LawTalk Issue 815 by New Zealand Law Society

LAWTALK

28 MARCH 2013 / 815

FOR THE NZ LEGAL PROFESSION

· Page 4 ·

Mentally Healthy Workplaces PA G E 1 8

One thing I wish they’d taught me in law school PA G E 2 0

Practising Well Supporting Kiwi lawyers since 2009 Be sure to check out our PRACTISING WELL resources at my.lawsociety.org.nz/practising_well

NEW ZEALAND LAW SOCIETY NZLS EST 1869

INSIDE

THE MAGAZINE

FEATURE: A snapshot of the profession

“Make the judge (or jury) want to find for your client because it is right and fair – and the law will follow” p. 20

“Law Society information on lawyers holding a current practising certificate and data from other sources has been summarised to give a picture of the legal profession at 1 March 2013”

Auckland student mediators among the best Auckland University achieved second place overall in the International Chamber of Commerce (ICC) International Mediation Competition...

Moving towards CPD The Law Society is working on establishing an initiative to require all New Zealand lawyers to complete a required level of professional development each year...

Lawyers receive Earthquake Awards On 18 December 2012 Christchurch mayor Bob Parker awarded the final round of awards...

Mentally healthy workplaces There are rarely well thought-out preventative approaches that could stop many problems getting to crisis point

One thing I wish they’d taught me in law school Four years (or more) and then you burst out into the world armed with an LLB (or more)...

p. 4

FEATURE By Rachael Breckon

4 A Snapshot of the New Zealand Legal Profession A Snapshot of the New Zealand Legal Profession as at 1 March 2013...

Proposed changes to the Family Court The New Zealand Law Society says children’s voices will be lost if the Family Court Proceedings Reform Bill stays in its current form...

The book is alive and well The torrent of law books with which New Zealand’s legal publishers greeted 2012 is more of a trickle this year...

New branch council Invercargill sole practitioner Bill Dawkins is the new Southland branch President...

REGULARS

People in the law

Practising Well

Effective Practice

Professional Development

Law Reform Report

The Bookshelf

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LAWTALK • LAWPOINTS • OUR WEBSITES

30 Branch News

31 Lawyers Complaints Service

CHRISTINE WILSON Advertising Co-ordinator advertising@lawsociety.org.nz 04 463 2905

LAWTALK 815 / 28 MARCH 2013

FROM THE LAW SOCIET Y jonathan temm

would like to thank the profession and the New Zealand Law Society Council for giving me the unique opportunity of being the Law Society president for the last three years. In the 142 years of the New Zealand Law Society’s history only 28 people have served as president. I feel privileged to be among them. During my term, there have been changes and challenges to the structure of the national profession, significant legislation changes, and restructuring of the legal aid system. It is fair to say this has been, and will continue to be, a stressful time for all concerned. The legal aid changes are the most problematic. I do not believe the new model will endure. However, over this period the profession has also received very good news. I was very pleased about was the decision in November 2011 by the then Minister of Justice Simon Power that the Law Society would retain the power of co-regulation of legal profession. Where the profession has lost the power of regulation overseas, it has caused tremendous tension. An outside regulator usually means the legal profession has to cover the entire costs of regulation with no control over the practising fee. At the same time, external regulators do not have any obligation to maintain and improve the profession’s public image or standing.

LAWTALK 815 / 28 MARCH 2013

Overseas the loss of volunteers to maintain the organisation has seen costs treble; whereas, as a self-governing body, the Law Society has managed to effectively govern, yet run a tight ship during these tough economic times, and keep practising certificate fee increases to a minimum from 2010 to 2013. The Continuing Professional Development initiative has also been a very significant project over the last term. I am proud of this worldleading and intelligent scheme, which is a major step forward for the profession and, ultimately, the consumers of legal services. For most of you, the Law Society branches are the main point of contact with the organisation. While the majority of the branches remained relatively unchanged by the emergence of the “one society” in 2009, the Auckland branch was born out of that restructure. During the past few years it has been very satisfying to witness the significant growth in that branch, which manages to hold topical events and functions that enjoy excellent attendance. I am confident that in ending my term as Law Society president, I leave relationships with the Chief Justice, Minister of Justice and AttorneyGeneral at least as strong as I found them, and believe them to be in good heart. Finally, I would like to acknowledge the tremendous people I had the pleasure of working with over the last few years. This includes the NZLS Board, chairs of sections, Presidents of branches, convenors and committee members, the Executive Management Team, Law Society staff and members of the national legal profession. I wish you all well. Jonathan Temm New Zealand Law Society President

LAWTALK More than 12,000 copies of LawTalk are distributed each issue. The magazine of the New Zealand Law Society, LawTalk is sent to every lawyer in New Zealand who holds a current practising certificate. Although the number of lawyers with practising certificates varies, it is typically around 11,500. Others who receive LawTalk include members of the judiciary, Law Society associate members, legal executives, Members of Parliament, media, academics and others involved in the legal services industry.

STREET ADDRESS: 26 Waring Taylor Street, Wellington Postal address: DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, New Zealand EDITOR: Frank Neill Ph +64 4 463 2982 editor@lawsociety.org.nz WRITERS: Rachael Breckon Ph +64 4 463 2910 rachael.breckon@lawsociety.org.nz Elliot Sim Ph +64 4 463 2902 elliot.sim@lawsociety.org.nz Advertising: Christine Wilson Ph +64 4 463 2905 advertising@lawsociety.org.nz Inquiries about subscriptions to: subscriptions@lawsociety.org.nz DESIGN: Andrew Jacombs Ph +64 4 463 2981 andrew.jacombs@lawsociety.org.nz Printing: Lithoprint, Wellington ISSN 0114-989X

Coming up … Children’s rights Professor Ursula Kilkelly, Dean of the Law Faculty at University College Cork, Ireland, will give a lecture on Advancing the Constitutional Rights of Children: The Irish Story at Waikato University at 6pm on 3 April. The lecture will be delivered in S.G.02 – S Block and refreshments will be available from 5:30pm.

Pacific Lawyers’ Association The AGM of the Pacific Lawyers’ Association Incorporated will be held at 9am on Saturday 13 April at AUT Manukau Campus. The business will be: report on PLA Inc; the Financial Accounts; election of Executive; notice of motions and general business. Any notices of motions and/or nominations for consideration at the meeting must be received by the secretary via email to pacificlawyersassociation@ gmail.com by 5pm on Friday 5 April.

Smarter regulation Victoria University’s Law Faculty will host the conference Recalibrating Behaviour: Smarter Regulation in a Global World on 23 and 24 April. The conference will be held in lecture theatre 1 in the Old Government Buildings. The keynote speakers are Professor Fiona Haines, School of Social and Political Sciences, University of Melbourne and Professor Jonathan Weiner of Duke Law School. This conference aims to advance the dialogue on regulatory reform in New Zealand using the research of the New

Zealand Law Foundation’s Regulatory Reform Project. That project started in 2010, led by Professor Susy Frankel, and comprises a multidisciplinary team of researchers from the Victoria University Law Faculty, New Zealand Institute of Economic Research and Chapman Tripp.

Aviation law The 33rd Annual Aviation Law Association of Australia and New Zealand Conference will be held in Sydney from 5 to 7 May. This event provides a forum for delegates to get up to date with the issues currently facing lawyers, insurers, brokers and the broader aviation industry. Organisers have put together an informative and relevant programme to be delivered by experienced local and international presenters covering the latest industry developments in aviation law, both from an Australasian and international perspective. See www.alaanz.org.

Anti-money laundering The Association of Certified Anti-Money Laundering Specialists (ACAMS) will present its 5th Annual AML and Financial Crime Conference – Asia Pacific on 22 and 23 April in Bangkok. ACAMS and the Conference Task Force have created a curriculum designed to keep attendees abreast of the latest strategies for combating financial crime. During this intense educational experience, attendees will receive guidance from financial crime prevention veterans representing leading institutions including the Anti-Money Laundering Office, Thailand’s FIU, Bangko Sentral ng Pilipinas, ANZ and Citigroup. See www.acams.org/home.

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 815 / 28 MARCH 2013

A S N A P S H O T OF THE NEW ZEALAND LEGAL PROFESSION 01 M A R C H 20 1 3

The New Zealand Law Society regulates New Zealand’s legal profession and is responsible for issuing practising certiﬁcates. Law Society information on lawyers holding a current practising certiﬁcate and data from other sources has been summarised to give a picture of the legal profession at 1 March 2013.

LAWTALK 815 / 28 MARCH 2013

PRACTISING CERTIFICATES ON ISSUE brancH

barrister

sole practice

laW FirM

in-House

unspeciFieD

total

AUCKL AND

786

49 6

3068

872

5 263

CANTERBURY-W E STL AN D

11 7

844

11 8

1188

G ISBO RNE

HAW KE’ S BAY

1 51

220

MANAWATU

139

MARLBO RO UG H

NELSO N

1 05

15 3

OTAGO

295

422

SO UTHL AND

11 3

133

111

15 0

120

67 1

11 8

105 8

WELLINGTO N

222

1 82

111 8

11 0 0

26 4 4

WHANG ANUI

13 82

1 0 81

6 6 83

231 3

115 41

2 93

1 21

464

1 41 4

1094

6976

24 3 4

12005

UNSPECIFIED

NGA

KAT WAI

AND THL

ANA TAR

SOU

OTA

GH ROU SON NEL

MAR

LBO

BAY

AWA

MAN

HAW

KE’S

E ORN

BUR

GISB

TER CAN

AUC

KLA

Y-W

EST

LAN

TOTAL

WHA

OVERSE A S

LING

TOTAL NEW Z E AL AND

NUI

148

O BA Y OF PLE NTY TON

WAIK ATO BAY O F PLEN T Y

WEL

TAR ANAKI

IN-HOUSE BARRISTER SOLE PRACTICE LAW FIRM UNSPECIFIED

IN-HOUSE

LAW FIRM SOLE PRACTICE BARRISTER

LAWTALK 815 / 28 MARCH 2013

FE ATURE

TRENDS IN THE PROFESSION’S MAKE-UP Like all professions, the legal profession has undergone major change in the last few decades. Demographically, there have been signiﬁcant shifts in the proportion of

women practising law, the rise (and levelling out) of barristers sole and more in-house lawyers. The passage of the Lawyers and Conveyancers Act 2006 also means lawyers

based overseas are able to hold a New Zealand practising certiﬁcate and a growing number of lawyers are now based overseas. Trends since 1990 can be shown as follows:

GENDER BALANCE A majority of new entrants to the legal profession are female and the proportion of female lawyers continues to increase.

43.9% 44.8% 45.3%

50.0%

39.0% 34.0% 27.0%

45% OF LAWYERS ARE FEMALE

20.8%

0.5 % SINCE 2012

1990

1995

2000

2005

2010

201 2

201 3

BARRISTERS During the 1990s there was rapid growth in the number of barristers practising in New Zealand. The proportion of lawyers practising as barristers is now declining.

12% OF LAWYERS ARE BARRISTERS

0.6 % 4.5% SINCE 2012

1990

8.4%

1995

11.3%

12.6%

14.2%

12.4%

11.8%

2000

2005

2010

201 2

201 3

IN-HOUSE LAWYERS The proportion of lawyers employed in-house continues to rise. CLANZ, the Law Society’s section for in-house lawyers was established in 1987.

20% OF LAWYERS PRACTICE IN-HOUSE

LAWTALK 815 / 28 MARCH 2013

0.2 % SINCE 2012

N/A 1990

12.0%

13.3%

1995

2000

19.0%

19.1%

20.1%

20.3%

2005

2010

201 2

201 3

FE ATURE

PRACTICE IN NEW ZEALAND solicitors into two different groups: sole practitioners and lawyers who practice in a law ﬁrm with two or more lawyers. The information in this section excludes lawyers

New Zealand’s lawyers can be grouped into three areas of practice: barristers sole, barristers and solicitors and in-house lawyers. This analysis divides barristers and

who are based outside New Zealand. All lawyers practising in New Zealand have an average of 18.1 years in practice.

BARRISTERS 12% Since 2012 barristers have been required to complete Stepping Up and this (along with changes in legal aid) may be partly responsible for the slight drop in the number of barristers over the last two years.

F E M A L E 3 6.7 % 63.3% M A L E

24.3

ELSEWHERE H A M I LT O N CHRISTCHURCH WELLINGTON

AUCKLAND

AV E R A G E Y E A R S I N P R A C T I C E

21.1 % 40+ Y E A R S 5 .1 % 7.8% 30–39 Y E A R S 13.3% 20–29 Y E A R S

12.2%

10–19 Y E A R S 0–9 Y E A R S

26.9% 12.0 %

40+ Y E A R S

21.3%

30–39 Y E A R S

31.9%

20–29 Y E A R S 10–19 Y E A R S 0–9 Y E A R S

25 .2% 18.1 % 03.4%

25 .8% 40+ Y E A R S 2.9% 30–39 Y E A R S 3.7 % 20–29 Y E A R S 10.9% 10–19 Y E A R S 13.8%

7.3% 11.7 % 1 4 . 5%

0–9 Y E A R S

41. 5%

40+ Y E A R S 30–39 Y E A R S 20–29 Y E A R S

1.8% 6.6 % 18.8%

10–19 Y E A R S

41.3%

0–9 Y E A R S

31.4%

LAWTALK 815 / 28 MARCH 2013

52.7 %

20.9 % 2 7.9%

SOLE PRACTITIONERS F E M A L E 27% 73% M A L E

9.4% Lawyers in sole practice comprise 9.4% of New Zealand-based lawyers.

29.7 AV E R A G E Y E A R S I N P R A C T I C E

ELSEWHERE

21.1 %

H A M I LT O N CHRISTCHURCH WELLINGTON

3.3% 7.0% 10.7 %

AUCKLAND

38.9%

LAWYERS IN FIRMS 57.9% Lawyers in ﬁrms with more than one lawyer make up 57.9% of New Zealand-based lawyers.

16.2

AV E R A G E Y E A R S I N P R A C T I C E

EMPLOYEES A V G 10.5 Y E A R S 62.5% 59.3% PARTNERS A V G 26.4 Y E A R S 30.1%

F E M A L E 45 .6% 5 4 .4% M A L E

22.3%

ELSEWHERE DUNEDIN H A M I LT O N CHRISTCHURCH WELLINGTON

25 .0%

DIRECTORS A V G 22.3 Y E A R S 7.5% 2 1 . 5%

AUCKLAND

42.9%

IN-HOUSE LAWYERS 20.0% In-house lawyers comprise 20% of New Zealand-based lawyers.

14.9 AV E R A G E Y E A R S I N P R A C T I C E

F E M A L E 57. 5% 42. 5% M A L E

ELSEWHERE H A M I LT O N CHRISTCHURCH

10.6% 3.3% 4 .9%

WELLINGTON

36.6%

AUCKLAND

4 4 .6%

FE ATURE

AREAS OF PRACTICE lawyers doing some work in company/ commercial. While the picture changes according to the type of law practice, the

56%

43%

51 %

32%

CIVIL

LITIG

FAMIL

4% ATES

S/EST

1 4% RCIAL

TRUST

PROPE

COMP

CIVIL

ANY/C

OMME

4% ATION

LITIG

FAMIL

2% ATES

ATION

1 4% RTY

10%

9% TRUST

COMP

ANY/C

S/EST

RTY

OMME

PROPE

RCIAL

3% YMEN

4% RCIAL

EMPLO

OMME

FAMIL

COMP

ANY/C

CRIMI

10%

22%

26%

23% 15%

21 % NAL

36 %

42%

4 5% 19% ATION LITIG CIVIL

30%

6 5%

69%

O V E R 50% O F T I M E

53%

SOME WORK

LA WYERS IN FIRMS WITH 1+ PRINCIPALS

SOLE PRACTITIONERS 61 %

BARRISTERS

three most important areas are company/ commercial, property and civil litigation.

51 %

Company and commercial and property law are the two most commonly practised areas of law, with 49% of New Zealand-based

CRIMINAL

21%

RESOURCE MANAGEMENT

1 5%

INTELLECTUAL PROPERTY

1 5%

LAWTALK 815 / 28 MARCH 2013

2.0 % 2. 5%

28%

A D M I N I S T R AT I V E

1 0.8% 1 0.4% 8. 5%

17%

RCIAL PROPE RT CIVIL LITIG Y TRUST ATION S/EST A EMPLO TES YMEN T

E M P LO Y M E N T

31 %

OMME

FA M I LY

36%

SOME WORK O V E R 50% O F T I M E

7% 23 .6 % 6.3% 21 . 3% 9.1 % 2 1 . 2% 5 . 3% 20. 5% 2.0 % 1 7.4%

ANY/C

T R U S T S / E S TAT E S

37 %

RCIAL PROPE RTY F AMIL CIVIL LITIG Y TRUST ATION S/EST ATES

COMP

C I V I L L I T I G AT I O N

42%

OMME

11 %

2 5 .0 %

PROPERTY

49%

ANY/C

12%

COMP

C O M PA N Y/ C O M M E R C I A L

4 8.0 % 40.8% 33.6% 35 .6 %

ALL NEW ZEALAND BASED LAWYERS

FE ATURE

ADMISSION TO THE LEGAL PROFESSION New Lawyers are admitted to the profession throughout the year. As noted in our Snapshot last year, two clear trends are

apparent: the number of new entrants as a proportion of the number of lawyers in practice is declining, and the proportion

1980 A D M I S S I O N S = 293 1990 A D M I S S I O N S = 429 2 000 A D M I S S I O N S = 905 2010 A D M I S S I O N S = 835 2 011 A D M I S S I O N S = 925 2 012

of women admitted as lawyers continues to increase (although the 2011 and 2012 statistics indicate this could be plateauing).

A D M I S S I O N S = 216 23.2%

42%

58. 5%

62.7 %

60.4%

61 %

L A W Y E R S C U R R E N T LY P R A C T I S I N G B Y A D M I S S I O N Y E A R 1 00%

3 .7 %

24 .2 %

9 6. 3%

7 5 .8%

ALL LAWYERS

4 5 .1 % 54 .4% 5 4 .9 % 45 .6 %

6 0.7 %

40+ Y E A R S

6.4%

30–39 Y E A R S

13.2%

20–29 Y E A R S

17.0%

39.3%

1962 1972 1982 1992 200 2 2012

10–19 Y E A R S

0–9 Y E A R S

MALE 40+ Y E A R S

FEMALE 11. 5%

30–39 Y E A R S

19.8%

20–29 Y E A R S

18.7 %

10–19 Y E A R S

22. 5%

0–9 Y E A R S

2 7. 5%

40+ Y E A R S 30–39 Y E A R S

0.2% 5 .2%

20–29 Y E A R S

1 4 .9%

10–19 Y E A R S

30. 5%

0–9 Y E A R S

49.2%

LAWTALK 815 / 28 MARCH 2013

26.1 %

37.3%

FE ATURE

L A W Y E R S B Y LO C A T I O N – N U M B E R S WHANGAREI

1 2 0 – 1 .0 %

TAURANGA

2 75 – 2.4%

AUCKLAND

ROTORUA

1 28 – 1 .1 %

49 97 – 43%

H A M I LT O N

4 32 – 3 .8%

N E W P LY M O U T H

11 5 – 1 .0%

PA L M E R S T O N N O R T H

1 05 – 0.9%

NELSON

143 – 1.2%

NAPIER

11 7 – 1 .0 %

HASTINGS

74 – 0.6 %

LO W E R H U T T

1 78 – 1 . 5%

WELLINGTON CHRISTCHURCH

2 259 – 1 9.6 %

1 028 – 8.9%

DUNEDIN

28 3 – 2. 5%

INVERCARGILL

11 4 – 1 .0 %

LAWTALK 815 / 28 MARCH 2013

FE ATURE

L A W Y E R S B Y LO C A T I O N – P E R C A P I T A HIGHEST PROPORTION OF LAWYERS

LO W E S T P R O P O R T I O N O F L A W Y E R S

K E R I K E R I – 1 P E R 205 W E L L S F O R D – 1 P E R 3 40 W A R K W O R T H – 1 P E R 19 4 A U C K L A N D – 1 PER 3 0 0 H A M I LT O N – 1 P E R 397 M A T A M A T A – 1 P E R 400

WELLINGTON – 1

PER

CHRISTCHURCH – 1

1 50 0 - P U T A R U R U 1 P E R 1 91 4 - T O K O R O A 1 P E R 69 4 0 - K A W E R A U 1 P E R 1 350 - O T O R O H A N G A 1 P E R 4 30 0 - W A I R O A 1 P E R 2 0 00 - T A I H A P E 1 P E R 1 2 8 9 - H A V E LO C K N O R T H 1 PER 1 8 0 4 - U P P E R H U T T 1 PER 1 4 4 0 - M O T U E K A

PER

388 1

Q U E E N S T O W N – 1 PER 3 4 4 A L E X A N D R A – 1 PER 3 0 0

MOST EXPERIENCED CENTRES Excluding centres with fewer than 10 lawyers, the locations with the highest proportion of lawyers who have been in practice for 40 years or more are Hawera (33.3% of all lawyers), Feilding (33.3%), Wanaka (31.3%), Levin (29.4%), Warkworth (27.8%) and Masterton (25.0%).

FRESHEST FACES Again excluding centres with fewer than 10 lawyers, the locations with the highest proportion of lawyers who have been in practice for 5 years or less are Hawera (40.0% – and interestingly also topping the table for highest proportion with 40 years or more experience), Morrinsville (30.0%), Whakatane (27.8%), Wellington (26.8%) and Orewa (25.0%).

Putting together an accurate global list of lawyers per head of population is difﬁcult. Israel appears to lead the world, with a 2010 Israel Court Administration report giving the country one lawyer for every 171 people. Figures from the American Bar Association show that the 1,225,452 lawyers in the United States in 2011 gave a ratio of one lawyer to 256 people. Brazil was also ahead of New Zealand, with Bar Association of Brazil data showing 1 lawyer for 316 people.

1400 - WAIMATE

OTHER PROFESSIONS To give some context to the number of lawyers per New Zealander, the following information shows numbers in some other professions. Information has been extracted from the latest annual report of the appropriate regulating body and shows fully practising professionals (excludes associates, graduates and others). PROFESSION

(NZ AND ABROAD)

HOW DO WE SHAPE AGAINST OTHER COUNTRIES?

PER

ARCHiTECTs

NUMBER

P E R C A P I TA

1,62 1

2 751

C H A R T E R E D A C C o U n TA n T s

24,6 4 0

181

DEnTisTs

2,61 9

1 702

DoCToRs

1 3,874

321

nURsEs

4 6,28 4

sURVEYoRs

722

61 7 7

TEACHERs

98,000

LAWYERs

1 2,005

372

LAWTALK 815 / 28 MARCH 2013

FE ATURE

QUEEN’S COUNSEL In general a Queen’s Counsel will have held the honour for an average of 14 years. For the record the longest practising Queen's Counsel, according to our research is Anthony Molloy, who was granted the title 29 years ago. The next round of appointments is expected shortly

86%

FEMALE MALE

AUCKLAND WELLINGTON CHRISTCHURCH DUNEDIN H A M I LT O N N E W P LY M O U T H ROTORUA TA U R A N G A WAIKANAE

1 4%

41 27 6 2 2

1 1 1 1

T O TA L C U R R E N T QUEEN’SCOUNSEL

YEARS

AV E R A G E T I M E Q C

YEARS

LO N G E S T S E R V I N G Q C – A N T H O N Y PAT R I C K M O L LOY

L A W Y E R S I N PA R L I A M E N T For this year’s snapshot we decided to look at how many Members of Parliament had a legal background. The information has been gathered from parliamentary and party websites.

M P S WHO ARE L A W Y E R S

17%

NZ FIRST

25%

NATIONAL

20%

LABOUR

15%

GREEN

15%

UNIVERSITY ATTENDED

LAWTALK 815 / 28 MARCH 2013

AUCKLAND

WA I K AT O

V I C T O R I A C A N T E R B U RY O TA G O N O T S U R E 4

FE ATURE

THE JUDICIARY To round off last year’s Snapshot we included judiciary information collected from the Ministry of Justice websites. This year we have updated that information and note any changes.

GENDER There has been a slight increase in the representation of women in most courts with the exception of the High Court (which decreased slightly). Female representation in the Supreme Court increased 23%.

72 %

FEMALE MALE

SUPREME APPEAL

28%

HIGH

DISTRICT

20%

21 %

80%

7 9%

31 %

40%

69%

60%

UNIVERSITY ATTENDED

ELIGIBLE FOR APPOINTMENT

Information is not available for all District Court judges and they have been excluded.

AUCKLAND

SUPREME

VICTORIA

SUPREME

CANTERBURY

SUPREME

OTAGO

APPEAL

HIGH

21 1

APPEAL

This data has been adjusted to exclude all lawyers who have been admitted for less than 7 years (the minimum time a lawyer must be eligible for appointment to the judiciary).

HIGH

15 1

11.0 11.0 9.7 10.3 10.3

21+ Y E A R S

16-20 Y E A R S

11-15 Y E A R S

06-10 Y E A R S

SUPREME

HIGH

3463

DISTRICT

SUPREME 0 HIGH

For the record New Zealand’s longest serving members of the judiciary (at March 2013) are Keane J (26 years), Ronald Young J (25 years) and Judge Harvey (24 years).

APPEAL

52 7 5

APPEAL 0

APPEAL

TIME AS JUDGE

1 6

AV E R A G E

LAWTALK 815 / 28 MARCH 2013

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 Tauranga lawyer Rob Ronayne has been appointed a District Court Judge with a jury warrant. He was sworn in at Tauranga on 22 March and will sit in Auckland. Judge Ronayne was admitted in 1978 and spent his first two years of practice working in general conveyancing for a small Auckland firm. He then moved to Rotorua in 1979 practising exclusively in litigation (criminal defence, family and general civil) at East Brewster. He has appeared in various tribunals and was appointed to the Police Disciplinary Tribunal. In 1998, Judge Ronayne became a partner and Crown prosecutor at the Tauranga office of the Crown Solicitor, Ronayne Hollister-Jones Lellman. He has regularly taught litigation skills for Crown prosecutors. Robert Stevens has been appointed Public Defender for the Northern Region. Mr Stevens, who began in his new role on 25 March, has been Deputy Public Defender in Tauranga for the past 12 months. Mr Stevens has more than 27 years’ experience as a criminal lawyer. He graduated from Victoria University and was admitted in Wellington in 1986. He became a consultant to J D A Fanselow in 1992 and was a founding partner and principal in Fanselows, Solicitors, for more than 16 years before joining the PDS as the Deputy Public Defender in Tauranga. He was appointed an inaugural member of the Legal Aid Tribunal and has served on the New Zealand Law Society Legal Services Committee. He has a particular interest in Bill of Rights issues.

LAWTALK 815 / 28 MARCH 2013

The successful Auckland University team (from left) coach Nina Khouri, Alice Wang, Nupur Upadhyay, Adam McDonald and Kimberley Eccles. Photo: Bea Uhart/ICC.

Auckland student mediators among the best AUcKlAnD UnIvERSITy achieved second place overall in the International Chamber of Commerce (ICC) International Mediation Competition held in Paris last month. The Auckland team also won the prize for the best mediation advocacy skills. This is the first time a New Zealand team has competed in the global event. The team of Nupur Upadhyay, Adam McDonald, Alice Wang and Kimberley Eccles was coached by Nina Khouri, a commercial litigator and strong advocate of mediation who recently joined the university’s Law Faculty. Now in its eighth year, the ICC competition saw 66 university teams from 31 countries working with top mediators from around the world to solve complex international business disputes. Auckland University won its octo-

final against Stockholm University, its quarter-final against University College London, and its semi-final against Vanderbilt University. Auckland was runner-up to a team from Poland in the Grand Final. Well-known commercial mediator Geoff Sharp was on the Rules Committee at the competition. Having judged and mediated at the Paris competition for three years, he says it was superb to watch the Auckland team progress through the competition. “Although the competition has limited profile in New Zealand, it is huge for the European and US law schools and the Auckland team was the talk of the town. I received comment from a top-tier London mediator saying he had never seen such a student performance in all his eight years of judging,” Mr Sharp says.

PEOPLE IN THE L AW

on the move Una Jagose has been appointed deputy Solicitor-General, Crown Legal Risk at Crown Law. Una has been Crown counsel since 2002, and a team leader in the public law group since 2007. Richard Allen has joined Buddle Findlay’s Wellington office as a consultant in the property team. Richard practises property law and has worked in other firms, for a national trustee company and as a sole practitioner. He has a particular interest in residential property, asset planRichard Allen ning (using trusts, companies and other entities) and relationship property. He also regularly acts on the acquisition, sale and the associated financing and structuring of businesses. Miriam Andrews has re-joined the firm’s Auckland office as a senior associate in the banking and finance team, following her most recent role as Miriam Andrews transaction director at an international capital management company. Miriam specialises in portfolio acquisitions, acquisition finance, general corporate lending, property finance and restructuring. Chris Holland has joined Buddle Findlay’s Wellington office as a senior associate in the banking and finance team. Before the Chris Holland move, Chris was a senior solicitor at the Financial Markets Authority. Chris has also worked in financial services law in the United Kingdom, both in private practice and with the UK’s Financial Services Authority. Tracey Wills has joined the firm’s Wellington office as a senior associate in the banking and finance team Tracey Wills specialising in securities and regulatory law, mergers and acquisitions and corporate governance

Sam Davies

work. Before the move, Tracey worked for ANZ Bank New Zealand. Sam Davies has joined Buddle Findlay’s Auckland office as a senior solicitor in the tax team specialising in tax dispute resolution. Before the move, Sam worked in a leading tax litigation practice in London.

Mark Hopkinson has joined Glaister Ennor as a consultant in the commercial team. Mark acts for financial service providers, financiers, fund managers, trustee corporations, financial advisers, investors, receivers, liquidators and a range of corporates and medium sized businesses. Mark’s experience includes senior management in a financial institution, a partner in a boutique law firm and an independent director of a major property fund. Ben Molloy was made a partner of Haig Lyon on 1 December 2012. Ben joined the firm in 2007 having previously practised in both the private and public sector. Ben specialises in civil litigation and employment and acts for a range of clients from commercial clients through to private individuals. Sarah Mitchell has been made a partner of Grimshaw & Co. Sarah, who joined the firm in May 2009, specialises in civil litigation and has experience in all stages of preparing large scale litigation in the High Court, Court of Appeal and Supreme Court. Sarah also has experience in negotiating resolution of matters by mediation and other forms of alternative dispute resolution. Andru Isac has joined the Wellington office of Gibson Sheat as a litigation partner. Andru recently moved to Wellington from Palmerston North where he was head of litigation at Fitzherbert Rowe. Andru specialises in civil and commercial disputes and has experience in insurance

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LAWTALK 815 / 28 MARCH 2013

PEOPLE IN ThE L AW and resource management litigation. He also acts as a senior advocate in criminal cases. gavin cairns recently relocated from Wellington to Tauranga to join Sharp Tudhope Lawyers. Gavin has been practising law since 2000 and advises clients on commercial and residential property matters. He specialises in family trusts, estate planning and elder law issues, trust formation, management, resettlements, reviews and advice. Two lawyers joined Fletcher Vautier Moore recently. Ashleigh Woodhouse, solicitor, has joined the firm’s civil litigation department, returning to Ashleigh Woodhouse Max Tait Nelson after working in Wellington. Max Tait, senior solicitor, has joined the Motueka office. Max specialises in commercial and property law.

LAW FiRM nEWs In the last issue of LawTalk, there was an item about a new firm, Aoraki legal limited, created from the merger of Petrie Mayman Clark and Bradley West Limited. The telephone number we gave for the firm’s Timaru head office was incorrect, being its fax number. Aoraki Legal Limited’s phone number is (03) 687 9480.

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WELCOME TO THE PROFESSION The New Zealand Law Society welcomes the following recently admitted lawyers to the profession.

LIBRARY Nicola Coombes Radoslaw Dawid Dajer Vaughn Clement Hill Sophie Alice McGirr Shanti Louise Niven Lyndon Francis Rogers Rosa Maria Bellolio Roth Helena Naaha Taiaroa Kiri Claire Ryan Williams Saima Noor Zafar Wellington Sarah Charlotte Deeble Ismail Demirci Erica Joyce Devine Catherine Anne Edmonds Shani Lianne Gray Julia Stephanie Henderson Yilun Jiang Samuel James Kelleher Sophie Rebekah Kinsella Jenny Islay Lackey Adrien Prochnow La Grow Phillippa Alison Le Fevre Kimberley Jane Lewis Channy Mao Rachel Jane McMaster Sam Nima Meymand Fiona Mary Pringle Shaun Nicol Raumati Lukas Clemens Schröter Zoe Olivia Stapleton Paul James Timings Wilson Alexander von Batenburg Shona Elizabeth Walter Timothy Campbell Thomas Williams Patricia Margaret Yee

LAWTALK 815 / 28 MARCH 2013

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PROFILE

Lawyers receive Christchurch Earthquake Awards chRISTchURch lawyer Shonagh Burnhill says the recognition given to her fellow colleagues for their heroics during the 22 February 2011 earthquakes is extremely well deserved. On 18 December 2012 Christchurch mayor Bob Parker awarded the final round of awards to honour people who undertook acts of kindness, service or hero- Ernst & Young Building to left, PGC site to right (grassed area). There is no ism during the 22 February access to the site as it is still in the red zone. earthquakes. looked to my left and saw that the PGC Five of the award recipients were building had collapsed and appeared to Saunders and Co lawyers Vanessa Cleme to still be collapsing.” ments, Toby Giles, David Lang, Andrew Ms Burnhill says at that point, some Riches and Richard Rodden. people were “hysterical and others were Ms Clements and Mr Rodden no longer wandering around in shock”. work for Saunders and Co. “Richard and David worked on the Ms Burnhill says at the time of the side of our building which looked out earthquake, the five lawyers were all onto the PGC building. working for the firm in the Ernst and “They saw the building collapse, Young building, situated alongside the checked to make sure work colleagues PGC building in Cambridge Terrace. were safe, bolted down the stairs and “On the day of the earthquake, just ran to the PGC. before lunchtime, our building started to Ms Burnhill says a man was trapped shake. I was standing in the open-plan on the intact ground floor of the PGC part of the office and realised I had to building. quickly find somewhere safe to shelter. “David threw a large bit of rubble “I ran into Vanessa’s office, and was through the glass window to smash it to knocked to the ground with the force enable the man to get out. of the earthquake. The next thing I “Richard, Toby, Andrew and Vanessa remember is crawling on the ground, also heard a female voice calling for help. but not getting any traction,” she “They traced the sound from the back recalls. of the building and eventually a hand Ms Clements scrambled out from under appeared, and then a person, who told her desk, grabbed Ms Burnhill under the them she had another person with her.” shoulders and hauled her under her desk. Ms Burnhill says they had been on “This happened just in time as two metal the third floor, which had then colfiling cabinets came crashing down in the lapsed to around the first floor level. spot where I had been shortly before. “Whilst Vanessa talked to the woman, “After the shaking stopped we evacuDavid, Andrew, Toby, Richard and two ated the building. The scene outside other men improvised a ladder out of a was surreal. The road and footpath railing and some concrete rubble. outside our building were carpeted with “However, the ladder was too short, papers and files. so the men formed a human ladder, with “This didn’t make any sense until I

Andrew Riches, David Lang, Richard Rodden, Toby Giles, Vanessa Clements.

each man holding the man above him around the top of his thighs and waist. “They then persuaded the women to jump about a metre across to the person at the top of the human ladder. Ms Burnhill says while rescuing people there were many aftershocks, which caused rubble to rain down on them, and before the second woman was rescued a large 5.9 aftershock struck. “It looked like the external stairs might come down on them but they continued to persevere. “Vanessa, together with a doctor called Mark, who worked in our building as a researcher, set up a triage station and administered first aid to survivors. “Vanessa and Mark assisted many people, at least 10 to 15, before medical professionals arrived.” They dealt with survivors with horrendous injuries including crush and traumatic injuries and assisted with whatever was at hand. Others ran to get ice from a shop and first aid kits. After the medics arrived they stayed on to assist. “After rescuing people from the PGC building, David, Richard, Andrew and Toby then set about finding jacks from cars and assisting with the rescue by carrying survivors on stretchers fashioned from a door and blankets to the triage station.” Throughout the ordeal, aftershocks continued, sirens wailed and general anarchy reigned supreme. “My colleagues managed to keep their heads together, to remain calm and to treat the survivors with dignity. “I have huge admiration for the work they did that day. They were so courageous and really did step up to the challenge, putting thoughts of their own safety to one side,” she says.

LAWTALK 815 / 28 MARCH 2013

PR ACTISING WELL Mentally healthy workplaces BY HUGH NORRISS IF YOUR BUSINESS DEALS with complex subject matter, and needs to work constructively with clients and respond proactively to a changing environment, then good people will be your greatest resource. Speciﬁcally people’s minds – their thinking, reasoning, emotional and perceptive abilities – will be the critical factors for your organisational success. The state of people’s mental health drives the quality of the functioning of the mind, so mental health is an extremely important underlying factor to consider in an organisation. To be mentally healthy is to have a state of wellbeing which supports social, physical and psychological functioning, the World Health Organisation says. However good mental health in today’s workplace is often compromised – either through problems such as chronic stress, sleep disturbance, loneliness and addictions, or through common mental illnesses such as depressive and anxiety disorders. Most organisations today do not actively ensure they do all they can within their scope of responsibility to support their employees to have good mental health. More often than not it’s

a partial and reactive approach and may only include sick leave and employee assistance programmes (EAPs). There are rarely well thought-out preventative approaches that could stop many problems getting to crisis point, and which would promote greater psychological strength and resilience. Most organisations do not have strategies to encourage employees to develop the lifestyles, thinking habits and working practices to become mentally healthy and psychologically resilient, even though many organisations are starting to encourage good physical health in this way.

Acknowledging emotions Professional cultures, even the medical profession, can be resistant to acknowledging the emotional experiences of themselves and others. This is possibly because emotions have been seen as the enemy of reason and the well-controlled, ordered environments that generally underpin a professional approach. However behavioural research is increasingly showing that subconscious and emotionally-based responses drive our decisions and behaviours much more than we might like to believe.

Organisational cultures that continually suppress people’s negative emotional reality, (such as fear shame and stress) can contribute to toxic outbursts, bullying, potentially physical health problems, especially cardiovascularrelated, or mental illnesses such as depression. Of course over expression of emotions in a workplace can also be a problem, and this is where emotional intelligence becomes an essential skill for an organisation to promote. Positive emotions should also be considered, as they have a powerful effect on boosting creativity, cognitive capacity and empathy, and can build psychological resilience. A meta analysis carried out in 2012 found that employees who have a high happiness score have “31% higher productivity; their sales are 37% higher; their creativity is three times higher” (Accor, S. [2012, January-February] Positive Intelligence, Harvard Business Review, pp 100-102.) Humans experience a range of emotions, from the “positive” ones like amusement, serenity, awe and gratitude, and “negative” ones such as fear, sadness and embarrassment. Extensive research from United States psychology researcher Dr Barbara Fredrickson

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LAWTALK 815 / 28 MARCH 2013

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PR ACTISING WELL suggests a three-to-one (positive to negative) ratio of emotional responses is associated with optimal psychological wellbeing. Negative emotions are of course appropriate to many situations and popularised positive thinking strategies that aim to eliminate all negativity will fail in the long term. However too many negative emotional responses will undermine mental wellbeing and likely affect physical health as well. Positive emotions can be easily increased through a range of socially and physically beneﬁcial activities and habits. The most beneﬁcial strategy to increase mental wellbeing also ensures a strong sense of meaning and purpose in life, positive social connections and regular engagement in absorbing activities.

Mental health support for your practice/organisation The legal profession is widely acknowledged to be a stressful one (see LawTalk 811, 1 February 2013, p15), with higher than average rates of depression. Chronic stress can contribute to depression because it undermines protective factors such as maintaining strong social connections, time for exercise, relaxation and sleep, and the ability to reframe situations more positively. A response to the grim mental health statistics can go beyond that of just advising individuals how they can seek help when they can no longer cope. A more effective and preventative approach is likely to be one where the organisation also promotes mental wellbeing for everyone, reducing the risk of stress and depression but also gaining the beneﬁts that optimal psychological health brings. Globally – particularly in the United Kingdom, the United States and Canada – there are now a number of consultancies that focus on workplace psychological safety and increasing employee mental wellbeing, assisting organisations to measure their wellbeing and develop tailored strategies. In New Zealand one such initiative is Working Well (see sidebar) which has been developed by the Mental Health Foundation to help employers take a proactive approach to

mental health and wellbeing. Future articles in this series will outline proven strategies for increasing wellbeing at an individual and organisational level.

In summary Things to remember about mental health. ▪ Like physical health, everyone has mental health. ▪ Mental health will ﬂuctuate in quality throughout our lives, and will be affected by a range of factors, some within our control and some beyond it. ▪ According to national surveys, nearly half of all New Zealanders will meet the criteria for a diagnosable mental illness over their lifetime. ▪ Depressive, generalised anxiety and substance misuse disorders are by far the most common mental illnesses. ▪ Because mental illness is so common we should all be primed to seek help when we need it. ▪ Most people will recover from mental illnesses and this is helped by good treatment and support. ▪ To be mentally healthy is much more than just not having an illness. Psychological wellbeing has its own set of drivers and measures. ▪ There are many evidence-based behaviours and thinking habits that people can adopt (depending on their personality and life situation) that will increase their psychological wellbeing. ▪ You can reduce your risk of physical and mental health problems by increasing your psychological wellbeing. Hugh Norriss is the Director of Policy and Development at the Mental Health Foundation of New Zealand, and also the Director of Working Well. Working Well is the Mental Health Foundation’s programme to support workplaces to be mentally healthy. Before joining the Mental Health Foundation in 2009, he has held a range of leadership positions in mental health services, including Group Manager of Mental Health Services and Mental Health Planning and Funding Manager at Capital Coast Health 2005-2009 and Chief Executive of Wellink Trust, 1997-2005.

Working Well – helping to make workplaces mentally healthy THE WORKING WELL APPROACH focuses on supporting organisations in three main areas. 1. Increasing positive mental health (psychological wellbeing). Providing programmes and a workplace culture based on a range of evidence-based behaviours and actions that lead to increased employee happiness and productivity, improvements in their physical health and reduced risk of mental and physical illness. 2. Assisting employees who have or develop a mental illness. Ensuring employees are supported to recover from their illness, can maintain productivity in their work, and are treated fairly and appropriately in relation to employer obligations. 3. Protecting mental health in the workplace for all employees. Promoting psychologically healthy workplace practices and encouraging employees to live psychologically healthy lifestyles as part of their broader employee wellness initiatives.

Organisational support can be provided through: ▪ an initial meeting to assess the mental health needs of your organisation; ▪ creating a strategic plan for mental wellbeing in your organisation – along with the business case for it; ▪ development of metrics for your organisation to measure mental wellbeing over time; ▪ introductory seminars to employees and/or managers on how mental health in the workplace will affect you and your business and the positive actions you can do to improve mental health; ▪ workshops with speciﬁc groups in your organisation, or on particular topics, to provide skills around dealing with mental health challenges and opportunities; and ▪ ongoing consultancy and support to ensure that you maintain a psychologically healthy workplace. For more information visit www.workingwell.co.nz.

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EFFECTIvE PRACTICE One thing I wish they’d taught me in law school foUR yEARS (oR MoRE) AnD then you burst out into the world armed with an LLB (or more). Carbolic Smoke Ball Company and Frazer v Walker … cases, statutory interpretation and a bit of ethics thrown in. And then, so the saying goes, you move from learning how to think like a lawyer to learning how to act like a lawyer. LawTalk asked members of the Law Society’s Board and Council to outline one of the differences they have discovered between learning about the law and practising the law. Their responses follow.

always be grateful for the enthusiasm that they somehow managed to awaken in me. When I graduated I really had little notion of the value of teamwork in a non-sporting environment. However in most firms, legal services are delivered to clients through teams varying significantly in size. Successful teams invariably involve team members who communicate well, are committed to continuously improving their skills, being prepared to accept that their role in the team may be constantly evolving and who trust others in the team to

Networking is invaluable

Cases are won on their merits Nearly 20 years ago I juniored for Rhys Harrison QC in the Court of Appeal on an application for leave to appeal to the Privy Council in a civil case. Afterwards Rhys took me for coffee with Dr George Barton QC. I was treated to their combined wisdom on advocacy, advising clients and most importantly constructing an approach to argument. The principal message I took away was that cases are won on their merits. Make the judge (or jury) want to find for your client because it is right and fair – and the law will follow. Similar to Dennis Denuto’s “it’s the vibe of the thing…” but more professional. Law school helps with the legal research and reasoning but truly understanding the merits of a case comes from life’s experiences and largely can’t be taught. Jonathan Krebs, Hawke’s Bay barrister, President of the Hawke’s Bay branch of the Law Society and convenor of the Law Society’s Criminal Law Committee [and – in case you’re wondering – Dennis Denuto was a lawyer in the Australian ﬁlm “The Castle”].

The importance of teamwork I loved my time at Otago and will

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paperwork or about drafting proceedings. Nor did I understand that I would feel incredibly privileged (to be part of a client’s “journey”) or incredibly frustrated and sometimes sad (both with clients’ circumstances and their actions). Nor did I realise that (most of the time at least) I would derive satisfaction from and largely enjoy the challenges involved with being a “family lawyer”. Michelle Duggan, Nelson family lawyer, President of the Nelson branch of the Law Society.

MaKe the Judge (or Jury) want to find for your client Because it is right and fair – and the law will follow

perform their allocated tasks. If the team leader clearly articulates the team goals and gives members the opportunities to grow their skills, you have the base for a strong, happy and effective team. Chris Moore, Auckland commercial property lawyer, President-elect of the Law Society.

Family law is a lot more than the law While the law lectures were interesting I didn’t learn that the practice of “Family Law” involved being an advocate, an advisor and sometimes a counsellor/coach. I certainly didn’t learn about all the correspondence and

All that time you are away from your books and socialising round campus, in the café, in student pubs, in the law library, in lecture rooms before or after class, or in uni clubs or associations, is really worthwhile. Many years later when you are in business, it is so helpful having known a person socially at university – you immediately have something in common. During your uni days you make good contacts for your future career, and it is terrific seeing where people wind up later in life. In addition, developing people and communication skills is pivotal to the law, and to most other things for that matter. One regret I have is I did not join the Victoria University Debating Club. I got into debating after my uni days, by joining the Wellington 22 Club, but I wish I had done it back at university. I did become a committee member of the Victoria University Law Students Association and that was a really good way to meet lots of fabulous people. Also, treat everyone with respect – you never know when or how your paths will cross again. It is one degree of separation in New Zealand. Nerissa Barber, Wellington in-house lawyer, Vice-President (Wellington) of the Law Society.

PROFESSIONAL DEvELOPMENT Moving towards CPD The Law Society is working on establishing an initiative to require all New Zealand lawyers to complete a required level of professional development each year. This is likely to take effect from 1 April 2014, with lawyers able to participate from 1 October 2013. While many New Zealand lawyers already participate in ongoing learning activities, the introduction of mandatory CPD will affect all lawyers. A set of regulatory Rules will be required and the Law Society’s Board will recommend their adoption at the Law Society Council meeting in midApril 2013. If this occurs, the Rules will be sent to the Minister of Justice for approval. The information below assumes this will occur.

What does CPD mean? “CPD” stands for Continuing Professional Development. This is a systematic programme of relevant

Do I need to know all of the law? The answer is “No”, and to admit it. What we all need to know is how to access the law. Chris Robertson, partner of Palmerston North ﬁrm Hughes Robertson, President of the Manawatu branch of the Law Society.

education, training and professional activities undertaken by a lawyer to develop and maintain an appropriate level of practice. It is planned that all New Zealand lawyers will be required to participate in a professional development programme.

What are five key elements of the CPD initiative? ▪ The CPD initiative is designed to promote a culture of life-long learning. It will be lawyer-centred so that each lawyer takes responsibility for their own CPD. ▪ All lawyers will need to prepare a CPD plan. This must include identified learning needs, proposed actions to fulfil those learning needs, details of the CPD activities which they complete, and reflections on those activities: for example, what they have learned and/or will do differently, and how the activities relate to

Every six-minute unit is important to you and to the client, but what can you bill is often the question. One is faced with an untaught skill of attempting to account for those hours of the day whilst trying to navigate through a maze of what is billable and what is not. Are you able to record and charge for research?

How to properly record chargeable time on a file As a fresh-faced law graduate without a care in the world and for whom time was not an enemy, to suddenly be faced with dividing the day into six-minute units every hour for eight hours and then to properly allocate the same to file, was a daunting task. That is, of course, exacerbated by the requirement to produce that accurate record in the event of a complaint about one’s bill.

and fulfil their learning needs. ▪ Lawyers with a current practising certificate will need to complete 10 hours of CPD activities each CPD year. ▪ The CPD year will run from 1 April to 31 March the following year. ▪ Lawyers will need to file an annual declaration of compliance with the CPD Rules.

What will happen on 1 October 2013? This is the date on which it is proposed that the Rules and regulations relating to compliance with the new CPD initiative will come into effect. A six-month transitional period will run from 1 October 2013 and the beginning of the first full CPD year on 1 April 2014. Lawyers will be able to include up to five hours of CPD activities completed during the transitional period in their CPD plan for the first full CPD year (which runs from 1 April 2014 to 31 March 2015).

Is every one-minute phone call to be recorded as a full unit? And if not, how do you charge it out? These are the skills that we all have to know but invariably in the early years learn on the job. Allister Davis, partner of Christchurch law ﬁrm Clark Boyce, Vice-President (South Island) of the Law Society.

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LAWTALK 815 / 28 MARCH 2013

professional de velopment

Stepping Up – enrol early As Stepping Up completes its second year, the numbers wishing to take the course are beginning to exceed places available. Stepping Up is held four times a year – twice in Auckland, once in Wellington and once in Christchurch. Jane Battersby, the course administrator, is encouraging anyone who wants to practise on their own account to register early because numbers are limited and if you enrol late you risk not being able to do the course of your choice. “Register early” is also the advice of John Mackintosh, the course director. There is a lot of work to do. Stepping Up comprises a self-directed distance learning component which takes most candidates 40 to 50 hours to complete. Some take longer. A word of warning: to register just a month out from the three-day

workshop and expect to go into practice the day after the workshop finishes is unrealistic. The self-directed distance learning component is followed by an intensive three-day workshop which includes a

anyone who wants to practice on their own account should register now one-hour written assessment on trust account management. The results of the test are available within two weeks. Stepping Up is only one of the Law

Society’s regulatory requirements. The completion certificate for Stepping Up remains valid for two years. This means candidates and their future partners/directors have time to work together to plan a path to partnership/ shareholding. The dates for the next four courses are: ▪▪ Christchurch: 13-14-15 June 2013; ▪▪ Auckland: 29-30-31 August 2013; ▪▪ Wellington: 7-8-9 November 2013; and ▪▪ Auckland: 13-14-15 March 2014. The course materials are sent out to registrants from three months before each workshop. Register early and you get the materials early. There are 245 places spread over four courses per year. The maximum number on each course in Wellington and Auckland is 70. In Christchurch this year it is 35. The New Zealand Law Foundation provided funding for the development of the Stepping Up course.

Financial assistance to attend education on the Criminal Procedure Act New Zealand Law Society President Jonathan Temm says he is very pleased to announce that the Law Society has secured from the Ministry of Justice a generous contribution to assist criminal lawyers in private practice to attend the NZLS CLE Criminal Procedure Act Intensive to be held in the five main centres at the end of May. The funding from the ministry will be used for lawyers in private practice to: ▪▪ provide a travel contribution of $100 to a criminal practitioner who flies to a presentation in one of the five main centres; ▪▪ provide a travel contribution of $100 to a criminal practitioner who drives more than a 200km round trip for a presentation; ▪▪ reduce the registration fee by $85, making the early bird rate now only $235; and ▪▪ give a second principal from the

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same firm or an employee a further discount of $50 and a third person, a discount of $100. That means the second registration fee would be $185 and the third or subsequent $135.

this is a significant gesture “This is a significant gesture by the ministry,” Mr Temm says. “I encourage criminal lawyers in private practice to seize the offer made and to enrol. It will ensure that you have the necessary information to

equip yourself to deal with the criminal procedure changes in plenty of time. “The changes introduced by the Act take effect on 1 July and I urge as many of you as possible who will be affected by the changes to attend the CLE Intensive. “Chief District Court Judge Doogue has asked all registries in the areas from which the attendees will be drawn to minimise the call on criminal lawyers’ time on the day when the intensive is in their area. That too is appreciated. Now it is up to us to take advantage of this opportunity,” Mr Temm says. Because the funding was made available after the first round of publicity for the intensive, NZLS CLE Ltd will be communicating with all criminal lawyers in private practice who have already registered, to ensure that they receive the benefit of this increased funding and partial refunds.

LAW REFORM REPORT Government’s proposed changes to Aspects of the Family Court puts children at risk prisoner compensation claims bill unnecessary ThE nEW ZEAlAnD lAW Society says children’s voices will be lost if the Family Court Proceedings Reform Bill stays in its current form. Law Society President Jonathan Temm told the Justice and Electoral Select Committee that the bill makes some positive changes for resolving family disputes, such as the proposal for a mandatory Family Disputes Resolution (FDR) service. He said, however, that the cost of FDR and the exclusion of lawyers from the Family Court would greatly disadvantage many New Zealanders. “The Family Court is the court of ordinary New Zealanders. It is the place where parents go when other ways of resolving the care of their children fail,” Mr Temm said. In cases involving parenting and guardianship applications, the Bill removes the right of parents to legal representation in most instances until a hearing, unless the case involves serious issues. Parties in these cases will not be entitled to legal aid. Law Society Family Law Section Chair Garry Collin said the restriction on the right to legal representation in

care of children proceedings and the $897 fee imposed for mandatory FDR would make the Family Court less efficient and accessible and would put children at risk. “The voice of the child is lost under FDR and it is a breach of the UN Convention on the Rights of the Child,” he said. Mr Collin said the cost of FDR could create a barrier to justice and act as a disincentive to parties to resolve their disputes out of the Family Court. Mr Temm said the recent court closures across the country along with the proposals under the Family Court reform would further reduce access to justice. Mr Collin said the right to legal advice, support and representation should be available to everyone, regardless of their level of income. “Requiring parents to represent themselves in the Family Court will lead not only to a significant increase in costs to the Family Court in terms of judicial and court staff time, but also social and consequent economic costs to society,” he said.

ThE nEW ZEAlAnD lAW Society believes that aspects of a bill restricting prisoners’ ability to obtain compensation for breaches of their human rights are unnecessary. The Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill proposes to continue the application of the Prisoners’ and Victims’ Claims Act 2005 rather than allowing it to expire on 30 June 2013 as the law currently provides. The Law Society supports the Government’s decision to discharge an earlier Bill, which would have amended the 2005 Act to prevent prisoners from ever receiving compensation awarded to them by the courts for breaches of human rights. However, the Law Society submitted that the part of the 2005 Act restricting prisoners’ ability to obtain compensation

Criminal Procedure Legislation Bill could have wide implications PRoPoSED TEchnIcAl chAngES in the Criminal Procedure Legislation Bill will substantially change New Zealand’s criminal procedure if the legislation is not amended, the New Zealand Law Society says. The Bill is described as non-controversial and necessary to enable the new criminal procedure regime to operate effectively when the Criminal Procedure Act 2011 comes into force on 1 July 2013. However, the Law Society believes that some of the Bill’s provisions raise concerns that warrant further consideration, Law Society Law Reform Committee member Graeme Edgeler told the Justice and Electoral Select Committee.

“There are two amendments that would be major changes to criminal procedure, which are not necessary for the proper operation of the Criminal Procedure Act,” Mr Edgeler said. “The amendment that would allow references to the word ‘crime’ in other enactments to be amended by the Executive will give the government the power to expand some criminal offences by regulation,” Mr Edgeler said. This amendment could allow innocuous or not-very-serious behaviour when it is committed with intent to commit a fine-only offence, to be punished by imprisonment, the Law Society’s

submission on the Bill states. “The expansion of criminal offences should be made by Parliament. The Law Society believes it is inappropriate to allow the Executive the power to amend serious criminal offences in this way,” Mr Edgeler said. The Law Society submission also raised concerns the Bill proposed an amendment that would increase the jurisdiction of Community Magistrates. “The amendment goes beyond a simple correction and is intended to reverse a policy decision made in the principal Act,” Mr Edgeler said. “The proposed change reverses this,

LAWTALK 815 / 28 MARCH 2013

law reform report

Aspects of prisoner compensation claims bill unnecessary continued is unnecessary and that the courts should be free to determine when and how to award compensation for breaches of human rights, the Law Society’s Human Rights and Privacy Committee Convenor Andrew Butler told the Justice and Electoral Select Committee. “Human rights are an important and sensitive area of law. The courts provide an important guardian role against rights abuses by the State. As part of this, the courts should be able to determine the remedies for rights breaches by the State,” Dr Butler said. “The making of compensation awards creates incentives for the State to cease activities that infringe individuals’ rights. It is important for the separation of powers that the courts are not restricted in this key constitutional role.” The guiding principles for awarding compensation outlined in the Supreme Court decision Taunoa v Attorney-General in 2007 were not in place when Parliament passed the 2005 Act. The Supreme Court decision adequately addresses issues regarding compensation to prisoners, and it would be better to allow the courts to adapt the law as human rights standards evolve, Dr Butler said.

Criminal Procedure Legislation Bill could have wide implications continued and extends the jurisdiction of Community Magistrates to a range of additional offences, unless specifically excluded by regulation.” “Whether the jurisdiction of Community Magistrates should be extended in this way is an important policy decision on which the Select Committee should seek advice,” Mr Edgeler said.

LAWTALK 815 / 28 MARCH 2013

“Point of contact” unlicensed immigration advisers undermine New Zealand law The integrity of New Zealand’s immigration licensing regime is being undermined by unlicensed advisers – usually outside New Zealand – who provide immigration advice but avoid the need to be licensed by claiming to be “points of contact” only. The New Zealand Law Society has brought this to the attention of the Immigration Advisers Authority in its comments on the authority’s review of the Licensed Immigration Advisers Code of Conduct 2010. While noting that this particular matter is beyond the scope of the review, the Law Society says it needs attention because of its impact on the integrity of the licensing regime. The unlicensed offshore advisers do not complete the adviser section of the immigration application form, but fill in their details as the “point of contact”, thus avoiding the need to be licensed. “Self-evidently, such a practice

undermines the purpose of the Act if the ‘points of contact’ are also providing immigration advice, and especially if it is poor advice,” the Law Society says. “It is also a matter of concern that Immigration New Zealand, and in particular the New Delhi branch, continues to communicate with these ‘points of contact’.” The Law Society says there appears to be a strong correlation between the unlicensed advisers and the numbers of Indian student visa applicants who are led to believe that they will have grounds to obtain residence in New Zealand, “when in fact they will not”. The authority is urged to take up the issue with Immigration New Zealand, with a view to closing down a loophole which undermines the licensing regime and which the Law Society says appears to have become widespread.

Recent submissions:

▪▪ The Justice and Electoral Committee on 21 February 2013, on the Criminal Procedure Legislation Bill; ▪▪ The Justice and Electoral Committee on 21 February 2013, on the Family Court Proceedings Reform Bill; and ▪▪ The Transport and Industrial Relations Committee on 14 March 2013, on the Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill. The submissions are available at www.lawsociety.org.nz/publications _and_submissions/submissions.

The Law Society recently filed submissions on: ▪▪ Criminal Procedure Act 2011 – Ministry of Justice consultation on changes to criminal fixed fee schedules; ▪▪ IRD - Review of the Thin Capitalisation Rules; ▪▪ Joint regulatory scheme for therapeutic products under ANZTPA; ▪▪ Joint and Several Liability – Law Commission Issues Paper; ▪▪ Review of the Licensed Immigration Advisers Code of Conduct 2010; ▪▪ Conservation (Natural Heritage Protection) Bill; ▪▪ Resource Management Reform Bill; and ▪▪ IRD – GST remedial issues, Officials’ Issues Paper.

The Law Society recently addressed the following select committees: ▪▪ The Finance and Expenditure Committee on 20 February 2013, on the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Bill; ▪▪ The Justice and Electoral Committee on 21 February 2013, on the Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill;

Coming up – current law reform consultation The Law Society is currently preparing submissions on numerous bills and Government discussion documents. Members are welcome to contribute comments to the Law Reform Committee, specialist committees and sections preparing the submissions. For a full list of upcoming submission deadlines and information about how to participate, visit http://my.lawsociety. org.nz/law_reform/work_in_progress. For more information on NZLS law reform activities, contact vicky. stanbridge@lawsociety.org.nz.

ThE BOOKShELF NEW ZEALAND EMPLOYMENT LAW GUIDE 2013

New Zealand

Employment Law Guide

BY RiCHARD RUDMAn

HR and employment relations 2013 consultant Richard Rudman’s annual handbook on New Zealand employment law states the law as at 1 January 2013. Changes that the Government intends to implement during 2013 are also covered. The book is targeted at employers, employees, managers, HR and employment relations specialists, union officials, advocates, students and lawyers. CCH New Zealand Ltd, January 2013, 978-0-864759-44-3, 505 pages, paperback, $78 (GST & p&h excluded).

CRIMINAL LAW SYMPOSIUM PAPERS CHAiRED BY JUsTiCE RoBERT CHAMBERs

This gives the full text of papers presented at

BOOK REvIEW

Built for Justice By Terry Carson REViEWED BY iAin HUTCHEson ThIS DElIghTfUl PhoTographic and written record of old North Island courthouses might easily be considered a “coffee table” acquisition. However, that would belie its considerable value as an historical resource collating not only the history of the particular buildings appearing within its covers, but also many quaint and valuable records of colonial (and later) life within our shores. The introduction records that the scope of the book is not intended

the NZLS CLE Ltd Criminal Law Symposium which was held on 22 February 2013 in Wellington. The eight papers in the booklet cover a range of topics from evidence and juries to criminal practice and development of the specialist Rangatahi Courts and the Alcohol and Other Drug Treatment Court. NZLS CLE Ltd, February 2013, 206 pages, $90 (GST incl, p&h excl).

CONSUMER LAW & POLICY IN AUSTRALIA & NEW ZEALAND EDiTED BY JUsTin MALBon AnD LU K E n o T TA G E

A collection of 14 essays which looks at Australia’s 2010 consumer law reform package and compares it to recent reforms in other jurisdictions, including New Zealand. Consumer law developments in places such as the European Union, Japan, Canada and the United States are examined. The book to “offer more than very basic comments about architectural styles and techniques found in the courthouses featured in this book”. The author helpfully refers any reader seeking more detailed information to recommended works. Interestingly the author also notes that recent changes announced in early October 2012 will affect eight of the buildings featured in the book, namely the Feilding and Warkworth courthouses, which are to close completely, and those at Dargaville, Waihi, Te Awamutu, Te Kuiti, Opotiki and Waipukurau being reduced to “the role of occasional hearing centres”. The author records that in 2003 the newly refurbished Dargaville court was described by the then Minister of Justice, Rick Barker, as being “a colonial court brought into the modern age”. In this context it is of interest to this reviewer that the book, often colour-

also looks at policy considerations and market transformations. Federation Press, March 2013, 9781-862879-08-9, 480 pages, paperback, A$125.00 (p&h excluded).

DISCIPLINARY PROCESSES – THE THORNY ISSUES G E o F F D AV E n p o R T A n D s H A n W i Ls o n

Contains the information presented to participants in a webinar looking at the matters employers must consider when embarking on a disciplinary process. The booklet outlines questions and considerations which the authors say will help employers and their advisers navigate through the thorns when conducting disciplinary processes. NZLS CLE Ltd, February 2013, 28 pages, $35 (GST incl, p&h excl).

fully, records the rise and demise of the role of the rural courthouse in our developing society. The generosity and support of local Māori in gifting land, and sometimes materials, for the construction of judicial buildings in relation to many of the early buildings is recorded and oft repeated. The Helensville courthouse – believed to be the second oldest surviving courthouse in the greater Auckland region – was originally constructed on 10 acres of land gifted in 1864 by local Ngāti Whātua Chief Te Otene Kikokiko. At a large hui, convened when the land was donated, the Chief is recorded as saying in reference to the local Magistrate and Native Land Court Judge, Judge Rogan, that “Mr Rogan was the plough the Governor has sent them to bring them good laws – to be a light to them; and the eyes and ears of the Government so that they might know the thoughts and words of it”.

LAWTALK 815 / 28 MARCH 2013

The bookshelf The Kawakawa courthouse, built in 1895, is recorded as being the second courthouse in the town. Before this a public hall, funded and built on behalf of local Māori, had been used as a Māori Land Court and as a Magistrates’ Court. In relation to the opening of the earlier hall the author cites a media record appearing in the Daily Southern Cross on 18 May 1876 recording an address from the Governor, the Marquess of Normanby, who attended a kōrero at the newly erected hall and who said that it had been built by local Māori “to provide a place of assemblage for the upholding of the law” and as a place “for the Māoris to discuss matters affecting their own welfare and to inculcate obedience to the law”. Records from Archives New Zealand are quoted as noting that many of the early cases in that court involved men described as gum diggers or timber workers in cases such as assaults arising from arguments over a piece of kauri gum and prosecutions for digging gum without a licence. The Magistrate’s notes of one 10-year-old boy appearing in that court on a charge of theft of a turkey records the mother as saying “Cannot keep control of him. Got beyond her. Won’t go to school, slips away at night. Swears and curses. Threatened sister with an axe. Robs my own home”. It seems little has changed in the last hundred years! The book references an attempt by Governor George Grey to establish a hybrid Māori-Pakeha law enforcement system with Pakeha magistrates sitting with Māori commissioners to make and enforce local laws (first sitting at Waimate North in March 1862). Some of the more colourful anecdotes include stories of Christmas parties at the Papakura courthouse involving police and traffic officers demonstrating the “incorrect use of handcuffs” on unsuspecting female partygoers. The flooring of the Papakura court had been “upgraded” with particle board which suffered from moisture problems arising from poor installation and poor underfloor ventilation. This combination finally succumbed to the considerable force of the late David Lange as he walked across the waiting area to enter the court room. The Ministry of Works file records a sudden urgent request to replace decayed flooring and to install larger underfloor vents.

LAWTALK 815 / 28 MARCH 2013

It is clear that the author has gone to considerable lengths to research and provide descriptions of the construction of the courthouses featured. The Waimate North Runanga courthouse, for example, is described thus: “The small rectangular building was constructed out of heart kauri, and dressed by plane on the inside, while much of the construction was held together with wooden pegs”. The author notes that “Some of the original 1862 small panes of glass still survive in the windows. Small panes were popular as they better survived the trip out by sailing ship”. The subsequent uses of many of the various courthouses are also recorded for posterity, often comprising the acquisition by the local police department and, subsequently, other government departments or for private purposes. Even details of a change of location and mode of transport are noted, such as the Waiuku courthouse – a building with high gables that presented difficulties if moved on the back of the truck. The local contractor came up with a novel idea and early one Sunday morning the courthouse was slowly trundled to its new destination held only a few inches off the road by two large forklifts. Unfortunately media interest was noted by members of the Transport Department in Wellington and the contracting firm, in due course, was prosecuted for a breach of the traffic regulations. It seems that the local Magistrate was not impressed: the defendant pleaded guilty and was promptly discharged without penalty! Unfortunately the length of this review precludes a more comprehensive reference to the many colourful anecdotes and historical features offered by this delightful book which is recommended, not only as a worthy record of the development of the places from which early justice in New Zealand was dispensed, but also as providing a candid snapshot of colonial history, attitudes and behaviours. “BUILT FOR JUSTICE: Visits to old North Island Courthouses” by Terry Carson (Alibi Press, February 2013, 978-0-473230-82-1, 176 pages, hardcopy, $50 (GST incl, p&h excl)). Iain Hutcheson is an Auckland barrister and Convenor of the New Zealand Law Society’s Courthouse Committee.

The book is alive and well… The torrent of law books with which New Zealand’s legal publishers greeted 2012 is more of a trickle this year, but there is life at the New Zealand offices of the three multinationals which provide most of our legal information. LawTalk asked each about their plans for 2013 and whether there was still life in hardcopy books given the increasing dominance of online legal information. It is interesting that all 2013 development plans involve online information delivery.

Could you describe three key initiatives and developments which your company plans in New Zealand in 2013? Haydn Davies (Country Manager, New Zealand, Thomson Reuters): ▪▪ The continued release of new and improved functionality on Westlaw NZ; ▪▪ Integration of our online products with the Infinitylaw practice management system (acquired in August 2012), and expansion of Infinitylaw into Australia; ▪▪ Launch of the first NZ eBook titles on Thomson Reuters’ Proview app in March. This will include the first (to the best of our knowledge) legal title in New Zealand designed and delivered exclusively as an eBook: Brookers A-to-Z of Legal Terms, containing more than 24,000 defined words and phrases; the equivalent of a three volume print work. Rachel Travers (Director of Content Development, LexisNexis Pacific): ▪▪ Lexis for Microsoft Office is an exciting, and new, drafting productivity tool that identifies legal and business terms in any document or email and instantly alerts you to possible risks in each proposition cited. Built by LexisNexis in Australia, a New Zealand version of the product will be available in the market towards the end of 2013, or early 2014. ▪▪ LexisNexis Red is our unique and intuitive referencing tool which offers professionals on-the-move access to LexisNexis looseleaf content – a library on a table. In 2013 we will be

The bookshelf releasing more titles and some great new features. Features to be rolled out in 2013, and beyond, include a cloud sync, allowing annotations to be consistent between devices, linking between titles, and new formats such as e-books and more. ▪▪ Early in the second half of the year we will be launching CaseBase Case Citator for the Pacific. This indispensable tool for case law research in both Australia and New Zealand will include 70,000 NZ case entries, 20,000 case digests, links to full-text decisions, and will include the popular CaseBase signals from which you can understand subsequent judicial treatment of a case at a glance. It will include catchwords, parallel citations, annotations, and will also include social network integration so that you can easily share a case of interest with a predefined group of colleagues. Ingrid Young (Marketing Manager, CCH New Zealand Ltd): ▪▪ 2013 will see continued integration of our two recent acquisitions – Business Fitness New Zealand and Acclipse (now known as CCH iFirm) – with the original CCH business. Combining their smart tools and cloud software with CCH’s depth of research content will create a comprehensive service that can be accessed anytime, anywhere, reduces investment in hardware and facilitates ease of integration with other applications to create a powerful, integrated combination of content and tools. ▪▪ In line with CCH’s wider policy of moving to cloud-based technologies, there will be extensive development of CCH trust management software which will see it also moved into the cloud with all the associated benefits transferred directly to our clients. ▪▪ In addition to CCH’s developments in the cloud, and following a noted trend towards online learning, we will continue to expand our webinar offerings in 2013. Following on from a highly successful 2012, the expanded programme will feature an invaluable series of webinars around trusts, including pertinent topics such as winding up, beneficiary rights, variation and the power of the courts in relation to trusts.

Is the revenue you receive from sales of hardcopy books increasing or decreasing? Rachel Travers, LexisNexis: ▪▪ Overall revenue from hardcopy titles is increasing gently each year, particularly in text titles. The mix however is changing – with solid migration from looseleaf to online from other mobile solutions such as Red. Ingrid Young, CCH: ▪▪ Revenue from printed books is declining globally, as lawyers and other business professionals increasingly focus on online information sources, and CCH is no exception to this trend. This is one reason why we made the roll-out of our e-books platform a priority for the business in 2012. Haydn Davies, Thomson Reuters: ▪▪ Books revenue has been in steady year-on-year growth for the past several years, as the result of vigorous investment in commissioning new products. 2013 will see the release of a number of key titles, including new editions of major treatises, The Law of Torts in New Zealand, Constitutional and Administrative Law in New Zealand, and Company and Securities Law in New Zealand, as well as a number of new texts on subject areas such as environmental law, insurance, mediation, criminal procedure, and forensic science.

Are you happy with your New Zealand e-book publishing programme, and has there been a good market uptake of your e-books in New Zealand? Ingrid Young, CCH: ▪▪ Our guiding principle in the e-books arena has been to develop a state-ofthe-art platform rather than being first to market. Early on, we made a decision to integrate e-book production with our content management system rather than relying on third party conversion services. As a result, our e-books are feature-rich, with full internal hyperlinking as well as links to external websites. The response from clients has been very positive, and this is reflected in rising e-book sales. Haydn Davies, Thomson Reuters: ▪▪ We are launching our first e-book titles in March 2013 on Proview, and have a strong pipeline of titles releasing over the remainder of the

year. Ideally we would have entered the NZ e-books market a little earlier, but this has given us time over the past 12-18 months to assess the best approach to e-books publishing and listen to customer feedback. Our experience with new media over the past decade or so, has been that “doing it right” is more important than “doing it first”. Rachel Travers, LexisNexis: ▪▪ We are happy with our e-book programme which has 250+ titles in the market for LexisNexis Pacific, and with its uptake being good, if not spectacular. The feedback is, however, that our users prefer a tailored solution rather than to receive a title via an “off-the-shelf” e-reader, where, sometimes, it’s found that the process of downloading and familiarising yourself with that e-reader is a barrier to purchase. So we will be considering how the unique features of LexisNexis Red can overcome those barriers, while providing a superior customer experience. Feedback from our ideas in this area is very positive – so, watch this space.

What proportion of your revenue last year was derived from sale of online legal information in New Zealand? Haydn Davies, Thomson Reuters: ▪▪ 57%. Rachel Travers, LexisNexis: ▪▪ In 2012, online revenues made up 47% of all revenues for LexisNexis NZ Ltd. Ingrid Young, CCH: ▪▪ 75%.

How many staff are employed in your New Zealand business? (all have foreign-based support staff which provide services for the New Zealand business) Rachel Travers, LexisNexis: ▪▪ 65. Ingrid Young, CCH: ▪▪ In excess of 90 people are directly employed by CCH in New Zealand. Haydn Davies, Thomson Reuters: ▪▪ 124.

LAWTALK 815 / 28 MARCH 2013

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 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.

Commercial Law Intensive

Chair: Geof Shirtcliffe

For lawyers advising on commercial transactions, this day is a must. Chaired by Geof Shirtcliffe, the Wellington intensive includes sessions on: personal liability for commercial dealings, commercial insurance, the Auckland Financial Markets Conduct Bill and raising capital, the latest developments from the OIO, consumer law reforms, AML/CFT compliance requirements and a case law update.

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

Auckland Wellington Christchurch

13-14 May 27-28 May 6-7 June

27 June 28 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. 28

LAWTALK 815 / 28 MARCH 2013

Online registration and payment can be made at www.lawyerseducation.co.nz

Programme

Presenters

Content

Mediation for Lawyers - Part B - Family Law

Virginia Goldblatt Denise Evans

For those with recently approved prior mediation training, including our Part A course. This programme will give an opportunity to practise mediation skills in the family law area and then to be assessed on them. Strictly limited numbers with pre-course work required.

Where

When

Auckland

12-14 Apr

FAMILY

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 Webinar 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: Dr 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 & 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 15 May Webinar for smaller centres.

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.

Technology Law Conference

Chair: His Hon Judge David Harvey

New information and communications technologies intrude into almost every area of law and legal practice. Auckland This one-day conference will discuss recent changes in technology law and provide an insight on areas of Wellington concern, interest and possible future developments. The Technology Conference gives practitioners, law professionals and those in the ICT industry an opportunity to increase their awareness and understanding of the impact of IT on the law and legal practice.

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 20 June 21 June

Programme brochures, online registration and booklet purchases (with cheque, direct credit and credit card payment options) available at www.lawyerseducation.co.nz LAWTALK 815 / 28 MARCH 2013

BRANCh NEWS SOUTHLAND

WELLINGTON

new branch council

shirley smith address

InvERcARgIll SolE PRAcTItioner Bill Dawkins is the new Southland branch President. Mr Dawkins was elected President at the branch’s annual general meeting on 8 March. He succeeds Tegs Burt. Toni Green was elected VicePresident. The new council is Tegs Burt, Janet Copeland, John Fraser, Phil McDonald, Malcolm McKenzie and Sean Woodward. Following the annual meeting, the Southland branch held its Summer Spree. This event included a barbecue, games of bowls, music and dance.

JUSTIcE Teresa Doherty, a Judge of the Special Court of Sierra Leone, will deliver this year’s Shirley Smith address at 5:30pm on 14 May at Rutherford House, lecture theatre 2, Wellington. The address will look at Justice Doherty’s work in the Special Court of Sierra Leone and will, in part, focus on crimes committed against women during warfare, particularly sexual crimes. This continues the theme of women’s rights in international law – the topic of last year’s speaker, Professor Hilary Charlesworth. Justice Teresa Doherty was called to the bar of Northern Ireland in 1978. From 1976-1987 she practised law in Northern Ireland and Papua New Guinea. In 1987 she was appointed a Principal Magistrate in Papua New Guinea and from 1988-1997 she served as a Judge of the Supreme and National Courts. In 1998 she returned to private law practice in Northern Ireland, where she worked until 2003. Most recently, from 2003-2005, Judge Doherty has served as a Judge of the High Court and the Court of Appeal of Sierra Leone. Since 2002 she has served as Life Sentence Review Commissioner for Northern Ireland. This annual address, organised by the Wellington Women in law Committee, is in honour of Wellington lawyer Shirley Smith, who was a strong advocate for equality and women’s involvement in the legal profession.

O TA G O

Lord phillips visit ThE oTAgo BRAnch hoSTED Lord Nicholas Phillips of Worth Matravers, a former president of the Supreme Court of the United Kingdom on 7 March. It was a very relaxing and pleasant evening of conversation with his Lordship who was able to meet with Jim Guest, son of F W Guest. Lord Phillips has been visiting as the New Zealand Law Foundation Distinguished Visiting Fellow for 2013. On 6 March, he presented the 45th annual F W Guest Memorial Lecture for 2013 at Otago University. The Impact of Human Rights in Domestic Courts was the lecture topic. In his lecture, Lord Phillips examined the approach taken towards the European Convention on Human Rights in Strasbourg and in the United Kingdom. More specifically, he outlined how the British Parliament has given domestic effect to the convention under the Human Rights Act 1998 and the way in which the Supreme Court has interpreted the relevant provisions of that Act.

LAWTALK 815 / 28 MARCH 2013

Kapiti dinner ThE KAPITI PRAcTITIonERS’ dinner will be held at Soprano Ristorante,

Paraparaumu Beach at 7pm on 5 April. Members and their partners living and/or based on the Kapiti Coast are invited to the dinner. Places are limited so it is important to reserve your place via https://bookwhen.com/wellingtonbranch. Reservations close at noon tomorrow, 29 March unless the event is already booked out.

Essay competition The Wellington Women Lawyers Association, in conjunction with Victoria University Law School, is holding an essay competition to commemorate 100 years since the first woman graduated in Law from Victoria University. The topic is Harriette’s challenges one hundred years on: Same or different? Two prizes of $750 are on offer. There is a 3,000 word maximum and entries are due by noon on Friday 30 August via electronic drop box lawassignments@ vuw.ac.nz. Any queries can be directed to nancy.watters@tpk.govt.nz.

AUCKLAND

Hong Kong CJ addresses branch chIEf JUSTIcE gEoffREy MA Tao-li of Hong Kong presented a lunch time talk on the rule of law in Hong Kong at the Auckland branch function room on 7 March. The well attended event was opened by Auckland branch council member Kathryn Beck, who introduced the guest speaker. Chief Justice Tao-li spoke on The practical application of the law in Hong Kong: practice and the courts. The interesting seminar looked at the practice of law in Hong Kong and the way disputes are resolved in this common law jurisdiction.

LAWYERS COMPLAINTS SERvICE Lawyer accepts he was unsuited to practise law coMPAny DIREcToR PETER Dallison has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal ([2013] NZLCDT 4). Mr Dallison admitted a charge of misconduct and consented to the strike off, accepting that he was unsuited to the practice of law. In October 2009, Mr Dallison acted for Mr B and Mr W, for whom he had previously acted in buying and selling several properties. The clients intended to buy a property in Auckland, renovate it and sell it at a profit. Mr Dallison did not provide them with a letter of engagement or other required information. Mr Dallison also lent $50,000 to the clients through a company in which he and his wife were shareholders, Dalpeko Holdings Ltd (DHL). He did this on the basis that no interest would be payable but that Mr Dallison and his wife would receive 50% of the profit which the clients hoped to make from renovating and selling the property. The clients received no independent advice in relation to this proposed

arrangement despite the fact that in making the loan on those terms, there was a risk of a conflict of interest between Mr Dallison’s interests and the interests of his clients. During the course of renovating the property, the clients obtained a further loan of $23,000 through DHL to assist with the cost of renovations. That loan was on the same terms as the initial loan. The clients put the property on the market in about February 2010. It did not readily sell. The clients had to arrange a loan from Mr B’s parents so they could meet the mortgage payments. The property was agreed to be sold in September 2010 for $479,000. Mr Dallison was aware the property had been bought in November 2009 for $441,000 using borrowings of $400,000 from the clients’ bank. A further $73,000 had been advanced through Mr Dallison as well as funds Mr B borrowed from his mother to meet mortgage commitments. Mr Dallison should have been aware that his clients would suffer significant losses, the tribunal said.

On settlement of the sale, without prior notice or discussion with his client, Mr Dallison simply deducted the $73,000 which had been advanced by DHL together with his own costs in relation to the sale and the repayment of the bank’s mortgage. At that point, a dispute arose between Mr Dallison and his clients as to the appropriateness of that deduction, given that it meant there would be insufficient funds for Mr B to repay his mother. The tribunal noted that Mr Dallison had previously been found guilty of two misconduct charges. The most recent was before the tribunal in 2011. That resulted in Mr Dallison’s suspension from practice for a short period. The suspension was for an almost identical set of circumstances, the tribunal noted, although it happened after the offending in the case under consideration. As well as the strike-off, the tribunal ordered Mr Dallison to pay compensation of $15,000 to Mr B and $11,149 costs to the Law Society, and reimburse the Law Society the tribunal’s costs of $2,450.

Strike-off follows misappropriation John DAvID RAngITAUIRA has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal following his conviction for misappropriation of funds ([2013] NZLCDT 6). Mr Rangitauira was convicted by a jury and sentenced to four-and-a-half years’ imprisonment in 2011 on four charges of obtaining by deception. The charges arose after Mr Rangitauira misappropriated $506,000 from Westpac Bank and $338,000 from Te Houoterangi Trust. He sent the money overseas to physically clean inheritance money which he had been led to believe would

then be released to one of his clients. Mr Rangitauira had arranged with the client that he would receive a $5 million share of the inheritance when it was received. The people Mr Rangitauira had communicated with over a three-year period “were, in fact, fraudsters,” the standards committee submission to the tribunal said. “All of the money fraudulently obtained by the practitioner was applied to the overseas advanced fee fraud scheme and was lost.” The tribunal noted that “the fraudulent scheme which duped the practitioner would seem to have been so patently unlikely (the physical clean-

ing of money) that it demonstrates an ‘alarming degree of naivety’, as submitted by the standards committee.” The tribunal also quoted Judge Wilson QC who, when sentencing Mr Rangitauira, said that “by these actions you have demonstrated a lack of responsibility in your professional duties that is very significant. “There is no other way of describing the abuse of trust in this case, other than at the highest level.” Mr Rangitauira consented to being struck off. He was also ordered to pay standards committee costs of $5,800 and tribunal costs of $1,800.

LAWTALK 815 / 28 MARCH 2013

L AW YERS COMPL AINTS SERvICE

High Court upholds strike-off for dishonesty ThERESE AnnE SISSon hAS lost her appeal against being struck off. In Sisson v the Standards Committee (2) of the Canterbury-Westland Branch of the New Zealand Law Society [2013] NZHC 349, Ms Sisson appealed against the strike-off order the New Zealand Lawyers and Conveyancers Disciplinary Tribunal made on 24 November 2011. Two charges of professional misconduct were laid before the tribunal. The first was that in the context of acting for a client, Ms H, in a de facto relationship property claim, Ms Sisson deducted from monies held for Ms H $17,454.80 in payment of legal costs without seeking or receiving authority to do so from the Legal Services Agency. The second charge alleged that the appellant deducted the legal costs without Ms H’s authority and when the costs were covered by a grant of legal aid, to her personal advantage but the client’s disadvantage; and that later she misled a standards committee by saying that she and Ms H discussed and agreed upon a private retainer in lieu of the legal aid assignment. There were two elements to the dishonesty, Justices Panckhurst, Chisholm and Whata said in their decision. The first was in deducting costs of $17,454.80 “when the appellant knew she had no authority to do so”, notwithstanding that she was owed fees calculated on a legal aid basis. The second element of dishonesty lay in the answers given to the standards committee and replicated in evidence given to the tribunal. “The appellant fabricated an explanation for her actions, namely that she had discussed a switch to a private retainer and obtained her client’s agreement to this course. There were numerous pointers to the fact that this was untrue. Yet, the appellant persisted in this untruth to the very end.” There were three elements to the breach of trust. First, the appellant obtained an increased fee by virtue of the private retainer subterfuge. She charged for 74.4 hours at $200 per hour plus GST,

LAWTALK 815 / 28 MARCH 2013

when had that number of hours been approved by the LSA at legal aid rates the fee would have been $5,888 less. Secondly, in 2008 legal aid payments made by the LSA to the appellant were subject to a 20% deduction. The deduction was payable to the Department of Inland Revenue on account of a debt due from the appellant. The appellant’s short-circuit avoided this deduction. The third element could be termed the loss of a chance. Legal aid recipients may seek a waiver from a legal aid charge that is otherwise taken by the LSA. The charge ensures that, following a successful outcome to a proceeding, the LSA is reimbursed the funds it has paid throughout the various steps in the proceeding. A charge may be waived where in “justice and equity” this is appropriate. In its substantive decision, the tribunal found that Ms H, as a beneficiary attempting to re-house two children, was at least deprived of the opportunity to seek a waiver. “We agree with the tribunal that the appellant’s professional misconduct touched the very heart of the relationship of trust between solicitor and client,” the judgment said. “It was serious misconduct. Protection of the public required that decisive protective steps were taken.” On looking at the misconduct in isolation, it was “conceivable” that a penalty less than striking off could have been imposed. The court went on to comment on two other aspects that were pertinent to penalty. Ms Sisson was not making a first appearance on disciplinary matters. In August 2008 misconduct in relation to a solicitor’s undertaking was established before the then Canterbury Disciplinary Tribunal. It related to failure to keep an undertaking. “There are obvious parallels between that case, and this one,” the judgment said. “Each involved a failure to meet a fundamental obligation, followed by non-acceptance of the failure and an endeavour to avoid responsibility on the basis of an explanation that lacked credibility.”

The court also noted that the tribunal had been “significantly influenced” by the manner in which the appellant conducted herself throughout the disciplinary process. “We have referred to the tribunal’s comments concerning the appellant’s inability to recognise the seriousness of her failings, let alone take responsibility for them. The tribunal also faced successive applications to adjourn hearings which it had convened.” A practitioner’s conduct in the course of a disciplinary process may influence the final outcome. In Hart v Auckland Standards Committee (1) of New Zealand Law Society [2013] NZHC 83, the full court (Justices Winkelmann and Lang) said at [187]: “Willingness to participate fully in the investigative process, and to acknowledge error or wrongdoing where it has been established, may demonstrate insight by the practitioner into the causes and effects of the wrongdoing. This, coupled with acceptance of responsibility for the misconduct, may indicate that a lesser penalty than striking off is sufficient to protect the public in the future”. “We agree with these observations. This is not to treat behaviour in the course of a disciplinary process as aggravating the misconduct. “Rather, such behaviour is assessed and brought to account in the evaluation of the likely efficacy of available penalty options.” In its conclusion, the court said that “our evaluation of the case brings us to the same conclusion as was reached by the tribunal – that striking off was the only appropriate penalty”.

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Wills

JOHN WILLIAM NUNNS

Would any lawyer holding a will for the above-named, late of Wellington, who died on 21 February 2013 at Wellington, please contact Jamie Nunns or Virginia Nelson of Morrison Kent Lawyers, DX SP20203, Wellington or PO Box 10035, Wellington 6143, ph 04 472 0020, fax 04 472 7017, email virginia.nelson@morrisonkent.com.

REBECCA JOY DAVIDSON

Would any lawyer holding a will for the above-named, who died on 8 February 2013 in the Republic of Seychelles, please contact Rebecca Whittall at Cooney Law, Solicitors, PO Box 369, Cambridge 3450, ph 07 823 1555, fax 07 823 2442, email rebecca@ cooneylaw.co.nz.

HOANI WARREN

Would any lawyer holding a will for the above-named also known as Jack Edward Warren, late of 11 Rose Street, Ranui Heights, Porirua, retired, who died on 24 September 2012, please contact Bill Bevan, KapiMana Legal Services Limited, PO Box 50796, Porirua 5022, ph 04 238 2351, fax 04 238 2352, email bevanlegal@xtra.co.nz.

RONALD ERIC PARNELL

Would any lawyer holding a will for the above-named, late of Katikati, retired, who died on 27 February 2013, aged 85 years, please contact Sue Adams, c/- Kaimai Law Katikati, PO Box 56, Katikati 3166, ph 07 549 4890, email sue@kaimailaw.co.nz.

NEIL RAYMOND FINLAY

Would any lawyer holding a will for the above-named, late of Qatar and previously of 6 Essendon Court, Hamilton, who died on 8 November 2012, please contact Rodgers Law, PO Box 6200, Dunedin 9059, ph 03 474 0847, email bob@rodgerslaw.co.nz.

WILLIAM DAVID YULE

Would any lawyer holding a will for the above-named, late of 1A Eastwood Rise, Browns Bay, born on 24 May 1948, who died on 28 February 2013, please contact Keith Young, Young & Caulfield, PO Box 35069, Browns Bay 0753, ph 09 479 5757, fax 09 479 6145. email keith@youngandcaulfield.co.nz.

DELPHI ROSE KOTO REDDING

Would any lawyer holding a will for the above-named, late of 40a Chester Street, Taradale, Napier, born on 13 March 1957, who died between 4 and 5 February 2013, please contact Taryn Playle, The Law Company, PO Box 14339, Kilbirnie, Wellington 6022, ph 04 938 5560, fax 04 938 5548, email taryn@thelawcompany.co.nz.

CRETE DAVIS

Would any lawyer holding a will for the above-named, also known as Crete May Davis and Crete Mei Davis, late of Pukekohe, aged 70 years, widow, who died on 30 August 2011, please contact Kasey Shackleton, Franklin Law Limited, Solicitors, DX EP77020 or PO Box 43, Pukekohe 2340, ph 09 552 0853, fax 09 238 7141, email kaseys@ franklinlaw.co.nz.

LESLEY EUNICE SMITH

Would any lawyer holding a will for the above-named, late of 579 Glenfield Road, Glenfield, Auckland, retired process worker, born on 20 February 1945, who died on 23 January 2013, please contact Anne Beeson, Stevenson Campbell Lawyers, PO Box 35077, Browns Bay, Auckland 0753 or DX BP62003, Browns Bay, ph 09 477 0388, fax 09 478 7077, email anne@ baylaw.co.nz.

LEA CANTY

Would any lawyer holding a will for the above-named, late of 7b Fairview Road, Katikati, born on 29 April 1958, who died on 16 February 2013 in Tauranga, please contact Heather O’Sullivan, Lyon O’Neale Arnold Lawyers, PO Box 746, Tauranga 3140, ph 07 928 4426, fax 07 928 4420, email heather@lyon-oneale.co.nz.

DEREK ROSS SCOTT

Would any lawyer holding a will for the above-named, late of 1117 Fergusson Drive, Upper Hutt, who died on 24 February 2013, please contact Ian McCulloch, Ian McCulloch Max Tait Legal, Lawyers, PO Box 50565, Porirua 5240, or DX SP32545, ph 04 237 6555, fax 04 237 7756, email ianmcculloch@ xtra.co.nz.

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

PROPERTY John Phillips

00 44 (0)1483 540841

ajp@fearonlaw.com

PROBATE

Francesca Nash 00 44 (0)1483 540842

fn@fearonlaw.com

Regulated by the Solicitors Regulation Authority of England and Wales

Wills

KEVIN GRANT WILTSHIRE

Would any lawyer holding a will for the above-named, late of Cambridge, company director, who died March 2013, please contact Gavin Arnet of Arnet Law Limited, PO Box 1330, Pukekohe 2340, or DX EP77028, Pukekohe, ph 09 238 8136, email gavin@arnetlaw.co.nz. s40 public works act

JEAN CLARE MULHERN

Would any lawyer who currently acts for the above-named or is holding a will for the above-named, who owned property in Pukerua Bay in the 1980s, who died on 5 September 1991, please contact Murray Bradley, ph 03 363 5040, Darroch Ltd, PO Box 142, Christchurch. Information is sought for the purposes of Section 40 of the Public Works Act 1981.

MARCUS EMERY

ADVERTISE WITH US!

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CHRISTINE WILSON Advertising Co-ordinator advertising@lawsociety.org.nz 04 463 2905

Would any lawyer holding a will for the above-named, late of 42 Camp Road, Mt Wellington, Auckland, retired, born on 5 September 1937, who died on 3 March 2013, please contact Heather Emery, 17 Utting Street, Birkdale, Auckland 0626, ph 021 719 089, fax 09 483 2330, email heather@nhps.co.nz.

LAWTALK 815 / 28 MARCH 2013

21/8/

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situations vacant

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Superior Quality Legal Offices to Rent Devonport, Auckland Stylish, modern legal offices (x2) available to share with two senior legal practitioners in the Old Post Office building. Includes shared reception area, meeting room, storage, kitchenette and bathroom. Would suit either a Sole-Practitioner or Barrister. Either $950 per month for larger office or $750 per month for smaller office, includes GST and OPEX. Contact Trudie Smith on 021 2602994 or 09 4451672 or visit us at Suite 2 (upstairs), 10 Victoria Road, Devonport. situations vacant

Intermediate Property Lawyer Exciting Opportunity in Tauranga Are you looking for a SeaChange? If so, we have the change that you have been looking for. Harris Tate is a well known and respected law firm that has 34 years of solid history in Tauranga, and has a countrywide client base. We are a medium sized law firm that offers a modern and pleasant work environment. We have established a reputation as being an excellent employer. Diversity and involvement are an integral part of our company’s strategy. We provide an engaging environment that is focused around helping our people to be the best in the market. Tauranga is the hub of the coastal Bay of Plenty, offering a great lifestyle, affordable housing, and best of all, no rush hour traffic. Not only is it a great place to live and raise a family, but our local economy is also showing steady and promising growth. We are offering a great opportunity to the right person to join our company. This would suit a self motivated individual with 4 - 6 years experience in general, commercial, property and trust law. This challenging position has a variety of work and deadlines. If you have proven relationship management skills and are a team player, we want to hear from you. Forward your CV to Robyn Smillie robyn@harristate.co.nz

LAWTALK 815 / 28 MARCH 2013

Assistant Manager Resources Law Join an integrated and modern defence organisation with vital civilian roles A unique opportunity has arisen for an experienced commercial lawyer to join the Defence Legal Services team in an interesting generalist role that will also give you the opportunity to enhance or develop your skills and experience in litigation, property and employment law. Defence Legal Services is the in-house national legal practice of the New Zealand Defence Force (NZDF) which has offices in locations spread across the country as well as military legal staff deployed on operations to places such as Afghanistan. This position reports to a senior commercial solicitor and is part of a high-performing team of military and civilian lawyers. You will have significant involvement with the managers and commanders of the Defence Force in order to meet the organisation’s business and legal requirements. Your role will include the following: • Advising on commercial contractual documents including procurement processes and the negotiation, drafting and approval of a range of significant commercial contracts • Managing employment relationship problems including representing NZDF at mediations and Employment Relations Authority hearings • Advising on matters relating to the Defence Estate • The conduct of civil litigation involving the NZDF • Providing advice to ensure that contracts comply with legislation and applicable policies • Mentoring of junior lawyers. To be successful in this role you must have the following: • Experience in negotiating and drafting commercial contracts • Knowledge of relevant statute and common law • Two to four years post admission experience in commercial law with some litigation, property or employment law exposure • LLB Degree and current practising certificate as a barrister and solicitor of the High Court of New Zealand • A comprehensive understanding of Government procurement policies or an ability to learn • Strong communication skills and the ability to build effective relationships • A high level of discretion and confidence. Don’t miss this opportunity to work in a truly unique legal environment that will offer many opportunities and challenges. We offer five weeks annual leave, above average superannuation and various other discounts and benefits including an onsite gym. Applications close: on 14 April 2013. To view the Position Description and to ‘Apply Online’, please visit the NZDF website, www.defencecareers.mil.nz. For further information, contact Justin Emerson on (04) 496 0730. Please note: Applicants must be legally entitled to work in New Zealand (NZ) and be able to obtain and maintain the required level of NZ Government security clearance for the position applied for. The minimum citizenship and residency criteria for security clearances to be granted by the NZ Defence Force are as follows: • most preferably a NZ citizen who has resided continuously in this country for the last 10 years, OR • is a citizen of, and has resided continuously in one or more of the following countries for the last 10 years: either Australia, Canada, NZ, UK or the USA; and has a background history that is verifiable and can be assessed as appropriate by the NZSIS towards a recommendation of suitability for a security clearance at a higher level. If you do not meet these minimum criteria, we will not be able to accept your application.

situations vacant

SITUATION VACANT

Commercial and Property Solicitor Richmond, Nelson Fletcher Vautier Moore is an established, well Fletcher Vautier Moore currently have a career resourced, law firm with 3 offices in the Nelson opportunity for an intermediate to senior lawyer with Tasman region. We are seeking an experienced commercial and property experience. commercial and property lawyer with a minimum of 4 years toand joinexciting our Richmond Offi ce.will be This is PQE a busy position as you stepping into an established and significant client

The Tasman District is one of the fastest growing base. areas in New Zealand. This is an excellent The successful applicant will a proven track opportunity for someone whohave is willing to develop a record, with be very have ﬁ an excellent practice thecompetent support ofand a large rm. work ethic. We willfor provide the support of acan largework We are looking a person that firm with significant levels of experience in all areas. independently and as part of a team, can build strong working relationships clients, communicate While the position will bewith a busy one, we all still effectively, excellent draftingensuring skills, and willing maintain ahas work and life balance we is enjoy to all become in theregion local has community. that theinvolved sunny Nelson to offer. Please send letter andand short CV to Please sendaacover cover letter short CVSue to Sue Gardener, Partnership Secretary by email Gardener, Partnership Secretary by -email sgardener@fvm.co.nz sgardener@fvm.co.nz www.fvm.co.nz

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Property/General Practice Solicitor Here is your chance to take the next step in your career. We are a thriving medium sized firm that specialises in property and commercial matters with offices in Auckland CBD and Warkworth. We are dedicated to our business and have an aggressive strategy for growth. We are looking for an exceptional lawyer who: • Has a minimum 5 years property, trusts, commercial and estates experience; • Is passionate about the law and client service; • Has their own client base; • Is self-motivated, hardworking and ambitious; • Wants to be part of a dynamic and forwardthinking business; • Is able to work autonomously; • Is capable of managing a conveyancing team; • Has a great sense of style, humour and positive outlook on life. This is your opportunity to be part of a close-knit and high-achieving team with excellent long term career prospects for the right person. If this is of interest to you please send your cv and cover letter in confidence to: stephanie@ppetal.co.nz

SHARP MINDS WANTED LITIGATION SOLICITORS, AUCKLAND AND WELLINGTON, 2–4 YEARS PQE Chapman Tripp is New Zealand’s pre-eminent law firm. We are known for our exceptional standards. Our lawyers collaborate on projects that are novel, important and help shape our clients’ futures. As part of our team, you’ll be in the thick of the action. We are looking for solicitors, with three to five years’ commercial litigation experience, to join our Auckland and Wellington litigation teams. Our teams are involved in work that covers the gamut of commercial law disputes, both civil and criminal. If you’re talented, possess a keen interest in litigation and want to get hands-on experience in advocacy and commercial disputes, Chapman Tripp has the clients, resources, reputation and mind-set to propel you to the top. As the successful candidate, you will work directly with our team of leading litigation partners. You will work in an open, supportive and friendly environment, and be part of a motivated and diverse group. In return for our investment in you, we will expect great things from you, and especially we will want your enthusiasm, your talent, and your sense of fun. If you think that this sounds like you, please apply now by submitting your CV, cover letter and academic transcript to careers@chapmantripp.com. Applications will close on 19 April 2013, but please be aware we will interview on a rolling basis.

www.chapmantripp.com 2013 Litigation Solicitors, Auckland and Wellington, 2 – 4 years PQE, Half page ad.indd 1

LAWTALK 815 /13/03/2013 28 MARCH4:37:47 2013p.m. 35

situations vacant

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With 5+ years PQE for small, well established practice in Wellington City. The ability to establish and develop relationships with existing and prospective clients. Opportunity to expand into other areas of practice. Prospect of early partnership on retirement of senior partner.

To apply send your CV to helen@foot.co.nz or post to PO Box 19182, Wellington 6149.

Senior Solicitor – Governance and Litigation Auckland Central We are New Zealand’s largest local authority providing essential services and facilities to nearly 1.5 million people. We need people who share our dedication to Auckland. With over 8,500 staff fulfilling a diverse range of roles, there are always plenty of career choices with room to move. Are you ready for a new challenge? Auckland Council is on the hunt for a passionate and dedicated Solicitor to join their legal team. This is a high profile role working closely with the political and operational bodies of Auckland Council to assist its response to governance matters and public law litigation. This position will provide an individual with the opportunity to build their career profile as they provide legal strategy for ground-breaking issues. This is a strategic advisory role providing expert advice and the conduct of litigation to Auckland Council. This will include managing Judicial Review processes and acting as an advocate for the organisation. This position will provide support to the governance and decision making of the Council through advising the Mayor, Councillors, Local Bwoard Members, the Chief Executive and the Executive Leadership team. In particular, you will support the Manager Public Law in providing professional development opportunities to the greater team and mentoring them on a regular basis. This is your chance to make a difference to Auckland’s future as an integral part of Auckland Council’s legal team, a high performing team who were finalists in the 2012 New Zealand Law awards ‘In-House Counsel Team of the Year’ category. Want to be a part of this? Apply now! To apply for this position, please go to our careers page www.aucklandcouncil.govt.nz/careers and enter the job code 44438. Applications close Sunday, 7 April 2013 at 10.30pm.

LAWTALK 815 / 28 MARCH 2013

Situations vacant

Lawyer • • •

Consultant or Partner Opportunity, Wellington Are you getting what you want out of your current practice? With recently refurbished offices in the heart of Wellington, this firm offers a collegial working environment, the latest technology and experienced support staff and solicitors. Coming on board as a partner or consultant, you will be able to spend your time where it is most valuable and gain the greatest level of productivity from your practice. This opportunity might appeal to: • A senior partner who would like to wind back their hours and have more flexibility and autonomy. • A sole practitioner who would like to reduce their overheads and be part of a larger firm. • A senior associate with a loyal following, yet a lack of partnership opportunities at their current firm. We appreciate that every situation is unique and we are happy to discuss your particular needs and how you could benefit from this opportunity.

Exciting & Unique Opportunity Intellectual Property/Commercial Law Focus Training and mentoring provided

Our client specialises in intellectual property and commercial law. The organisation has a great culture with a team of friendly, professional lawyers who are passionate about what they do and committed to providing the very highest level of client service. Due to its expanding business, our client is looking for a lawyer who already has some experience in intellectual property and who wishes to combine his or her experience in this field with commercial law work. If you are appointed to this role, ongoing training and mentoring will be provided to help develop your skills. Key attributes of the successful applicant will include: • One to three years experience in trademarks, copyright and designs; • A strong interest in commercial law; • A pragmatic, ‘can do’ approach to problem solving; • A commitment to providing a high standard of client service; • Commercial nous and good judgement; • Initiative, motivation and a keen desire to learn new skills; • Exceptional interpersonal skills; • A team player who can also work independently. If you think you have got the experience and attributes our client is looking for, then we would really like to hear from you. Please send your CV, academic record and cover letter to info@careerdynamix.com

For further information in strict confidence please contact Ben Traynor on 04 471 1423 or email ben.traynor@nicherecruitment.co.nz

+64 4 974 4188 | www.careerdynamix.com | Level 11, Davis Langdon House, 49 Boulcott Street, PO Box 19269, Wellington

Deputy Health and Disability Commissioner (Disability) Te Toihau Hauora, Hauatanga • Auckland based • Medico-legal decision making • Hold a key health and disability leadership role Under the Health and Disability Act 1994 (the Act), the Commissioner is required to promote and protect the rights of consumers who access health and disability services. This is a critical role in ensuring the Code of Health and Disability Services Consumers’ Rights is upheld within the sector as well as achieving resolution and leading the Health and Disability Commissioner’s disability initiatives. The Deputy Health and Disability Commissioner (Disability) is a key member of the Commissioner’s Executive Leadership Team and is warranted to make final decisions on complaints received by the Commissioner’s office from the sector. Therefore, the ability to issue robust decisions and represent the Commissioner’s position on a number of complex and sensitive matters is a core function of this role. The Deputy Health and Disability Commissioner (Disability) is responsible for delivering quality outputs in a high volume environment and leading others to do the same. A core function is to maintain relationships with key disability sector networks. This is a challenging leadership role and the suitable applicant will have: • Experience in working with, or in-depth knowledge of, the disability sector • Formal qualiﬁcations, legal or clinical, most likely at postgraduate level • Experience in high level critical assessment and making sound decisions on analysis of volumes of information • Proven ability to lead teams and deliver high operational workloads to deadlines • The ability to quickly build rapport with a diverse range of stakeholders and develop effective networks • Media liaison experience and ability to present to a wide range of audiences • Understanding of the principles of the Treaty of Waitangi and the aims and aspirations of Maori This is an opportunity to work with a highly professional and dedicated team committed to ensuring consumer rights are upheld under the Code. For further information on the Health and Disability Commissioner or to download a position description please visit http://www.hdc.org.nz/utilities/current-vacancies

To apply for this position visit www.h2r.co.nz or post your application to H2R Consulting, PO Box 137347, Parnell, Auckland and refer to vacancy number 16442. For further information, please call Sheryl Green on (09) 368 7300. Applications close 5.00pm, Wednesday 10 April. All applicants who are interviewed must complete an HDC application form to be considered.

LAWTALK 815 / 28 MARCH 2013

Litigation and Commercial Property Christchurch

Due to demand in Christchurch this dynamic firm, offering the full range of legal services, has a vacancy for: Commercial and Property Lawyer - 18 months to 3 years PQE Working closely with one partner, this role requires a selfstarter who is a safe pair of hands and is technically proficient with proven experience across commercial and property law, conveyancing and lease work. Litigator – 2 to 4 years PQE This role requires first-rate drafting skills. You will be quick on your feet in Court and will confidently advocate in the best interests of the client. A broad litigation experience to include property and commercial disputes, insurance and employment law is essential. Supported by legal experts you will work end-to-end across transactions and litigious matters and interact directly with high-networth commercial, rural and Local Government clients’. While both roles will work autonomously and as part of a team it’s important to know your limitations and seek guidance when necessary. A city of promise, now is the time to reinvest and assist this busy practice to meet the demands of their clients’ and rebuild the city of Christchurch. For a confidential discussion please contact Jennifer Little at Jennifer@hrshop.co.nz 0508 HR SHOP / Level 1 - 182 Vivian Street, P O Box 7031, Wellington South

www.hrshop.co.nz

YOUR CAREER ADVISORS Commercial Senior Associate – Superb top tier opportunity for a commercial lawyer with 7+ years’ PQE. Working with international and local sporting events and associations, as well as helping smaller enterprises, foreign investors and start-ups - with an emphasis on sales and marketing law. Ideally your experience will include work with sales and marketing contracts, but if you have solid general commercial law experience we would love to hear from you. Ref: 32326 Senior Litigator – Approachable partner, large firm quality of work in a smaller relaxed environment. Commercial and insolvency litigation. Consistent feedback in the market is that this firm has a welcoming, friendly, down to earth group of people. Non hierarchical with a strong team focus. A very genuine and open work culture. Ref: 32746 Corporate Commercial – 4 – 7 years. More client contact, more hands on, better variety and less pressure. The practice includes share and business acquisitions and disposals, company takeovers, public offers of securities, managed funds, private equity, joint ventures and general contract negotiation. You would also provide general corporate/commercial advice to a range of clients including listed companies, investment banks, fund managers, retailers, manufacturers, and high net worth individuals. Solid boutique with remarkable people. Ref: 32245 For further details please call Meryn Hemmingsen 029 965 8152 or 09 306 5500, email merynhemmingsen@momentum.co.nz 191 Queen Street Auckland P +64 9 306 5500

40 Mercer Street Wellington P +64 4 499 6161

M O M E N T U M .C O. N Z

Deputy Public Defender

Junior Criminal Lawyer – Manukau

Based in Tauranga Vacancy 23952

Junior Criminal Lawyer – Tauranga

The Public Defence Service (PDS) provides high quality legal advice and representation in a full range of legally aided criminal cases, aimed at helping people access justice, and promotes the values of integrity, fairness, consistency and high quality service to its clients. It also provides professional leadership of the duty lawyer service. We are seeking a Deputy Public Defender who will lead a high quality criminal legal aid defence service in the Northern Region. As part of a professional and dynamic service you will report to the Public Defender, Northern, be part of the Northern Regional Management team and lead a team of committed lawyers at our Tauranga office. We are seeking applications from well respected lawyers who have proven credibility with judges, peers and others in the legal community with a speciality in criminal advocacy.

Vacancy 23948 Vacancy 23952

The Public Defence Service has a commitment to providing independent, high quality, timely, legal advice and representation in a full range of criminal cases including providing professional leadership of the duty lawyer service. Reporting to the Deputy Public Defender, your enthusiasm and skills will contribute to the delivery of high quality public defence services in the summary and trial jurisdiction at the local court. These positions present an opportunity to contribute to a significant development in criminal defence services in New Zealand. You will have strong advocacy skills, be able to work in a team, relate well to people from diverse backgrounds and to manage a high caseload. This is not a graduate level position. As a junior lawyer you will have completed the duty solicitor training and have category 1 approval or the ability to gain this. You must have defended hearing experience.

Your professional leadership and expertise in mentoring, coaching, training and criminal advocacy will ensure that lawyers within the Tauranga Public Defence Service are effective and well supported.

This is an opportunity to advance your legal career in a busy, challenging and supportive environment. The Public Defence Service can offer you a commitment to your ongoing professional development, a competitive salary and the opportunity to make a contribution to the legal profession in New Zealand.

To apply, please go to the Ministry of Justice vacancies website http://careers.justice.govt.nz/Pages/Vacancies.aspx click on the position job title and follow the instructions.

Applications close Wednesday, 10 April 2013.

Applications for all positions will close on Wednesday, 10 April 2013.