LAWTALK
1 FEBRUARY 2013 / 811
FOR THE NZ LEGAL PROFESSION
ANT I - M NEY
LAUndering AND COUNTERING FINANCING OF TERRORISM
~ PAG E 4 ~
1
LAWTALK 811 / 1 FEBRUARY 2013
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: ANTI-MONEY LAUNDERING
“Rising business pressures, evolving legal technologies and climbing law school debt ... it’s no wonder that lawyers are stressed.” p. 15
‘Money laundering is the process by which criminals make “dirty” money, obtained from criminal activities, look legitimate ...’ p. 5
9
19
5
Early resolution of complaints
New faculty for Litigation Skills sought
Anti “dirty” money legislation
By Elliot sim
The New Zealand Law Society’s Early Resolution Service (ERS) for complaints against lawyers will be rolled out nationally on 1 February 2013...
NZLS CLE is seeking faculty for the 2013 residential Litigation Skills Programme, to be held at Lincoln University from 18-24 August...
Criminals are savvier than ever in their efforts to launder money and go to great lengths to avoid detection both locally and globally...
22 QC applications open
14 An 'amazing' lawyer LawTalk reporter Rachael Breckon speaks to public sector in-house lawyer of the year 2012 Rosalie Cus...
15 A well known stress-buster Stress is consistently rated the number one problem that lawyers face. This was highlighted again just a few weeks ago...
Attorney-General Christopher Finlayson has announced that an appointment round for Queen’s Counsel will take place this year...
23 Older client perspective The number of New Zealanders over the age of 65 is rapidly increasing. Statistics New Zealand projects there will be over 750,000 in New Zealand by 2021, making up 16% of the population. Rachael Breckon looks at the unique legal needs of this growing client base...
6
7
7
Implications for lawyers and law firms
Work on phase two will begin next year
New Police IT system
Minter Ellison Rudd Watts funds management and financial services lawyer Karen Mace has an intimate knowledge of the new anti-money laundering regime...
Ministry of Justice General Manager Criminal Justice Malcolm Luey says stage two of the anti-money laundering reform, which will capture lawyers...
The New Zealand Police will be rolling out a new reporting system to help deter money laundering later this year...
REGULARS
10
16
20
22
24
26
29
People in the law
Law Reform Report
Effective Practice
The Bookshelf
Branch News
CLE
Lawyers Complaints Service
ADVERTISE WITH US!
LAWTALK • LAWPOINTS • OUR WEBSITES
1
LAWTALK 811 / 1 FEBRUARY 2013
CHRISTINE WILSON Advertising Co-ordinator christine.wilson@lawsociety.org.nz 04 463 2905
LAWTALK 810 / 7 DECEMBER 2012
1
FROM THE LAW SOCIET Y CH RISTIN E G RICE
N
ew Year is the traditional time for resolutions. These often involve personal goals but it is just as important to consider work and career goals. The management gurus tell us that the key to professional success lies in taking charge of your career, setting strategic and achievable goals, and planning for what lies ahead. We all have good intentions but these get lost in the hurly-burly of our busy lives. Continuing Professional Development (CPD) requirements provide an impetus to set and work toward those goals. A vital part of legal practice is keeping up with substantive changes in the law, but these days we also have to keep abreast of technology and the changing global legal environment. The only thing that is certain is that the practice of law and options open to lawyers in five years’ time will be much different from today. The profession is under increasing scrutiny. It must not just pay lip service to the notion of CPD but rather embrace the concept of effective lifelong learning and professional development as simply a basic part of a professional’s business and personal planning. The Law Society Board recognises these fundamental concepts in the proposed CPD scheme. The CPD scheme was developed over the past five years and builds on the latest educational thinking, consultation and consideration of CPD requirements in other professions and overseas jurisdictions. The introduction of CPD will mean that all lawyers must complete both a CPD plan and undertake a minimum of 10 hours1 of CPD activities during each CPD year, which will run from 1 April until 31 March of the following year. There will be no mandatory topics. The planning component is intended to encourage individual lawyers to take responsibility for identifying and fulfilling their own learning requirements, and to encourage lawyers to focus on outcomes by reflecting on and evaluating each learning activity they undertake, recording what they learn and what they will do differently. The scheme allows flexibility in selecting the CPD 1
2
Fifty hours is recommended but not mandatory.
LAWTALK 811 / 1 FEBRUARY 2013
courses and is not limited to certain providers.2 NZLS CLE Ltd is committed to ensuring there are the courses available for lawyers to fulfil their CPD requirements. NZLS CLE already delivers 1,486 hours of CPD per annum with a diverse range of courses that assist with business and professional development such as “How to read accounts”, “Logic for Lawyers” and legal education such as introduction to the Family Court. Law Society staff are preparing for a busy year ahead. In the 2012 calendar year, the Law Reform team made just under 90 submissions on a range of proposed law reforms – including 39 submissions to Parliamentary select committees on Bills before the House. In addition, the Law Society considered and co-ordinated representation on numerous legal and administrative changes including the District Court restructuring. The demand for submissions and input from the Law Society is likely to increase this year. In addition, heavyweight projects, such as the constitutional review and the Criminal Procedure Act implementation are also on the horizon. Maintaining and enhancing the high quality of those submissions is demanding, given the volume of material. Legal Aid, criminal and family law changes remain thorny issues which will continue to consume considerable time and energy of many practitioners over the next year. The voluntary input of hundreds of lawyers in all aspects of Law Society work is remarkable. The Law Society sections ‒ Family Law, CLANZ, and Property Law ‒ are also preparing for a busy 12 months. Each section president will inform of what lies ahead in this column over coming issues of LawTalk. We are always interested in lawyer feedback. We endeavour to inform the profession of all consultations under way, new government initiatives and calls for submissions in LawPoints. However, occasionally tight government or parliamentary deadlines out of our control make this difficult. So get planning and I hope this year is a productive and fulfilling one for you all!
Christine Grice New Zealand Law Society Executive Director 2 There is no accreditation of providers but the course or activity must meet the requirements of the scheme. For further details see www.lawsociety.org.nz/home/for_lawyers/regulatory/ continuing_professional_development.
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 christine.wilson@lawsociety.org.nz Inquiries about subscriptions to: subscriptions@lawsociety.org.nz DESIGN: Jesse Cogswell Ph +64 4 463 2981 jesse.cogswell@lawsociety.org.nz Printing: Lithoprint, Wellington ISSN 0114-989X
Coming up … Managing eDiscovery
Access to justice
Ernst & Young and E-Discovery Consulting have joined forces to present the Managing eDiscovery in New Zealand Conference. Entitled Understanding the practical impact of the High Court Discovery Rules 12 months on, the conference is in Auckland on 13 February.
Access to Justice in an Age of Austerity is the theme of a conference that will be held in Auckland on 11 March.
Electronic discovery in New Zealand has grown significantly over the last year. The conference will provide a practical insight into the entire e-discovery process, including a stepby-step guide to each phase of the process. The event will look to equip legal professionals with the further skills and the necessary grounding in electronic discovery. Not only will the conference look at what the court requires, it will also provide valuable insight with expert practical experiences of the tips and pitfalls of conducting electronic discovery. Judge David Harvey is the keynote speaker, and will provide a judicial perspective about the new discovery rules. The event will also feature leading eDiscovery experts and practitioners from New Zealand and internationally. See http://www.ediscovery.co.nz/ediscovery-newzealand-conference/.
Court excellence The Australasian Institute of Judicial Administration (AIJA) Conference The Pursuit of Excellence and Innovation in Courts and Tribunals will be held in Auckland from 7-9 March. The revised version of the International Framework for Court Excellence (IFCE) will be presented and discussed at the conference. See www.lawyerseducation. co.nz/shop/Conferences+2013/ AIJA+Conference.html.
CLIENTS WITH The views expressed in LawTalk are not necessarily those of the New Zealand Law Society. Articles may be reproduced provided acknowledgment is given to LawTalk.
3
LAWTALK 811 / 1 FEBRUARY 2013
ACC DISPUTES? JOHN MILLER LAW
Level 1, 13 Leeds St I PO Box 6314, Wellington +64 (04) 801 5621 I info@jmlaw.co.nz www.jmlaw.co.nz
Presented by The Legal Research Foundation in association with the NZ Centre for Human Rights, the conference aims to explore the extent to which the justice sector meets its obligation to secure access to justice. This will include a review of recent and planned changes to various courts, to the funding of legal aid, and to other issues where the concentration has been on questions of funding rather than on the rights involved. Professor Paul Rishworth, convenor of the New Zealand Law Society’s Law Reform Committee, will be one of the speakers. See www.legalresearch. org.nz/.
Environmental law The LAWASIA Environmental Law Conference will be held in Chiang Mai, Thailand, on 23 and 24 February. See http://lawasia.asn.au/.
Corporate counsel conference The 9th IBA International Corporate Counsel Conference will be held in Paris on 15 and 16 April. This conference is presented by the IBA Corporate Counsel Forum. Topics will include EU competition, compliance programme and EC competition, China merger control, the financial crisis and impact on corporations, and international compliance programme. See www.ibanet.org/Conferences/ conferences_home.aspx.
• Wish to refer them to a specialist ACC law firm? • With nationwide coverage? • We deal with ACC matters only and will not represent your clients in other areas.
~ FEATURE By ELLIOT SIM ~
4
LAWTALK 811 / 1 FEBRUARY 2013
Anti “dirty” money legislation Criminals are savvier than ever in their efforts to launder money and go to great lengths to avoid detection both locally and globally. Money laundering is the process by which criminals make “dirty” money, obtained from criminal activities, look legitimate or “clean”. They aim to introduce their “dirty” money into the financial system without being caught. Once in the system, it can be transferred between different bank accounts or financial products in New Zealand or abroad, or used to purchase goods and services. The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) aims to bring New Zealand up to international standards in anti-money laundering efforts to prevent it from becoming a safe harbour for such activities.
business, accept deposits or other repayable funds from the public, lend to or for a customer, undertake financial leasing, transfer money, manage credit or debit cards and the like, trade for someone’s account, engage in currency changing, or invest, administer or manage funds on behalf of other persons. Under the AML/CFT Act, reporting entities must create, by 30 June 2013, internal policies by undertaking risk assessments and creating procedures and controls to detect and prevent money laundering and financing of terrorism activities. Section 59(2) of the AML/CFT Act requires a “reporting entity” to audit its risk assessment and AML/CFT programme every two years or when asked to do so by their supervisor.
FATF
The Act was passed in 2009 and comes into full effect on 30 June 2013. Some parts are already in force, most notably provisions dealing with the cross-border transportation of cash. Without its implementation, New Zealand would have been considered a weak point of vulnerability globally for money laundering activity. This could have had a negative impact on local businesses and led to this country being competitively disadvantaged as a result of offshore entities (banks) having to apply additional controls in respect of Kiwisourced remittances.
The FATF is an inter-governmental body established in 1989 by the Ministers of its Member jurisdictions. The objectives of the FATF are to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. The FATF is therefore a “policymaking body” which works to generate the necessary political will to bring about national legislative and regulatory reforms in these areas. The FATF has developed a series of recommendations that are recognised as the international standard for combating money laundering and financing terrorism and proliferation of weapons of mass destruction.
Adopting recommendations issued by the Financial Action Task Force (FATF) will contribute to public confidence in the financial system, and maintain and enhance New Zealand’s international reputation. The AML/CFT Act applies to “reporting entities”. A reporting entity is currently defined to capture casinos, certain financial advisers and trust and company service providers, and persons who fall within the definition of a “financial institution”. The definition of financial institution contained in the AML/ CFT Act is an activity-based one. It will capture persons who, in the ordinary course of
5
LAWTALK 811 / 1 FEBRUARY 2013
Depending on the type of financial activities they undertake, a reporting entity’s supervisor will be the Reserve Bank of New Zealand (RBNZ), Financial Markets Authority (FMA), or the Department of Internal Affairs (DIA). In addition to assessing their risks, reporting entities are required to establish, implement and maintain an AML/CFT programme, identify and verify the identity of customers with ongoing Customer Due Diligence (CDD). They are also required to report any suspicious transaction as well as monitor and keep records.
Businesses supervised by the FMA will include issuers of securities, trustee companies, futures dealers, collective investment schemes, brokers and financial advisers. Banks, life insurers and non-bank deposit takers are to be supervised by the Reserve Bank of New Zealand. Casinos, money service businesses (including currency exchange and money remittance/transfer), payroll remittance, lending and other services (including nonbank, non-deposit-taking lenders, debt collection and factoring), financial leasing, cash transporters, safe deposit/ cash storage, and issuing and managing means of payment (including non-bank credit card providers), and any other reporting entities not supervised by the RBNZ or FMA, are to be supervised by the Department of Internal Affairs (DIA). LT
ANTI - MONE Y L AUNDERING
Minter Ellison Rudd Watts funds management and financial services lawyer Karen Mace.
Implications for lawyers and law firms Minter Ellison Rudd Watts funds management and financial services lawyer Karen Mace has an intimate knowledge of the new antimoney laundering regime and has been involved in making submissions and advising clients on it since the first consultation documents were released. She regularly liaises with supervisors about issues faced by her clients in preparing to comply with the regime, and operates as part of a team of AML/ CFT lawyers at Minter Ellison Rudd Watts, led by Auckland-based partner Lloyd Kavanagh. Ms Mace says that lawyers and incorporated law firms will generally be exempt from the AML/CFT Act. “The regulations provide that a lawyer or incorporated law firm will not be a reporting entity by reason only that they carry out a relevant service in the ordinary course of the person’s business
6
LAWTALK 811 / 1 FEBRUARY 2013
as a lawyer or incorporated law firm. I would expect that most lawyers and firms would be able to fall within the parameters of the above exemption, although whether or not this is the case will always be a question of fact. “Lawyers and firms will therefore need to turn their minds to whether all of their activities fall within the above exemption (including considering the guideline released by the supervisors on interpreting what constitutes the ‘ordinary course of business’), and, if not, consider whether those activities are caught by the AML/CFT Act,” she says. The ability to rely on this exemption will particularly be an issue where the activities of a lawyer or firm are different from those that are usually conducted by the profession. “An issue also exists where lawyers and firms are providing services to clients through entities that are legally
separate from the firm, such as via trustee companies. We have raised the limitations of the current exemption with the supervisors to see if changes can be made to broaden the current exemption and give effect to Cabinet’s intention of exempting lawyers and firms from the first phase of reforms,” Ms Mace says. While lawyers and firms should therefore be largely exempt from the new anti-money laundering legislation, Ms Mace believes they will still need to get up to speed with the AML/CFT Act and regulations. “While lawyers and firms will generally be exempt, we will still need to know about the regime in order to effectively deal with banks and other reporting entities who will need to seek more information from us before processing transactions. In particular, I would expect firms will need to enter into
ANTI - MONE Y L AUNDERING written agreements with their banks regarding their trust accounts to enable the banks to rely on a partial exemption from customer due diligence in respect of such accounts.” It is important to note, according to Ms Mace, that while many lawyers and firms will be exempt from the AML/ CFT Act, they will still need to comply with any existing legislation that may apply to some or all of their activities, such as the Financial Transactions Reporting Act 1996 and its requirements to make suspicious transaction reports in particular circumstances. “In addition, a second phase of AML/CFT reform will be introduced in the future which is expected to capture lawyers. “Cabinet papers have made it clear that a second phase of AML/CFT reforms is intended to be introduced which will capture lawyers, and other businesses and professions such as accountants, conveyancing practitioners and real estate agents. The timing of this second phase is currently unclear, but market expectations are that consultation documents in respect of it will be released some time after the new regime has been implemented.” LT
Work on phase two will begin next year Ministry of Justice General Manager Criminal Justice Malcolm Luey says stage two of the anti-money laundering reform, which will capture lawyers, will kick in some time next year.
implemented AML/CFT reform for lawyers. The Third Anti-Money Laundering Directive, in force since 2005, provides a European framework around the international Financial Action Task Force standards,” he says.
Initial policy work for phase two of the reform is intended to begin in 2014, as one of the work streams in the All-ofGovernment Response to Organised Crime (AGROC).
However, Mr Luey says the Financial Transactions Reporting Act 1996 (FTRA) obliges lawyers to carry out due diligence and report suspicious transactions.
“This work will consider extending AML/CFT measures to designated nonfinancial businesses and professions such as lawyers, accountants, real estate agents and high value dealers.
“These obligations are intended to continue until such time as phase two of the reform is implemented. We will be communicating with the [legal] profession about phase two at the appropriate time.” LT
“Members of the European Union (such as the United Kingdom) have
New Police IT system The New Zealand Police will be rolling out a new reporting system to help deter money laundering later this year. From June 30 this year, the New Zealand Police’s Financial Intelligence Unit (FIU) will, under the AML/CFT Act, launch a new IT system called goAML for receiving and analysing suspicious transaction reports. The goAML financial intelligence analysis tool was developed by the United Nations Office on Drugs and Crime to help combat money laundering and serious crime internationally. Financial intelligence units around the world use the goAML application to receive and analyse Suspicious Transaction Reports (STRs), Suspicious Property Reports (SPRs) and Border Cash Reports (BCRs). The goAML tool is an integrated threestep system which replaces several disparate ones, including collection, analysis (rule-based analysis, risk-score and profiling), and dissemination (can
7
LAWTALK 811 / 1 FEBRUARY 2013
escalate to law enforcement and seek feedback). The system can analyse and visualise large volumes of data to help understand complex patterns of transactions and develop tactical and strategic intelligence, monitor potentially suspicious accounts and reveal patterns and covert connections. FIU chief Patrick O’Sullivan worked for the United Nations for about seven years and was instrumental in the development of the system. Mr O’Sullivan says that with the new IT system it will be much easier to report suspicious financial activities. “Compared to what we’re using now and the way we are receiving reports now, it will be hugely more efficient. It will be easy for reporting suspicious activities, particularly for the larger institutions, as the reporting system will be fully automated. They will be able to extract data from either their AML solution or from their core
banking solution and directly convert it into the schema format and then just submit it electronically.” Lawyers, however, are not expected to submit reports as frequently as businesses and will not need to invest in technology to use the system. “You can just access the website, download the form, fill it out and then just submit it. That comes to us in XML format and is integrated into our database automatically. “With the big companies investing in AML/CFT solutions, they, themselves, should be a lot better at identifying suspicious or unusual activities within accounts and within transactions. We expect from that a pretty big increase in the volume of reporting compared to what’s happening now,” Mr O’Sullivan says. Reporting entities will electronically report STRs and SPRs to the FIU through goAML, except in urgent circumstances. CNTD
ANTI - MONE Y L AUNDERING Reports will be submitted in XML format, unless the provided goAML web forms are used to manually input information. goAML is accessed through a secure web interface and reporting entities register with the FIU to gain access using unique user logons, which will be provided. While SPR and STR information can be entered manually, reporting entities expecting large volumes may instead submit reports using the XML schema or the structure of the reports. Reporting entities simply log on to goAML and upload the XML file containing their reports. To reduce the amount of manual work required to produce XML reports, the information reported by entities can convert their own information from internal databases to the required XML schema using their automated systems.
Information for lawyers When a lawyer is advising clients who may be reporting entities or customers of reporting entities and who therefore must comply with the new requirements:
Lawyer advising client While many banks and large financial services groups are advanced in their preparations, large numbers of smaller businesses may not currently be aware that they will fall within the definition of “financial institution”. A good start is to check with clients whether they have registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008, and if they have it is likely they should be preparing to comply with the AML/CFT Act.
Lawyer as a customer Under the new legislation, reporting entities will need to be more rigorous in undertaking Customer Due Diligence (CDD) investigations than under the current law. The principal impact on lawyers will be as a result of the flow-on effect of the new and increased obligations that are being placed upon banks and other financial sector clients and service providers. Although exemptions will help, when banks are dealing with a lawyer who is acting as a trustee or as an agent for a
8
LAWTALK 811 / 1 FEBRUARY 2013
Individual elements of the report are organised into collections of similar elements called ‘nodes’. These are connected to other nodes, providing the overall structure or charting of the data. Multiple objects and connections can be included in one report and ancillary files can also be attached to the STR or SPR. Such files could include surveillance footage, photos, copies of identification and other documentation. These are attached manually. Information can be submitted using XML data and supporting documents in PDF, JPG, or other format, as long as all relevant information is captured in the XML format. Any information reported in the XML schema via attachment only, will not be accepted. The FIU may also request further information from reporting entities such as Additional Information Files
client, the bank will need to ensure they have sufficient CDD information on the beneficiaries of trusts or on the lawyer’s client’s identity (and some source of funds in some cases). Financial institutions will require lawyers to obtain and provide such information as a condition of the banking relationship, given the onerous obligations and potential risk of prosecution placed upon the bank in the event of non-compliance. In addition, Regulation 24 of the AntiMoney Laundering and Countering Financing of Terrorism (Exemptions) Regulations 2011 will provide reporting entities with an exemption from s11(1) (b) and s16(1)(b) of the AML/CFT Act, in relation to lawyers and other trust accounts in certain circumstances. Section 11(1)(b) relates to the need to undertake CDD on the beneficial owner of the customer, and s16(1) (b) relates to the need to verify that identity. The exemption applies where: • The trust holder is either another reporting entity or subject to the FTRA. Lawyers will be under the FTRA typically. • The reporting entity has taken reasonable steps to satisfy itself that the trust account is being operated for legitimate and professional purposes and not to obscure the beneficial ownership of the account; and reporting entity has written agreement with the account holder that the account holder will produce to the reporting entity the
(AIF), and use the same XML schema as STRs and SPRs. Once an STR or SPR is submitted, the reporting entity will receive an automated response from goAML which will indicate whether the report has been accepted or rejected. Reports may be rejected because they don’t match the required schema such as a date of birth in the future, or they may be manually rejected by FIU staff. goAML also has a secure messaging system, allowing reporting entities to correspond with the FIU regarding submissions of STRs and SPRs. The system is a fully integrated Windows-based application and further details regarding registration will be released later this year via the FIU webpage at www.police.govt.nz/ service/financial. LT
information relating to the names and dates of birth of the clients whose funds are held in the trust account. In order to rely on this exemption, banks and other account providers will likely look to re-document their arrangements with firms in respect of trust accounts.
Lawyer as a reporting entity A lawyer would normally be a reporting entity if he/she does work bringing him/ her into the definition of a “financial institution”. However, Regulation 20 of the AntiMoney Laundering and Countering Financing of Terrorism (Definitions) Regulations 2011 contains an exclusion from the definition of reporting entity for lawyers. It provides that a person is not a reporting entity, for the purposes of the AML/CFT Act, by reason only that the person carries out a relevant service in the ordinary course of the person’s business as a lawyer. Accordingly, to the extent that all of a lawyer’s activities actually fall in practice within the scope of this exemption, the lawyer will not be regulated by the AML/ CFT Act. If this is not the case then the lawyer will need to comply with the AML/CFT Act and related regulations in respect of any activities that the exemption does not apply to. From Anti-Money Laundering and Countering Financing of Terrorism Act 2009 by Lloyd Kavanagh, Published by NZLS CLE Ltd, October 2012.
Early resolution of complaints By ELLIOT SIM The New Zealand Law Society’s Early Resolution Service (ERS) for complaints against lawyers will be rolled out nationally on 1 February 2013. The ERS is focused on dealing with certain types of complaints by using alternative dispute resolution processes. When a complaint is made, a person qualified in dispute resolution assists the parties to consider the issues and the option for resolution. Contact is usually made by telephone. The process involves a member of the ERS team explaining the process and using negotiation to settle or otherwise deal with matters effectively, to the satisfaction of both parties. NZLS General Manager Regulatory Mary Ollivier says the new service is simple and effective. “It will reduce the time lawyers spend dealing with complaints against them and offers an alternative and flexible process for the complainants. The process is ‘hands on’ and easier. An ERS team member talks to both the lawyer and the complainant directly,” she says. The Lawyers Complaints Service (LCS) has been trialling the new process since November 2011 in Auckland, Wellington, Christchurch, Waikato and the Bay of Plenty. “We received encouraging and positive feedback during the pilot programme. The average time taken to conclude ERS complaints is 30 days, which is much quicker than the average time taken to close a complaint following the ordinary process. The ordinary process is more formal and takes a lot longer,” Mrs Ollivier says.
the ordinary process is considered more appropriate, will be treated in the ordinary way by the LCS and the standards committees. The ERS process begins with the LCS staff receiving a complaint and determining whether it is suitable for early resolution. A second “triage” then occurs.
“The ERS will resolve appropriate complaints more speedily and achieve more overall satisfaction for both the lawyer and the complainant while complying with the legislation.” The complaint goes to a standards committee which further considers the complaint’s suitability for entering into ERS. From here, the committee would direct that the parties try to negotiate a resolution. “Effectively, each complaint will be subjected to a double triage before entering the ERS,” Mrs Ollivier says.
The ERS will not deal with all complaints, however.
The ERS process is voluntary, so if either party declines, the matter is dealt with in the ordinary manner.
For example, those alleging more serious misconduct such as any form of dishonesty or involving trust accounting issues, or where
Any information given in respect of the complaint during ERS is confidential and will not be available to a standards committee if the matter ends up going
9
LAWTALK 811 / 1 FEBRUARY 2013
through the normal complaints process. This is the usual position for most alternative dispute resolution options. The LCS received 1,625 complaints for the year 30 June 2012. Mrs Ollivier said the formal complaints process was unsuitable for minor consumer complaints. “The resolution of complaints was taking too long, even in cases where the result was ‘no further action’. Many either had no merit or the complainant misunderstood the function of the LCS. “These were delayed by being subject to a formal process when they could have been dealt with more quickly and effectively by providing an early explanation of the process and the possible outcomes, or by the parties themselves choosing a more suitable alternative remedy.” Other important factors addressed by the ERS include the parties feeling that they did not have a proper opportunity to discuss the issues that concerned them, having complaints open for long periods of time, a higher than expected number of reviews filed with the Legal Complaints Review Officer and a trend towards use of alternative dispute resolution processes in other complaints systems. The ERS deals with complaints more rapidly and effectively and is expected to lead to a better use of standards committees’ time and expertise by leaving them to deal only with the complaints that require investigation and determinations. “The ERS will resolve appropriate complaints more speedily and achieve more overall satisfaction for both the lawyer and the complainant while complying with the legislation. “The complaints system must operate fairly efficiently and effectively. Protection of the public is the key factor and this can be achieved by adopting alternative processes,” Mrs Ollivier says.
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
Other honours
New Year’s Honours The following members and former members of the legal profession were awarded honours in the New Year’s Honours list: Justice Judith Potter, of Auckland, was made a Dame Companion of the New Zealand Order of Merit for services to the judiciary. Justice Mark O’Regan, of Wellington, was made a Knight Companion of the New Zealand Order of Merit for services to the judiciary. Geoffrey Ricketts, of Auckland, was made a Companion of the New Zealand Order of Merit for services to education, the arts and business. The late Laurence Cooney, of Christchurch, was made a Member of the New Zealand Order of Merit for services to business, law and the community. Geoffrey Mirkin, of Dunedin, was made a Member of the New Zealand Order of Merit for services to the community. Dr Wayne Mapp, of Auckland, was appointed to the Queen’s Service Order for services as a Member of Parliament.
10
LAWTALK 811 / 1 FEBRUARY 2013
Attorney-General Christopher Finlayson and Solicitor-General Michael Heron have been appointed Queen’s Counsel. The appointments are the first following the law change which restored the rank. “Christopher Finlayson is one of this country’s finest legal minds,” Prime Minister John Key said when announcing the appointments. “His achievements speak for themselves. He is an outstanding barrister and this appointment reflects the responsibility he holds on behalf of the Crown. Like Mr Finlayson, Mr Heron is a respected lawyer in the profession and this appointment is a reflection of the responsibility of the office he holds.” The New Zealand Law Society has welcomed the naming of the two new silks. “There will be widespread approval among lawyers that the first Queen’s Counsel appointments should be to these two well-regarded and senior lawyers,” Law Society President Jonathan Temm said. Before entering Parliament in 2005, Mr Finlayson practised law in Wellington for over 25 years, including as a partner at Bell Gully, and became a barrister sole in 2003. He has represented clients in all of New Zealand’s courts and tribunals, including nine appearances in the Privy Council. Mr Heron was admitted in 1990. He was a partner in Meredith Connell from 2000 to 2007 and then in Russell McVeagh from 2007 to 2012, when he was appointed SolicitorGeneral.
Judge MacLean receiving his honorary doctorate from Canterbury University Chancellor Dr John Wood.
Chief Coroner Neil MacLean was awarded an honorary doctorate in law by Canterbury University at its December graduation. New Zealand’s first Chief Coroner, Judge MacLean completed a law degree at Canterbury University in 1967 and practised in Christchurch between 1972 and 1993. He became the Christchurch Coroner in 1978 and served in that role until he was appointed a District Court Judge in 1993. Judge MacLean was appointed the first Chief Coroner of New Zealand under the Coroners Act 2006. He took up the position in February 2007. Canterbury University law professor Philip Joseph was awarded the university’s 2012 Research Medal at the graduation ceremony on 12 December. Professor Joseph is the first legal academic at this university to win the award. He has an international reputation in constitutional and administrative law, also known as public law. The most influential of his 150-odd publications is his sole authored text Constitutional and Administrative Law in New Zealand. The first edition, published in 1993, took six years to complete. The second edition was published in 2001 and the third edition, published in 2007, runs
PEOPLE IN THE L AW Disciplinary Tribunal. Ms Marshall fills the vacancy created by the resignation of Dr Murray Jamieson in September 2011, and joins three coroners based in Auckland. Former Governor General Sir Anand Satyanand will lead the Expert Advisory Group on Information Security. This group will oversee implementation of the Vulnerable Kids Information System (ViKi) and new Risk Predictor Tool which have the capacity to better protect children from abuse and neglect.
Professor Philip Joseph holding the Research Medal flanked by Canterbury University’s Vice Chancellor, Dr Rod Carr (left) and the Chancellor, Dr John Wood.
to more than 1300 pages. A fourth edition is being prepared. Professor Joseph was regarded as “not only the author of the authoritative textbook but also as the leading scholar in New Zealand on public law,” Justice John Fogarty of the High Court said. Otago University Dean of Law, Professor Mark Henaghan, said Professor Joseph’s research covers every aspect of New Zealand government – Parliament, the Courts and all other branches of government. “His work analyses the really important debate about the nature of the Treaty of Waitangi and where it fits in our constitutional framework. It is the breadth and depth of this work that makes it unique. It is a massive contribution to the wellbeing of New Zealand’s legal system.” Professor Sir Jeffrey Jowell, Director of the Bingham Centre for the Rule of Law in London, said Professor Joseph was one of the leading public law scholars in the common law world today. Brent McAnulty from TVNZ has won a 2013 ILO Asia-Pacific Counsel Award. Mr McAnulty was one of seven individual winners who emerged from more than 800 individual nominations from corporate counsel and law firm partners in the Asia-Pacific region. He won the regulatory (non-financial services) award. This is the first year the awards have been made and they were presented on 24 January. Launched in 1998, the International Law Office (ILO) is the nexus where global corporate counsel engage with the world’s pre-eminent law firms, and each other. The awards, ILO says, are unique in clearly identifying those in-house counsel who excel in their specific roles.
Appointments Auckland lawyer Deborah Marshall has been appointed a Coroner for the Auckland region. Ms Marshall moves to Coronial Services from being general counsel for the Serious Fraud Office. Before joining that office in June 2010, she was a partner at Meredith Connell. She is an experienced criminal prosecutor, specialising in regulatory litigation. She has appeared in many courts and tribunals, including the High Court, District Court, Coroner’s Court and Human Rights Review Tribunal. She has also prosecuted cases in various disciplinary tribunals, including the Health Practitioners
11
LAWTALK 811 / 1 FEBRUARY 2013
Auckland lawyer Jayne Kirton is one of two new members of the board of Variety – The Children’s Charity. Ms Kirton is a consultant at Bell Gully. She is also a Guardian of the Saint Kentigern Boys’ School Roselle Foundation; and assists other not-for-profit organisations including parenting and mentoring organisations. Blenheim lawyer Peter Radich has been reappointed to the Broadcasting Standards Authority (BSA). The senior partner of Radich Law, he has been reappointed as BSA Chair. Mr Radich is a member of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal and is a former Coroner. He was previously the chair of the New Zealand Law Practitioners Disciplinary Tribunal. His reappointment is until 30 November 2015. The Minister of Māori Affairs, Dr Pita R Sharples, has announced the appointment of Miriama Evans, Dr Rawinia Higgins, Paul Swain and Christchurch barrister Nick Davidson QC to the Waitangi Tribunal. Each has been appointed for a term of three years from 1 January 2013. Auckland lawyer Nola Dangen has been appointed a member of the Real Estate Agents Disciplinary Tribunal. Ms Dangen has extensive disciplinary and regulatory experience through the Auckland District Law Society and the New Zealand Law Society. Her appointment is for three years. Wellington lawyer Prue Flacks has been reappointed a director of Mighty River Power until December 2015. Ms Flacks is a senior commercial lawyer and a director of Bank of New Zealand and Chorus.
ON THE MOVE Clare Lenihan has started practice as a barrister sole in Invercargill. Until recently, Clare worked as a senior lawyer for the Department of Conservation. She specialises in resource management and environmental law, conservation law, litigation and public law issues.
PEOPLE IN THE L AW Nelson firm Pitt & Moore has appointed Clare North to its commercial team. Cathryn Barber has been made a partner of Chapman Tripp in Auckland. Cathryn specialises in banking and finance law and has particular expertise in corporate finance, syndications and property finance. She acts for both borrowers and lenders on a range of financing transactions, helping them develop innovative funding structures as well as navigate the increasing regulation in the finance sector. Jarrod Murphy has been made a senior associate of the firm in Auckland. Jarrod is a corporate lawyer with transactional and commercial expertise in the US, European and New Zealand markets, with a particular focus on public and private M&A, joint ventures and capital markets transactions. Before rejoining Chapman Tripp in 2011, Jarrod was an associate at New York law firm Cravath, Swaine & Moore LLP. Vivian Cheng has been made a senior associate of the firm in Wellington. Vivian recently joined the Wellington tax team. She has over 10 years’ experience advising on all aspects of taxation law. Her particular speciality lies in corporate restructuring, mergers and acquisitions, cross border taxation and FATCA. She also manages IRD investigations/tax disputes and negotiates tax settlements on behalf of clients. Peter Le Cren has joined specialist health law firm, Claro, as special counsel. Peter advises on a wide range of policy and practice issues in the health sector. His particular specialties are medical law, privacy and dispute resolution.
Callum Reid has joined Gibson Sheat Lawyers as a consultant, specialising in commercial dispute resolution and insolvency, after 12 years of practice in Sydney. Callum was a partner of Norton White, a boutique commercial law firm in Sydney, and a partner in Duncan Cotterill’s Sydney office before establishing his own specialist insolvency and restructuring practice in Sydney in 2009. Callum has particular expertise in cross-border insolvency issues, and in advising insolvency practitioners both in New Zealand and Australia. Reece Poutawera has joined Gibson Sheat’s Wellington office as a senior solicitor in the litigation team. Reece works for mainly corporate clients and specialises in construction law and all types of debt recovery.
12
LAWTALK 811 / 1 FEBRUARY 2013
Nelson lawyer Kerensa Johnston has been appointed incorporation secretary of Wakatū Incorporation, Nelson. Kerensa will be providing legal and strategic advice to Wakatū Incorporation and its subsidiary companies across the group. Kerensa specialises in public law, local government, Māori land and Treaty of Waitangi issues. Before this she was a legal academic at Auckland University’s Law Faculty. Two solicitors have joined Norris Ward McKinnon. Chris Steenstra has returned to the firm as an associate in the commercial corporate team, after four years working in the IT sector in the UK. Odette Sceats has joined the firm as a solicitor in the commercial business team. Odette has moved from Auckland, where she previously worked at Russell McVeagh.
LAW FIRM NEWS Fiction writers Hamish Clayton and Tanya Moir are the recipients of the annual Buddle Findlay Sargeson Fellowship for 2013. The two new fellows will each spend five months in residence at the Sargeson Centre in central Auckland and receive a $20,000 grant. The fellowship is about giving New Zealand writers the freedom to craft their stories, Buddle Findlay national chairman Peter Chemis says. Mr Clayton is working on a PhD in English Literature. His first novel Wulf (Penguin 2011) won the 2012 NZSA Hubert Church Best First Book Award for Fiction. Ms Moir is a novelist based at Muriwai. Her first novel, La Rochelle’s Road, was published by Random House New Zealand in 2011 and her second novel, Anticipation, is due to be published in March 2013.
The Catalyst Intellectual Property partners (from left) Helen Palmer, Greg Lynch, Kate Duckworth, Britta Fromow and Garth Hendry.
Greg Lynch, Garth Hendry, Britta Fromow, Helen Palmer and Kate Duckworth have formed Catalyst Intellectual Property (www.catalystip.co.nz). Specialising in all aspects of intellectual property law, Catalyst Intellectual Property comprises the patent attorney firm Catalyst Intellectual Property Patent Attorneys and the law firm
WELCOME TO THE PROFESSION The New Zealand Law Society welcomes the following recently admitted lawyers to the profession.
Auckland
Tauranga
Se Ryung Ann
William Michael Eivers John Christopher Muggeridge Te Rangimarie May Williams
Anya Murdoch Alderslade Zainab Fadhil Nomas Al Sadooni Christine Nisha Armadass Eunice Yuen Yee Au Jacob Vincent Barry Zoe Margaret Barnes
Hamilton
Nicholas Stuart Beresford
Kelsey Ella Barry
Maya Bozovik
Kelly Christina Beazley Laura Elizabeth Joan Bielby Thomas Edward Bielby James Barry Carter Alistair Richard Clarke Clara Jillian Dibble Benjamin Matthew Foster Christine Liang Claire Dawn McCool Elizabeth Tuu Moli Alexander Graham John Naylor Nicola Louise Noort Bronwyn Huia Paki Erika Lynn Robertson Benjamin Josef Ron Hohipere Tihema Williams
Emily Rose Bolton Helen Frances Brown Theresa Rosalind Budge Charlette Anne Marie Bunn Andrew Johnathon Charles Campbell Toby Taylor Cartwright Erik Gabriel Chamonte Karen Ka Yin Cheung Margaret Mun Mun Choi Jenny Cho Shen-Ru Chou Stephanie Laura Clarke Leigh Renee Collier Monica Noleen Cooper Dana Marie Corlett Emma Elizabeth Cowle Carla Lisle Cross Siobhan Daly
Catalyst Intellectual Property Law Ltd. Greg is a barrister and solicitor and registered patent attorney based in Wellington who specialises in chemistry and biotechnology patents. Garth is a registered patent attorney based in Dunedin who specialises in biotechnology and pharmaceutical patents. Britta is a registered patent attorney based in Wellington who specialises in engineering, electronics and design technologies, as well as registered designs and copyright. Helen is a registered patent attorney based in Wellington who specialises in chemical and pharmaceutical patents. Kate is a barrister and solicitor and registered patent attorney based in Wellington who specialises in litigation and dispute resolution, as well as trade marks and branding.
13
LAWTALK 811 / 1 FEBRUARY 2013
Aman Chandra Datt Angela Jane Dimery William John Seymour Dymock Jacques Frederick Fourie Hiu Lam Fung Alice Shuanran Ge Caroline Sarah Glen Tiaki Hana Grant-Mackie Charlotte Naja Hadlow Duncan John Halliwell Joseph Andrew Harropp Catherine Elizabeth Helm Christopher James Hickey Lucy-Kate Johnson Manawarangi Laura Isabelle Johnson Vanessa Kathryn Jones
Jessica Lok Ting Lam Yang Andrew Lin Adeline Juan Lin Loh Jaynen Mangal Juanita Cassandra Maxwell Harriet Robertshawe McDonald Geoffrey Steven McGrath Samuel Raymond Mills Nicole Ann Mitchell Olivia Jane Moller Sarah Jane Muller Carla May Pallant-Drake Pani Sinclair Paora-Chamberlin Stacey Victoria Parkins Yoonha Park Mitchell Thomas Parr Geordie William Paterson Smithi Sonali Ravindra Carol Ann Robertson Katrin Saran Lee Ramya Sathiyanathan Mani Sena Ravindra Sena Samuel Seu Lotoaso Sharon Sianatu Michele Alexandra Sissons Victoria Rose Skelton Maxine Andrea Songan Jin Ah Song Shandre Stander Jessica Anne Sussmann Daria Helen Sutherland Eric Paul Terpening Laura Anne Thomas Jacquelyn Alice Stratton Thompson Rhys Mathew Thompson Valelia Falaniko Titie James Oliver Turner Mark Henry Tushingham Alexander John Welch Rebecca Diane Woolacott Simon Neil Robinson Worker Iva Wright Suki Xunning Xiao
PROFI LE
An ‘amazing’ lawyer LawTalk reporter Rachael Breckon speaks to public sector in-house lawyer of the year 2012 Rosalie Cus about why she chose to leave a large firm to work at the Ministry of Social Development (MSD). “I always had a sense that the public sector was the right place for me,” says Ms Cus, who studied a conjoint LLB/ BA with her arts degree majoring in Political Science and Criminology at Victoria University. “I really enjoyed my time at Bell Gully. I learnt a lot there, especially in terms of practical legal advice and in terms of really listening to what clients want.” However, after two years at the large law firm, her strong interests in politics and the role public law has in defining the limits of state power saw her gravitate towards the public sector. While Ms Cus agrees many young lawyers see big firm life as more glamorous than a career in the public sector, she argues it is more perception than reality. “The big firms do a really good job of marketing themselves in a way that the public sector can’t. We don’t have resources to spend on that sort of thing,” she says. “What I found is the level of responsibility I get here is huge. People trust you with a lot and if you can prove you can handle it you will be given more and more good work. I think that’s really rewarding, and you can be involved in really important work
Rosalie Cus (left) receives the LexisNexis Public Law Award award from Rachel Travers, LexisNexis at the law awards last year.
really quickly.” Winning the LexisNexis Public Law Award is a reflection of that level of responsibility. It is a New Zealand Law Awards honour open to all public lawyers in New Zealand. After just two years at MSD Ms Cus became the first in-house lawyer to win the award. MSD senior solicitor Cathy Blakely nominated her colleague for the award. “Rosalie is an amazing lawyer,” Ms Blakely says. “She’s really focused and intelligent and able to cut through to the heart of an issue, but she balances that out by having excellent communication and relationship skills with clients. And she picks things up really quickly. She’s a real asset.” “It wasn’t just a case of me nominating her. She was voted by her clients and colleagues to win the award. When I emailed them and said Rosalie had been nominated, all this awesome
JUSTITIA Providing professional indemnity and specialist insurance products to the legal profession Visit our website www.justitia.co.nz for further information and application forms or contact:
Mr Ross Meijer, Aon New Zealand
(04) 819 4000 • fax (04) 819 4106 email: ross.meijer@aon.com
14
LAWTALK 811 / 1 FEBRUARY 2013
feedback came through to her and other members of the team.” Ms Cus illustrates the “really solid working relationships” the legal team has with its clients with her current work. “Mainly, at the moment, we have been working on the welfare reform changes that arose out of the Welfare Working Group Report a couple of years ago and some of the government’s manifesto commitments,” she says. “Policy will say: ‘this is what the new rules are going to be’, for example, and we may advise on that, as in, whether there’s human rights issues, or whether there are issues with fettering the chief executive’s discretion, and whether [Policy] can do it within an existing law or whether they need to make changes. “At that stage we also involve Work and Income and so they can say: ‘well practically these are the issues that case managers are going to have implementing this’. “I have been told that my advice is really practical. That is something that people have said to me, and that has been impressed upon me actually.” Asked how she handles the issues inherent in working for a government department that attracts a high level of public interest, Ms Cus answers: “It’s something that I find really interesting. [Social Welfare] is something that everyone has an opinion on.” LT
PR ACTISING WELL A well known stress-buster Stress is consistently rated the number one problem that lawyers face. This was highlighted again just a few weeks ago when the British legal helpline LawCare reported that stress was overwhelmingly the main reason lawyers called. Stress was cited as the issue leading to their contact by 69% of callers. The next reported problem, at 13% – a massive 56% lower than stress – was depression. (These figures were quoted in The Gazette, journal of the Law Society of England and Wales, on 7 January.) Stress also topped the list in a United States article 10 Worst Things About A Career as a Lawyer (see http:// legalcareers.about.com/od/ legalcareerbasics/tp/10-WorstThings-About-A-Career-As-ALawyer.htm). In this article, Sally Kane, who is a lawyer, said that “deadlines, billing pressures, client demands, long hours, changing laws and other demands all combine to make the practice of law one of the most stressful jobs on the planet. “Throw in rising business pressures, evolving legal technologies and climbing law school debt, and it’s no wonder that lawyers are stressed.” Among the strategies to alleviate stress and to stress-proof yourself, the three that stand out are exercise, a healthy diet and sufficient sleep. Exercise provides a series of benefits, some of which have come to light only recently. Moderate exercise can help people cope with anxiety and stress for an extended period of time post-workout, according to a 2012 study by kinesiology researchers in the University of Maryland School of Public Health. This study was published in the journal Medicine and Science in Sports and Exercise in September. “We found that exercise helps to buffer the effects of emotional exposure,” explains J. Carson Smith, assistant professor in the Department of Kinesiology. “If you exercise, you’ll not only reduce your anxiety, but you’ll be
15
LAWTALK 811 / 1 FEBRUARY 2013
better able to maintain that reduced anxiety when confronted with emotional events.” One very well known effect of exercise is to normalise the hormones the body produces when under stress, hormones such as cortisol. The science can be found in a variety of places, such as a paper entitled the Effect of Muscular Exercise on the Plasma Level of Cortisol in Man by A Cornil, A De Coster, G Copinschi and J R M Franckson (see European Journal of Endocrinology, www.eje-online. org/content/48/1/163.abstract.) “Intense muscular exercise performed on a bicycle ergometer by untrained normal men is accompanied by a significant fall in the plasma cortisol level,” the abstract of the paper states. When you exercise, your body also releases chemicals called endorphins. These endorphins interact with the receptors in your brain that reduce your perception of pain. Endorphins also trigger a positive feeling in the body, similar to that of morphine. That feeling, known as a “runner’s high,” can be accompanied by a positive and energising outlook on life. “Many forms of exercise reduce stress directly,” Harvard Medical School says (www.health.harvard. edu/newsletters/Harvard_ Mens_Health_Watch/2011/ February/exercising-torelax?utm_source=mens&utm_ medium=pressrelease&utm_ campaign=mens0211). “Regular physical activity will lower your blood pressure, improve your cholesterol, and reduce your blood sugar. Exercise cuts the risk of heart attack, stroke, diabetes, colon and breast cancers, osteoporosis and fractures, obesity, depression, and even dementia. Exercise slows the aging process, increases energy, and prolongs life. “Except during illness, you should exercise nearly every day. “More is even better, but the first steps provide the most benefit. Aim to walk at least two miles (3.2km) a day, or
do the equivalent amount of another activity. You can do it all at once or in 10- to 15-minute chunks if that fits your schedule better. “Add a little strength training and stretching two to three times a week, and you’ll have an excellent, balanced programme for health and stress reduction. And if you need more help with stress, consider autoregulation exercises involving deep breathing or muscular relaxation.” In her article Exercise and Stress Relief: Using Exercise as a Stress Management Tool, psychology doctoral candidate Elizabeth Scott also talks about exercise being an “outlet for frustrations” (see http://stress.about. com/od/programsandpractices/a/ exercise.htm). “When life’s annoyances or frustrating situations build up, you can feel stressed or experience low-grade anger. More high-energy forms of exercise like boxing, martial arts or weight training can also provide an effective release of these negative emotions, turning these otherwise potentially unhealthy emotions into motivation for increased health and well-being,” Ms Scott writes. “Physical activity itself can take your mind off of your problems and either redirect it on the activity at hand or get you into a zen-like state.” Ms Scott also points out that exercise can help people develop resilience to stress. “That’s right,” she writes, “research suggests that physical activity may be linked to lower physiological reactivity toward stress. Simply put, those who get more exercise may become less affected by the stress they face. So, in addition to all the other benefits, exercise may supply some immunity toward future stress as well as a way to cope with current stress. “If that’s not a great reason to get more active, I don’t know what is!” LT The New Zealand Law Society and Lifeline Aotearoa have linked to provide counselling services for lawyers. To access Lifeline’s Face-to-Face and Skype counselling, lawyers can phone (09) 909 8750 or email face2face@lifeline.org. nz. (In LawTalk 810, 7 December p7, the incorrect contact details were provided.)
LAW REFORM REPORT Recent submissions The Law Society recently filed submissions on: •
Marriage (Definition of Marriage) Amendment Bill;
•
Safer Workplaces: Independent Taskforce on Workplace Health and Safety consultation;
•
Proposal to centralise filing of applications for grants of probate;
•
Resource Management (Restricted Duration of Certain Discharge and Coastal Permits) Amendment Bill;
•
Taxation of Specified Mineral Mining: Officials’ Issues Paper;
•
Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill; and
•
Local Electoral Amendment Bill (No. 2).
The Law Society recently addressed the following select committees: •
•
Local Government and Environment Committee on 15 November 2012, on the Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill; and Government and Administration Committee on 10 December 2012, on the Marriage (Definition of Marriage) Amendment Bill.
The submissions are available at www.lawsociety.org. nz/publications_and_ submissions/submissions.
16
LAWTALK 811 / 1 FEBRUARY 2013
Environment Canterbury election suspension breaches constitutional values Proposed legislation that would extend the suspension of local body elections in Canterbury until 2016 is not justified and is a disturbing breach of the rule of law, the New Zealand Law Society says. Legislation introduced and passed under urgency in 2010, without public consultation, suspended Environment Canterbury elections until 2013. The Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill proposes to continue the suspension of elections for a further three and a half years, to 2016. The convenor of the Law Society’s Rule of Law Committee, Austin Forbes QC, and committee member James Wilding, presented the Law Society’s submission to the Local Government and Environment Select Committee. Mr Forbes said the Government’s decision to suspend local body democracy in Canterbury for a total of six and a half years in total is unjustified.
Forbes said. Earlier this year ECan Chair Dame Margaret Bazley advised the Government that the commissioners recommended a return to democratic elections by 2013. Officials also recommended a transitional mixedgovernance body, made up of elected councillors and government-appointed members. “Democratic decisionmaking in local government is a very important and legitimate expectation of citizens. The proposed further suspension of local body democracy runs counter to core constitutional values, most importantly that of a free and democratic society,” Mr Forbes said. The Law Society believes that this issue is of real concern to the public, as well as lawyers, both in and beyond Canterbury, and says that the Bill should not proceed.
Complex technical issues in drafting of same-sex marriage bill The Law Society says there is a need to consider some technical drafting matters in the Bill which would legalise same-sex marriage.
“Only a clearly demonstrable or overwhelming reason might justify the suspension of the democratic right to vote within a region for a period of six and a half years. This time frame cannot be said to be ‘temporary’,” Mr Forbes said.
The head of the Law Society’s Law Reform Committee, Professor Paul Rishworth, presented the Law Society’s submission on the Marriage (Definition of Marriage) Amendment Bill to Parliament’s Government Administration Committee.
When introducing the Bill to the House, Canterbury Earthquake Recovery Minister Gerry Brownlee cited the need to provide the Canterbury region with stable and effective governance to assist the earthquake recovery.
If enacted, the Bill would introduce same-sex marriage. Professor Rishworth told the select committee that members of the Law Society hold a range of views on that matter and the Law Society neither opposes nor supports the changes to the definition of marriage.
“That explanation cannot be said to justify the Bill’s suspension of local democracy. Parliament has already enacted the Canterbury Earthquake Recovery Act 2011 to facilitate earthquake recovery, and that Act gives sweeping emergency powers to the Minister and to the Canterbury Earthquake Recovery Authority”, Mr
Instead, the Law Society submission is directed to a technical point of legislative drafting that Parliament needs to consider. The proposer of the Bill said that the Bill was not intended to compel marriage celebrants to perform
L AW REFORM REPORT marriages contrary to their religious beliefs. However, in the Law Society’s view it is arguable that marriage celebrants who refuse to perform samesex marriages will be acting unlawfully under the Human Rights Act 1993, the New Zealand Bill of Rights Act 1990, or both. “We want to highlight arguable conclusions which seem to be at odds with the settled intentions of the Bill’s drafters. Whatever the position, the Law Society believes it makes sense to put the matter beyond doubt,” Professor Rishworth said. The question which must then be considered is how wide any exemption would need to be. Professor Rishworth said the Marriage Act currently distinguishes between a “minister of religion” and other marriage celebrants. The select committee will have to consider whether any exemption applies to all marriage celebrants or just to ministers of religion.
Effectiveness of ACC workplace measures questioned Evidence of comparative work injury rate statistics in New Zealand, Australia, Canada, Norway and the
United Kingdom suggest that workplace health and safety programmes introduced by ACC in New Zealand over the last four decades have been ineffective, the New Zealand Law Society says. In a submission on the Independent Taskforce on Workplace Health and Safety’s Safer Workplaces Consultation Document, the Law Society questions the effectiveness of the experience rating policy introduced in April 2011. “There does not appear to be any evidence to support experience rating as effective in ensuring workplace safety. To the contrary, international evidence suggests otherwise,” the submission says. Considering what could be done to improve the workplace health and safety regulatory framework, the Law Society says it might be opportune for ACC to re-introduce rehabilitation officers. This would be consistent with the governing legislation which says ACC’s primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life with entitlements that restore a claimant’s health, independence and participation to the maximum practicable extent.
The ACC, “as a matter of practice”, should place less emphasis on getting injured people off the system and more on ensuring that they are properly rehabilitated as envisaged in the legislation and the original Woodhouse Report. The Law Society says it is also important that ACC uses medical assessors who are perceived to be unbiased. The focus must not be on removing injured persons from the scheme or reducing entitlements for the purpose of containing ACC’s costs.
Coming up The Law Society is currently preparing submissions on numerous bills and government discussion documents. Members are welcome to contribute comments to the Law Reform Committee, specialist committees and sections preparing the submissions. For a full list of upcoming submission deadlines and information about how to participate, visit http:// my.lawsociety.org.nz/law_ reform/work_in_progress. For more information on NZLS law reform activities, contact vicky. stanbridge@lawsociety.org.nz. LT
Changes to allocation of judicial settlement conferences The High Court recently undertook a review of how judicial settlement conferences are allocated to proceedings.
afford private mediation. Given the nature of the High Court jurisdiction, the latter would probably be an unusual case.
In large part, this review was undertaken because the volume of judicial settlement conference work was leaving inadequate time for associate judges to deal with core judicial (adjudicative) work. Following this review it has been decided that a judicial settlement conference will only be allocated where private mediation is, for some reason, inappropriate.
During consultation with the profession in relation to case management, it also became apparent that there was some confusion about the role of judicial settlement conferences in the High Court. Some view judicial settlement conferences as an opportunity to obtain a “rough and ready” judicial view on the merits of the proceeding. In a judicial settlement conference in the High Court, the judge will not express a view in the nature of an interim judgment or ruling on the case and will not be involved in caucusing. However, because the process is designed to enable the parties to self-evaluate their position, the parties can expect that the issues will be examined and each will have the opportunity of testing the other side’s
There are no rigid rules about when a judicial settlement conference will be allocated. The approach to requests for judicial settlement conferences will be that they are appropriate in cases unlikely to settle without judicial input, whether because of the nature of the issues, the intransigence of the parties (such as where a mediation has already failed) or because the parties cannot
17
LAWTALK 811 / 1 FEBRUARY 2013
position on an issue. Lawyers may be aware that under the new case management rules which come into effect 1 February 2013, there will be an opportunity to request an issues conference. In some cases an issues conference will be directed. Issues conferences are longer style case management conferences, the principal purpose of which is to identify and refine the issues, working both with counsel and the parties in this task. It is anticipated that at least in complex litigation, the issues conferences will largely displace the need for judicial settlement conferences. For more information about judicial settlement conferences in the High Court see www.courtsofnz. govt.nz/business/practicedirections/2012-Settlementconference-guidelinesProfession.pdf. LT
LE T TERS TO THE EDITOR
Probate centralisation I read for the first time in the LawPoints issue 152 that there is a proposal to centralise grants of administration, and the Law Society has made a submission on it. I continued to read, with absolute disbelief, that the New Zealand Law Society could support centralisation of Probate and the Grants of the Letters of Administration. I read with even further disbelief that the New Zealand Law Society could support the Wellington High Court as the appropriate place for such filing. I have been involved with probate application since the mid-1960s and continue to be so involved. Generally, I am involved with the lodging of grants in the Auckland High Court. I find the staff there extremely helpful. I am able to call at the High Court and discuss matters, and even have documents approved in advance.
to express my concern. Copies will also be forwarded to the Auckland District Law Society’s appropriate section. I would be delighted if this was also treated as a letter to the Editor of the appropriate New Zealand Law Society publication. I wonder how many other practitioners realise that the New Zealand Law Society is once again putting forward a proposal without any consultation or support from the profession. Dail Jones Consultant, Kumeu-Huapai Law Centre
Law Society’s response The Law Society responded to Mr Jones’s concerns in a letter of 4 December 2012. This letter noted that: •
The Law Society had publicised the ministry proposal and that the majority of comments from practitioners were in support of the proposal, although many sounded a note of caution. Consequently the NZLS submission supported the proposal in principle but noted several points of concern, and reserved further opinion until the ministry is able to provide more detail about the proposal.
•
The Law Society submission stated that centralisation should drive consistent standards and provide clarity as to the standard required, but did not favour the centralised location being Wellington. In fact, the submission recommended further thought be given to the location of the centralised unit.
•
In particular, the submission highlighted concerns in relation to several matters including availability of expertise, turnaround times and the loss of face-to-face contact with registry staff. The submission specifically recognised the service offered by the staff at the Auckland High Court and in particular in relation to the processing of urgent applications.
With respect, I can only believe that the press statement was issued by someone who has limited experience in these matters, and no experience with the Auckland High Court.
•
The Law Society anticipated the ministry would undertake further consultation once the detailed design of the proposal had been finalised.
Furthermore, it seems to me that the greatest number of applications are likely to be filed in the area from Tauranga and Hamilton up north, and a considerably smaller number of files south of this area.
(The full submission is available online at www.lawsociety. org.nz/__data/assets/pdf_file/0006/58317/l-MoJProbate-Centralisational-Proposal-191112.pdf).
Occasionally, I make a minor mistake in the documents and in most minor cases, an amendment is made for me by the staff itself, or a discretion is used. I have also had experience with the Wellington High Court, and can I say that it must be the last remnant of old-fashioned bureaucracy still in existence in New Zealand. In my experience, every hurdle is placed in front of an applicant for a Grant of Probate or Letters of Administration when they are lodged in the Wellington High Court. This is even to the extent of complaining about a margin being insignificantly smaller than it should be, according to the rules. I note that your Law Society favours the Wellington High Court as a place for the filing of all applications, because “it should drive consistent standards across all applications and provide clarity as to the standard required” (See the above paragraph).
I do not support centralisation at all, whether it is in the shape of a centralised Auckland Court for the regions, or in the shape of centralisation of probate applications and other associated applications generally. That is my first approach. If there is to be some centralisation, then I would abhor centralisation in the Wellington High Court, which I found totally unhelpful in its attitude. If the New Zealand Law Society, based in Wellington, likes the idea of documents being filed in Wellington on a centralised basis, then I suggest that all matters outside the Auckland region be filed in Wellington, and those of us in Auckland, who are delighted with the efficient, co-operative and consultative approach adopted in the Auckland High Court shall continue to deal with the Auckland High Court. You appear to have forgotten the needs of the most important people, the widow, widowers and others involved in estates. Do you know what it is like to communicate with the Justice Department today? There is enough trauma involved in estates without having to deal with a distant, faceless and, in my experience, an unhelpful Wellington official. I am forwarding a copy of this letter to the Minister of Justice
18
LAWTALK 811 / 1 FEBRUARY 2013
Developments since: •
On 12 December the ministry announced a number of changes to court services, including implementation of the proposal to centralise the filing and processing of all probate applications to the Wellington High Court.
•
The Law Society wrote to the Ministry on 20 December recording its concerns in relation to the consultation undertaken to date and the merits of the proposal, and encouraging the ministry to reconsider its decision to implement the proposal.
•
The ministry responded on 21 December, acknowledging that “the ministry may not have been as clear as it could have been on the process for final decisions on the probate centralisation proposal, and the timing thereof”, but that the ministry has “carefully considered the location of the centralised unit and considers that Wellington is the most appropriate location for capacity and capability reasons”. The ministry intends to proceed now with detailed design of the centralised unit, and has invited the Law Society to engage further on that.
(The correspondence is also available online at www. propertylawyers.org.nz/).
PROFESSIONAL DEVELOP MENT
New faculty for Litigation Skills sought NZLS CLE is seeking faculty for the 2013 residential Litigation Skills Programme, to be held at Lincoln University from 18-24 August. New to the NZLS CLE Litigation Skills Programme faculty last year, solicitor and Crown prosecutor Tim Mackenzie says he would encourage “one and all” to join the faculty.
appear before. “I really enjoyed being on faculty and found it very satisfying being able to hone in on specific advocacy points with the participant,” Mr Mackenzie says.
Being new and a touch younger than other faculty members, Mr Mackenzie says he was apprehensive upon entering the faculty.
If you are an experienced litigator and are interested in being considered as faculty for the programme, go to www. lawyerseducation.co.nz/shop/Advocacy+2013/ Litigation+Skills+2013.html to view the guidelines and fill out the application form.
“However, I soon realised that it was beneficial to the course to have a range of legal backgrounds, ages and experiences on the faculty, enabling a full spectrum of feedback to be covered.
Faculty are rostered for one half of the programme. New faculty must attend a faculty training day on Sunday 18 August. If accepted as a faculty member you will be allocated to either the first or second half of the week.
“This is useful not only to all faculty members, who can see and hear and learn from other members, but also to the participants as of course they will always be encountering different styles in the judicial bodies and fact finders they
If, before applying, you wish to discuss the course and your possible involvement in it, please contact Kelly Wright on kelly.wright@lawyerseducation.co.nz or phone (04) 463 2932. Applications close on 15 March at 5pm. LT
The ‘preferred approach’ to trusts The Law Commission has released a “preferred approach” paper in its review of the law of trusts. The paper outlines the commission’s proposed package of reforms across the range of topics covered in the previous five issues papers in this review. It seeks submissions on the effectiveness and workability of these proposals. The “preferred approach” paper aims to present sensible practical proposals, focusing on private express trusts. The intention of the proposals is to modernise and clarify core trust law and provide a more useful trusts statute. The preferred approach would facilitate the fair use of trusts, and is designed to be appropriate for the New Zealand context, but generally consistent with international trusts law. The commission is proposing that the Trustee Act 1956 should be replaced with a new Trusts Act. While the proposed new act would not be a complete codification of trust law, it would cover some existing case law principles in order to provide greater clarity and accessibility to this law.
• reviewing the exercise of trustee discretion. It also examines: • the jurisdiction of the courts in trust matters; • the use of alternative dispute resolution in trust matters; • the rule against perpetuities and the remoteness of vesting; and • the interaction of trusts and other policy areas, including relationship property. The commission invites submissions on the paper by 22 February 2013. Review of the Law of Trusts: Preferred Approach (NZLC IP31, November 2012), along with the five previous papers in the review, is available from the Law Commission’s website, www.lawcom.govt.nz. The commission will release its final report and recommendations on this stage of the review of the law of trusts later in 2013. LT
The preferred approach would make clear the mandatory elements that must be present in every trust. The proposals give sufficient clarity and direction for administrative processes and resolving straightforward issues so that there is less need for the involvement of the courts. The paper addresses these core issues relating to trusts and trustee: • definition of a trust, trustees’ duties and exemption clauses; • the provision of information to beneficiaries; • trustees’ powers, including investment powers; • appointing and removing trustees; • the liability of directors of corporate trustees; • the revocation and variation of trusts; and
19
LAWTALK 811 / 1 FEBRUARY 2013
nzls lawyers website • keep up-to-date with local and regional news and events • have your say on law reform • find information and resources for practising law http://my.lawsociety.org.nz www.facebook.com/mylawsociety https://twitter.com/mylawsociety
EFFECTIVE PRACTICE Improved housing market adds $20m to conveyancing fees
estates and family law. All lawyers are asked to provide information on the areas in which they practise and the proportion of time they spend on each area. One use for this information is to assist with searches on the popular “Find A Lawyer” section of the Law Society’s website, but it is not mandatory to specify areas of practice.
Information released by the Real Estate Institute of New Zealand (REINZ) last month showed that 2012 was the best year since 2007 for residential dwelling sales. The 74,000 sales in 2012 were up 20.8% on 2011, and the best since preGFC 2007 (when there were 92,101 sales).
About two-thirds of lawyers provide information on practice areas and this has been used as a sample for all lawyers (giving a margin of error of 0.72%).
The impact of the slump on conveyancing practices is shown if an estimated net fee of $800 per party is used. That would make the 2012 value of residential conveyancing $118.4 million – or $20 million more than in 2011. Putting things in perspective, however, residential conveyancing was worth over $147.4 million in 2007 – meaning there has probably been a dramatic reduction in one of the bread and butter staples of New Zealand legal practice.
Company and commercial law is still the leader when lawyers spending over half their time in one field are considered. Around 13.3% of New Zealand lawyers appear to specialise in company and commercial law. While it is the top area of speciality for both men (14.3% of all men) and women (11.7%), the picture changes with the next field. Family law is next most important for women (11.3% of all women), but property law (11.7% of all men) is next for men.
Company and commercial law most practised
Of the lawyers who provided information, 73% indicated that they spent over half of their time practising one area of law. The information shows that lawyers who practise some criminal law are most likely to specialise, with 31.4% of lawyers who do some criminal law work spending over half their time practising it.
While conveyancing and property law work are important, Law Society figures show that more New Zealand lawyers spend some time practising company and commercial law than any other area of law. In January 2013, 48.2% of lawyers practised company and commercial law at least some of the time. Property law was next-most practised, followed by civil litigation, trusts and
The data available allows production of the following table on the top 10 areas of legal practice in New Zealand:
Areas of law by proportion of lawyers practising Area
Some time practising
Specialising
Proportion of specialists
Average years in practice of specialists
Company and commercial
48.2%
13.3%
27.6%
21.2
Property
39.2%
10.8%
27.5%
25.0
Civil litigation
36.0%
10.1%
28.2%
21.2
Trusts and estates
32.8%
2.6%
8.1%
23.4
Family
26.8%
6.6%
24.7%
21.1
Employment
25.7%
3.5%
13.5%
17.9
Criminal
19.5%
6.1%
31.4%
20.5
Admin/Public
17.4%
2.4%
14.0%
19.1
Intellectual property
15.7%
2.2%
14.2%
19.7
Resource management
13.5%
2.8%
21.1%
18.9
What the table doesn’t show is that immigration law specialists had been in practice for an average of 13.5 years: the lowest average number of years for a specialist in any field. Lawyers who specialise in Treaty of Waitangi/Maori law (16.5 years) and privacy law (16.6 years) have also been practising for a relatively short average time. Lawyers who specialise in property law have been in practice for the longest average span – 25 years – followed by arbitration (23.8 years) and mediation specialists (23.6 years).
20
LAWTALK 811 / 1 FEBRUARY 2013
Go to Feilding young woman … Accumulated wisdom, familiarity with developments, contacts, knowledge of what to do in a crisis – these are just a few of the benefits of experience. Law Society information shows that the average New Zealand-based lawyer has been in practice for 18 years: enough time to generate a good amount of knowledge and expertise. The median (ie, the lawyer right in the middle) is 16 years in practice.
EFFECTIVE PR ACTICE New Zealanders consulting lawyers are drawing on a total of 206,088 years of experience. Interestingly, sole practitioners have spent an average of 29.3 years in practice, partners and directors 25.3 years, barristers 23.9 years, in-house lawyers 14.9 years and employed lawyers 10.4 years. The changing make-up of our legal profession is shown when time in legal practice is calculated by gender. At present 55.0% of New Zealand-based lawyers are male, and the average male lawyer has been in practice for 22.2 years. The average female lawyer has been in practice for 12.9 years. A total of 2,283 lawyers (20.0% of all lawyers) have been in practice for five years or less. Of these, 60.2% are female. At the other end of the spectrum, New Zealand has 124 practising lawyers who were admitted to the bar over 50 years ago. All but one of these is male.
Locations with lowest average time in practice (at least 10 lawyers) Lawyers
Average years in practice
Median (years)
Orewa
15
14.9
10
Hamilton
432
16.1
13
2,257
16.3
14
28
16.5
13
Location
Wellington Rangiora Whakatane
35
16.6
13
Auckland
4,912
17.2
14
Rotorua
126
18.2
15
New Plymouth
114
18.2
16
Cambridge
28
18.3
16
Invercargill
115
18.5
15
Lawyers
Average years in practice
Median (years)
Feilding
10
31.3
36
16
28.7
28
15
26.9
30
Wanganui
48
25.5
24
Masterton
25
25.2
25
Respondents believed the following were the three most important changes that law firms could make to working practices to encourage more women to reach senior levels: (1) adopt more flexible working practices; (2) change performance metrics to allow for fewer hours in the office; (3) broaden performance metrics to include less visible activities, including recruiting and mentoring.
New Zealand practice management software targets US market New Zealand practice management software provider ActionStep is very happy with a review it has received in the American practice management technology newsletter Technolawyer.
The December 2012 Technolawyer review, by legal technology consultant Seth Rowland, could be described as very positive.
Location
Wanaka
International research carried out by LexisNexis for the Law Society of England and Wales found that 86% of the 1,144 practising lawyers who responded believed that flexible working practices and culture are critical to women keeping careers on track and achieving senior roles.
ActionStep is now well established in New Zealand with its cloud-based software and is working to establish itself in the huge United States market. At the same time the company is at pains to stress its commitment to New Zealand.
Locations with highest average time in practice (at least 10 lawyers)
Matamata
Senior law firm positions and flexibility
“I thought I had seen it all until I saw ActionStep,” the review said. “By contrast [with conventional practice management systems] ActionStep starts with defining the work lawyers and staff actually perform. Workflow is ActionStep’s killer feature … It gets top marks for handling of workflow and task management.”
Deceased oil dealer scam re-appears
Oamaru
15
23.7
25
New Zealand lawyers have been receiving emails purporting to come from a (genuine) English solicitor. It turns out that the solicitor is hunting for heirs to a fortune left by an oil dealer. The oil dealer’s last name is the same as the New Zealand lawyer who receives the email. What a great opportunity to make some money – and the English lawyer has documents “that would confer you legal rights”.
Warkworth
20
23.7
18
Delete it. LT
Levin
16
23.7
19
Greymouth
11
24.9
24
Alexandra
15
24.8
27
16+17 MAY 2013 NAPIER WAR MEMORIAL CONFERENCE CENTRE
21
LAWTALK 811 / 1 FEBRUARY 2013
THE BOOKSHELF
th edition covers policy over the last five years. The book going discussions in this field of
ealand, 4th edition, considers family e definitions of ‘family’, through to and judicial outcomes. The leading New Zealand have again provided essays, suitable for use in policy,
s currently the Dean of the Faculty . Along with his work in the field significant contribution to human d. He has written several works on r of the Family Law Service, Family member of the editorial board of w Journal.
s at the Faculty of Law, Victoria s research in family law also ionship property. He is also widely t and medical law. Bill is an author operty, and along with Mark is an ervice, Family Law in New Zealand ial board of the New Zealand lso the General Editor of the mily Law.
FAMILY LAW POLICY IN NEW ZEALAND, 4TH EDITION
Family Law Policy in New Zealand
Henaghan • Bill Atkin (editors)
4TH EDITION • Mark Henaghan • Bill Atkin (editors)
cy in New Zealand
Family Law Policy in New Zealand
4TH EDITION Mark Henaghan Bill Atkin (editors)
Family Law Legislation,
d)
Edited by Mark Henaghan and Bill Atkin
Caldwell Family Law in
Personal Property Securities Act, 3rd edition is a practically focused practitioner text, devoted to an analysis of the PPSA. In adopting an emphasis on the conceptual overview of the Act, the book focuses on providing an understanding of the PPSA that can be applied to real world situations as practitioners encounter them in practice. Ten years will have elapsed since the revised edition of Personal Property Securities Act: A Conceptual Approach was published. The third edition includes commentary and references to salient New Zealand case law, in addition to commentary and references to relevant Canadian case law that has arisen since 2002. Reference to equivalent Australian legislation is also included for comparative purposes and to the extent it contributes to the discussion on issues arising in New Zealand.
About the Author
Linda Widdup is a member of the Saskatchewan Bar in Canada and practised law there for three years prior to moving to Russell McVeagh in New Zealand. In Canada, Linda acted for large and small financial institutions as well as other credit providers and specialised in personal property securities law with a specific emphasis on the Personal Property Security Act. Her practice primarily consisted of drafting security documentation and providing opinions with respect to security interests in all types of personal property. Linda also assisted with providing PPSA seminars to clients and law students. Linda then worked exclusively on PPSA matters in the Auckland office of Russell McVeagh and utilised her experience with the Saskatchewan PPSA, on which the New Zealand PPSA is based, in developing precedents, providing seminars to clients, providing PPSA training to other lawyers, and specifically focusing on how the (then new) PPSA would affect the practice of law in New Zealand. After returning to her Canadian practice for several years, Linda is now a consultant at Ashurst Australia and lecturer of law at Curtin Law School in Perth, Australia. She works, teaches and researches in the Banking and Finance and Commercial Law areas and ‘enjoys the challenge of turning complex legal issues into clear and practical advice for [her] clients’.
customer.service@lexisnexis.co.nz www.lexisnexis.co.nz
Personal and Corporate Insolvency Legislation
Thomas G W Telfer (BA, Jd, LLM, SJd) is an Associate Professor at Western University, Faculty of Law in London, ontario. He is a member of the Law Society of Upper Canada.
2nD EDition • David Brown & Tom Telfer
concepts and key changes in the 2006 amendments, and explains the subsequent additions to the legal landscape. Some of the changes examined include the 2010 alterations to the Insolvency Act relating to no asset procedure in addition to a number of other minor amendments. Further, the title examines and explains important case law in the area of corporate insolvency (the voluntary administration procedure) and crossborder insolvency.
d
cy
3RD EDITION
Linda Widdup
• Fenton, Garrow and Fenton’s Law of Personal Property in New Zealand, 7th ed
porate ation
s
Personal Property Securities Act: A Conceptual Approach
Related LexisNexis Title
Brown & Tom Telfer
d
Personal Property Securities Act: A Conceptual Approach
Personal Property Securities Act: A Conceptual Approach 3RD EDITION • Linda Widdup
3RD EDITION • Linda Widdup
The last edition was published in 2007. The book’s objective is to clarify the policy behind developing areas of family law. The editors say it is not a black letter text, but a critical account of the goals and purposes family law is currently pursuing. As well as the editors, contributions are included from Pauline Tapp, Nicola Taylor and Jacinta Ruru. (LexisNexis NZ Ltd, January 2013, 978-1-927149-55-3, 423 pages, paperback, $149.50 (GST incl, p&h excl)).
and published as the second part. The legislation included is the Insolvency Act 2006, Companies Act 1993 (excerpts), Receiverships Act 1993 and Insolvency (Cross-border) Act 2006. (LexisNexis NZ Ltd, January 2013, 9781-927149-44-7, 546 pages, paperback, $149.50 (GST incl, p&h excl)).
Personal and Corporate
David Brown
Insolvency Legislation
& Tom Telfer
2nd Edition
nd Materials on 2007
: Misleading or
d Acts: Annotated 2010, 2011 ed.
PERSONAL AND CORPORATE INSOLVENCY LEGISLATION, 2ND EDITION
PERSONAL PROPERTY SECURITIES ACT: A CONCEPTUAL APPROACH, 3RD EDITION By Linda Widdup
The last edition was published in 2000. The author’s aim is to give a conceptual overview of the PPSA and from this to provide a practical guide to the Act and how it applies to situations encountered in legal practice. (LexisNexis NZ Ltd, January 2013, 978-1-927183-28-1, 437 pages, paperback, $149.50 (GST incl, p&h excl)).
By David Brown and Tom Telfer
This covers developments since publication of the first edition in 2007. The book is in two parts, with the first part being a guide and commentary on the legislation, which is consolidated
and rules of New Zealand’s criminal law, both in general part and for specific offences of the Crimes Act 1961. The third edition was published in 2007. (Brookers Ltd, December 2012, 978-0-864727-72-5, 848 pages, paperback, $140 (GST excl, p&h excl)).
PRINCIPLES OF CRIMINAL LAW, 4TH EDITION By AP Simester and WJ Brookbanks Professors Simester and Brookbanks outline the doctrines
THE CONSTRUCTION OF COMMERCIAL CONTRACTS By JW Carter Professor Carter of the University of Sydney presents a principled approach to the law applied in the construction of commercial contracts. The approach provides insights into the practical problems faced by lawyers, particularly in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. (Hart Publishing, January 2013, 978-1849463-42-3, 692 pages, hardback, £125).
Is there a book you would like to see reviewed? Write to: geoff.adlam@lawsociety.org.nz
Queen's Counsel applications open Attorney-General Christopher Finlayson has announced that an appointment round for Queen’s Counsel will take place this year. Applications open on 1 February and should be sent (using the application form) to the Solicitor‑General no later than 1 March. Changes to the Lawyers and Conveyancers 2006 have reinstated the rank of QC or KC and restricted eligibility to lawyers practising independently as barristers sole. Appointments are made by the Governor-General on the recommendation of the Attorney-General and with the
22
LAWTALK 811 / 1 FEBRUARY 2013
concurrence of the Chief Justice. The Governor-General retains the discretion to appoint Queen’s Counsel in recognition of their extraordinary contributions to the law in fields other than advocacy. The Chief Justice and the Attorney-General have issued Guidelines for Candidates. The guidelines (and an application form) are available at www.crownlaw.govt.nz and set out the criteria for appointment and other information about the appointment process. The regulations set a fee of $500 for applicants, reflecting the costs of the appointment process. LT
CLIENT'S VIEWPOINT Older client perspective The number of New Zealanders over the age of 65 is rapidly increasing. Statistics New Zealand projects there will be over 750,000 in New Zealand by 2021, making up 16% of the population. Rachael Breckon looks at the unique legal needs of this growing client base. Older clients cover a wide age demographic ranging from the pioneers of the hippy movement, who are now at retirement age (David Bowie is 66 and Bob Dylan is 71), through to their parents, who are currently in their eighties, nineties and occasionally their second century. “Don’t make assumptions,” says Dorothy Stewart, who represents older people through Age Concern Tauranga, Tauranga Community Health Liaison Group, the U3A and the Tauranga Branch of the National Council of Women. “When you see someone old and frail, you may not know what they were or what positions they may have held in their earlier years. Do not take the fact they are aged to mean they are disabled. “Although a person may appear frail, the same person can be very mentally alert, while a person with dementia may sometimes not show any signs of confusion or memory loss.” Lawyers should also consider that older widows, who represent four-fifths of women over 85 years old, could be approaching a lawyer for the first time. Older person advocate Denise Whitehead says that when dealing with people over 80, the majority are women, and they have often lived fairly “sheltered” lives, where their husbands made the decisions, paid the accounts, were the sole income earner, and did most of the driving. “Lawyers need to look at their clients as a whole identity, not just from a [legal] aspect. Many younger (retired) couples
23
LAWTALK 811 / 1 FEBRUARY 2013
have had time or other concerns/ requirements to build up a relationship with their lawyer or solicitor,” Mrs Whitehead says.
A support person and note-taking should also be encouraged. Older clients may become confused or have an unreliable memory.
“But often in the case of the older widowed senior, she has no knowledge of any solicitor’s practice and often goes with one that has been recommended to her by a friend or neighbour. Many of these older people take the solicitor’s word as ‘gospel’.”
Mrs Stewart says lawyers should be aware of office noise and the ability for older clients to hear and process information.
Mrs Whitehead uses the example of retirement villages to illustrate the importance of considering the big picture when older persons seek advice. “Under present documents, any intending resident must have a lawyer sign that he or she has discussed the retirement village documents with the client,” she says. “The lawyer carries out his side of the obligation, but he may well recommend a different village option. This is fine, as from the intending resident’s viewpoint they must check out as many [options] as possible,” Mrs Whitehead says. “The recommendation may well have been because that village is larger, owned by an operator familiar to the lawyer, have documents that the lawyer has read and understood previously, [it is] a better financial proposition (in the lawyer’s opinion).” But lawyers can overlook things that may impact the best interests of the client’s “health and general well-being” like proximity to family, friends, church, shops and doctors, she says. Mrs Stewart recommends lawyers suggest their older clients prepare for their appointments. This could involve the older client writing down questions beforehand, and the lawyer recommending the older client reads relevant resources. “When you get in you start to absorb information. You can forget the questions, sometimes, until it’s too late,” she says.
“Speak slowly. A lot of young people speak too quickly, I find. If people are wearing hearing aids, any other noise that is going on at the same time interferes with what they are hearing. If there is other noise going on in an office, they won’t always hear you,” she says. “It is really important when people are asking for information that you come back to them and say: ‘What have I told you? Do you understand?’ I think that people don’t like to admit they don’t understand.”
Practical considerations •
Use the word older rather than elderly when referring to people in the over 65 age bracket.
•
Don’t address older clients by their first name unless invited to use it.
•
Speak slowly and clearly and test the older client can actually hear you.
•
Consider background noises and the impact on hearing aids.
•
Be clear on costs.
•
Encourage note taking and a support person (where there is no conflict of interest).
•
Apply expertise: ask older clients what their goals are rather than simply act on instruction.
•
Look for signs of elder abuse (more information is available on the Age Concern website www. ageconcern.org.nz/safety/ elder-abuse). LT
BRANCH NEWS
The file store room.
C A N T ER BURY- W ES T L A ND
Christchurch office revisited The Canterbury-Westland branch has re-entered its earthquake damaged Christchurch city office and faced some of the contents that were left behind. Symbolic of the extent the building has been left untouched is a sealed refrigerator, which has become the tomb of a crayfish that has been there since the morning of 22 February 2011. Branch manager Malcolm Ellis says the building is the last one standing on the block, but it will come down eventually with a heap of stuff to go to the dump (including the aforementioned fridge). There is still no power, which has hampered access, and the branch has been reluctant to make large-scale visits because of the danger of after-shocks, Mr Ellis says.
Shaved lid for brave kid Allister Davis, immediate past President of the Canterbury-Westland branch, shaved his lid and raised $3,845 (just short of his $4,000 goal)
24
LAWTALK 811 / 1 FEBRUARY 2013
The fridge containing a crayfish that has now been dead for two years.
for a brave kid in December last year. Mr Davis shaved his head at The New Summer Pallet Pavilion as part of the Child Cancer Foundation’s “funrazor” event. All the money raised goes to the foundation to help children and their families on the child cancer journey. On average, more than three children a week in New Zealand are diagnosed with cancer. Each year New Zealand children with cancer collectively undergo an astounding 100,000 treatments and procedures throughout their journey. For each one, they receive a Bead of Courage. The Child Cancer Foundation is committed to supporting children with cancer and their families from the time of diagnosis, throughout their journey of treatments and subsequently the transition back into the community. “By shaving my lid for a brave kid, I’m helping raise the $3 million required each year for child and family support services,” Mr Davis says. “I’m passionate about the cause and willing to lose my locks and good looks to prove it.” It’s not too late to sponsor Mr Davis and help him reach his target. To do so go to www.fundraiseonline.co.nz/ AllisterJohnDavis/.
Smashed glasses in a boardroom cabinet.
W EL L IN G TO N
Anyone for tennis? The Wellington and Wairarapa legal practitioners’ tennis will be held at John and Rachel Monk’s property at 49 Loop Line, Opaki, Masterton on Friday 22 February. The date is, however, weather dependent and the reserve day is 1 March. The event begins with light lunch and draw for play at noon. Play begins at 1pm. The finals, trophy and plate (and drinks) will be at 5pm, followed by a barbeque and prizegiving at 5:30pm. The entry fee is $40 per player and $20 per non-player. Tennis balls, prizes, catering, light refreshments, wines and ales are provided in the price. Please confirm your entry by using the on-line booking system at https:// bookwhen.com/wellingtonbranch by 5pm on 20 February.
Cricket trophy The Bell Gully Trophy is scheduled to be contested by Wellington lawyers this month. The trophy is awarded to the winner of
BR ANCH NEWS a cricket match between a Law Society Wellington branch team and Bell Gully. A tentative date for the match has been set – 21 February. The Wellington branch is calling for people interested in playing to contact them at wellington@lawsociety.org.nz. The Wellington branch captain is John Porter, a partner of Sievwrights Law.
A U CK L A ND
Christmas functions Auckland lawyers celebrated the end of the 2012 working year with a variety of functions.
Charlotte, Alastair, Karol and Victoria Hadlow at the Auckland Branch Christmas function.
The Auckland Young Lawyers Christmas party attracted 150 attendees who not only networked at the Meredith Connell roof top garden on 6 December, but also raised over $1,000 in cash and food donations for the Auckland City Mission. Auckland City Mission Fundraiser Liam Willis spoke to the attendees about poverty in the country’s largest city and the opportunity young lawyers have to make a difference. The Auckland branch Christmas cocktail party at The Northern Club attracted 200 attendees on 13 December. Law Society executive and council members attended the event which celebrated the Law Society’s achievements during 2012. Law Society President-elect Chris Moore gave a speech, and special thanks to all the lawyers who have volunteered on Standard Committees and the
Maria Cole, Lex Henry, Chris Moore and Helen Gilbert at the Auckland Branch Christmas function.
Law Society Auckland Library service. Christmas carol singing was a feature of the evening. Auckland lawyers, family and friends also had an opportunity for some preChristmas bargains at a shopping night at The Department Store on 17 December. Over 80 people turned up to indulge in some well-earned retail therapy and Christmas shopping, with a 15% discount off all store goods on the night. In addition, everyone enjoyed a complimentary glass of champagne or wine, and food and a goody bag.
How healthy is your practice? The Auckland branch has announced Dr Tom Mulholland will be the first speaker in the 2013 Professional Services “Wellness Series” in an interactive session on How healthy is your practice?
Dr Tom Mulholland
25
LAWTALK 811 / 1 FEBRUARY 2013
Dr Mulholland is an emergency department physician with 22 years’ clinical practice, a TV and radio talk show host, an author and chief executive coach. He also holds an honorary lectureship in psychological medicine from Auckland Medical School.
He will give attendees insights into the productivity costs that ill health has on you and your firm and tips on how to: stay out of the emergency department; prevent early death; reduce burn out and stress; become more emotionally fit; shift attitudes and change minds. This interactive session will give Auckland lawyers a chance to debate important health issues that affect them, their families and their teams. Dr Mulholland has given over 500 presentations globally on emotional fitness. Previous clients he has helped with health and productivity in the workplace include Google, Microsoft and Hewlett Packard. The seminar will be held at 6:30pm on 13 February at the Auckland branch office. It will cost $25 per person. Please contact http://bookwhen.com/nzlsauckland to RSVP or for more information. LT
UPCOMING PROGRAMMES Programme
Presenters
Content
New High Court Case Management Regime
Chief High Court Judge Winkelmann Justice Asher Justice Fogarty Justice Miller
This seminar is a must for anyone appearing in High Court civil fixtures. The High Court Amendment Rules are due to commence in February 2013. The amendments will bring fundamental changes to the management of civil cases in the High Court. This seminar is aimed at equipping you with the information you need to know to operate effectively in this new environment.
Where
When
Dunedin Hamilton Auckland Wellington Christchurch
7 Feb 25 Feb 26 Feb 27 Feb 28 Feb
CIVIL
Webinar for smaller centres. Equitable Remedies
Dr Andrew Butler Jessica Palmer
Webinar
This seminar provides a useful review of the concepts and explains recent developments. The focus will primarily be on equitable remedies but the seminar will start with a discussion of important equitable duties that give rise to such remedies. It will also cover some common equitable defences. Webinar for smaller centres.
18 Mar
Dunedin Christchurch Wellington Auckland
8 Apr 9 Apr 18 Apr 19 Apr
Webinar
18 Apr
COMMERICAL/COMPANY Takeovers Code – an overview
Margaret Bearsley
Margaret Bearsley, the Chief Executive of the Takeovers Panel, will provide a high level overview of the Code and will focus on corporate transactions and shareholder action or inaction that can raise Code issues. Your attendance will enable you to recognise situations that may mean the Takeovers Code needs to be factored into your advice to clients.
Webinar
19 Mar
Criminal Law Symposium
Chair: The Hon Justice Robert Chambers
The 2013 symposium provides a forum for judges, senior lawyers, administrators Wellington and academics to share ideas, challenge perspectives and seek a better regime for delivering justice in this important area. An update on the Evidence Act/Criminal Law; therapeutic judgments, criminalising civil wrongs and civil action and the popular criminal law practice session make for a stimulating day – a must for all those who practise or are interested in criminal law.
22 Feb
Introduction to Criminal Law Practice
Noel Sainsbury
This practical two-day workshop will cover the fundamentals of being an effective criminal lawyer. You will gain essential skills to enable you to advise your clients about the range of available law-based resolutions which may apply to them and then learn how to put those skills into practice. This workshop is important for all practitioners wanting to be appointed to level one of the Criminal Legal Aid list, and those recently appointed to level one.
CRIMINAL
Wellington Auckland
18-19 Apr 22-23 Apr
Duty Solicitor Training Programme
Centre
Intro
Asssessment
Practice Court
Duty solicitors are critical to the smooth running of a District Court list. Here is a way to gain more of the knowledge and skills you need to join this important group. You will: • complete pre-course reading on the key tasks of a duty solicitor • learn about penalties, tariffs and sentencing options • observe experienced duty solicitors (5 x ½ days) • develop your advising skills by working through a series of realistic scenarios • sit an open book examination • practise and improve your advocacy skills • make critiqued appearances as a duty solicitor at a practice court • be observed and assessed while appearing as a duty solicitor (a full day)
Christchurch Timaru Wellington Nelson Auckland Gisborne Hamilton Tauranga Rotorua Dunedin Invercargill Wellington Whanganui Hawkes Bay New Plymouth Palmerston North Manukau Whangarei
8 March 1 March 22 March 22 March 12 April 12 April 19 July 19 July 19 July (noon) 2 August 2 August 16 August 9 August 16 August 16 August 16 August 13 September 13 September
5 April 5 April (in Chch) 3 May 3 May (in Wgtn) 24 May 24 May (in Akd) 23 August 23 August (in Ham) 23 August (in Ham) 6 September 6 September (in Dun) 27 September 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 18 October 18 October (in Mnku)
6 April 6 April (in Chch) 4 May 4 May (in Wgtn) 25 May 25 May (in Akd) 24 August 24 August (in Ham) 24 August (in Ham) 7 September 7 September (in Dun) 28 September 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 19 October 19 October (in Mnku)
EMPLOYMENT Disiplinary processes – the thorny issues
Geoff Davenport Shan Wilson
It is easy for employer clients to get the disciplinary process wrong. Attend this webinar to be sure that you are up-to-date with the more complex issues with the process and the strategies employed to deal with them.
Webinar
28 Feb
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.
Online registration and payment can be made at www.lawyerseducation.co.nz
Programme
Presenters
Content
Where
When
FAMILY Chair: The PRA in the GFC – uncertainty Margaret Casey in uncertain times
As with the very successful 2010 “Big Day Out” intensive, 2013 will offer a programme for Auckland senior and experienced practitioners that will be intellectually challenging and informative. Wellington It will focus on how legal advice in the sphere of family law has been affected by the Global Financial Crisis and provide a relevant and stimulating day out of the office.
20 Feb 22 Feb
Mediation for Lawyers - Part B Family Law
For those with recently approved prior mediation training, including our Part A course. Wellington This programme will give an opportunity to practise mediation skills in the family law area Auckland and then to be assessed on them. Strictly limited numbers with pre-course work required. Webinar
1-3 Mar 12-14 Apr
Virginia Goldblatt Denise Evans
PROPERTY
The PRA in the GFC – uncertainty in uncertain times
see listing under Family
GENERAL Triple Your Memory and Confidence, and Halve Your Stress
Jonathan Robinson For success in today’s world, you have to learn faster, feel confident working in difficult Auckland situations, and overcome stress efficiently and effectively. Join Jonathan Robinson, Wellington psychotherapist, author and highly regarded public speaker, to learn these skills in a Christchurch single, fast paced and fun day. A previous participant commented, “This class may be the turning point for making major changes in my career. Excellent!”
11 Feb 14 Feb 15 Feb
Ethics – Framing Costs & Managing Client Expectations
Duncan Webb
Managing the presentation of costs information is key to maintaining a good relationship with your client. Duncan Web will discuss approaches you can benefit from, and pitfalls you need to be aware of, to effectively manage the costs information process so that there are no nasty surprises for clients at the end of the case.
4 Mar
Trust Account Administrator
Mark Anderson John Hicks Davd Littlefair
How do you keep a trust account in good order? This training is for new trust accounting staff, Wellington legal executives, legal secretaries and office managers. Auckland 1 Whanganui NB: Numbers are limited so be sure to register early. Auckland 2 Napier Hamilton Tauranga Christchurch Dunedin
5 Mar 6 Mar 7 Mar 11 Mar 12 Mar 13 Mar 14 Mar 21 Mar 10 Apr
Dealing with Difficult People
Simon D’Arcy
Some people in the legal arena can be hard to work with – solicitors on the other side of Christchurch a matter, clients, witnesses, opposing parties, senior partners, judges or your own staff. Wellington People working in the law get challenged by difficult behaviours daily. The workshop will Auckland enable you to, improve communications with everyone you deal with and reduce your stress in difficult communications.
11 Mar 12 Mar 14 Mar
Stepping Up foundation for practising on own account
Director: John Mackintosh
All lawyers wishing to practise on their own account whether alone, in partnership, in an Auckland incorporated practice or as a barrister, will be required to complete this course. (Note: From Christchurch 1 October 2012 all lawyers applying to be barristers sole are required to complete Stepping Up). Developed with the support of the New Zealand Law Foundation.
14-16 Mar 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 Auckland profitability and effective leverage. To achieve this, partners must make a shift from the Christchurch all-consuming role of “producer” and take on the leadership and management of others. Wellington The workshop will give you practical skills required to motivate staff and to achieve high performing leveraged teams.
19 Mar 15 Apr 17 Apr
How to Double your Productivity and Work Satisfaction
Frank Sanitate
What would it take for you to look forward to going to work every day? Come to this workshop Christchurch to learn the answers such as: what is and isn’t in your ability to control; how to control your Wellington productivity, time and enjoyment; and how to create an organisation where everyone looks Auckland forward to coming to work every day.
5 Apr 8 Apr 10 Apr
Conflicts; governance and professionalism
Justice Terence Arnold Jack Hodder QC Nicola White
In New Zealand, the chance sitting on multiple boards increases the prospect of conflict of Christchurch interest issues. Traditional concepts of conflict of interest increasingly confront contemporary Wellington principles of full consultation with all interest groups. Many decision-making processes lack Auckland strategies for being visible to the public. These and other conflict of interest issues will be Webinar discussed. Webinar for smaller centres.
9 Apr 10 Apr 11 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 Auckland 1 the assessment day and pass all assessments. Make sure you register in time to do the Hamilton Wellington preparatory work before the assessment day as listed on the right. Auckland 2 Christchurch
10 Apr 10 Jul 18 Sep 20 Nov 27 Nov
Webinar
10 Apr
Programme brochures, online registration and booklet purchases (with cheque, direct credit and credit card payment options) available at www.lawyerseducation.co.nz
OVERSEAS New IBA President Michael J Reynolds is the new President of the International Bar Association (IBA). He succeeds Akira Kawamura of Anderson Mori & Tomotsune in Tokyo, Japan, who held the position from January 2011. Mr Reynolds is a partner of Allen & Overy and is based in the Brussels and Washington DC offices of the firm. Michael J Reynolds “During my presidency I shall be focusing particularly on the impact of climate change on all of us, but especially on the disadvantaged,” Mr Reynolds says.
He is determined to bolster work being done in the context of the new climate agreement to which the international community has pledged commitment to attain defined goals by 2015. In addition, Mr Reynolds has stated that he will use his time in office to continue strengthening IBA engagement with legal professionals across the globe. “Cross-border transformations have perhaps been seen at their most radical in new technologies and social media. An IBA task force will explore the impact and potential of these for justice and the practice of law. “Our commercial emphasis thus works in harmony with our wider mission on the rule of law, without which commerce cannot function, or is diminished, and without which all individuals are dishonoured,” he says. Mr Reynolds’ term as IBA President will conclude on 31 December 2014.
Vision for Australia The Law Council of Australia’s new President is Clayton Utz partner Joseph Catanzariti. A past President of the Law Society of New South Wales, he will preside over the Law Council during its 80th anniversary year. Mr Catanzariti identified five key priorities for the Law Council in 2013 including access to justice, human rights advocacy, international engagement, strengthening the position of the Law Council sections, and addressing the high attrition rates of women lawyers. “An important initiative for the Law Council in 2013 is the National Attrition and Re-engagement Study,” he says. “Why women leave the legal profession and do not re-engage is an important issue for the national profession and one the Law Council will explore and address through the study.” With the upcoming federal election, Mr Catazariti said the Law Council will be active in raising key policy issues of concern to the legal profession and the Australian community. “There is a real problem of working Australians not having an
28
LAWTALK 811 / 1 FEBRUARY 2013
appropriate understanding of the Australian legal system or how to access it. “I will continue to support the Law Council’s Access to Justice Committee and Family Law Section in their work in this area and will continue to advocate strongly for improved funding for the legal assistance sector in Australia,” he said. “The federal election also presents an excellent platform on which to explore some of the legal impediments to doing business in Australia.”
Lend support to Myanmar The International Bar Association’s Human Rights Institute (IBAHRI) is calling on international organisations and foreign governments to lend crucial support to the reform process in Myanmar (Burma). The call comes in a report entitled The Rule of Law in Myanmar: Challenges and Prospects, released on 16 December. Any assistance, however, must be targeted carefully so as to include all sections of the country’s population. The 115-page report is based on research conducted by, and material gathered during an IBAHRI fact-finding mission to Myanmar in August 2012. The delegation found the country’s laws and the 2008 Constitution formally guarantee a number of important rights, but national institutions frequently lack the capacity to put them into effect. The success of future reforms will therefore require the creation of transparent bodies and processes that practically safeguard fundamental rights for all the people of Myanmar – regardless of gender, ethnicity and other irrelevant factors – by providing them with an effective remedy for violations. The Rule of Law in Myanmar is available at www.ibanet.org/Document/Default. aspx?DocumentUid=DE0EE11D-9878-4685-A20F9A0AAF6C3F3E.
Battling stigma of leprosy In conjunction with the 60th anniversary of World Leprosy Day on January 27, the International Bar Association (IBA) and The Nippon Foundation joined forces to combat the stigma and discrimination against leprosy-affected people. This is still prevalent in the world and sustained in some countries by out-of-date and discriminatory legislation. The global appeal was launched on 24 January by Mr Yohei Sasakawa, WHO Goodwill Ambassador for the Elimination of Leprosy and Chairman of The Nippon Foundation. The keynote speech was given by Baroness Kennedy QC, cochair of the IBA’s Human Rights Institute (IBAHRI), and the launch was chaired by BBC Education Correspondent, Reeta Chakrabarti. As part of the project, the IBA will work to encourage the removal of discriminatory laws which remain on the statute books of several countries.
LAWYERS COMPLAINTS SERVICE Not to be employed Nicola Tawhara of Wellington is not to be employed by any practitioner or incorporated law firm in connection with their practice, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal has ordered. This order is to remain in force until lifted by the tribunal. Ms Tawhara was found guilty on two charges that she had taken sums of money paid in cash by clients of her employer. One sum was $190 and the other $135.50. After clients paid $135.50 cash to Ms Tawhara, she wrote “Paid” on the clients’ copy of the bill and signed her name. She did not complete a trust account receipt, nor was the amount banked to her employers’ trust account. The employers’ records showed that numerous accounts rendered were sent for the bill, which appeared unpaid in the absence of a trust receipt. When the clients advised they had given
Ms Tawhara payment in cash, her employers confronted her and she admitted taking the funds. Ms Tawhara’s employers notified The Law Society and a Society inspector investigated. That investigation found that the office systems were such that it was likely the accounts rendered had been removed from the mailbag before posting. It also found that Ms Tawhara attempted to deceive anyone investigating the non payment by falsely representing, by notation on the original invoice, that instalment payments had been proposed by the clients.
issued. This was for $190. The debt had not been actively pursued because an email had been received promising payment at a later date. Investigations showed that the email had been sent by Ms Tawhara in an attempt to disguise the misappropriation. When interviewed by her employers, she offered no explanation and nodded when asked if the facts were correct. When the Standards Committee wrote to Ms Tawhara to advise it was investigating the misappropriations, she wrote back apologising for her actions.
Ms Tawhara acknowledged to the inspector that she had taken the funds, and said there were no other such matters.
These misappropriations followed earlier dishonesty found against Ms Tawhara in April 2009, the tribunal said. She was found then to have delayed banking clients’ cash payment of fees, using the funds for her own purposes, and attempting to make up the shortfall from later cash receipts.
Following the inspector’s visit, Ms Tawhara’s employers found and reported a second instance of a client paying cash and no formal receipt being
As well as ordering her not to be employed, the tribunal ordered her to pay $3,025 standards committee costs and $1,200 costs to the Law Society. LT
Suspended for deliberate falsification Dunedin lawyer Helen Davidson has been suspended for six months by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after she admitted deliberately falsifying the date on a will. The suspension will end at the close of 21 June 2013 ([2012] NZLCDT 39). Ms Davidson was instructed by a member of Mrs J’s family to prepare a revised will for her. Mrs J was in residential care and Ms Davidson was alerted to the fact that she may no longer have testamentary capacity. At the rest home, before she saw Mrs J, Mrs J’s daughter (Mrs E) suggested that execution of the will be backdated to avoid any argument with the Public Trustee about Mrs J’s testamentary capacity.
29
LAWTALK 811 / 1 FEBRUARY 2013
Mrs E noted that the Public Trustee was being replaced. A few weeks earlier, a general practitioner had provided a medical certificate regarding Mrs J’s capacity for an Enduring Power of Attorney Mrs J had granted her son-inlaw, Mr E. Mrs E considered there was a risk that the GP’s medical certificate might cause the Public Trustee to question the validity of the revised will and to suggest that the will it held should prevail. When the revised will was executed, Ms Davidson deliberately backdated it to a false date. Some months later, Mrs E told another lawyer about the backdating. The other lawyer, as obliged, notified the New Zealand Law Society, which
investigated. For Ms Davidson, it was submitted that the backdating was an “error of judgement” done by her at the request of Mrs E. Ms Davidson had no personal gain, but had succumbed on the spur of the moment to pressure from the family to ensure the Public Trustee was successfully replaced as executor. The tribunal said that the fact it was a single episode did not diminish its gravity. “The nature and character of the actual conduct is too serious, and we do not consider that its nature allows it to be classified as a momentary lapse in judgement. It was a deliberate decision taken for a particular purpose and, once undertaken, was not corrected after reflection.” In its view, the tribunal said, “the
L AW YERS COMPL AINTS SERVICE
Struck off for facilitating dishonest scheme Hans Sorensen of Auckland has been ordered to be struck off for knowingly facilitating a dishonest scheme. Mr Sorensen has appealed this order of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal ([2012] NZLCDT 23). Pending the outcome of the appeal, Mr Sorensen is suspended. The tribunal’s penalty decision followed an unsuccessful appeal by Mr Sorensen against being found guilty of misconduct by the tribunal (in [2011] NZLCDT 10). After a client of Mr Sorensen, Ms D, died, he acted in administration of her will, which he had prepared for her the previous year. The executors of the will, two of Ms D’s brothers, proposed and implemented, with Mr Sorensen’s assistance, a scheme to unlawfully take money due to some legatees.
question regarding entitlement by being given small cash gifts. These were debited from the estate but characterised as an appreciation from Ms D’s family. Mr Sorensen told the executors the scheme was not in accordance with Ms D’s will, was not lawful and that they risked action from the disenfranchised legatees if the scheme was discovered. Despite giving that advice, Mr Sorensen proceeded to help the executors implement the scheme and was complicit in ensuring the legatees had little chance of finding out what had occurred, the tribunal found. Mr Sorensen appealed the tribunal’s decision on four grounds. The first two were that he did not have adequate notice that dishonesty was alleged against him and that dishonesty had not been put to him during crossexamination.
assisted in a scheme he knew to be dishonest,” Justice Winkelmann said. “His conduct included deliberately involving himself in deceptive conduct to keep from the other legatees the breach of trust by the trustees and executors. His willingness to accept instructions not to provide a copy of the will to the legatees, his facilitation of the payment of cash amounts to the legatees, and the record of events and his understanding of them recorded in his file notes and in the authority, provide compelling evidence that S fully understood that the plan was unlawful, and that he was prepared to, and did, assist with it.” Having found that Mr Sorensen knowingly assisted the trustees and executors in a dishonest scheme and that he involved himself in misleading and deceptive elements of that scheme, a finding of misconduct was “inevitable,” Justice Winkelmann said when dismissing the appeal.
The money was diverted to some of Ms D’s siblings, including the two brothers who were executors. Four legacies, totalling $120,000, were affected.
In S v New Zealand Law Society (Auckland Standards Committee Number 2) [2012] NZHC 1559, Justice Winkelmann found both these grounds failed because dishonesty was “the very essence” of the allegation against him.
A key feature of the scheme was to ensure that the legatees did not become aware of their entitlements. To ensure this, the legatees were not advised of their entitlements nor given a copy of the will.
The other two grounds were that the tribunal failed to identify or apply the correct standard of proof, and the tribunal finding that Mr Sorensen had been dishonest was not supported by the facts.
They were also to be misled as to any
“I am satisfied that S knowingly
appropriate regulatory response to this misconduct is removal from practice”.
Name suppression for lawyer struck off for dishonesty
Suspension of “at least 12 months” was the appropriate starting point. Ms Davidson’s “ready acknowledgment of wrongdoing when the matter came to light, her co-operation with the Standards Committee and her remorse and contrition all contribute to mitigating the length of the suspension, as do her previously good character and reputation” and some personal circumstances. As well as the suspension, Ms Davidson was ordered to pay the Law Society $12,144 standards committee costs and $6,500 Crown costs. The tribunal declined Ms Davidson’s application for permanent name suppression, saying she had not made a case of sufficient weight to displace the normal openness of the tribunal’s processes. LT
30
LAWTALK 811 / 1 FEBRUARY 2013
A lawyer, F, struck off by the Lawyers and Conveyancers Disciplinary Tribunal for serious misconduct has successfully appealed the tribunal’s refusal to grant permanent name suppression. The High Court affirmed the strikeoff order, but found that exceptional circumstances relating to F’s mental health justified prohibiting any publication beyond the mandatory Gazette notice and other limited notifications.
Misconduct In its decision ( [2011] NZLCDT 9), the
In the penalty decision, as well as ordering the strike-off, the tribunal ordered Mr Sorensen to pay compensation to three legatees who sought recompense. He was ordered to pay $10,000 each to two legatees and $15,000 to another. He was ordered to pay the Law Society standards committee costs of $8,212 and disciplinary tribunal costs of $17,200. LT
tribunal found that F had deducted fee invoices against the trust account of an estate after the estate’s sole executor had died, in breach of the trust account regulations. In addition, one of the invoices – for over $20,000 – was clearly unjustifiable. It found the lawyer guilty of misconduct. F maintained he had sent the invoices to the executor, and had not known (or had forgotten) that he had died. The tribunal found, however, that the evidence showed F had been well aware of the executor’s death. The purpose of the requirement to provide an invoice was to allow the client oversight over any deductions, but in this case
L AW YERS COMPL AINTS SERVICE “there was no-one who would see [F’s] invoices and query them if necessary, as [F] would have been aware.” One invoice F had deducted was for $23,737 (including GST and disbursements). This was roughly equal to an unclaimed share of the estate that was liable to revert to the Crown – “a troubling coincidence”, the tribunal said. The tribunal found the invoice could not be justified either by the outcome achieved or by any available time records. F claimed that the executor would have found this fee acceptable, because some earlier work for the estate had not been invoiced. The tribunal found, however, that there was no evidence to support this claim, and it did not sit well with the fact that other invoices had previously been rendered to the estate.
Penalty decision As well as striking F off, the tribunal ordered him to refund to the estate
$23,625 he had unjustifiably taken. It also ordered him to pay the Law Society $19,360 costs and to reimburse the Society for its payment of the tribunal’s costs of $20,750. The tribunal refused permanent name suppression, saying that no factor F raised, including his claimed mental health issues, outweighed the public interest in publication.
High Court appeal F appealed the tribunal’s strike off decision and refusal to grant name suppression (CIV-2011-409-1930, Christchurch, 13 June, 22 August and 11 October 2012). F told the court he would accept a 36-month suspension and undertake not to practise after the suspension. The judge found that striking off was “amply justified”. He said the dishonesty had occurred when those most affected by it were in no position to protect their respective interests – that is, “at the very point when the
highest levels of trust and honesty were needed.” Dealing with name publication, the judge said that “the principle of publishing wrongdoing by legal practitioners in the interest of maintaining public confidence in the profession is paramount in all but the most exceptional of cases.” F’s mood had deteriorated to a status that would be classified as “severe”, according to current psychiatric classification. He presented a moderate to severe risk of suicide and that any publication would dramatically increase his risk. The judge said he was satisfied that the risk to the lawyer from publication was “genuine (rather than contrived) and serious”, and that the circumstances were exceptional. The judge ordered suppression of F’s name, without preventing certain limited notifications, including publication of the striking off in the Gazette. LT
Lawyer’s directness did not breach rules A lawyer,C, successfully challenged a disciplinary finding that he had been disrespectful and discourteous to a client. The Legal Complaints Review Officer (LCRO) found C had not breached professional standards when responding to some forceful challenges from the client.
Facts and complaint In late 2007 the client instructed C to sue whoever was responsible for sewerage leaking from her new home into her backyard. The builder was no longer trading and C began litigation against the district council. The matter went to a judicial settlement conference in September 2009, which was not successful. The client then settled with the council directly. The client paid C’s firm $37,659. She complained to the Law Society that C had overcharged and had failed to keep her informed about additional work and fees. She said he had given her a verbal estimate of “$20,000 at the most” to resolve the dispute by litigation. She also claimed C had been rude and discourteous, had talked down to her and generally had a poor relationship with her.
31
LAWTALK 811 / 1 FEBRUARY 2013
Standards committee decision
On review
The Lawyers Standards Committee accepted the recommendations of the costs assessor assigned to review C’s invoices. The assessor found that the final total was not reasonable.
C applied to the LCRO, challenging the finding that he had breached Rules 3.1 (respect and courtesy) and 3.6 (updating client service information). He accepted the order to reduce his fees and the finding that he had breached Rules 9 and 9.4.
Some bills had been issued before the Lawyers and Conveyancers Act 2006 came into force. They were subject to the previous, higher threshold for disciplinary intervention – gross or dishonest overcharging – and that threshold had not been met. The committee found that the bills issued after 1 August 2008 amounted to overcharging under Rule 9 of Conduct and Client Care Rules, which requires fees to be “fair and reasonable”. The committee also found C had failed to keep to his fee estimate and had not kept the client informed about this. The committee found that C had failed to respond with respect and courtesy when the client had asked about the lack of information, breaching Rule 3.1. The committee found C guilty of unsatisfactory conduct. It ordered him to reduce his fees by $7,676 and to pay the Law Society $1,000 costs.
The LCRO reversed the standards committee’s finding that Rules 3.1 and 3.6 had been breached and ordered the $1,000 costs order be reduced by half. The LCRO noted that in this case the client had a disability as a result of a head injury. “Even taking into consideration the fact that [C] was aware of [the client’s] condition,” the LCRO said, “there is no reason why he should not have responded to [the client’s] correspondence and comments with the degree of directness that he did. Indeed, if he had not done so, he could not be certain that he had delivered his message clearly enough. [The client] was direct and to the point in her messages to [C], and it was reasonable for him to assume that he could respond in the same manner.” LT
L AW YERS COMPL AINTS SERVICE
Disciplinary finding after threat of complaint to Auditor-General A barrister,E, pursuing a dispute about a tertiary course was found guilty of unsatisfactory conduct after he told the institution he intended to complain to the Auditor-General that its approach to the dispute was wasting tertiary funds.
Facts and complaint A student was unhappy about the quality of a course she had undertaken. Her husband, E, pursued this on her behalf, seeking a waiver of course fees. His first email to the tertiary institution’s CEO identified him as the student’s husband and employer. However, this email also included an automatic signature identifying him as a barrister. He provided authorities signed by his wife enabling him to obtain her personal information and to advocate on her behalf, including in any court or tribunal. The dispute wasn’t resolved. In one email, E wrote of “a pending complaint to the Auditor-General of waste of tertiary funds by not being pragmatic, meeting (an offer that was unfortunately reneged on) and being willing to compromise.” The institution complained to the Law Society about E’s conduct. It alleged E had threatened to make accusations against it in order to pressure it to waive course fees, and that his
demands for document disclosure were vexatious.
Standards committee decision A Lawyers Standards Committee found E guilty of unsatisfactory conduct. It found that although he had asked for things that his wife was entitled to ask for, he had behaved in a rude, discourteous and unprofessional manner. The committee also found that in his initial email he had held himself out as a barrister acting for his wife. The committee made no penalty order, but ordered publication without identifying names or details. It said this would remind lawyers of the perils of using the title of barrister and/or solicitor, or signing correspondence with that title, when acting in a personal capacity.
On review Applying to the Legal Complaints Review Officer (LCRO), E argued that his conduct had not been rude, discourteous and unprofessional, and that the committee had erred in finding he had held himself out as a barrister in his initial email. He also submitted that he had not been providing “regulated services” within the terms of the Lawyers and Conveyancers Act 2006 (LCA) and that the committee therefore had no power to make a finding of unsatisfactory conduct.
The LCRO said it was “more than satisfied” that E was providing regulated services. “It was clear that [E] was a lawyer and the matters he was raising were legal issues. He was writing on behalf of a third party, albeit that party was his wife and employee.” The LCRO said it was particularly relevant that “reserved areas of work” included “appearing as an advocate for any other person before any New Zealand court or New Zealand tribunal”, because E had provided an authority from his wife enabling him to do just that. The LCRO reversed the standards committee’s decision and referred the complaint back for the committee to reconsider.
Reconsideration The committee found that E’s email referring to a pending complaint to the Auditor-General had amounted to unprofessional conduct under s12(b) of the LCA. The email had also breached the requirement that: “A lawyer must, when acting in a professional capacity, conduct dealings with others, including self-represented persons, with integrity, respect, and courtesy” (Rule 12). The committee found E guilty of unsatisfactory conduct, but made no penalty order. LT
Lawyer fined for verbal abuse of fellow lawyer A lawyer, A, has been censured and fined $1,000 by a Lawyers Standards Committee for swearing at and insulting another lawyer. The committee also considered several other lesser incidents involving insults and criticisms, but decided these did not warrant any intervention. The complainant lawyer, Mr X, had been unable to attend a client’s sentencing appearance, and the rostered duty lawyer, A, appeared for
32
LAWTALK 811 / 1 FEBRUARY 2013
the client instead. Mr X arrived at the court later that morning and met with the client’s family in an interview room. During this meeting, A entered the room and began speaking to the family about having Mr X replaced as the assigned legal aid lawyer. When Mr X asked her to explain, she used the language complained of. The standards committee found A had breached the obligation to
treat other lawyers with respect and courtesy (Conduct and Client Care Rules, Rule 10.1). It was particularly concerned about her use of profanities to a fellow lawyer. The committee found A guilty of unsatisfactory conduct. It censured her, fined her and ordered her to apologise to Mr X. It also ordered her to pay the Law Society $750 costs. LT
L AW YERS COMPL AINTS SERVICE
Lawyer ordered to share client’s costs burden A barrister, D, who missed a court appearance and failed to protect his client’s interests has been ordered by a Lawyers Standards Committee to share the burden of a costs order made by the court against the client.
Facts and complaint
diaried at his office. The committee said this was not an acceptable excuse. The client had been entitled to expect that a reasonably competent lawyer would have systems in place to ensure that all fixtures, however they were notified, were recorded and appearances arranged.
The client was defending civil proceedings in the High Court, and the court had made interlocutory orders requiring the client to provide financial information. The case was set down for judicial mention, but D failed to appear or to arrange another lawyer to appear in his place. The court ordered costs of $30,433 against the client for failing to comply with the earlier orders.
The committee found that the failure to appear amounted to negligence, and was a clear breach of D’s obligation to “always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care” (Conduct and Client Care Rules, Rule 3).
The client complained to the Law Society. He alleged D had not satisfactorily explained why the costs order was made or whether D had done all he should have to protect the client’s interests.
The committee also considered whether the client had been kept adequately informed of the progress of the case and of what was required of him, and found that D’s communications with the client had been inadequate.
Failure to appear
“This case has the hallmarks of insufficient time, attention, diligence and skill being paid to this matter by the practitioner,” the committee said.
D told the standards committee he had received only an electronic notification of the court date, not a hard copy by post, and that was why it hadn’t been
Lawyer’s communications
The committee found D guilty of
unsatisfactory conduct.
Penalty The complainant sought compensation of $30,433, the amount of the costs order. “Where a claim for compensation is made,” the committee noted, “it is for the claimant to establish a cause or link between the practitioner’s breach and the loss suffered. Once that threshold has been reached, the onus will fall on the lawyer to show that a loss complained of would have been suffered despite the breach.” The committee noted also that the maximum compensation it could award was $25,000. D told the committee that although he had missed the appearance, he would not have been able to change the outcome, because his client’s defaults were a matter of record, and obvious and clear. The committee found, however, that D should have taken steps to protect the client when it had become apparent that the client was in danger of not complying with the court orders. The committee also found that the client had contributed substantially to the making of the costs order. The committee said it was difficult to be precise in apportioning blame, but overall it thought D and the complainant should share the burden of the costs award approximately equally. It therefore ordered D to pay the client $15,000 compensation. The committee also censured D and ordered him to pay $1,500 costs to the Law Society. LT
Costs award NAPIER WAR MEMORIAL CONFERENCE CENTRE
SAVE THE DATE! 16+17 MAY 2013 33
LAWTALK 811 / 1 FEBRUARY 2013
The New Zealand Law Society has succeeded in seeking costs against struck off Gisborne barrister Atareta Poananga. The New Zealand Lawyers and Conveyancers Tribunal delivered its strike off decision on 31 May 2012 ([2101] NZLCDT 12, see LawTalk 804 p29). In a decision delivered on 22 November 2012, the tribunal made costs orders ([2012] NZLCDT 33). Publication of the figures was suppressed. LT
Registry The following people have applied to the NZLS for certificates or approvals. Admission under Part 3 of the Lawyers and Conveyancers Act 2006 Auckland Branch ABBAS Rana Muhammad Asad BERGIN Rebecca Kathleen Scanlan BRAITHWAITE Jessica Sian BRACEFIELD Richard Seiji BIGGS Emma Ellen CHING En Ling Elena CHUNG Hea Soo (also known as Hess CHUNG) CLARKE Robert James COPELAND Nicole Elizabeth CUMMINGS Jade Tepaea Beryl DUBE Shayne Neilson D'SOUZA Eleshea Ann HAMMOND Charlotte Sarah HAN Ben JUNG Woo Jin (also known as Daniel JUNG) KELLY Danielle Therese LEE Jina LEOTA Leao Nia (also known as Susannah LEOTA) LI Sha (also known as Lisa) MARLOW Olivia Jane MANASE Isaac Male MCDONALD Michael Philip MEARES Sophia Susan Robertson (also known as Sophie MEARES) MECHKOV Victor Alekseevich
MCGEORGE James Hugh OLDHAM Jordan Antony ONG Michelle Ong Lert Ping (also known as Wang Leping ONG) OSTROVSKY Olga Leonidovna PARK Maya Alexis PARSONS Belinda Louise ROBINSON Antoinette Isabell SENIOR Patrick Gary SHAW Jonathan Brian SINGH Kesar SURGENOR Marin Liam SHALAEPFER Shayne STOLTZ Amanda Elise SHIN Kyung Hum TAMARAU Kazu-ko La'a THODE Esther Elizabeth Shih-ling THOMPSON Hugh Carrick TOMLINSON Sarah Louise TONG Wing Lun TYSON Logan Jay VAN BALLEKOM Sarah Louise VYATKINA Maria Valerievna WENTZ Matthew Robert WONG Lee Lon WILLIAMS Shellana Natasha WILSON Hannah Mary WINNARD Scott Dean
Nelson Branch MATHESON Rosita Maureen MANNING Lloyd William Taylor
WRAICH Harpreet Kaur (also known as Preety WRAICH) YOUNG Daniel Martin YOUNG Jinyue YOUNG Mailing ZHANG Xi (also known as Lily ZHANG) BOSHIER Edwin Alan SMITH Emma Louise
Otago Branch JONES Catherine Elizabeth May WILLIS Thomas Eion
Hawkes Bay Branch SHAW Nicolette (Nicole) Maria Jayne WOOD Stacey Vivienne
Waikato Bay of Plenty Branch KAUR Ashvinder McLEISH Angela Lorraine nee KELLOW Wanganui Branch MOORE Robert Joseph
Approval to Practise on Own Account under s30 of the Lawyers and Conveyancers Act 2006 Waikato Bay of Plenty Branch HOOD Samuel Wallace
The Registry is now advertising names of candidates for certificates of character, practising certificates and approvals to practise on own account on the NZLS website at http://www.lawsociety.org.nz/home/ for_lawyers/registry/applications_for_approval/
Comments concerning the suitability of any of the above-named applicants for the certificate or approval being sought should be made in writing to me by 7 February 2013 Any submissions should be given on the understanding that they may be disclosed to the candidate.
Lisa Attrill, Registry Manager Email: lisa.attrill@lawsociety.org.nz, Direct Dial: (+64) (4) 463 2916 Freephone: 0800 22 30 30, Fax: (+64) (4) 463 2989
WILLS JEAN WILLIAMSON
Would any lawyer holding a will for the above-named, late of 71 Mariri Road, Onehunga, Auckland, who died on 30 November 2012, please contact Delamare Gleeson, Daniel Overton & Goulding, PO Box 13017, Onehunga Auckland 1643, DX EP71005, ph 09 622 2222, fax 09 934 2148, email del@ doglaw.co.nz.
MICHAEL ALEXANDER HOPKINS
Would any lawyer holding a will for the above-named, late of Greytown, Wellington, who died on 30 December 2012, please contact Mary Hubble, O’Regan Arndt Peters & Evans, PO Box 5176, Wellington 6145, ph 04 473 7700, fax 07 473 0022, email mary@ oreganarndt.co.nz.
34
LAWTALK 811 / 1 FEBRUARY 2013
RUSSELL CHARLES ROGERS
RICHARD DOUGLAS NAERA
Would any lawyer holding a will for the above-named, late of 8 Fruitvale Road, New Lynn, Auckland, plumber, born on 18 May 1948, who died on 6 September 2012, please contact Jo Reuben, Reuben & McGeachie Law, PO Box 21113, Henderson, Auckland 0650, ph 09 835 1520, fax 09 835 1519, email jreuben@rmlaw.co.nz.
Would any lawyer holding a will for the above-named, late of 37 Gillespies Road, Birchville, Upper Hutt, retired, born on 24 October 1951, who died on 8 February 2011, please contact Christine Reti, Upper Hutt Law, PO Box 40501, DX RP44501, Upper Hutt, ph 04 528 7165, fax 04 528 2998, email christine@upperhuttlaw.co.nz.
KULWANT SINGH
JANETTE JOSEPHINE GORDON CURRIE
Would any lawyer holding a will for the above-named, late of Auckland, aged 47 years, businessman, born 18 August 1964, who died on 14 July 2012, please contact Faiyam Khan, Khan & Associates, PO Box 23492, Hunters Corner, Manukau 2155, ph 09 278 9361, fax 09 278 1209, email khan.F@khans.co.nz.
Would any lawyer holding a will for the above-named, late of Auckland, who died on 8 September 2012, aged 80 years, please contact Cheryl Simpson, Wadsworth Ray, PO Box 26301, Epsom, Auckland 1344, ph 09 623 0515, fax 09 638 9296, email cheryl@wadsworthray.co.nz.
Fearon & Co 56x100 ad_BW.qxd:Layout 1
LEGAL SERVICES
21/8/09
09:02
Page 1
SITUATION VACANT
ENGLISH LAW AGENCY SERVICES
Head of Institutional Legal
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
PROPERTY
LITIGATION
John Phillips
Martin Williams
00 44 (0)1483 540841
00 44 (0)1483 540843
mw@fearonlaw.com
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
• Highly sought after leadership opportunity • Auckland CBD Here is an exceptional opportunity for a high performing lawyer with specialist knowledge of institutional banking, finance, securities and corporate law to join this market leading bank. This is a key leadership role with responsibility for providing timely, accurate and high quality legal advice in relation to transactions and product development from a strategic and detail perspective. Specifically you and your team will provide advice on an extensive range of banking facility, security, derivatives and associated documentation required for customers’ transactions ensuring that legal risk and commerciality are well balanced. The types of transactions of which you will work include Project Finance, Syndicated Facilities, Securitisations, Asset Finance and Capital Markets. In addition you will also undertake non-transactional legal work, providing advice on issues of product development, regulatory change and input into submissions or policy decisions on law changes affecting the business units. You will also assist with other legal projects when required, adding capability across the wider legal team and contributing positively to the team culture. Ideally you will bring to the role:
TALAU HALETI
Would any lawyer holding a will for the above-named, late of Lower Hutt, farm labourer, who died on or about 1 July 2012, please contact Paul Logan, ARL Lawyers, DX RP42002, PO Box 30430, Lower Hutt 5040, ph 04 566 6777, fax 04 569 3354, email paul.logan@arl-lawyers.co.nz.
DENISE MARIE MCCALLUM
Would any lawyer holding a will for the above-named, late of 23 Reynolds Road, Havelock North, born on 1 June 1968 in England, who died on 1 November 2012, please contact Rick Grayson, Gresson Grayson, PO Box 1045, Hastings 4156, ph 06 873 2710, fax 06 878 2192, email hrg@ gressongrayson.co.nz.
• Extensive legal experience gained in both law firms and in-house with a minimum of 10 years PQE along with staff management experience • Specialist institutional banking, finance and securities legal transactional experience • Strategic thinking and influencing skills with the ability to foster excellent working relationships • Impeccable work standards and attention to detail. Few senior in-house roles of this quality become available. With access to first rate work, a dynamic team environment and a multitude of career development opportunities, this is a highly sought after position to seriously consider. For a confidential discussion about this opportunity and to obtain a copy of the position description, please contact Jennifer Williams at Williams Legal Recruitment on 09 446 6050 or email jw@williamslegalrecruitment.co.nz
SHANNON HAUSMAN
Would any lawyer holding a will for the above-named, late of Northland, who died on 3 November 2012 at Taupo, aged 34 years, please contact Yvette Paul, Marsden Woods Inskip & Smith, PO Box 146, Whangarei 0140, ph 09 438 4239, fax 09 438 4730, email yvettep@mwis.co.nz.
TANYA CHRISTINE HALL
Would any lawyer holding a will for the above-named, late of Paraparaumu, merchandiser, who died on 4 January 2012, aged 49, please contact Terry Killalea, PO Box 174, Paraparaumu 5254, ph 04 904 2628, fax 04 904 2640, email killaflea@paradise.net.nz.
35
LAWTALK 811 / 1 FEBRUARY 2013
ERENA TURORI
Would any lawyer holding a will for the above-named, also known as Erina Turore, retired, who died on 1 October 2011, (we are looking specifically for a will made prior to 28 March 2011), please contact Leeann Hawke, Eastland Legal, PO Box 977, Gisborne 4010, ph 06 868 3317, fax 06 868 3318, email leeann@ eastlandlegal.com.
KELVIN ERU
Would any lawyer holding a will for the above-named, late of 3 Anthony Grove, Paraparaumu, plasterer, born on 15 March 1960, who died on 8 December 2012, please contact Sally Harrow, The Law Connection Ltd, DX RP60303, or PO Box 2079, Raumati Beach, Paraparaumu 5255, ph 04 299 3192, fax 04 299 7686, email sally@ lawconnect.co.nz.
WILLS
PRACTICE NOTICE WARREN MATIU WAETFORD
Would any lawyer holding a will for the above-named, late of 121 Reeves Road, Pakuranga, Auckland, lawyer, born on 25 July 1974, who died on 3 November 2012 in Cologne, Germany, aged 38, please contact Anne Haira, Kensington Swan, DX SP26517 or PO Box 10246, Wellington 6143, ph 04 498 0881, email Anne.Haira@kensingtonswan.com.
Andrew Skelton
announces that he has commenced practice as a barrister from Capital Chambers and is available for appointment as an adjudicator and arbitrator.
ROBERT BOYD POPHAM
Would any lawyer holding a will for the above-named, late of 3/182 Ensors Road, Opawa, Christchurch and Windsor House, 1 Horseshoe Lake Road, Christchurch, retired freezing worker, who died on 19 December 2012, please contact Jim Sutherland, Weston Ward & Lascelles, PO Box 13339, Christchurch 8141, ph 03 379 1740, fax 03 379 1789 email jfs@ wwl.co.nz.
BRENT DARREL TAIGEL
Would any lawyer holding a will for the above-named, late of Lower Hutt, self employed, who died on 28 November 2012, please contact Siobhan Simpson, ARL Lawyers, DX RP42002 or PO Box 30430, Lower Hutt 5040, ph 04 566 6777, fax 04 569 3354, email siobhan.simpson@arl-lawyers.co.nz.
andrew.skelton@capitalchambers.co.nz m: +64 21 244 5042 | p: +64 4 499 8924 Capital Chambers Level 14, 89 The Terrace, PO Box 10048, Wellington 6143 e:
SITUATION VACANT
GRAHAN BRUERE HENDERSON
Deputy Legalholding Complaints Review Officer Would any lawyer a will for the above-named, (Auckland) late of 18 Mitchell Street, Blenheim, formerly of Rotorua, New Plymouth Christchurch, who died on 2 January Applicationsand are invited from suitablyretired, qualified persons for appointment as 2013, aged 81,Legal please contact Robyn Dewson, a full-time Deputy Complaints Review Officer (Deputy LCRO). Stevens Under the Lawyers and Conveyancers 2006 (the57, Act),Westport the appointment this 03 Orchard Lawyers Limited,Act PO Box 7866,of ph position is made Minister of Justice, in consultation with the New 789 7759, fax by03the789 6657, email robyn@stevensorchard. Zealand Law Society and the New Zealand Society of Conveyancers. co.nz. The purpose of the Act is to maintain public confidence in the provision of legal and conveyancing CAROL services, toANN protectDOLAN consumers and to recognise the status of the professions which provide Actabove-named, provides a Would any lawyer holding a willthem. forThe the comprehensive and enhanced three-tier complaints and disciplinary finance advisor, who died on or about 13 August process 2012 at for lawyers and conveyancing practitioners and their employees. Horsnby, Australia, please contact Claire Coe, Rainey Collins As a Deputy you willPO have statutory promoting Lawyers, DXLCRO SP20010, Box 689, responsibility Wellingtonfor6140, ph 04 473 public confidence in law practitioners and conveyancers. You will provide 6850, fax 04 473 9304, email ccoe@raineycollins.co.nz. independent oversight and review of the decisions of the Standards Committees of the NZ Law Society and the NZ Society of Conveyancers, ASHLEY KEITH SMITH which handle complaints in the first instance. Would any lawyer holding a will for the above-named, To beofappointed a Deputy LCRORoad, you mustHukerenui, not be currently practising as who a late 193 Crows Nest Northland, lawyer conveyancer. Theon Minister will take into 2012, consideration: died atorTe Kauwhata 2 December please contact • yourLuxford, personal attrributes; Andrew The Oaks Law Centre Limited, PO Box 200, • your knowledge of, 09 and430 experience matters relevant to email the Whangarei 0140, ph 0207, in, fax 09 430 0247, apl@ functions of the LCRO, such as the law of New Zealand, the provision theoakslaw.co.nz. of legal services and the issues related to professional conduct; • your ability, by reason of yourNED skills or experience or both, to deal with FRANCIS SKELTON resolution and management disputes. Wouldtheany lawyer holding aof will for the above-named, late of Porirua, carpenter, who 18 January 2012, A position description and application packdied may beon obtained at www.justice. govt.nz.contact Applications on Family Friday 15Law February 2013. Limited, PO please Sueclose Rose, Specialists Box 50513, Porirua 5240, DX SP32504, ph 04 237 4063, fax 04 237 4062, email sue@familylawspecialists.co.nz. NATHAN MICHAEL HUTCHINSON
Would any lawyer holding a will for the above-named, late of Auckland, painter, born on 22 September 1989, who died on 20 November 2012, please contact Alison Tait, Wells & Co, DX EP82506, or PO Box 38222, Howick, Auckland 2145, ph 09 535 4211, fax 09 534 3857, email alison@wellslawyers. co.nz.
WILLIAM ROBERT GARTON
Would any lawyer holding a will for the above-named, late of Maungatoroto, in the district of Auckland, who died on 31 July 2007, please contact Vanassa McGoldrick, Henderson Reeves Solicitors, PO Box 11, Whangarei, ph 09 430 4350, fax 09 438 6420, email VanassaMcgoldrick@hendersonreeves. co.nz. 36
LAWTALK 811 / 1 FEBRUARY 2013
Deputy Legal Complaints Review Officer (Auckland) Applications are invited from suitably qualified persons for appointment as a full-time Deputy Legal Complaints Review Officer (Deputy LCRO). Under the Lawyers and Conveyancers Act 2006 (the Act), the appointment of this position is made by the Minister of Justice, in consultation with the New Zealand Law Society and the New Zealand Society of Conveyancers. The purpose of the Act is to maintain public confidence in the provision of legal and conveyancing services, to protect consumers and to recognise the status of the professions which provide them. The Act provides a comprehensive and enhanced three-tier complaints and disciplinary process for lawyers and conveyancing practitioners and their employees. As a Deputy LCRO you will have statutory responsibility for promoting public confidence in law practitioners and conveyancers. You will provide independent oversight and review of the decisions of the Standards Committees of the NZ Law Society and the NZ Society of Conveyancers, which handle complaints in the first instance. To be appointed a Deputy LCRO you must not be currently practising as a lawyer or conveyancer. The Minister will take into consideration: • your personal attrributes; • your knowledge of, and experience in, matters relevant to the functions of the LCRO, such as the law of New Zealand, the provision of legal services and the issues related to professional conduct; • your ability, by reason of your skills or experience or both, to deal with the resolution and management of disputes. A position description and application pack may be obtained at www.justice.govt.nz. Applications close on Friday 15 February 2013.
SITUATIONS VACANT
Legal Advisor He pānui tēnei ki te hunga mōhio ki ngā mahi mo te Hauora, me te Hauātanga. Tirohia tēnei take nui.
ANZ Bank New Zealand Limited Corporate Counsel, NZ Legal Group Auckland or Wellington ANZ realises that our greatest asset is our people. That is why we are creating a unique environment of inspiration, leadership, values and great opportunities that will enable the best in the market to thrive as part of our diverse team. We have an exciting opportunity for an experienced lawyer to manage legal risk in relation to the Corporate divisions of ANZ New Zealand. These areas include: Finance, Treasury, Property, Risk, Human Resources, Corporate Affairs, Technology and Operations.
The Health and Disability Commissioner promotes and protects the rights of health and disability services consumers and facilitates the fair and efficient resolution of complaints relating to infringements of those rights. We are looking for a talented lawyer to provide legal and policy advice on the operation of the Health and Disability Commissioner Act 1994 and the Code of Health and Disability Services Consumers’ Rights. Full-time hours preferred but negotiable for the right candidate. You will need: •
one to three years of post-admission experience as a barrister and solicitor;
•
an excellent academic record;
•
knowledge of health care law, public law generally and administrative law in particular;
•
some experience in contractual drafting and review of corporate documentation;
•
an understanding of policy issues affecting the interests of health and disability services consumers;
•
excellent research and writing skills;
To be successful in the role you will have: • An LLB qualification, and minimum 7 years legal experience in commercial law.
•
sound judgement and analytical ability;
•
the ability to handle complex cases and meet deadlines;
•
Extensive experience in treasury, general corporate and finance matters, mergers and acquisitions, regulatory affairs, corporate relations and litigation.
•
a high level of initiative and self confidence; and
•
the ability to work collaboratively within a multidisciplinary team environment.
•
Experience working in matrix management structures.
•
Worked with senior members of organisations and be able to demonstrate your ability to gain the respect and influence internal and external stakeholders.
Reporting to the Associate General Counsel - Corporate, this role focuses on working with the Corporate centre functions to achieve their objectives by ensuring each function is provided with quality, timely, commercially relevant and cost effective legal services and ensuring legal risks are mitigated where they arise. You will regularly liaise with key stakeholders within ANZ and externally and will work collaboratively on projects that affect the wider organisation.
We offer a supportive environment where your contribution is valued and your achievements recognised and rewarded. In joining ANZ the benefits include not only working for one of New Zealand’s largest employers; we are able to offer exceptional professional development, along with a competitive remuneration and benefits package. Become part of our team today by visiting www.anz.co.nz/careers and search for reference NEW008568 to apply for this position, or to view other opportunities. ‘We connect you to your world of opportunity’
ADVERTISE WITH US!
LAWTALK • LAWPOINTS • OUR WEBSITES
37
LAWTALK 811 / 1 FEBRUARY 2013
High quality legal experience will be an advantage. You are expected to have an understanding and acceptance of the principles of the Treaty of Waitangi to ensure a culturally appropriate service. All applicants must complete an HDC application form to be considered. Please visit the HDC website for the application form and the position description. http://www.hdc.org.nz/utilities/currentvacancies Please send your completed application form and CV to: Julia Phillips, Office of the Health and Disability Commissioner, PO Box 11934, Wellington or by email to jphillips@hdc.org.nz or call 04 494 7904 by 5pm, Friday 15 February 2013. For further information please contact Julia Phillips at jphillips@hdc. org.nz or call 04 494 7904.
CHRISTINE WILSON Advertising Co-ordinator christine.wilson@lawsociety.org.nz 04 463 2905
SITUATION VACANT
Lecturer/Senior Lecturer in Tax and Business Law Faculty of Business and Economics University of Auckland Vacancy Number: 15365 The Department of Commercial Law is looking to offer a senior lecturer/lecturer career in the field of tax and business law. The successful applicant would undertake teaching in commercial law generally but would have a particular interest in taxation law and policy. You would teach at the highest level in New Zealand’s premier postgraduate (including on the Master of Taxation Studies, ranked by Eduniversal as the 11th best specialist tax masters degree worldwide) and undergraduate tax and business law courses. An ideal candidate would have, in addition to tax expertise, the ability to research and teach in other areas of particular significance to business such as company and securities law. A passion to share knowledge with students and with the business community is critical. The Commercial Law Department looks to appoint people who see themselves as integral parts of a vibrant and collegial team of researchers. Successful applicants are given the opportunity to make a significant contribution to developing New Zealand’s future business and professional leaders and The Department has scholarly engagement with leading institutions at a national and international level. An academic career offers stable remuneration and the freedom to pursue research in relevant areas of interest with a view to making a significant contribution to business and the wider community.
Your departmental colleagues The Department of Commercial Law is the leading centre of commercial law and taxation research and teaching in New Zealand, with one of the largest groups of commercial law academics in Australasia. Staff are involved in a wide range of teaching and research areas including corporate, finance, intellectual property and innovation, international trade and taxation. Members of the Department are highly-qualified and experienced academics or practitioners who have made important contributions to the discipline by writing books or publishing regularly in top-ranked international journals.
Your faculty colleagues The University of Auckland Business School (UABS) is one of the AsiaPacific’s foremost business schools, known for the relevance and impact of its research and scholarship and the quality of its people, programmes and partnerships. Located in the purpose-built Owen G Glenn Building, the School is a dynamic learning environment for academia, Government and industry influencing well over 12,000 individuals each year through its academic programmes and executive development courses. Based on the last Performance Based Research Assessment (PBRF) exercise in 2006, the School has the highest concentration of internationally ranked researchers in business and economics in New Zealand. It was the first business school in the country to win accreditation from the world’s top three business school’ accrediting bodies: (AACSB in the US, EQUIS in Europe and AMBA in the UK).
Your University The University of Auckland enjoys an outstanding reputation for its scholarship, teaching and research. It is ranked by the Times Higher Education QS World University Rankings 2012, as: the top ranked university in New Zealand in the top one percent of universities worldwide (ranked 84th in the world) 76th in employer ranking.
Your city Auckland offers an attractive lifestyle. The city is built on a narrow isthmus between two harbours - the Manukau and the Waitemata - and is surrounded by 11 dormant volcanoes and numerous picturesque islands. Auckland is nicknamed the ‘City of Sails’ because of the high number of yachts that sail in the harbours and the adjoining Hauraki Gulf. To the west of the city, the Waitakere Ranges rainforest forms a gateway to magnificent west coast surf beaches and an abundance of bush walks. Auckland is a city with a rich cosmopolitan mix of peoples. Queries relating to the advertisement must be referred to Prof Craig Elliffe - c.elliffe@auckland.ac.nz
Applications close 28th February 2013 (NZST). For further information go to www.auckland.ac.nz/opportunities The University has an equity policy and welcomes applications from all qualified persons. The University is committed to meeting its obligations under the Treaty of Waitangi and achieving equity outcomes for staff and students.
38
LAWTALK 811 / 1 FEBRUARY 2013
SITUATIONS VACANT
Commercial/Banking/ Property Lawyer 2-4 Years This New Plymouth law rm provides specialist commercial and public law advice to clients who operate in a range of sectors including energy, nance and central and local government. They are well respected by their clients for providing accurate, timely and cost-effective legal advice.
Deputy & Assistant Company Secretary Take the next step in your career with these exciting and challenging Wellington based positions.
Deputy Company Secretary, Corporate Secretariat This role will utilise your excellent analytical skills and proven ability to provide first class legal, governance and regulatory advice and recommendations. Supporting the Company Secretary you will ensure that the Board, Board Committees, Subsidiaries and the Executive are fully informed throughout their decision making process. You will prepare, manage and monitor the Board Members training programme as well as being responsible for the overall management and support of the Board Committees through the successful delivery of the secretariat function. You will also actively review legislative, governance and regulatory developments that relate to ACC. As well as being the ultimate professional to be successful in this role you will have the ability to juggle several balls at once, act strategically while under pressure with communication skills second to none. You will hold a Bachelor of Law, be enrolled or eligible to be a barrister and solicitor of the High Court of NZ and have 5+ years experience in a top law, consulting or insurance firm.
Assistant Company Secretary, Corporate Secretariat Relationship management is key in this role. If you like to be kept busy and have a great sense of humour then this is the position for you. As the successful candidate you will be responsible for all the company secretarial functions for all subsidiary companies, management committees which includes the preparation of board and committee agendas, recording, maintaining and distributing minutes of all board meetings. Supporting the Deputy Company Secretary you will provide legal advice involving governance and regulatory compliance support to the Board. You will also support delivery of the ACC Superannuation Scheme objectives. Your excellent interpersonal, communication and negotiation skills will come into play drafting and negotiating commercial agreements, content licenses and strategic partnership agreements. This just touches the surface so if you are flexible, enjoy multi tasking, hold a Bachelor of Law, enrolled or eligible to be a barrister and solicitor of the High Court of NZ and have 2+ years experience in a top law, consulting or insurance firm then this role is for you.
For a full description of these roles and to apply go to
careers.acc.co.nz 39
LAWTALK 811 / 1 FEBRUARY 2013
An opportunity exists for a commercially astute lawyer who wants a career in the law, not simply a job. The ideal candidate is intellectually curious about the law, business and society. That person will care about their work and their clients, will have the ability to clearly communicate complex concepts and will be able to easily relate to clients and to interact with other professional advisers in the provision of advice.The candidate will have the ability to work autonomously but within a team as well as with integrated teams of clients, lawyers and other advisers. Part of the Lawlink Group, this innovative rm is well-resourced and operates from modern premises. Its lawyers are passionate about what they do and how they do it and still see the law as a profession. Whilst the rm is based in Taranaki, a province like no other, the rm’s practice extends throughout the country, acting for both national as well as international clients. Please contact Jennifer Little at Jennifer@hrshop.co.nz for a condential discussion. Job ref: J000042 0508 HR SHOP / Level 1 - 182 Vivian Street Po Box 7031, Wellington South
www.hrshop.co.nz
To FORlease LEASE
TO LEASE IN KUMEU • 331m2 of very well appointed, near new office space • Easy access • FREE parking • Only 25 minutes from Auckland CBD on State Highway 16 in West Auckland • Fast growing area due to new motorway extention • Mixed business area - 12 tenancies in place - very relaxed area to work in. Phone Paul Mobile: 027 4932 791
FOR SALE
EXPRESSIONS OF INTEREST SOUGHT:
conveyancing Practice for sale: Practitioner retiring due to other Business interests. • Strong cash flow and repeat clients. • Marketing programs in place that attracts clients from throughout NZ and overseas. • Excellent opportunity to expand on existing practice in Wills, Trusts, Estate Planning etc. Email interest in the strictest confidence to enquiriesbusiness4sale@gmail.com
SITUATIONS VACANT
Corporate Lawyer – Dispute Resolution (Auckland or Wellington) BNZ is proud to offer an opportunity for a high performing Corporate Lawyer to join one of New Zealand’s leading in-house legal teams. Reporting to the Head of the Dispute Resolution practice, you will be responsible for providing support on a variety of litigation/dispute resolution matters.
Key accountabilities include: • Assisting with the Bank’s significant litigation including the day-to-day management and reporting of claims and potential claims against the Bank • Assisting with provisioning for litigation, managing budgets and ensuring associated costs are correctly allocated • Preparation and management of information requests and investigations by regulators and industry agencies • Provision of both general and preventative advice to the Bank’s business units and communication of key learnings from litigation matters.
Applicants will ideally possess the following: • Three plus years experience in a top tier law firm or a major corporate organisation as an in-house lawyer • Excellent technical, negotiation and communication skills • Solid experience in commercial litigation, banking and finance or corporate law • Ability to build excellent working relationships with a range of stakeholders • A high level of motivation and passion to gain positive outcomes and help your clients to achieve their goals and strategic direction • Ability to provide pragmatic advice quickly, concisely and clearly.
The right opportunity for you... This is a fantastic opportunity to join one of New Zealand’s leading in-house legal teams. This role will give you the opportunity to develop your skills and individual style. An equal balance of technical skills and the ability to build relationships, drive change and deliver to tight deadlines will be key to your success. We believe you deserve the best rewards for working for one of New Zealand’s leading banks - our package is market leading and competitive. Ref: 85992 For a confidential conversation, please contact Susie Merritt on 09 976 5997.
SENIOR STAFF SOLICITOR John Gwilliam & Co Limited Barristers and Solicitors UPPER HUTT
Our firm is expanding and is seeking to employ a litigator with at least five years experience in Criminal, Family, and Civil litigation. The person should preferably have Lead Provider status for Legal Aid in these areas. The position requires the ability to work well both independently and in a team environment with a strong desire to be successful in litigation work. As this is a new position the successful applicant will be given every opportunity to develop their own practice as well as having the support of other experienced litigators in the firm. The successful applicant may also be required to undertake some supervision of staff. This is an exciting time for the firm as we seek to move to a new model for delivery of legal services in the 21st Century. We would expect any successful applicant to share our vision of making the law more accessible to the public. Written applications, with curriculum vitae and referees, should be marked confidential and forwarded to our offices at:
See how you can build your career at:
bnzcareers.co.nz building Business builds Community builds Family
John Gwilliam & Co Limited PO Box 40 457 Upper Hutt for the attention of John Gwilliam or emailed to john@jgwilliam.co.nz. All applications will be treated as confidential. Closing date for applications is 28 February 2013.
40
LAWTALK 811 / 1 FEBRUARY 2013
SITUATIONS VACANT
PARLIAMENTARY COUNSEL
INTRODUCING OUR NEW LEGAL RECRUITMENT CONSULTANT Momentum’s legal team is delighted to announce the appointment of Jane Wellik who has joined the Wellington office. Jane is a lawyer who has previously worked in private practice. She has maintained excellent networks within the Wellington community and is excited to be using her knowledge of legal staff and environments to put the right candidates in the right roles. As New Zealand’s leading legal recruitment specialists, we offer our candidates access to an unparalleled client list: we recruit for all sizes of firm and work with New Zealand’s leading companies. We are a preferred supplier to the public sector due to our appointment to the All of Government panel. For up to date salary information, please contact us for a copy of our latest survey completed in partnership with the New Zealand Law Society. For our Wellington office, please call 04 499 6161 or contact: Carla Wellington carlawellington@momentum.co.nz Jane Wellik janewellik@momentum.co.nz Marissa Barnao marissabarnao@momentum.co.nz For our Auckland office, please call 09 306 5500 or contact: Meryn Hemmingsen merynhemmingsen@momentum.co.nz Rachel Beattie rachelbeattie@momentum.co.nz Sandi Riches sandiriches@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
The Parliamentary Counsel Office invites applications from lawyers for appointment as Parliamentary Counsel or Associate Parliamentary Counsel. Applicants must have three to ten years’ post-qualification experience in a legal environment. The office is responsible for drafting Government Bills and Statutory Regulations affecting all facets of New Zealand society. The work requires a sound knowledge of the law, initiative, and the ability to analyse complex ideas and policies and express them in language that can be easily understood and applied. It also involves discussions with, and the provision of advice to, government departments, Ministers of the Crown, Cabinet committees, and parliamentary select committees. Applicants will need the ability to: • communicate effectively, both in writing and orally • apply legal knowledge in a practical and effective manner • work constructively with a wide range of people • contribute to a team and work independently • work under pressure. Visit www.pco.parliament.govt.nz/current-vacancies for application requirements and a job description. For more information contact Fiona Leonard, Acting Deputy Chief Parliamentary Counsel, on 04 817 9390. The closing date for applications is 9 am Wednesday 20 February 2013.
Solicitor – Commercial Auckland Central • Are you a rising star? • Looking for a career development opportunity? • Want a role where you really can make a difference? Are you 3–5 years’ PQE and now seeking your next career opportunity? We are on the hunt for a passionate and dedicated Solicitor to join our legal team at Auckland Council. It is an exciting time to join Auckland Council as a Solicitor - our role is to support the Council to make Auckland the most liveable city in the world. 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 looking to further grow its legal capability by engaging a Solicitor – Commercial into the Legal Services department. This role will give you the opportunity to work on large scale, high profile commercial and procurement projects, together with a range of complex and varied transactions across the Auckland Council group. You will be responsible for providing expert advice with a particular focus on reviewing, drafting and negotiating commercial contracts, governance and operations of council-controlled organisations. The successful candidate will possess a minimum of three years PQE relevant commercial legal experience ideally gained from a top-tier firm coupled with experience in local government or public/administrative law. Demonstrated experience of working on IT contracts will be highly advantageous. This role will offer you variety, the opportunity to develop your career and profile yourself within the organisation coupled with genuine work-life balance. This talented Legal Services team within Council are a high performing team who are finalists in the 2012 NZ Law Awards ‘In-House Counsel Team of the Year’ category. Want to be a part of it? Apply now! For further information, please contact Julie Moir in strict confidence on (09) 348 5805. Applications close Sunday, 17 February 2013.
41
LAWTALK 811 / 1 FEBRUARY 2013
SITUATIONS VACANT
GENERAL COUNSEL & COMPANY SECRETARY
SENIOR LEGAL COUNSEL
• Legal leadership role • Auckland Here is a sought after opportunity for an aspiring General Counsel and Company Secretary seeking a senior legal leadership role with responsibility for the delivery of sound and timely advice across the full spectrum of our client’s finance-related business. Reporting to the Managing Director, you will manage an in-house legal and compliance team of three, and contribute your skills as part of the executive management team, acting as a key business advisor and playing an integral part in decision making and governance. You will have a minimum of 10 years’ experience with strong commercial and finance-related knowledge and the ability to deal with a wide range of legal issues. The legal team is well positioned, highly accessible and involved in all aspects of the business. You will lead the team in providing advice on financial and commercial matters, including assisting the business to achieve effective regulatory compliance; managing the business’s submissions and lobbying on law reforms and engaging with industry bodies. You will also oversee best practice governance, undertaking the full range of company secretary duties and responsibilities working closely with the Board setting agenda’s for directors meetings and liaising with directors on compliance, disclosure and regulatory matters. In addition you will draft and review contracts, support the business to enhance and develop financial and insurance products, and oversee the management of disputes. You will be supremely organised with superior legal risk and identification and management skills. Keys to success will be your ability to engage with the business, communicate effectively and work collaboratively as part of the executive management team. You’re to share information and blend your legal and commercial skills to achieve practical, innovative solutions. You will have a passion for success, strong interpersonal and relationship building skills, and be renowned for your “can do” attitude. This is a unique opportunity to gain first rate experience in a senior leadership role, establish your reputation in a highly sought after General Counsel role and position your career for future success. For a confidential discussion about this opportunity and to obtain a copy of the position description, please contact Jennifer Williams at Williams Legal Recruitment on 09 446 6050 or 027 220 8003 or email jw@williamslegalrecruitment.co.nz
• Newly created role • Auckland based A fantastic opportunity for an intermediate to senior level lawyer to join this leading provider of infrastructure services. Downer employs over 4,500 people in New Zealand and provides infrastructure solutions across a variety of sectors - transportation, telecommunications, facilities management, water, and energy. Downer is one of the country’s largest infrastructure service providers providing services to a wide variety of clients across public and private sectors. It is also part of the Downer EDI group (listed on the ASX and NZX) with all the career opportunities that being part of a larger organisation throws up. In this newly created role you will work closely with the Chief Legal Advisor NZ and the senior executive team to assist in providing commercially focused legal advice right across the Downer NZ business. The legal/commercial team advises on a wide range of legal and commercial issues – including contractual work (client tender reviews, supply and procurement contracts), joint ventures & alliances, and also manages disputes, litigation and regulatory issues that impact the business. This role requires a candidate with first rate technical and interpersonal skills. Ideally you will have at least seven years PQE with some experience of front end or back end construction law. Those candidates who have already time spent in-house (including secondment) and who are able to handle multiple competing demands in a fast paced and constantly changing business environment will be at real advantage. Whilst the role is ideally full time and head office based, some flexibility may be available for a more senior candidate with the right skills to sometimes work remotely and/or less than full time. This is an excellent opportunity to become immersed in a business that contributes positively to the local economy, develop your legal and commercial skills in a team focused environment and position your career for future success. For a confidential discussion about this opportunity, please contact Jennifer Williams at Williams Legal Recruitment on 09 446 6050 or email jw@williamslegalrecruitment.co.nz