LAWTALK
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1 MARCH 2013 / 813
FOR THE NZ LEGAL PROFESSION
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INSIDE
THE MAGAZINE
FEATURE: CONVEYANCING
“So we need more disabled lawyers, for instance. We don’t have many and why? Because they are not being included by the legal fraternity.” p. 13
“As people develop more confidence in the economy, they have a tendency to invest in other areas.”
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FEATURE By ELLIOT SIM
Distinguished visiting fellow
Consider nominating an in-house lawyer
The first President of the United Kingdom Supreme Court, Lord Phillips of Worth Matravers, is visiting New Zealand this month...
Each year CLANZ presents four generous award prizes at its annual conference, thanks to the support of its award sponsors...
Serving NZ’s farthest-flung court
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New Zealand’s farthestflung court, the Chatham Islands District Court sits four times a year, usually for just one day, unless a special sitting is required...
13 From dropout to Doctorate By RACHAEL BRECKON
A high school dropout, Dr Hickey, who grew up in Taranaki, didn’t ever consider a tertiary education – let alone gaining a doctorate...
18 Survey finds pros and cons in practice outside main centres The work-life balance offered to lawyers who practise outside New Zealand’s largest population centres is highly valued...
Sleep can reduce stress levels By FRANK NEILL
One picture of a lawyer is staying up until all hours working...
26 Healthy legal foundations needed to grow economy By RACHAEL BRECKON
Lawyers could play a larger role in futureproofing small and medium sized enterprises (SMEs), which far too frequently fail...
28 Barry Hart loses strike off appeal Former Auckland lawyer Barry Hart has lost his appeal against being struck off...
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5 The year ahead Commercial and residential investment looks very positive for 2013, the Law Society’s Property Law Section chair Chris Moore says... Good news for conveyancing lawyers This year has begun with two pieces of very good news for conveyancing lawyers...
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Automation of conveyancing
Vox Pop of lawyers across the country
Landonline rates very well
A veteran player in the automation of conveyancing says that e-dealing would realise its true potential if there was a merger between niche markets...
How do you find Landonline and the service it provides? Have conveyancing fees dropped, stayed the same or risen in the last year or so?
Land Information New Zealand (LINZ) says its latest customer satisfaction survey results for Landonline shows it is becoming a trusted and valuable tool...
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LAWTALK 813 / 1 MARCH 2013
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FROM THE LAW SOCIET Y G R ANT ADAM
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ow do lawyers gain and maintain influence? For in-house lawyers, their role often sees them operating across their organisation as strategic problem solvers as well as legal advisors. Agents of Influence is the theme for the 26th annual CLANZ Conference, which will see a stellar line-up of key in-house lawyers and business leaders sharing their views. In-house lawyers have vital roles in the success of New Zealand’s private and public sectors, and the CLANZ Conference is the only annual conference which focuses exclusively on their professional needs. It is also a chance for in-house lawyers who work in diverse organisations, often with few lawyer colleagues, to build important networks and share ideas and experiences with their peers. The annual CLANZ awards recognise the contribution that in-house lawyers make to the profession, to their organisations and to their communities. The 2013 nominations are open and CLANZ encourages you to nominate a worthy in-house counsel for one of the four awards. Nominations are welcome from anyone, including private practitioners, team members and non-lawyer colleagues. The award categories are private sector in-house lawyer of the year, public sector in-house lawyer of the year, young in-house lawyer of the year and the community contribution winner.
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LAWTALK 813 / 1 MARCH 2013
Receiving a CLANZ award is more than an accolade that looks good on a CV. The prizes are generous and the training opportunities that arise from the awards have created tangible career benefits to previous winners. An article on page 20 of this issue of LawTalk outlines these benefits with former award recipients speaking about what they gained from winning a CLANZ award, and details of how to nominate someone. The 2013 CLANZ conference will present a mix of practical and inspirational sessions that ensure attendees return to work with new skills they can immediately apply to their work lives. More information on the full programme and conference speakers is available in Section News on page 16 of this issue of LawTalk and online at www. clanzconference.org.nz. Finally, I would like to take this opportunity to thank the CLANZ 2013 conference director Sarah Gillies for the huge energy and time she has put into creating the conference. Like many lawyers, she contributes valuable time outside her working day to her professional community The profession is richer for its spirit of volunteering that extends across the entire Law Society and for which we are truly grateful. Grant Adam CLANZ President
LAWTALK More than 12,000 copies of LawTalk are distributed each issue. The magazine of the New Zealand Law Society, LawTalk is sent to every lawyer in New Zealand who holds a current practising certificate. Although the number of lawyers with practising certificates varies, it is typically around 11,500. Others who receive LawTalk include members of the judiciary, Law Society associate members, legal executives, Members of Parliament, media, academics and others involved in the legal services industry.
STREET ADDRESS: 26 Waring Taylor Street, Wellington Postal address: DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, New Zealand EDITOR: Frank Neill Ph +64 4 463 2982 editor@lawsociety.org.nz WRITERS: Rachael Breckon Ph +64 4 463 2910 rachael.breckon@lawsociety.org.nz Elliot Sim Ph +64 4 463 2902 elliot.sim@lawsociety.org.nz Advertising: Christine Wilson Ph +64 4 463 2905 advertising@lawsociety.org.nz Inquiries about subscriptions to: subscriptions@lawsociety.org.nz DESIGN: Jesse Cogswell Ph +64 4 463 2981 jesse.cogswell@lawsociety.org.nz Printing: Lithoprint, Wellington ISSN 0114-989X
Coming up … Engineering ethics
Regulatory reform
The internationally renowned Professor John Uff QC will present a lecture on engineering ethics in Wellington on 18 March.
The Victoria University Law Faculty will host the conference Recalibrating Behaviour: Smarter Regulation in a Global World on 23 and 24 April.
Organised by the Institution of Professional Engineers New Zealand (IPENZ), the lecture will be held at the Fox Glove Ballroom, Queens Wharf, at 5:30pm.
This conference aims to advance the dialogue on regulatory reform in New Zealand using the research of the New Zealand Law Foundation’s Regulatory Reform Project.
The Royal Commissions into the Canterbury Earthquakes and Pike River Disaster have raised a number of issues around the responsibilities and ethical obligations of professionals.
That project started in 2010, led by Professor Susy Frankel, and comprises a multidisciplinary team of researchers from the Victoria University Law Faculty, the New Zealand Institute of Economic Research and Chapman Tripp. The project is the second largest research project the Law Foundation has funded to date. See www.victoria. ac.nz/law/research/researchprojects/regulatory-reform/.
Professor Uff is a civil engineer with a specialisation in geotechnics and a Queen’s Counsel. After the presentation, he will be available to discuss particular issues of interest. To register, go to www.ipenz.org.nz/ei/getdemo. ei?id=237&s=_GWK0SDALG.
Maritime law The New Zealand branch of the Maritime Law Association of Australia and New Zealand (MLAANZ) is holding its 2013 Conference and AGM at the Hilton Hotel Lake Taupo on 12 April. A diverse and interesting programme of speakers includes comment by Professor Robert Merkin on the reform of marine insurance, discussion by Judge Mark Perkins on admiralty law, employment law and common law remedies, and a panel presentation on the Marine Legislation Bill, including its impact on ports. Recent developments in pleasurecraft insurance, criminal regulation and safety prosecutions, naval architecture and the offshore oil and gas sector will also be explored. The branch AGM at 5pm will follow the conference and the annual dinner will be at 7pm. See http://goo.gl/vp2jq for more information and registration form.
CLIENTS WITH The views expressed in LawTalk are not necessarily those of the New Zealand Law Society. Articles may be reproduced provided acknowledgment is given to LawTalk.
ACC DISPUTES? JOHN MILLER LAW
Level 1, 13 Leeds St I PO Box 6314, Wellington +64 (04) 801 5621 I info@jmlaw.co.nz www.jmlaw.co.nz
Children and family violence The Families Commission and the New Zealand Family Violence Clearinghouse will hold a one-day conference on Children, child maltreatment and intimate partner violence: Research, policy and practice at Te Papa, Wellington on 5 June. See www. nzfvc.org.nz.
NZ’s constitutional traditions The New Zealand Centre for Public Law is inviting submissions of paper proposals for its conference entitled Unearthing New Zealand’s Constitutional Traditions. The conference, which has attracted New Zealand Law Foundation support, will be held in Wellington on 29 and 30 August. See www.victoria.ac.nz/ law. • Wish to refer them to a specialist ACC law firm? • With nationwide coverage? • We deal with ACC matters only and will not represent your clients in other areas.
LAWTALK 813 / 1 MARCH 2013
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CONVEYANCING FEATURE BY
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LAWTALK 813 / 1 MARCH 2013
ELLIOT SIM
CONVE YANCING
The year ahead Chris moore - COmmercial conveyancing Commercial and residential investment looks very positive for 2013, the Law Society’s Property Law Section chair Chris Moore says. Mr Moore, who is also the Law Society’s President-elect, says in terms of commercial property, the year has started “with a fair bit of optimism”. “And I know through talking to commercial property agents that a number of developers are back in the market and acquiring development sites. “There seems to be an increased level of new leasings, both commercial and retail. Some clients have been surprised with the level of interest including leasing space which has been vacant for some time.” He says there are commercial property investors with strong forward thinking who are also investigating the domestic housing market but one of the difficulties they’re finding is the lack of affordable stock. “Good quality commercial property investment is reasonably thin on the ground. It actually provides a very good return. So when the best rate you can
get at the bank is hovering around the 4% mark and you can acquire a strong commercial property at a 6% yield or a reasonable commercial property up to the 7% or 8% mark, it makes it pretty attractive to have your money in the commercial property market, as opposed to your money sitting in the bank.”
been reasonably static for a while and investors now see the prospect of increasing rents.
“There’s huge demand in Auckland for first home buyers and anything under the $900,000 mark is fought over – clearly this is a huge entry level for first home buyers.”
Increased positivity, Mr Moore says, means investors are willing to take bigger risks and take money out of the bank and invest.
CHRIS MOORE
Mr Moore says a possible reason for the increase in positivity in the market could be the low interest rates currently on offer. “It looks like that’s probably going to carry on at least until the end of the year.” He says people see the potential returns in commercial property. Rents have
“Potentially there’s the ability to gain improved returns on commercial property, so having an asset that keeps pace with inflation has some real appeal.”
“As people develop more confidence in the economy, they have a tendency to invest in other areas. “I think investors need to factor in that if they’re buying property with a longterm objective they need to consider that interest rates are unlikely to stay at the current low rates, so a safety margin needs to be considered. “I think the outlook for property lawyers is better than it’s been in the past. There’s huge demand in Auckland for first home buyers and anything under the $900,000 mark is fought over – clearly this is a huge entry level for first home buyers.” LT
Good news for conveyancing lawyers This year has begun with two pieces of very good news for conveyancing lawyers. The residential real estate market has begun 2013 well, continuing the trend that developed during 2012, REINZ Chief Executive Helen O’Sullivan says. Residential property sales volume during January 2013 rose to the highest level in five years for the first month of the year. Robust demand drove sales volume growth, with the number of residential property sales up 21% on January 2012. A total of 4,933 houses sold in January 2013, compared with 4,073 a year earlier. Although sales volume in the first month of this year was down on December 2012, that is in line with normal seasonal trends. In addition,
sales by auction in January 2013 were almost double those of January 2012. The second piece of good news is that sales prices were also up on January last year. “The latest monthly property value index shows that nationwide residential values increased further in January,” according to Quotable Value Ltd (QV), New Zealand’s largest valuation and property information company. “Values are up 1.5% over the past three months, 6.2% up over the past year, and 2.6% above the previous market peak of late 2007. “With the increase in nationwide values no longer solely being driven by Auckland and Canterbury, the increase in values for most parts of the country signals an increase in confidence as well,” QV says.
“The national median price eased from its December level, although it remained 4.2% above the level reported at the same time last year,” Ms O’Sullivan says. “Given the highly seasonal nature of the housing market, prices and volumes tend to ease from their year-end levels in January, as marketing campaigns for many properties in the upper price bracket don’t begin until the latter half of the month. “Agents across the country are reporting continuing shortages of listings and positive buyer enquiry, even after taking into account the normal slowdown in activity over the Christmas-New Year break. The six-day improvement in the number of days to sell between January 2013 and January 2012 is indicative of high levels of buyer activity in markets across the country.” LT
LAWTALK 813 / 1 MARCH 2013
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CONVE YANCING
Automation of conveyancing A veteran player in the automation of conveyancing says that e-dealing would realise its true potential if there was a merger between niche markets. Richard Galbraith of Fencible Law launched KeyTrack 10 years ago. He introduced it to the market as a tool which would “add value to a conveyancing transaction”. His cloud-based system communicates with real estate agents, clients and associated parties in real time online and via automated messaging, with details kept in a secure data centre. Mr Galbraith says each conveyancing product on the market should merge to create a more efficient e-dealing system. “The market, in terms of the automation of conveyancing, has become incredibly complex, actually, because there [are] quite a few players all with their niche package.” He says when Landonline was established, e-dealing came into effect. Various councils upgraded their websites to include LIM report applications, ADLS provided web forms, QV came out with a system to update their sale notices regime online, ASB created secure email and the likes of Propel-lc have banking packages. There are also significant trust account software players which are crucial to the conveyancing process. “What we’re [KeyTrack] starting to look at now is to communicate and talk with other websites so that data flows across a number of shared platforms, because each of the individual software packages is actually useful and good in its own right.
Therefore when a deal gets loaded into KeyTrack, regardless of where the deal is throughout the country, a button on KeyTrack would offer one the ability to order a LIM report instantly. KeyTrack would identify the appropriate council to communicate with and would automatically order the LIM report and then the council would download into the KeyTrack system themselves.
RICHARD GALBRAITH
“I suppose over the years, what will happen is there will be a number of these parties that will form JVs [joint ventures] or start working together to create a system whereby conveyancing becomes easier for conveyancers.” Mr Galbraith says those at the coalface, such as legal executives, would benefit from a market merge. “There are frustrations that there are too many different packages in the market now and that’s only increasing”. Toni Field is a legal executive for Fencible Law and she agrees that there are too many automation products. “I think it’s really great because it makes things a lot speedier in dealing with it all, but the fact is that you are inputting data in so many different places that are the same. It would be good if some of them were linked together. “In dealing with the councils (in Auckland), you find that even
LAWTALK 813 / 1 MARCH 2013
Mr Galbraith says KeyTrack was in discussions with the now defunct Manukau City Council to get automated online LIM reports.
“The ultimate solution is one where there’s a platform that recognises each individual niche package out there and somehow blends them together.”
“But in my view the day when there will be one piece of software to do an entire conveyancing transaction is just not going to happen, because as conveyancers we are all pretty much the co-ordinators of a number of multiple parties and all play a vital part in conveyancing.
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though it’s all one council some of them have got the online services, which are great, and then the other ones you are still dealing with them via post and cheques. With Auckland council you can order a LIM report and get it in four hours if the property is actually in Auckland-Auckland (the former Auckland City Council area). But if it’s in Manukau, we’ve got to handwrite the application form and send a cheque in the mail, which is crazy,” Ms Field says.
“It’s a massive job putting it all together and we have put an awful lot of money on developing our software and so have all the other players in the market.” He has started negotiating with two of the leading players in the industry in trying to create a shared platform. “You could do it but it’s going to take an effort from a number of parties. We’re certainly looking at, and it is early days, some sort of joint venture. How it will ultimately present itself will be interesting.
“The ultimate solution is one where there’s a platform that recognises each individual niche package out there and somehow blends them together.” Mr Galbraith says this could occur in the future but says conveyancing has become increasingly complex with evolving family arrangements, business structures, lending requirements, and that it will never be totally online. “It will never be a straightforward click a few buttons and the whole thing is done.” Sales manager for Conveyancing Solutions Ltd, Paul Steele, says Gibson Sheat Lawyers, which is the owner of conveyIT, is currently investigating options for continuing as a conveyancing portal and also potentially other workflows. “I definitely think it’s the way the legal profession needs to move. “We’re not idle and we’re looking at ways that we can make the service available with multiple media options and enhance the way it works.” Integration with practice management systems and other industry players, such as Landonline and district councils is essential to the streamlining of conveyancing in New Zealand, says David Sarginson, the partner in charge of Gibson Sheat’s conveyancing division, and director of Conveyancing Solutions Ltd.
CONVE YANCING
This company markets the conveyancing workflow system ConveyIT to law firms throughout the country.
such a system commoditised what was a complex and highly valued service.
ConveyIT has already fully integrated its conveyancing workflow with a major practice management software supplier and is working with other suppliers to integrate with them as well.
“Now people are more open to look at such systems for what they can do – that is improve the efficiency of the way conveyancing or other matters are carried out, but not at the expense of providing appropriate levels of legal service. Communication smarts are also seen by some firms as providing a marketing point of difference in conveyancing – a very congested area of legal service in New Zealand.”
Mr Sarginson also believes any system must be flexible enough to be delivered both over the cloud and via a firm-based server as lawyers throughout New Zealand have varying views of the various options. To that end, Conveyancing Solutions Ltd is working with developers so that each option is available. It is clear that for conveyancing to operate as efficiently as possible in the future, all the key players must have the ability to have their systems talk to each other and that is also a key plank of ConveyIT’s development proposals. Conveyancing 2020 is a joint venture between Land Information New Zealand (LINZ), the New Zealand Law Society, Auckland District Law Society Incorporated, and the New Zealand Bankers Association which is working at a high level to reach a shared view of the state of the conveyancing/ land development environment in 2020, including setting strategic priorities and initiatives as the basis for moving into the future. Its December 2011 paper provides an overview of the working group’s view of this. Whatever happens, it is clear that there are a number of exciting initiatives out in the market place which will improve the efficiency of conveyancing in New Zealand. Mr Steele – who also runs his own law firm consultancy, Law Tune-Up – agrees. “In my work in the market, it’s very clear that firms are starting to realise that there are real benefits in using more of the capabilities in the practice management systems they are running, or looking to set up or migrate to. Where workflow capabilities already exist within a practice management system, then it makes sense to make it easy for the user of that system to seamlessly integrate client and matter data.
A new Dunedin-based technology upstart is gaining momentum as an automated commercial lease management system. Nomos Ltd was first featured in LawTalk in issue 804 (14 September 2012) before it was launched in October. The commercial lease management tool is a cloud-based software that allows law firms to manage upcoming lease events, view property reports for client’s buildings and view scanned deeds for the leases themselves. The software also gives clients free access to their lease information via any web browser, smart phone or tablet device in the world. Managing director Jonathan Mirkin says he is very pleased with how his business is developing. “We’ve had a lot of interest. We’ve got firms both locally and around New Zealand who are all wanting to get on board. We’ve got a council, for example, who are wanting to use it, plus we’ve got some companies using Nomos to manage multiple properties around the country.” Mr Mirkin says the company is now building revenue and exploring business options for the near future. LT
Professional forensic accounting services in civil and commercial matters.
“This enhances the user experience and gains both time and risk management efficiencies. “However there is no absolute requirement for all of the data or even all of the functionalities associated with a workflow system to reside on a firm’s server or even a cloud-based practice management system. The cloud will increasingly form part of any solution,” Mr Steele says. “I remember when I first joined Conveyancing Solutions in 2007 that the concept of running law firms within a workflow ‘environment’ was comparatively novel. Some lawyers felt that
Expertise I Experience I Independence Paul Moriarty T: 022 107 5787 E: paul@moriartyassociates.co.nz W: www.moriartyassociates.co.nz
LAWTALK 813 / 1 MARCH 2013
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CONVE YANCING
Vox Pop of lawyers across the country Four lawyers have answered the nine questions below on conveyancing in New Zealand. See what they had to say:
Q 1.
How do you find Landonline and the service it provides?
2.
Have conveyancing fees dropped, stayed the same or risen in the last year or so?
3.
How competitive is the conveyancing market?
4.
Do clients shop around for the best deal, or do they stick with their lawyers?
5.
How is the property market in your region at the moment – static or starting to pick up?
6.
How important is conveyancing to your firm?
7.
How automated is your firm’s conveyancing?
8.
How long have you been conveyancing? What sort of changes have you noticed?
9.
How profitable is conveyancing – is it one of the most profitable areas of your practice, one of the least, etc?
Tony Irvine Partner at Scholefield Cockroft Lloyd Lawyers Invercargill.
1. Excellent. 2. Maintained about the same level – albeit still competitive.
Get it wrong, admit it – fix it and they’ll usually forgive you. 9. It is still profitable but not like the days of the scale … (if you’re old enough to remember those days!). Russell Cassidy Previously sole practitioner at Russell Cassidy Lawyer now a consultant for Staley Cardoza, Dunedin.
1. I think it is the best thing that has ever happened to conveyancing. I think the service they provide is superb. As a conveyancer I guarantee my clients title and I guarantee to protect their money. For years I couldn’t give them evidence of the guarantee for weeks after the settlement. Now, I can give them evidence of the title on the same day in their name. 2. I think, if anything, they have raised a wee bit. But not much. 3. It’s very competitive, there are so many people doing it. It’s not hugely profitable but it’s a major part of our role. 4. I think it’s vital that lawyers still be involved. One of the major reasons is their contractual knowledge. The contractual issues that are involved with conveyancing are often forgotten about. 5. In the Dunedin area I think it’s starting to pick up a bit. It’s always difficult to tell because Dunedin doesn’t have the rises or the falls of other markets.
3. Very competitive.
6. Yes, it’s very important.
4. In Southland they’re pretty loyal – but still want a good deal.
7. I would think it’s very automated when you look at Landonline and the service they provide.
5. January started well but it’s been up and down for years so you budget on “ups and downs”. 6. About 60%. 7. Better than we were – could be better – but, it’s not all about automation if you want to keep your finger on the file and personalise the service. 8. 30 years. We’re all getting older, but clients still expect a good job, and are appreciative of a job done well. Do it right, once and your clients will be loyal and they will refer friends/family to you.
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8. 40 years. The sort of changes I have noticed to conveyancing over the 40 years is principally the Landonline service but also the huge changes in financing. In the old days, no one would lend more than the Trustee limitation of two thirds of value on first mortgage. Now there seems to be no limitation and perhaps that is the reason for half the problems in the cost of residential properties. 9. It is profitable only if the right people are employed to do the job and appropriate fees are charged.
Stephanie Tait Conveyancing Centre Principal, Auckland.
1. Extremely helpful. It’s very efficient but you do notice the lack of depth of knowledge on technical questions, which is a shame. You feel as though you have no personal rapport with the senior staff as we used to have under the old system. Getting answers to technical problems can take a much longer time than when you could just pick up the phone and ring someone who you knew had the technical expertise to solve the problem. 2. I think conveyancing fees have increased over the last 12 months. 3. The property market is so busy that there is more than enough work to go around but there are a lot of new firms opening in the suburbs all competing for the same work. 4. Most work is repeat work from existing clients or referrals from existing clients. With the trend being that the banks are giving money to cover legal fees, it’s unsurprising clients are less interested in the fees. 5. The property market is frantic. We have clients who are attending multiple auctions and still can’t purchase a property because the bidding is taken out of their price range. It seems that there are more purchasers than properties for sale. 6. It is our principal activity. We do very little other than conveyancing. 7. We have set procedures and precedents to enhance the flow of work through the office but conveyancing has become more labour intensive because of problems with building reports, LIM reports and the various options for structuring loans. This means that we are doing more attendances on clients sorting out these issues. Because most properties now seem to be sold by auction we are now spending a lot of time checking documents for clients who wish to bid at auctions and, of course, on many occasions they are not the highest bidder and so the whole procedure is repeated next week with the same client and a different property. 8. Approximately 25 years. All time frames for satisfaction of conditions in the agreement have been greatly shortened, everything is frantically urgent and there is a much greater depth of checking with building reports and LIMs now being normal for all agreements. Most correspondence is by email and clients expect a reply to an email within hours or they are ringing
CONVE YANCING you to see what is happening. There is incredible pressure for everything to be done quickly.
Landonline rates very well
9. It is the main work that we do so it is hard for us to compare with other fields of work but it does not seem as profitable in relation to the time that is now required to settle a contract because of the increased number of attendances and reports to be checked. Rebecca Jenkins Partner for Cameron and Co, Christchurch.
1. Overall the service and support is good although I find they are not as good with the technical legal problems that arise from time to time. 2. They have increased within the last few years, especially following the earthquakes where we now have a raft of insurance issues and sometimes significant property damage to address as part of the transaction. 3. Reasonably competitive but conveyancing is more complex and expensive than it was. 4. The majority of our client base stays with their lawyer however there is a tendancy for people to be less “firm” loyal than they once were and we have to work hard to maintain client loyalty. We do, from time to time, receive enquiries from people “shopping around”. 5. Incredibly busy … ranging from the transactions that have arisen as a result of our clients’ earthquake damaged properties, people relocating from the red zone, increased demand from people relocating to the city together with our first home buyers and clients changing properties. 6.Very important. 7. As much as it can be. The technological changes have meant that we have to be. 8. I have been in practice for 14 years. There have been tremendous changes during that time with the conversion to electronic searching and then to electronic registrations which have allowed the information to be available instantaneously. Now with the movement to electronic banking, from the in-person exchange of documents and keys with bank cheques to dealing with everything from our desktops, we no longer have the face-to-face contact with our colleagues. 9. This would definitely be one of the most profitable areas of my practice.
Chris Wickham
Land Information New Zealand (LINZ) says its latest customer satisfaction survey results for Landonline shows it is becoming a trusted and valuable tool in conveyancing.
LINZ invites a sample of e-dealing users each month to complete a short survey on its services. Chris Wickham, LINZ Manager Survey and Title Operations, says that during 2012 the aggregated results for e-dealing users (conveyancing customers) for its overall service questions were encouraging as each of the section questions received a rating of “Very Good”. The rating scale used was: 1 Poor, 2 Fair, 3 Good, 4 Very Good, 5 Excellent. The areas asked about included the overall quality of LINZ 0800 customer support, the overall quality of information searched, the overall e-lodgement processing time, the improvement in services over the last two years, as well as the way the Landonline system supports business processes. “The results have shown improvement over the past 12 months, particularly in areas relating to the 0800 customer support service, and in relation to requisition and rejections (notice to the customer to correct a part of the transaction). “These improved scores are a result of a specific focus on improving the consistency and accuracy of requisitions and rejections. “The customer satisfaction questions have been revised for 2013 to provide better feedback on how visible and successful recent
service improvement initiatives have been, and to identify future areas for improvement,” says Mr Wickham. LINZ, according to Mr Wickham, is currently undertaking a programme of work to enhance customer experience. “A major early focus of the programme is improving the customer support service, and has been responsible for a comprehensive recruitment and training programme in both customer support and transaction processing roles. “Other initiatives under the programme are to enable easier access to experts and improved technical resources available via our website.” The programme was developed in response to LINZ’s customer strategy, which has four underlying principles of being consistent, appropriate, responsive and easy (CARE principles) in customer interactions. A brief article on the customer strategy can be found in the January edition of Landwrap at www.landonline.govt. nz/about-landonline/newsletter/ landwrap/201301. LT
Understanding resilience
College of Law New Zealand is offering a new programme called ‘Understanding Resilience’ which addresses mental health issues in the workplace and provides strategies to assist management and staff. The programme builds on the award-winning module ‘Well-being and Resilience for Lawyers’ which is delivered as part of the Practical Legal Training Programme run by The College of Law in Australia (the equivalent of the Professional Legal Studies Course).
If you are interested in knowing more about this programme, please call Marcus Martin, Executive Director on (09) 300 1799 or email mmartin@collaw.ac.nz.
Visit collaw.ac.nz
LAWTALK 813 / 1 MARCH 2013
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PEOPLE IN THE LAW Law firms and practitioners are invited to send in announcements of appointments, promotions, retirements or other information for this column. You may also send photos (preferably colour) in hard copy, on disk or by email in JPG format scanned at 300dpi. Items should be sent to LawTalk, DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, ph (04) 463 2982, fax (04) 463 2985, email editorial.lawtalk@lawsociety.org.nz. The usual editorial discretion applies.
PEOPLE
at Harvard Business School. He is a guest tutor in writing at Auckland University Law School, and a member of the Institute of Directors. Carol Robertson has joined Hauraki Gulf Law on Waiheke Island as an associate. Carol specialises in property law including residential and commercial dealings, resource management, trusts, wills and estates and employment law. Carol previously worked as Human Resources Manager for the National Heart Foundation of New Zealand.
Auckland District Court Judge Mark Perkins has been appointed a permanent Employment Court Judge and will take up his new position on 8 April. Judge Perkins was appointed to the District Court Bench in 1999, sitting in the general and jury jurisdictions. He was experienced in employment law before his appointment and served as a temporary Judge of the Employment Court twice – in 2006 and 2009. In his earlier legal career, he was a partner at Macalister Mazengarb and Cairns Slane before joining the partnership of Hesketh Henry in August 1993. He graduated with an LLB from Auckland University and an LLM from Victoria University. Andrew McRae has been appointed Crown Solicitor for Timaru. A partner of Gresson Dorman & Co, Mr McRae succeeds Tim Gresson. Mr Gresson has retired from the Crown Solicitor role but remains a partner of Gresson Dorman & Co. Mr McRae graduated from Canterbury University in 1999. Until 2007 he was employed with the Christchurch Crown Solicitor’s office, Raymond Donnelly. Mr McRae joined Gresson Dorman & Co in late 2007. He was appointed an associate in 2008 and partner in 2009. Retired lawyer Nick Davidson has been appointed to the Waitangi Tribunal. In issue 811 of LawTalk, Mr Davidson was described as a Christchurch barrister and a QC. We apologise for this error.
ON THE MOVE Kensington Swan has appointed Alastair Carruthers as chief executive. Mr Carruthers has more than 20 years’ experience leading and advising major New Zealand commercial organisations, including 13 years as chief executive at another large law firm. Mr Carruthers holds several governance roles and directorships including chair of the Arts Council and Creative New Zealand, and board membership of several public sector organisations, the Committee for Auckland and the Royal New Zealand Ballet. Mr Carruthers graduated from Victoria University, studied writing at North Carolina State University, strategic planning at Cornell University and professional services firm leadership
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LAWTALK 813 / 1 MARCH 2013
Baden Vertongen
Nicholai Anderson
Marina Mathews
Chen Palmer, public and employment law specialists, has appointed four new principals. Baden Vertongen has joined the firm as Principal – Māori Law. Baden previously worked at a large national law firm and has experience in Treaty of Waitangi settlement negotiations and post-settlement issues for Māori. Chen Palmer has also made three internal Blair Scotland promotions: Nicholai Anderson to Principal – Public Law, Marina Mathews to Principal – Education and Blair Scotland to Principal – Employment. Bill Dwyer has rejoined Lane Neave as managing partner. Bill is a member of the firm’s corporate and commercial team, specialising in mergers and acquisitions, Bill Dwyer Peter Orpin commercial contracts, securities law, financing and general day-to-day corporate advice. Peter Orpin has joined the firm’s Queenstown office as special counsel. Peter’s areas of expertise are corporate, commercial, retirement villages and dispute resolution. He has a particular interest in alternative dispute resolution procedures and is a LEADR-accredited mediator.
PEOPLE IN THE L AW Rebecca Wolt has been promoted to partner of Lane Neave. Rebecca will liaise between the Queenstown and Christchurch offices. Rebecca is a resource management and local government lawyer who represents local authorities, airport authorities, developers, various sectors of industry and individuals about plan preparation, designations, resource consents and other resource management related issues. Jane Walsh has been promoted to associate. Jane specialises in resource management, local government and Public Works Act issues. Based in Christchurch, Jane also assists with matters arising from the Christchurch rebuild. Nicky Robertson has been promoted to senior solicitor. Nicky is a part of the immigration team. Before joining Lane Neave, Nicky worked as a legal associate for the Appeal Authorities Secretariat and worked closely with both the Residence Review Board and Removal Review Authority. Nicky works with migrants and their prospective employers to obtain visas so they can assist with the Christchurch rebuild. Simpson Grierson has appointed Greg Allen a partner. Greg specialises in property law, overseas investment and development work. He has worked on many key development projects including the Stonefields development for Fletcher Residential, canal projects throughout New Zealand for Hopper Developments and Denarau Island, Fiji for Tabua Investments. Greg is based in Auckland. Brookfields Lawyers has promoted Tania Sharkey to senior associate. A specialist in family and relationship law, Tania has a particular focus on litigation and dispute resolution. She advises clients on all areas of family law with an emphasis on child law, including parenting orders, guardianship and adoption, child and spousal support, and Hague Convention advice. She also advises on protection of personal property rights, domestic violence and relationship property issues. Grimshaw & Co has appointed Michael Wolff an associate. Michael was admitted in 2009 and then gained general civil and criminal litigation experience in Gisborne and Auckland before joining Grimshaw & Co in 2011. Michael now specialises in resolving civil and leaky building disputes. Tim Lewis has joined MacDonald Bailey Law as an associate. Tim practises in a broad range of matters including commercial leasing and conveyancing, estate and tax planning, trust establishment and trust audits, estate administration, business sales and purchases, franchising and relationship property. LT
LAW FIRM NEWS Theodore Doucas and Jeremy Hunter have formed a new law firm, Zone Law Limited, specialising in intellectual property and business law. Theodore is a lawyer and former Assistant Commissioner of Patents, Trade Marks, and Designs at the Intellectual Property Office of New Zealand. Theodore ran his own successful intellectual property Theodore Doucas practice and is also a consultant for the intellectual property consultancy Zone Corporation (Zone IP and Trade Mark Zone). His particular specialty is Trade Marks prosecution and disputes. Theodore is a member of IPSANZ and INTA. Jeremy is a lawyer and a registered Patent Attorney and comes to Zone Law having run his own successful commercial practice, Hunter & Co, for 12 years. Jeremy Hunter Jeremy’s experience is across an extensive range of intellectual property, commercial and business law (including property, trusts, and alternative dispute resolution) with a speciality and particular interest in contract negotiations. Jeremy is also a member of NZIPA and IPSANZ. Also joining the firm as a principal consultant is Dianne Lester. Dianne has more than 22 years’ experience in litigation, debt recovery and security realisation, and Dianne Lester general civil, relationship property and estate law. She acts for retail banks, liquidators, secured creditors, government departments and debt collection agencies, as well as a variety of individual clients. Before joining Zone Law Dianne had been a partner of Maude & Miller in Porirua for 12 years. Meghan Pinfold joins the firm as a lawyer, having worked with Jeremy for 18 months before the formation of Meghan Pinfold the new firm. Her areas of work include conveyancing, wills and trusts, and general commercial and litigation. Zone Law Ltd is on level 14, 109-125 Willis Street, Wellington, Phone (04) 801 5040. LT
WELCOME TO THE PROFESSION
The New Zealand Law Society welcomes the following recently admitted lawyers to the profession. Dunedin Moira Mary Elizabeth Anderson Allan Douglas William Brent Karen Bernadette Culpeper Paul Robert William Ellicott Nathan Paul Graham Jane Marguerite Guthrie James Rawiri Meager Kieran Jon Miller
LAWTALK 813 / 1 MARCH 2013
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PEOPLE IN THE L AW
Distinguished visiting fellow The first President of the United Kingdom Supreme Court, Lord Phillips of Worth Matravers, is visiting New Zealand this month as the New Zealand Law Foundation’s 2013 Distinguished Visiting Fellow. Nicholas Phillips was educated at King’s College, Cambridge after completing national service with the Royal Navy. He was called to the bar at the Middle Temple in 1962. Made a QC in 1978, he became a Recorder in 1982, and was appointed a High Court Judge (Queen’s Bench Division) in 1987. He became a Lord Justice of Appeal in 1995 and a Lord of Appeal in Ordinary in 1999. Lord Phillips became Master of the Rolls in 2000 and Lord Chief Justice of England and Wales in 2005. He was the first Lord Chief Justice to be Head of the Judiciary when this role was transferred from the Lord Chancellor in 2006. Lord Phillips became the Senior Lord of Appeal in Ordinary (the senior law lord) in 2008 and the first President of the Supreme Court when it was established in 2009. He was President of the Supreme Court from 2009 to 2012 and is a Knight Companion of the Order of the Garter. Auckland University Law Faculty is hosting his visit. While in New Zealand, Lord Phillips is presenting a series of public lectures around the country.
Lord Phillips
He will deliver a lecture entitled The Supreme Court at Canterbury University Law School on 11 March, Victoria University Law Faculty at 5:30pm on 14 March and Auckland University Law Faculty at 5:30pm on 26 March. He will deliver a second lecture, entitled The Impact of Human Rights Act on Domestic Courts at Otago University Law Faculty at 5:30pm on 6 March, Waikato University Law Faculty at 5:30pm on 18 March and Auckland University of Technology Law School at 5:30pm on 21 March. LT
Serving NZ’s farthest-flung court New Zealand’s farthest-flung court, the Chatham Islands District Court sits four times a year, usually for just one day, unless a special sitting is required. When each sitting comes around, a District Court Judge, a court registrar, a prosecutor, defence counsel and a probation officer all catch a flight to the Chathams, usually the day before. The most recent court convened as this issue of LawTalk was being prepared, so we talked with the prosecutor and defence counsel who attended the final sitting of 2012: Principal Prosecutor Police Prosecution Mark Wilton and defence counsel Andrew Davie. “It’s a quaint little courthouse,” Mr Wilton says. “The police station actually has an office in the court.” In fact, both the police station and the courthouse are served by just one door. “The court sits every three months and deals with a wide range of matters. “It is a unique and interesting place to visit, but once you are in the courtroom, it is just the usual business that is done in any court throughout the country.” Much of the day’s court business, Mr Wilton says, is very much like the list court on the mainland. There can also be defended hearings, as long as the trial is before a judge. There were, in fact, two defended hearings at the court’s February sitting. Jury trials are held on the mainland. Apart from anything else, the small courthouse is not set up to accommodate a jury. Mr Davie is one of about half a dozen lawyers who look after hearings in the Chatham Islands, following a roster organised by Porirua lawyer Mike Antunovic. He has visited the main island of the archipelago a number of times over the last 10 years.
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Lawyers Andrew Davie (left) and Mark Wilton outside the Chathams Island courthouse. Photo:
“It’s great fun,” he says. “It’s enjoyable because it’s different. And it’s a gorgeous little courthouse.” The islanders are good to deal with, Mr Davie says, and there are quite a few sights. One is an “incredible walk” alongside the large lagoon in the middle of Chatham Island. Then there is the coast and Department of Conservation areas. There is time to take in the scenery, because quite often the list is finished by lunch time. The next three ordinary sittings of the court are scheduled for May, August and November. LT
From dropout to Doctorate
PROFILE
By RACHAEL BRECKON A high school dropout, Dr Hickey, who grew up in Taranaki, didn’t ever consider a tertiary education – let alone gaining a doctorate.
legal profession, and the need for supervision for the first three years before practising on own account, make it particularly difficult for disabled legal graduates to become solicitors, as they can find it harder to obtain employment than abled bodied graduates.
Dr Huhana Hickey can now claim to be the first Māori woman, second Māori and first disabled person to get a PhD in law from Waikato University.
“For me, it’s not simply about having things accessible. You can say ‘well the courtroom is accessible’ – it’s actually about inclusion,” Dr Hickey says.
“I didn’t actually think I would go to university,” she says. “It wasn’t something my family did. I was a girl. I was expected to get married and have kids.”
“So we need more disabled lawyers, for instance. We don’t have many and why? Because they are not being included by the legal fraternity.”
Instead, Dr Hickey became a nurse aid and then embarked on nursing training. But that was cut short because her multiple sclerosis started to show and she was not allowed to continue nursing training. So Dr Hickey had to look for other career options. With no School Certificate or University Entrance she was surprised to find herself accepted to Waikato University, where she initially started out studying psychology. The educational journey took hold, one thing led to another and Dr Hickey ended up studying law. She then went on to complete an LLM (with distinction) and a PhD in law and tikanga Māori. For her doctorate, she undertook a legal analysis exploring national and international treaties and perspectives from a Māori disability framework. Her study looked at traditional Māori views on disabilities or whānau hauā, which, she explains, translates to being more like family members with a unique difference than the English term disabled.
She cites her first fishing trip in three decades as an example of the difference between inclusion and accessibility. “I had never been on a boat in all [30 years]. The boat was fully adapted and it took 10 people in wheelchairs,” she says. Dr Huhana Hickey
Disability Association steering group caucus during the development of the United Nations Convention on the Rights of Persons with Disabilities, and is involved with the International Disability Association international networks. She also sits on the Human Rights Review Tribunal and is a practising lawyer.
Issues faced by disabled legal community The issues facing people with disabilities do not go away with higher education. In fact, Dr Hickey believes the
She also looked at how colonisation and Christianity have altered the way many Māori view disabilities in a contemporary context. Positioned with both academic and personal insight into the issues facing the disabled community and the indigenous disabled community, she runs workshops, speaks at seminars and writes articles on the issues faced by this sector of society. Dr Hickey was the indigenous peoples' representative for the International
“I caught four snappers, and I mean I am talking about doing something that’s normal for the first time in so many years, and I was just naturally included. So it wasn’t just about accessibility. It could have been accessible but they may not have wanted to include me.” Dr Hickey explains it is about a mindshift surrounding disabled people. “We are not just clients, we’re also practitioners. I would like to see a disabled judge. I would like to see a judge with disabilities wheeling up to the podium there, not always having non-disabled judges overseeing disabled cases,” she says. LT
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LAWTALK 813 / 1 MARCH 2013
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LAW REFORM REPORT by the Bill – the restriction on the right to legal representation in some Care of Children Act proceedings, and the $897 fee imposed for mandatory Family Disputes Resolution (FDR) – will make the Family Court less accessible, efficient and effective.
Recent submissions The Law Society recently filed submissions on: •
Education Amendment Bill
•
Companies and Limited Partnerships Amendment Bill – further consultation on clause 4, criminalisation of breaches of directors duties
•
IRD draft Interpretation Statement INS0117 – Income Tax: Residence
•
Proposed Unit Titles Amendment Bill – consultation
•
Criminal Procedure Legislation Bill
•
State Sector and Public Finance Reform Bill
•
Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill
•
Statutes Amendment Bill
•
Civil Pecuniary Penalties, Law Commission issues paper
•
Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Bill
•
Family Court Proceedings Reform Bill
Family Law Section chair Garry Collin says the Law Society supports the establishment of the new mandatory FDR service, in appropriate cases. “Parents should be encouraged to use the FDR service to resolve their disputes without the need to access the Family Court. “However, the $897 cost of FDR is a barrier that will mean that many parents who would otherwise be able to resolve matters with the assistance of qualified FDR providers, may not be able to access the service because of the cost.
Select committee hearings: The Law Society addressed the Local Government and Environment Committee on 31 January 2013, on the Heritage New Zealand Pouhere Taonga Bill. The submissions are available at www.lawsociety.org.nz/ publications_and_submissions/submissions.
Government’s proposed changes to Family Court will make it less accessible The New Zealand Law Society has filed its submission on the Family Court Proceedings Reform Bill to the Justice and Electoral Select Committee. The Law Society supports the streamlining of court processes to increase efficiencies and reduce cost and delay. However, it believes that two fundamental changes introduced
“These are the parents whose income is just over the eligibility threshold for legal aid, and who will not qualify for a subsidy,” he says. Unless proceedings start without notice, the Bill removes the right of parents in cases involving parenting and guardianship applications to choose to have legal representation at the early stages of court processes. Some parents will still be able to get legal advice and assistance outside of court for pre-hearing matters, but because the Bill also makes changes to the availability of legal aid, in most cases, it will not be available to pay for such assistance. Mr Collin says that legal assistance, support and representation should be available to everyone, regardless of their level of income. “If these changes are introduced, they will create greater inequalities between those who can afford legal advice and those who can’t.” Mr Collin says that requiring parents to represent themselves in the Family Court will lead not only to a significant increase in costs to the Family Court in terms of judicial and court staff time, but also social and consequent economic costs to society. Mr Collin says the Law Society was looking forward to
16+17 MAY 2013 NAPIER WAR MEMORIAL CONFERENCE CENTRE
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LAWTALK 813 / 1 MARCH 2013
L AW REFORM REPORT presenting its submission before the select committee, and engaging with the Minister of Justice to find solutions to the concerns it has raised.
Heritage Bill direction supported The New Zealand Law Society says it supports the overall direction being taken by the Heritage New Zealand Pouhere Taonga Bill. The Bill replaces the Historic Places Act 1993 and is being considered by Parliament’s Local Government and Environment Committee. Law Society Environmental Law Committee member Phil Page presented the submission to the committee. He said the Law Society particularly supports changes to the archaeological authority process to align this with the Resource Management Act 1991 and the introduction of new emergency authorities after the Christchurch earthquakes. The submission looks at a number of specific matters contained in the Bill and recommends some changes aimed at making it better achieve its purposes, plus a number of technical suggestions relating to archaeological sites, registration of historic places, historic areas, wāhi tapu and wāhi tapu areas. The explanatory note to the Bill says it re-balances heritage values against values associated with private ownership. While the purpose and principles set out in clauses 3 and 4 of the Bill carefully describe a range of reasons for the preservation of heritage resources, the Law Society says they provide no recognition that there are competing, or even conflicting, interests in historical and cultural heritage resources in New Zealand. “The experience of practitioners in this field is that such conflict does exist (and is acknowledged by Part 3 of the Bill), and accordingly it should be recognised by the purpose and principles of the legislation. “The purpose and principles of the Bill, which are focused on conservation and preservation, do not give statutory support to decision-makers to authorise ‘harm’ to an archaeological site. It is submitted that the exercise of some functions under the Bill, for example granting archaeological authorities, would be assisted by the purpose and principles of the Bill recognising that competing values and interests are held in the heritage and historical resources of New Zealand,” Mr Page said.
Law Society seeks full review of unit titles disclosure regime The legislation and regulations covering the disclosure regime for unit titles must be completely redrafted rather than amended piecemeal, the New Zealand Law Society says. The Law Society says various serious unforeseen problems have emerged since the Unit Titles Act 2010 and the Unit Titles Regulations 2011 came into force. In a submission to the Ministry of Business, Innovation and Employment (MBIE) on a proposed Unit Titles Amendment Bill, the Law Society says amendments to the Act and Regulations are required as a matter of priority. The Law Society urges that the proposed full evaluation of the Act and Regulations be undertaken without delay. The Law Society wrote to the Minister for Building and Construction in February 2012 about the required amendments. It says these are needed to ensure that
compliance with the unit titles regime is achievable, without undue cost to unit owners. In its submission to MBIE, the Law Society says it does not support a proposed amendment for disclosure statements. A full review is recommended. “The whole philosophy of the disclosure regime, as well as its purpose, has been lost as a result of the poorly drafted part of the Act and the Regulations,” the submission says. The Law Society says the philosophy of the disclosure regime is consumer protection. However, the current disclosure regime does not achieve this. The submission supports a number of the proposed amendments, but finds a number of problems with other proposals, including changes to recording of layered unit title developments, assessment of utility and ownership interests, body corporate decision-making provisions, and payment of ground rental.
Coming up The Law Society is currently preparing submissions on numerous bills and Government discussion documents. Members are welcome to contribute comments to the Law Reform Committee, specialist committees and sections preparing the submissions. For a full list of upcoming submission deadlines and information about how to participate, visit http://my.lawsociety.org.nz/law_ reform/work_in_progress. For more information on Law Society law reform activities, contact vicky.stanbridge@ lawsociety.org.nz. LT
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LAWTALK 813 / 1 MARCH 2013
15
SECTION NEWS PROPERTY LAW SECTION
CLANZ IN-HOUSE LAWYERS
NEW ZEALAND LAW SOCIETY
NZLS EST 1869
The Property Law Section is confident its draft submissions on the Unit Titles Amendment Bill consultation and on the Statutes Amendment Bill will, if accepted, have a positive effect on the Unit Titles Act 2010. Property Law Section manager Jennifer Chowaniec said both bills make technical changes to the piece of legislation. “Parts of the Act are unclear, which can make it difficult to comply with the law. We’ve been trying to have amendments made to the Act and the associated Regulations for some time. “However, the Property Law Section does not support some of the proposals in the Unit Titles Amendment Bill and a complete reform of the disclosure regime, for example, is preferable to piecemeal amendments.” Ms Chowaniec says the Ministry of Business, Innovation and Employment is proposing a more thorough review of the Act at the end of the year. “We would be keen to see that happen as a matter of priority. We will definitely make a submission on that review.” The Property Law Section has also assisted Land Information New Zealand (LINZ) with the launch of their self-assessment questionnaire pilot scheme. Lawyers are required to keep various documents relating to land transactions and to follow certain processes during land registration. LINZ undertakes audits in law firms to review which documents have been kept as well as which practices are being followed. LINZ does between 12 and 16 audits a year and the results show that firms which have been audited tend to have better practices, so LINZ wants firms to conduct their own selfaudit. Ms Chowaniec says the section’s Land Titles Committee had input into the development of the questionnaire and the section has endorsed the pilot project. “Twenty-five firms have been selected by LINZ to take part. The firms get a two-week period to complete the questionnaire and we would expect to get some results in early March”. The section plans to meet with LINZ to see whether this project has encouraged firms to look at their e-dealing practices. “The questionnaire can be developed into a series of checklists. It’s a really easy way for firms to make sure that each transaction meets the requirements and follows best practices.” If successful, the pilot could be rolled out to all firms.
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NZLS EST 1869
CLANZ has opened registrations for its 26th annual conference Agents of Influence, which will be held on 16 and 17 May at the Napier War Memorial Convention Centre. CLANZ Conference Director Sarah Gillies says the conference will explore the influential role in-house lawyers play within their organisations. “The conference will provide highly relevant sessions and workshops tailored for in-house practice that combine inspirational speakers and practical topics. The event is also a perfect opportunity to network with and learn from other inhouse lawyers throughout the country, whether between the conference sessions or at the excellent social functions that form part of the conference programme,” she says. Leading in-house lawyers including Solicitor-General Mike Heron, Brigadier Kevin Riordan, Andrew Brown, Debra Blackett, David Matthews, Mark Patchett, Rupert Ablett-Hampson and Lucy Riddiford will share their expertise throughout the two-day event. Ms Gillies says the conference will include “two fantastic evening functions which will give delegates the opportunity to embrace their inner 007 or Agent 99”. The Thursday night function will be held at Black Barn Vineyards and a gala dinner and awards ceremony will be held on Friday evening. Capacity is limited so go to www.clanzconference.org.nz to register.
FAMILY LAW SECTION
NEW ZEALAND LAW SOCIETY
NZLS EST 1869
When LawTalk went to press, the Family Law Section was awaiting the select committee hearing after drafting the Law Society’s written submission on the Family Court Proceedings Reform Bill. The submission was filed on 13 February and the section hopes a number of its proposed amendments will be adopted. The bill is likely to pass in July this year and be brought into force on 1 October. The section believes that two fundamental changes introduced by the bill – removing the right of parents to choose to have legal representation in some court processes, and the $897 fee imposed for mandatory Family Disputes Resolution (FDR) will make the Family Court less accessible, efficient and effective. Section manager Kath Moran says the section was made aware of the proposals when Justice Minister Judith Collins announced the reforms in August last year.
THE BOOKSHELF BOOK OF THE MONTH
BUILT FOR JUSTICE: Visits to old North Island Courthouses By Terry Carson Beautiful colour photographs of 61 old courthouses around the North Island are supplemented with an account of the history of each. Interesting anecdotes and stories place each courthouse in its social setting and show how important the courthouse has been as a focal point in New Zealand communities. The author is a retired lawyer. The book will be reviewed in a later issue of LawTalk. (Alibi Press, February 2013, 978-0-473230-82-1, 176 pages, hardcopy, $50 (GST incl, p&h excl)). ACCIDENT COMPENSATION LAW By Doug Tennent University of Waikato law lecturer Doug Tennent undertakes a critical analysis of New Zealand’s accident compensation scheme. Starting with an outline of the history of the scheme, his book then gives a detailed examination
While the section acknowledges that the Bill may impact on Family Court lawyers, its greatest concerns are for the parents who need access to the Family Court to settle disputes about care arrangements for their children. Legal aid will not be available for parents to obtain legal advice before or during the new FDR process or until the point of a final hearing, in most cases. This will result in an inequality of arms between those who can afford to seek and obtain legal advice (even if they are not able to be represented in the Family Court) and those who cannot. Ms Moran says the section has worked
of all the various components, including cover, entitlements, special types of injury, appeal and review, and medical opinion. In the final chapter he highlights a number of concerns with the current regime. (LexisNexis NZ Ltd, February 2013, 978-1-927183-30-4, 395 pages, paperback and e-book, $172.50 (GST incl, p&h excl)). NEVILL’S LAW OF TRUSTS, WILLS AND ADMINISTRATION, 11TH EDITION By Nicky Richardson The author’s intention is to continue the approach of the earlier edition authors Julie Maxton and Philip Nevill by providing a concise guide to the law of trusts, wills and administration in New Zealand. The 10th edition was published in 2010. The law is stated as at 6 November 2012. (LexisNexis NZ Ltd, January 2013, 9781-927183-77-9, 620 pages, paperback and e-book, $149.50 (GST incl, p&h excl)). THE INTERNATIONAL SALE OF GOODS, 3rd EDITION By MG Bridge Professor Bridge’s book is in two parts, the first looking
tirelessly since October 2010 when the government first indicated it would be reforming the Family Court. “We have prepared detailed papers to present at a symposium at Parliament in June 2011, which the then Minister of Justice Simon Power and Ministry [of Justice] officials attended. Numerous section members were involved in preparing a substantial submission on the Ministry’s discussion document in March last year. A group established to prepare this submission has worked extremely hard and under very tight timeframes. “Members of the section’s executive have attended countless meetings and
at international sales governed by English law, and the second at international sales governed by the UN Sales Convention 1980. The book includes standard forms used in practice and critically evaluates the law in a commercial context, with a focus on trends and changes. MG Bridge is Cassel Professor of Commercial Law at London School of Economics. (Oxford University Press, January 2013, 978-0-199658-24-1, 848 pages, hardback, £225 (p&h excl)). INTERNATIONAL HANDBOOK ON UNFAIR COMPETITION Edited by Frauke Henning-Bodwig Authors from around the world survey and comment on the unfair competition laws of 21 leading economies. Each chapter follows a standard format, summarising the general approach to unfair competition law, its legal basis, and how each country’s unfair competition laws fit with wider considerations of consumer protection and intellectual property and competition law frameworks. There is an essay on Australia, but none for New Zealand. (Hart Publishing, January 2013, 978-1-849463-68-3, 600 pages, paperback, £214 (p&h excl)). LT
workshops with ministry officials in an effort to inform them about the Family Court, its processes and the important roles that professionals, including family lawyers, play. “It really has been a team effort and section members have strongly supported the section’s executive throughout this time. We are also grateful to the many section members who have written individual submissions to the select committee,” says Ms Moran. The section will continue to advocate for the rights of parents to have legal representation and access to a court that is available and responsive both to their needs and the needs of their children. LT
LAWTALK 813 / 1 MARCH 2013
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EFFECTIVE PRACTICE Survey finds pros and cons in practice outside main centres The work-life balance offered to lawyers who practise outside New Zealand’s largest population centres is highly valued. At the same time, there is evidence that a significant proportion have seen fee income decline or remain the same over the last two years. These are two of the findings of a survey of non-metropolitan lawyers carried out in October/November 2012 for the New Zealand Law Society by legal practice consultants Ashley Balls and Simon Tupman. The survey was sent by email to over 2,500 lawyers who practise outside the Auckland, Hamilton, Wellington/Hutt and Christchurch urban areas. These four centres contain 53.3% of New Zealand’s population and 77.0% of all New Zealand-based lawyers.
When asked to choose factors which they believed were constraining business development, the responses indicated that the most common concerns centred around internally generated impediments to success and not exogenous influences.
“Which of the following are constraining the development of your practice?” Factor
Proportion selecting
Inability to increase prices despite rising costs
58.9%
Declining socio-economic profile of immediate client catchment area
33.5%
Increased time spent on WIP and debtor management
32.7%
Difficulty in recruiting quality staff
31.0%
Survey participants were asked to select any or all of a number of statements that reflected their personal views of working in provincial New Zealand.
Lack of collegial contact with peers
20.4%
Difficulty in retaining quality staff
16.2%
“Which best reflects your view of working in a provincial or rural location?”
Underinvestment in facilities/ resources
15.1%
Difficulty in accessing CLE/CPD
13.4%
Difficulty in implementing effective remuneration policy for partners and authors
13.4%
Population decline
10.3%
Difficulty in managing conflicts of interest
8.4%
Time spent travelling to see/ meet clients
7.5%
There was an 18.1% response rate (466 replies), giving a margin of error of 4.1%.
Factor
Proportion selecting
Provision of an enviable work-life balance
74.9%
Family friendly environment
60.7%
It provides a degree of variety my “city” cousins can only dream about
49.3%
Being part of a community compensates for other shortcomings
42.0%
It is becoming increasingly less economically viable
26.9%
Access to quality secondary education makes this a difficult option
4.2%
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LAWTALK 813 / 1 MARCH 2013
used by practices. Almost half the respondents did not have an annual budget and even after the publicity given to data loss problems from the Christchurch earthquakes, only 48% used off-site data back-up.
Resource use: “Which do you have and/or use?” Resource
Proportion selecting
Commercial document destruction services
53.0%
An annual budget
51.9%
Off-site computer back-up service
48.1%
Off-site archiving
39.0%
A business plan
34.5%
A marketing plan
29.4%
A strategic plan
23.6%
A succession plan
17.1%
A business mentor
11.4%
Don’t know
17.9%
When asked about income, over 40% of respondents in private practice indicated that they had had no increase in fee income over the past two years. One-third reported an increase in fee income, while 25.7% answered “don’t know”. The responses showed that smaller law firms where fees have been static or fallen are in smaller towns.
Fee growth or decline over the last two years Fees
Proportion selecting
Consultant Ashley Balls says a number of these responses give rise to some concerns about future profitability.
Fallen
25.0%
Remained the same
16.4%
Risen
32.8%
“When nearly 60% acknowledge that prices are frozen, costs continue to rise, overheads have been trimmed and the number of lawyers continues to grow, it can only spell one thing: lower margins and profits for distribution,” he says.
Don’t know
25.7%
The survey also looked at resources
Participants were asked to report whether fixed and variable costs had risen or fallen faster than fee income over the last two years. Over one-third of respondents reported costs rising faster than fees. A high proportion
EFFECTIVE PR ACTICE selected “don’t know” and this may have indicated an unwillingness to provide this information.
Rising costs in comparison to fee income over past two years Costs
Proportion selecting
Risen
34.9%
Fallen
27.0%
Don’t know
38.1%
When asked to identify the three most significant economic factors having an impact on their practice, salaries and wages for both professional staff and for support staff were selected by a much higher proportion than for any other factor. Respondents were also given the chance to list other factors, and “legal aid” was the most recorded “other”.
Factors with most significant impact on practice in past two years Economic Factor
Proportion selecting
Salaries and wages – professional staff
50.5%
Salaries and wages – support staff
47.8%
Increased competition from other law practices
30.4%
Increased premises costs
26.2%
Library subscriptions
22.3%
Post and telecommunications charges
21.1%
Loss of work to other professions/institutions
19.6%
Public utilities (electricity/ gas/water)
11.3%
Declining local population
10.8%
Increased local authority rates
7.8%
Ashley Balls says many of the answers clearly point to changes in the way lawyers will do business in the future. “Very high levels of access to broadband will enable the tools that are becoming commonplace overseas being adopted here. There are no quick fixes, but affordable options are fast becoming available that enable lawyers to reduce the ‘cost of sales’ and in some cases to dramatically improve the margin. To quote law firm management guru David Williams in an article in The Economist on 2 February 2013: ‘The question “are you a business or a profession?” is nonsense. You’re both’.”
Pricing “stock-take” recommended How to best manage pricing is a question which has no definitive answer across all industries. A vigorous discussion on legal services pricing has been going for some time around the world and looks like continuing. In New Zealand, the survey of lawyers practising outside the main population centres asked participants to indicate their primary basis for charging. Of those who responded, 67.4% used time-based billing, 19.1% value-based and 13.5% a fixed price. New Zealander Richard Burcher, with over 30 years’ experience as a lawyer and now a London-based consultant on legal pricing for his company Validatum, says that working out how to start a review of a law firm’s pricing is a bit like the elusive end of the ball of twine: where to start? Mr Burcher says lawyers who seriously want to review their pricing policies should focus on three broad areas:
(1) Pricing governance and policy He says firms need to debate and reach a consensus on a number of things. These include: •
a shared and consistently implemented approach to pricing;
•
pricing policies that are well understood and universally enforced;
•
whether the firm finds turnover or profit more important (“you may think the answer obvious but not so”);
•
whether pricing is linked to the firm’s intended market position. “Firms claim a certain market position vis-à-vis quality of advice and service and then price below that, and in so doing, undermine the firm’s brand and all its marketing and business development efforts,” he says;
•
poor or non-existent induction training on pricing;
•
misaligned reporting dashboards; and
•
the extent of pricing autonomy among the firm’s authors.
(2) Pricing analytics and reporting Mr Burcher says practice management software has historically provided plenty of data. However, data on its own is largely useless unless it provides actionable insights. “Mutual pricing information asymmetry between lawyers and clients is the norm. Fixed fee arrangements particularly suffer from poor realisation rates due to lack of historical analysis.”
(3) Pricing skills, resources and pricing execution Producing a comprehensive list of things to consider under this heading “would look like most firms’ current client care tomes”, he says. However, some of the key things which need to be discussed in any review of pricing include the following: •
What is the state of authors’ price negotiation skills? How aware are they of the many pricing strategies and tactics which are available. If the answer is “low” or “poor”, the result is often pricing which is a poor fit for a particular client.
•
What is the state of the firm’s pricing collateral, templates, pricing precedents and infographics?
•
How does your client engagement letter and pricing documentation stand up? Mr Burcher says this often focuses on regulatory compliance, but frequently falls at the hurdle when it comes to providing “with clarity and without equivocation”, answers to clients’ most basic questions. How well can your firm answer this: “What are you going to do for me, who is going to do it, when will it be done by, and how much will it cost?”
“It’s obvious that all the many issues around pricing can’t be tackled overnight or simultaneously. Which issues are picked off, and in which order very much depends on the precise status of pricing in a firm at any given point in time,” Richard Burcher says. “There simply isn’t a one-size-fits-all answer to that question.” LT
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IN-HOUSE Consider nominating an in-house lawyer Each year CLANZ presents four generous award prizes at its annual conference, thanks to the support of its award sponsors. Nominations are now open in each category and CLANZ encourages all organisations and law firms to think about nominating the in-house lawyers they work with. The three personal awards come with training and development funds or resources worth $5,000 each and the community award gains $7,000 for the community organisation. The winner of last year’s CLANZ-MAS Young In-house Lawyer of the Year Award, Yazmin Juned of Housing New Zealand Corporation, is encouraging other young lawyers to seek nomination themselves, or to nominate others. “The CLANZ award gave me a fantastic opportunity to further my career and also to do a better job for my employer Housing New Zealand,” Ms Juned says. “I took the role as in-house legal advisor at Housing New Zealand because I wanted to make a meaningful and tangible contribution to the public sector. The $5,000 award from MAS has helped me by providing me with the funds to take up a place at Warwick Business School to study for an MBA.” She plans to use the skills gained from the MBA when she returns to Housing New Zealand next year. “I’m incredibly privileged to work in the public sector and I’m looking forward to using and sharing what I’ve learned when I return in a year’s time.” Ms Yuned’s manager, Bruce Riden, says he’s looking forward to working with her after her study. “Yazmin was already a highly skilled and trained lawyer who managed to maintain empathy and compassion. These unique qualities in combination are hard to find and we are very much looking forward to seeing how completing her MBA will augment those
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skills when she returns.” Lexis-Nexis Private Sector In-House Lawyer of the Year, Victoria Spackman of Gibson Group, is currently using her prize money for executive coaching which she says has been a great source of inspiration. She has also used some of the fund more widely for team training. “I would encourage people to nominate or be nominated,” Ms Spackman says. “The prize comes with peer recognition and it’s a chance to use someone else’s money to focus on your own and your team’s development. That’s a rare and worthy opportunity.” Ms Spackman generously donated the LexisNexis resources component of her award to Community Law Centres Aotearoa. Bronwyn Arthur, chief legal advisor at Canterbury Earthquake Authority, won the 2012 Chapman Tripp Public Sector In-House Lawyer of the Year Award. During 2012 the CERA legal team of seven solicitors was established with people from both the public and private sector. They had not worked together before and came into a new organisation without an established framework or resources. Ms Arthur is conscious that the Canterbury Earthquake Recovery Act 2011 is due to expire in April 2016, so it is important for the team to look towards their future career and personal development after this date. The $5,000 received from Chapman Tripp is being used to fund the CERA legal team to participate in a development programme to realise potential for themselves, for the team and for CERA generally. 2013 is the year of rebuilding in Christchurch and, thanks to the award, the CERA legal team is starting with its own rebuilding and re-energising and through that, assisting CERA and the greater Christchurch community. “I was very pleased to receive the award from CLANZ and Chapman Tripp but
at that time considered it to be mainly a recognition of the incredible situation in Christchurch and the work of CERA,” Ms Arthur says. “Since then I have been astonished and humbled at the large number of people who have gone out of their way to offer me their personal congratulations. The support of my peers was an unexpected bonus which has helped me through some of the more difficult issues over the last year.” Cameron Madgwick of Contact Energy became a two-time winner of The Wigley & Co Community Contribution Award when the 2012 trophies were handed out. Mr Madgwick won this award, presented annually to “an in-house lawyer who has made an outstanding contribution to the community beyond their day job”, for his work with Community Law Centres Aotearoa (CLCA). Mr Madgwick has been involved for 16 years with community law centres, helped set up the governance framework to bring the 26 centres into one national organisation and now chairs that national body. “It is great to see Cameron honoured in both 2009 and 2012, as community law couldn’t survive without the enormous voluntary contribution of lawyers like him,” CLCA chief executive Elizabeth Tennet says. Mr Madgwick thanked Wigley & Company for the $7,000 that comes with the award and donated it to CLCA where it funded a community mediation training course for CLC lawyers. All in-house lawyers, their organisations and private practitioners are encouraged to reflect on those inhouse lawyers who have demonstrated excellence in their roles or in their community involvement and to nominate them at www.clanzonline. org. LT
PR ACTISING WELL Sleep can reduce stress levels By FRANK NEILL One picture of a lawyer is staying up until all hours working.
lowering tactics can help improve your quality of sleep.”
That may involve staying up night after night preparing for litigation − the cross-examination the next day, the submissions to the judge, the address to the jury. It may be working long hours on some matter, such as a commercial transaction.
And that sentence brings us to the second part of the two-way relationship between sleep and stress.
That is a necessity of life for many lawyers. Working long hours is stressful enough, but when it cuts into usual hours of sleep, stress levels will go up higher. For some lawyers, the long hours may not translate into a long-term stress problem. But for some, it will. Stress and sleep have a two-way relationship. High stress levels can make sleeping more difficult. They can even lead to sleep disorders. At the same time, getting a good night’s sleep can help reduce the effects of stress. “Many things that we take for granted are affected by sleep,” says Dr Raymonde Jean, director of sleep medicine and associate director of critical care at St Luke’s-Roosevelt Hospital Center in New York City. “If you sleep better, you can certainly live better. “Sleep can definitely reduce levels of stress,” she says. “With that, people can have better control of their blood pressure. It’s also believed that sleep affects cholesterol levels, which plays a significant role in heart disease.” “A good night’s sleep allows you to tackle the day’s stress easier,” according to the Sleep Disorders Health Centre on www.webmd.com. “When you are tired, you are less patient and easily agitated which can increase stress. Most adults need 7-8 hours of sleep per night. Practising good sleep hygiene along with stress-
The first part is that good sleep can reduce stress. The second part is that stress can reduce the quality or even the ability to sleep. “Stress causes insomnia by making it difficult to fall asleep and to stay asleep, and by affecting the quality of your sleep,” says Dr Neil Kavey, director of the Sleep Disorders Center at The New York-Presbyterian Hospital in New York City. “Stress causes hyperarousal, which can upset the balance between sleep and wakefulness. Nevertheless, many people under stress do not have insomnia.” If you are not sleeping well, whatever the cause, it is important to get on a good programme – one that pays attention to periods of relaxation. Dr Kavey suggests three steps: First, set your bedtime and your wakeup time according to the number of hours of sleep you are getting currently. For example, if you are sleeping only five hours a night (even though you usually plan to spend eight hours in bed), set your sleep time for that amount. Then gradually increase the amount of time allotted for sleep by 15 minutes or so every few nights. The idea is to “squeeze out” the middle of the night-time awakening and gradually increase the amount of sleep you will get during the night. Second, spend some time “winding down.” A person with insomnia needs a “buffer zone,” a period of time to allow the activating processes in the brain to wind down and to allow the alerting mechanisms to decrease their activity so that the sleep systems can take over. “I suggest that you start winding down two hours before bedtime. Stop all
work and end phone calls to family and friends, as often they are activating. Watching television is all right in the evening. However, an hour before bed, I recommend reading or listening to music.” Finally, focus on conditioning yourself for different sleep behavior. Insomnia is painful for people. It can take control of their lives. When someone suffering from insomnia walks into their bedroom, they often feel anxious, uncomfortable and tense, as they know from their experience that they might spend the night tossing and turning. They need to set up a situation so that they like going to their bedroom. The bedroom should be visually pleasing and very comfortable. One should use the bedroom only for sleep, sex, and changing clothes – pleasant activities. If awake in the night, one should leave the bed and bedroom and spend “unpleasant” times awake in another room. “Waking” activities such as working on the computer, talking with one’s partner, talking on the phone and watching TV should take place out of the bedroom. “It’s important to recognise that transient insomnias are very common,” Dr Kavey says. “A night or two of insomnia may not be much of a problem for most people. But if insomnia persists for days and has an impact on the way you feel during the day, you should think about speaking to your doctor.” This is the third in a series about the stress-busting effects of three things: exercise, good nutrition and sleep. An interesting and important fact is that these three have been proved to also be beneficial for depression, heart health, diabetes, general well-being … the list goes on. LT
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BRANCH NEWS OTAG O
Quiz 2013 This year’s New Practitioners Annual Quiz, held on 18 February at the Hill Restaurant at Shiel Hill Tavern, attracted 16 teams. Some hard-fought rounds ensued, with jokers being played at pivotal times. Winning the event by three points, with a total of 96, was Les Quizerables from Gallaway Cook Allan. We Can Sleep (with a very jetlagged member on board) was second and Paul’s Sacrifice was third. Pee Gees won the best name competition while The Accused won the wooden spoon. The branch says a big thank you to the organisers, Kate O’Boyle and Joanna Rolfe, who made the night an enjoyable evening of collegiality, and to MAS and LexisNexis for their generous sponsorship.
G ISB O R NE
Accountants v lawyers The accountants’ and lawyers’ bowls day will be held at the Gisborne Bowls Club, beginning at 4pm. Although the challenge between the two professions is entitled Accountants v Lawyers, the event is open to anyone from a law firm, including legal executives and administration staff. Entrants do not need to wear the traditional white clothing, although
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LAWTALK 813 / 1 MARCH 2013
The winning team at the Otago quiz night (from left) Chris Timbs, Jonathon Broadbent, Isabella Broadbent, Diccon Sim and David Robinson.
people need to wear flat-soled shoes to avoid damaging the greens. Jandals and bare feet are fine too. People can register from 3:30pm on the day, by emailing gisborne@lawsociety. org.nz or by filling out the registration form on the Gisborne branch page on the my.lawsociety website.
S O U T HL A ND
Annual meeting The Southland branch is holding its annual general meeting at 5:15pm on 8 March at the Southland Bowling Club. Electing a new branch president will be one of the agenda items as the current president, Tegs Burt, is standing down,
although he will remain on the branch Council. Following the AGM, the branch is holding its “Summer Spree” at 7pm. This will be a barbecue and a game of bowls.
Career development The branch is holding a seminar on career and organisational development at 1pm on 25 March at the Invercargill Courthouse. The presenter will be Ivan Hodgetts, who is President of the Career Development Association of New Zealand. Mr Hodgetts is also involved with career and organisational development at Work Life Logic and is the project support and policy advisor at Hokonui Runanga.
BR ANCH NEWS Mr Hodgetts has eight years’ experience in career development. In that time he has been involved in national projects to develop career education policy and practice alongside a broad role in providing career guidance. This has included responsibility for working with schools, regional support for migrants, refugees and youth and the provision of vocational assessment and rehabilitation services.
EQC seminar The branch is holding a seminar on EQC at 5:15pm on 10 April at the Invercargill Courthouse. The presenter will be Giselle McLachlan, who recently stepped down as a Commissioner of the Earthquake Commission. A Gore lawyer, Ms McLachlan’s specialties are governance and project leadership, common sense clear legal analysis, change agent and developing people. EQC is the New Zealand Government agency providing natural disaster insurance to residential property owners.
A U CK L A ND
Applying the law Hong Kong’s Chief Justice Geoffrey Ma Tao-li will be the speaker at the Auckland branch lunchtime seminar at 12:30pm on 7 March.
Dr Tom Mulholland addressing the first Auckland branch seminar for 2013.
Healthy thinking The first Auckland branch seminar for 2013 proved very successful event with 60 lawyers attending on 13 February.
She spoke on the importance of reputation, which begins before you start your working life, and networking being a critical component in one’s career pathway.
Dr Tom Mulholland spoke on The Power of Healthy Thinking to change your attitude and your life.
Westpac hosted the event, which was organised by Allan Boot, the bank’s Business Development Manager.
Those attending heard Dr Mulholland’s advice in relation to stress management for busy professionals. It was a very practical talk with many take home tips. There was terrific feedback from audience and a queue at the end of the session waited in line to ask Dr Tom further questions.
The event was fully subscribed by both lawyers and accountants and there was great feedback on survey questionnaires. Lawyers attending say they are keen for similar events in future.
Dr Mulholland is an emergency department physician at Auckland City Hospital, CEO Coach, TV and Radio Talk show host, and author of Healthy Thinking.
This is the second lunchtime seminar in the series for 2013, and will be held at the new New Zealand Law Society Function Room, Level 5, WHK Tower, 51-53 Shortland St. Chief Justice Ma was appointed Chief Justice of the Court of Final Appeal on 1 September 2010. He joined the Hong Kong judiciary as Judge of the Court of First Instance of the High Court in 2001. He was appointed Justice of Appeal of the Court of Appeal of the High Court in 2002, and Chief Judge of the High Court in 2003. His topic will be The practical application of the law in Hong Kong: practice and the courts. Lunch and refreshments will be served, and the cost is $20. Reserve your seat online at http://bookwhen.com/ nzlsauckland on or before Tuesday 5 March. For more information contact Glenda Macdonald, glenda.macdonald@ lawsociety.org.nz, phone (09) 304 1008.
W EL L IN G TO N
China Law Society visit Delegates of the China Law Society are visiting the Wellington branch on 25 March. Lawyers who would like to meet the delegates over an early morning tea (9:30-11:30am) can register their interest now and the branch will send you a programme and list of delegates when they become available.
Sarah Lemkus, Sam Lemkus and Michelle Moriarty at the Young Professionals Networking event.
Reputation is important
Discussion is usually wide-ranging but will centre on the legal education system in New Zealand and will probably feature foreign investment protection. To register your interest email wellington@lawsociety.org.nz.
An NZLS Auckland Young Lawyers event, called Young Professionals’ Networking, Take 2, featured a presentation to young Auckland lawyers and accountants on reputation on 7 February.
YLC welcome
The guest speaker was Mariette Van Ryn, a member of Westpac’s executive team and Westpac General Manager of Regulatory Affairs and General Counsel New Zealand.
The first hundred people to arrive will receive two complimentary drinks and further drinks will be subsidised. Finger food will be provided. LT
The Young Lawyers Committee is welcoming in 2013 with after-work drinks at 5:30pm on 7 March upstairs at the Chicago Bar.
LAWTALK 813 / 1 MARCH 2013
23
UPCOMING PROGRAMMES Programme
Presenters
Content
Where
When
Equitable Remedies
Dr Andrew Butler Jessica Palmer
This seminar provides a useful review of the concepts and explains recent developments. The focus Dunedin will primarily be on equitable remedies but the seminar will start with a discussion of important equitable Christchurch duties that give rise to such remedies. It will also cover some common equitable defences. Wellington Auckland
8 Apr 9 Apr 18 Apr 19 Apr
Webinar for smaller centres.
18 Apr
CIVIL
Advanced Litigation Skills
Director: Jan McCartney SC
Webinar
Aimed at practitioners with at least 6-10 years’ litigation experience (either criminal or civil) this five-day Wellington non-residential programme follows the same methods that have proved so successful in the basic level NZLS Litigation Skills Programme. The advanced course builds on the skills developed in the basic level programme and enables participants to work on a case that requires a mastery of many legal and factual issues with a heavy reliance on experts.
9-13 Jun
COMMERICAL/COMPANY Takeovers Code – an overview
Margaret Bearsley
Margaret Bearsley, the Chief Executive of the Takeovers Panel, will provide a high level overview of the Code and will focus on corporate transactions and shareholder action or inaction that can raise Code issues. Your attendance will enable you to recognise situations that may mean the Takeovers Code needs to be factored into your advice to clients.
Introduction to Company Law
John Horner Ben Johnston Andrew Leete Mark Odlin Graeme Switzer Daniel Wong
This practical “transaction” based two-day workshop will equip you with the knowledge and Auckland understanding to deal with the purchase, establishment, operation and sale of a business. Wellington Christchurch
Introduction to Criminal Law Practice
Noel Sainsbury
This practical two-day workshop will cover the fundamentals of being an effective criminal lawyer. You will gain essential skills to enable you to advise your clients about the range of available law-based resolutions which may apply to them and then learn how to put those skills into practice. This workshop is important for all practitioners wanting to be appointed to level one of the Criminal Legal Aid list, and those recently appointed to level one.
Wellington Auckland
18-19 Apr 22-23 Apr
Criminal Procedure Act Intensive
Chairs: Judge Bruce Davidson or Judge Chris Harding
This Act introduces the biggest change to criminal procedure in 50 years. Plan now to attend the intensive.
Dunedin Christchurch Wellington Hamilton Auckland
21 May 22 May 23 May 28 May 29 May
Webinar
19 Mar
13-14 May 27-28 May 6-7 June
CRIMINAL
Crown Solicitor Network
Duty Solicitor Training Programme
Centre
Intro
Asssessment
Practice Court
Duty solicitors are critical to the smooth running of a District Court list. Here is a way to gain more of the knowledge and skills you need to join this important group. You will: • complete pre-course reading on the key tasks of a duty solicitor • learn about penalties, tariffs and sentencing options • observe experienced duty solicitors (5 x ½ days) • develop your advising skills by working through a series of realistic scenarios • sit an open book examination • practise and improve your advocacy skills • make critiqued appearances as a duty solicitor at a practice court • be observed and assessed while appearing as a duty solicitor (a full day)
Christchurch Timaru Wellington Nelson Auckland Gisborne Hamilton Tauranga Rotorua Dunedin Invercargill Wellington Whanganui Hawkes Bay New Plymouth Palmerston North Manukau Whangarei
8 March 1 March 22 March 22 March 12 April 12 April 19 July 19 July 19 July (noon) 2 August 2 August 16 August 9 August 16 August 16 August 16 August 13 September 13 September
5 April 5 April (in Chch) 3 May 3 May (in Wgtn) 24 May 24 May (in Akd) 23 August 23 August (in Ham) 23 August (in Ham) 6 September 6 September (in Dun) 27 September 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 18 October 18 October (in Mnku)
6 April 6 April (in Chch) 4 May 4 May (in Wgtn) 25 May 25 May (in Akd) 24 August 24 August (in Ham) 24 August (in Ham) 7 September 7 September (in Dun) 28 September 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 19 October 19 October (in Mnku)
Advanced Litigation Skills
see listing under Civil
EMPLOYMENT Getting the information you need to win your case
Maria Dew Susan Hornsby-Geluk
Information is the key to successful litigation but there is no formal disclosure process at the preliminary stages of an employment dispute. This practical webinar, based on the successful presentation at the 2012 Employment Law Conference, will cover the critical techniques and strategies for getting and using the information you need to win your case.
Webinar
Brochures for CLE programmes are distributed with LawTalk. If you have not received a brochure for any of the programmes listed, please see www.lawyerseducation.co.nz or email cle@lawyerseducation.co.nz or contact CLE information, tel 0800 333 111.
22 March
Online registration and payment can be made at www.lawyerseducation.co.nz
. Programme
Presenters
Content
Mediation for Lawyers - Part B - Family Law
Virginia Goldblatt Denise Evans
For those with recently approved prior mediation training, including our Part A course. This programme Auckland will give an opportunity to practise mediation skills in the family law area and then to be assessed on them. Strictly limited numbers with pre-course work required.
Where
When
FAMILY 12-14 Apr
PROPERTY Unit Titles Intensive
Chair: Thomas Gibbons
Lawyers specialising in advising on body corporate rules, maintenance, reinstatement schemes, Wellington management contracts, redevelopments in common property, insurance, and the Tenancy Tribunal are Auckland Webinar advising a sector that is increasingly becoming more complex. Attend this Unit Titles intensive to learn how to identify when issues are likely to arise under the Unit Titles Act and know how to deal with the issues.
29 April 30 April
Trust Conference
Chair: Andrew Butler
The 2013 conference will focus on some of the “big picture” questions posed in trust law and practice. Wellington This will include an examination of the role, function and future of trusts in the 21st century; questions Auckland which affect the limits to which the trust concept can be deployed, and some of the questions about the legitimacy of the use of trusts.
6-7 June 13-14 June
Ethics – Framing Costs & Managing Client Expectations
Duncan Webb
Managing the presentation of costs information is key to maintaining a good relationship with your client. Duncan Web will discuss approaches you can benefit from, and pitfalls you need to be aware of, to effectively manage the costs information process so that there are no nasty surprises for clients at the end of the case.
Webinar
Trust Account Administrator
Mark Anderson John Hicks Davd Littlefair
How do you keep a trust account in good order? This training is for new trust accounting staff, legal executives, legal secretaries and office managers.
Wellington Auckland 1 Whanganui Auckland 2 Napier Hamilton Tauranga Christchurch Dunedin
Dealing with Difficult People
Simon D’Arcy
Some people in the legal arena can be hard to work with – solicitors on the other side of a matter, clients, Christchurch witnesses, opposing parties, senior partners, judges or your own staff. People working in the law get Wellington challenged by difficult behaviours daily. The workshop will enable you to improve communications with Auckland everyone you deal with and reduce your stress in difficult communications.
11 Mar 12 Mar 14 Mar
Stepping Up foundation for practising on own account
Director: John Mackintosh
All lawyers wishing to practise on their own account whether alone, in partnership, in an incorporated practice or as a barrister, will be required to complete this course. (Note: From 1 October 2012 all lawyers applying to be barristers sole are required to complete Stepping Up). Developed with the support of the New Zealand Law Foundation.
14-16 Mar (full) 13-15 Jun
Building Profitability: Leverage, Leadership and Management
Irene Joyce
There is now a reputable body of evidence that supports the link between law firm profitability and effective Auckland leverage. To achieve this, partners must make a shift from the all-consuming role of “producer” and Christchurch take on the leadership and management of others. The workshop will give you practical skills required Wellington to motivate staff and to achieve high performing leveraged teams.
19 Mar 15 Apr 17 Apr
How to Double your Productivity and Work Satisfaction
Frank Sanitate
What would it take for you to look forward to going to work every day? Come to this workshop to learn Christchurch the answers such as: what is and isn’t in your ability to control; how to control your productivity; time and Wellington enjoyment; and how to create an organisation where everyone looks forward to coming to work every day. Auckland
5 Apr 8 Apr 10 Apr
In NZ, the chance sitting on multiple boards increases the prospect of conflict of interest issues. Traditional Christchurch concepts of conflict of interest increasingly confront contemporary principles of full consultation with all Wellington interest groups. Many decision-making processes lack strategies for being visible to the public. These Auckland and other conflict of interest issues will be discussed. Webinar Webinar for smaller centres.
9 Apr 10 Apr 11 Apr
GENERAL
Conflicts; Justice Arnold governance and Jack Hodder QC professionalism Nicola White
NB: Numbers are limited so be sure to register early.
Auckland Christchurch
4 Mar
5 Mar 6 Mar (full) 7 Mar 11 Mar 12 Mar 13 Mar 14 Mar 21 Mar (full) 10 Apr
10 Apr
Trust Account Supervisor Training Programme
Mark Anderson David Littlefair and David Chapman Bob Eades or Lindsay Lloyd
To qualify as a trust account supervisor, you must complete 40-55 hours’ preparation, attend the Auckland 1 assessment day and pass all assessments. Make sure you register in time to do the preparatory Hamilton work before the assessment day as listed on the right. Wellington Auckland 2 Christchurch
10 Apr 10 Jul 18 Sep 20 Nov 27 Nov
Lawyer as Negotiator
Jane Chart
Building on your own experience, this one and a half day workshop provides hands-on practice and feedback, as well as a conceptual framework for preparing for and undertaking negotiations. It examines different strategies and tactics, and offers tools for dealing with difficult negotiators, breaking impasses, and for addressing specific issues which you might wish to raise.
1-2 May 29-29 May 12-13 Jun 12-13 Nov 19-20 Nov
Auckland 1 Christchurch Wellington 1 Wellington 2 Auckland 2
Programme brochures, online registration and booklet purchases (with cheque, direct credit and credit card payment options) available at www.lawyerseducation.co.nz
CLIENT'S VIEWPOINT Healthy legal foundations needed to grow economy By RACHAEL BRECKON Lawyers could play a larger role in future-proofing small and medium sized enterprises (SMEs), which far too frequently fail. Enterprises with 20 or fewer employees make up 455,907 (97%) of the country’s businesses and employ 30% of New Zealand’s workforce (581,540 staff). Law firms are in a unique position to offer more tailored guidance to their business clients and help this integral sector of the economy, as not only do they hold vital knowledge but many are also SMEs. Brand and Marketing Communications Specialist and Business Mentors New Zealand patron Peter Boyes explains the legal issues that are created in SMEs’ infancy can often be their downfall later on, and SME owners must have a basic grasp of contract law. Longer-term contractual commitments can be a “real bugbear” for Mr Boyes’ mentees who have often signed up for “all sorts of things early on that they are now legally stuck with”. “[The owners] sign leases which don’t have the right review terms in them or they will commit to being in for a longer period of time than they can justifiably forecast from their business plan and the place will be too small,” he says. This poor legal foundation can become more problematic for “mum and dad” when they get traction and business grows. “Their big, big fear and the big problem is how they hire their staff members, and how to protect the business but incentivise [staff],” Mr Boyes says. It is around this stage that SME owners can create strange employment agreements that can haunt and jeopardise their business later on. “Once you have got it to a medium
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size and there are 25 employees and you have tied in to all sorts of peculiar employee shareholder agreements, or promises, or long leases, it is really hard to unravel that the bigger it gets,” he says. “It takes some digging sometimes, and it’s not always the first priority to actually look at what they have committed to, and whether or not it was a wise thing. The earlier and the smaller a business is, the easier it is to reverse some of those decisions.” To illustrate this, Mr Boyes uses the example of a recent mentee, who in a letter had promised her sister-in-law – who was working for her for free – a shareholding in the business if it took off. What that equated to was never clarified. “They came to a spectacular falling out, because neither of them had actually taken advice … and so the whole thing came to a grinding halt and almost sank the business. I think it was only because they were family that they didn’t end up in court spending what little they had left on a legal dispute but managed to see it through,” he says. “It’s actually getting that clarity of agreements in what they are doing I think is really, really important.”
How lawyers can add value
“First-time employers, too, can really struggle without the right support. Even basic contract templates – coupled with timely guidance around employment legislation, the IRD’s expectations and relevant case law from the employment courts – can make a big difference.” He recommends keeping the SME community updated on legal issues by: •
regular newsletter updates;
•
online or public seminars/lectures;
•
networking functions; and
•
health-checking business clients when they make an appointment.
“Business owners are crying out for good quality advice – and many simply don’t have the time to spend researching everything they need to get started or run successfully. Providing a simple, one-stop guide for businesses would be a major help,” Mr Gardiner says. Obtaining and extending credit can also create real pressure for SMEs. “Having the right contracts and terms in place can not only provide legal protection, it will also help businesses keep control of their cash flow, not to mention [it will] provide them with peace of mind, something that helps a lawyer encourage ‘stickier’ clients,” he says.
Accounting and payroll software company MYOB’s sales manager (business) Scott Gardiner says the majority of small business owners in New Zealand are time poor and in constant need of good quality advice on all aspects of the business environment.
“At the other end of the business lifecycle, businesses should also be thinking about succession planning and exit strategies – ideally from the outset. Helping them put in place the best structures to maximise their investment or successfully pass on their business is another area [where] legal professionals can provide real value.”
“A sound understanding of the legal aspects of business – from tax obligations to rental agreements – is vital for any successful small business owner,” Mr Gardiner says.
“SME business builders are the country’s future business leaders, so investing some time in them now can pay off significantly in the long term,” Mr Gardiner says. LT
LAWYERS COMPLAINTS SERVICE Dismissal of proceedings application denied The Lawyers and Conveyancers Disciplinary Tribunal has turned down four applications by a lawyer currently not listed as holding a practising certificate, L. L faces a charge of professional misconduct for continuing to act for a client when he knew there was a conflict of interest. L made interlocutory applications for dismissal of proceedings, stay of proceedings, disclosure and discovery, and name suppression. L has appealed the tribunal’s decisions in [2013] NZLCDT 1. L’s application for interim name suppression pending the hearing of the charges was declined by the tribunal. This ruling is also the subject of the appeal to the High Court. The charge L faces arose from the sale of Ms H’s home to a company, I Ltd, for $172,500. Ms H had a right to buy back the property two years later for $182,500 with a “first right of purchase” in her favour should I Ltd wish to sell the property within two years. The contracted arrangements were subsequently varied when a third party, Mr J, said to be representing Ms H, agreed to settle for less than the agreed purchase price of $172,500. Settlement was to be the equivalent of Ms H’s mortgages on the property and some other debt she owed. The buy-back arrangement was also varied. Mr K, a director of I Ltd, confirmed that the buy-back could proceed at any time during the remainder of that year for a sum equivalent to the mortgages and other debt repaid from the funds to purchase the property from Ms H. $50,000 was paid to L’s firm to settle the property purchase. About $47,900 was used to repay existing mortgages and the balance was applied to costs. No other debts were satisfied. I Ltd defaulted under a mortgage it had given over the property and a mortgagee sale ensued. Ms H was left in a position where she had sold her home, effectively
for $50,000, and her buy-back right could not be exercised. The Hawke’s Bay Standards Committee alleges that L had a solicitor and client relationship with Mr K and I Ltd, and with Mr J, as well as Ms H. The committee also alleges that a document purporting to be consent by Ms H for L to act in a potential conflict situation was not valid as it not signed by Ms H, but by Mr J. Even if signed, the committee alleges that the consent would have no validity because relevant information known to L was not disclosed to Ms H. The committee also claimed that L was aware of matters affecting the financial standing and creditworthiness of I Ltd, Mr K and Mr J; and also aware of a commercial relationship between Mr K and Mr J. In his response to the committee, L denied the charge. Among other things, he said that he had carefully discussed the matter with Ms H in obtaining her informed consent and that he did not withhold any relevant information from her in that process. In applying for dismissal of proceedings, L said that it would be unfair and a breach of the rules of natural justice to allow the charge to proceed to hearing in the absence of sufficient evidence. The disputed facts were “key issues,” the tribunal said. “The standards committee has raised a prima facie case based on these matters, so cross-examination of [L] and [Mr K] (who has also given an affidavit in support of [L]’s position) and of the witnesses for the standards committee is required to test these issues of fact. That dictates the matter being heard, rather than dismissed on this application.” L’s application for a stay of proceedings was based on the ground that because other disciplinary proceedings against him had been stayed, this matter should also be stayed. He considered there was a risk of miscarriage of justice if matters had to be put forward in relation to this
misconduct charge before the outcome of other charges. L considered the standards committee could obtain “some kind of technical advantage” in crossexamining his witness Mr K. The tribunal said it accepted the committee’s submission that there was no proper basis for a stay as there was no overlap between this charge and matters subject of the other charges L faced. L sought orders requiring the standards committee “and all associated with it including the complainant” to produce all their files and records relating to the matter. He said that was necessary to indicate why there had been a delay in formulating the charge and to answer the question as to whether the complainant had lost interest in the matter and it was now being driven by the standards committee to “gain an advantage” given that other disciplinary charges had been stayed. The matters L raised “do not reflect issues that should be dealt with in an application for disclosure or discovery,” the tribunal said, noting that the committee had “fully disclosed” the case against him. “There is value in bearing in mind what the role of the standards committee is in this professional disciplinary context. “It is to enquire into a complaint, determine how the matter should be dealt with (including reference to the tribunal) and, if referring the matter to the tribunal after its preliminary investigation is complete, deciding the charge to be laid and laying those charges with supporting evidence. “In due course it will then seek to prove the charges before the tribunal. All of the material on which the committee will rely has been provided to [L], and in an attempt to meet some of [L]’s concerns, it has also gone further and given him access to its correspondence file. There is nothing further that has been shown to be relevant.” LT
LAWTALK 813 / 1 MARCH 2013
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L AW YERS COMPL AINTS SERVICE
Barry Hart loses strike off appeal Former Auckland lawyer Barry Hart has lost his appeal against being struck off.
appreciate the seriousness of his conduct on some charges and that did not bode well for his rehabilitation either.
Mr Hart was struck off by the New Zealand Lawyers and Conveyancers Tribunal in September 2012 ([2012] NZLCDT 26).
“Like the tribunal, we view extremely seriously Mr Hart’s decision to delay and then deliberately disengage from the present disciplinary proceedings.”
The tribunal had found him guilty on three charges, which related to not paying a private investigator for services, obstructing the lawyers disciplinary process by refusing to disclose a file relating to a former client and gross overcharging (see LawTalk 805, 12 October 2012, p28).
The tribunal was “well justified”, on the evidence and information available to it, in concluding that Mr Hart was not unfit to attend the tribunal hearing, and that his absence was consistent with his earlier delaying and obstructive conduct.
Justices Helen Winkelmann and Graham Lang, rejected all the grounds of appeal and found that the tribunal was correct to view striking off as the appropriate order to make (Hart v Auckland Standards Committee 1 [2013] NZHC 83). “The nature and gravity of the charges of which he has been found guilty are such that they require a firm response that properly protects the public from similar conduct in the future,” the court said. “The fact that Mr Hart has been found guilty of similar conduct in the past suggests he has not learned from past mistakes and sanctions. This does not bode well for his rehabilitation in the future.” In addition, Mr Hart appeared not to
Having concluded that Mr Hart was well enough to attend but had decided not to, the tribunal carefully considered whether Mr Hart would receive a fair hearing in the circumstances. Relying on the reasoning contained in Orlov v New Zealand Law Society [2012] NZHC 2154, Mr Hart’s counsel submitted that the charge of obstructing two investigating committees by refusing to produce a file was not sufficiently serious to warrant consideration by the tribunal. In Orlov, Justice Heath upheld the submission that a standards committee should only lay charges with the tribunal if there is a real risk that the practitioner might be suspended or struck off if the charges were proved. Justices Winkelmann and Lang said they took a different view from that
taken by Justice Heath on the issue. “We consider the wording used in the [Lawyers and Conveyancers Act 2006] indicates that Parliament made a deliberate decision not to circumscribe or restrict the circumstances in which a standards committee may refer a complaint to the tribunal for determination.” In addition, the court said that the facts giving rise to the obstruction charge were serious. “Coupled with the other charges and Mr Hart’s disciplinary history, we are satisfied that they were of sufficient gravity to warrant the charge being considered by the tribunal.” On the charge of overcharging, the court said it found the evidence that the fees were far too high was “compelling”. “We also wish to say something about Mr Hart’s communication with Mr A’s family, which his counsel conceded was inadequate. It emerges from the evidence filed on behalf of Mr Hart that the family were seen as ready to pay anything to help Mr A, as they were ‘desperate’, with ‘money no [issue]’. “Even if that was the impression Mr Hart gained, it provided no justification for charging more than the work was worth. “To take that approach would be to exploit the client, and that is something a lawyer must not do,” Justices Winkelmann and Lang said. LT
Fined for unsatisfactory conduct A lawyers standards committee decision to find a lawyer, A, guilty of unsatisfactory conduct and fine him $4,000 has been upheld by the Legal Complaints Review Officer. A acted in administration of the estate of Mr RC (for whom he had acted for many years). Mr RC had appointed his four sons as executors/trustees. After Mr RC’s death it was discovered that there were two documents relating to the distribution of his assets. One was a Deed of Family Arrangement which provided for all of the deceased’s personal property to be equally divided between his four sons. A later one, a codicil to his will, left bequests to each of his grandchildren and the remainder of his estate to one son only. (This was not
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the result of any involvement of A.) The bulk of the deceased’s wealth was in the form of valuable paintings. Under the codicil these would be inherited by the one son after the bequests to the grandchildren, whereas the Deed of Family Arrangement provided for equal distribution between the deceased’s sons. A pointed out at the first meeting of the executors that the two documents conflicted, and there was some discussion at that time. A’s legal opinion, supported by an opinion from a barrister with expertise in estate law, was that the Deed of Family Arrangement prevailed over the codicil. One son, Mr RA, disagreed. His view was that the codicil prevailed as it set out his father’s wishes.
Various avenues were explored to try and resolve the issue of which document prevailed. Mr RA declined to seek independent legal advice and refused to support an application for a Declaratory Judgment in the High Court. After a number of months, it was evident that consensus was unlikely. A then instructed a barrister to issue proceedings by two of the executors (Mr RD and one other brother) against Mr RA and one brother, for their removal as executors. A filed an affidavit in support of the application. The matter did not proceed to court since the dispute was ultimately settled. However, the court awarded neither party costs on the basis that the judge characterised the litigation
L AW YERS COMPL AINTS SERVICE as a matter not concerning the estate, but as a “hostile litigation” between two beneficiaries against the other two beneficiaries. Mr RA made a number of complaints against A, the essence of which alleged that A had failed to act independently and in the best interests of the estate. The committee found A guilty of unsatisfactory conduct in having breached rules 8.7 and 5.1 when, as estate solicitor, he gave instruction for High Court proceedings to be filed by
two of the executors for the removal of the other two executors. The committee opined that A ought to have removed himself as estate solicitor much earlier than he did. Notwithstanding this, the committee accepted that A had not acted in selfinterest and was guilty of unsatisfactory conduct rather than misconduct. The committee was critical of A in having given evidence in the litigation while being involved in the matter professionally (breaching Rules 5.1, 6.1
Censured for failing clients Lower Hutt lawyer Paul Logan has been censured by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal for failing to properly attend to the needs of clients. In this case ([2012] NZLCDT 38), the clients were elderly and relied on him, the tribunal noted. Mr Logan pleaded guilty to the two charges, which the tribunal found to be conduct unbecoming a barrister or solicitor. The first charge related to an error made in a client’s will. As a result of the error, a half share of the home of the testator passed to the testator’s wife, instead of his two sons. Mr Logan failed to disclose the error to other trustees and executors of the will and took no proper steps to rectify it when he became aware of the issue. The error may not have had an adverse effect in the normal course, but as a result of a Family Protection Act claim, it became important. When the testator’s wife subsequently died she had three sons, two by her late husband and a third from a previous marriage. Her estate was subject of the Family Protection Act claim by her third son, which was settled by payment to that third son of an agreed amount by her two other sons. As a result of the error regarding the half share in the home, the estate which was subject to the claim was larger than would otherwise have been the case. Effectively, the whole value of the family home had to be taken into account in considering a settlement, instead of half its value.
Mr Logan became aware of the error before the death of the testator’s wife but had not taken adequate steps to resolve the position. The second charge arose from Mr Logan failing to act on the instructions of the wife of the testator in the first charge, who was also his client. He did not have her revised will complete and signed. A staff solicitor had taken preliminary instructions and drafted a revised will but when Mr Logan took over the matter, he did not pursue its completion. There was evidence the client thought arrangements were in place altering her will, as she mentioned to a grand-daughter that she had left her something in her new will. Mr Logan’s failure to take steps to try and remedy matters when the mistake in the first will was discovered was a “key matter”, the tribunal said. It demonstrated a “lack of concern for his clients, perhaps based on hope, in vain as it turned out, that the matter could be addressed in the normal course without it becoming an issue for the family. “The Family Protection claim put that hope to an end, and is an example of why practitioners should be meticulous and timely in ensuring clients’ affairs are properly set up as they require.” Mr Logan was ordered to pay compensation of $3,656.25 to a party seeking compensation. He was also ordered to pay the Law Society standards committee costs of $17,512.49 and tribunal costs of $8,100. The tribunal declined permanent suppression of Mr Logan’s name. LT
and 13.5). The committee was also critical of A having taken fees by deduction without authority of all executors. However, the committee considered that the fees charged to the estate were reasonable for the administrative work done, the charges were properly incurred and it was appropriate that A be paid for the work. As well as the fine and reprimand, the committee ordered A to pay the Law Society $1,000 costs. LT
Fined for not complying with undertakings Auckland lawyer Timothy Slack has been censured and fined $5,000 by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal for failing to comply with undertakings he had given. Discrepancies between what was said in various undertakings Mr Slack had given came to light when the Serious Fraud Office (SFO) was investigating certain transactions involving Blue Chip Financial Solutions Ltd, which had arrangements with developers to facilitate sales of apartments. The SFO reported the discrepancies between the deposits stated in the undertakings with the amounts actually held in Mr Slack’s firm’s trust account at the time. The Law Society investigated, resulting in two charges being laid with the tribunal ([2012] NZLCDT 40), which Mr Slack admitted. The charges related to two different developments. In both cases, Mr Slack gave undertakings that deposits of 10% of the apartments’ sale prices were held in Mr Slack’s firm’s trust account when not all the deposit money was. In both cases, a bank had approved a loan to the developer. The loan was conditional on pre-sales of apartments totalling a certain figure and that a minimum of 10% deposit was to be held by Mr Slack’s firm as the developers’ solicitors. In both cases, Mr Slack confirmed in writing that the deposits (which were Continued on page 30
LAWTALK 813 / 1 MARCH 2013
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SITUATION VACANT
Continued on page 29
outlined in a schedule), were held by his firm. There was no loss to any party as a result of the undertakings being incorrectly given. Mr Slack said that where a deposit had been paid to his firm, it was held in the trust account. Not many deposits had been passed over to his firm, with most deposits released under separate arrangements approved by individual purchasers. Where purchasers’ deposits were not passed over to Mr Slack’s firm, the firm was authorised to deduct that amount from the loan proceeds. That, Mr Slack said, would give the same economic result. Mr Slack “had clear instructions and he knew that what he said in his undertakings was not correct,” the tribunal said. “It was a very casual approach to complying with the various lenders’ requirements and it misled them as to the true state of affairs.” Undertakings have to be given “accurately” and complied with “meticulously”, and Mr Slack’s conduct in not turning his mind to the precise form of his undertaking is “serious negligence and without doubt adversely affects the profession’s reputation.” The tribunal noted that a major trading bank concerned in the matter as a lender had ceased dealing with Mr Slack and his firm when the situation became known. In fining Mr Slack $5,000, the tribunal noted it was the maximum allowed under the Law Practitioners Act 1982. Otherwise it would have been “substantially higher”. Mr Slack was ordered to pay the Law Society $20,086 standards committee costs and $4,500 tribunal costs. LT
Registry The following people have applied to the NZLS for certificates or approvals. Admission under Part 3 of the Lawyers and Conveyancers Act 2006 Manawatu Branch TAIT Nicholas Philip
Southland Branch NELSON Ashleigh Maree WALKER Philippa Kate
Otago Branch Waikato Bay of Plenty Branch CAMPBELL Gracey Ann CHENG Sin Man aka CHENG Amy Sin DELA RUE James Robert Man
Approval to Practise on Own Account under s30 of the Lawyers and Conveyancers Act 2006 Wellington Branch FROMOW Britta Kristen
SHEAT Catherine Ruth
The Registry is now advertising names of candidates for certificates of character, practising certificates and approvals to practise on own account on the NZLS website at http://www.lawsociety.org.nz/home/for_lawyers/registry/ applications_for_approval/ Comments concerning the suitability of any of the above-named applicants for the certificate or approval being sought should be made in writing to me by 7 March 2013. Any submissions should be given on the understanding that they may be disclosed to the candidate. Lisa Attrill, Registry Manager Email: lisa.attrill@lawsociety.org.nz, Direct Dial: (+64) (4) 463 2916 Freephone: 0800 22 30 30, Fax: (+64) (4) 463 2989
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crown law Call for Applications Crown Solicitor Warrants for Napier and Gisborne The positions of Crown Solicitor for Napier and Gisborne have become vacant following the appointment of Russell Collins to the District Court. Since late 2005 the Napier and Gisborne warrants have been held by one Crown Solicitor and due to the successful operation of the warrants on this basis it is proposed that the Napier and Gisborne warrants will continue to be be held by a single warrant holder. Accordingly, the Solicitor-General invites applications from suitably qualified law practitioners who wish to be considered for appointment to the office of Crown Solicitor at Napier and Gisborne. The person appointed will have the responsibility for and oversight of, the prosecution of trials on indictment of crimes committed in the areas covered by the warrants. The warrant holder will also be expected to have the capacity to give legal advice as to prosecution issues to the Police and government agencies as well as an ability to appear in public law litigation relevant to the conduct of criminal prosecutions. Criteria for appointment include: • Excellence as a lawyer demonstrated from relevant legal experience. • The legal and administrative structure (such as a legal partnership) within which the warrant will be administered. • Excellence as a senior advocate in the courts. Senior Crown prosecution experience is desirable but not essential. • Awareness and acceptance of the role and responsibilities of Crown prosecutors. • Competence to discharge a public office in a principled way that from time to time is subjected to public scrutiny. • Personal qualities such as honesty, integrity, good judgment and the ability to apply oneself with commitment. • Management and professional leadership skills. • Oral and written communication skills. • Awareness of the position of victims of crime, equal employment opportunities and the diversity of modern New Zealand society. • Awareness of the principles of the Treaty of Waitangi. It is a requirement that applicants have held a New Zealand practising certificate for at least seven years. Appointment to the position will be based on merit. Those interested in being considered for appointment as Crown Solicitor for Napier and Gisborne should forward their application to the Solicitor-General by 2 April 2013. Further information is available from Jan Fulstow at Crown Law – phone (04) 494 5552 or email jan.fulstow@crownlaw.govt.nz Applications, marked Private and Confidential, should be addressed to: Solicitor-General Crown Law PO Box 2858 WELLINGTON 6140
Crown Law is committed to the principles of Equal Employment Opportunity
Intro Stat
The intro statement time. Please replac paragraph of supp new ad.
WILLS JOHN ANTHONY DINSDALE
Would any lawyer holding a will for the above-named, late of 8 Bennetts Road, Rotorua, who died on 3 November 2012, please contact Ngaire Rendell, East Brewster Ltd, Lawyers, PO Box 1742, Rotorua 3040, ph 07 349 7487, fax 07 347 8701, email ngaire.rendell@eastbrewster.co.nz.
NASONA KOKEA VAKAI
FA’ALELEI TE’O
Would any lawyer holding a will for the above-named, late of 102 Sievers Grove, Cannons Creek, Porirua, Wellington, born on 16 January 1961, who died on 30 March 2012, please contact Vaipage Liveti, 81A Luanda Drive, Ranui 0612, Auckland, ph 021 164 2308, email suipav@gmail.com.
ANTHONY HUBERT STEPHENS
Would any lawyer holding a will for the above-named, late of Tuakau, aged 43 years, manager, who died on 28 January 2013, please contact Kasey Shackleton, Franklin Law Limited, DX EP77020, or PO Box 43, Pukekohe 2340, ph 09 237 0226, fax 09 238 7141, email kaseys@franklinlaw.co.nz.
Would any lawyer holding a will for the above-named, late of 95 Hereford Street, Cannons Creek, Porirua, retired, who died on 22 January 2013, please contact Bill Bevan, KapiMana Legal Services Limited, PO Box 50796, Porirua 5240, ph 04 238 2351, fax 04 238 2352, email bevanlegal@xtra.co.nz.
LEGAL SERVICES LEGAL SERVICES
MARGARET ANN WRIGHT BILK
Would any lawyer holding a will for the above-named, late of Otahuhu, receptionist, who died on 15 November 2012, please contact Bruce Dell, Bruce Dell Law, PO Box 14224, Panmure, Auckland 1741 or DX EP80508, ph 09 570 5036, fax 09 527 1669, email bruce@brucedell.co.nz.
JOHN EDWARD BILK
Would any lawyer holding a will for the above-named, late of Pakuranga tool fitter, who died on 25 December 2011, please contact Bruce Dell, Bruce Dell Law, PO Box 14224, Panmure, Auckland 1741, or DX EP80508, ph 09 570 5036, fax 09 527 1669, email bruce@brucedell.co.nz.
On 1 October 2012 The Arbitration and Mediation Centre opened in Auckland’s CBD. The Centre is a purpose built venue incorporating the latest technology with a suite of rooms designed specifically for arbitrations, mediations, seminars and meetings. Located on Level 9 of the Walker Wayland Centre with entrances on Fort Street and Shortland Street we welcome your inspection at your convenience. For further details and bookings please contact dianneburton@arbmedcentre.co.nz (09) 302 5250 or view our website www.arbmedcentre.co.nz
FOR LEASE
ENUA TAI MOERUA
Would any lawyer holding a will for the above-named, late of Hillcrest Private Hospital, 86 Friesian Drive, Mangere, Auckland, who died on 1 November 2012, please contact Penney Patel Law, PO Box 26344, Epsom 1344, or DX CP32521, Epsom, ph 09 623 0402, fax 09 623 0406, email lawyers@penneypatel. co.nz.
INCREDIBLE CHARACTER SPACE Administrator House - 5 O’Connell Street, Auckland City
KATHRYN CONSTANCE ROSE HENARE
Would any lawyer holding a will for the above-named, late of 20 He Awa Crescent, Waikanae, who died on 7 February 2012 at Mary Potter Hospice, please contact Peter Connor at Duncan Cotterill, PO Box 10376, Wellington 6143, ph 04 499 3280, fax 04 499 3308, email p.connor@ duncancotterill.com.
ADVERTISE WITH US!
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CHRISTINE WILSON Advertising Co-ordinator advertising@lawsociety.org.nz 04 463 2905
LAWTALK 813 / 1 MARCH 2013
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SITUATIONS VACANT
WILLS NIGEL LEWIS HANSEN
Senior Lawyer Public Defence Service, Manukau Vacancy 23851 The Public Defence Service has a commitment to providing independent, high quality, timely, legal advice and representation in a full range of criminal cases including providing professional leadership of the duty lawyer service. We are seeking a Senior Lawyer to join our office at Manukau, which covers all Courts within the South Auckland region. Reporting to the Deputy Public Defender, Manukau, your enthusiasm and skills will contribute to the delivery of high quality public defence services in the summary and trial jurisdiction within the Auckland Courts. This position presents an opportunity to contribute to the significant development in criminal defence services in New Zealand. You will have strong advocacy skills, will be able to work in a team, relate well to people from diverse backgrounds and manage a high caseload, largely comprised of serious indictable work. A part of this role you will also mentor and assist junior lawyers within the office. As a senior lawyer you will have Category 3 or 4 approval rating or the ability to gain this.
6 Months Fixed-term Public Defence Service, Manukau Vacancy 23858 The Public Defence Service has a commitment to providing independent, high quality, timely, legal advice and representation in a full range of criminal cases including providing professional leadership of the duty lawyer service. Reporting to the Deputy Public Defender, Manukau, your enthusiasm and skills will contribute to the delivery of high quality public defence services in the summary and trial jurisdiction within the Auckland Courts. This position is for six months and presents an opportunity to contribute to a significant development in criminal defence services in New Zealand. You will have strong advocacy skills, be able to work in a team, relate well to people from diverse backgrounds and manage a caseload. You will have completed the duty solicitor training and have Category 1 approval This is an opportunity to advance your legal career in a busy, challenging and supportive environment. The Public Defence Service can offer you a commitment to your ongoing professional development, a competitive salary and the opportunity to make a contribution to the legal profession in New Zealand. To apply, please visit our website www.careers.justice.govt.nz then view the relevant vacancy number in the Current Opportunies page.
“SuperJunior” An industrious individual with strong forensic skills and common sense is sought for full-time position to assist Auckland Queen’s Counsel with a mixture of criminal and civil litigation work. The successful applicant will be involved in all aspects of case preparation and presentation from strategic planning, research and submission writing to briefing evidence and appearances at substantive hearings. Would suit recently admitted practitioner. Please send curriculum vitae in confidence to PO Box 1750, Shortland Street, Auckland 1140.
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LIANGJUAN YANG
Would any lawyer holding a will for the above-named, also known as Lian Juan Young, late of 13 Dick Place, Onekawa, Napier, who died on 6 January 2013, please contact Stephen McKenzie, SPM Law Limited, PO Box 38538, Howick, Auckland 2145, ph 09 274 8042, fax 09 274 8057, email stephenm@xtra.co.nz.
Fearon & Co 56x100 ad_BW.qxd:Layout 1
LEGAL SERVICES
ENGLISH LAW AGENCY SERVICES
Junior Criminal Lawyer
Applications will close Monday, 11 March 2013.
Would any lawyer holding a will for the above-named, late of Hamilton, truck driver, who died between 3 December 2012 and 4 December 2012, aged 36 years, please contact Annice Wood, Andrew Gurnell Law, PO Box 9097, Hamilton 3240, ph 07 838 0808, fax 07 838 0818, email Annice@ glaw.co.nz.
SOLICITORS Established 1825
Fearon & Co specialise in acting for non-residents in the fields of Probate, Property and Litigation. In particular:• Obtaining Grants of Representation for Estates in England and Wales, Channel Islands, Isle of Man and elsewhere and re-sealing Australian and New Zealand Grants of Representation • Administering English Estates • Buying and selling homes and business premises • Recovering compensation for accident victims • Litigation including Debt Recovery and Matrimonial Our offices are within easy reach of the London Airports and Central London Stations
VISIT OUR WEBSITE www.fearonlaw.com Westminster House, 6 Faraday Road, Guildford, Surrey GU1 1EA, United Kingdom Tel: 00 44 (0)1483 540840 Fax: 00 44 (0)1483 540844 General Email: enquiries@fearonlaw.com
LITIGATION
Martin Williams 00 44 (0)1483 540843
mw@fearonlaw.com
PROPERTY John Phillips
00 44 (0)1483 540841
ajp@fearonlaw.com
PROBATE
Francesca Nash 00 44 (0)1483 540842
fn@fearonlaw.com
Regulated by the Solicitors Regulation Authority of England and Wales
WANTED INTERMEDIATE CROWN PROSECUTOR O’Donoghue Webber, the office of the Tasman Crown Solicitor, seeks an Intermediate Crown Prosecutor. We invite applications from lawyers with previous experience prosecuting criminal jury trials on behalf of the Crown. Come and join our busy and supportive Crown team and grow your criminal advocacy skills in sunny Nelson. Apply in writing to O’Donoghue Webber, PO Box 1382, Nelson or email mod@odw.co.nz Applications close 5pm 15 March 2013.
21/8/09
SITUATIONS VACANT
Consultant or Partner Opportunity, Wellington Are you getting what you want out of your current practice? With recently refurbished offices in the heart of Wellington, this firm offers a collegial working environment, the latest technology and experienced support staff and solicitors. Coming on board as a partner or consultant, you will be able to spend your time where it is most valuable and gain the greatest level of productivity from your practice. This opportunity might appeal to: • A senior partner who would like to wind back their hours and have more flexibility and autonomy.
Share your skills and experience and get the experience of a lifetime back.
Legal Advisers SOLOMON ISLANDS
VSA is recruiting volunteers to provide legal advice to strengthen provincial government and promote good governance in Solomon Islands. We are seeking qualified lawyers with a minimum of two years post-admission experience.
• A sole practitioner who would like to reduce their overheads and be part of a larger firm.
These assignments are two years in length and based in Honiara. VSA has had several volunteers contributing to this project in recent years.
• A senior associate with a loyal following, yet a lack of partnership opportunities at their current firm.
Email volunteer@vsa.org.nz Phone (04) 472 5759 for more information on these and other jobs visit
We appreciate that every situation is unique and we are happy to discuss your particular needs and how you could benefit from this opportunity. For further information in strict confidence please contact Ben Traynor on 04 471 1423 or email ben.traynor@nicherecruitment.co.nz
www.vsa.org.nz
VSA volunteers must be New Zealand citizens or have permanent residency status and have preferably lived in New Zealand for at least two years. Airfares, medical costs, insurance and allowances paid.
Registered as a charity (CC36739) under the Charities Act 2005
Donate to VSA www.vsa.org.nz
Partnership - Auckland rural Opportunity
National Specialist Advisor Legal Aid Services, based in Wellington or Auckland Vacancy 23863 Criminal law and/or Treaty expert Legal Aid Services is a division of the Ministry of Justice that is responsible for promoting legal aid services and access to justice for all New Zealanders. The Ministry is currently looking for a senior lawyer to join a small group of Specialist Advisers at Legal Aid Services on a permanent basis. You will be able to provide specialist expert advice in decision-making on complex legal aid cases and will have particular expertise in the New Zealand criminal and/or Treaty law jurisdictions. Some knowledge of New Zealand civil and family law would also be desirable. The role will be specifically focused on providing support to staff and assessing cases where legal aid is sought (or has been sought) in complex criminal cases and/or Treaty claims before the Waitangi Tribunal. In addition, you will be required to fully understand and apply the principles of the Legal Services Act 2011, as well as Legal Aid Services policy in relation to legal aid granting. You will be able to demonstrate: • Expertise in the area of criminal and/or Treaty law, with a minimum of seven years recent litigation experience in this area • That you hold a current practising certificate from the New Zealand Law Society or are eligible to obtain one • Excellent relationship management skills to work within a legal team environment also involving contracted external specialist advisers and legal aid lawyers • Awareness, acumen and ability to deal with complex matters when they arise and an understanding of the public environment in which the Ministry must operate • Proven decision-making ability in a complex environment. A competitive salary is offered. If you wish to discuss this role in confidence, please contact David Howden, NSA manager on (04) 472 9044. To apply, please visit our website, http://careers.justice.govt.nz/Pages/ Vacancies. Applications close Friday, 8 March 2013.
Long established rural practice seeks self-motivated general practitioner looking for a career opportunity. Ideally with a minimum of 10 years’general experience the successful candidate will take over the caseload and clients of a retiring partner.It is anticipated the remaining partner will remain in situ for 2-3 years to assist in an orderly and planned transition of clients Existing staff include a senior office solicitor with full support staff. The day-to-day caseload will include transactional property matters (residential, commercial and agricultural) trusts,subdisions, estate planning/administration and commercial work. The post should interest those seeking to become part of a local Auckland rural community offering affordable housing approx. 45 mins from the CBD. Expressions of Interest labelled Private & Confidential No 1-13 to email: advertising@lawsociety.org.nz.
TO LET
BARRISTERS CHAMBERS There is currently a room available in these well appointed, well positioned, longstanding central city Chambers. Southern Cross Chambers is a long established set of chambers on the 12th and 13th floors, Southern Cross Building, High Street, Auckland. For many years the Chambers has operated a scheme designed to assist those who wish to commence practice at the Independent Bar. One of the two rooms designated for this purpose is currently available. The scheme provides the successful applicant with the opportunity of participating in a fully functioning set of chambers with the opportunity to work with more senior members of Chambers. For more information/enquiries, please contact Andrew Gilchrist, phone 09 309 2097, mobile 0274 812 817, email:andrew@gilchrist.co.nz.
LAWTALK 813 / 1 MARCH 2013
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SITUATIONS VACANT
Family Lawyer Vacancy
Commercial Lawyer - High Calibre Competitive Salary based on experience Newmarket, Full Time, Legal • Do you have at least 4 years post qualification experience? • Central Auckland legal firm with great reputation needs you! • Convenient Newmarket location Our busy legal firm requires the skills of a capable Commercial Lawyer to join our friendly team based at No. 1 Broadway, Newmarket. We can offer to you: • Great clients • Interesting work • A competitive salary commensurate with experience • A balanced lifestyle • A friendly, high calibre team who work together and think that life is too short to drink bad coffee or wine! We are looking for a motivated, enthusiastic and intelligent lawyer who can be committed to their work and who will enjoy interacting in our positive, friendly workspace. You need to be client-focused and have good commercial instincts with at least 4 years of post qualification experience. You will have an excellent command of the English language, great organisational skills and of course a positive friendly attitude. If this sounds like you, send your CV to us today! Donna Powle Palmer & Associates Limited donna@palaw.co.nz
LITIGATION SOLICITOR - 2-6 years’ PQE This is an opportunity to work with Christchurch’s leading insurance lawyers acting for businesses and property owners against insurers and in a wide range of other matters in litigation and dispute resolution. If you are ready to assume responsibility for the management of files, communicating with clients, and to regularly appear in court this position will suit you. Around half of the work will be acting for property and business owners against insurers. Other work includes judicial reviews, tribunal work, and general commercial litigation. You will be supported by talented professional people, have an opportunity to work with a wide range of clients including major national corporates and continue to learn from excellent mentors. Experience in insurance is not essential, but may be an advantage. Key attributes for the role include: • An excellent grasp of law and procedure • Excellent verbal and written communication skills • An ability to build strong relationships with clients and colleagues • An ability to work independently and to deadlines • A history of, and desire for, high achievement. In return we offer a supportive and fun team environment, challenging work, a top salary commensurate with experience, ongoing career prospects and a work-life balance. To discuss this opportunity contact: Duncan.Webb@laneneave.co.nz; 021 244 3346. Applications and CVs can be sent to: Charmaine Herron, HR Manager Lane Neave, PO Box 13149, Christchurch charmaine.herron@laneneave.co.nz Applications close Friday 15 March 2013
We are seeking a solicitor with three plus years experience in the Family Court to handle day to day care, contact, domestic protection and relationship property issues. The vacancy has arisen as a result of the solicitor previously handling this work having returned to Australia and the opening is immediately available. The opening should appeal to a solicitor who is contemplating moving to Hawkes Bay to live having done their travelling overseas and wanting to settle down. Hawkes Bay offers a wide variety of entertainment and recreation and has a climate second to none in New Zealand. There is easy access to beaches and the wine industry and restaurants are flourishing. The present partners in the firm have all moved to Hawkes Bay from city firms and have had wide experience in their fields, both before and after moving, which will be invaluable for a suitable applicant. Partnership prospects will be available to a suitable applicant. Our firm has a strong litigation section specialising in both civil and relationship property (together with claims against Trusts and estates) and it has a significant presence in Hawkes Bay as a result. The present partners have had experience in the Family and District Courts, the High Court, The Court of Appeal and the Supreme Court and will be able to pass on their experience and expertise in these Courts. Applications should be made to the firm by either post or email at the following address: H.R.Grayson Gresson Grayson Ltd Solicitors P.O. Box 1045 HASTINGS 4156 Email: hrg@gressongrayson.co.nz
MARKET ON THE RISE Property Intermediate – strong established specialised property team, with the room to allow you to explore your areas of interest. You may not have thought of a large firm as an option before but the options here may surprise you. Property lawyers with mid size firm experience have provided invaluable expertise to the team and our client would love to see candidates for this role with similar backgrounds. Ref: 32513 Employment – Senior Associate – one of Auckland’s highly regarded employment practices. Senior role within the team for motivated energetic senior lawyer. Flexible work hours may be considered, including part time. Ref: 32325 Trust Lawyer – In house trusts, high net worth clients, international travel. Due to strong business growth, an opportunity has arisen for a senior trust specialist to join the Auckland office of this global business. Work with a cohesive team involved in all aspects of trust law. Very competitive remuneration. Ref: 32174 Intermediate – Senior Finance – whether you have a debt capital markets/structured finance background or a general banking background, we would love to speak with you about this stellar opportunity. The role will be created around you to suit your interests. Contact me for a confidential chat about options. Ref: 30980 For further details please call Meryn Hemmingsen 029 965 8152 or 09 306 5500, email merynhemmingsen@momentum.co.nz 191 Queen Street Auckland P +64 9 306 5500
40 Mercer Street Wellington P +64 4 499 6161
M O M E N T U M .C O. N Z