising amount of satisfaction in driving the car. I liked it a whole lot more than I expected I would.
David O'Neill is an almost retired Barrister from Riverbank Chambers in Hamilton who will continue to contribute reviews of vehicles for At the Bar, extolling the virtues of petrol power!
Tecnam P92 E Road Test
Craig Ruane*
And now for something completely different…. For those who enjoy flying rather than driving. Read on to hear what member Craig Ruane has to say about this light aircraft in this review of his recent “Road Test” of the Tecnam P92 E – a road test, but without the road!
The Italian automotive industry is famous for high performance two-seater sports cars. The Tecnam P92 Echo Mk 2 shares at least some of those characteristics. It is Italian. It is a two-seater. It has a cruise speed of about 85 knots (approximately 160 km/h) at 75% power from a 1352cc engine. Fuel consumption at cruise speed, with reserves, is about 15 L per hour giving an endurance of about four hours and a range of about 350 nautical miles or 650 km. Amongst the optional equipment it can be fitted with a ballistic parachute. It is obviously not a sports car.
Tecnam was founded in 1986 by two Italian brothers, originally to build parts for other aerospace companies. They soon branched out into building complete aircraft of their own design, of which the Tecnam P92 series is one of the more successful. The design itself is relatively conventional, looking a bit like a Cessna 152 on a diet. Although they build a range of aircraft,
including twin-engine types, by far the majority follow the single-engine, two seat, side-by-side, high wing tricycle undercarriage formula. Almost 3000 of the P92 series have been built (probably more than any single model of Ferrari, but much less than the Toyota Corolla) and they are certainly one of the more popular microlight or Light Sport Aircraft (LSA) in New Zealand.
This particular aircraft is owned by the Canterbury Recreational Aircraft Club based at Rangiora north of Christchurch. The club owns two of the earlier P92 Echo aircraft and ZK-RGE is the club’s most recent purchase, a P92 Echo Mark 2. The Mark 2 differs from the earlier models in that the fuselage is carbon fibre rather than an aluminium monocoque, with metal wings and empennage (for some reason aviators still like using French terms).
This particular aircraft is powered by a Rotax 912 UL, horizontally opposed four-cylinder engine with air cooled cylinders and water-cooled heads, developing 100 hp at 5800 rpm. The Rotax family of engines is probably the most widely built light aircraft engine in the world these days, having largely supplanted
the old-fashioned Continental and Lycoming engines found in most of the Cessnas and Pipers which used to be the staple of private owners and Aero clubs. The real advantage of these engines, apart from the more modern design and, in the more recent models fully redundant electronic fuel injection, is that they will operate on standard fuel (MOGAS), either 91 octane or 95 octane. They will tolerate AVGAS if nothing else is available. They are also very reliable with a time between overhaul (TBO) of 2000 to 2500 hours.
My first impression of the P92 is that it is a very sleek and stylish aircraft. The well-rounded carbon fibre fuselage is very smooth, provides a slightly wider cabin than the earlier models, and greater aerodynamic efficiency which contributes to speed and fuel economy. The interior, though not plush, is well appointed and comfortable, with ample legroom for the taller pilot.
Entry to the cabin is through two large doors, although a certain amount of agility is still needed to get your leg over the high door sill and around the control column before folding yourself into the comfortable seats. Inside, although cozy (it is certainly not as wide as your average SUV) the seats are adjustable fore and aft, although a shorter pilot might need a cushion to help with the view over the top of the instrument panel and nose.
The aircraft does not have air-conditioning, or a full surround sound music system, but it does have a heater although the controls seem to be buried somewhere near the rudder pedals.
RGE is used by the club for training and for hiring to club members, and as a result the decision was made to leave the control panel relatively sparsely equipped, with basic instruments, and dual radios. Tecnam has a full suite of optional extras including full glass cockpits. The club aircraft are each equipped with an iPad running off one of the USB ports which come as standard, and running AvPlan which is an electronic flight bag which provides all the flight information you could possibly want at a very reasonable annual subscription.
After running through the standard pre-flight checks (a walk around the aircraft checking that everything is secured or moving freely as appropriate, dipping the fuel tanks, and checking the oil and coolant levels), it’s time to go flying.
Starting is easy, with a manual choke for cold days and the usual checks are made as we head off towards the end of the 07 runway at Rangiora. With trim and flaps set for take-off, and a last-minute check to make sure that no one is about to land, full throttle is selected, a modest amount of right rudder is applied to keep everything straight and we head briskly down the runway.
Gentle back pressure on the stick at about 40 knots raises the nosewheel and the aircraft is off the ground
in less than 200 m, before climbing away at about 1000 feet per minute. The preferred climb speed is 60 knots and flaps are raised electrically at 500 feet above the runway.
A departure to the north into some clear airspace provided an opportunity for some basic handling tests. The stall is positively innocuous, ranging from 45 knots with flaps up to about 35 knots with full flap. RGE displays no desire to drop a wing and there is an immediate recovery when the nose is pushed down and full throttle applied. No more than about 100 feet altitude is lost.
Medium and steep turns are accompanied with ease in both directions and there is no problem keeping the ball in the middle of the turn and bank indicator. Back into the circuit, half flaps can be applied at 60 knots, with a modest nose down change of pitch and full flaps gives much the same effect, which is easily controlled. Once settled in on the final approach a gentle trickle of power balanced against gentle use of the stick keeps everything on course for a touchdown on the main wheels with the nose held slightly high to ease the strain on the nosewheel while bleeding off the last of the speed, even for a low hours pilot like me.
The aircraft is not a bad cruiser either. Two of us took RGE down to Wanaka from Rangiora for Warbirds at Easter. The only difficulty is with keeping under the 600 kg maximum all up weight permissible under the microlight rules. This led to a stop for refuelling at Tekapo, followed by a flight across Lake Pukaki before stopping at Omarama. We departed Omarama in loose formation with another club member before joining the circuit at Wanaka behind a Spitfire.
Operating costs are relatively modest, with the club charging $180 per hour including fuel.
The aircraft can be flown on a Recreational Pilots Certificate, which only requires a drivers licence medical every two years. The Recreational Pilots Certificate prohibits flying at night, in or above cloud, higher than 10,000 feet, and over built up areas and limits the maximum all up weight of the aircraft (including crew, fuel, and baggage) to 600 kg. If you want to fly at night in cloud above Auckland this is not for you.
All in all, a very pleasant aircraft to fly, with good looks, benign handling, a sprightly take-off, useful cruise speed, and decent range.
Craig Ruane is a barrister practising from Te Pōhue Chambers in Christchurch. He specialises in criminal and civil litigation as well as family protection, testamentary promises, estates litigation, Coroners inquests, military law, and limited licences. Craig is a Judge of the Court Martial Appeal Court and holds the rank of Colonel with the Reserves Forces. He over forty years’ experience in the New Zealand Army, first in the Territorial Force Artillery, and later in Legal Services.
Marking David O'Neill's retirement
Riverbank Chambers sprung a surprise retirement party for David O’Neill, who is retiring as an active barrister at the end of the year. A number of Judges from the High Court and the District Court attended, together with two former presidents of the New Zealand Bar Association. The night was complete with a number of speeches from colleagues, past and present. Members of David’s family were also there to celebrate nearly 44 years at the bar. David plans to pursue other interests including travel and making gin. His 10 month old grandson, Ralph, who was also there, stole the show.
St John Howard-Brown, Stephen Trevella, Calina Tatau, Elizabeth Ross-Keall, Sam Comber
Chris Gudsell KC and Sir Terence Arnold
Davey Salmon KC and Sarah Shaw
Les Taylor KC and Polly Pope
Madeleine Wright, Sarah Ongley, Hart Reynolds, Laura Carter
Nikki Pender, Anna Cho, Rhonda Powell
Mark Hammond, David O'Neill and Judge Paul Geoghegan
David replies to speeches. Guests including his sons and wife Melanie on the left, Clive Elliott KC to the right.
David shakes hands with Toby Braun. Alice Nunn looks on, to her left is Erin Anderson.
Richmond Chambers marks a decade
Members of the legal profession gathered at the Auckland Art Gallery recently to mark Richmond Chambers' tenth anniversary.
Established in 2014, Richmond Chambers has developed into a chambers of 15 barristers, including five King's Counsel, practising across civil, commercial, and public law. The chambers has built particular expertise in commercial litigation, white collar crime, employment law, and resource management matters.
Mark O'Brien KC, speaking at the event, reflected on the chambers' development and its commitment to excellence in advocacy. He highlighted the chambers'
emphasis on collegiality and its focus on complex disputes across multiple practice areas.
The celebration, hosted at the Gallery's Terrace, drew members of the judiciary, practitioners from leading law firms, and colleagues from the independent bar. The setting provided a fitting backdrop for an occasion that looked both to Richmond's achievements and its future aspirations.
As Richmond enters its second decade, it remains committed to its founding vision: the pursuit of excellence in advocacy while fostering an innovative and collegial approach to legal practice.
Hon. Justice Dani Gardiner and Kelly Quinn KC
Martin Smith, Hon Justice Gregory Blanchard, Iva Rosic
Bal Matheson, Aidan Cameron, Aaron Lloyd
Rachael Woods, Lara Steel, Kate Thornber
Josh McBride, Davey Salmon KC
Jessica Miles, Daniel Kalderimis KC, Zane Kennedy KC
