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fEATURE: SPONSORSHiP
“At work, in work attire, I look so much different to what I do in my downhill attire!” p. 11
“Art will be crucial to the rebuild. Things like the arts will drive people together"
11 Lawyer rides to NZ championship First Amy Laird was a lawyer. Now she is a mountain biking champion...
12 Lease situation should be clearer The Christchurch earthquake has left a lot of uncertainty around leases and buildings. Much should become clearer over the next few years...
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FEATURE bY RACHAEL bRECKON
Challenges in court interpreting after Abdula
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The Supreme Court decision in Abdula v Queen (Chala Sani Abdula v The Queen SC 18/2010 [2011] NZSC 130) has caused major changes to the way in which interpreting in trials is carried out in the courtroom...
A profession committed to the community Money is part of it – these organisations need money – but it is more important for us to have the continuous and engaged relationships...
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Going ‘way over’ the sponsorship budget
Keep an eye out for burnout
Extremely interesting criminal law symposium
If a colleague is struggling with their job and you can observe lack of efficacy, exhaustion or diminished interest, they may well be suffering from burnout...
This year’s Criminal Law Symposium featured “an extremely interesting programme with uniformly excellent presenters,”...
Hamish Fletcher Lawyers in Nelson is “actually supporting the community we work in” with a focus on local people and organisations they are personally involved with...
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15 Bill validates prison smoking ban The prison smokefree policy had been implemented via secondary legislation rather than primary legislation with each prison manager making a rule banning smoking in their prison...
22 Deepening crisis of legal aid funding The Law Institute of Victoria, the Victorian Bar and the Law Council of Australia have all voiced concern about the “perilous state” of legal aid funding in Victoria...
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LAWTALK 814 / 15 MARCH 2013
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FROM THE LAW SOCIET Y Chris Moore
T
he Property Law Section (PLS) is preparing for another busy year with the Rare Precedents Matchmaker the most notable project on the horizon. This new initiative will allow lawyers to advertise and sell rare property law precedents to PLS members. While non-members can advertise precedents, only PLS members will be able to search for precedents and access the contact details of the sellers. It will be up to the buyer and seller to negotiate a price. The PLS believes this new service will fill a current gap in the precedents market in relation to rare or one-off property law precedents which, because of their high level of specialisation, are sought after by other firms and practitioners faced with similarly unique circumstances. The section is very excited about this project as it is a real way to help members save time and contribute to the collegial nature of the section. It also allows lawyers or firms who put in the ground work creating the precedent to benefit beyond their own use of the document. The resource also ensures that time-poor property lawyers will not have to sacrifice quality or resources if a rare transaction, such as the sale of a barge or dredge comes up.
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Another project for the PLS this year will be how to integrate the PLS accreditation scheme for members with the introduction of mandatory Continuing Professional Development (CPD) for the profession. The section introduced an accreditation scheme for members in March 2008. Accredited members may be eligible to use the PLS member logo on their firm’s letterhead and other marketing material. Eligibility is through accumulation of points. Members earn points by completing certain professional development training options. Due to the introduction of CPD, the PLS is reviewing the purpose and mechanics of the accreditation system, so it better fits with the professionwide scheme and to ensure members who qualify under the PLS scheme are true specialists. Finally, I am pleased to report greater levels of positivity and optimism are finally returning to property lawyers around the country. It has been a difficult few years for property lawyers but we hope to finally see the light at the end of the tunnel. Chris Moore New Zealand Law Society President-elect and Property Law Section Chair
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.
Coming up … Robin Cooke lecture The venue for this year’s Robin Cooke lecture has changed. The 20 March lecture will now be held in lecture theatre 1, Rutherford House, Wellington, at 5:30pm. Lady Justice Mary Arden will deliver the lecture, which is entitled Press, Privacy and Proportionality.
Rights, wrongs and proportionality 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: Andrew Jacombs Ph +64 4 463 2981 andrew.jacombs@lawsociety.org.nz Printing: Lithoprint, Wellington ISSN 0114-989X
Sir Paul Walker, the second Borrin Visiting Fellow, will give a public lecture entitled Rights, Wrongs and Proportionality in lecture theatre 2, Rutherford House, Wellington, at 5:45pm on 25 March. Born in Wellington, Sir Paul was educated at St Peter’s College, Adelaide, and Magdalen College, Oxford. Called to the bar of England and Wales in 1979, he took silk in 1999 and was appointed a Justice of the High Court of England and Wales in 2004. He was President of the Administrative Appeals Chamber of the Upper Tribunal from 2009 to 2012 and is a bencher of Gray’s Inn. From 1994 to 1996 he was a senior lecturer at Victoria University’s Law Faculty and was the first director of the New Zealand Centre for Public Law in 1996.
Competition law The International Bar Association’s 9th Competition MidYear Conference will be held in Sydney on 21 and 22 March. Presented by the IBA Antitrust Committee, supported by the IBA Asia Pacific Regional Forum, the conference will focus on antitrust developments in Australia and the Asia-Pacific in
the wake of major merger cases and increasing antitrust enforcement activity. See www.ibanet.org/Conferences/ conferences_home.aspx.
Commonwealth law The 18th Commonwealth Law Conference will be held in Cape Town from 14 to 18 April. Organised by the Commonwealth Lawyers’ Association, the conference theme is Common Challenges – Common Solutions: Commonwealth, Commerce and Ubuntu. Ubuntu is a term used in South Africa to denote humaneness, social justice, fairness and conformity with basic norms. It has particular resonance with the Commonwealth’s values of human rights, democracy, the rule of law and good governance. See www.commonwealthlaw2013.org.
Litigation forum The International Bar Association’s (IBA) Annual Litigation Forum will be held in Istanbul from 24 to 26 April. This conference is presented by the IBA Litigation Committee and the Corporate Counsel Forum and supported by the IBA European Regional Forum. It is aimed at corporate counsel, corporate officers responsible for managing litigation, managing partners and heads of law firm litigation departments, litigation attorneys, policymakers, academics and anyone involved in managing and solving complex litigation. See www.ibanet.org/Conferences/ conferences_home.aspx.
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.
LAWTALK 814 / 15 MARCH 2013
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FE ATURE
A
e s f s o io r p Committed to
n
the community By Rachael Breckon
F
or a profession so rooted in concise arguments and reasoning, the criteria surrounding how large and small firms sponsor (often substantially) community and non-profit organisations is surprisingly vague. “The thing you will probably find is that because sponsorship is not the most productive thing or important channel [for sourcing work] for law firms, these things are done more on gut feel than [a large corporation], who I am sure think a lot before they spend hundreds of millions of dollars on sponsoring a football team,” Minter Ellison business development director Tom Bevan correctly predicted. Bay of Plenty firm Holland Beckett Lawyers practice manager Sharline Fitzgerald says the reasoning behind medium sized firms' community sponsorship is: “we are lawyers living in this community dealing with people in the community and in our own rights all the partners and many of the staff are involved in community organisations. People are proud of their community and care a lot about it.” However, despite this, there were some strong themes that emerged and law firms garnered clear advantages by being active in local and national community organisations.
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Staff retention and recruitment A lot of law firms’ sponsorship is focused around recruiting top law students, with firms often putting money into universities, scholarships and sponsoring events such as drinks functions, balls, the law revues and lectures. Chief executive of Hamilton firm Tompkins Wake, Richard Rowley, says the firm sponsors Waikato University law student events for “obvious reasons”. “We employ 44 to 45 lawyers, and about 19 are graduates of Waikato University. Recruiting people is one of the big challenges of life for law firms,” he says. A cocktail function and strong brand recognition is no longer enough to attract top Generation Y job applicants, who frequently want to know what a prospective employer stands for. Hamilton firm McCaw Lewis practice manager Lindsay Geenty says: “What I do find doing all the interviewing for new staff members, is that they have all, without fail, looked at our community page. They mention the fact that we support [an organisation] without fail. It is really interesting.” Because of this, Ms Geenty says, the firm more frequently looks for sponsorship opportunities that allow the firm to use the logo or mention the organisations they grant funding to online.
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Mr Bevan says an organisation’s community commitments are incredibly important for the up-and-coming generation, who are much more “grassroots” focused. Unlike the previous generation, who would have gone into the community and worked for themselves, Generation Y is more interested in working for an organisation that does their share of social responsibility for them, he says. Large law firm Simpson Grierson pro bono partner Michael Wood says he thinks that “a lot of graduates now are focusing on the sort of values we have. I am positive that the focus we have on youth does resonate with the people coming into the workforce. “Money is part of it – these organisations need money – but it is more important for us to have the continuous and engaged relationships. I know the younger solicitors here … appreciate it.” Simpson Grierson community responsibility services tend to be focused around “empowering young people to achieve things”. They are heavily involved with YouthLine, Orakei School in Auckland and Ronald MacDonald House in Wellington. Along with fundraising activities, Aucklandbased solicitors and partners are involved in mentoring students from Orakei School each week. Wellington staff cook for families staying in the Ronald MacDonald House in Wellington once a month.
Business development As Cooney Lees Morgan partner Murray Denyer says, economic growth “benefits us all”. A healthy economy is integral to a functioning economy and the Tauranga mid-sized law firm has a focus on sponsoring initiatives that help to grow the local economy. The firm is the principal sponsor of Priority One, the Western Bay of Plenty’s Economic Development Agency as well as the principal sponsor of the Tauranga Chamber of Commerce, and a major sponsor of the annual business awards. Nationally, Chapman Tripp recently became a sponsor of the Institute of Directors, providing pro bono and financial support to the organisation, and in particular its Significant Interest Group, a group set up to enable senior directors to have a voice on critical areas of governance.
Christchurch Head of Business Development and Marketing at Duncan Cotterill, Malcolm Harrington says that Christchurch post-earthquake has created
a “completely different environment to what it was” and a major need for sponsorship. The firm was a founding sponsor of the Champion Canterbury Business Awards, which celebrated its 10th year in 2012 and attracted around 1,000 attendees. It is “critical” for the rebuild that businesses come together, and there is effective governance, Mr Harrington says.
Arts Duncan Cotterill is also a long-term Christchurch Arts Festival supporter, and while they used to give primarily pro bono work, in light of the earthquakes they will also be donating money to the 2013 festival.
Art plays an important role in New Zealand’s success on the world stage. “Art will be crucial to the rebuild. Things like the arts will drive people together. It is interesting and fresh and engages the whole community,” Mr Harrington says. The importance of art in a healthy community and a vibrant society was a reccurring theme, with the majority of firms participating in arts sponsorship to some degree. Mr Bevan says art plays an important role in New Zealand’s success on the world stage and creating a successful country. “Art helps us see who we are. Art helps us define New Zealand,” he says. Russell McVeagh is also committed to art projects and chief executive Gary McDiarmid says he “can’t recall ever sponsoring anything because we thought it would attract staff or clients”. The firm’s sponsorship decisions can grow organically out of staff interest and client relationships. A recent example of this is the firm’s sponsorship of the Ngāpuhi Art Exhibition last year. The idea was floated by partner James Every Palmer who was working with the Ngāpuhi team. “It seemed like a really good idea” and “a lot of really positive things came from it,” he says.
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Going ‘way over’ the sponsorship budget Law firms throughout New Zealand help the community in very many ways through sponsorship. It would be impossible for LawTalk to bring you all the stories. We chose one, from a provincial city – a firm which has a focus on supporting its own community. “We can’t help everyone,” says Hamish Fletcher from Hamish Fletcher Lawyers in Nelson. Despite that, the principal at the third generation law firm finds they tend to go well over their sponsorship budget every year. The firm is committed to “actually supporting the community we work in” with a focus on local people and organisations they are personally involved with. “We tend to keep away from national charity,” he says. “I would rather support our local people.” One person the firm has made a substantial commitment to is young Nelson sportswoman Rebecca Kersten. Rebecca has been identified as a genuine Olympic prospect in sevens rugby, and was one of 49 players who took part in last year’s New Zealand women’s sevens camp in Hamilton. The year 2011 was big for the teenager, then aged just 15 years. That year she was first selected to trial for the New Zealand women’s touch rugby team and then selected in the team itself. She also received Nelson College’s Touch Player of the Year award for 2011. Among her sporting achievements is hockey. She has been named in the New Zealand development sticks and has been earmarked as a Black Stick. She is, Mr Fletcher says, “incredibly talented”. However she needs assistance as she is not from a wealthy family. Rebecca
Hamish Fletcher and his wife Dinz of Hamish Fletcher Lawyers. Hamish is principal of the firm and Dinz is the operations manager. Organising sponsorship is one of her roles.
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and her mother, who Mr Fletcher describes as “really amazing people”, do baking to raise funds for her sporting endeavours. As well as rugby and hockey, Rebecca also excels at athletics, netball and basketball. “Here at Hamish Fletcher Lawyers we encourage youth to reach for the stars and we will continue to sponsor Rebecca in her dream to achieve her highest level in rugby,” Mr Fletcher says. Speaking of encouraging youth to reach for the stars, Hamish Fletcher Lawyers puts sponsorship dollars into both Nelson College and Nelson Girls’ College. As well as the firm’s focus on youth, there is also a strong family link. His wife is an old girl of Nelson Girls’ College. Mr Fletcher, his father and his eldest son attended Nelson College, while his youngest son is in year 10 at the school. As well as helping to finance the endeavours of individuals – and they don’t necessarily need to be high achievers to gain support – Hamish Fletcher Lawyers last year was one of the major sponsors of the colleges’ joint Stage Challenge. “We want to give to the youth because our theory is that if we can keep the youth active – whether it is sports, arts or drama – then they will become better people and citizens,” Mr Fletcher says. One of the firm’s sponsorships involves a quite dramatic story. Around three years ago, Nelson man Dave Currie suffered a massive heart attack and stroke. He was brain dead for over an hour and the decision was made to take him off life support. Then, miraculously, Mr Currie woke up after withering away for two weeks. “When I was at school at Nelson College we were in the First XI soccer together and he played softball against my son in recent years.” The firm was one of the sponsors who helped Mr Currie prepare and participate in last month’s Buller half marathon, contributing towards shoes, equipment and clothing for Mr Currie’s walk, which he was undertaking to raise money for the Heart Foundation. “It is very satisfying to assist people like Dave Currie,” Mr Fletcher says. As well as being a former soccer player, Mr Fletcher has been heavily involved with soccer at a National League level and, in the last 10 years, with softball at junior, college and National League level as an administrator, fund-raiser and team manager. “We try, obviously, to put in our time, but as time goes by you
FE ATURE get busy, so where we can’t put our time in we put our money.” Hamish Fletcher Lawyers has had a continuous relationship with the Nelson Softball Association and Nelson College Softball for many years. It has been a major sponsor in a variety of softball-related activities across many grades, throughout tournaments, right down to individual players like New Zealand Women’s White Sox Captain at last year’s world championship – Kiri Shaw from the Hutt Valley. Hamish Fletcher Lawyers also has a big focus on Māoridom. Two reasons for this is that Mr Fletcher’s wife and children are Māori, and the firm also specialises in Fisheries and Maritime Law, where Māori play a major role. “We sponsored, jointly with the Treaty of Waitangi Fisheries Commission, a major scholarship which gave young Māori lawyer Basil Tapuke full-time paid work experience over a three-year period while studying for a Masters in Aquaculture Law. The scholarship fully funded the masters study and regular trips to Tasmania to attend courses at The Australian Maritime College, a unit of the University of Tasmania.
here at haMish fletcher laWyers We encourage youth to reach for the stars
“We were already involved for acting for a number of iwi organisations in the fishing industry, including Ngāi Tahu, so it was a natural focus to help young Māori lawyers into the legal world.” Kapa Haka is another area of sponsorship. Nelson’s Te Whatukura Team has represented Te Tau Ihu o te Waka a Maui (Top of the South Island) at every national Kapa Haka festival since the year 2000. Hamish Fletcher Lawyers is proud to assist the team in a continued relationship that dates back several years. Support for Te Whatukura is one example of the firm’s arts sponsorship. It also sponsors an annual arts and residence at the refinery art space and recently sponsored the centre for fine woodworking exhibition, featuring Thorkild Hansen and other leading artists. And that is just some of the sponsorships the firm has undertaken. The list is long, and “we tend to go way over our budget,” Mr Fletcher says. However, “we are locals so we think it is important to support the local community”. Hamish Fletcher Lawyers’ impressive contribution to the community is a story which is repeated throughout New Zealand by many law firms and lawyers.
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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 Judge Carrie Wainwright has been appointed the new chair of the Immigration and Protection Tribunal. She replaces Judge Bill Hastings, who will sit full-time in the District Court. Before her appointment to the bench, Judge Wainwright was a partner in Buddle Findlay. She was appointed as a Māori Land Court Judge in 2000 and served on the Waitangi Tribunal for 10 years, including six years as the deputy chair. Since 2010, Judge Wainwright has sat on the District Court bench in Wellington. Former lawyer Jim mclay received one of six Distinguished Alumni Awards presented by Auckland University at a ceremony on 1 March. After establishing himself as a young lawyer, Mr McLay entered politics, culminating in his becoming deputy Prime Minister and then leader of the National Party. A successful business career followed. On the environmental front, he led New Zealand’s anti-whaling efforts. He is now New Zealand’s permanent representative to the United Nations in New York. Mr McLay received the Queen’s Service Order for public services in 1987 and was made a Companion of the New Zealand Order of Merit for services to conservation in 2003. gillian goodwin, Deborah hart, and katherine Anderson have been appointed to the Human Rights Review Tribunal panel for five-year terms. Ms Goodwin is an Auckland lawyer specialising in corporate and commercial law with a focus on securities law and finance. Ms Hart is the Wellington-based executive director of the Arbitrators’ and Mediators’ Institute of New Zealand. Ms Anderson is a Wellington lawyer who specialises in private and public law and has a strong background in governance and process. Auckland commercial barrister michael Webb has been appointed to the Irrigation Company Establishment board. The new company, which is to be established by 1 July, will act as a bridging investor for regional water infrastructure development, with $80 million to be set aside in Budget 2013. The Establishment board’s term will be 1 March to 30 June 2013.
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mandy mcDonald became the Registrar for registers managed by the Companies Office, including the Register of Companies on 1 March. neville harris previously held these roles. Best known for his role as the Registrar of Companies which he commenced in 1989, Mr Harris led the introduction of the Personal Property Securities Register in 2002. He also oversaw the introduction of the No Asset Procedure. Ms McDonald is General Manager, Business Integrity Services, Market Services Group, Ministry of Business, Innovation and Employment. Before that, she served as group manager of the Insolvency and Trustee Service. She held acting Deputy Secretary roles in the former Ministry of Economic Development in 2011 and 2012.
The winners of the 2012 College of Law awards with the speakers at the awards evening.
The College of Law NZ awarded its top students from the 2012 intake on 21 February. The evening was a great success with more than 100 people attending. Speakers for the evening were Ian Haynes, consultant at Kensington Swan and chair of the College of Law NZ board, Ed Crook, Russell McVeagh and College of Law NZ board member and Justice Asher as the guest of honour.
ON THE MOVE Jared ormsby has been elected as executive chairman of Wynn Williams. Jared is a partner in the firm’s litigation and dispute resolution Jared Ormsby Jeremy Johnson team. He specialises in complex high-profile cases. Jeremy Johnson has been
PEOPLE IN THE L AW promoted to partner. Jeremy specialises in commercial disputes and trust and estate litigation. He started at Wynn Williams in November 2006 as a Sarah Hoffman Tim Mackenzie summer clerk. Tim Mackenzie joins the firm this month as an associate in the litigation and dispute resolution team. Tim specialises in commercial disputes Kirstie Wyss Harry Shaw and employment litigation. Sarah Hoffman has joined the firm as a solicitor in the litigation and dispute resolution team. She brings to the firm her experiRuth McSweeney Jeremy Bell-Connell ence over two years as a judge’s clerk in the Court of Appeal. Kirstie Wyss has joined the firm as a solicitor in the resource management team. Harry Shaw, Ruth McSweeney and Jeremy BellConnell have joined the firm as law clerks in the litigation and dispute resolution team. Catherine Muir has joined the partnership of Malley & Co, to head up its specialist practice areas of trusts and asset structuring. Catherine’s broader practice will continue to include commercial, property and relationship property.
Cori Barkle
Kirsten Hagan
Nicola Ridder
Buddle Findlay has appointed eight new senior associates. In Auckland, Cori Barkle is a member of the property team, who practises in all facets of commercial property, specialising in office, retail and industrial leasing. In Wellington, Kirsten Hagan works in the resource management and Māori law team and specialises in Māori law, Treaty of Waitangi settlements and central government processes. Nicola Ridder is a member of the litigation team and specialises in employment, alternative dispute resolution and health law. In Christchurch, Rebecca Green, in the corporate and commercial team, practises in securities offerings, corporate finance, corporate statutory compliance, financial advisers, personal property securities and credit contracts legislation. Rebecca Green
Frances Hook advises on general commercial litigation issues, specialising in banking and finance, insolvency and credit recovery, property Frances Hook Bassam Maghzal law and local government. Bassam Maghzal advises on commercial transactions, particularly mergers and acquisitions, joint ventures, securities and regulaJulia Vallance Barbara Saegers tory law, property and construction law, franchise law and local government. Julia Vallance in the corporate and commercial team advises on commercial property acquisitions, leasing, financing (including refinancing, commercial and private lending) and corporate and private structuring. Barbara Saegers in the litigation practice specialises in construction law, contract disputes, insolvency, land valuation disputes and Securities Act claims. Duncan Cotterill has appointed four new associates. In Christchurch, Sarah Lester specialises in construction and insurance litigation and previously spent four years working for a national insurance litigation firm in the UK. She receives instructions from building contractors Sarah Lester and construction professionals on construction-related disputes, including residential and commercial weathertight claims. Helen Scott, also working out of Christchurch, specialises in corporate and commercial law and acts on finance and banking transactions, asset and share acquisitions and disposals, corporate Helen Scott governance and structure issues. Helen is a member of the Financial Services Institute of Australasia and regularly presents seminars on finance and banking issues including compliance under the Financial Advisers, Financial Service Providers and Anti-Money Laundering regimes. Sarah Gillies is a new commercial associate Sarah Gillies in the Wellington office. She specialises in reviewing and negotiating a range of agreements, advising on contractual obligations and the development of new products. She also has experience in competition law and telecommunications regulation. Sarah joins Duncan Cotterill after seven years working in-house at Jessie Lapthorne Telecom, most recently as senior counsel for Gen-i, Telecom’s ICT division. Jessie Lapthorne is an associate in the Auckland employment team. She returns to Duncan Cotterill after six years working at London law firm
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PEOPLE IN THE L AW Clarkslegal LLP where she where she was an associate and a senior member of the employment team. During her time at Clarkslegal LLP, Jessie completed a 14-month secondment to the Group HR function of Carillion PLC, a multi-national construction and support services company. She provided strategic and day-to-day advice on employment issues. Simpson Grierson has promoted three lawyers to senior associate and has one new associate. Dave Barr, who specialises in construction litigation and has particular expertise in territorial authority liability, including leaky building claims, has been made a senior associate. Dave has previDave Barr ously worked as in-house counsel for Auckland Council. Shanti Davies has been made a senior associate. She is a specialist construction lawyer with experience in drafting contract documents, and in resolving construction disputes through litigation, adjudication and mediation as well as other forms of alternative dispute resoluShanti Davies tion. Before joining Simpson Grierson in 2009 she worked for six years at a litigation firm in Vancouver. glen holm-hansen, who acts on a wide range of commercial disputes, has been made a senior associate. He regularly appears on breach of contract, insurance, professional liability, insolvency, and negligence matters. Glen also handles Glen Holm-Hansen investigations undertaken by the Commerce Commission under the Commerce Act, Fair Trading Act, and Credit Contracts and Consumer Finance Act. Ciska de Rijk re-joins Simpson Grierson as an associate in the sales and marketing team following time overseas, during which she worked in a boutique sports law firm advising various Ciska de Rijk large sporting entities on a range of areas including commercial, sports (including sports supplements and food law), employment and criminal law. Anchali Anandanayagam has been appointed a senior associate at technology and intellectual property law firm, Hudson Gavin Martin. Anchali joined the firm in September 2012 as a senior solicitor. He advises on corporate and commercial arrangements in the telecommunications, media and technology sectors including investments, joint ventures, acquisitions and dispositions, technology procurement, outsourcing, commercialisation and services arrangements. Carl Rowling has joined Tompkins Wake as a partner in the commercial team based in Auckland. Carl has experience in high value mergers Carl Rowling Tom Arieli and acquisitions, capital markets and complex commercial arrangements. His specialties include the oil and gas industry and local govern-
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Kate Sullivan
ment. Before joining Tompkins Wake, Carl had been a partner in two national law firms before becoming general counsel to the Auckland City Council. Tom Arieli has also joined the firm as a partner in the commercial team. Tom works with a range of businesses on corporate and commercial matters, including mergers and acquisitions, joint ventures, corporate governance and restructuring. Tom is based in Auckland. kate Sullivan and Simon Jass, who are dispute resolution lawyers, have both been promoted to associates.
Simon Jass
LAW fiRM NEWS Petrie Mayman Clark, Barristers and Solicitors, Timaru is merging with Bradley West Limited, Barristers and Solicitors, Timaru. The new company will be called Aoraki legal limited and will commence trading on 1 April 2013. The new firm’s Timaru head office is at 153 Stafford Street, phone (03) 688 9749. The Geraldine branch office is at 3-5 Wilson Street.
WELCOME TO THE PROFESSION The New Zealand Law Society welcomes the following recently admitted lawyers to the profession.
Christchurch Cameron Keith Mills nelson Tagan Clare Lyall Callum John Vessey Wellington Emma Jane Metson Foley Rajitha Yasas Gurusinghe Jack Clifford Henderson Richard Desmond Tsin Loong Lee Aaron William Scott Samuel George Wevers
The expert in professional liability and discipline LANE NEAVE LAWYERS CONTACT DUNCAN WEBB:
T 03 3793 720 M 021 244 3346 E duncan.webb@laneneave.co.nz
www.laneneave.co.nz
PROFILE
Lawyer rides to NZ championship fIRST Amy lAIRD WAS A lawyer. Now she is a mountain biking champion. The 31-year-old senior solicitor with Duncan Cotterill picked up her first national downhill title in Rotorua’s Whakarewarewa Forest in February. “It’s true, mountain bikers often can’t believe I’m a lawyer, and people I’m associated with at work or clients, can’t believe I race downhill. “But they aren’t really too different – I think to be good at both you have to be determined. Attention to detail is important and you need to be able to analyse risk.” The clothes change makes it credible for most, she says. “At work, in work attire, I look so much different to what I do in my downhill attire!” For the past six years, Amy has been with the Christchurch office of Duncan Cotterill Lawyers, as a senior solicitor primarily working for Paul Dorrance as a member of the company’s corporate/ commercial legal team. Ms Laird freely admits that without supportive seniors she could never have achieved the cycling success she has. “Having a very accommodating employer in Duncan Cotterill, and an equally accommodating partner in Paul Dorrance, has made it all possible. They allow me three months annual leave a year, and without that I wouldn’t have been able to compete in New Zealand and internationally, like I have.” But using the time and expending the effort hasn’t always brought victory. “For downhill, winning has been a bit frustrating for me. I’ve had a lot of second places at a national level, and once at a race in the United States I was second by 0.1 of a second. So I guess the national championships win in February was even sweeter after lots of second and third places.” Travelling fast has been part of Ms Laird’s life since she was nine. “I had a pretty big crash trying to beat my friend down the hill to school and spent a week off with a bad concussion.”
Amy Laird speeding downhill. Image: Alan Ofsoski
When you race and ride you are catching up With liKe-Minded people
Then came 10 years of eventing and showjumping on horses – great practice for biking, in terms of balance and excitement, she says. Not until she was at law school in Dunedin did she buy “a very inadequate bike” and begin riding on Signal Hill. She bought her first real downhill bike soon after and started training in earnest. In 2010 she swapped her downhill bike to race the National Cross Country Series, winning two of the rounds. “It was great winning those races, but I didn’t enjoy the training or racing as
much as downhill, so I swapped back soon after and also moved into some enduro racing.” Since 2012 she has been racing enduro overseas and enduro and downhill in New Zealand. Her fiancé Cam Cole races downhill professionally, based in Europe for four or five months a year. “So when I head overseas we travel together with his team, which makes the logistics of international racing a whole lot easier.” The inexplicable feeling she gets when she rides a track fast, or jumps a jump or a drop for the first time is part of the pull. “Maybe it’s the adrenalin, but it means you just want to do the same thing over and over.” The downhill community is like a big family in New Zealand and overseas, she says. “So when you race and ride you are catching up with like-minded people. How can you not enjoy it?”
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LAWTALK 814 / 15 MARCH 2013
11
PROPERT Y L AW
Lease situation should be clearer By aNDREW lOGAN The Christchurch earthquake has left a lot of uncertainty around leases and buildings. Much should become clearer over the next few years. Property Law Section deputy chair and partner at Christchurch firm Mortlock McCormack Law, Andrew Logan, says: “In the benign environment we lived in before September 2010, the general reliance of landlords and tenants on the ADLS form of lease meant that the parties didn’t turn their minds to the consequences of sudden and dramatic increases in the operating expenses. “In particular, the schedule of outgoings rather obliquely dealt with insurance excesses and the premiums. When excesses were generally small and premiums low, there wasn’t any problem with affordability by the tenant.” But the advent of one of the country’s largest natural disasters has radically changed the insurance landscape. “What we are seeing, particularly in Canterbury, but also nationally, is that insurance premiums are going through the roof as insurers reassess risk,” Mr Logan says. “While the new edition of the ADLS [form of lease] attempts to address the quantum of excess, what is likely to occur is a more focused negotiation between the parties as to the cost of the premiums and the level of excess and who will bear such costs, which will override any reliance on ‘standard’ terms. This will be particularly important where the excess of earthquake damage is to be assessed as a percentage of the value of the damage. “Earthquake damage could be assessed as, say, 1.5% or 5% of the level of damage, and that could be hundreds of thousands of dollars if you are in a multi-million dollar warehouse,” Mr Logan says. “So that’s a real issue, and of course under the traditional form of ADLS lease there was no incentive for the landlord to try and mitigate the cost of insurance because, simply, the tenant
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pays the landlord’s premium. So if the landlord wants Rolls Royce insurance the tenant is stuck with the cost of that.” The impact on rent of landlords transferring the risk cost to the tenant is yet to play out in the rental market. Mr Logan predicts this will take several years, as rent reviews are negotiated and evidence emerges as to what parties will tolerate, particularly as new buildings are ready for occupation and new leases come on stream in Christchurch.
the advent of one of the country’s largest natural disasters has radically changed the insurance landscape.
“How do you know what market rent is any more? Can a landlord have its cake and eat it in terms of expecting a full market rent and all the new, higher costs of occupancy being passed onto the tenant?” Mr Logan asks. Another major issue that has rippled across the country in the aftermath of the earthquake is how landlords will deal with their obligations under more stringent building codes and when earthquake strengthening works will be
carried out. “Unreinforced masonry buildings are now a bit of a taboo, at least in Christchurch and other more earthquake-prone areas. The question is what is the value of those buildings? Potentially the value of those buildings is going to be significantly diminished,” Mr Logan says. “Tenants are likely to be a bit gun-shy about moving into an old building especially when councils have a varying length of time (anything up to 20 years) for building owners to get buildings up to code. A tenant is likely to face significant disruption to its business if it has to temporarily re-locate while upgrade and strengthening work is carried out. “The government can’t say you have to get everything up to code within the next 12 months, because the cost would be horrendous to building owners and impractical in terms of the availability of resources to do the work.” This had created uncertainty over leases for buildings that, when signed, were said to be up to building code, but, the post-quake Detailed Engineering Evaluations have now determined what leases were significantly short of code, Mr Logan says. “So we have a lease environment where the old form doesn’t address the post-earthquake fallout and the new edition doesn’t really help that either,” Mr Logan says. “There is so much to be determined … the whole sense of certainty around the ‘standard lease’ we enjoyed prior to September 2010 is gone.”
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Pr actiSinG weLL Keep an eye out for burnout By fRANK NEiLL If A CollEAguE IS STRuggling with their job and you can observe lack of efficacy, exhaustion or diminished interest, they may well be suffering from burnout. As a psychological concept, burnout is relatively new. Even before psychologist Herbert Freudenberger coined the term in 1974, author Graham Greene wrote about it in his 1960 novel A Burnt-Out Case. Greene’s story is of a famous architect, Mr Querry, who no longer finds meaning in art or pleasure in life. He travels to a leper colony in the Congo, where the resident doctor diagnoses his condition as the mental equivalent of a “burnt-out case” – a leper who has gone through a stage of mutilation. Burnout, put simply, is lost energy and lost enthusiasm. Now recognised as a leading psychologist in the burnout field, Dr Christina Maslach developed a measure that weighs the effects of emotional exhaustion and reduced sense of personal accomplishment. It is the Maslach Burnout Inventory (C Maslach, S E Jackson & M P Leiter, MBI: The Maslach Burnout Inventory: Manual, Palo Alto: Consulting Psychologists Press, 1996). Dr Maslach and her colleague, Michael Leiter, defined the antithesis of burnout as engagement. Engagement is characterised by energy, involvement and efficacy, the opposites of exhaustion, cynicism and inefficacy. Burnout, Dr Maslach says, is “a state of physical, emotional and mental exhaustion marked by physical depletion and chronic fatigue, feelings of helplessness and hopelessness, and by development of a negative self-concept and negative attitudes towards work, life and other people.” She described the following signs: ▪ decreased energy – “keeping up the speed” becomes increasingly difficult; ▪ feeling of failure in vocation; ▪ reduced sense of reward in return for
pouring so much of self into the job or project; ▪ a sense of helplessness and inability to see a way out of problems; and ▪ cynicism and negativism about self, others, work and the world generally. Burnout is not stress, not even cumulative stress, however. One person, for example, may not handle pressure well and can experience burnout despite having few stressors. Another person can effectively deal with a far greater number of stressors, and so avoid burnout. Burnout is not solely caused by stressors such as too much work or too many responsibilities. Other factors contribute, including certain personality traits, lifestyle and what you do to relax. The difference between burnout and stress is illustrated in table below, from Stress and Burnout in Ministry by Rowland Croucher (www.churchlink.com. au/churchlink/forum/r_croucher/ stress_burnout.html). Interestingly, conditions such as stress, depression, drug abuse and burnout are high among the clergy, doctors and lawyers. You may be on the road to burnout if: ▪ most days are bad days; ▪ you’re always exhausted; ▪ caring about work or home life seems like a total waste of energy; ▪ most of your day is spent on tasks you find either mind-numbingly dull or overwhelming; or ▪ you feel that nothing you do makes a difference or is appreciated. You can do something about burnout,
or help a colleague to do so. One important thing to do is learn how to manage stress. If you’re burnt out, or on the road to burnout, you can feel helpless in the face of stress. Starting to manage it can reduce that feeling of helplessness and bring some balance. Start the day with a relaxing ritual, rather than jumping out of bed, hitting a high GI breakfast and a cup of coffee, and swinging into your day. Find an activity to help you transition from one level of intensity (such as work) to another (such as home). It can be as simple as going for a walk. Dr Maslach calls this “decompression” – like a diver going from one level of pressure to another. Healthy eating, exercising and sleeping helps, just as it does with stress and your health generally. Set yourself boundaries. Learn to say “no” and don’t take on too much. Take a break from technology. There’s a certain tyranny about things like emails, phones that now go everywhere with you, your iPad and your laptop. Be creative. Creativity is a powerful antidote to burnout. All sorts of hobbies and activites use our creative side. Get involved with them. An excellent resource is the book Banishing Burnout: Six Strategies for Improving Your Relationship with Work by Michael Leiter and Christina Maslach, ISBN 9780470448779. It would be a very useful addition to any law firm’s library.
Stress
Burnout
Characterised by over engagement
Characterised by disengagement
Emotions are over reactive
Emotions are blunted
Produces urgency and hyperactivity
Produces helplessness and hopelessness
Loss of energy
Loss of motivation, ideals and hope
Leads to anxiety disorders
Leads to detachment and depression
Primary damage is physical
Primary damage is emotional
May kill you prematurely
May make life seem not worth living
LAWTALK 814 / 15 MARCH 2013
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INSPECTORS' bRIEFCASE Obligation to maintain a trust account By JEREMy f KENNERLEy, FINANCIAL ASSURANCE MANAGER fEEDBACk fRom lAW SoCIETy InSPECToRS reveals that one of the current issues is the circumstances in which lawyers need to maintain a trust account.
Election If a law firm intends not to receive money or other valuable property in trust, in other words the practice wishes to operate without a trust account, then it must make an election under s317 of the Lawyers and Conveyancers Act 2006 (LCA), and return the necessary LCA s112(2) certification. Otherwise the law firm is deemed to be operating a trust account and regulated by the requirements of s110 of the LCA.
Contention There has been discussion over the precise interpretation of s110 of the LCA and the associated development of lawyers using others’ trust accounts. In December 2012 the Law Society received updated advice on the requirements relating to trust bank accounts under the LCA. The general principle is that where monies are entrusted to an agent expressly for the purpose of applying them in some specified manner, the agent becomes a trustee of the money (see Mann v Hulme (1961) 106 CLR 136 at [141]).
Statutory provisions Section 110(1) of the LCA requires a lawyer who “receives money for or on behalf of any person” to pay these monies into a trust account of the lawyer. Discussion The obligation contained in s110 (1)(a) of the LCA, which provides that the money “must be paid into a bank in New Zealand to a general or separate trust account of that lawyer”, determines whether a lawyer must have a trust bank account. This obligation arises when a lawyer, who “receives” any money “for or on behalf of any person”, is required to hold the money “until” it is paid as directed. In such a situation a lawyer will need to have a trust bank account to avoid contravention of the provision. Section 110(3) of the LCA provides that a lawyer is deemed to have “received money belonging to another person” if the lawyer “takes control of money belonging to that person”. Discussion Section 110 (3)(b) of the LCA significantly extends the meaning and scope of the expression “receives money for, or on behalf of any person” in s110(1) of the LCA. The expression “takes control of money” is likely, at least in some respects, to have a wider meaning than the term
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“handle”, used in the previous legislation. One can direct and control monies without, in fact, handling them. If the lawyer has taken control and direction of client monies, then the lawyer is deemed to have received these monies and accordingly must place them in the lawyer’s trust account. Under the LCA it is simply sufficient that monies come under the control of a lawyer directly or indirectly. Further, a fundamental purpose of the LCA “is to protect the consumers of legal and conveyancing services”, s(3)(1)(b). Section 110 of the LCA is one of the provisions directed to this purpose. As such, this provision should be interpreted in a way consistent with that purpose and a liberal construction should be adopted. Accordingly, monies belonging to a lawyer’s client which are received by or come under the control of a lawyer are best protected if they are placed in a trust bank account of the lawyer.
Use of another lawyer’s trust account The question arises as to whether a lawyer who does not have a trust account (having made the LCA s317 election not to receive money or other valuable property in trust) can then make use of the trust account of another lawyer to facilitate a transaction. The meaning and effect of s110(3)(b) of the LCA would imply that the direction by one lawyer of monies through another lawyer’s trust account would very likely, if not inevitably, bring the first lawyer within the scope of that provision and hence require that lawyer to have a trust account.
Offences and disciplinary Sections 110, 111 and 112 of the LCA each provides that a person commits an offence who knowingly acts in contravention of any of those sections. The person concerned is liable upon summary conviction to a fine of up to $25,000. Section 7(1)(a)(ii) provides that the wilful or reckless contravention of any provision in the LCA or any regulation or practice rule made under the LCA constitutes misconduct. A contravention that is not wilful or reckless constitutes unsatisfactory conduct under s12 (c). Consequently, a lawyer who contravenes ss110-112 may face disciplinary proceedings or a prosecution for an offence under the LCA. In addition, depending on the specific circumstances, it may well be the case that a lawyer who allowed another lawyer to use their trust account may also be in breach for being a party to the offence committed by the lawyer using the trust account. Anyone with further questions or requiring any assistance please contact the Law Society’s Inspectorate through the Financial Assurance Manager Jeremy.kennerley@lawsociety. org.nz, phone (04) 463 2936.
FROM THE COURTS Bill validates prison smoking ban By PAM MCMiLLAN In LAWTALK 812 (15 fEBRuARy 2013) Nikki Pender and I commented on the recent High Court decision Taylor v Manager of Auckland Prison [2012] NZHC 3591 saying the decision may have pulled the rug out from under the Government’s smoke-free prison policy by declaring a rule banning smoking in Auckland Prison to be unlawful, invalid and of no effect. Since writing this article, the Government has introduced legislation to retrospectively validate the ban. The prison smoke-free policy had been implemented via secondary legislation rather than primary legislation with each prison manager making a rule banning smoking in their prison and tobacco and smoking-related items classified as unauthorised items in the Prohibited Items Schedule to the Prison Services Operational Manual. Over a year later, and after the hearing for this proceeding had commenced, the Corrections Amendment Regulations 2012 declared tobacco and equipment used for smoking tobacco to be unauthorised items and removed “tobacco” as a privilege. On 12 February Corrections Minister Anne Tolley tabled a substantial supplementary order paper (SOP 171) to the Corrections Amendment Bill. This was quickly incorporated into the third version of the bill on 13 February and the bill was read a third time on 26 February. In summary, both the Corrections Act 2004 and the Smoke-free Environments Act 1990 are amended by removing references that suggest Parliament intended prisoners to have the right to smoke and making it clear there is a smoking ban in prisons. The Corrections Act 2004 is amended by: ▪ including tobacco or any equipment used for smoking tobacco an “unauthorised item”; ▪ making it an offence to smoke tobacco or any other substance inside a prison; ▪ retrospectively validating the rules that were made by prison managers before 12 February 2013 that forbids
it is unusual to introduce an sop at such a late stage that retrospectively validates a rule that has Been declared By the high court as unlaWful, invalid and of no effect.
smoking in prisons or possessing tobacco or any tobacco-related item; ▪ retrospectively validating regulations 4 and 6 of the Corrections Amendment Regulations 2012; and ▪ prohibiting any proceedings brought against the Crown on and from 12 February 2013 “questioning the validity” of the rules and regulations referred to above with the exception of proceeding commenced before 12 February 2013 “to the extent that any relief sought or granted in those proceedings relates only to the period before 12 February 2013”. The Smoke-free Environments Act 1990 is amended by removing the definition of “prison” in the interpretation section and removing s6A which requires prisons to have written policies on smoking. Introducing a SOP at such a late stage is not unusual. It is unusual, however, to introduce an SOP at such a late stage (with no chance of scrutiny by a select committee) that retrospectively validates a rule that has been declared by the High Court as unlawful, invalid and of no effect. Pam McMillan is a senior solicitor at Franks & Ogilvie, a Wellington public and commercial law firm
LAWTALK 814 / 15 MARCH 2013
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FROM THE COURTS
Challenges in court interpreting after Abdula By Jennifer (Hae-Gyeong) Shin The Supreme Court decision in Abdula v Queen (Chala Sani Abdula v The Queen SC 18/2010 [2011] NZSC 130) has caused major changes to the way in which interpreting in trials is carried out in the courtroom. The judgment contains three key recommendations for best practice in cases where an interpreter assists an accused. These are: 1. consecutive interpreting at all times; 2. the interpreter should at all times speak in a voice loud enough for all in the courtroom to hear; and 3. an audio recording should be made of all criminal trials in which one or more interpreters provide assistance for an accused. As a result of this decision, most judges presiding over criminal trials where an accused is assisted by one or more interpreters direct interpreters to consecutively interpret everything being said in the courtroom. This includes legal discussions and expert reports. Before Abdula, interpreters were mostly required to consecutively interpret oral evidence. For other parts of the trial, including opening and closing, chambers meetings, applications, legal argument and the judge’s summing up, the usual method adopted was “whisper” interpreting, which was done simultaneously. Using whisper interpreting, interpreters could only summarise what was being said. While court interpreters endeavour to interpret accurately to the best of their ability, it is worth considering and addressing the difficulties encountered in the courtroom on a daily basis in order to optimise the contribution interpreting makes towards achieving a fair trial.
Key challenges There are two fundamental abilities which an interpreter must succeed at. They are linguistic ability and interpreting skills. These are separate concepts. Linguistic ability requires understanding of both the source and the target languages so that it is possible to transfer concepts, ideas and specific questions between the two languages
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without confusion, and in a manner which provides an accurate outcome. Interpreting skills refer to operational skills within the courtroom. These include: a. communicating with the court about issues or difficulties as they arise; b. ensuring that everything the witness says is interpreted in the court without omission, addition or alteration; c. controlling the pace of questions and answers, with the assistance of the court, to allow clear understanding of both by all parties; d. providing speedy interpreting so that delay is minimised; e. advising the court of the grammatical/linguistic differences between languages as the need arises; and f. gaining the confidence of all parties including witnesses and defendants that the interpreting is accurate. Only a very few experienced interpreters consistently demonstrate all of the skills indentified. This is partly because there is a lack of necessary ongoing practical training.
Micro issues At a micro level there are particular issues which have an effect on the interpreting outcome. These include the fact that: a. some languages are difficult to interpret into English and vice versa; b. some languages have a different word order and it is necessary to listen to the end of at least the whole sentence, if not longer, in order to make sense of the question or answer; c. some languages have no equivalents. A concept or an idea in English or another language may not have an equivalent which is easily transferable between the two; d. technical terms are sometimes different between languages, but not always; e. ungrammatical questions and answers can make it very difficult for even the most experienced interpreters; and f. different cultures have different ways of answering questions, some of
which the court, and in particular, juries, may find frustrating. Such different ways of answering questions are often used to show respect rather than to provide an evasive answer. Telling a witness to “answer the question” does not assist when the witness is answering a question according to his or her cultural norms.
Macro issues a. No opportunity is given to prepare for trial Before trial, lawyers, case officers, forensic experts and others do a great deal of preparation. There appears to be no reason why an interpreter cannot prepare for a trial or hearing. However, as a matter of practice, the interpreter is usually expected to stand in court and interpret with no knowledge having been gained from pre-trial preparation. b. Legal language Court interpreters are not lawyers. They start with basic knowledge of legal terminology but are usually not familiar with the multiplicity of legal concepts. c. Counsel’s questions The quality of interpreting does not simply fall to the interpreter alone. There needs to be more awareness among counsel as to how to properly conduct a trial or a hearing where an interpreter is used. Counsel often ask questions which are very difficult to understand in English, let alone in an interpreted form in another language. On many occasions, questions asked by counsel are difficult to interpret because of the complexity and confusion of concepts. Questions often include multiple questions in one question. In most cases, witnesses answer only one of the questions. It may be unclear which question is being answered. d. Briefing clients on the role of an interpreter Counsel need to brief clients on how to use an interpreter to ensure that their clients understand what is being said throughout the proceedings. e. Non-stop interpreting In many trials and Dispute Tribunal hearings, an interpreter has to interpret everything said under pressure for periods
FROM THE COURTS of up to 90 minutes. This is too long for most interpreters to maintain performance. Frequent short breaks or two interpreters taking turns can be helpful.
Positioning of interpreter When interpreters cannot hear clearly, they cannot interpret. Interpreters for defendants often encounter physical barriers such as security screens which lessen their ability to hear. They are also required to interpret and be heard by a number of different parties who are found in different locations in the courtroom. In a recent Court of Appeal decision Young Jin Bae v Queen (CA 77/2012 [2012] NZCA 455), a specific problem identified was that not all parties could hear the interpreter for the witness, including the second interpreter interpreting for the defendant. In this case, convictions against sentence were quashed and a retrial ordered.
No professional support in place Interpreters do not have any support systems in place to discuss issues that confront them and problems they encounter while working as court interpreters. The New Zealand Society of Translators and Interpreters (NZSTI) is largely dominated by private translators. Most practising court interpreters have not actively participated in this organisation to any extent until quite recently. There needs to be a support system in place involving experienced practising court interpreters.
Selection and payment The courts generally attempt to use the best qualified and most experienced interpreters available for the task in hand. This selection is generally based on the knowledge within the courts of specific interpreters. However, lesser skilled and inexperienced interpreters are sometimes the only interpreters available, particularly at short notice. One of the challenges is to retain experienced interpreters. Remuneration is one element which affects retention. Fee payments are set out in the Witnesses and Interpreters Fee Regulations 1974. Informal arrangements exist in some courts for paying interpreters but the statutory hourly rate of $25 is unlikely to attract and retain enough experienced interpreters. If a serious attempt is to be made to
achieve high quality interpreting in the interests of a fair trial, then there needs to be a review of existing payment methods and systems. There have been a number of cases in the last three to four years where the quality of the interpreting has been such that judges have been forced to take corrective action, including rulings making the evidence inadmissible, ordering retranslations, conducting pre-trial hearings on the interpreting accuracy of statements and using expert interpreters to analyse the accuracy of interpreted evidence given in court. Qualifications and training for interpreters need to be, and to some extent are being, reviewed and improved.
Quality control and monitoring Given the decision in Abdula, which requires that an audio recording be made, there is an opportunity for post facto analysis of the quality of interpreting. Assuming the audio recording is able to accurately record all of the relevant proceedings there is an opportunity to audit those recordings in relation to the performance of all of the parties, including interpreters. The interpreters can then be given feedback about any issues.
Finding solutions It is not possible to provide complete workable solutions to the problems and challenges described without input and work from relevant parties. This includes interpreters with extensive practical experience in the courtroom. The Ministry of Justice intends to implement measures to enhance the quality of interpreting and has developed a Charter in partnership with the NZSTI. This approach with the NZSTI, while no doubt having value, has been done, it appears, without any real input from experienced interpreters currently working in the courtroom. At least as far as the experienced interpreters in Auckland are concerned there has been no real attempt to find out what difficulties they have in the courtroom, in particular the sort of difficulties already outlined. Until recently the NZSTI has had little involvement from practising interpreters hence a number of the issues raised in this article are not addressed in the ministry’s Charter. Most interpreters welcome regular
training and, indeed, better quality training is an essential part of any solution. The minimum qualifications proposed are those provided by NAATI (National Accreditation Authority for Translators and Interpreters). This is an Australian-based organisation and while undoubtedly its qualifications have real merit, they are not in themselves a guarantee for high quality interpreting in the court as it is a specialised area. What is required is active management of the entire interpreting environment focusing on at least those areas where improvement would create the most benefit. The areas to focus on appear to be: 1. provision of practical training programmes of the sort provided by NZLS CLE Ltd; 2. changing current practice so that interpreters are provided with material before trial for the purposes of preparation; 3. training lawyers on how to deal with matters where an interpreter is used. The judiciary has some training, but the writer is not aware its content; 4. putting monitoring systems in place which enable performance to be measured on an individual basis together with an analysis of the difficulties identified; 5. court design and placement of interpreters; 6. putting a support system in place to assist interpreters to review their performance and to help improve it where necessary; and 7. reviewing selection systems for interpreters in the context of what is required in the courtroom. The assurance that there is a fair trial when interpreters are used requires a multi-faceted approach to achieving the required standard. Jennifer (Hae-Gyeong) Shin, has been interpreting in New Zealand courtrooms for more than 15 years. She graduated in Korea with a degree in English education and taught English at secondary school level for more than a decade. She has post graduate interpreting certificates from the Auckland Institute of Technology. Ms Shin has assisted the court in identifying particular difficulties arising in a trial.
LAWTALK 814 / 15 MARCH 2013
17
bRANCH NEWS h aW K e's B ay
young lawyers’ event ThE hAWkE’S BAy young practitioners held a social event on Sunday 10 February at Te Awa Estate Winery. Several young practitioners, their partners and families enjoyed a sunny afternoon at the winery. The usual high quality Hawke’s Bay wine was on offer together with live music and wood fired pizzas.
g isB o r ne
Criminal law training ThE gISBoRnE BRAnCh hosted a training day for criminal lawyers with Sandy Baigent of the PDS on 28 February. The training focused on the upcoming changes to the Criminal Procedure Act. 14 lawyers attended (this is around 25% of local lawyers) and the feedback was positive. Several lawyers described it as “very informative”. Attendees were also invited to dinner with Sandy which kicked off with a drink on the harbour.
young lawyers sports
Story of courageous lawyer
ThE WEllIngTon young Lawyers Committee (YLC) held its first sporting event, featuring Rugby and netball, with the young accountants on 23 February. Although the lawyers won the rugby, some legitimate questions around player eligibility emerged. That happened as a result of the large number of ring-ins in the lawyers’ team. In the netball, Russell McVeagh won three of its four qualifying games, only to miss out to the NZ Institute of Chartered Accountants in the fourth match. Both YLC and Minter Ellison notched up victories, but were eliminated by the eventual winning team from PWC
ThE AuCklAnD BRAnCh WIll feature a screening of a film about courageous human rights lawyer Beatrice Mtetwa at the Academy Theatre at 6:30pm on 17 April. Beatrice Mtetwa and the Rule of Law is a film by Boston-based Lorie Conway, who travelled to Zimbabwe in January and June 2012 to film with Ms Mtetwa. An unshakeable belief in the rule of law has driven Ms Mtetwa to defend victims of Robert Mugabe’s often lawless regime. She is currently defending a group of opposition party supporters who have been arbitrarily jailed for 18 months on murder charges. Over the years Beatrice has been detained and beaten more than once. Ms Mtetwa is the only African besides Nelson Mandela to receive the prestigious Ludovic-Trarieux International Human Rights Prize from France.
Last resort ThIS yEAR’S lAST RESoRT golf tournament will tee off at 12:15pm on Friday 12 April at the Masterton Golf Club, Manuka Street. A stableford competition will be provided for regular golfers and an ambrose competition for casual players. Dinner and drinks will follow at 6:45pm. Contact Sandy@lgwlawyers.co.nz or (06) 370 6479 to enter or for more information.
W el l in g to n a u cK l a nd
Counsel in Concert WEEkly REhEARSAlS foR this year’s Counsel in Concert have begun already. Any singing lawyers who would like to join the choir will still be welcome. This event, which is organised by Crown Law, is now in its fifth year and features a performance in around October each year. Rehearsals for the 2013 concert began on Tuesday 5 March at 12:15pm at Crown Law. For more information contact merran.cooke@crownlaw.govt.nz.
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Great Expectations ThE AuCklAnD BRAnCh hElD its first 2013 Film Club night for members the The Bridgeway on 27 February. The evening was really successful, with 54 people attending to view a cinematic adaptation of the classic Charles Dickens book Great Expectations, with Ralph Fiennes and Helena Bonham Carter in the leading roles. The Auckland branch Film Club had the opportunity to see Great Expectations before it opened in cinemas on 7 March.
c a n t er Bury- W es t l a nd
Sports day ThE ChRISTChuRCh BRAnCh held its summer sports day at Elmwood Park on 27 February. The event was very successful, despite the numbers being down on previous years. The prizes were: Cricket: Northcroft Cup for Winning Team, the Common Lawyers Team; Man of the Match, Luke Hayward, from Meares Williams, who scored 141; Catch of the Match, Hayden Baird. Tennis: Gresson Memorial Cup, Julian Daly from PGG Wrightson Ltd; 2nd John O’Connell from Purnell Creighton; Top lady: Marisha Dorrance from Community Law Canterbury. Bowls: winner, Lane McPhail from Corcoran French; 2nd Ian McNish, sole practitioner; 3rd Shelly Harrison from Cameron & Co.
PROFESSIONAL dEVELOPMENT Extremely interesting criminal law symposium ThIS yEAR’S CRImInAl lAW Symposium featured “an extremely interesting programme with uniformly excellent presenters,” the symposium chair, Justice Robert Chambers says. Just how successful it was can be judged from the conference evaluation forms. All but one found the symposium met or exceeded their expectations. “This is one of the best symposiums I’ve been to,” one attendee wrote. There was an “excellent range of topics with superb presenters. Very well done.” One session Justice Chambers particularly mentioned was on therapeutic judgments. “I think it would be good to emphasise the important work that Judge [Lisa] Tremewan and Judge [Heemi] Taumaunu are doing in their respective courts.” It was “fascinating” what those two judges told the symposium. “I think they were two very important parts of the conference,” Justice Chambers said. The session on therapeutic judgments was initially going to be led by the late Greg King. He was a member of the group that planned the conference, and he was also originally going to present. “We all knew Greg as the bright and hugely talented, intelligent lawyer,” Judge Tremewan said in her paper. “But Greg was also a humanist – someone who saw the potential value and goodness in human beings and liked to use his skills to resolve issues and make a difference to their lives where he could. He also had courage and if something should, in his view, be done differently he openly said so. His integrity and fair play has been warmly acknowledged, even from some unlikely quarters, since his untimely passing.” Mr King’s paper, A New Kind of Court, is included in the symposium book, available at www.lawyerseducation.co.nz. He proposed that New Zealand establish a single collaborative problem solving
court, called a Management Court. It would have “wide powers to provide an unprecedented level of judicial oversight and management of offenders in the community, including those who are re-entering society after being released from prison.” The court would focus on the individual needs of the offender, “through programmes that target the individual’s criminality factors and other social problems, leading to rehabilitation and enhanced public wellbeing, whilst at the same time providing, where necessary, adequate punishment, denunciation and deterrence.” Mr King noted that there were almost 2,700 drug courts in the United States, as well as domestic violence courts, youth delinquency courts, mental health courts, re-entry courts and community justice centres, even some specialist veterans’ courts. “In my view New Zealand should not ‘overly specialise’ in this way. I believe a single Management Court could adequately and more effectively and efficiently address the totality of an offender’s problems,” Mr King said. Alcohol and drug courts overseas have proven very successful, Judge Tremewan said. Although New Zealand was a “Johnny-come-lately”, it had the benefit of more than two decades of extensive research and practice on what is an evidence-based approach to taking on the “root causes” of crime. “The cases in our criminal courts that do not involve alcohol or other drug (AOD) misuse are, in fact, the exception,” Judge Tremewan said. In fact, the number of offenders who do not have either AOD or mental health issues is “miniscule”. “I regard this as the ‘elephant in the courtroom’.” Punishment will not change the AOD dependent user. That dependency is in the
driver’s seat. Even if the offender wants to change, willpower alone will never “cut it”. “Unless and until that AOD dependency is addressed it will continue to drive the offending and comprehensive support and coercion will usually be needed to effect any real change. But none of this is to suggest that offenders should not still be held accountable for their offending. Indeed an approach that addresses the core or underlying issues is one which requires much more accountability from the offender anyway.” That is a focus of New Zealand’s Alcohol and Other Drug Treatment (AODT) Court: Te Whare Whakapiki Wairua, currently being trialled for five years in the Waitakere and Auckland District Courts. In essence, Rangatahi Courts monitor the performance of Family Group Conference plans by young people who have committed offences, Judge Taumaunu said. They also have additional components. Because many of the young people who appear in the Youth Court have lost touch with their sense of identity as Māori, emphasis is placed on the young person learning who they are and where they are from, and learning significant aspects of their Māori tribal history. “The Rangatahi Courts have proved that a court exercising criminal jurisdiction can successfully, and appropriately, apply bicultural processes. The recently released evaluation of the Rangatahi Courts concludes, amongst other things, that this leads to enhanced engagement with young people and their families and an increased level of respect for the legitimacy of the justice system,” Judge Taumaunu said. A “very successful” dinner followed the symposium. The dinner was “a huge amount of fun,” Justice Chambers said. Simon Moore QC gave a “very amusing speech”, which took an entertaining look at the art of advocacy.
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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 Christchurch equitable duties that give rise to such remedies. It will also cover some common equitable defences. Wellington Auckland Webinar Webinar for smaller centres.
8 Apr 9 Apr 18 Apr 19 Apr 18 Apr
Advanced Litigation Skills
Director: Jan McCartney SC
Aimed at practitioners with at least 6-10 years’ litigation experience (either criminal or civil) this five- Wellington day 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
Drafting Better Court Documents
David Goddard QC
A well written court document is clear, persuasive and consistent with procedural rules. It can have a significant impact on the outcome of a proceeding. You will look at statements of claim/ notice of claim, statements of defence/response, interlocutory applications, notices of opposition and notices of appeal. You will learn helpful drafting tips and common traps.
6 May 7 May 8 May
Litigation Skills Programme
Director: Janine Bonifant
This highly regarded residential week-long advocacy training course is open to applicants with at Christchurch least three years’ litigation experience. Selected applicants will perform exercises and be critiqued, observe themselves through video review and observe faculty demonstrations. It’s hard work, great fun and most participants say it’s the most effective value-for-money course they’ve ever attended!
CIVIL
Christchurch Wellington Auckland
18-24 August
Applications close Friday 7 June 2013
COMMERCIAL/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.
Webinar
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 understanding to deal with the purchase, establishment, operation and sale of a business.
Auckland 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 Wellington will gain essential skills to enable you to advise your clients about the range of available law-based Auckland 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.
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 Dunedin intensive. Christchurch Wellington Crown Solicitor Network Hamilton Auckland
21 May 22 May 23 May 28 May 29 May
19 Mar
13-14 May 27-28 May 6-7 June
CRIMINAL
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)
Timaru Christchurch Wellington Nelson Auckland Gisborne Hamilton Tauranga Rotorua Dunedin Invercargill Wellington Whanganui Hawkes Bay New Plymouth Palmerston North Manukau Whangarei
1 March 8 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 (in Chch) 5 April 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 (in Chch) 6 April 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
Litigation Skills Programme
see listing under Civil
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. 20
LAWTALK 814 / 15 MARCH 2013
Online registration and payment can be made at www.lawyerseducation.co.nz
. Programme
Presenters
Content
Getting the information you need to win your case
Maria Dew Susan HornsbyGeluk
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.
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 will Auckland give an opportunity to practise mediation skills in the family law area and then to be assessed on them. Strictly Webinar limited numbers with pre-course work required.
Where
When
EMPLOYMENT Webinar
22 March
FAMILY 12-14 Apr
PROPERTY Unit Titles Intensive
Chair: Thomas Gibbons
Lawyers specialising in advising on body corporate rules, maintenance, reinstatement schemes, management Wellington contracts, redevelopments in common property, insurance, and the Tenancy Tribunal are advising a sector Auckland 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. This Wellington will include an examination of the role, function and future of trusts in the 21st century; questions which Auckland 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
Public Sector Governance Intensive
Chair: Robert Buchanan
By attending this intensive you will have the opportunity to hear from a range of speakers addressing the Wellington current dynamics of public sector governance and what can be learnt from new practises and recent events. This intensive should appeal to all lawyers who work in, or externally advise, the public sector – as well as those in governance and policy roles.
29 May
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 and Auckland other conflict of interest issues will be discussed. Webinar Webinar for smaller centres.
9 Apr 10 Apr 11 Apr
PUBLIC
Conflicts; Justice Arnold governance and Jack Hodder QC professionalism Nicola White
10 Apr
GENERAL 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 Christchurch 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.
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 take on Christchurch the leadership and management of others. The workshop will give you practical skills required to motivate Wellington staff and to achieve high performing leveraged teams.
19 Mar (full) 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
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 assessment Auckland 1 day and pass all assessments. Make sure you register in time to do the preparatory work before the Hamilton 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
Privacy Law – where are we now?
John Edwards Prof Paul Roth
Clients nowadays expect their lawyers to be able to give sound advice on the Privacy Act as part of a Christchurch 13 May comprehensive legal service. Attend this seminar to gain a good understanding of the Act and how it Wellington 15 May interrelates with other areas of law so that you can anticipate and avoid trouble for your clients or know how Auckland 20 May to fix existing problems they might bring to you. Webinar for smaller centres. 15 May Webinar
Serects of Success
Irene Joyce
Understand the factors which make small to medium size firms successful, analysis how well your firm measures up and how to start implementing changes to improve your firms success.
Auckland 1 Christchurch Wellington 1 Wellington 2 Auckland 2
Napier Christchurch Dunedin Wellington Hamilton Auckland
27 May 18 June 19 June 25 June 27 June 2 July
Programme brochures, online registration and booklet purchases (with cheque, direct credit and credit card payment options) available at www.lawyerseducation.co.nz LAWTALK 814 / 15 MARCH 2013
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OVERSEAS Deepening crisis of legal aid funding ThE lAW InSTITuTE of Victoria, the Victorian Bar and the Law Council of Australia have all voiced concern about the “perilous state” of legal aid funding in Victoria. Two serious trials in Victoria’s Supreme Court were adjourned within one week due to the inability of Victorian Legal Aid to provide instructing solicitors. The deepening crisis of legal aid funding in Victoria is symptomatic of a national legal aid system in turmoil, Law Council of Australia President Joe Catanzariti says “It is deeply concerning that trials are now being delayed as a result of the continued underfunding of legal aid in Australia. “Unfortunately we are now seeing the direct evidence of cuts to legal aid funding; delayed trials and a judicial process held to ransom by inadequate funding. “Justice delayed is justice denied. Australia cannot tolerate a society where limits on access to justice have such stark consequences.” Mr Catanzariti says that more cases across Australia are at risk of further delays and complications if federal and state governments do not commit to increasing funding for legal aid.
More UK firms close doors nEW fIguRES fRom the Solicitors Regulation Authority (SRA) show the number of law firms in England and Wales has dropped to the lowest level since figures
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were first collated in 2009. The difficult commercial environment was highlighted in January when top-100 firm Cobbetts was placed into administration before an acquisition by DWF. The latest SRA-regulated community statistics show there were 10,819 firms in England and Wales at the end of January. The number of firms peaked at 11,369 in May 2012 but has been falling steadily since. While attention has focused on firms closing, the number of firms opening has also dipped sharply. Just 19 new practices opened in December 2012, compared with 64 in December 2011. Law Society president Lucy ScottMoncrieff said it was “unclear whether the reduction is part of a sustained trend or is a temporary effect, linked to the state of the economy or other changes in the market”.
Succession planning being ignored mAny unITED STATES lawyers and law firms are avoiding succession planning, a new report states. The report, Law Firm Succession Planning: Do One Simple Thing, was commissioned by legal management consulting firm Altman Weil Inc and prepared by consultant Alan R Olson. “A majority of law firms, small and large, have actively practising lawyers in their late 60s and 70s, many of whom are rainmakers,” Mr Olson says. “In instances where transition plans do exist, on close scrutiny these plans often include overly optimistic assumptions, have strategic gaps, or lack realistic contingency plans. However, in our experience, many lawyers, and their firms, are simply avoiding the subject.”
CJ’s sacking a major concern CommonWEAlTh Secretary-General Kamalesh Sharma has expressed deep disappointment at the dismissal of the Chief Justice of Sri Lanka, Shirani Bandaranayake. “The dismissal of the Chief Justice will be widely seen, against the background of the divergence between the judiciary and the legislature, as running counter to the independence of the judiciary, which is a core Commonwealth value,” Mr Sharma says. Mr Sharma has been in touch with Sri Lanka’s Government and “offered Commonwealth assistance to find a way forward from the constitutional impasse”. LAWASIA, the Law Association for Asia and the Pacific, says it has observed “with considerable concern” developments in Sri Lanka. “LAWASIA makes no comment on the charges brought against the Chief Justice, nor any observation about how or why these charges arise. However, it records its concern for circumstances that appear to indicate inappropriate procedures and a lack of fairness in the proceedings against her.” Sri Lanka’s President, Mahinda Rajapaksa, swore in Mohan Peiris as the new Chief Justice on 15 January. He is a retired attorney-general and a legal adviser to the Cabinet. President Rajapaksa dismissed Chief Justice Bandaranayake on 13 January after a parliamentary committee found her guilty of having unexplained wealth and misuse of power. Chief Justice Bandaranayake has denied the charges and accused the parliamentary committee of not giving her a fair hearing. Both the Court of Appeal and the Supreme Court have ruled in the Chief Justice’s favour, but the president and Parliament have ignored the rulings.
Projects support intellectual disability SUPPORTING INDEPENDENT LEGAL THINKING
Lynda Hagen
Maori legal projects win Foundation support Several Law Foundation-backed projects are contributing to identifying important themes and collating historic information on Māori legal issues. Taken together, these studies are building a significant and valuable research base for scholars and practitioners alike. They will make key Māori legal information identifiable and accessible, leading to improvements in legal theory and practice. One such project is Te Akinga – a Brookers Māori Law Treatise. Work is now under way on this study of Māori concepts, principles and norms across the legal spectrum. The editorial team is being led by High Court Justice Joe Williams and Associate Professor Jacinta Ruru of Otago University. Dr Ruru says the book will analyse how Parliament and the courts have dealt with Māori law by identifying themes and connections across legal disciplines. These include Māori land, the Treaty of Waitangi, aboriginal rights, environmental law, cultural and language rights, and family law. “Every aspect of our law touches on issues that involve Māori. There are often precedents that involve Māori. Hopefully this work will be of interest to academics, practitioners, students, Māori, government departments, councils – anyone dealing with an aspect of the law that requires Māori consideration,” she says. The author team includes Dr Claire Charters, Carwyn Jones, Craig Linkhorn, Dr Matthew Palmer, and Justice Christian Whata, with others possibly to be added. The book’s seven sections will cover Te Ao Māori (customary law), early European contact, transitional justice (Treaty settlement law), governance, human rights, modern legal issues and the future. Dr Ruru says the book’s title comes from Chief Te Kooti’s statement “Ma Ta ture ano te ture e aki,” usually translated as: “only the law can be pitted against the law.” She says this phrase expressed Te Kooti’s support for the rule of law as an alternative to warfare. “Te Akinga also means applied pressure, which is what this book should produce – subtly. The aim is to produce a text that performs the same function in New Zealand as Felix Cohen’s famous Handbook of Federal Indian Law does in the United States. “The book will be of similar quality and length to other Brookers treatise books, such as Todd on Torts, Equity and Trusts, and Civil Remedies,” she says. The Law Foundation is funding research for the book, with Brookers covering publication costs. The team aims to have the book published in time for the start of the 2015 academic year. Other recent Māori law-related projects supported by the Law Foundation include:
▪▪ A scoping study for a Māori Law Resource Hub project, by Mamari Stevens of Victoria University. This work looks at the feasibility of an online platform of legal resources, a customary Māori lexicon, or Te Matapunenga, and a dictionary of Māori legal terms. ▪▪ Treaty of Waitangi Settlements, a series of essays on the Treaty settlement process, compiled by Nicola Wheen and Janine Hayward of Otago University, published in 2012. ▪▪ Professor David Williams’ book A Simple Nullity? The Wi Parata case in New Zealand Law and History, published in 2011. ▪▪ A study of Native Land Court reports by Victoria Law Professor Richard Boast, due for publication soon. Visit the Law Foundation’s website at www.lawfoundation. org.nz for more information about Law Foundation-funded projects. Lynda Hagen Executive Director, New Zealand Law Foundation
NEED RESEARCH? The NZLS Library, legal research and document delivery service is fast, efficient and thorough. Use us as your legal research provider. For more information about our services: www.lawsociety.org.nz/home/for_lawyers/law_library/services AUCKLAND: auckland@nzlslibrary.org.nz / 09 304 1020 WELLINGTON: wellington@nzlslibrary.org.nz / 04 473 6202 CANTERBURY: canterbury@nzlslibrary.org.nz / 03 377 1852
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LAWTALK 814 / 15 MARCH 2013
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LAWYERS COMPLAINTS SERVICE Censured for failing to lodge PR application ChRISTChuRCh lAWyER ERRol PARSonS hAS been censured by a lawyers standards committee after he was instructed to lodge an application for permanent residence but failed to do so. Over a period of about four years, a Chinese national instructed Mr Parsons to act for him in a variety of immigration matters, including applications for work permits and an application for permanent residence. The client stated that he had paid Mr Parsons the permanent residence fees and disbursements of $5,100. For the various work permits, the application for a visitor’s visa and the permanent residence application, he said he had paid a total of $9,700. Counsel for Mr Parsons acknowledged that as the client had paid fees for a permanent residence application which was not, in fact, lodged, those fees would need to be refunded. Mr Parsons had discussed the matter with his former employee. That enquiry established that the permanent residence application form had been prepared and held on file pending the granting of the client’s work permit, which was to be in support of the permanent residence application. Although Mr Parson’s office received the work permit, the employee overlooked it until the client followed up. In not forwarding the permit on, the employee also overlooked that the return of the permit should have triggered the lodgement of the permanent residence application. The error was, therefore, made by the employee, although Mr Parson’s counsel acknowledged the responsibility of Mr Parsons in supervising the work. The employee also acknowledged that the client was ringing regularly, at least weekly over a period of months. The client said that as Mr Parsons failed to advise him of the true status of his applications, particularly failing to file the permanent residence application, he was in a position where he did not hold a current passport nor did he have a current visa and this had consequences for him in various ways, particularly in not attaining a higher employment status. The client also lost income for a period of about three months following what the standards committee described as an “unreasonable delay” by Mr Parsons’ office of the issue of a work permit in 2008, and only after considerable prompting by the client. In October 2010, he could not obtain renewal of his passport through the Chinese Embassy in Wellington, as his current work permit had expired. The client said that Mr Parsons and his staff held his two passports, one of which was current up to January 2011, which was returned to him
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in October 2010 for him to arrange for renewal. As a result of difficulties in obtaining another work visa, the client’s most recent work visa had expired on 31 October 2010 and therefore he was unable to renew his passport when it expired on 5 January 2011. Mr Parsons also overpaid a work permit filing fee by $130, which was refunded to him, but the refund was not passed on to the client. The standards committee said this was a “minor procedural oversight” and not of itself unsatisfactory conduct. The standards committee made a series of orders, one of which was the censure. Mr Parsons was ordered to refund the client $5,100 – the fees and disbursements the client paid for the application for permanent residence. He was also ordered to pay compensation of $6,500 for lost wages, the refund of $130 of overpayment of the work permit filing fee and Law Society costs of $1,000. The committee also ordered publication of the facts and of Mr Parsons’ name.
Censured for opening personal letter A foRmER lAWyER, E, hAS BEEn CEnSuRED and ordered to apologise by a lawyers standards committee after he retained and opened a personal letter from a deceased woman addressed to her son (the complainant). E had begun estate and trust administration for the deceased. At the time of the standards committee determination, however, he was no longer practising law or acting for the estate, although he was still a trustee of a family trust in the deceased’s name. While acting for the estate, E withheld from the complainant and E’s co-trustee a Memorandum of Wishes and the letter from the deceased. “The committee accepts that, acting in the capacity as solicitor for the estate, [E]’s actions concerning the Memorandum of Wishes and personal letter caused [the complainant] distress over and above that which could reasonably have been expected to have been felt by a child receiving a communication of this nature from a deceased parent,” the committee said. E had also made an excessive estimation of fees. He was ordered to apologise for all these matters and provide a copy of his apology to the standards committee. He was also ordered to pay the Law Society $1,000 costs.
L AW YERS COMPL AINTS SERVICE
Lawyer censured, fined and named Michael Meyrick has been censured and fined $5,000 by a lawyers standards committee after it found he had failed to take reasonable care in an appeal against sentence. Mr Meyrick had represented a client, A, in an appeal against the sentence. A had been found guilty of multiple acts of violence against his son, B. B had been the principal witness at the trial. The appeal was on the basis that B was retracting his evidence against his father. B filed an affidavit, drafted by Mr Meyrick’s firm, stating he had given untruthful evidence at the trial. The Court of Appeal questioned B before he gave evidence. The court was concerned that he had not received competent independent legal advice before swearing an affidavit that exposed him to charges of perjury. It emerged that he had spoken to a lawyer on the phone but had not received formal written advice
or showed the lawyer the affidavit. This resulted in the Court of Appeal adjourning the hearing and Mr Meyrick subsequently withdrew as counsel on the case. The Ministry of Justice investigated Mr Meyrick’s conduct of the appeal, as set out in a minute from a Court of Appeal judge, and lodged a complaint with the Law Society. “It transpires that the Court [of Appeal] had a number of criticisms regarding the affidavit sworn by [B],” the standards committee said. “In particular, the court believed that the affidavit was too general and was not happy about the legal advice [B] had received. The court further stated that the firm should not have prepared the affidavit.” Although he chose not to make any submissions to the hearing on the papers, Mr Meyrick had earlier said that his firm had sent B away to obtain
independent advice and he told the firm he had done so. Mr Meyrick was of the view that it was not for the firm to query the nature or quality of the advice, which was a matter of privilege. Once B confirmed he had legal advice, Mr Meyrick said, his firm was relaxed about preparing the affidavit and did so. The standards committee said it considered the conduct serious and gave careful consideration to whether it should be referred to the Lawyers and Conveyancers Disciplinary Tribunal. However, although the conduct was serious, the committee found it was not wilful or deliberate. The conduct was at the high end of unsatisfactory conduct, the committee found. As well as the fine, the committee ordered publication of Mr Meyrick’s name and the determination “in the public interest”. It also ordered Mr Meyrick to pay the Law Society $1,200 costs.
Censured for insufficient inquiry A lawyer, D, who on purchasing another legal practice provided services to an estate and trust to assist a colleague, has been censured and ordered to apologise by a lawyers standards committee. D was censured for failing to make sufficient inquiry when adopting an estimate of $55,000 to be retained for fees and contingencies with the result that there was a delay before a distribution was made. The committee said it noted the “exceptional circumstances” under which D became responsible for the matters giving rise to the complaint
against him. “[D] and his partner accepted a significant personal and professional burden in order to assist a colleague and to ensure that retainers entered into by [a former lawyer] were completed.” The former lawyer’s files “left much to be desired”. However the same information was available to both D and the committee, and D should have realised that an excessive amount was being retained for estate and trust fees and contingencies. The committee said it did accept that it was not an easy task for D to provide the necessary legal services to the estate
and trust, particularly where the former lawyer was one of the two trustees, he had health issues and his name was subsequently removed from the roll. The complainants sought compensation, but the committee said they had not provided any evidence of actual monetary loss caused by D’s acts or omissions. The committee therefore declined to make a compensation award. D was also ordered to apologise to the complainants for his unsatisfactory conduct, and provide a copy of the apology to the standards committee. He was also ordered to pay the Law Society $500 costs.
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L AW YERS COMPL AINTS SERVICE
Law firm fined for overcharging estate A lawyers standards committee has fined a law firm, F, $500 and ordered it to cancel invoices in relation to an estate and replace them with invoices for lower amounts. F acted for the estate of a person who died in early 2010. A director of F, G, was also appointed sole executor under the will. The beneficiaries of the estate had raised disquiet about the legal fees that had been incurred with F, and F had agreed to write to the Lawyers Complaints Service seeking revision of the costs charged. Two costs revisions were undertaken, both of which stated that the fees charged were significantly more than would be appropriate for the work undertaken. The standards committee found that there had been unsatisfactory conduct on behalf of F but decided to take no further action in relation to G. The committee, however, said it had some disquiet in relation to there not being – initially at least – a strict divergence between G the practitioner, F the firm, and G the executor. “On one occasion, [G] wrote to the beneficiaries, clearly in his capacity as executor, but the letter was forwarded on [F]
Registry The following people have applied to the NZLS for certificates or approvals. Admission under Part 3 of the Lawyers and Conveyancers Act 2006 Canterbury Westland Branch LATTY Nicholas William TRINDLER Aja Consuella Otago Branch BAILEY Emma Lauren BROADBENT Isabella Charlotte
ENSOR Rebekah (Becky) Karin O'CONNELL Alice Hope O'CONNELL Emma Jane SANDERS Alice Victoria THOMSON Stephen James TIMBS Christopher Francis WORTHING Lina Kristina
Approval to Practise on Own Account under s30 of the Lawyers and Conveyancers Act 2006 Hawkes Bay Branch FORSTER Eric James Waikato Bay of Plenty Branch ISAAC Charlotte Nicole TWADDLE Andrea Verne
Wellington Branch AISLABIE Jade TRETHEWAY Raewyn Lee-Ann
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 21 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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letterhead and signed by [G] as a director of [F],” the committee noted. The committee ordered that three invoices for estate administration, totalling $27,825, be cancelled and a new invoice for $16,000 plus GST and disbursements be issued. It ordered that three invoices totalling $10,795 to a company in which the estate held shares be cancelled and a new invoice for $6,000 plus GST and disbursements be issued. It ordered that an invoice for $780 to a beneficiary be cancelled and a new invoice for $390 plus GST and disbursements be issued. It also ordered F to pay the Law Society $1,500 costs.
Fined for delegating instructions A lawyer, B, has been fined $750 by a lawyers standards committee after he delegated outside his firm instructions for which he was responsible. The issues were initially raised as a result of a routine inspection by a Law Society inspector. B formed an alliance with a property conveyancing company, operated by a licensed conveyancer, C. Lending institutions would not instruct C, and B completed the registration and discharge of more than 650 mortgages with a number of financial institutions on instructions from C over a period of around three years. B faced allegations that he delegated to C instructions directed to him by lending institutions in which he agreed to act for those institutions on terms and conditions prescribed in letters of instruction and for which he was responsible. The institutions were not aware that: ▪▪ there was no relationship between B’s firm and the borrowers; ▪▪ B’s firm had not identified the borrowers; ▪▪ B’s firm had not prepared the documents; ▪▪ B’s firm had not met the responsibility for final disclosure; and ▪▪ B’s firm had not met the obligations for a search of the Personal Property Securities Register, which should be routine part of every settlement. The standards committee found there had been unsatisfactory conduct on B’s part. As well as the fine, he was ordered to pay the Law Society $750 costs.
WILLS JUDITH CATHERINE MACKIE
Would any lawyer holding a will for the above-named, late of Christchurch, aged 63 years, who died on 17 January 2013 at Christchurch, please contact Sharon Leech of Buddle Findlay, PO Box 322, Christchurch 8140, ph 03 371 3526, 03 379 5659, email sharon.leech@ buddlefindlay.com.
JOAN LINGARD
Would any lawyer holding a will for the above-named, late of Helensville, retired, formerly secretary, born on 4 January 1914 in Croydon, London, England, who died on 22 November 2012 at Auckland, please contact Kathleen Sunderland, Sellars & Co, PO Box 126, Helensville 0840, ph 09 420 9324, fax 09 420 9325, email k.sunderland@helensvillelaw.co.nz.
Cheryl Macdonald
Would any lawyer holding a will for the above-named, late of 238 Hamilton Road, RD4, Ranfurly, farmer, born on 15 April 1947, who died on 27 December 2012, please contact Dominic Fitchett, Jenny Beck Law, PO Box 5821, Dunedin 9058, ph 03 479 0340, fax 03 479 0341, email dominic@jennybecklaw.co.nz.
DOLLY TE AOHUAKIRANGI WOODHOUSE
Would any lawyer holding a will for the above-named, homemaker, who died on 16 October 2009, aged 83 years, please contact Ric Sinisa, Sinisa Law Limited, PO Box 22853, Otahuhu, Auckland 1640, ph 09 270 8333, fax 09 270 8444, email ric@sinisalaw.co.nz.
AMELIA KORIAN (MINA) WHATARAU
Would any lawyer holding a will for the above-named, late of 18 Buckingham Street, Whakatu, aged 42, who died on 30 December 2012, please contact Gifford Devine, Solicitors, ph 06 873 0420, fax 06 873 0043, email nwd@ giffdev.co.nz.
LYNETTE PATRICIA RAYWARD
Would any lawyer holding a will for the above-named, late of 33 Neptune Avenue, Beach Haven, Auckland, textile manager, born on 26 October 1949, who died on 19 January 2013, please contact Philip Khouri, Wilson McKay Barristers & Solicitors, DX CP33019 or PO Box 28347, Remuera, Auckland 1541, ph 09 520 4544, fax 09 524 0397, email philipkhouri@ wilsonmckay.co.nz.
THOMAS JOHN WHAREKAWA
Would any lawyer holding a will for the above-named, also known as TEHITI TOMMY WHAREKAWA, TEHITA TOMMY WHAREKAWA AND TEHITA JOHN WHAREKAWA, late of Raglan, beneficiary, who died on 3 November 2012, aged 60 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.
MYRTLE MARY ELIZABETH POWLES
Would any lawyer holding a will for the above-named, late of Elizabeth Knox Rest Home, Ranfurly Road, Epsom, retired, born on 13 June 1926, who died on 10 February 2013 at Auckland, please contact Tony Walker of LawWorks, Lawyers, PO Box 4204, Auckland 1140, ph 09 379 6937, fax 09 377 8014, email tony@lawworksnz.com.
MARIS WILLUM
Would any lawyer holding a will for the above-named, late of 80 Martin Avenue, Somerfield, Christchurch, who died between 18 January 2013 and 23 January 2013, please contact Bill Herbison, Pier Law, PO Box 18552, Christchurch 8641, ph 03 388 1639, fax 03 388 1942, email bill@pierlaw.co.nz.
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JUDITH ELIZABETH STRINGER
Would any lawyer holding a will for the above-named, secretary, born on 19 May 1947, who died on 19 March 2010, please contact Bryan Anderson, 4 Banbury Street, Waimangaroa 7891, ph 022 081 1345, email goat68@ hotmail.co.nz.
DAVID SMITH-BONE
Would any lawyer holding a will for the above-named, late of Otaki, aged 90 years, retired, who died on 12 February 2013, please contact Terry Killalea, PO Box 174, Paraparaumu 5254, ph 04 904 2628, fax 04 904 2640, email killaflea@paradise.net.nz. Fearon & Co 56x100 ad_BW.qxd:Layout 1
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ENGLISH LAW AGENCY SERVICES 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
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00 44 (0)1483 540841
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CHRISTINE WILSON Advertising Co-ordinator advertising@lawsociety.org.nz 04 463 2905
LAWTALK 814 / 15 MARCH 2013
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21/8/
WILLS
LEGAL SERVICES SERVICES LEGAL alFred MonTGoMery laMB
Would any lawyer holding a will for the above-named, late of Auckland, aged 59 years, supervisor, who died on 17 February 2013, please contact Kasey Shackleton, Franklin Law Limited, Solicitors, DX EP77020 or PO Box 43, Pukekohe 2340, ph 09 237 0226, fax 09 238 7141, email kaseys@ franklinlaw.co.nz.
SDS DOCUMENT SERVICES
GranT CaMeron arMIShaW
SDS will serve your legal documents promptly and professionally plus provide you with an affidavit of service (prepared in accordance with District, Family & High Court Rules).
Would any lawyer holding a will for the above-named, late of 170 Blenheim Road, Riccarton, Christchurch, born on 15 February 1968, who died on 24 March 2011, please contact Indira Sirisena, Strowan Law, PO Box 5046, Christchurch 8052, ph 352 3769, fax 03 352 7016, email indira@strowanlaw.co.nz.
PRACTICE NOTICE
Auckland (Albany to Papakura) Add $30 for urgent pick up & serve – Auckland
Nationwide (main towns & cities)
$70.00 $75.00 $100.00 $120.00
Plus GST mileage is charged to remote locations @ $0.95 per km
Other services available Document serving – International Tracing – NZ, Australia, USA & England Repossessions – commercial & domestic Re-entries – commercial & domestic
Contact Details SDS Document Services PO Box 35142, Auckland 0753 DX BP62024
SITUATIONS VACANT Solicitor – Medico Legal and Employment We are a small boutique firm specialising in issues affecting Doctors and other Health Professionals. We represent providers of professional indemnity insurance and health professionals’ representative organisations and unions. Our firm is focused on delivering excellent service to our clients and their members in a relaxed, supportive environment. We are based in Mt Eden offices. We are looking for a solicitor with at least 3 years’ experience to join our team. Ideally you will have health law, insurance law and/or employment law experience. We are willing to look at offering a full time or part time position, and have family friendly hours of work available. You will have a solid academic record, excellent communication skills and be able to work independently. Please apply or direct any inquiries to Anna Paton at anna@hplsl.co.nz
Family, Relationship Property and Trust Lawyer Are you up to speed with the dynamism of the interface between trusts, relationship property (in life and in death) and associated equitable principles? Do you have good general litigation skills, are you a strategic thinker, an excellent researcher and do your best work in a team environment? If so, you may want to know about an interesting opportunity opening up in one of Tauranga’s leading family law firms. A chance to work with and learn from the best, with a defined career path available. Come and talk to us. Julie Andrews Practice Manager Mackenzie Elvin 07 578 5033 Julie@mackenzie-elvin.com 28
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Tel: 09 475 6206 / Fax: 09 475 6205 www.sdsdocuments.co.nz
Family Lawyer Vacancy We are seeking a junior lawyer to join our specialist family law firm. Experience in family law and legal aid provider approval is preferred but not essential. The successful applicant will join the firm’s three directors and two associates, undertaking a full range of family law services. Ideally the successful applicant would be available to commence work in April 2013. Our firm is based in Porirua and services the Wellington, Kapiti and Horowhenua regions. The directors and associates have significant litigation and mediation experience and are committed to continued professional development. Applications are invited to be made by post or email to the following address: The Directors Family Law Specialists Ltd PO Box 50-513 PORIRUA 5240 Email: catriona@familylawspecialists.co.nz
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SITUATIONS VACANT One Firm Full Service delivered exceptionally
Risk & Legal Specialist, Wellington Riskpool is a mutual liability fund created in 1997 to provide professional indemnity and public liability protection for councils and council controlled organisations. Riskpool proudly provides this cover public for the majority of local authorities across New Zealand. As Legal Assistant, you would be working closely with the General Manager to ensure Riskpool delivers the best possible service to members. This will include reviewing claims files, developing risk management strategies, considering coverage issues, handling enquiries, preparing documentation and assisting the General Manager. Ideally you will have a working knowledge of PI/ PL insurance; however we would also consider qualified solicitors who are interested in moving into the insurance and risk field. You will bring strong analytical skills and the ability to work proactively and independently in a professional manner. Remuneration will be based on the experience level of the successful candidate. This role could be adapted to suit solicitors from 2 to 8 years’ PQE. For further information in strict confidence please contact Jane Temel on 04 471 1423 or email jane.temel@nicherecruitment.co.nz
Litigation Solicitor • Broad challenging insurance litigation role • Earthquake work in Christchurch Opportunity for ambitious litigation solicitor (5+ years PQE) to gain invaluable career experience. If you want a fast track to establishing a solid career base in Insurance Litigation and Advice, here’s your chance. Providing advice on policy interpretation and application, claim preparation, claim management and litigation support. The focus is predominantly on acting for large insureds in relation to earthquake damaged small to large infrastructure assets and business interruption claims. Working with a talented and highly regarded Principal of a boutique law practice, this position will provide you with excellent scope. Your background and strengths will include: • 5+ years PQE (insurance law expertise an advantage) • Able to identify complex legal/commercial issues and formulate strategy • Ability to define research parameters and provide analysis on complex matters • A clear communicator with developed presenting skills • Courtroom skills (recent NZ High Court experience would be ideal) • Strong relationship builder who brings a total focus on client outcomes • Team oriented person with high energy levels and personally robust.
AWS Legal is seeking to expand its criminal team by adding a junior to intermediate lawyer. Person attributes: 1. Excellent research and writing abilities; 2. A good law degree; 3. Ability to work both independently and under supervision; 4. At least 12 months criminal experience; 5. Could suit someone moving from a Crown Solicitor’s firm or seeking to specialise in criminal work; What we offer: 1. Opportunity to work closely with Fiona Guy Kidd, an experienced criminal lawyer. Working over a range of types of work including appeals to the Court of Appeal and High Court, Jury Trials, disciplinary proceedings and resource management prosecutions, High Court civil litigation related to criminal process. Work would include briefing witnesses, research, drafting submissions and Court documents and appearances as junior counsel. Mix of private and legal aid work. 2. Opportunity to undertake your own summary criminal work and appear as Duty Solicitor. 3. Based in Invercargill the role includes Gore and Queenstown Courts. Please send a hand written letter of application with your CV and academic transcript to Grant Yorkstone at AWS Legal: Post: PO Box 1207, Invercargill 9840, New Zealand Email: grant.yorkstone@awslegal.com
www.awslegal.com
Legal Counsel The Electricity Authority has the statutory objective to promote competition in, reliable supply by, and the efficient operation of the electricity industry for the long-term benefit of consumers. The Authority is looking for an additional lawyer with energy and commitment to join its Wellington based in-house team. The role is varied and challenging and offers the opportunity to be closely involved in all aspects of the electricity sector. Electricity, regulatory, and/or public sector experience would be an advantage, as would a general understanding of the principles of economics and the current energy sector. However, we are flexible about background and experience, placing emphasis on a good team fit. We expect the role would appeal to someone with up to 1-2 years post admission experience. We need an enthusiastic lawyer with: • An ability to interpret and apply legislation • An ability to see the ‘big picture’ in terms of the Authority’s objective • An aptitude for quickly understanding technical information • An appreciation of the interface of regulatory activity with commercial markets and how they can work together • A well developed sense of the need to adhere to good process In addition to a competitive salary, the Authority offers a professional but relaxed environment, development opportunities and a balanced approach to life. If you would like to talk about working at the Authority, please contact Janice Taylor-Smith on 04 462 0606 or submit your application to janice.taylor-smith@ea.govt.nz by Friday, 22 March 2013. A position description is available at www.ea.govt.nz
To apply e-mail: enderby@xtra.co.nz For further information call Helen Enderby on 021 211 0069 or 09 575 4929. All applications will be treated as confidential.
LAWTALK 814 / 15 MARCH 2013
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SITUATIONS VACANT
Resource Management Solicitors • Senior Solicitor – 4+ years’ PQE • Graduate – 0-2 years’ PQE • High quality and challenging work • Career development and progression opportunities. Lane Neave has a specialist team that offers advice and representation on all aspects of resource management, conservation and environmental law. Due to an internal promotion and team growth we are seeking a senior RM Solicitor and a Graduate to join our team in our Christchurch office. You will be working with national and local clients on a variety of matters, including major infrastructure developments. Key attributes for both these roles include: • • • • •
Excellent verbal and written communication skills Excellent negotiation skills An ability to build strong and enduring client relationships An ability for working both collaboratively and independently A history of, and desire for, challenge and high achievement.
In return we offer a supportive and friendly team, promotion opportunities and the opportunity to work for an award winning firm whilst enjoying a work-life balance. If you’re interested in joining us, please send your CV to: Charmaine Herron, HR Manager, Lane Neave PO Box 13149, Christchurch 8141 charmaine.herron@laneneave.co.nz
Commercial Lawyers - Partnership Opportunity • Are you tired of complex management structures that add no value to your clients? • Are you over the pressure of big budgets and teams to provide for? • Are you passionate about your clients and delivering great results yet frustrated by the complications of a large legal practice? • Do you want freedom but also support without the management meetings? • Do you want to regain control of your practice and grow it your way? Dawson Harford and Partners is a unique boutique law firm. We work with fantastic clients on great cases and still get home at a reasonable hour. We believe in family and business working hand in hand, not in direct competition and we further believe that you can be at the top of your game and reap the rewards in a boutique law firm. We are looking for two new commercial partners to join our busy firm and grow with us in 2013. With an existing client base and proven track record, you will have no difficulty transitioning across to modern offices in Courthouse Lane. If you want to bring a team, we are open to that too. Talk to us confidentially about what your future could look like. Don’t waste another year.
Contact Graham Harford on 355 1520 or graham.harford@dawsonharford.com. Dawson Harford & Partners PO Box 106 347, Auckland 1143 www.dawsonharford.com
Applications close Thursday 28 March 2013
Senior Lawyer Immigration Wellington CBD
legal planit is a respected, forward thinking and growing firm located in Wellington’s CBD with specialist practice areas across immigration, property, business, and asset & estate planning.
WELLINGTON LEGAL MARKET PICKS UP
Due to the increasing demand across immigration, a need exists for a senior practitioner to lead and further develop this practice.
• Roles coming out our ears!
The ideal appointment will be from private practice background working either at partnership or senior associate level and they will hold a current practising certificate.
Intermediate-senior in-house solicitor: This role within a large in-house team is focused on contracting and related commercial legal work. There are arguably few roles which will match this one for variety though. You’ll be providing advice to an organisation delivering services across New Zealand, which is also a substantial purchaser of resources. This requires intellectual curiosity, professional acumen, integrity and lots of enthusiasm. Ref: CW 32690
A natural networker, they will be regarded as an immigration specialist with an established immigration practice and the ability to build relationships and generate new business. They must enjoy and have experience mentoring and developing talent within the team. Some experience or an interest in other areas would also be of interest. Not your typical legal environment, legal planit appeals to professionals looking to work inclusively within a technology savvy and customer focused business that is commercially minded. Please contact Jennifer Little at Jennifer@hrshop.co.nz for a confidential discussion. 0508 HR SHOP / Level 1 - 182 Vivian Street, P O Box 7031, Wellington South
www.hrshop.co.nz
• Private practice and in-house
In-house Counsel roles x 3: Iconic New Zealand Financial Institution seeks three experienced lawyers for 12 month fixedterm contracts. If you have general managed funds experience (Securities Act, Financial Advisers Act, KiwiSaver etc), call and quote Ref: JW 32658. If you have general commercial experience, with a particular emphasis on contract drafting and negotiation, call and quote Ref: JW32661. To apply, please send your CV to wellingtonjobs@momentum.co.nz quoting the reference number or for further information in strict confidence please contact Carla Wellington (CW32690) or Jane Wellik (JW32658 or JW32661) or alternatively Marissa Barnao on (04) 499 6161. 191 Queen Street Auckland P +64 9 306 5500
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40 Mercer Street Wellington P +64 4 499 6161
M O M E N T U M .C O. N Z