LAWTALK
No iNcrEaSE iN PractiSiNg FEES
PA g e 3
10 MAY 2013 / 818
FOR THE NZ LEGAL PROFESSION
SEcrEtS oF SUccESS
PA g e 2 0
Challenges Facing NZ Law Firms in a Changing World There is an increasing demand within the legal industry for advice and support across a number of commonly faced challenges. In particular, firms are finding that they need to address: planning for succession, identifying new revenue streams that compliment existing practice areas, and establishing KPIs that are relevant to metrics such as remuneration and budgets, and then linking these to appropriate review processes. Additionally, many regions around New Zealand, (and particularly Christchurch) are struggling to attract quality talent in the current market. Especially for roles requiring 3-4 and 8+ years post-qualification experience across the areas of litigation, and commercial and property law. Our specialist in the legal industry, Jennifer Little, partners extensively with New Zealand firms as a trusted adviser and works with them on many of these challenges. With significant experience consulting with partnerships, Jennifer has developed solutions for successfully overcoming common issues. In particular, her significant networks across the legal market have shaped the way Jennifer approaches talent acquisition in this economy. She has found that it is no longer about advertising a position and waiting for CVs to roll in, but rather a strategic search that involves sourcing through relevant networks and the proactive use of new technologies such as social media. Firms are realising that their greatest success for staff productivity and engagement lies in identifying, obtaining, developing and retaining the right talent. Increasingly, firms are turning away from transactional recruitment and towards a holistic approach. Many are choosing to engage with industry specialists who truly understand the people challenges within their business and are focused on building long-term relationships. That’s where we come in. The team at HR Shop are driving up the quality of service across the human resource space within legal practice. Our team are gutsy, commercial and pragmatic in our approach, and have very strong professional services backgrounds – having previously led HR functions at top-tier New Zealand law firms. We provide end-to-end HR services, working with clients at the partner level, in collaboration with their HR Manager. Along with HR advisory, and strategic talent acquisition, we also provide support across generalist HR activities such as coaching, testing, policy review, culture/ change management and outplacement services. For more information about the HR Shop team, our services, and our approach visit www.hrshop.co.nz.
“Jennifer Little invests time, effort & energy to understand our culture, values, business objectives & HR needs going forward. As a result, we regard her as an integral member of our team, whose judgment & recommendations on HR matters we absolutely value & trust. We have also engaged the wider HR Shop team to assist on a number of HR projects, including the development & implementation of a new performance review system for our staff, which has been an overwhelming positive experience. HR Shop has become ‘our HR department’.” - Lauchie Griffin, Principal, LEGAL PLANIT
“Jennifer’s advice was detailed and specific. She provided us with on the ground information that we would never have sourced elsewhere.” - Julian Clarke, Managing Partner, CAVELL LEITCH
info@hrshop.co.nz 0508 HR SHOP Level 1, 182 Vivian St Wellington
InSIDE
THE MAGAZINE
FEATURE: LEG AL RESE ARCH
“Our job is not to be liked necessarily, not always to be popular, but most importantly to be able to stand back and tell the truth” p. 25
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Meet the Inspectorate
How our mind sets can affect our mental health
The team comprises 11 people, and come from varying backgrounds and skill sets ...
18 Practising certificate renewal moving online New Zealand lawyers are asked to renew their practising certificates for the 2013/14 year online ...
Mental health is not just about identifying illness and seeking treatment. It is also about our capacity for being mentally healthy – having optimal mental health, enjoying life ...
25 Legal advisers need to draw lines
“In New Zealand, the opportunities [to get funding for research] are woefully thin”
p. 4
4 Legal research in New Zealand Universities The recently released Performance-Based Research Fund (PBRF) interim report shows that New Zealand’s law faculties are providing high quality research for the common good. It also shows that law is performing well against other university faculties
Feature by Elliot sim
BP General Counsel Debra Blackett says the heart of an in-house role is the lawyer’s duty as a barrister and solicitor of the High Court of New Zealand ...
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19 Moving Towards CPD
Overseas – Legal profession in perilous state
A Law Society initiative will require all New Zealand lawyers to complete a minimum level of continuing professional development (CPD) each year ...
The Commonwealth has been asked to reconsider holding this year’s Commonwealth Heads of Government Meeting (CHOGM) in Colombo, Sir Lanka, in November...
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20 Moving Towards CPD
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Letters to the Editor
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From The Courts
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FROM THE LAW SOCIET Y K athryn B eck
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t is both a pleasure and a privilege to have been elected the New Zealand Law Society Vice-President Auckland and I look forward during my term to serving the legal profession in this role. My involvement with the Law Society has been a longstanding and enjoyable part of my career. I first became involved when I was a relatively junior employment practitioner. At that time I worked on both the local and then the national employment law committees and was part of a team that established networking events for the employment bar that have now become tradition. This involvement also took me on road shows and got me up speaking publicly as a young lawyer, and involved in the law reform process when issues arose. The work and the associated skill development delivered a wide range of benefits to my professional and personal development. I was elected a member of the Auckland Branch Council in 2012 and have enthusiastically embraced the opportunity to have a part in the national organised profession. For this reason, I highly recommend that young practitioners take the opportunity to volunteer with the Law Society and get involved at a branch and national level. It is important for lawyers to remember that the practice of law is a profession, and with that comes certain responsibilities, especially in regard to mentoring future generations and ensuring the sustainability of the profession.
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I have a keen interest in supporting young people into a legal career and discussing issues that may arise in their pursuit of the profession. Appreciating that we are all time poor and often don’t have the resources to have even a cup of coffee with close friends or family as often as we would like, I would still encourage you to try and give time to a young person who is interested or entering a career in law as well as those who are facing challenges in their career. My passion for encouraging young people is built on personal experience of what it can mean to a person. A friend of a friend was generous enough to spend some time giving me ideas of where to go and what a career in the law entailed when I started at law school. She then gave me advice on where to go when I graduated. Her advice made a huge difference to me in the early years of my career. The need to give advice, build relationships, and be involved in the profession, is not limited to youth and I encourage everyone in the profession to network and provide each other with collegial support and guidance. While we may sometimes come head to head in the courtroom and compete for business, we need to work together to ensure that professional standards across the board are consistently of the highest quality and the public can have confidence in the quality of the legal profession as a whole. Our obligations to our clients and overriding obligation to the court as well as our professional responsibilities is what makes our profession stand out and requires us to operate to a high standard. Kath ry n B e c k New Zealand Law Society Vice-President, Auckland
LAWTALK More than 12,000 copies of LawTalk are distributed each issue. The magazine of the New Zealand Law Society, LawTalk is sent to every lawyer in New Zealand who holds a current practising certificate. Although the number of lawyers with practising certificates varies, it is typically around 11,500. Others who receive LawTalk include members of the judiciary, Law Society associate members, legal executives, Members of Parliament, media, academics and others involved in the legal services industry.
STREET ADDRESS: 26 Waring Taylor Street, Wellington Postal address: DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, New Zealand EDITOR: Frank Neill Ph +64 4 463 2982 editor@lawsociety.org.nz WRITERS: Rachael Breckon Ph +64 4 463 2910 rachael.breckon@lawsociety.org.nz Elliot Sim Ph +64 4 463 2902 elliot.sim@lawsociety.org.nz Advertising: Christine Wilson Ph +64 4 463 2905 advertising@lawsociety.org.nz Inquiries about subscriptions to: subscriptions@lawsociety.org.nz DESIGN: Andrew Jacombs Ph +64 4 463 2981 andrew.jacombs@lawsociety.org.nz Printing: Lithoprint, Wellington Lawtalk is printed on an environmentally responsible paper, produced using Elemental Chlorine Free (ECF), FSC ® Certified Mixed Source pulp sourced from Well Managed & Legally Harvested Forests.
Ne ws p oi n ts Renewal of practising certificates Practising certificate fees and levies will not increase this year, the New Zealand Law Society Council has decided. Subject to approval by the Minister of Justice, the proposed fees and levies for the year 1 June 2013 to 30 June 2014 are: ▪▪ barristers and employed barristers and solicitors: $1262 (GST excluded); ▪▪ barristers and solicitors practising on their own account (without a trust account): $1647 (GST excluded); and ▪▪ barristers and solicitors practising on their own account (with a trust account) $1967 (GST excluded). All lawyers who held a practising certificate at 3 May will be emailed regarding renewal by mid May. Anyone who has not received a renewal email by the end of May should contact the Law Society Registry, email registry@lawsociety. org.nz or phone 0800 22 30 30. If you are a member of a Law Society section, or the NZLS Panel of Mediators as a family specialist, the subscriptions fees will be included on your renewal invoice. There is no subscription fee to renew your Law Society membership. Lawyers will need to renew their practising certificates by completing the fit and proper declaration online this year (see story on page 19). Payment options remain the same as previous years.
Proposed web site ‘irresponsible’
the Sensible Sentencing Trust to launch a web site said to be designed to “out bad judges”. The Bar Association joins with the Minister of Justice and the AttorneyGeneral in condemning the proposal, Bar Association President Stephen Mills QC says. The Bar Association considers that the Sensible Sentencing Trust’s proposed launch of the website is irresponsible and inconsistent with its professed aim of being sensible, Mr Mills says. “The association hopes that the trust will reconsider its plans.”
Confidential Listening Service extended The Confidential Listening and Assistance Service will be extended until 30 June 2015, Internal Affairs Minister Chris Tremain announced on 15 April. The service has been operating since mid-2009 to provide a confidential environment in which people in state care before 1992 can voice their concerns about abuse, neglect, or the way in which they were treated. More than 700 people have shared their experiences with the Confidential Listening and Assistance Service since 2009. Extending the Service through to 2015 will provide the opportunity for the estimated 250 remaining registered and potential participants to have their stories heard, Mr Tremain says. People can find out more about the service via the website www.listening. govt.nz or by phoning 0800 356 567.
The New Zealand Bar Association says it “strongly deprecates” the proposal by
ISSN 0114-989X 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.
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Legal research in New Zealand Universities By Elliot Sim
PBRF – a Good Measure of Teaching Quality?
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h e re c e n t l y re l eased Performance-Based Research Fund (PBRF) may not give prospective law students and parents an accurate guide as to the quality of education they are likely to receive. What the PBRF does show is that New Zealand’s law faculties are providing high quality research for the common good. It also shows that law is performing well against other university faculties. The PBRF measured the quality of research performance with a key objective of ensuring excellence of research in tertiary education. The interim report will be followed by a final report in August this year after the complaints process has ended. The interim results for law faculties showed that Victoria University has the highest quality score,
ahead of Otago University (by 1 per cent) with Auckland University in third place. TeamFactors.com principal and legal commentator Ron Pol says the rankings which determine universities’ overall credentials are limited and that the performance of law schools should be less about “outputs” and more about good “outcomes” for society. Mr Pol says a government organisation or business seeking specific academic research might be attracted to a high ranking university, as would a lawyer using research in a case which better helps a client obtain a desired outcome. Rankings based on research quality would be useful in those circumstances. However, a university that hypothetically creates 1,000 pieces of research, he says, may not be any better than another which produces 500 over the
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same period, or which for other reasons achieves a lower ranking based on research quality, because it may be putting resources into other areas which generate more meaningful outcomes for society. “One university might be focusing vast amounts of its resources into producing the outputs of peer reviewed research and get very high rankings accordingly. Meanwhile, another university – while still producing excellent research – might be devoting more of its resources in a comparative sense, to better advancing the understanding of their students in these areas.” Graduates in the latter situation may leave law school “much more capable of achieving personal and professional success for themselves and their
nZ Law foundation nEW ZEAlAnD lAW Foundation director lynda hagen says the foundation is currently funding 50 projects. She says it is New Zealand’s only funder of “pure” legal research and that the projects it supports are not directly tied to public policy development or commercial interest. “We support work that develops legal expertise on major and emerging public policy issues through our grants and scholarships programmes.” She says applications are decided on their merit and the need for the work. The foundation follows key principles which it applies when deciding to award a grant: ▪ Every grant must be made for charitable purposes within New Zealand. ▪ Innovative, high quality initiatives and projects are preferred. ▪ Projects must be seen as having a practical impact, either immediately or in the foreseeable future. ▪ Projects should benefit a significant number of people relative to the funds employed or be of national significance. ▪ Projects should be of national rather than local benefit. The decision to fund a project “comes down to need and impact balanced against cost”, says Ms Hagen. “If a project costs $100,000 but has a narrow window of benefit, then we are not likely to fund it. Whereas, if it costs $100,000 and will end up clearly having an impact for a broad sector of New Zealand – for example it will lead to law reform or greater public understanding about a significant legal issue – then we are more likely to fund that.”
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clients”, he says, “than students who may have been comparatively neglected in another university whose professors were more focused on producing vast amounts of peer reviewed research.” If funding is going to law schools based on the ranking in excellence of quality research “then there is a real danger that we are funding for an output and ignoring the broader outcome for society that we may actually intend”, according to Mr Pol. “If we are funding based on certain outputs, people will naturally focus on those outputs and produce more and better research. This will, of course, produce valuable outcomes too, but will not necessarily produce better outcomes for society.” A better policy setting could achieve better results for society, says Mr Pol, such as better preparing individuals for practising law once they have graduated. He says most universities do very well in both preparing students for the workplace and producing quality research but “as funding gets more and more focused, perhaps the end result could be that we end up with worse outcomes for society”. “As a consumer, I’d much rather attend (or send my child to) a university that produces graduates more capable of being great lawyers and delivering more value to their clients and society, than a university which focuses more of its resources on producing quality research. “I think universities are caught between a rock and a hard place. They really do want to do all of that, but when funding mechanisms are based on simplistic easy-to-measure outputs, rather than admittedly harder to measure outcomes for society that we are trying to achieve, they face very difficult choices. This is because the ‘output’ measure of
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research quality, which may have been intended as a proxy for ‘outcome’ measures of education quality, is not an accurate proxy for those outcomes at all. “Overall, our universities are doing a tremendous job in many areas. Unfortunately, the policy settings are such that they’re being pushed in a particular direction which is not necessarily achieving the best outcomes for society.”
University Research – Types of Research and Funding U n i v e r s i t y o f o tA g o Otago University law faculty dean Professor Mark henaghan says individual academics decide on the research they want to do based on their fields of expertise. “Research covers a wide spectrum from the theoretical right through to the practical. In order to publish a book or in journals, the research will be peer reviewed by other academics in the field to see that its methods and reasonings are sound,” he says. Part of the job of academics, according to Professor Henaghan, is to carry out research, and if it is of a doctrinal nature, it can be done by the academic doing their own searches. Law faculties have research assistants who help with the search process. For more empirical type research, grants can then be applied for, at which point the New Zealand Law Foundation becomes essential. “The foundation has made available many grants
otago University Law Research Which Will be of interest to Lawyers: ▪ Research into the application of the Commerce Act. ▪ Research into how the Credit Contract Act is working. ▪ Research into a variety of aspects of criminal law – defence of mistake, homicide, self-defence, parties to offences, offences against property, attempts to commit crime. ▪ Research into how contracts should be interpreted. ▪ Research into all aspects of how the relationship property legislation is working. ▪ Research into New Zealand’s legal history – in particular the history of our property laws. ▪ Research into legal ethics. ▪ Research into community treatment orders under the mental health legislation. ▪ Research into the impact of emerging technologies on the law. ▪ Research into our electoral law. ▪ Research into our tax system. ▪ Research into securities regulations and how they are working. ▪ Research into our sentencing laws and how they are being interpreted by the courts. ▪ Research into various aspects of family law – relocation cases, international commercial surrogacy, the Hague Convention and international adoption, marriage equality legislation. ▪ Research into how statutes should be interpreted. ▪ Research into how the Evidence Act is working. ▪ Research into discrimination and human rights law. ▪ Research into all aspects of trust law. ▪ Research into how the new Wills Act is working. ▪ Research into how law and politics should work as systems. ▪ Research into how the courts carry out judicial review. ▪ Research into all aspects of privacy and employment law. ▪ Research into a wide range of Treaty of Waitangi issues such as water rights, national park rights, land rights. ▪ Research into corporate governance. ▪ Research into all aspects of medical law. ▪ Research into intellectual property law and how it is working. ▪ Research into aspects of tort law. ▪ Research into what causes some civil cases to take longer than others to progress through the courts. ▪ Research into a wide range of aspects of environmental law with a particular emphasis on how resource management laws are working. ▪ Research into the law of restitution. ▪ Research into international criminal law and where it is heading.
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for highly significant research in New Zealand. For example, The Human Genome Project, which I was involved in, could not have been done without the foundation’s support.” He says the Otago law faculty is strong across a wide range of legal areas including: commercial, property, criminal, family, mental health, indigenous rights, trusts, equity, public, international law, medical law, intellectual property, privacy, employment law, human rights, environmental law, emerging technologies law, empirical research on the civil law system, torts, evidence, legal ethics and legal theory.
University of Auckland Auckland University associate law (Research) Professor Janet McLean says there is no permission system for deciding what research can be undertaken. “Law academics, like all other academics in New Zealand, have academic freedom and are expected to act as the ‘critic and conscience’ of society. These are values recognised and protected in the Education Act. “However, one of the ways we measure research quality internally is in terms of its impact, both on the profession and for the wider society,” she says. The university research – as opposed to teaching – is now separately funded by the PBRF system, and the university also draws on the Law Foundation for external funding, according to Professor McLean. She says the university is a strong research performer in all areas of law, with its staff contributing to many of the primary reference works in the field. “In the commercial area we have strengths in company law, restitution, agency, tort, contract law, tax law, equity, arbitration law, maritime law, intellectual property, conflict of laws and property law. “We have strengths in general criminal law, evidence, youth justice and work is being done on the law’s capacity to deal
One of the ways we measure research quality internally is in terms of its impact
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with family violence and mental health issues. Our public lawyers have strength in the bill of rights, administrative law, local government law, Treaty of Waitangi jurisprudence, international law and health law.” Professor McLean says the academic staff is engaged in a number of ways, by giving public lectures, appearing on radio and TV, writing opinion pieces for newspapers, giving evidence at select committees, contributing to Law Commission reforms, leading government inquiries, and some are members of Law Society Committees as well as delivering Law Society continuing legal education. “Some academics also occasionally appear in court. Conscientious practitioners who wish to stay current with the latest thinking subscribe to and contribute to our journals such as the NZ Law Review and the NZ Business Law Quarterly (all available on on–line databases). “The courts rely heavily on the academic analysis and commentary which we produce including courts in other jurisdictions, as do government and law reform agencies.”
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Victoria University of Wellington At Victoria University, individual academics choose what areas of law that they are interested in researching, and if it requires funding that person will seek it out themselves, says the law faculty’s associate dean of law, Professor Susy Frankel. Professor Frankel says there are internal (faculty and wider university) and external funding sources. The latter includes the New Zealand Law Foundation, The Marsden Fund and the former Foundation for Research, Science and Technology. Internal funding, she says, is based on the output of the research and “often relies upon its acceptance for publication in a credible journal”. “External funding is driven by research depth and capability and its ability to produce a practical and useful result. “It is worth noting here that the job of legal academics is to teach and to advance legal thinking about a subject. This is why research-led teaching is the hallmark of good teaching. The law evolves over years, decades, then centuries. Academic publications are one of many significant influences in the development of law.” Professor Frankel says there is research being undertaken which lawyers will find of interest. Examples include: the $1.74 million Regulatory Reform Project, which is a partnership with Chapman Tripp and the NZIER: “Chapman Tripp became involved in the project specifically to provide the practitioner viewpoint.”
A book containing the fruit of this research, Recalibrating Behaviour: Smarter Regulation in a Global World, was launched on 23 April. Published by LexisNexis, it is edited by Professor Frankel and Deborah Ryder, the project manager of the New Zealand Law Foundation Regulatory Reform Project. Another large piece of research is the Legal Māori Project (New Zealand’s first Māori Legal Dictionary is due out next month). More major research can be viewed on the university’s website. Professor Frankel says the legal profession’s uptake in the research once completed depends on “how professionally and intellectually engaged the lawyer might be”. Publication in an academic periodical can be followed by a public lecture, media interviews, conference presentations, a book, book reviews, features in the legal community’s online and print outlets. Professor Frankel says Victoria’s Faculty of Law is particularly strong in: ▪▪ criminal and public laws, especially contempt (Dean of Law, Professor Tony Smith); ▪▪ contract (Professor David McLachlan); ▪▪ international arbitration (Professor Campbell McLachlan); ▪▪ international economic law (Professor Susy Frankel and Meredith Lewis); ▪▪ international law (Professor Campbell McLachlan, Associate Professor Alberto Costi, Joanna Mossop); ▪▪ intellectual property (Professors Susy Frankel and Graeme Austin); ▪▪ legal history (Professor Richard Boast); ▪▪ Pacific Island legal issues (Professor Tony Angelo); ▪▪ tax (Professor John Prebble); ▪▪ public law (Professor Claudia Geiringer and Dr Petra Butler);
The job of legal
academics is to teach and to advance legal
thinking about a subject. This is why research-led teaching is the hallmark of good teaching
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▪▪ constitutional law (Joel Colon-Rios and Mark Bennett); and ▪▪ employment law (Professor Gordon Anderson).
Auckland University o f T e c h n o lo gy AUT law dean Professor Ian Eagles says the law school is new and that most of its researchers have been in academia only since 2009. He says its publications span the full spectrum of legal writing from traditional black letter law to empirical inquiries and research on how law students learn. Ongoing and yet-to-be published research is currently centred on areas where AUT feels it is particularly strong including: public law, property, corporate and commercial, environmental and resource management, intellectual property, regulation and competition, taxation and criminal law. Sources of funding, according to Professor Eagles, are “few and far between for legal academics” when compared with those available to their colleagues in the hard and soft sciences or business. “The New Zealand Law Foundation is really the only source. Currently we have two grants from them, one for a project looking at the Supreme Court in its first decade and the other for an investigation of fossil fuel subsidies,” he says. The university presents its findings within local and international journals. “Members of the profession who were specialists in a given area would probably read both. Most New Zealand competition or tax lawyers, for example, would know their way around the relevant Australian, North American and European sources; similarly with intellectual property. “We also acknowledge a duty to keep the wider profession abreast of significant developments by writing for the New Zealand Law Journal or local specialist journals such as the Resource Management Bulletin,” says Professor Eagles.
U n i v e r s i t y O f Wa i k at o Waikato University law dean Professor Bradford Morse says each person in the university’s teaching staff designs his/her own research agenda. “If colleagues decide to write an article, a book c h a p t e r , a book, or a short piece for LawTalk or NZ Lawyer, they entirely do that on their own.” Professor Morse says legal scholars are one of the smallest pools of applicants in New Zealand for research funds within and outside universities. He says having research funds enables use of graduates and LLB students as research assistants, which provides more research and a higher level of productivity as well as better quality research. Professor Morse says there are two pathways for getting funding for research – by applying within the university for small projects and externally for larger ones. “In New Zealand the opportunities in that regard are woefully thin. In terms of external research funds we really only have the wonderful New Zealand Law Foundation first and foremost, having provided $16 million since 1992. The Legal Research Foundation in Auckland also exists, but provides very small grants. The only other purely research source for funds is Marsden,” he says.
In New Zealand, the opportunities [to get funding for research] are woefully thin
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the Maori and Indigenous Governance Centre is also leading the way in research on indigenous rights
You can “count the number of law academics who have received Marsden grants on one hand since it was established in 1994”, according to Professor Morse. Some research projects may also be funded by government departments for specific purposes but it is rather “serendipitous” for an academic to apply and gain funds to do the research. The faculty, according to Professor Morse, is leading the way in environmental law, natural resource law and energy law. Te Piringa – Faculty of Law has created the Centre for Environmental, Resources and Energy Law (CEREL), directed by Professor Barry Barton, which carries out significant environmental research and attracts PhD students. Members are active in teaching and research on the law concerning environmental protection, biodiversity, climate change, energy efficiency, renewable energy, heritage conservation, pollution control, water allocation, natural resources management, and the position of Māori and other
indigenous peoples in relation to the environment. The faculty works in an interdisciplinary manner with researchers in related fields both locally and overseas. Other strong areas include dispute resolution, international law (both private and public) including environmental, transnational criminal law, law of the sea, law of armed conflict and human rights. Professor Morse says the Māori and Indigenous Governance Centre is also leading the way in research on indigenous rights generally and especially regarding more effective governance, both nationally and internationally. “It’s reflective of the fact that the University of Waikato and our faculty of law has the largest number of scholars on Māori and indigenous legal issues and the most Māori law academics of any other law school.” He says research findings are communicated through law journals, books, hosting conferences, workshops, government reports and increasingly online.
The ColleCTion of The lATe niCholAs Browne Auction Tuesday May 14 at 6.30pm Catalogue online www.artandobject.co.nz 0800 80 60 01
Andrew McLeod, Untitled, acrylic on linen, 265 x 185mm $2800 – $4000
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Associate Professor Chris Gallavin, University of Canterbury’s Dean of Law
Photo courtesy Canterbury University
U n i v e r s i t y o f Ca n t e r b u ry Associate Professor Chris Gallavin, Canterbury University’s law dean, says that in the past research had been entirely scholar-led, meaning that it was for the scholar to decide what and where to publish, present, and deliver. “Funding sources in law at Canterbury have been and are of the traditional kind – a mix of internal funding from an internally resourced research fund and external funding – such as the Law Foundation or at times industry sponsorship. “The latter is rare however – particularly in law as ‘industry’ is a highly variable term depending on one’s area of interests.” Dr Gallavin says the operation of the university’s internal research fund has been based exclusively on a competitive model with all academics put in the mix for an allocation for research and other expenditures for conferences etc. “Scoping funding is available for bigger projects along with the extensive use of research assistants. “The acceptance procedure is largely based around
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We need to make better use of practitioner-based publications ... but of course in the PBRF environment staff have been unwilling to spend time on such publications due to the perception of their lack of value
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the utility of the proposed research in terms of the professional development of the scholar as opposed to a substantive analysis of the merits of the research.” He says typical questions include: will this result in a research output? How will it increase the standing of the researcher and/or contribute to the research environment? “As you can see the PBRF has had a significant effect upon the type of questions asked and therefore by a side wind through this process, it has had an effect on the type of research completed by scholars,” says Dr Gallavin. He says due to the difficulties faced by wider Christchurch, the need of the wider community, difficulties faced by the university and the thrust of central government policy there has been a noticeable move toward cross-disciplinary research. Dr Gallavin says the law school is strong in disaster management, international law, public law and land management. “Research has become more diversified, community relevant and ultimately more interesting and practical to our community. “Disaster management is a key element of research for many scholars at present. “This area spans topics from public law (civil and governmental structures under the broad rubric of ‘governance’ to RMA issues and broader land
management and construction issues). “We also have a steady stream of real world issues that come to our attention as a result of our post-quake environment. They represent a variety of public interest issues from the closure of schools to disputes over the operation of CERA and the zoning of parts of Christchurch,” Dr Gallavin says. Dr Gallavin is very candid in answering whether research results published in a university law review or other legal periodical are sufficient to bring it to the attention of New Zealand lawyers. “We have the Canterbury Law Review but no, I do not think such university law reviews are sufficient of themselves. “We need to make better use of practitioner-based publications such as LawTalk, the New Zealand Law Journal, NZ Lawyer, and Canterbury Tales, but of course in the PBRF environment staff have been unwilling to spend time on such publications (as brief and easy as they may be) due to the perception of their lack of value. I think that is a shame and perhaps an unintended consequence of the PBRF. “The days of scholars rising to professor on the back of pithy articles in the New Zealand Law Journal making a significant contribution to the practice of law in New Zealand appear to have ended. But such articles play an important role. We need balance and not one or the other.”
Breaking it Down
6.4 6.3 +1.0
+0.7
Data from the 2012 Performance-Based Research Fund (PBRF) Interim Report. A final report will be released in August following the outcome of the complaints process.
5.8 5.6 -0.2 +0.1 5.2 +1.0
The PBRF aims to ensure excellent research in the tertiary education sector is encouraged and rewarded. The 2012 interim report outlines the results of tertiary education organisations’ research performance following a quality assessment of their work. It then funds them on the basis of these results.
3.6
Highest quality score
N/A
6.3 — V i c t o r i a 86% — O t a g o
AUT *
W a i kat o
Ca n t e r b u r y
A u c kla n d
Ota g o
Victoria
Highest proportion staff rated A or B
* Business and Law No data avaliable for previous years
Highest rank against other academic units at same institution
1 st — W a i k a t o
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pEOpLE In THE LAW Law firms and practitioners are invited to send in announcements of appointments, promotions, retirements or other information for this column. Submissions may be sent to editorial.lawtalk@lawsociety.org.nz. If possible, please include colour photographs of any persons mentioned. Image files should be print resolution of 300dpi, minimum of 500px wide for headshots, 2000px wide for group shots. JPEG or TIFF format acceptable, GIF unacceptable. If digital files are unavailable, hardcopy photographic prints of minimum 10cm x 15cm may be sent to LawTalk, DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145. We will endeavour to return hardcopy photographs, provided a return address is included.
PEOPLE Mediator of the Year in the 2012 Law Awards geoff Sharp has been invited to join Temple’s Brick Court Chambers as a door tenant. Brick Court is a leading set of commercial chambers with a presence in both London and Brussels and around 80 barristers. While remaining very much based in New Zealand, Geoff says he is delighted to be associated with a number of Europe’s most active mediators working out of Brick Court and will take the opportunity to further develop his cross-border mediation practice from London on regular visits. The Ministry of Justice has appointed 14 new Service Delivery Managers as part of the new District Court management structure. The Service Delivery Managers are responsible for end-toend customer service, business and performance management, stakeholder engagement and people leadership. They are: gary Trigg (Northland), Dan Brady (Auckland), James Jefferson (Manukau), Marvynne Ashley (Waikato), Dan o’Brien (Central North Island), Jason Strangwick (Bay of Plenty/Coromandel), Mick lander (East Coast/Hawke’s Bay), Richard Williams (Manawatu/ Wairarapa), Mark Poppelwell (Taranaki/Whanganui), John huston (Wellington), John houghton (Nelson/Marlborough/West Coast), Rose cavanagh (Canterbury), Dave
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Miller (Otago/South Canterbury) and Robert loo (Southland/Central Otago). Another key change the ministry has introduced is the creation of regional support services teams. All support services operations across the Central and Southern regions will be centralised in two teams, similar to how Auckland regional support services structures have been centralised at the Auckland courthouse. The two new regional support services manages are Peter Mclellan (Central) and Sally goyat (Southern). Kevin Smillie continues as manager of regional support services in Auckland Metro.
Auckland lawyer David clark has been appointed chair of the Building Practitioners Board from 30 June. He will succeed long-serving chair Alan Bickers. Mr Clark, who has been a lawyer of 25 years, has been deputy chair of the Building Practitioners Board since 2005. The board was established under s341 of the Building Act 2004. Its functions are to approve rules relating to licensed building practitioners; investigate, hear complaints and discipline licensed building practitioners; and hear appeals against decisions of the Registrar in accordance with the Act.
Wellington barrister Peter Dengate Thrush has been re-appointed chair of the Electricity Rulings Panel for a term of three years. The Rulings Panel is established under the Electricity Governance Regulations to the Electricity Act 1992. It determines disputes and hears appeals arising in the electricity industry. Mr Dengate Thrush is a specialist intellectual property, IT and technology lawyer. He is a past chair of InternetNZ, the Asia Pacific Top Level Domain Association, and the Internet Corporation for Assigned Names and Numbers. He is on the board of several technology companies, and is a member of the NZ Copyright Tribunal.
Simon Allen has been reappointed chair of the Financial Markets Authority. He has been reappointed for an 18-month term which began on 1 May.
Independent consultant Tina Symmans has been appointed to the Takeovers Panel for a term of five years. Ms Symmons is chair of William Warne Ltd. Previously she was a director of PSIS New Zealand Ltd, now known as the Cooperative Bank, Turners and Growers and Director of Corporate Relations at Telecom NZ. She succeeds Keith Taylor who is leaving the Takeovers Panel after seven years.
Three law students have been awarded Ngārimu VC and 28th Māori Battalion Memorial scholarships. Te Rina Popata and Pania newton were among the five undergraduate scholarship award winners, while horiana Irwin was the only Masters scholarship recipient. Horiana has been accepted to study towards an LLM at Harvard University. Her intended study will focus on environmental legislative and regulatory frameworks that govern extractive industry (with a particular focus on oil and gas).
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ON THE MOVE Sally Woods has joined Cook Westenra Ltd in Whangarei as a lawyer working predominately in family law and ACC law. Sally was previously at a firm in Dunedin and has returned to Whangarei where she hails from. Shafraz Khan has been made a partner of Fortune Manning Lawyers, heading its specialist transport team. Shafraz will continue to advise clients in commercial litigation and employment health and safety. Before working at Fortune Manning, Shafraz worked in Fiji specialising in insurance
litigation and then moved to Wood Ruck Manukau. Shafraz has been with Fortune Manning for six years. In the last issue of LawTalk, we printed the following item about Edward Dunphy, but with the incorrect picture. Edward Dunphy has joined Anthony Harper in Auckland as a property partner. Ed is well known for his work with clients who operate in a variety of industries, as well as advising on significant consortia contracts on major infrastructure projects. We reprint the item with the correct picture, and with apologies. Paramjeet Pabla (Jamie) has commenced practice as a sole practitioner in Manukau. Jamie will be trading as Pabla Law and
can assist with property transactions, commercial leasing, sale and purchase of a business, estate planning, estate administration and relationship property. Jamie is happy to assist in circumstances where independent legal advice is required (enduring powers of attorney, contracting out agreements, where a conflict of interest might arise). Jennifer caldwell has re-joined Buddle Findlay’s Auckland office as a partner in the environment and resource management team. Jennifer recently returned to New Zealand after five years in the United Arab Emirates, where she was the legal director of a listed property development company. Jennifer has particular experience in the local government sector and the consent and regulatory aspects of infrastructure projects.
Raise the bar on your
law CaREER Thinking of an LLM as the next stage of your law career? To gain a true competitive edge, study with a law school ranked as New Zealand’s best and in the top 1% in the world. You may be looking to boost your career, specialise in your chosen discipline, command a higher salary, work overseas or further challenge yourself. Whatever your motivation, we can help you achieve your goals. If you are already in the workforce we offer flexible programmes so you can earn while you learn. Give your career a boost by enrolling for a postgraduate law degree from New Zealand’s leading university. For further information visit www.law.auckland.ac.nz or call 0800 61 62 65
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InSpECTORS' BRIEFCASE
The team (from left) Jason Lamont (Auckland); John Hicks (Wellington); Tim Maffey (Auckland); Mark Anderson (Auckland); Iain Watson (Wellington); David Littlefair (Otago); Jeremy F Kennerley (Wellington – Financial Assurance Manager); Joan Lowe (Waikato Bay of Plenty); Philip Strang (Christchurch) and Lucy Wesley (Wellington – Administration Assistant). Absent – Elja Peddie (Auckland – Admininstration Assistant). Photo: Frank Neill
financial Assurance scheme: meet the inspectorate BY JEREMY F KENNERLEY, FINANCIAL ASSURANCE MANAGER AS PRovIDED FoR In PART 8 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (Regulations), the New Zealand Law Society operates a financial assurance scheme for the purpose of protecting clients’ money entrusted to lawyers in practice. Parts 5 and 6 of these same regulations respectively establish and empower the inspectorate team in its operational capability.
the team The team comprises 11 people: eight national inspectors, one full-time administrative assistant, one part time administrative assistant and a financial assurance manager (and part-time inspector). The team is pictured above at its February inspectors’ meeting. The inspectors come from varying backgrounds and skill sets and operate within the geographic regions referred to above. The group’s experience includes: qualified chartered accountants, internal audit certification,
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qualified lawyer, legal and accounting professional services firm experience, the Police, corporate accounting, trust accounting, forensic and investigatory skills, not-for-profit chief executive experience and statutory auditing. The inspectorate’s key functions are: 1. carrying out national review inspections of firms’ trust accounts as detailed in r 29 of the Regulations and in accordance with the new risk management framework; 2. completing investigations following appointment under s144 or s109 of the Lawyers and Conveyancers 2006 (LCA); 3. undertaking s30 interviews for lawyers applying to practise on own account; 4. carrying out duties as instructed following an intervention in practice (s162-s170 LCA 2006); and 5. assisting NZLS CLE Ltd with the delivery of the Trust Account Administrators, Trust Account Supervisors and Stepping Up
professional training courses and subsequent assessments.
trust account supervisors A firm in practice can only have one principal registered with the Law Society as the Trust Account Supervisor (TAS), formerly known as the Trust Account Partner (TAP). More than one lawyer for a firm can be TAS qualified but for this qualification not to expire in the three-year period following the TAS course, it is necessary for the individual to have actually undertaken the TAS role within the firm continuously for a period of at least nine months. To meet best practice it is suggested that firms who have more than one TAS qualified principal, should rotate the TAS role (such as year about). Any changes to a firm’s TAS must be notified to the Law Society’ Registry, as required by r 18(1) (e) of the Regulations, in a timely manner and preferably in advance of events occurring. Where firms are forced to make a
InSpECTORS’ BRIEFCASE
change in their TAS arrangements, it is recommended that r 19 and 20 of the Regulations are carefully reviewed to ensure continued compliance. The inspectorate can assist with any interpretation if required.
practice financial health In the new risk management framework article (LawTalk 816, 12 April 2013, p19) reference was made to the “practice health” of a law firm. When inspectors are visiting a lawyer in practice they ask for the following financial information pertaining to the practice: ▪ practice account details; ▪ bank statements; ▪ overdraft limit/arrangements; ▪ financial statements for the firm; ▪ profitability; and ▪ any other significant factors such as staffing issues or major client changes. Generally, this is covered in the entry interview with the TAS or firm’s representative. The information is sought
simply to assist the inspector form a view over what risks the practice faces. Any information viewed and discussed is done so in complete confidence and the inspectors do not take copies of any such information for the file. Our practice is to peruse such information at the firm’s premises.
inspectorate charges, Who pays for a Review? An annual fee of $385 (plus GST) payable by all barristers and solicitors practising on own account operating with or without a trust account is to fund the operation of the inspectorate. This fee enables the inspectorate to carry out all of its functions and to visit and review lawyers. Regulation 28 of the Regulations allows the inspectorate to charge for any or all of its time incurred in a review. Infrequently practices have been charged additionally with respect to the time and costs associated with their reviews. The reasons have been where:
▪ additional or new work was necessitated by a re-visit; ▪ third and subsequent visits relating to an initial review visit are required; ▪ the practice was non-compliant in significant matters; ▪ the practice was simply unprepared for the review; ▪ extensive instruction and education of the lawyer was required; ▪ the lawyer was deemed to have breached the rules or regulations; and ▪ all high risk review work requiring annual or more frequent visits. Over and above the base inspectorate levy, the user pays principle is to apply, with discretion. The hourly rate charged for any additional work is $160 (plus GST) from 1 July 2013. If anyone has further questions or requires any assistance please contact the Law Society’s Inspectorate through the Financial Assurance Manager jeremy.kennerley@lawsociety.org.nz or (04) 463 2936.
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REGULATORY
Practising certificate renewal moving online New Zealand lawyers are asked to renew their practising certificates for the 2013/14 year online. Until now lawyers have been able to renew online or complete a hardcopy form sent to them by the New Zealand Law Society and mail it back by the due date. The postal renewal option for your fit and proper declaration will no longer be available for 2013/2014 practising year renewals, which begin this month, the Law Society says. Payment can still be made via credit card online, direct credit or cheque. All New Zealand lawyers who hold a practising certificate are issued with a unique user ID which can be used to check the details of their practice (including the fields in which they practise) held by the Law Society and to amend their personal details when they change. Lawyers will be required to renew their practising certificates by using their user ID and password. The user ID is printed on a lawyer’s practising certificate. Any lawyer who does not know his or her password is able to reset it. Once online, the lawyer will need to make a personal declaration that they have not been involved in any conduct over the previous year which makes them an unsuitable person to continue in legal practice. Completing that declaration will constitute an application for a practising certificate, since only lawyers seeking a practising certificate need to make the declaration. The move to online renewal has been driven by a drive to hold administrative costs and reduce delays, the Manager of the Law Society’s Registry, Lisa Attrill, says. “We had to key in all information provided by a lawyer who renews their practising certificate by mail,” she says. “Obviously this is time-consuming and costly and can cause delays in the receipt of new practising certificates by some lawyers.” Anyone who wants to call him/herself a lawyer and to provide a wide range of legal services is required to hold a current practising certificate issued by the Law Society. These must be renewed each year. The Law Society Registry is required to advise the Legal Services Agency, Land
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Information New Zealand (LINZ), the courts and the profession of the names of lawyers known to have been in private practice and offering services directly to the public who have not renewed their certificates by the due date, nor advised the Society that they were ceasing practice.
What is the deadline for the Law Society to receive my renewal application and payment? The online renewal application (the declaration) and payment is required under the Lawyers and Conveyancers Act 2006 (LCA) and must be completed by 30 June 2013. While your declaration needs to be completed online, payment can either be mailed or completed online. The Law Society Registry is requesting everyone to complete their application by 14 June. This deadline has been set to allow for delayed declarations or payments, and provide time for the printing and distribution of new practising certificates before 1 July. Law firms, other employers and third parties will be able to pay on behalf of their lawyer employees by credit card, direct credit or cheque.
My employment/practice details have changed. What do I need to do? If your details have changed since you last informed Registry, you should update these using the online change of details form. It is at www.lawsociety.org.nz/home/for_lawyers/ forms/forms/registry_lawyer_change_ of_details. If you have any queries, you can contact Registry at registry@lawsociety. org.nz or phone 0800 22 30 30. Employment details cannot be updated online to ensure data integrity. You will need to contact Registry to have these changed.
What if I want to commence practice between now and 30 June? Anyone applying for a practising certificate after 3 May 2013 will be issued with an invoice which covers the remainder of the practising year to 30 June 2013, and another for the fees for the period 1 July 2013 to 30 June 2014.
I have read the declaration and I am unsure whether I need to disclose a certain matter. What should I do?
If you are unsure, it is best to either declare the matter to the Law Society, or contact our Registry to discuss it further. This component of the declaration is intended to cover (but is not limited to) such matters as criminal convictions, bankruptcy or a mental illness that could affect your fitness to practice. You may be requested to provide further information.
I no longer require a practising certificate after 30 June 2013. What do I need to do? Please contact the Registry (contact details are above). This will enable us to advise you of your options and to ensure you avoid receiving reminders about renewal.
What happens if the Law Society does not receive my renewal application (fit and proper declaration) or payment until after 30 June 2013? If payment is not received or your declaration is not completed, you will not be considered to have renewed your practising certificate. You will therefore not hold a current practising certificate and your name will not appear on the Register of Lawyers. It is an offence to practise law in the reserved areas of work (see s6 of the LCA) or to describe yourself as a lawyer (see s21) without holding a practising certificate. After 1 July 2013, you will be required to complete a new application form for a practising certificate. The names of those who do not notify the Law Society that they are not renewing will also be supplied to Courts, Land Information New Zealand and the Ministry of Justice, and published to the profession as appropriate.
I have a current Landonline digital certificate and can “certify and sign”. What do I need to know? If you have a current Landonline digital certificate and the ability to “certify and sign” instruments, you are required to have a current practising certificate. Please be aware that if you have not renewed your practising certificate by 30 June 2013, you are at risk of having the ability to certify and sign removed from your digital certificate by Land Information New Zealand.
MOvInG TOWARDS CpD A Law Society initiative will require all New Zealand lawyers to complete a minimum level of continuing professional development (CPD) each year. We continue our series to provide information on the progress towards CPD and how it will work.
Implementation What are the latest developments? The New Zealand Law Society’s Council approved the proposed CPD Rules at its meeting in Wellington on 19 April. The proposed Rules and the accompanying guidelines may be viewed on the CPD webpage www.lawsociety.org. nz/home/for-lawyers/regulatory/ continuing-professional-development. The proposed Rules will now be sent to the Minister of Justice for her approval as required by s100 of the Lawyers and Conveyancers Act 2006. Subject to obtaining this approval, the first CPD year will run from 1 April 2014 until 31 March 2015. During this period lawyers must create and maintain a CPD plan and complete, record, document and reflect on 10 hours of CPD. 1 October 2013 to 31 March 2014 will be a transitional period. Lawyers will be entitled to bring forward up to five hours
A Modern & Innovative Scheme
of CPD activities from this period into the first full CPD year.
Planning
The CPD Rules require each lawyer to take responsibility for identifying and fulfilling their own learning requirements. Planning is an essential part of this process for every lawyer.
What are the key tasks i’ll need to complete to plan my cpd? To identify and fulfil learning requirements, you will need to develop a continuing cycle with these ingredients: ▪ self-assessment; ▪ making an action plan; ▪ taking action; and ▪ reflecting on what you have learned/ what you will do differently/what else you need to know/be able to do.
What will i gain from planning? Planning offers many advantages. A couple of these: ▪ The need to plan CPD activities helps to ensure lawyers choose CPD activities that are most relevant to them at all stages of their careers. Learning needs change over time, along with learning opportunities and learning styles.
In approving the proposed rules for Continuing Professional Development, the Law Society “is introducing a modern and innovative scheme which is driven by current educational thinking,” the Society’s President, Chris Moore says. “It is a big step forward from the more traditional approach to continuing professional development. “Individual lawyers will be responsible for identifying and fulfilling their own learning requirements through a structured process of self-assessment and reflection.” It is intended that the Rules will come into force on 1 October this year, with a transitional period until
▪ Self-reflection leads to insights and self-awareness which in turn promotes a culture of life-long learning. This is a key objective behind introducing CPD in New Zealand.
does anyone bother planning their cpd at the moment? The majority of New Zealand lawyers recognise the need to plan their CPD activities. A recent New Zealand survey found that 28% of respondents personally planned their CPD activities, while another 24% reported their firms did it for them. A further 42% said they planned their CPD but in a somewhat informal and ad hoc manner. Only 4% said they didn’t plan their CPD while 2% said they did not know.
is there a planning manual or methodology? There is no one way to approach planning. Many law firms and organisations already have their own planning processes in place, so no specific planning process has been mandated in the CPD Rules. Plans will not need to be unduly detailed or time consuming, but they will need to include the following: ▪ learning needs; ▪ proposed actions; ▪ activities undertaken and the details; and ▪ reflections on each activity.
the first full CPD year begins on 1 April 2014. Lawyers will be entitled to bring forward up to five hours of CPD activities from the transitional period into the first full year. Mr Moore says that through research and consultation it was clear that there was already a widespread culture of continuous learning by New Zealand’s lawyers. “We know the legal profession is ready for introduction of a formal CPD initiative. Our overriding objective is to maintain and develop a high standard of legal services for the benefit of all New Zealanders.”
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pROFESSIOnAL DEvELOpMEnT Secrets of Success: how to lead your firm to prosperity BY IRENE JOYCE The second of two articles introducing a new NZLS CLE LTD programme “Secrets of Success” In ThE PREvIouS ARTIclE (LAWTalk 816, 12 April 2013, p18) I that the first secret of success is to acknowledge and accept that if you are a law firm partner then you are, a proprietor – a business owner. To achieve success means really embracing this role and demonstrating “the courage and commitment of leadership”. So why is leadership needed more than ever in New Zealand law firms today? Why is it the primary secret of success?
trends in the nZ legal profession A good starting point is the recent report in LawTalk entitled A Snapshot of the New Zealand Legal Profession (LawTalk 815, 28 March 2013). The report provides some very interesting data on trends in the profession. It shows, without doubt, that the face of the legal profession is changing significantly in this country. Leadership in law firms is strongly needed to meet the challenges that will ensue: to make innovative decisions, to plan for an unfamiliar future, and at the same time to strengthen the confidence of clients and the pride of staff in the relevance of services provided by the firm. Among other things, the NZLS report shows that: 1. The total number of legal practitioners in New Zealand today is 12,005. That is one lawyer to every 372 people. Compare this with 1 dentist to every 1,702 people. Lawyering is competitive. 2. 60.7% of lawyers admitted in 2012 and practising in NZ are female (up from 54.4% in 2002). The legal profession is changing. Firms that don’t adjust to accommodating the expectations of women lawyers are severely limiting their pool of talent. 3. Admissions have increased from 293 in 2009 to 925 in 2012. There is a glut of lawyers of varying quality. But the path to partnership is getting longer and harder. Conclusion? New career path strategies are needed to encourage retention of
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good lawyers. 4. Some areas of the country are over supplied with lawyers while some have a shortage. Do you know the statistics for your area and the impact this may have on your prosperity plan?
the leadership challenge Are you aware of firms in your area that 10 years ago were just “one of the pack”, and that are now out-stripping other local firms in profits and growth? It is highly unlikely that these successes happened by chance. These firms have planned and carried out deliberate change strategies. They have put leadership into action. This has been necessary because it is not only the legal profession that is changing. The face of industry as a whole is undergoing upheaval. Social norms are changing as are demographics. In every area of functioning, New Zealand is not the same country as it was 15 years ago. Some people might rue the loss of the isolated rural idyll that was once New Zealand. Others will relish the new cosmopolitan country that it is growing into, and the business opportunities that these developments bring. Effective leaders and responsible law firm owners will anticipate opportunities provided by a changing landscape. They will identify threats and opportunities, analyse the competition, work out ways to differentiate the firm’s services, build niche work types, and reinvent service delivery. And they will do it first. This is the leadership challenge. If you wait until everyone else is on the bandwagon it is too late, just crumbs remain.
prosperity planning In my last article I asked whether your firm has a “prosperity plan”. A prosperity plan provides a clear vision for a firm’s future success and how that might be achieved. An effective prosperity plan is not just about
money in, money out on an annual basis. It takes into account the various influences, current and future, that might impact on a law firm’s viability and success. Instead of waiting for changes in the environment to happen, and then dealing with them retrospectively, a firm with a prosperity plan will anticipate potential opportunities and have strategies for capturing elements of new or emerging markets. In addition to effective planning for a future vision, the leaders will harness the motivation of everyone in the firm to realise a prosperous future for the firm and for themselves. Management expert Peter Drucker sums up the leadership role when he says: “The pertinent question is not how to do things right, but how to find the right things to do, and to concentrate resources and efforts on them.” To work on these leadership and planning issues for your firm, you are invited to attend the Secrets of Success workshops scheduled for six centres around the country. Places are limited. The workshop will take you through the 10 elements that you will need to consider for your firm’s prosperity plan. You will practise leadership thinking. You will also get the tools you need to continue the leadership in action journey with your partners. Go to www.lawyerseducation.co.nz to book your place. Irene Joyce of Professional Edge has been assisting law firms with business strategy for the past 17 years. She runs programmes for NZLS, including being a presenter on the Stepping Up course. Irene is also a lay member on one of the Auckland Standards Committees. She has developed the Secrets of Success half day workshop which will run in several centres this year.
LETTERS TO THE EDITOR M o re I L LU MI nAt I o n P L e As e Thank you for the very illuminating “Snapshot of the New Zealand Legal Profession” (LawTalk 815, 28 March 2013) setting out both current and historical trends in our profession. However, a fundamental omission from the snapshot was the actual record of first time practising certificates issued to qualified candidates, which is a requirement of getting the first foot on the rung of a legal profession. There are extremely healthy numbers of new lawyers gaining admission (925 in 2012, 2,665 over the last three years) but this is not an indicator of career progression. The ongoing global financial crisis might have temporarily suppressed career opportunities, but it appears our law schools maintain a false expectation that a career in the law is a realistic expectation for most of its graduates, and we now face an era of structured unemployment or underemployment of newly admitted lawyers. In the New Zealand Law Society/Momentum Legal
Law Society Communications Manager GEOFF ADLAM replies: Mr Greig poses an interesting question and hopefully the following information will assist. The caveat is that we’re not totally comparing apples with apples – maybe one variety of apple with another. Data on “first time” practising certificates issued is difficult to extract, and before 2008 practising certificates were issued by District Law Societies. However, the data below may help. The first table below shows all practising certificates held at 1 March 2013 (when the Snapshot was prepared) and the year a practising certificate holder was admitted, along with the number of admissions in that year. What it shows is that of all the people admitted in 2012, 57.8% of them held a practising certificate at 1 March 2013 – so just over 40% did not hold a practising certificate on that date. Looking back through to 2005, the information appears to indicate that one-third of lawyers admitted probably never take out a practising certificate – but may, of course, secure employment in many legal advisory roles or elsewhere. I’ve also included a table sourced from the New Zealand Council of Legal Education on people graduating with LLB or LLB (Hons) degrees from New Zealand universities. The data for 2012 is not available and that for 2010 does not include Canterbury University. This indicates that over 1,000 people qualify to take the legal professionals course each year, but probably 20% of them are not admitted and probably over 50% do not take out a practising certificate.
Salary Survey 2012 p14, the NZLS’s own statistics show at 1 August 2012 (presumably for the preceding 12-month period) that only 174 first year practising certificates were issued. A rough calculation would suggest less than 20% of newly admitted lawyers are currently obtaining employment within the legal profession, and a majority need to look elsewhere for a living. This might be the chosen career path for many, but there is an enormous reservoir of disappointed young lawyers fruitlessly looking for work in the legal profession. I appreciate my analysis might be simplistic and incorrect. To assist us all, particularly those contemplating a legal career, please provide the extra information so we can proceed with our eyes open. DaViD G re iG AUCKLA n d
praCtising CertiFiCates held at 1 MarCh 2013 bY Year oF adMission
yeAr
A d M iss io n s
p rAc t is in g c e rt if ic At e s held
2012
925
535
57.8%
2011
835
541
64.8%
2010
905
511
56.5%
2009
765
482
63.0%
2008
804
443
55.1%
2007
908
437
48.1%
2006
823
420
51.0%
2005
883
419
47.5%
% A dMi ssi on s
students graduating llb and llb(hons) FroM nZ universities yeAr
llb
l l b (h o n s)
totA l l l b A n d llb( hon s)
2011
882
222
1104
2010*
687
128
815
2009
802
207
1009
2008
644
151
795
2007
701
187
888
*Does not include Canterbury University
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pr aCtising Well How our mind sets can affect our mental health BY HUGH NORRISS MEnTAl hEAlTh IS noT JuST about identifying illness and seeking treatment. It is also about our capacity for being mentally healthy – having optimal mental health, enjoying life, feeling vitality and contributing positively in our relationships and to society. Good mental health is not just the absence of mental illness, and being mentally healthy can build protective factors that reduce our risk of mental and physical illness. Collectively in a population, good mental health is known as mental capital, and it is undoubtedly one of the most important assets of a postindustrial society. This was confirmed by the Foresight Project 2008 report for the United Kingdom Government Office for Science. This wide-reaching study into mental capital and wellbeing looked at how a person’s mental resources change through life, as a child, adult and in old age, and identified factors that can help or hinder their development (www.bis. gov.uk/foresight/our-work/projects/ published-projects/mental-capitaland-wellbeing, retrieved 25-4-2013). One of the areas highlighted in this project, that increases mental capital, is having an open mind and continuing to learn. Learning, goal setting and goal directed behaviour for children and adults are widely shown to be of benefit to our psychological health. It’s fairly obvious why lifelong learning is more likely to be better for our overall mental health and provide other advantages such as being more resourceful. Yet many of us will have tendencies towards mind sets that hinder our true capacity to grow. Part of this may be due to socialisation. Consider, for instance, the insatiable curiosity and wonder at every new thing expressed by a child, compared with the
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rigid views and preferences we often end up with as adults. Two types of mind sets that reduce the flexibility of our brain functions, encourage negative emotions and are associated with poorer mental wellbeing are the fixed mind set and perfectionism. Their wellbeing enhancing alternatives are growth mind sets, and optimalism.
fixed vs growth mind sets Dr Carol Dweck, a professor from Stanford University, has been studying fixed versus growth mind sets for several decades, and has summarised the research and conclusions in her book Mindset:The New Psychology of Success (2006). Dweck states that our mind set will determine much of what we think of as our personality. In her research with children, Dweck found that those who didn’t do well and thought that their abilities were fixed, gave up. Those who were consistently praised as high achievers tended to think that this characteristic was innate, and therefore reduced their effort to learn. They were even much more likely to cheat in tests to ensure that their label was kept intact, and felt constant
pressure to “win”. The dynamic of being seen as naturally talented encouraged anxiety and stress, and undermined the joy of learning. On the other hand, children who were praised for the effort they put into learning fared much better in terms of their general wellbeing and longer-term success. Adults show similar characteristics. Those who believe that abilities are fixed (even high achievers) tend to be anxious about trying new things, shun learning from others, and are terrified of failure. Growth mind set adults don’t like failure but they know they will learn from it, and they enjoy growing and learning as a process, as much as the end goal outcome. A summary of the fixed mind set vs growth set behaviours is shown in the table below
perfectionism v optimalism Many professions, including law, obviously require a high degree of diligence and accuracy. People’s lives and livelihoods depend on it. However perfectionism as a way of life can be damaging to mental health according to Harvard psychologist and professor Tal Ben Shahar in his book
fiXed M ind s et
g r owt h M in d se t
c h Al l eng e
avoids
embraces
o bstAcl es
gives up easily
persists in the face of setbacks
e ffort
fruitless or worse
the path to mastery
c rit icis M
ignores useful feedback
learns from criticism
s uccess of other s
is threatened by
finds lessons and inspiration
wo r l d v iew
deterministic
greater sense of free will
sel f Ass e ss M ent
inaccurate
accurate
Source: Ben Shahar, T. The Pursuit of Perfect: How to Stop Chasing Perfection and Start Living a Richer, Happier Life, 2009.
The Pursuit of Perfect: How to Stop Chasing Perfection and Start Living a Richer, Happier Life. Essentially it is a critique of all or nothing thinking that translates as: “if I am not perfect, then I must be a failure”. This fear of failure, whether consciously acknowledged or not, sets off the brain’s fear response, leading to fight or flight type behaviours and, over time, chronic stress and anxiety. Ben Shahar instead proposes “optimalism” as a more effective wellbeing alternative. Both Dweck and Ben Shahar do not paint their alternative mind sets as off/on behaviours, but rather tendencies along a continuum. Although perfectionism and a fixed approach will sometimes be the best approach to a life situation, in general moving towards the optimalist and growth mind set end of the spectrum will lead to improved psychological health. Both books refer to the evidence-based behaviours and thinking habits that can be adopted in
daily life and support more mentally healthy mind sets. Ongoing research from psychologist Todd Kashdan and his colleagues suggests that one of the more effective ways of building more open and accepting ways of thinking, and to be an all round better person is to cultivate a lifelong attitude of curiosity. This includes being open to new experiences, finding the novelty in everyday life, and exploring and discovering – even if this takes us outside of our comfort zone. The research and practical suggestions supporting curiosity as an effective wellbeing strategy are outlined in Kashdan’s 2009 book simply titled Curious? The trait of curiosity is often noted in lawyers (at least in my experience) and it may be a particularly effective psychological asset that can go some way towards offsetting other more negative and stressful psychological aspects of the profession.
th e p e r fec t i o n i st
t h e o pt i M A list
Journey as a straight line
Journey as an irregular spiral
Fear of failure
Failure as feedback
Focus on destination
Journey and Destination
All-or-nothing thinking
Nuanced, complex thinking
Defensive
Benefit finder
Faultfinder
Forgiving
Harsh
Adaptable, dynamic
Hugh Norriss is the Director of Policy and Development at the Mental Health Foundation of New Zealand, and also the Director of Working Well. Working Well is the Mental Health Foundation’s programme to support workplaces to be mentally healthy. Before joining the Mental Health Foundation in 2009, he has held a range of leadership positions in mental health services, including Group Manager of Mental Health Services and Mental Health Planning and Funding Manager at Capital Coast Health 20052009 and Chief Executive of Wellink Trust, 1997-2005. Having worked in mental health services for 12 years, Mr Norriss joined the Mental Health Foundation to pursue public policy and information work in advocating for better ways to protect and promote the mental health of all New Zealanders, including in the workplace.
Source: Dweck. C, Mindset: The New Psychology of Success, 2006.
16+17 MAY 2013 NAPIER WAR MEMORIAL CONFERENCE CENTRE
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FROM THE COURTS A stronger sentence was needed BY IAN ROBERTSON In lATE February 2012, a Ministry for Primary Industries (MPI) investigation on the farm of Waikino farmer Laurens Barend Erasmus identified that he had been breaking his cow’s tails, and hitting them on the hind legs with a steel pipe (the same thickness as metal pipes used in the milking shed railings) and a stainless steel milking cup. Twenty five of the 135 dairy cow herd on the property were euthanised due to the severity of the pain and distress associated with their injuries which included broken and fractured legs, swollen joints, weeping lesions and infections. One of the cows eventually euthanased was described by the attending veterinarian as “unable to rise” and “groaning”. The cow had a broken limb that “dangled” because “the metatarsal bone was so badly fractured that there was no support and the bone ends protruded through the skin”. Both of the cow’s rear hocks were described by the veterinarian as “swollen to about twice their normal size”; and the veterinarian also reported that the cow “had been left in this incapacitated state and location for about 48 hours”. A further 22 animals had severe injuries to one or both of their hind legs. These animals all required treatment and re-treatment by the local veterinarian. Of the 115 cows (of the 135 cow herd) with tails that had been broken, 47 showed multiple breaks – some identified as having up to four fractures on their tail. Charges were laid against Erasmus under s28 of the Animal Welfare Act 1999 for wilful ill-treatment of the animals. Conviction for wilful ill-treatment can attract a maximum jail term of five years’ imprisonment and/or a maximum
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fine of $100,000 and disqualification from owning and/or exercising authority in respect of animals. Following Mr Erasmus’ conviction in the Waihi District Court on 12 October 2012 for the wilful ill-treatment of the animals, he was sentenced to 10 months home detention with judicial monitoring at three-month intervals. The dairy farming community was just one of many whose responses ranged from surprise through to disappointment and outrage at the light sentence the Waikino dairy farmer received. The Ministry of Primary Industries had described the situation as the worst case of wilful ill-treatment of animals to ever be brought before a New Zealand court, and had sufficient concerns at the original sentencing that they quickly appealed the decision. In February 2013 an appeal was heard in the Rotorua High Court (Ministry for Primary Industries v Laurens Barend Erasmus [2013] NZHC 281). Crown prosecutor Fletcher Pilditch said Erasmus’ offending was the worst type of animal cruelty of its kind dealt with by any of the country’s courts. He described Erasmus’ actions as “wilful, intentional and repetitive”, emphasising the maximum penalty for such offending was five years’ imprisonment or a fine of up to $100,000. The home detention sentence was subsequently quashed and substituted with a jail term of two years and one month. Erasmus was also disqualified from owning or exercising control over animals. The sentence following the appeal has attracted commentary acknowledging that the outcome demonstrated responsible sentencing in terms of the penalty to Mr Erasmus as the perpetrator of the offences, and protection of animals that might have otherwise have ended up in the care of Mr Erasmus. It was noted that the original
sentence of home detention enabled Mr Erasmus to take charge of the same cows that had been injured and not required euthanasia. As interests attached to the subject of animal welfare are increasingly recognised (for example, food supply and safety, disease control, international trade, and a wide variety of other societal, environmental and economic issues reflecting the wide variety of animal roles in human society) animal law is one of the fastest growing legal disciplines around the world. New Zealand and New Zealanders have been described as relying more on animals than any other developed nation in the world, and today nearly half of this country’s export income is derived from farmed animals and their products. The boundary between acceptable and unacceptable treatment of animals – whether farmed, companion, working or wild – is continually evolving. Mirroring New Zealand’s dependence on maintaining its reputation for leading animal welfare leadership in the global market place, New Zealand has responded to continually changing influences by developing animal welfare legislation that is progressive and robust in terms of its compliance and enforcement of animal welfare standards. Ian Robertson is the unusual combination of a veterinarian and lawyer who has combined his training and experience to become an animal law specialist. Ian is an external advisor to the World Animal Health Organisation (OIE), a member of the International Advisory Board of Compassion in World Farming (CIWF), and the Director of International Animal Law (www.animal-law.biz). He is also a consultant and law lecturer on issues of animal welfare, and a prosecutor for the New Zealand Ministry of Primary Industries dealing with criminal law matters including biosecurity and animal welfare. (Web site: www.animal-law. biz/the-directors-chair).
pROFILE
Legal advisers need to draw lines BY RACHAEL BRECKON In-houSE lAWyERS ShoulD unDERSTAnD their professional and personal ethical boundaries and be prepared to take actions if their employer disregards the law. BP General Counsel Debra Blackett, who will present on Speaking Truth to Power at next week’s CLANZ conference in Napier, says the heart of an in-house role is the lawyer’s duty as a barrister and solicitor of the High Court of New Zealand. “That means our job is not to be liked necessarily, not always not to be popular, but most importantly to be able to stand back and tell the truth,” Ms Blackett says. Ms Blackett points to the Australian asbestos case that led to the Company Secretary and General Counsel of James Hardie being charged with failing to discharge his duties as an officer of James Hardie with the degree of care and diligence that a reasonable person in his position would have exercised. “I don’t have any personal knowledge of that case but based on what I have read in the media and in the judgement, you would have expected the general counsel as a key advisor to have prevented the misleading statement being made about the ongoing asbestos liability, or at least to have advised that such a statement not be made,” she says. Ms Blackett says in her current position at BP the structure of the company is conducive to the general counsel being able to speak frankly to decision makers. While she advises the New Zealand business, her performance review, pay and “hire and fire” all sit with the global legal department, not the internal client she is advising. “I actually report up through Melbourne and into London. It is structurally simpler when you don’t have a dual role of being an advisor and a direct line report,” she says. “If the New Zealand chief executive wanted to do a deal I thought he shouldn’t do, then I wouldn’t have to worry about getting a poor performance review due to giving unpopular legal advice. I wouldn’t have to deal with the inherent conflict of interest.” Ms Blackett acknowledges the role of an in-house lawyer can be a controversial one, and “a lot of lawyers believe that they give advice – they don’t make decisions. “So if the business goes on to not take their advice or to sail close to the wind in one respect or another then I think some in-house lawyers believe that is not the lawyer’s role to get involved,” she says. “I personally don’t agree with that, and I think it depends on a lawyer’s role in an organisation. First of all, clearly to me if you are sitting at the executive table and are part of the senior leadership team then you should always be doing more than simply advising on what the law is. As a member of that team you are part of a collective of the highest decision making in the company and you should act in that way.” This approach has not limited Ms Blackett’s career opportunities. In fact she says it means colleagues and employers trust her and her advice.
“I have sufficient trust from my colleagues for my contribution to the company that people don’t think I just say no for no’s sake,” she says. Those attending the CLANZ Conference can hear more from Debra in Napier on 16 May when she, David Matthews from Fonterra, Andrew Brown from KiwiRail and Mark Patchett from Ministry of Primary Industries talk about Speaking Truth to Power. Go to www.clanzconference.org. nz for more details.
The expert in professional liability and discipline LANE NEAVE LAWYERS CONTACT DUNCAN WEBB:
T 03 3793 720 M 021 244 3346 E duncan.webb@laneneave.co.nz
www.laneneave.co.nz
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BRAnCH nEWS WA i K A T o b A Y o F P L e n T Y
President re-elected Bruce Hesketh continues as President of the Waikato Bay of Plenty branch, following its annual meeting on 1 May. A Hamilton barrister specialising in criminal law, Mr Hesketh was elected unopposed after he stood for his third term as President. He has now been practising for 19 years, following nine years’ service with the Police. He left his role in the CIB as a Detective Sergeant in South Auckland in 1988 to study law. After graduating with an LLB from Waikato University, he completed a Masters with honours in public law at Auckland University. Mr Hesketh began his career as a lawyer at East Brewster in Rotorua, then moved to Cooney Lees Morgan in Tauranga. After returning to Hamilton, he was in sole practice as a barrister and solicitor, where he practised predominantly in family, criminal and civil law. In 2004 he went to the independent bar, specialising in criminal work. Mr Hesketh’s current main sporting interest is as an avid Chiefs supporter, and he has also coached his children’s rugby teams. In 1979, Mr Hesketh represented New Zealand in Tae Kwon Do. He is interested in reading and has also been heavily involved in activities related to his children’s education. He has two boys and two girls, ranging in age from 17 to 29. He has served on both the Proprietors’ Board and the Board of Trustees of Waikato Diocesan School. No election was needed for the
2013/14 branch council. Hamilton barrister Maria Young was elected unopposed as the new branch Vice-President. The council members are Simon Scott, Bogers, Scott & Shortland, Hamilton; Rose Alchin, barrister, Hamilton; James Gurnick, PDS, Hamilton and Kate Barry-Piceno, barrister, Tauranga.
Twilight golf The Waikato Bay of Plenty Young Lawyers Association held a twilight golf evening on 27 March at Pro Drive Ulster Street. About 20 people attended an event Waikato Bay of Plenty Young Lawyers’ President Morgan Steele described as a “lovely evening” with attendees contributing $10 each to playing mini golf. Niemand Peebles Hoult sponsored the evening and organised a BBQ and drinks. Mitchell Juilan won a prize of a bottle of wine for the top score.
HAWKe’s bAY
Judges welcomed A cocktail function was held at 5:30pm on 24 April at Vidal Estate Winery to welcome two judges to the Hawke’s Bay. More than 40 people attended the welcome for Judges Anna-Marie Skellern and Jonathan Down. Those attending included members of the judiciary as well as a good turn-out from the local bar.
Land information mini seminar A joint Property Law Section (PLS)Land Information NZ (LINZ) mini seminar, hosted by the Hawkes Bay branch and the PLS will be held at the Crown Hotel, Napier, at 3pm on 14 May. The Registrar-General of Land, Robbie Muir, LINZ’s Principal Titles Advisor, Ashley Wright, and PLS Land
Jennifer Schlarbaum enjoying twilight golf.
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Branch news
The Canterbury and Canterbury-Westland past Presidents who attended the dinner in Christchurch: (back row from left) Peter Phillips, David Tait, Tony Hughes-Johnson QC, Sam Maling, Nigel Hampton QC, John Woodward, Bob Perry, John Brandts-Giesen, Chris McVeigh QC, Justice Ed Wylie, Justice Graham Panckhurst, Gerald Nation; (seated from left) Geoffrey Brodie, Isabel Mitchell, the current President Rachel Dunningham, Alan Shaw, Nick Clark and Colin Averill.
Titles Committee member, Richard Cross, will provide an update on relevant, practical information covering: ▪▪ compliance review watchpoints; ▪▪ changes to Landonline to help you work smarter (release 3.10); ▪▪ practical hints and tips for working with LINZ and Landonline; and ▪▪ an update on LINZ operations – access to experts, changes to internal structure and future strategy. After the presentations, there will be an “ask the experts” forum, where the presenters will answer your questions. You can email your questions ahead of the session to property@lawsociety. org.nz. The seminar is aimed at both lawyers and legal executives. The mini seminar will finish between 4:30 and 5pm and those attending are invited to stay to enjoy drinks and nibbles. The registration fee for PLS members is $25 and for non-PLS members is $35 (GST inclusive). Numbers are limited,
and registration is needed. A registration form is on the Hawke’s Bay branch page of the my.lawsociety.org.nz website.
A u c kla n d
Film night Auckland lawyers enjoyed the second in a series of film evenings on 17 April, with Beatrice Mtetwa and the Rule of Law receiving good feedback. The Auckland branch – in association with the New Zealand Bar Association and the New Zealand Centre for Human Rights Law, Policy and Practice – invited lawyers to the Academy Cinema to watch the documentary film featuring Zimbabwe lawyer Beatrice Mtetwa. In spite of beatings by police, Ms Mtetwa courageously defended peace activists, journalists, opposition candidates, farmers who had their land confiscated, and ordinary citizens who had the courage
to speak up, in the Mugabe-led country. Chris Mahoney, deputy director of the Centre for Human Rights Law, Policy and Practice at Auckland University, chaired questions about human rights in Zimbabwe at the close of the film.
Ca n t e r b u r y- W e s tla n d
Past Presidents’ Dinner The Canterbury-Westland branch past presidents’ dinner was held at the Canterbury Club at 7pm on 18 April. The current President, Rachel Dunningham, welcomed the 17 past presidents and branch manager, Malcolm Ellis, to the dinner. Alan Shaw, who became President of the then Canterbury District Law Society in 1979 was the oldest serving president who attended.
W e ll i n g t o n
JUSTITIA
A seminar and discussion on the constitutional review in Wellington attracted 25 lawyers on 24 April. Organised by the Wellington branch Public Law Committee, the lunchtime seminar featured a presentation by Deborah Coddington of the Constitutional Advisory Panel. The purpose of the seminar was to stimulate discussion and promote engagement with the Constitutional Review process presently being undertaken.
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UPCOMING PROGRAMMES Programme
Presenters
Content
Where
When
Advanced Litigation Skills
Director: Jan McCartney SC
Aimed at practitioners with at least 6-10 years’ litigation experience (either criminal or civil) this five-day non-residential programme follows the same methods that have proved so successful in the basic level NZLS Litigation Skills Programme. The advanced course builds on the skills developed in the basic level programme and enables participants to work on a case that requires a mastery of many legal and factual issues with a heavy reliance on experts.
Wellington
9-13 Jun
Litigation Skills Programme
Director: Janine Bonifant
This highly regarded residential week-long advocacy training course is open to applicants with at least three years’ litigation experience. Selected applicants will perform exercises and be critiqued, observe themselves through video review and observe faculty demonstrations. It’s hard work, great fun and most participants say it’s the most effective value-for-money course they’ve ever attended! Applications close Friday 7 June 2013
Christchurch 18-24 Aug
Torts Update
Andrew Barker Prof Stephen Todd
The law of torts continues to evolve at a fast pace and it is important that you are as up-to-date as possible. This seminar will update you on developments in negligence, especially around the issue of leaky/defective buildings; vicarious liability, particularly in relation to sexual abuse; economic torts in light of OBG v Allan; compensatory and exemplary damages; developments in the limitation of actions; and particular issues in tort law that arise in the context of litigation. Webinar for smaller centres.
Dunedin Christchurch Wellington Hamilton Auckland
CIVIL
Webinar
24 Jun 25 Jun 26 Jun 1 Jul 2 Jul 26 Jun
COMMERCIAL/COMPANY Introduction to Company Law
John Horner Ben Johnston Andrew Leete Mark Odlin Graeme Switzer Daniel Wong
This practical “transaction” based two-day workshop will equip you with the knowledge and Auckland 13-14 May understanding to deal with the purchase, establishment, operation and sale of a business. Wellington 27-28 May Christchurch 6-7 Jun
Creditors’ Remedies
David Friar Rachel Pinny and John Larner or Jeremy Morley
The increase in the number of companies and individuals failing to pay their debts in part reflects the economic climate of the GFC. This seminar will provide a road-map to remedies available to secured and unsecured creditors as well as an update on the most recent cases. It will also examine practical aspects to consider before deciding which remedy path(s) to follow.
Commercial Law Intensive
Chair: Geof Shirtcliffe
For lawyers advising on commercial transactions, this day is a must. Chaired by Geof Shirtcliffe, the intensive includes sessions on: personal liability for commercial dealings, commercial insurance, the Financial Markets Conduct Bill and raising capital, the latest developments from the OIO, consumer law reforms, AML/CFT compliance requirements and a case law update.
Criminal Procedure Act Intensive
Chairs: Judge Bruce Davidson or Judge Chris Harding
This Act introduces the biggest change to criminal procedure in 50 years. Plan now to attend the intensive.
Philip Hall Craig Ruane
Working in groups you will follow step-by-step the practical aspects of preparing for and conducting a jury trial. You will be challenged to examine why, when and how you tackle the various stages involved. You will understand how to prepare for and conduct a jury trial. You will learn how to organise case materials, prepare for the different stages, and how to recognise and evaluate the various options available.
Webinar for smaller centres.
Dunedin Christchurch Wellington Hamilton Auckland Webinar
27 May 28 May 29 May 4 Jun 5 Jun 29 May
Wellington Auckland
27 Jun 28 Jun
Dunedin Christchurch Wellington Hamilton Auckland
21 May 22 May 23 May 28 May 29 May
CRIMINAL
How to Run a Jury Trial
Crown Solicitor Network
Christchurch 6 Aug Wellington 7 Aug Auckland 8 Aug
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)
Auckland Gisborne Hamilton Tauranga Rotorua Dunedin Invercargill Wellington Whanganui Hawkes Bay New Plymouth Palmerston North Manukau Whangarei
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
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)
25 May 25 May (in Akd) 24 August 24 August (in Ham) 24 August (in Ham) 7 September 7 September (in Dun) 28 September 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 19 October 19 October (in Mnku)
Advanced Litigation Skills
see listing under Civil
Litigation Skills Programme
see listing under Civil
Brochures for CLE programmes are distributed with LawTalk. If you have not received a brochure for any of the programmes listed, please see www.lawyerseducation.co.nz or email cle@lawyerseducation.co.nz or contact CLE information, tel 0800 333 111. 28
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Online registration and payment can be made at www.lawyerseducation.co.nz
Programme
Presenters
Content
Where
When
Children’s Interests Under the PRA & s 182 FPA
Prof Nicola Peart
Relationship property disputes focus naturally on the property rights of the adult parties. What are the powers within the PRA and s 182 FPA to protect children’s interests when parents separate? This webinar will provide insights from recent case law on the risks of disregarding children’s interests.
Webinar
24 May
Life After the Split – post separation events
Prof Bill Atkin
Separations that take extended time to reach settlement often throw up knotty issues relating to division of Webinar property. “Remedies” under ss 18B, 18C and 2G may not be straightforward. From this webinar you will gain a deeper awareness and understanding of the complexities of the PRA. Learn how to get the best outcome from within its rules while weighing up the inevitable uncertainties. Webinar
31 May
Trusts Conference best practice in 2013
Chair: Dr Andrew Butler
The 2013 conference will focus on some of the “big picture” questions posed in trust law and practice. This will include an examination of the role, function and future of trusts in the 21st century; questions which affect the limits to which the trust concept can be deployed, and some of the questions about the legitimacy of the use of trusts.
Residential Property Transactions
Dedra Dorrington Simon Ellis Nick Kerney Duncan Terris
This very popular two-day, limited-number workshop, for solicitors at the start of their property law career Wellington and legal executives with some experience, follows three files from client instructions to settlement and Christchurch beyond. Auckland Hamilton
1-2 Jul 8-9 Jul 29-30 Jul 5-6 Aug
Current Tax Issues in Property
Barney Cumberland
There are a significant number of current tax issues in the property field. These issues include on-going improvements to the land zero rating rule and related matters, the treatment of GST in valuations, changes to the tax treatment of lease inducement and surrender payments and new rules relating to deductibility of expenditure on “mixed-use assets”.
Webinar
10 Jun
By attending this intensive you will have the opportunity to hear from a range of speakers addressing Wellington the current dynamics of public sector governance and what can be learnt from new practises and recent events. This intensive should appeal to all lawyers who work in, or externally advise, the public sector – as well as those in governance and policy roles.
29 May
FAMILY
PROPERTY Wellington Auckland
6-7 Jun 13-14 Jun
PUBLIC Public Sector Governance Intensive
Chair: Robert Buchanan
GENERAL Lawyer as Negotiator
Jane Chart
Building on your own experience, this one and a half day workshop provides hands-on practice and feedback, as well as a conceptual framework for preparing for and undertaking negotiations. It examines different strategies and tactics, and offers tools for dealing with difficult negotiators, breaking impasses, and for addressing specific issues which you might wish to raise.
Privacy Law – where are we now?
John Edwards Prof Paul Roth
Clients nowadays expect their lawyers to be able to give sound advice on the Privacy Act as part of a Christchurch comprehensive legal service. Attend this seminar to gain a good understanding of the Act and how it Wellington interrelates with other areas of law so that you can anticipate and avoid trouble for your clients or know Auckland how to fix existing problems they might bring to you. Webinar Webinar for smaller centres.
13 May 15 May 20 May
Serects of Success
Irene Joyce
Understand the factors which make small to medium size firms successful, analysis how well your firm measures up and how to start implementing changes to improve your firms success.
Napier Christchurch Dunedin Wellington Hamilton Auckland
27 May 18 Jun 19 Jun 25 Jun 27 Jun 2 Jul
Tricky Issues in the Life of a Lawyer
Paul Collins Grant Illingworth QC
Each year the number of complaints against lawyers is increasing and even the most experienced are Christchurch making mistakes. Attend this seminar to learn how to avoid the pitfalls and protect yourself from complaints; Wellington the process if someone does lay a complaint; your duties and legal and professional responsibilities; and Auckland what strategies to use if a complaint is laid against you. Webinar Webinar for smaller centres
10 Jun 11 Jun 12 Jun
Christchurch Wellington 1 Wellington 2 Auckland 2
29-29 May 12-13 Jun 12-13 Nov 19-20 Nov
15 May
11 Jun
Stepping Up foundation for practising on own account
Director: John Mackintosh
All lawyers wishing to practise on their own account whether alone, in partnership, in an incorporated Christchurch practice or as a barrister, will be required to complete this course. (Note: From 1 October 2012 all lawyers applying to be barristers sole are required to complete Stepping Up). Developed with the support of the New Zealand Law Foundation.
13-15 Jun
Technology Law Conference
Chair: His Hon Judge David Harvey
New information and communications technologies intrude into almost every area of law and legal Auckland practice. This one-day conference will discuss recent changes in technology law and provide an insight Wellington on areas of concern, interest and possible future developments. The Technology Conference gives practitioners, law professionals and those in the ICT industry an opportunity to increase their awareness and understanding of the impact of IT on the law and legal practice.
20 Jun 21 Jun
Trust Account Supervisor Training Programme
Mark Anderson David Littlefair and David Chapman Bob Eades or Lindsay Lloyd
To qualify as a trust account supervisor, you must complete 40-55 hours’ preparation, attend the Hamilton assessment day and pass all assessments. Make sure you register in time to do the preparatory Wellington work before the assessment day as listed on the right. Auckland 2 Christchurch
10 Jul 18 Sep 20 Nov 27 Nov
Online registration and booklet purchases (with cheque, direct credit and credit card payment options) available at www.lawyerseducation.co.nz L AW TA L K 8 1 8 / 1 0 M AY 2 0 1 3
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OvERSEAS Legal profession in perilous state The Commonwealth has been asked to reconsider holding this year’s Commonwealth Heads of Government Meeting (CHOGM) in Colombo, Sir Lanka, in November. The call came at the launch of a new report on Sir Lanka by the International Bar Association’s Human Rights Institute (IBAHRI). Entitled A Crisis of Legitimacy, the report was launched at the House of Lords in London on 22 April. A panel discussion was held to launch the report and one of the panellists, Sadakat Kadri, called on the Commonwealth to reconsider its plan to hold CHOGM in that country. Mr Kadri was the rapporteur of a fact-finding delegation that, under the auspices of the IBAHRI, investigated the independence of the legal profession in Sri Lanka. “There is a very real danger that if the CHOGM meeting goes ahead [in Sri Lanka], the present government will consider it a licence to continue along the course that it has so far proceeded and fail to uphold the Commonwealth’s values.” A Crisis of Legitimacy says that the legal profession in Sri Lanka is in a perilous state. The removal from office of Sri Lanka’s Chief Justice Bandaranayake was unlawful, the report says. It “is undermining public confidence in the rule of law, and is threatening to eviscerate the country’s judiciary as an independent guarantor of constitutional rights.” A high-level delegation, under the auspices of the IBAHRI, investigated the removal of Chief Justice Bandaranayake and the independence of the legal profession in Sri Lanka through a series of in-depth conversations by telephone and via the internet with a range of key players in Sri Lanka, including judges, lawyers, journalists,
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parliamentarians and civil society activists. The interviews were conducted remotely because authorities would not permit an investigation to take place within Sri Lanka. The delegation found there was a systematic effort to intimidate and discredit lawyers and others who advocate and promote respect for fundamental rights. The report is available at www.ibanet.org/IBAHRI.aspx.
Zimbabwean lawyer released Zimbabwean lawyer Beatrice Mtetwa has been released on bail, following calls from the New Zealand Law Society and the International Bar Association (IBA). Ms Mtetwa – former president of the Law Society of Zimbabwe and prominent human rights lawyer – was arrested on 17 March on charges of obstructing the course of justice. She remained in custody until 25 March, when High Court judge Joseph Musakwa overturned a ruling by a Harare magistrate denying her bail. Ms Mtetwa’s arrest followed an early morning police raid on the home of her client Thabani Mpofu, legal adviser to Zimbabwean Prime Minister Morgan Tsvangirai, says Austin Forbes QC, the convenor of the New Zealand Law Society’s Rule of Law Committee. “It appears that Ms Mtetwa was arrested after she asked police to provide a search warrant and an inventory of confiscated items. She also attempted to film the raid by using her mobile phone. She was arrested and charged with obstructing the course of justice,” Mr Forbes says. “Beatrice Mtetwa’s arrest is extremely worrying to the IBAHRI,” says Baroness Helena Kennedy, Co-Chair of the IBA’s Human Rights Institute (IBAHRI). “This is not the first time that Ms Mtetwa has been harassed by the authorities for performing her professional duties as a lawyer.”
Pro bono work required for admission People seeking admission to the New York state bar must complete at least 50 hours of qualifying pro bono service before filing their admission application. This is the first rule of its kind in the United States. The requirement applies to both law school graduates and lawyers from other jurisdictions, including foreign lawyers. The only exempt group is those seeking admission without examination. The new rule broadly defines pro bono service to include work performed for people of limited means, not-forprofit organisations and other individuals or groups seeking to promote access to justice. Legal assistance work performed through law school legal clinics or government entities also qualifies. All pro bono work must be performed under the supervision of a law school faculty member, licensed attorney or judge. The requirement starts this year for students in their first or second years of law school and it will apply to every applicant for admission to the New York bar from 1 January 2015.
IBA past President honoured International Bar Association past President Akira Kawamura has been decorated with The Order of the Rising Sun, a significant honour from the Emperor of Japan, chiefly for his work on behalf of the global legal profession. The order, established in 1875, is awarded people who have made distinguished achievements in international relations, promoting Japanese culture, advancements in their field, development in social or occupational welfare, or in conservation of the environment.
LAWYERS COMpLAInTS SERvICE Lawyer acted competently, LcRo says A lAWyER AcTED coMPETEnTly throughout in dealing with “the difficult problem of an elderly client whose capacity to make decisions in respect of her own property and welfare was in doubt,” the Legal Complaints Review Officer (LCRO) has said. “This is a situation which is faced by lawyers relatively commonly,” the decision in LCRO 03/2012 states. The lawyer, E, had an elderly client, Ms Y, who said she wanted her files transferred to the Public Trust. An Enduring Power of Attorney to act in relation to property existed, which had been granted in favour of Mr D. It had been in place since 1997 and was expressed to remain in place and not be revoked in the event of incapacity. E had concerns about the validity of Ms Y’s legal capacity to transfer her files to the Public Trust.
A medical assessment of Ms Y was made and the specialist geriatrician concluded that she was not mentally competent to manage her own affairs. Accordingly E proceeded on the basis that she should follow the instructions of Mr D. This included acting on Mr D’s instruction to not transfer Ms Y’s files to the Public Trust. It was also appropriate for E not to act on the basis of the purported revocation of the Power of Attorney of Mr D, the LCRO noted. Shortly after, E was informed that there was a medical opinion which indicated that Ms Y did not lack capacity. At this point E was faced with two conflicting medical opinions about Ms Y’s capacity. It appears that E considered that the first opinion from a specialist geriatrician was to be preferred to
that of the second which came from a general practitioner (who was not Ms Y’s usual GP). This gave rise to something of an impasse between E and the Public Trust, at which time it was resolved that a “without notice” application should be made to the Family Court for a direction. That was done and the Order of the Court was issued. “It is difficult to see on what basis the practitioner could be criticised for having taken what appears to be a most reasonable step in seeking the guidance of the court as to the appropriate course to take,” the LCRO said. “In my view this was an entirely appropriate step to take, and no disciplinary issues arise.” The LCRO confirmed the decision by a lawyers standards committee to take no further action.
Maximum compensation follows conflict of interest A lAWyER, A, hAS BEEn censured, fined $10,000 and ordered to pay the complainant, Ms B, $50,000 compensation by the Lawyers and Conveyancers Disciplinary Tribunal ([2013] NZLCDT 7). A admitted two charges of having a conflict of interest and two charges of acting contrary to Ms B’s best interests. Ms B instructed A to act for her on the purchase of a residential property in April 2000. The property was a newly built house in a recent subdivision. A had previously acted for the vendor, who had undertaken the subdivision and the construction of the house, and continued to act for them in this sale. In 2004, Ms B became aware that a code of compliance certificate had not been issued for the property. Ms
B applied for a code of compliance certificate but the relevant district council declined it. Ms B sought A’s advice about the issue. He tried to resolve it by discussing it with the vendor and then applying to the Department of Building and Housing for a determination regarding the council’s refusal to issue a code of compliance certificate. In 2005, Ms B advised A that the house was leaking and required repairs. She sought A’s advice and he continued to advise her that an application to the Department of Building and Housing for a determination was the appropriate way of resolving these issues. The application to the department was not progressed in a timely fashion. It was finally made in 2009, with a
final response declining it in 2010. The department declined the application on the basis that a notice to fix should issue and repairs be undertaken before a code of compliance could be issued. In 2010, A advised Ms B he had a conflict of interest and could not continue to act for her. The estimates of repair (it is accepted that not all of this amount would necessarily have been the responsibility of the builder) is in the region of $180,000. The purchase price for the property was $205,000. Ms B is an elderly widow now in her late 70s. She has lost both the opportunity to sue the builder and of making a claim to the Weathertight Homes Continued on following page ...
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L awyers Complaints Service Continued from previous page ... Tribunal because of A’s negligence in his inaction and his failure to refer her immediately to an independent solicitor. The agreed penalties submitted for the tribunal’s approval were: ▪▪ censure; ▪▪ a penalty of $10,000; ▪▪ paying $40,000 compensation to Ms B; and ▪▪ costs. The only area in which the tribunal differed from the proposed penalties was the compensation, it said. “Despite the complainant’s willingness to be generous in this regard and accept the sum of $40,000 in respect of the losses occasioned … we consider that in these circumstances the maximum ought to be awarded,” the tribunal said. That is $25,000 in respect of each set of charges, or a total of $50,000. A sought name suppression, which the tribunal declined. However, A (now retired) and his firm have subsequently appealed to the High Court the decision of the tribunal to refuse them name suppression. When considering suppression, the tribunal said that A’s negligence “touched at the very heart of the relationship of trust between lawyer and client. “The tribunal considers conflict of interest, which lead[s] to charges in a significant proportion of cases in the disciplinary jurisdiction, is an area to which the profession must pay particular attention. “We consider that the public perception of the profession would not be enhanced or maintained were the type of conflict such as occurred here not able to be fully aired because of the suppression of the name of the practitioner and firm. “On balance, we consider the public interest in openness of these proceedings outweighs the practitioner’s private interests,” the tribunal said. As well as the censure, fine and compensation, the tribunal ordered A to reimburse the complainant $640 fees charged. A was also ordered to pay the Law Society standards committee costs of $15,000 and tribunal costs of $2,500.
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Suspended after third drink driving offence Westport barrister Douglas Taffs has been suspended for three months by the Lawyers and Conveyancers Disciplinary Tribunal after he admitted two charges relating to criminal convictions ([2013] NZLCDT 13). The first charge related to Mr Taffs’s third conviction for driving with excess blood alcohol. The earlier two convictions were in 1981 and 1993. The second charge related to his conviction for obstructing a police constable in the execution of his duty. After playing golf on 26 March 2011, Mr Taffs consumed alcohol in a Westport hotel, then drove home in his car. The police stopped and breath tested him. After failing the breath screening test, Mr Taffs was taken to the Westport police station for an evidential breath test. He tried to evade the process in three ways. Firstly, he attempted to leave the
building and climb the fence. Secondly, he disengaged the evidential breath testing machine by disconnecting the cables. Finally, he placed coins in his mouth during the evidential breath testing. In the penalty decision, the tribunal said it accepted that this behaviour either suggested disrespect for the legal system, or demonstrated judgement impaired by alcohol. The first possibility would seriously reflect on Mr Taffs’s fitness to practise. The second possibility suggested an issue with alcohol which had led to intermittent offending over thirty years. Either way, the tribunal considered the offending serious. In the end, the tribunal decided the issue was with alcohol and was not a matter of disrespect for the legal system. The Law Society sought a two-year susContinued on following page ...
Registry The following people have applied to the NZLS for certificates or approvals.
A d m iss ion
under Part 3 of the Lawyers and Conveyancers Act 2006 Canterbu ry Westland Branch MOORE Whitney Jane Otago Branch ECKHOFF Sarah Anne Wa i kato Bay of P lenty Branch CHOI Jikwang
GANASAN Shereen Shamani GRIFFIN Patrick John HARVEY Ian David Welli ngton B ranch RAEBURN Jenna Ann Lafille SNOWDEN Catherine Bernadette
A ppr oval to P ract is e on Own Accou nt under s30 of the Lawyers and Conveyancers Act 2006
Hawkes Bay B ranch GRAHAM Nicola Mary Wa i kato Bay of Plenty Branch BRAITHWAITE Tim HOEBERGEN Maria Barbara Welli ngton B ranch VERNON Ian Charles
Au ckland Branch BRIGHT Kellie YOON Young Jun HORTON Desley Tanith WAUGH John Christopher TOLHOEK Stacey Diane
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 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 16 May 2013. Any submissions should be given on the understanding that they may be disclosed to the candidate. Lisa Attri ll, R egi stry Manager lisa.attrill@lawsociety.org.nz 04 463 2916 0800 22 30 30, 04 463 2989
L awyers Complaints Service
Two fines for unsatisfactory conduct A barrister, F, received two $750 fines when a lawyers standards committee found him guilty of unsatisfactory conduct during two separate hearings on the same day. One hearing related to a complaint by a Mr G, who came to New Zealand as an international student to attend Christchurch Polytechnic Institute of Technology (CPIT). After a few weeks, he asked to withdraw from the course and sought a refund of the tuition fee of about $17,800. Mr G was told that he could apply for a compassionate refund only if circumstances justified it. Mr G’s father subsequently died and he applied for a compassionate refund. He then returned to India to attend to his father’s funeral issues. CPIT told Mr G, after he arrived in India, that they needed an original death certificate to refund his tuition fees. Mr G spoke to a doctor to arrange a death certificate, which was sent to CPIT. Issues were raised about the certificate’s adequacy. An original death certificate issued by the government authority in India was required for a refund. Mr G returned to New Zealand and began kiwifruit picking using the student visa, then approached F to ask for assistance to obtain another student visa, a work permit and a rebate or refund of his tuition fees. F quoted $3,500 for the work, which Mr G paid. Immigration New Zealand then refused Mr G’s request for another student permit. F requested an additional $10,000 for an Application for Special Direction and indicated this would result in a permanent visa or permit. F then sent a bill for $8,500, which came as a shock to Mr G. He believed it
to be fraud or extortion and wanted his money back. F claims that after Immigration New Zealand refused the permits/visas, he offered to assist Mr G by lodging a request for reconsideration on the understanding that if it was successful, Mr G would pay an all-inclusive fee of $2,000. F said that if the request was unsuccessful, he would absorb the cost. F said that Mr G agreed but that when he drafted a letter recording the terms of the agreement reached, Mr G did not sign it. He therefore elected not to send the request for reconsideration to Immigration New Zealand. F denies that Mr G made a further payment of $5,000 over and above the initial payment of $3,500. The standards committee found F guilty of unsatisfactory conduct on the basis that F: ▪▪ failed to take instructions from an instructing solicitor; ▪▪ failed to issue a letter of engagement; ▪▪ received cash payments directly from the client without issuing invoices to the client; ▪▪ failed to issue receipts for payments received from the client; and ▪▪ held funds received from Mr G either in a safe or in a personal bank account without authority. The complainant in the second case, Mr H, came to New Zealand and worked as a chef. He was later accused of rape, placing his employment and application for a work permit in jeopardy. The charge against him was later withdrawn and the case dismissed. Mr H continued to work as a chef and engaged F to process an application for a work permit for him. Immigration New Zealand refused Mr H a visa. F did not inform him of this, causing him to miss the 42-day deadline to appeal.
Mr H required a work visa to support himself while awaiting his court case and also sought a permanent visa. F demanded an initial payment of $7,500 before he would start the required work. Mr H complained that over a period of months F took $14,000 for services. Despite the decision of Immigration New Zealand, F stopped responding to Mr H’s request for information and advised Mr H or his associates that the matter remained with Immigration New Zealand when the visa application had already been refused. Mr H also asked F to return his passport, which he refused and later only returned it when Mr H notified him that he would apply for a work visa himself and would tell Immigration New Zealand that F was refusing to return the passport to him. F took issue with Mr H’s version of events. He said a submission on Immigration New Zealand’s refusal of a visa was prepared and lodged. He also said “major works” were done for Mr H. The standards committee found F guilty of unsatisfactory conduct on the basis that F: ▪▪ failed to issue a letter of engagement; ▪▪ received cash payments directly from the client without issuing invoices to the client; ▪▪ failed to issue receipts for payments received from the client; and ▪▪ held funds received from Mr H either in a safe or in a personal bank account without authority. As well as the two $750 fines, the committee in both its determinations ordered F to complete the next available Stepping Up: Foundation for practising on own account course within six months of the date of the determinations. In each case he was ordered to pay the Law Society $1,000 costs.
Continued from previous page ...
a criminal sentencing process. Suspension or strike off are, rather, a way for the profession to demonstrate that it takes seriously any transgression by lawyers of professional responsibilities. The reputation of the profession is more important than the fortunes of any individual member. The privileges of being a lawyer are significant, but so is the price. Strong references, serious consequences for family and clients of the lawyer involved, and arguments such as a shortage of defence counsel in the region (an argument advanced here) should not prevent a suspension or strike off, if these are
otherwise the right thing to do. References and consequences may well be relevant, however, in other ways, such as an application for restoration to the roll. As a result, the tribunal considered that a short period of suspension was necessary and so imposed a three-month suspension, commencing a week after the decision, to give Mr Taffs time to make other arrangements for clients. As well as the suspension, the tribunal ordered Mr Taffs to pay the Law Society standards committee costs of $7,696 and tribunal costs of $4,628.
pension. Submissions from Mr Taffs as to penalty included mitigation in the form of apologies, references, voluntary reparation, and a self-initiated restorative justice meeting, as well as assessment and counselling, all of which the tribunal considered was admirable. The tribunal agreed with the previous decision of Daniels v Complaints Committee of WDLS [2011] 3NZLR 850, in which it was stated that suspension or strike off are not primarily punitive and this kind of disciplinary penalty hearing differs from
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wills
BEDE WILLIAM GILBERT
Would any lawyer holding a will for the above-named, late of Hamilton and formerly of Auckland and Wellington, who died on 1 April 2013, aged 47 years, please contact Damian Quinn, Chatwin Legal Limited, PO Box 19467, Hamilton 3244, ph 07 834 2211, email dquinn@chatwinlegal.co.nz.
HAUPOKIA REREHAU aka HOWIE RICHARDS
Would any lawyer holding a will for the above-named, late of Auckland, who died on 26 February 1983, please contact Bronwyn Hantz, Daniel overton & Goulding, PO Box 13017, Onehunga Auckland 1613, or DX EP71005, ph 09 622 2222, fax 09 622 2555, email bronwyn@doglaw.co.nz.
LAURENCE MACK TE OTENE WAIWAI
Would any lawyer holding a will for the above-named, late of Lower Hutt, farmhand, who died on 11 March 2013, 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@arllawyers.co.nz.
BARRY DAVID EMPSON
Would any lawyer holding a will for the above-named, late of 15 Main Street, Waipiata, Central Otago, retired lecturer, who died on 24 March 2013, please contact David Murphy, Tripe Matthews Feist Lawyers, PO Box 5003, Wellington 6145, ph 04 472 5079, fax 04 473 3696, email david@tmf.co.nz.
MARK VICTOR SAMOA
AH-CHUN CHI-LIN
Would any lawyer holding a will for the above-named, late of Porirua, born on 3 January 1966, who died on 20 January 2013 at Wellington, please contact Chris Kelly of Greg Kelly Law Limited, PO Box 25243, Wellington 6146, ph 04 498 8501, fax 04 499 5193, email chris.kelly@trustlaw.co.nz.
HERE TUTA KOMENE aka JERRY KOMENE
Would any lawyer holding a will for the above-named, late of 95 St Andrews Drive, Tokoroa, ply wood mill employee, born on 22 July 1955, who died on 15 April 2013, please contact Robin O’Connor, Hassall Gordon O’Connor & Newton Solicitors, PO Box 76, Tokoroa 3444, ph 07 886 6279, fax 07 886 8231, email tok.law@clear.net.nz.
Would any lawyer holding a will for the above-named, late of Auckland, homemaker, born on 28 April 1933, who died on 29 March 2013, aged 79 years, please contact David Liu of Yu Lawyers, PO Box 96135, Blamoral, Auckland 1342, ph 09 620 8228, fax 09 620 0868, email david_liu@xtra.co.nz.
Would any lawyer holding a will for the above-named, late of Kerikeri, who died on 29 November 1996, please contact Graeme McLelland, McLeods Lawyers, Private Bag 1002, Kerikeri 0245, ph 09 407 0170, fax 09 407 7089, email glm@mcleods.co.nz.
Fearon & Co 56x100 ad_BW.qxd:Layout 1
MARETO TAKIRI
21/8/09
09:02
BONNIE ANNE MCGREGOR
Would any lawyer holding a will for the above-named, late of 14 McGreal Place, Weymouth, Auckland, who died on 18 August 2012, please contact Braden Matson, Law & Associates, PO Box 76 124, Manukau 2241, ph 09 262 5515, fax 09 263 6406, email chris@ lawassociates.co.nz.
HANS CHRISTOPHER DALTON
Would any lawyer holding a will for the above-named, late of Royal Oak, Auckland, born on 28 September 1974, who died on 26 December 2012 in Apia, Samoa, please contact Olinda Woodroffe, Woodroffe Lawyers, Unit 1F, 9 Upper Queen Street, Auckland 1010, ph 09 366 6276, email olinda@ woodroffe-law.co.nz.
RIPEKA HINEKINO WARREN
Would any lawyer holding a will for the above-named, aka Ripeka Hinekino Tuhoro, late of Rangitukia, aged 67 years, retired social worker, born on 10 January 1939, who died on 13 October 2006, please contact Claire Horler, Legal Executive, Kaimai Law Bethlehem, PO Box 16010, Bethlehem, Tauranga 3147, ph 07 579 331, fax 07 579 1560, email Claire@klb.co.nz.
PERCIVAL LONDON
Would any lawyer holding a will for the above-named, late of 2D 30 Harris Street, Te Puke, who died on 6 April 2013, please contact Bruce Brown at Manning Gibbs & Brown, PO Box 26, Te Puke 3153, ph 07 573 9016, fax 07 573 9017, email info@mgblaw.co.nz.
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ENGLISH LAW AGENCY SERVICES SOLICITORS Established 1825
Fearon & Co specialise in acting for non-residents in the fields of Probate, Property and Litigation. In particular:• Obtaining Grants of Representation for Estates in England and Wales, Channel Islands, Isle of Man and elsewhere and re-sealing Australian and New Zealand Grants of Representation • Administering English Estates • Buying and selling homes and business premises • Recovering compensation for accident victims • Litigation including Debt Recovery and Matrimonial Our offices are within easy reach of the London Airports and Central London Stations
VISIT OUR WEBSITE www.fearonlaw.com Westminster House, 6 Faraday Road, Guildford, Surrey GU1 1EA, United Kingdom Tel: 00 44 (0)1483 540840 Fax: 00 44 (0)1483 540844 General Email: enquiries@fearonlaw.com
LITIGATION
Martin Williams 00 44 (0)1483 540843
mw@fearonlaw.com
PROPERTY John Phillips
00 44 (0)1483 540841
ajp@fearonlaw.com
PROBATE
Francesca Nash 00 44 (0)1483 540842
fn@fearonlaw.com
Regulated by the Solicitors Regulation Authority of England and Wales
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C HRISTINE W ILSON Advert i s i ng Co-ord i n ator advertising@lawsociety.org.nz 04 463 2905
Contact us today to discuss your advertising needs, anything from a situations vacant classified through to a full page display advert.
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sitUatiOns Vacant
SOUTHERN CROSS CHAMBERS There is currently a room available in these well appointed, well positioned, long-standing city Chambers. Comprising 15 separate barristers’ offices, a large common room, kitchen, library and conference room over two floors in a central CBD location, the Chambers provide an excellent working environment for those practicing at the independent Bar. The position would be suitable for someone contemplating leaving a firm and going to the Bar, or someone already practicing at the Bar desirous of joining a collegial set of Chambers with excellent facilities. Enquiries as to rental on a short term basis would also be considered. For more information or enquiries, please contact Matt Karam, phone (09) 915 0076, mobile 021 869800, email mattkaram@clear.net.nz. Wills
sitUatiOns Vacant
THERESA MELANIE JOHNSTONE
Would any lawyer holding a will for the above-named, late of Whangarei, born on 11 January 1979, who died on 16 October 2012, please contact Robyn Mathews Lawyers, PO Box 664, Whangarei 0140, ph 09 437 3070, fax 09 437 2070, email robyn@rmlawyers.co.nz.
NAINA IVY POUTAI
Would any lawyer holding a will for the above-named, late of 14 El Viso Place, Tikipunga, Whangarei, who died on 11 April 2013 at Whangarei, please contact Andrew Luxford, The Oaks Law Centre Limited, Lawyers, PO Box 200, Whangarei 0140, ph 09 430 0207, fax 09 430 0247, email apl@ theoakslaw.co.nz.
JON LABUSCHAGNE
Would any lawyer holding a will for the above-named, late of 68 Archmillen Avenue, Pakuranga, Auckland, born on 18 May 1957, who died on 13 August 2010, please contact Heather O’Sullivan at Lyon O’Neale Arnold Lawyers, PO Box 746, Tauranga 3140, ph 07 928 4422, fax 07 928 4420, email heather@lyon-oneale.co.nz. PUBlic nOtice
Senior Lawyer Public Defence Service, Auckland Vacancy 24207 The Public Defence Service has a commitment to providing independent, high quality, timely, legal advice and representation in a full range of criminal cases including providing professional leadership of the duty lawyer service. We are seeking a Senior Lawyer to join our office at Auckland. Reporting to the Deputy Public Defender, Auckland, your enthusiasm and skills will contribute to the delivery of high quality public defence services in the summary and trial jurisdiction within the Auckland Courts. This position presents an opportunity to contribute to the significant development in criminal defence services in New Zealand. You will have strong advocacy skills, will be able to work in a team, relate well to people from diverse backgrounds and manage a high caseload, largely comprised of serious indictable work. As part of this role you will also mentor and assist junior lawyers within the office. As a senior lawyer you will have category 3 or 4 approval rating or the ability to gain this.
Intermediate Criminal Lawyer, Category 2 Public Defence Service, Auckland Vacancy 24206 The Public Defence Service has a commitment to providing independent, high quality, timely, legal advice and representation in a full range of criminal cases including providing professional leadership of the duty lawyer service. Reporting to the Deputy Public Defender, Auckland, your enthusiasm and skills will contribute to the delivery of high quality Public Defence Services in the summary and trial jurisdiction within the Auckland Courts. This position presents an opportunity to contribute to a significant development in criminal defence services in New Zealand. You will have strong advocacy skills, will be able to work in a team, relate well to people from diverse backgrounds and to manage a high caseload. As an Intermediate lawyer you will have category 2 approval rating. This is an opportunity to advance your legal career in a busy, challenging and supportive environment. The Public Defence Service can offer you a commitment to your ongoing professional development, a competitive salary and the opportunity to make a contribution to the legal profession in New Zealand. To apply, please go to the Ministry of Justice vacancies website ttp://careers.justice.govt.nz/Pages/Vacancies.aspx click on the position job title and follow the instructions. Applications close Monday, 20 May 2013.
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sitUatiOns Vacant
Prosecutor to Assist Crown Solicitor The Crown Solicitor at Whangarei has a vacancy for a prosecutor. This presents an opportunity to participate in the conduct of criminal prosecutions in the Northland District Courts as well as in the Whangarei High Court. Other work within the firm’s litigation practice is also envisaged. This position allows for a lifestyle choice of sun, surf, sand and the great outdoors, without losing the opportunity to be involved with the quality and variety of work found in larger cities. Must have one to two years post admission experience. Applications will be dealt with in confidence and should be forwarded along with a current CV, no later than 15 May 2013 to: Email neilb@mwis.co.nz The Practice Manager Marsden Woods Inskip & Smith P O Box 146 WHANGAREI
WANTED | THREE SOLICITORS • EXCELLENT TRAINING & PERSONAL DEVELOPMENT OPPORTUNITIES • GREAT HISTORY & COMMITMENT TO FUTURE GROWTH
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VSA is recruiting volunteers to provide legal advice to strengthen provincial government and promote good governance in Solomon Islands. We are seeking qualified lawyers with a minimum of two years post-admission experience. These assignments are two years in length and based in Honiara. VSA has had several volunteers contributing to this project in recent years. Email volunteer@vsa.org.nz Phone (04) 472 5759 for more information on these and other jobs visit
www.vsa.org.nz
VSA volunteers must be New Zealand citizens or have permanent residency status and have preferably lived in New Zealand for at least two years. Airfares, medical costs, insurance and allowances paid.
Donate to VSA www.vsa.org.nz
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Registered as a charity (CC36739) under the Charities Act 2005
Corporate / Commercial - Corporate Banking & Finance Auckland Our Auckland Corporate / Commercial team has a strong presence in banking & finance, corporate, and commercial work for a large variety of clients. Ideal skill set • 4 - 6 years PQE • Strong written skills • Good interpersonal skills Property - Rural Focus Christchurch The Rural group has a long-standing presence in regional Canterbury with clients from farming and agri-business sectors. Ideal skill set • 2+ years PQE • Strong written skills • An ability to deal directly with clients Commercial - Construction & Agri-business Christchurch The Commercial team has a strong presence in insurance related construction work and in the agri-business sector. Ideal skill set • 3+ years PQE • Strong written skills • An ability to deal directly with clients Submit applications to Matthew Jones by email: matthew.jones@wynnwilliams.co.nz www.wynnwilliams.co.nz Christchurch | Auckland
sitUatiOns Vacant
Corporate Lawyers Auckland Are you a high achiever looking for an exciting new challenge? Are you wanting to join one of New Zealand’s leading in-house legal teams? As a result of BNZ’s market leading new initiatives and business growth, we’re expanding and have fantastic opportunities available in our Auckland Head Office team. You will be an experienced lawyer with a solid background gained within a top tier law firm or large corporate. You must possess strong legal technical and negotiation skills and be able to demonstrate successes within change management and continuous improvement environments. Your ability to engage with a range of stakeholders, be part of bank wide project teams, work collaboratively, and influence at all levels is crucial. You will be able to work independently and have a high level of motivation and passion to secure positive outcomes and help your clients to achieve their goals. We are looking for lawyers to support the following BNZ portfolios: • Funds management, insurance, wealth and BNZ KiwiSaver Scheme • Banking, commercial, consumer and IT. Joining BNZ will mean joining a supportive, flexible and helpful team where you are encouraged to be an individual leader and take control of your career. With our support, we’ll help you achieve your goals and provide you with the training and support needed to be the best you can be! At BNZ we believe you deserve the best rewards for working for New Zealand’s best bank - our package is market leading, competitive and all about choice. If this sounds like the challenge you are looking for, apply now and become part of the unique experience that is BNZ. For a confidential conversation, please contact Susie Merritt, Talent Sourcing Specialist, on 09 976 5997. For more information and to submit your confidential application, please visit www.bnzcareers.co.nz and enter the job code 87786. Applications close Friday, 31 May 2013.
See how you can build your career at:
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SENIOR CRIMINAL LAWYER The Public Defence Service (PDS) is NZ’s largest criminal law practice, lead by highly experienced criminal lawyers. We are seeking a Senior Lawyer to join its team based in Manukau. This is a huge opportunity to grow your experience and proceedings category, within a collegial team environment. Work with a team of like minded senior lawyers who have a genuine interest in making a difference. Develop your managerial experience and leadership skills and gain the satisfaction to be achieved from having a real impact on the calibre of criminal defence lawyers in NZ. You will work on and manage a varied criminal caseload, including complex, high profile cases. The experience to be gained in this role is hard to find elsewhere and will help you to fast-track your career. To qualify for this opportunity you must be an experienced and effective criminal litigator with a minimum of category 3 approval. Applications will be considered from both defence lawyers, and prosecutors with experience in the trial jurisdiction. Please contact Amber Trebitsch or Meryn Hemmingsen on +64 9 306 5500 or email your CV to aucklandjobs@ momentum.co.nz quoting reference number 33122. All communications will be treated with strict confidence. Applications close on 17 May 2013. 191 Queen Street Auckland P +64 9 306 5500
40 Mercer Street Wellington P +64 4 499 6161
Are you experienced in advising on the taxation of highly complex financing transactions? If you are, here’s an opportunity for you. Working as part of Legal and Technical Services (a business unit of Investigations and Advice), you will be responsible for providing timely, high quality, and robust advice and support on a range of highly complex taxation issues in the area of complex financing. You must be able to demonstrate: •
Proven, high level, timely analytical and decision making expertise and leadership in resolving contentious or difficult technical issues where the law is unclear or no clear precedents/policies exist.
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Superior knowledge, interpersonal and communication skills, sound judgement, and a superior commitment to customer service.
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Deep understanding of the commercial drivers for the structure of financing arrangements and a significant level of competence and experience in the taxation of financial instruments and corporate funding.
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Strong understanding of tax avoidance law and how it applies to financing arrangements.
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Significant experience of working with the disputes resolution procedures of the Tax Administration Act.
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Ability to effectively coach and mentor others in technical areas and provide technical leadership.
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Comfort around dealing with risk, uncertainty and change.
M O M E N T U M .C O. N Z
Commercial/Property Solicitor, New Plymouth Auld Brewer Mazengarb & McEwen, a progressive and wellregarded New Plymouth law firm, are currently seeking a solicitor to join their busy practice . You will have a minimum of two years’ PQE and experience in commercial and property law. A banking & finance and/or local government background would also be desirable but not essential. Possessing strong commercial acumen, you will be able to confidently deal with clients including large corporations and local authorities. The firm has built an enviable reputation over many years so we are looking for someone who cares about the quality of work they produce and who constantly strives to offer their clients an exceptional service. You will be intellectually curious and enjoy being part of a collegial working environment with a great sense of team spirit.
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SENIOR SOLICITOR COMPLEX FINANCING AUCKLAND/HAMILTON/WELLINGTON/ CHRISTCHURCH
The environment is fast paced, and high levels of effectiveness and productivity are expected. You must be energetic, proactive, and a team player. We offer challenging work, flexible working arrangements, and on-going professional development. This is a full time role. To be considered for this role applicants must hold a current practising certificate.
New Plymouth offers a fantastic lifestyle with the great outdoors easily accessible from the mountains to the sea. If you are interested in committing to a long-term lifestyle and career move without sacrificing a quality workload and client base contact Ben Traynor today.
To apply for this role please go to http://www.ird. govt.nz/aboutir/careers/ and attach a cover letter and CV. For more information please contact Shona Spicer on (04) 890 1548.
For further information in strict confidence please contact Ben Traynor on 04 471 1423 or email: ben.traynor@nicherecruitment.co.nz
Applications close at 5pm 24th May 2013
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