Lawtalk 827 by New Zealand Law Society

LawTalk 13 September 2013 路 827

Through the Looking Glass CAMER AS IN THE COURT F E AT U R E . P A G E 0 4 .

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Contents. The review (of in-court television coverage, photography and sound recording) will assess whether the current framework is meeting the interests of the public, the victims, parties and witnesses.

Regulars People in the Law

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Effective practice

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New Zealand’s 11,805 practising lawyers share 2,316 different first names. Analysis shows that the “top 10” of male and female first names is dominated by what might be called “traditional English” names: John, Sarah, David and Nicola lead the lists.

Moving towards CPD

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Justice Minister Judith Collins has tabled the Lawyers and Conveyancers Act (Lawyers: Ongoing Legal Education – Continuing Professional Development) Rules 2013 in Parliament.

Practising Well

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The essential ingredient to confidence is believing in yourself, believing that you can succeed and that you have the ability to do the thing you are tasked with. Confidence can start with positive self talk and telling yourself that you can do this. The more you start to believe this the more it will become real.

Law Reform

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Time for change … Incorporated Societies Act 1908. If the recommendations in the Law Commission’s report become law, the new act will require many of the 30,000-plus societies in New Zealand to substantially update their constitutions.

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Legal education

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World-renowned mediator to present two workshops

Letters to the Editor

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Professional indemnity

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Insurance implications and the issues faced by solicitors around the anti-money laundering legislation which came into effect recently.

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NZLS CLE upcoming programmes

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Lawyers Complaints Service Coming up

The Bookshelf

Branch News

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Law Reform report Section news

Classified Advertising

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Feature Cameras in the Court Elliot Sim LawTalk revisits some of the issues relating to media coverage, particularly TV cameras in court, and looks at the review of them that will take place.

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From the Law Society Sarah Saunderson-Warner Many practitioners will welcome the review of in-court media coverage that was announced by the Chief Justice. Since television reporting of court proceedings was introduced in 1995, debate has been focused on where to draw the line between open justice and fair trial rights and whether cameras in court add or detract from either. The current guidelines note not only the desirability of open justice, but also that the media have an important role in reporting of trials as the eyes and ears of the public. Nobody can argue with the principle of open justice. The issue is whether television cameras in court are really the eyes and ears of the public. Is what you see and hear on TV really what you would take from sitting through a day in court, or is it a sound bite that reflects 15 seconds of evidence and ignores the other five hours? Is TV coverage a fair and balanced representation of the work our courts do, or is it edited and sensationalised to closer resemble fiction or drama like the best sellers of Boston Legal? The current review will assess how the existing framework meets the interests of the public, the victim, the parties and witnesses. What is important in assessing the public response is that many people have only been exposed to court through the media. The court news is a surprisingly popular section of the newspaper and now people may feel they know what goes on in court because they’ve seen a few clips on the evening news. They cannot assess the accuracy or fairness of the reporting, because they don’t know what actually went on in court. Defendants often dread the publication of their

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name in the paper, yet many would say that is a fair part of the punishment and deterrent measure. Yet television coverage seems to cross a line. Clients don’t just dislike it, it can cause severe stress at a time where they are already facing huge stakes and need to be able to concentrate on their defence. Many would agree with Justice Fogarty’s characterisation (in R v Sila) of publication amounting to being pilloried or punishment by public humiliation. Others, however, seem to revel in their “celebrity”. They play up to the camera and love the labels and the coverage the media give them. How about witnesses? Research in the 1998 Pilot study showed a considerable number of witnesses found the cameras either distracted or stressed them. In an age where police have developed tier three interviews to attempt to obtain the best quality evidence, and where the courts are now more willing to allow alternate modes of evidence to alleviate stress on witnesses; do we really want to support a practice that is known to distract and stress? Juries are frequently told to put aside prejudice and sympathy. They are told that they’re judges and therefore must go about their duties coldly, dispassionately. If the same criteria were applied to media coverage, it may not attract as much criticism. The State has a powerful right to prosecute individuals, and with that comes powerful responsibility to allow a fair trial. As the terms of reference for the in-court media coverage review announced by the Chief Justice state, fair trials and the desirability of open justice are matters the court must have regard to in deciding on the nature and extent of media coverage. The feature starting on page 4 of this issue of LawTalk takes a look at some of the issues relating to media coverage, particularly TV cameras in court and the review that will take place. Sarah Saunderson-Warner Principal of Aspinall Joel Barristers and Solicitors, and a member of the New Zealand Law Society Criminal Law Committee.

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.

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DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, New Zealand Edi t o r: Frank Neill 04 463 2982 editor@lawsociety.org.nz Wri t ers : Elliot Sim 04 463 2902 elliot.sim@lawsociety.org.nz Turei Mackey 04 463 2910 turei.mackey@lawsociety.org.nz Advert i s ing: Christine Wilson 04 463 2905 advertising@lawsociety.org.nz S ubscript ion I nq u iries : subscriptions@lawsociety.org.nz Desig n: Andrew Jacombs 04 463 2981 andrew.jacombs@lawsociety.org.nz Print ing: Lithoprint, Wellington

ISSN 0114-989X

News Points Restorative justice expansion Restorative justice services will be expanded and rolled out to all courts in New Zealand, Justice Minister Judith Collins announced on 3 September. The roll-out of new services will start from 1 October following decisions made by the Ministry of Justice as part of an open tender process. An additional 2,400 restorative justice conferences – totalling 3,600 in 2014/15 – follow the Government’s $4.4 million investment in adult pre-sentence

restorative justice as part of Budget 2013. “As well as delivering more services in existing centres, restorative justice will now be in courts where it was not previously or readily available, such as Alexandra, Queenstown, Gore, Taihape, Dannevirke, Taumarunui, Huntly, Morrinsville, Whakatane and Wairoa,” Ms Collins says. “We know participation in restorative justice can result in a reduction in the reoffending rate of up to 20% when compared to offenders who did not participate,” Ms Collins says. Restorative justice is also particularly effective at reducing victimisation and repeat victimisation, she says.

Software patents not banned Media reports that software patents are to be banned in New Zealand are not wholly accurate, Jonathan Lucas & Jason Tuck of James & Wells Intellectual Property say. The passing of the New Zealand Patents Bill will introduce a tougher set of criteria for the patentability of computer programs, but reports of a complete ban are premature. Patents for computer-related innovations will continue to play an important role in the protection and commercialisation strategy of many New Zealand software innovators.

Business strategy a big challenge Business strategy is the biggest challenge facing corporate counsel, rising dramatically from the sixth most challenging responsibility in 2012, a recent Australian survey has found. This is one of the major findings of the King & Wood Mallesons’ Compass Report 2013, released on 30 August. “As this focus on business strategy increases, in-house lawyers are expected

Photo by Flickr user Andrea Allen Cb

Under the proposed wording, an invention where the improvement to existing technology lies solely in the fact that it is a computer program will not be patentable. However other types of computer-implemented inventions will continue to be patentable, they say. to take on a more proactive approach to their role to help their organisation take full advantage of market opportunities,” said Jason Watts, King & Wood Mallesons partner and co-author of the report. Another key theme emerging from Compass 2013 was the shifting priorities of corporate counsel when it comes to career progression and their decision to work inhouse. As their role becomes more strategic, working directly with the business and having a seat at the decision making table are key career drivers for working in-house.

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. The views expressed in LawTalk are not necessarily those of the New Zealand Law Society. Articles may be reproduced provided acknowledgment is given to LawTalk.

LawTalk 827 · 13 September 2013 ·

Through the Looking Glass C AMER AS IN THE COURT F E AT U R E B Y E L L I O T S I M

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CHIEF JUSTICE REVIEW OF CAMERAS IN THE COURTROOM The announcement by the Chief Justice, Dame Sian Elias, that she will conduct a review of in-court television coverage, photography and sound recording by mainstream media has reignited a touchy debate. The media have said criticisms of their coverage is an attack on their professionalism and any further rules imposed on the broadcast of court proceedings would stymie open justice. Many in the legal profession, legal commentators and academics are, however, critical of the media’s coverage of courts – particularly television. They claim that the coverage is more like soap opera than a fair, accurate and emotionless account of court proceedings. New Zealand Law Society past President Jonathan Temm expressed this sentiment in a speech to the 2012 International Criminal Law Congress in which he called for a review of TV cameras in court. LawTalk 807 (26 October 2012) ran a feature on cameras in the court. The feature outlined Mr Temm’s views of the in-court coverage, as well as that of the media, who understandably expressed concern at the prospect of further rules and said if they didn’t portray the courts accurately, it would severely impact on their credibility. Now the judiciary is undertaking a review of in-court television coverage, photography and sound recording by mainstream media. The review will culminate in a report to the Heads of Bench. The Chief Justice says the existing approach to in-court coverage was “developed at a time when very different technology was employed by both the media and judiciary. It has been in

operation for 18 years.” The review will look at how the guidelines are currently operating, whether appropriate safeguards are in place and whether changes are necessary to the guidelines. The Chief Justice describes the review as an

Any further rules imposed on the broadcast of court proceedings would stymie open justice informal process that will include consultation with the media, the legal profession and possibly other groups who can assist. When approached by LawTalk, the Chief Justice said no timeframe had been set when these groups would be contacted or how, but 3 News and Current Affairs Director Mark Jennings says the

The review will assess whether the current framework is meeting the interests of the public, the victims, parties and witnesses Media Freedom Committee (an organisation that represents mainstream media on media freedom and related matters) has received a letter from the Chief Justice seeking input into a discussion paper that the review panel will prepare. The review will assess whether the current framework is meeting the interests of the public, the victims, parties and witnesses, with comparisons drawn from overseas jurisdictions.

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A panel will assist the Chief Justice and the Heads of Bench in the review. The panel consists of Justices Ronald Young and Asher of the High Court, Judge Collins of the District Court, with research assistance from the Ministry of Justice and judges’ support staff. The panel will also call on the services of an independent advisor familiar with media issues, a role which hasn’t been filled yet. Today, media coverage in court is not subject to legislation, the review’s terms of reference state. It is at the discretion of the judge, and is subject to the standard conditions in the In-Court Media Coverage Guidelines 2012 (at www.justice.govt.nz/media/media-information/ media-guide-for-reporting-the-courts-3rd-Ed/ appendices/appendix-1-in-court-media-coverageguidelines-2012) or other conditions imposed by the court.

The process that will be followed by the Media in Courts Review Panel will be as follows: 1. Preparation of a preliminary discussion paper by the panel. The discussion paper will take some time to prepare. Its purpose will be to: • summarise the existing position in New Zealand; • set out what happens in some other Commonwealth jurisdictions; • discuss how the current guidelines are operating; and • identify strengths and concerns with the present regime, and any options for improvement or change. 2. The discussion paper will be published on the Courts of New Zealand website and be available to all interested people. 3. Interested people will be asked to provide submissions on the issues raised in the consultation paper within a specified timeframe. 4. The panel may seek further feedback, and this may include meetings with all submitters. No decision has been reached on this aspect of the process. 5. Once all submissions have been received, the panel will carry out its deliberations and prepare a draft report. 6. The draft report will then be circulated, and there will be a second round of submissions sought to give submitters a further opportunity for comment. 7. Following receipt of those submissions, they will be considered, and the draft report will be finalised and forwarded to the Chief Justice. 8. The panel will not be working to any deadline, and as far as possible all submissions and material to be considered or distributed following the release of the discussion paper will be shown on the Courts of New Zealand website.

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GENUINE CONCERNS ABOUT ‘CUT A N D PA ST E ’ At the 2012 International Criminal Law Congress Jonathan Temm called for review of TV coverage of the courts as he considered the media wasn’t meeting the objectives that it set for itself when it asked to bring cameras into the criminal courts. Contrary to reports that Mr Temm has called for a ban on in-court cameras, he believes TV coverage is potentially a good thing.

I’m not against TV. I just have genuine concerns about the cut and paste. They edit. Examples of good coverage Mr Temm points to include coverage of the International Criminal Court in The Hague, the Supreme Court in England and Parliament TV with its static cameras in the roof that provide the footage to be used. “I’m not against TV. I just have genuine concerns about the cut and paste. They edit,” Mr Temm says. He is concerned about the wider issue of what the public is getting from TV coverage and its impression of what is going on in the courtroom. Mr Temm suggests TV coverage is “quite damaging” in how it is presenting some cases to the public and is “eroding people’s confidence in the justice system”. He says the focus of the judicial review “should be on what the public is presented, rather than judicial oversight of specific trials”.

C A M E R A S H AV E O V E R S TAY E D THEIR WELCOME Legal commentator and journalist Jock Anderson is adamant that television cameras should never have been welcomed into the courts. The National Business Review ONLINE news service chief reporter says Jonathan Temm’s call for a review was not a surprise and that cameras have overstayed their welcome. “Getting cameras in the court was a great marketing coup for the media – TV in particular – because it must rely on moving pictures to attract and hold an audience. “They should never have been allowed into courts because television’s ‘infotainment’ editors and marketers could not be trusted to play by the proper rules,” Mr Anderson says. Television is primarily an entertainment medium which is preoccupied with producing “reality”, according to Mr Anderson, with mainstream TV media turning up to high profile cases with the approach of scoping “talent”. “Judges, lawyers, accused, witnesses and their families are perceived in television land as

talent. How they perform to camera determines where and for how long the story slots into the evening news,” he says. This is not conducive to fair and balanced reporting, which is the judicial criterion for allowing cameras in court, according to Mr Anderson. He points to the Ewen Macdonald murder trial

They should never have been allowed into courts because television’s ‘infotainment’ editors and marketers could not be trusted to play by the proper rules where the “respective attractive wives” became the stars of the show. “What began as a well-meaning attempt to open proceedings to public gaze has, to an extent, been hi-jacked by the media need to feed the public

Five risks of edited television coverage, according to Mr Temm, are: 1. TV coverage introduces emotion, despite all effort of the court system to set it aside. “It must be a recognised risk that juries may see television coverage and commentary of the trial they are determining. In that eventuality, they are subject to opinion and impression.” 2. It affects the parties, including the victims, their lawyers, the judges, and the jury. TV coverage becomes a distraction. The people involved in-court do not occupy the press bench and are obtrusive (certainly in large numbers). Mr Temm says that those unused to the intrusiveness find it affects their performance and sometimes their judgement. 3. Edited TV coverage affects the rights of the accused in the way it portrays the accused. TV casts persons in a certain way – for example, using repeated images of the same photo. 4. It demeans the justice system. It is not helpful in educating the public because it is not portrayed in an educational or informative way. 5. A review is needed to look at what television wants to cover. “They are only interested in what they perceive as high-profile criminal trials. It is the media that determines the case profile. Another question is what constitutes ‘public interest’. There is a world of difference between the public interest on the one hand and what interests the public on the other,” Mr Temm says.

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moving pictures of accused, supporters (especially if they’re pretty young women), weeping families of victims, angry families of accused, along with hordes of hangers-on outside court.” Most camera in-court coverage plays the game, according to Mr Anderson, but the glaring exceptions taint perceptions of media coverage. Such cases, Mr Anderson says, include the Ewen Macdonald murder trial, the Kahui twins murder trial and findings in the inquest, and the Clayton Weatherston murder trial where trial footage was reused in further stories which had little to do with the trial itself. Images of the pretty murder victim and crazylooking accused dominated, he says. Mr Anderson’s vast experience in reporting on courts and high-profile cases shapes his thinking that the physical presence of cameras can also negatively impact on court users. “The first appearance of Kim Dotcom in the North Shore District Court is a classic example. The judge effectively lost his cool and tossed everyone out, but later backed down and allowed filming for a few minutes.” He recalls an instance in the Auckland High Court where newspaper photographers took more

shots than ordered by the judge, and another aggravated judge giving a photographer who was “generally getting in the way of proceedings” just 10 seconds to take a shot. The hapless photographer was subsequently ordered to leave. So, according to Mr Anderson, TV camera interference with the court processes and some of the media’s reluctance to follow instructions is angering judges. “The media will say it’s all part of the need to show open and transparent justice. While that is true in principle, in practice it is more about the desperate need for some media to attract and hold audiences. Mr Anderson reckons judges are in the best position to deal with the worst culprits of sensationalist reporting and bad courtroom etiquette. “Why can’t a judge have the media perpetrators brought before the court to explain themselves and suffer a financial penalty? Don’t let their cameras back in for a while?” As for the Chief Justice’s review of in-court cameras, he agrees it is needed, but hopes it isn’t “captured by academics or self-serving media consultants who have little, if any, experience of what actually happens in the courtroom”.

GOOD, BALANCED REPORTING NEEDED

good, balanced reporting of the trial. “TV is limited in that it needs pictures and is focused on storytelling, and that is one of the main kind of media we have, so we have to live with it. But because of the way reporting is packaged, there is a need for more care around accuracy, balance and objectivity,” Professor Cheer says. She says the only way the courts can try to control coverage is through the judges applying

Canterbury University Professor of law Ursula Cheer says some television coverage of the courts has looked sensationalist. “I was uncomfortable with some of the coverage of the Weatherston trial, in particular where footage of Weatherston’s unusual stare in court was played over and over again in slow motion. That was unnecessary,” Professor Cheer says. She also points to the coverage of the Ewen MacDonald trial, which focused on the appearance of the women involved. “It is not sensationalism per se that is worrying – though that could be seen as poor journalism – but the fact that this is a distraction from

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Because of the way reporting is packaged, there is a need for more care around accuracy, balance and objectivity the guidelines and imposing any extra conditions they think are necessary for particular trials. “Those guidelines could be tightened up, and that is what the recently announced panel is looking at,” Professor Cheer says.

Is a state-run dedicated courts channel a good idea? Yes, I suggested this in relation to the Bain trial. This would give the public a real idea of what trials are really like, without any sensationalism. I think trials are inherently interesting and don’t need dressing up. But then, I would say that. I think it is just as important that the public see the boring aspects of trials too.

Without the sensational bits would anyone watch it? There are times when Parliament TV is riveting. But what about a three-month droning drugs trial with 10 accused and umpteen lawyers all saying the same thing? I’m not convinced a courts channel – without significant editing and editorial oversight – would work. The first question would be how to decide which trials are broadcast?

I favour live continuous streaming that other jurisdictions have and some people have mentioned. I think that is the kind of broadcasting that achieves the goal of informing the public.

Professor Cheer

Jock Anderson

Jonathan Temm

A MEDIA VIEWPOINT Court television would be fine as an addition to the media’s own coverage, but not as a replacement, says 3 News and Current Affairs Director Mark Jennings. The media must remain independent of the Ministry of Justice, judiciary and legal fraternity, he says. Questions such as cost, how it would work and which cases to broadcast are inevitable. “The courts are not in one place like Parliament and there are hundreds of cases a day. Who would pay for a product that few would want or view? Maybe prominent lawyers could chip in. “I would also argue that there are many cases where the broadcasters would be prepared to stream video of the entire case to the internet. This was done at the Pike River Royal Commission and if it was done in other cases a court TV channel would be unnecessary.” Mr Jennings has concerns about the upcoming judicial review, saying it appears, in part, to have been prompted by opponents to “cameras in courts” being vocal about a couple of high profile trials.

“While we think that some tweaks to the guidelines might be appropriate, we don’t think the system is broken. By and large, it works very well.” Mr Jennings says New Zealand now has cameras in court because of “the far sighted vision of two exceptional jurists”, Sir Thomas Eichelbaum and Sir Ivor Richardson. “Because of them, New Zealand leads the world in this area. “It would be extremely disappointing if we end up with a more conservative approach because a group of people in the legal fraternity feel that a couple of trials have been sensationalised.” Open justice, Mr Jennings says, is well served by the hundreds of cases which are covered each year, which “by and large, do not get commented on at all”. “I also note that print can attend any court case that is open to the public. As a matter of principle, all media, as the eyes and ears of the public, should have access to court proceedings”, he says.

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the Court of Appeal (Criminal and Civil Divisions) to be broadcast. Cases in the Court of Appeal normally deal with complex issues of law or evidence, and victims and witnesses rarely appear in order to provide new evidence. “Given the complexity of legal issues in Court of Appeal cases, we believe that allowing advocates’ arguments to be filmed in addition to judgments would be more likely to improve public understanding than judgments alone. In due course, we intend to allow filming of sentencing remarks in the Crown Court as we believe this

We are aware of concerns that televising our courts may open the judicial process to sensationalism

UK GOV T WANTS JUDICIAL T R A N S PA R E N C Y “Justice must be done and must be seen to be done if it is to command public confidence,” according to the United Kingdom’s Ministry of Justice report: Proposals to allow the broadcasting, filming, and recording of selected court proceedings. The report, which was published in May last year, expresses the UK government’s desire for open justice, but the judges have watched New Zealand’s experiment with great interest and have stated some concern. In a Mail Online article published on 1 July 2013, the Lord Chief Justice of England and Wales, Lord Judge, said he was happy with TV cameras in court, but not during sentencing. Referring to what he described as problems in New Zealand, Lord Judge said: “Everybody thought that if you fixed the camera on the judge it would be all right, but of course people can demonstrate during the sentencing remarks, so there are cheers and boos. We have to be very careful how it works.” The UK Ministry of Justice report says the proposed legislation will, however, allow judgments and sentencing decisions in cases before

· LawTalk 827 · 13 September 2013

will go a considerable way to opening up our justice system to the public. “We are aware of concerns that televising our courts may open the judicial process to sensationalism and trivialise serious processes to a level of media entertainment. “This is why we are not proposing to allow full trials to be filmed. However, we believe that allowing people to see and hear judges’ decisions will increase their understanding of the court

Allowing people to see and hear judges’ decisions will increase their understanding of the court without undermining the proper administration of justice,” the report stated. With the Lord Chief Justice’s guidance on live text-based communications in court, filming and subsequent broadcasting will only be allowed by recognised media organisations, using authorised cameras installed in court rooms for the purpose of filming footage for broadcast. The current legislative prohibitions on photography will continue to apply to the general public, who will not, for example, be allowed to film court proceedings using their camera phone.

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People Auckland barrister Grant Powell has been appointed a District Court Judge. Judge Powell was sworn in on 2 September at Auckland and will sit in Auckland. Admitted in 1987, Judge Powell began his legal career at Kensington Swan. From 1996-2003 he was a partner of Walters Williams & Co and its predecessor firm, and from 2003 to 2011, before becoming a barrister, he was a partner of Powell Webber & Associates. He has played a significant role as counsel in Treaty settlement negotiations, regional inquiries and other claims in the Waitangi Tribunal, as well as engagement with the Crown over foreshore and seabed and Resource Management Act matters. Judge Powell is a member of the New Zealand Law Society Legal Services Committee. A cycling enthusiast, he is the vice-chair of New Zealand School Cycling Association, a coach with both the Baradene College and St Peter’s College cycling teams, and competed in the World Masters Track Cycling Championships in Manchester in 2011. Sir Bruce Robertson and Michael Behrens QC have been appointed as Cease and Desist Commissioners. Sir Bruce retired in 2010 as a permanent judge of the New Zealand Sir Bruce Robertson Court of Appeal, a position he held since 2005. He was a Divisional Judge of that Court for 10 years. Mr Behrens is a recently retired District Court Judge, a position he has held since 2004. Before that, he was in sole practice in Palmerston North. They have been appointed for five-year terms beginning on 19 August. Wellington lawyer Elisabeth Welson has been appointed to the Commerce Commission for five years, beginning on 19 August. Before her appointment, she served as an associate member of the Commerce Commission, starting in September 2012.

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Christchurch barrister Melbourne Orange has been appointed a member of the Building Practitioners Board for a three-year term. Mr Orange, who works in the energy, electrical and construction industries, is also a member of the Electrical Workers Registration Board. Charles Bolt has been appointed general counsel of Fletcher Building, succeeding Martin Farrell, who will retire after 33 years, including 13 as general counsel. Mr Bolt will take over from Mr Farrell as general counsel and company secretary after the annual shareholders’ meeting in October. Mr Bolt joined Fletcher in 2002 as corporate legal counsel, and is currently general manager group legal. He moved to Fletcher from stock exchange operator NZX. Before that, he was at Bell Gully. New Zealanders were among the winners at the second annual Euromoney Legal Media Group Australasia Women in Business Law Awards, announced in Sydney on 15 August. The awards aim to celebrate the best initiatives for gender diversity, innovation, mentoring, work-life balance, pro bono work and talent management and the achievements of leading women lawyers across Australasia. The focus is on rewarding not only the best initiatives, but the initiatives which are most effectively implemented. The New Zealand winners are: Dispute Resolution, Sally Fitzgerald, Russell McVeagh, Auckland; M&A and private equity, Cathy Quinn, Minter Ellison Rudd Watts, Auckland; City Award – Auckland, Russell McVeagh; City Award – Christchurch, Anderson Lloyd; City Award – Wellington, Minter Ellison Rudd Watts; Firm Award – Best gender diversity initiative by Australasian firm, Chapman Tripp; Firm Award – Best mentoring programme by Australasian firm, Minter Ellison Rudd Watts; Firm Award – Best New Zealand firm for women in business law, Minter Ellison Rudd Watts.

On the Move Sarah Pilcher has recently commenced trading as The Franchise Lawyer. Sarah spent over 10 years focusing on franchising with commercial and property law firm MacDonald Pilcher, then worked on short-term contracts with two other Auckland firms. She has franchise law as part of her MComLaw from Auckland University and has worked as a (non-legal) franchise consultant writing manuals, feasibility studies and franchise plans. While specialising in franchising, she will continue to offer general business legal services to franchise and non-franchise clients. Two lawyers have joined Auld Brewer Mazengarb & McEwen. Jeremy Hucker has joined the firm as an associate and is working closely with Garry Anderson, MurJeremy Hucker ray McEwen and Allen Mazengarb. Along with his property and commercial experience, Jeremy also brings with him experience in subdivisions, commercial leasing, trusts, estate planning and elder Duncan Milne law. Duncan Milne has joined the firm as a solicitor and is working closely with Garry Anderson and Murray McEwen. Duncan has overseas experience in specialised property matters, commercial litigation and natural resources law. Anthony Harper Christchurch has a new senior associate. Greg Martin, who has been an associate with the firm since early 2012, came to Anthony Harper after practising rural, commercial, and general law with Argyle Welsh Finnigan, Ashburton

People in the law for a number of years. Before that he was a chartered company secretary in the United Kingdom working for listed multi-national brewer, SABMiller plc. His Anthony Harper role sees him focus his skills on property law, with a particular interest in commercial acquisitions and disposals, leases, rural property and commerce, unit titles and subdivisions. Joshua Sutcliffe, who was recently admitted to the bar, has joined Dennis King Law in New Plymouth. Joshua will specialise in commercial law, commercial litigation and dispute resolution. Benedict Tompkins has joined boutique litigation and arbitration practice Gilbert/ Walker as an associate. Benedict won the ADLS prize at Auckland Law School, was the Editorin-Chief of the AULR, and was a semi-finalist at the Jessup Moot Competition. He was previously a Crown prosecutor in Wellington.

Spirit of Aegis Award The Spirit of Aegis Award Trust has made its 2013 “The Spirit of Aegis Award” to Mark von Dadelszen of Hastings firm Bannister & von Dadelszen. The Trust was originally formed by Law Alliance NZ Ltd (LANZ) founder Allan Gallagher and Karen Gallagher with the objective of honouring and recognising the many valuable pro bono contributions made by LANZ members in their charitable endeavours. Sponsorship is provided by LANZ, Marsh, QBE and Sovereign Insurance. As 2013 winner, Mark von Dadelszen was asked to choose a charity to which a donation of $4,000 would be made. His chosen charity was the Prostate Cancer Foundation of New Zealand and the donation was presented at the official “Blue September” campaign breakfast launch at Auckland’s Sky City on 4 September. Co-Trustee and LANZ Board member Debbie Bryan-Lamb was in attendance. Previous winners of The Spirit of Aegis Award include Denise Arnold (Lyon O’Neale Arnold) and Bill Deans (Deans & Associates).

Welcome to the profession

Law Firm News

The New Zealand Law Society welcomes the following recently admitted lawyers to the profession.

Christchurch

Thomas Charles Glasson Nation Harry Thomas Shaw

Dunedin

Laura Emily Drake Sarah Anne Eckhoff Christian Latif Wilson Harris Rebecca Lee Laney Malcolm William Lucas Richard Kennedy McKee Hayley Jane Mahon Angela Elisabeth Neugebauer Alexander Peter Pohl Greta Su Young

Shannan Bennett and John Neverman.

A new law fi rm, Neverman Bennett Lawyers, has been established in Hamilton. The team comprises three lawyers, John Neverman, Shannan Bennett and Wende Bennetti, and two legal executives, Christine Gavin and Jessie Ormsby. Neverman Bennett specialises in commercial law, in particular, property. John, as well as being a partner in a law firm for a number of years, has 21 years’ experience working at Land Information New Zealand. Shannan, who has a Bachelor of Science majoring in resource management and environmental planning, is passionate about property development.

Otago wins Mahony Cup Otago University took top honours at the recent New Zealand National Family Law Moot to claim the Mahony Cup for 2013. The moot, which is sponsored by the New Zealand Law Foundation, had a brief hiatus last year. It was reconvened in 2013 and involved Auckland University (Jayden Houghton and Yvonne Wang), Victoria University (Alexandra Kissling and Alexandra Cooper), Canterbury University (Matthew Davidson and Ashleigh Ooi) and Otago University (Jayne O’Connell With the Mahony Cup they won this year, Otago University students Jayne O’Connell (left) and Matthew Mortimer. and Matthew Mortimer). The moot concerned the application of Zealand. Competitors had to argue whether The Hague Convention on the civil aspects or not exceptions to the Hague Convenof international child abduction to a sevention – which favours return of a child to her year-old girl who was visiting Timaru with habitual residence – applied to this case. The her father. At issue was whether she could judges, Anita Chan and Rachel Cardoza – both remain in New Zealand or instead return to her experienced family lawyers – said they were native France and her mother, complicated by impressed by the high level of advocacy, the fact that she was not able to wear a hijab remarking that each of the student competitors to school in France, but could do so in New were at least as good as actual practitioners. LawTalk 827 · 13 September 2013 ·

Effective Practice

You’re in good company John and Sarah … New Zealand’s 11,805 practising The dramatic emergence of women is shown the addition of one name missed out) shows lawyers share 2,316 different first names. in the table below. “Sarah” pops out of that since 1907 there have been 264 people Analysis shows that the “top 10” of male nowhere in the 1990s. The relatively small appointed to the rank. Of these, 29 (11%) and female first names is dominated by what proportion of women who began practice have carried the first name “John”. Quite a might be called “traditional English” names: before then are more likely to have names long way back are David and Robert, each John, Sarah, David and Nicola lead the lists. such as Helen, Margaret and Rosemary. with 11 appointees of that name. The table below looks at given first In the absence of further more detailed This raises the fascinating question of names. Many people choose to be known research, one “time capsule” exists for whether people named John, or Sarah, or by a variant of their name or by an entirely lawyers’ first names in New Zealand. The (these days) Emma or Jessica, are more different name. Of the 99 lawyers called Crown Law list of Queen’s Counsel (with likely to become lawyers than choose a either Anthony or Antony, 51 prefer career elsewhere. The answer would to be called “Tony”. And the most depend on knowing how many people popular variation is “Chris”, used by of each name were born in a particular 97 of the 168 Christophers (and three year and how many ended up as lawyers of the 28 Christines: the most popular or in some other career. women’s variation is “Kate”, used by That information is not available. 35 of the 128 women called Katherine, The Department of Internal Affairs now Kathryn, Katie or Kathleen). To keep releases lists of the most popular first Sarah 152 304 John this concise, we’ve stuck with the names given to babies each year, but this name imposed at birth. doesn’t go back nearly far enough. For Nicola 80 293 David Names, of course, come and go. the record, the most popular baby boys’ Take “John”. Extremely popular with names in New Zealand in 2012 were Jack, Susan 77 242 Michael (male) lawyers – just under 9% of the Oliver, William, Liam and Mason. The lawyers admitted in the 1970s and still most popular baby girls’ names in 2012 Catherine 75 were Olivia, Sophie, Emily, Charlotte 195 Andrew practising are called John. However, it’s clear that either people called John are and Ruby. It will, of course, take at least Jennifer 71 191 Peter now choosing to work elsewhere, or 20 years before these babies consider a else people just aren’t conferring that legal career. Rebecca 68 name as often any more. Of lawyers 168 Christopher Back in 2002, three psychologists at the who were admitted after 2000 – 46% State University of New York produced an Anna 64 168 Richard of all lawyers in practice – only 0.6% article entitled “Why Susie Sells Seashells are called John. by the Seashore: Implicit Egotism and Emma 63 152 Paul Women make up 45% of lawyers Major Life Decisions” ((Journal of Personality in practice and 60% of new entrants and Social Psychology, 2002, Vol 82 No 4, Elizabeth 61 469-487). 144 Mark to the profession, but it wasn’t until 1993 that the number of women being Driven by the view that implicit egotism Rachel 60 143 James admitted overtook the number of men. appears to influence major life decisions,

Most popular first names of New Zealand lawyers currently practising

1 2 3 4 5 6 7 8 9 10

Most popular first names of currently practising lawyers by decade of admission to the bar Rank 1 2 3 4 5 6 7 8 9 10

‘40s & ‘50s

1960s

1970s

1980s

1990s

2000s

2010s

John Allan Gordon Michael Peter Robert

John Peter David Michael James Richard Robert

John David Peter Michael Paul Richard Christopher

David John Michael Peter Christopher Andrew Mark

Andrew Michael David Paul Richard Sarah John

Sarah David Andrew James Rebecca Michael Christopher

Sarah Emma Jessica Matthew James Andrew Thomas

Alan Robert Anthony

Stephen Paul Richard

Mark Christopher Timothy

Matthew Nicholas Simon

Anna Michael Nicholas

22 lawyers with Ian a single instance Anthony of a first name Christopher

· LawTalk 827 · 13 September 2013

Effective Practice

YOU’RE IN GOOD COMPANY JOHN AND SAR A H… Continued ... they put forward the theory that “people disproportionately choose careers whose labels resemble their names”. They pointed to evidence that people named Dennis or Denise were overrepresented among dentists. The researchers had a go at testing this with lawyers, with the hypothesis that people with first names beginning “Law…” might be overrepresented in the legal profession. The problem was that there aren’t too many first names beginning with “Law…” and search engine difficulties meant they abandoned the lawyer research (with the rather petulant comment: “Critics with large amounts of time on their hands are invited to conduct these analyses themselves”). Within New Zealand’s legal profession, it can be reported, there are 445 lawyers with a first name beginning with “L” (3.8% of all lawyers) and 99 with a first name beginning “La…”. Wikipedia (sometimes good, sometimes bad) provides the information that 2.7% of words in English begin with “L”. The jury may not come back with a guilty verdict. To round things off, an American law directory called Avvo has analysed 1.5 million lawyer first names dating back to 1808 and produced a number of lists. It is worth recording that the most common American lawyer first name of all time was … John.

Write your will – and sort out your bucket list at the same time The transactional nature of will preparation means wills were one of the first pieces of legal work to interest computer programmers and web tool makers. Some providers like the Australian-based do-it-yourself-wills.co.nz have tried to tap into the New Zealand market, but a fully New Zealand approach has been lacking until now, with two new New Zealand entrants. Prominent public lawyer Mai Chen has launched a website called WilltoLive (www. willtolive.co.nz) and this features an “easy 6 step tool” to create a will online. But there’s more… The site also carries interviews with well-known New Zealanders such as Barbara Kendall, Beatrice Faumuina, Bruce Sheppard (and Mai Chen as well) on how confronting the reality of death changed how they live life now. Another feature allows the creation of a Bucket List (although you must register before you can proceed). The bucket lists of others are also available for viewing. Willtolive Ltd charges $49.95 to create a will using the will creation tool.

Legaldocuments.co.nz enters the market The second all-New Zealand will alternative comes with the new website www.legaldocuments.co.nz, which launched on 2 September. This promises users that than can save lots of money by downloading over 80 documents prepared by “accredited New Zealand lawyers”. Stressing that it is not a law firm and does not offer legal advice, the site is operated by Essential Agreements NZ Ltd of Rotorua. It offers a choice of three wills: children only, spouse no children, and spouse and children. These are available for $50.00 each.

Back of a Napkin tool for business startups Interactive web tools are fun. Following the prompts, you feed in information, give a final triumphant stab to the “Enter” key and end up with a professionallooking document or pdf. New Zealand law firm Buddle Findlay has given the world a free and effective little tool which people Continued on following page ...

Email scams of the month…

Tried and “true” scams continue to hit lawyers’ inboxes. Common scams in New Zealand at the moment include: Zaira Jyong seeks divorce settlement: This begins “My name is Zaira Jyong. I am contacting your firm in regards to a divorce settlement with my ex husband (Allan Hoshiko) who resides in your jurisdiction. I

am currently in Japan.” The email discloses that the errant Allan has only paid $251,000 of an agreed settlement of $950,000 plus legal fees. Dr Leinhard wants help over a default loan agreement: A short email states: “My name is Dr Hans Hubert Leinhard and I am inquiring about the availability of your firm’s legal help of a default loan agreement.” The name used is of a legitimate German businessman who is obviously unconnected to the scam. Spanish “law firm” EDL Legal letter from Luis Davis: This arrives as a letter from Spain. The scammer, posing as Spanish lawyer Luis Davis, pretends to be making

contact because the recipient of the letter shares the last name of a deceased client. Let’s pretend you are related and we can split $9.5 million! Robinsons Solicitors of England: Another identity scam, this time emailed to New Zealanders and purporting to be from an English lawyer called Tim Clark. The problem is that Tim Clark really is a lawyer with Robinsons Solicitors. England’s Solicitors Regulation Authority has issued a warning about this scam. Full details and information on other scams is available at http://my.lawsociety. org.nz/in-practice/practice-management/ email-scam-information.

LawTalk 827 · 13 September 2013 ·

Effective Practice BACK OF A NAPKIN TOOL FOR BUSINESS STARTUPS Continued... in business startups can use to quickly sort out how they will operate. “Back of a Napkin” (at www.backofanapkin. co.nz) seeks input from the stakeholders on their interests (“if your project makes money, what percentage stake do you each take home?”), how decisions will be made, and what will happen if there is an argument. The end result is a “napkin” which can be

signed by each of the stakeholders. Buddle Findlay partner Sacha Judd, who specialises in assisting startup companies, particularly in the digital space, launched the web app to provide a foundation agreement for teams working on new projects before they get to the stage of incorporating a company.

English General Counsel spend 38% of time on legal work Research by English legal recruitment company Freshminds Legal has found that the average English general counsel spends 62% of their time on non-legal work. The research is summarised in a report, The Changing Face of In-House Legal: Understanding the Status Quo and Preparing for the Future. It brings together the input of 40 general counsel, legal directors and heads of legal

from FTSE 350 and equivalent organisations. The general counsels who participated spent an average of 38% of their time on legal work, 32% on management and 30% on business strategy. The report says this provides a good quantitative input into the general perception that the roles of in-house lawyers are expanding beyond a traditional focus on legal work.

Effective Practice is written by Geoff Adlam

Value for money often accepted The Canadian Bar Association has released a report calling for fundamental change to Canada’s justice system, saying the state of access to justice in Canada is “abysmal”. The report, Reaching Equal Justice: An invitation to envision and act, summarises the findings of a major project by the CBA, the Envisioning Equal Justice initiative. This is running alongside the Legal Futures project, which looks at the future of legal practice. In its consideration of the state of legal services in Canada, the latest report says the main problem people identify in accessing legal assistance is perceived or actual cost. “At the same time, we know that having legal assistance generally results in better outcomes for the people involved. While complaints about lawyers’ fees are often heard, the studies show that clients who have actually retained counsel are generally satisfied, both with the service received and the amount they paid.”

CompLETE your quaLifiCaTion EarLy, jusT in TimE for Xmas or sTarT somEThing nEw. T sEmEsTEr: 4 noVEmbEr – 13 dECEmbEr. Laws 405-13T-ThE TrEaT a y of wai aT w T Tangi in ConTEmporary aoTEaroa/ nEw ZEaLand

Laws492-13T-Law and nEw TEChnoLogiEs

Lecturers:Valmaine Toki and andrew Erueti

wednesday 3pm–5pm, Thursday 12 noon–2pm, friday 9am–11am and 1pm–3pm

monday 10am–12 noon and 2–4pm, Thursday 10am–12 noon and 2–4pm

This paper will explore cutting edge developments at the interface of law and new technologies. Using case studies, we will investigate law’s adaptations and changes as it responds to the increasing speed of technological advances. We will survey a range of new bio-engineering advances including cybernetics and human enhancements, and we will explore the latest developments in forensics, robotics and nano-science. The class will also consider the expanding technologies that impact on our privacy. The paper will be taught using a range of online and faceto-face multimedia learning technologies.

An examination of the Treaty of Waitangi 1840 in contemporary Aotearoa/New Zealand. Consideration will be given to ways in which the Treaty guarantees might best be realised in relation to the legal system, health, education, resource management and local government.

Laws 449-13T- mEdiaT dia ion; Law, diaT aw, prinCipLEs and praCTiCE Lecturer: Les arthur Tuesday 9am–11am and 12 noon–2pm, wednesday 9am–11am and 12 noon–2pm

This paper will offer students an opportunity to understand mediation at an advanced level. The paper will examine key statutory and non-statutory competencies of the mediator, potential liability of the mediator, and expected mediation practice in relation to parties. The paper will involve practical training and skill development.

Lecturer: wayne rumbles

appLy on-LinE aT: phonE: www.waikato.ac.nz/enrol/ 0800529788 or 07 8384167 EmaiL: lawrecp@waikato.ac.nz

There’s no stopping you E kore e taea te aukati i a koe

· LawTalk 827 · 13 September 2013

Moving Towards CPD

Just 19 days to go … Justice Minister Judith Collins has tabled the Lawyers and Conveyancers Act (Lawyers: Ongoing Legal Education – Continuing Professional Development) Rules 2013 in Parliament. The Rules, which come into force on 1 October 2013, establish new requirements for continuing professional development (CPD) for New Zealand lawyers.

A summary of how CPD will work The rules are learner-centred, plan based and build on your insights and reflective practices. Each lawyer is responsible for their own CPD requirements. You will need to: • identify your own learning needs and maintain a CPD plan and records (CPDPR); • complete and reflect on 10 hours of CPD activities in line with your learning needs and action plan.

CPD Plan and Records (CPDPR)

A CPDPR includes: • learning needs; • an action plan; • an activities record; • reflections on outcomes and future learning needs; and • documentation verifying attendance. It is ongoing with no stop/start date, and it may be reviewed and amended at any time. There is no prescribed format.

CPD activities

The requirements are descriptive, not prescriptive. You choose, but activities must: • be verifiable; • provide for interaction/feedback; • be planned and structured with a stated purpose and outcomes; • be related to your identified learning requirements; and

Where can I find the Rules?

These are available on the New Zealand Legislation website (at www.legislation. govt.nz/regulation/public/2013/0320/latest/ dlm5542501.html) or on the Law Society’s website (under Continuing Professional Development). The Law Society website also contains a range of resources, including guidelines, a sample CPD plan and guides for planning and facilitating study groups.

Free CPD seminar

The New Zealand Law Society has organised a free seminar on the new Rules. This will visit 12 centres during October and will also be presented via a webinar. Registrations have been heavy and places might be limited, so it is important to register now to secure a place. Documented attendance at this seminar will earn 1.5 CPD hours. See www. lawyerseducation.co.nz for further details and to register online.

Key Dates

1 October 2013 – 1 April 2014: Transition Period. Five hours CPD from this voluntary period can be carried forward. 1 April 2014 – 31 March 2015: First full year of CPD regime. 31 March 2015: First annual declaration of compliance due.

•

not be part of your day-to-day work. These activities could come from: • participating in courses, seminars, conferences, training, coaching, study groups; • distance learning programmes; • lecturing, teaching and instructing – teachers/instructors may include reasonable preparation; • writing law-related books/articles; or • preparing and presenting certain submissions. You may include any topic which you can demonstrate in your CPD plan might assist you to carry out your work as a lawyer. For example: • knowledge of the law, other relevant disciplines, or law and procedures in other countries; • legal skills; • personal management skills; • practice management skills; or • ethics, professionalism and client care. Flexibility is the key. The activities must fit your learning needs. One size does not fit all.

Hours •

• •

Lawyers not providing “regulated services” (see the definition in the Lawyers and Conveyancers Act 2006) for a full year may pro-rate requirements. The Rules provide more detail. You may carry forward up to five hours into the following CPD year. No maximum hours per activity is set.

HAVE YOU OR GANI S E D YO U R C PD PL AN AND R ECOR D FO R M AT ?

Order one for your firm today and be ready to record your CPD hours from 1 October.

www.cpdforlawyers.co.nz

Verification

Depends on the type of activity undertaken, but includes: • form/receipt, signed and counter-signed by an organiser or named participant; • completion of certificates; • attendance records; • degrees/dates; • letters from organisers; • assessment results; • in-house records; or • for presenters/writers: list of topics discussed, time taken, names of presenters/ facilitators, copies of written material, or letters from editors.

Exemptions and deferments • •

No exemptions. Deferments in exceptional circumstances only.

Compliance

The CPD year will run from 1 April to 31 March. Declarations are to be filed at the end of each CPD year.

Audit • • •

May be random, risk-based, cause driven. Will be supportive/non-punitive and educational but false declarations will be reported to a Lawyers Standards Committee immediately. Organisations may apply for self-auditing status – and may integrate CPD with performance appraisal schemes.

LawTalk 827 · 13 September 2013 ·

Practising Well

Can you really fake it till you make it? By Melanie Shaw When I was in my early twenties I had a job working for a feminist organisation in the United Kingdom, and the CEO was scary and amazing all at the same time. She was a woman who knew what she wanted and went out to get it. I was totally in awe of her and remember thinking how I could never be as confident as her or achieve the amazing things that she had. Over time we became friends and worked closely together on many projects and through this close working I got to see the “real” her, which was very different to the persona she presented publicly. She was human after all. She had vulnerabilities and wasn’t always as confident as she led everyone to believe. When I asked her how she did what she did she simply looked at me over her glasses in that scary way she had and said “oh my dear, I fake it of course”. This was a total eye opener for me. I assumed, like many of us do, that confidence was always real, but apparently confidence like so many other things in life can be faked. From that day on I decided that I would give it a go and see what happened. Now don’t get me wrong, there are many areas of my life and work in which I feel totally confident and able but at those times when I have that little self-doubt or I think I can’t do something that’s when my fake confidence is brought out to play. Fear and anxiety are induced in us when we step outside of our comfort zone, so when we are faced with a challenge it is normal to experience doubt along with anxiety and fear. We can either let this stop us or we can push through and do it anyway. In light of my awakening back in my twenties I remember being terrified of public speaking. I am naturally a pretty shy person, so standing up in front of a room full of people who I

assumed all knew far more than I did was my worst nightmare. I would experience very physical symptoms of sweating, shaking, feeling sick and getting headaches. My voice would go very quiet and wobbly and I said “erm” a lot and I mean a lot! I read books and watched videos (yes we had videos not DVDs back then) on the subject and gradually over time I conquered some of the fear and was more able to get away with it. Now many years later I still feel nervous when I have to do it. But I also know that I can do it and when I am up there I get myself in the zone. Once I find my flow I am off and people assume I am that really confident person they see up there. I even enjoy it a little once I get into the swing of it. The essential ingredient to confidence is believing in yourself, believing that you can succeed and that you have the ability to do the thing you are tasked with. Confidence can start with positive self talk and telling yourself that you can do this. The more you start to believe this the more it will become real. Here are some useful tips to help build your confidence or at least enable you to fake it.

I assumed, like many of us do, that confidence was always real, but apparently confidence like so many other things in life can be faked

· LawTalk 827 · 13 September 2013

Recognise your strengths and qualities

you can’t do. Remind yourself of your past accomplishments. If this is hard then write them down in a list and keep adding to it as you push yourselves and achieve more. Remember you are not alone. Everyone struggles from time to time with confidence, even famous rock stars like Jim Morrison who was an amazing singer and performer. But when he started out he lacked confidence to the point of not being able to look at the audience so he would perform his shows with his back to them as this was the only way he could get through a concert. Eventually his belief in himself grew and he was able to develop his performance and become the showman he became.

Fake it

Spend some time observing people who present to you as confident. What is it about them that makes you feel they are confident? Is it the way they carry themselves or the language they use or even their dress style? By looking at confident people we can learn what it is that we need to do to appear more confident. This could be a top business person, a celebrity or even a friend. I have an amazing friend in the UK who I still pretend to be when I need an extra boost. I often think “what would Sonya do” which is interesting because I know that she doesn’t think she is confident but to me she has it all. She takes risks. She stands up for what she believes in. She has courage to make a stand and to challenge herself. These are all qualities I admire and at those times when I start to falter I put my Sonya head on and think what would she do right now.

So pat yourself on the back a little and give yourself some credit instead of always focusing on what you can’t do

We all have times when we struggle to see the positive, but if we can take some time each day to think about what we are good at and where our strengths lie this will help remind us that we can achieve things and that we do have areas in which we excel. So pat yourself on the back a little and give yourself some credit instead of always focusing on what

Don’t aim for perfection

Remember nobody is perfect. I know this may come as a shock to some people but it is very true and while it is OK to set ourselves high standards, we also need to be realistic about what we can and will achieve. Life is filled with ups and downs so don’t beat yourself

Practising Well up when things don’t go quite according to plan. Instead learn from these opportunities and move on. Don’t be discouraged when your awesomeness doesn’t quite live up to expectation. Allow yourself to be human. Having confidence doesn’t mean that you will always get it right. There will be times when you are presenting at a conference and someone challenges you. There will be occasions when you are on stage singing and you hit a duff note or your funky dance moves don’t quite cut it and that is fine. Confidence is a process which needs refining at times so relax.

Talk a bit louder

Now be careful with this one, there is nothing worse than being around people who talk so loudly it is overbearing, but just notching your voice up slightly can be helpful. When attending a management course several years ago it was my turn to stand up and present something as part of the learning. My quiet polite voice did nothing to capture anyone’s attention or interest in what I was saying. I sat down and fretted about how I must be a boring presenter and should look for a different venture in life.

However throughout the day I noticed that those people who managed to capture my attention and interest, even when the topic wasn’t particularly interesting, all had strong, clear voices. They seemed so confident and able to communicate their ideas. So when it was my turn again I notched the volume up slightly and focused on maintaining a clear voice with good volume and to my amazement people listened. Feedback from the trainer was that I appeared much more assertive and confident and I took control of the group. Needless to say I now do this without thinking about it. It has become second nature that when I need to get my point across confidently I notch it up a bit.

Look the part

Posture is the key. By having a good strong posture you are communicating to others that you feel confident about yourself. Smiling and having good eye contact with people is also a winner. It shows you are relaxed and approachable and often puts others at ease. If the people around you are feeling at ease they will be more open to hearing what you have to say. Having strong body

language helps boost our ideas about our levels of confidence. The funny thing is as I sit typing this sentence my body language has suddenly shifted into a stronger posture and I am feeling much more confident in what I am saying than I was at the start of this article – funny. So practise telling yourself that you have what it takes to be that strong confident person you dream of being in all aspects of your life. Don’t be afraid to step outside your comfort zone and aim higher and if in doubt fake it. The only person who will know is you! Melanie Shaw has 20 years’ experience working in the mental health field and has specialised in trauma therapy in the United Kingdom where she has spent most of her career. While in New Zealand, Melanie has worked in in-patient settings as a senior clinician specialising in mental health rehabilitation and recovery with service users with high and complex needs. Melanie is now the mental health specialist at Lifeline Aotearoa where she works to support, develop and oversee mental health services with a significant focus on the National Depression Initiative and peer support services.

The perfect time to change your practice management system

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LawTalk 827 · 13 September 2013 ·

Law Reform

Time for change … Incorporated Societies Act 1908

• •

Maria Clarke & Stephanie Bond How many times have you been asked to advise on the constitution of your child’s local sports club or the community group you are a member of? As lawyers, we are often called upon to assist these groups on a pro bono basis. Sometimes it might seem like a job for a junior lawyer and other times you might think it can’t be too hard, and you do it yourself. However, the Law Commission’s recent report1, recommending the repeal of the Incorporated Societies Act 1908 and replacing it with a whole new act, makes it clear that this is fast becoming a specialist area. The Law Commission’s report, released on 21 August, proposes major changes for incorporated societies registered under the Act. If the recommendations in the report become law, the new act will require many of the 30,000-plus societies in New Zealand to substantially update their constitutions. It will also require societies to improve their governance practices as statutory duties on committee members, with accountability and transparency requirements, become mandatory. At the same time it will also provide a timely opportunity for many small societies to think hard about whether they should continue to exist and, if so, what their purpose is and the way in which their constitution can better reflect how they wish to operate.

Key principles

There are several key principles underpinning the report that are a reflection of modern governance and the unique nature of incorporated societies. These principles include the need for: • accountability to the public; • accountability to the members; • good governance and transparency; • retention of the principles of independence; and • a restriction on the ability of members to profit from the organisation.

· LawTalk 827 · 13 September 2013

• • Maria Clarke

Stephanie Bond

•

Proposed changes

These principles are reflected in the 102 recommendations set out in the summary of the nearly 300 page report. If all of these recommendations become law, then lawyers working in this area will need to understand them and inform their society clients that potential changes are afoot. The key changes recommended include: • removing the ability to establish an incorporated society under the Charitable Trusts Act, so they can only be incorporated under the new [incorporated societies] act; • requiring societies to have 10 members at all times, not just at the time of application; • imposing duties on committee members and other “officers” akin to those of company directors, including obligations to disclose financial conflicts of interests, and to be excluded from discussion or voting on the matter. While these will be new to the act, case law already recognises that officers owe duties to incorporated societies2; • detailed annual reporting to the Registrar including membership numbers, annual accounts and contact information for the new role of a “statutory officer” of the society; • mandatory dispute resolution procedures for members’ misconduct and grievances between members, the committee and the society itself; • minimum detailed rules in all constitutions dealing with meetings, quorums, procedures for committee member appointment and the like;

clarifying the prohibition on distributing surplus assets to members on dissolution; the introduction of a range of criminal offences (with fines up to a maximum of $200,000 or five years’ imprisonment) for offences such as using a position of responsibility to obtain an advantage, as well as infringement offences (punishable by $1,000 fine) for non-compliance with filing and other obligations under the act; provisions to enable amalgamations and mergers of societies to be easier; powers granted to the Registrar to investigate and intervene in a society if it is in the public interest to do so; and civil enforcement mechanisms to enable members of a society to hold the society to account, where internal dispute resolution procedures have failed. These mechanisms should be far more effective than judicial review and other existing mechanisms which are generally not a good fit for resolving societies’ disputes.

Conclusion

In many ways the report codifies what most of us would consider is good practice for running societies, with sound governance practices, transparency and accountability both to the members and the State, where it is in the public interest. Overall the recommendations in the report appear to strike a good balance between minimum standards of good practice and the private membership nature of a society. Now we wait for Minister of Commerce Craig Foss to consider, with Cabinet, whether it proceeds to the preparation of a bill. With election year in 2014, there are no guarantees that any resulting bill will be allocated to the parliamentary calendar, so there’s plenty of time to brush up on your incorporated societies knowledge, or decide that it’s not really an area of the law you want to dabble in any longer. Maria Clarke, principal, and Stephanie Bond, senior associate, are with Maria Clarke Lawyers, a boutique Auckland firm specialising exclusively in sport and the not-for-profit sector. Maria Clarke was a member of the Reference Group which assisted the Law Commission with its review of the Incorporated Societies Act. 1

A New Act for Incorporated Societies, Law Commission, June 2013, Report 129. www.lawcom.govt.nz.

New Zealand Netherlands Society “Oranje” Inc v Kuys and The Windmill Post Ltd [1973] 2 NZLR 163 (PC)

Law Reform Report

Food Bill search powers worry Law Society The New Zealand Law Society is concerned with search and surveillance powers proposed in amendments to the Food Bill by Supplementary Order Paper 278. If passed into law, the Food Bill will replace the Food Act 1981 and introduce some fundamental changes to New Zealand’s domestic food regulatory regime. The proposed bill seeks to clarify the role of regulators, remove the need for local bylaws by having a single set of rules for training, registration and other food safety aspects and improve compliance and enforcement. The changes seek to manage food safety and suitability issues more eff ectively, improve certainty and minimise compliance costs for food businesses. The SOP would amend the bill to provide

for the application of certain parts of the Search and Surveillance Act 2012. The Law Society questions why privilege provisions of the Act have not been applied to the search, examination and production powers of the bill; and whether provisions should be made for reporting of warrantless searches similar to that provided in the Act. The submission also takes issue with provisions in the bill relating to privilege. It says the bill provides for broad powers to require production of information and documents, as well as for examination of persons. However, while the bill expressly provides for the application of the privilege against self-incrimination, there is no corresponding provision for the application of other privileges (including legal professional privilege).

Deregistered charities Clarifying the tax consequences The Law Society has made a submission on an Inland Revenue Issues Paper, Clarifying the tax consequences for deregistered charities. The issues paper sets out proposals to deal with the complexity and range of potential tax consequences that could face deregistered charities. The Law Society’s Tax Law Committee shares the IRD’s concern that the current law does not adequately deal with the full range of tax consequences facing

deregistered charities. The policy changes aim to clarify how the tax rules should apply to deregistered charities, including the practical implications of establishing values of depreciable property or consideration for financial arrangements held by a deregistered charity. The Law Society agrees that this is a logical starting point and comments on the proposed solutions to clarify the tax laws in this area.

The Law Society says this omission is “striking” because the privilege against self-incrimination is addressed in s138 of the Search and Surveillance Act and other privileges by s139. Clause 300A of the bill applies s138 but there is no reference to s139. In its submission, the Law Society recommended that clause 300A be amended to include reference to the s139 privileges. The Law Society also recommends that the bill be amended to provide for a system of reporting the use of search powers both internally (by food safety officers who execute searches) and externally on an aggregate basis (by the chief executive), similar to the system provided for in subpart 8 of Part c4 of the Search and Surveillance Act 2012.

The Law Society also recommends alternative solutions, where it believes the proposals may not result in the appropriate outcome for deregistered charities. For example, the Law Society agrees in principle that where a charity is found not to have a charitable purpose, it should be assessed retrospectively, but recommends that the IRD drafts guidelines as to the tax treatment of entities that are found never to have had a charitable purpose. The Law Society also suggests there need to be clear parameters around the IRD’s ability to revoke Fringe Benefit Tax concessions, and makes a range of other technical recommendations.

Recent Submissions & Coming Up The Law Society recently filed submissions on: • Food Bill – Supplementary Order Paper 278; • Tax – Clarifying the tax consequences for deregistered charities (Officials’ Issues Paper); and • New Zealand International Convention Centre Bill.

The submissions are available at www.lawsociety.org.nz/ publications_and_submissions/submissions. The Law Society is currently preparing submissions on numerous bills and government discussion documents. Members are welcome to contribute comments to the Law Reform Committee, specialist

committees and sections preparing the submissions. For a full list of upcoming submission deadlines and information about how to participate, visit http:// my.lawsociety.org.nz/law_reform/work_in_ progress. For more information on NZLS law reform activities, contact vicky.stanbridge@ lawsociety.org.nz.

LawTalk 827 · 13 September 2013 ·

The Bookshelf

Tax Avoidance Law in New Zealand, 2nd Edition by James Coleman

more tax to get the blood of a corporate boilentitled “What is tax avoidance from the ing. Tax avoidance litigation usually brings courts’ perspective?” If one is pressed for out the top QCs and the best the Crown has time and simply wants to understand what This, the second on offer to battle it out – ultimately on the the most recent New Zealand jurisprudence edition of James Colebiggest stage: the Supreme Court. A true is on tax avoidance law then chapter 12 man’s Tax Avoidance David and Goliath encounter. Who is David should satisfy that need. Law in New Zealand, is and who is Goliath will depend, again, on There are also four helpful appendices a welcome and timely which side of the fence you are sitting. setting out excerpts from the relevant legislaupdate of the original The book claims on the back cover that tion, both here and overseas, a useful case version published in it “… enables practitioners to comply with table and a practical index to finish. August 2009. The the provision with increased confidence and Overall the second edition of Tax Avoidance reader is brought up predict with greater certainty when it applies.” Law in New Zealand is a useful addition to to date with the recent Coleman is able to safely make this claim any tax practitioners’ bookshelf. jurisprudence in the area of tax avoidance law. because he, by and large, sticks to the actual Tax Avoidance Law in New Zealand, 2 nd Be forewarned however that this is not a text of the applicable judgments. He discusses Edition, CCH NZ Ltd, April 2013, 978-0-864759text for the casual reader. To fully understand and analyses the recent jurisprudence by 13-9, 191 pages, paperback, $110.00 (GST and the intricacies of the complex subject of tax pointing the reader to the relevant passages p&h excluded). avoidance, and get the best out of this book, in the judgments. These passages set out there are some technically heavy chapters clearly what the court meant and how the Maria Deligiannis practises as an independent to wade through. There is also plenty of anti-avoidance provision should be applied. barrister in Wellington. She specialises in tax and discussion to be had over the office water Coleman does not take liberties or attempt child support litigation. Maria has appeared in cooler as to whether Coleman’s presentato put his own spin on what the court meant. more than 50 reported tax cases over a litigation tion of aspects of tax avoidance law and This approach is to be applauded. career spanning 16 years. Before joining the interpretation is correct (depending on which In terms of the structure of the book, independent bar, Maria was a Crown Counsel side of the fence you sit on). For example, there are 12 chapters with all the necessary and the team leader of the tax and commercial the content of chapters such as “Overview elements of tax avoidance law covered. The team at Crown Law. of Correct Analytical Approach and the choice principle, the Question of Arrangement” could be viewed merely incidental as controversial by some tax commentators. exception and tax In the main however it must be noted that mitigation/tax Coleman has managed to keep his interpretaavoidance distinction as neutral as possible. This is no easy tion are all suctask given the unprecedented amount of cinctly dealt with. Reviewed by Maria Dew litigation occurring in recent years involving The largest, and in the application of the general anti-avoidance my opinion most This book achieves its goal. It is an provision. There is nothing like having to pay useful, chapter is excellent “guide” to employment law. It is not designed to be a definite legal text for experienced employment lawyers. However, it Employment Law Guide Surf to summit, at work by 2 is an easy-to-follow and very readable guide to Book a half-day’s leave, conquer the all the main topics of interest in employment waves and mountain, back to your law. It also gives the reader more than just desk by 2 - legend. We will also a basic outline of the topics as it provides a give you the half-day on us. 2013 brief commentary on the leading and recent case law under each subject heading. The case citations are helpfully collated in a case table at the end of the Treadwell Gordon – people first book, so these do not interrupt the flow for the reader. Treadwell Gordon – people first Contact Jacqui Powell 06 349 0570 The author, Richard Rudman, is an experienced employment relations consultant and has taught employment law at Victoria University of Wellington and written a number of other publications on human resources. This background has no doubt influenced the Wairere House, Cnr Somme Pde & Bates St, Whanganui style of this 2013 guide as a practical but informative handbook. It covers not just the Employment Relations Act 2000 but an extensive

Reviewed by Maria Deligiannis

New Zealand Employment Law Guide 2013 by Richard Rudman

New Zealand

· LawTalk 827 · 13 September 2013

The Bookshelf B O O K O F TH E MO NT H

Te Mātāpunenga: A Compendium of References to the Concepts and Institutions of Māori Customary Law Edited By Richard Benton, Alex Frame And Paul Meredith This brings together a collection of references to customary Māori legal concepts and institutions from a wide range of sources which have been assembled by the University of Waikato’s Te Matahauariki Research Institute. The compilers list terms, concepts and institutions found to be in use in historical and contemporary Māori discourse and organise the relevant references for each chronologically and with interpretive assistance and observations on context. The result is a very accessible reference on the nature and status of Māori customary law. Victoria University Press, September 2013, 978-0-864738-89-9, 551 pages, hardback, $60.00 (GST incl, p&h excl)

islation

Proof version

Trim size

152mm Wide x 241mm High Yes

Colour

Spine width

Date created

Designer contact details

TBC

11/7/2013

Name: Tomislav Pinter Mobile: +385 95 8066 764 Email: tomislav.pinter@gmail.com

nd Policy, 2007

d Perspective, 2010

BY ROSS CARTER, JASON MCHERRON AND RYAN MALONE Fair Trading: Misleading or Deceptive Conduct

2nd Edition • Lindsay Trotman • Debbie Wilson

Subordinate Legislation Ross Carter in New Zealand Jason McHerron Ryan Malone

Providing an indispensable comparative and in-depth resource, Fair Trading: Misleading or Deceptive Conduct, 2nd edition, examines 26 years of s9 case law and distils the consequent principles from the Fair Trading Act 1986. The authors explore the key elements of an action under s9: namely that there is ‘conduct’ ‘in trade’ that is ‘misleading or deceptive’. Examples of potentially misleading or deceptive conduct: including non-disclosure of information, opinions and advice, laudatory statements, predictions and promises are presented in the text.

The second part of the book covers procedural aspects, liability as a party or principal under the Fair Trading Act 1986, and its defences. Remedies for a breach, including injunction, damages, and miscellaneous additional remedies found in s43 are also reviewed in this second edition. As knowledge about and expertise in fair trading actions has become an integral and daily part of commercial law Fair Trading: Misleading or Deceptive Conduct, 2nd edition, will become the essential resource for commercial lawyers, litigators and students.

About the Authors

Lindsay Trotman Associate Professor of Business Law at Massey University Barrister and Solicitor of the High Court of new Zealand

chArles herbert currey (1890-1970), (M.A., LL.D. Sydney), was a teacher of teachers, an influential educationist, and a pioneer of the scholarly study of Australian Legal History. His many published and unpublished works were crowned by his monumental biographies Sir Francis Forbes and The Brothers Bent (1968) and were to have been followed by a life of Sir William Denison, but Currey’s death intervened.

Chris Kelly has over 30 years experience as a lawyer specialising in wills, trusts, estates and elder law. He is also co-author of Dobbie’s Probate Administration Practice (5th ed).

Related LexisNexis Title

J Earles, W L B Douglas, C Kelly & G Kelly, Dobbie’s Probate and Administration Practice, 5th ed, 2008

customer.service@lexisnexis.co.nz www.lexisnexis.co.nz

Garrow and Kelly Law of Trusts and Trustees 7TH EDITION Greg Kelly • Chris Kelly

Wide open Media

GARROW & KELLY LAW OF TRUSTS AND TRUSTEES, 7TH EDITION

BY GREG KELLY AND CHRIS KELLY The latest edition of this long-established treatise (first published in 1919) comes eight years after the 6th edition. The authors keep their focus on trust law in New Zealand, saying

J. m. Bennett

Greg Kelly has been in legal practice since 1979 and is a recognised national authority on wills, estates and trust law. He is also one of a small group of lawyers in New Zealand who appear in the US-based Best Lawyers listing as a Trust and Estate Lawyer. In 2009, he set up Greg Kelly Law Ltd, a specialist trust, estate and elder law practice.

Garrow and Kelly Law of Trusts and Trustees

About the Authors

7TH EDITION • Greg Kelly • Chris Kelly

As in previous editions, the emphasis is on practical assistance for trust practitioners. It provides essential information for those involved in establishment and administration of trusts while avoiding the more esoteric realms of pure equity and restitution. This edition has been expanded to include the new topic of corporate trustees and the growing role of the Maori Land Court in relation to trusts.

Cover design

SiR William DeniSon in auStRalia 1847-1861

With necessary approvals and the support of the Sesquicentenary of Responsible Government NSW Committee, this, his latest work, is based on unfinished and fragmentary drafts of a biography of Sir William Denison, Governor at the inauguration of Responsible Government in 1856, written by the late Dr C. H. Currey.

BY DONALD POIRIER

Garrow and Kelly Law of Trusts and Trustees is a text that has stood the test of time. For almost 100 years it has been the acknowledged New Zealand authority on trust law, cited regularly by the New Zealand Courts including the Supreme Court and Court of Appeal. This well-regarded text has been updated for the new seventh edition by Greg and Chris Kelly, two experienced practitioners with recognised expertise in this area of the law. The new edition not only includes reference to new cases in New Zealand and overseas, but also notes the work of the New Zealand Law Commission and other current developments.

BY LINDSAY TROTMAN AND DEBBIE WILSON

John MichAel bennett has been a prolific author in the fields of Australian legal history and biography, his contribution being recognised by the award, on examination of published works, of the rare degrees of Doctor of Laws (Sydney) and Doctor of Letters (ANU). He is an Honorary Doctor of Letters (Sydney). In 2006 he received the New South Wales History Prize. He is an Honorary Life Member of the New South Wales Bar Association and was appointed a Member of the Order of Australia (2005) for services to the law.

CHARITY LAW IN NEW ZEALAND

7TH EDITION • Greg Kelly • Chris Kelly

2nd Edition

The authors examine 26 years of case law relating to s9 of the Fair Trading Act 1986 and bring together the principles which have been developed. The book also outlines procedure, the ambit of liability and defences available before concluding with an examination of available remedies for a breach. LexisNexis NZ Ltd, August 2013, 978-1-92714942-3, 378 pages, paperback, $161.00 (GST incl, p&h excl).

customer.service@lexisnexis.co.nz www.lexisnexis.co.nz

Garrow and Kelly Law of Trusts and Trustees

Fair Trading: Misleading or Deceptive Conduct Lindsay Trotman Debbie Wilson

Debbie Wilson BA (Hons), LLB, LLM (Hons) Senior Lecturer at Canterbury Barrister and Solicitor of the High Court of new Zealand

Dr Poirier brings together New Zealand law relating to not-for-profit and charitable entities. This includes a comprehensive examination of the concept and definition of charity, organisational structures, charitable purposes and organisations with a professional or political purpose. There is extensive reference to legislation and case law from New Zealand, Australia, Canada and the United Kingdom. The book is available for download free of charge. Department of Internal Affairs, August 2013,

FAIR TRADING: MISLEADING OR DECEPTIVE CONDUCT, 2ND EDITION

Reluctant DemocRat

Noting that despite its “deceptive dullness” subordinate legislation is truly centre stage, the authors have produced New Zealand’s first comprehensive text on the nature, use and law of subordinate legislation. LexisNexis NZ Ltd, August 2013, 978-1-92714959-1, 376 pages, paperback and e-book, $126.50 (GST incl, p&h excl).

they have resisted the temptation to “stray” into related areas such as equitable remedies. They note that the flexibility of the trusts concept means that trusts continue to be adapted to meet new and changing circumstances, and the book contains new chapters on trusts of Māori land, statutory trust corporations and trusts where a foreign jurisdiction is involved. The law is stated as at 1 July 2013. LexisNexis NZ Ltd, August 2013, 978-1-92714945-4, 981 pages, paperback and e-book, $170.00 (GST incl, p&h excl).

978-0-477103-65-6, 397 pages, PDF downloadable free at http://www.charities.govt.nz/news/ charity-law-in-new-zealand/. Fair Trading: Misleading or Deceptive Conduct

nd work on this important designed to be a valuable

SUBORDINATE LEGISLATION IN NEW ZEALAND

2nd Edition • Lindsay Trotman • Debbie Wilson

eer force of numbers. in all three branches work, by authors with e authoritative background, officials, legislators, lawyers nd forms, empowering g, are all discussed — of egislation Act 2012 relating ubordinate legislation. tanding Order grounds to the House’s special oles and reports and the view grounds and procedure stablished and recent rveyed and illuminated. multi-faceted topics.

Subordinate Legislation in New Zealand

Ryan Malone

Ross Carter • Jason McHerron • Ryan Malone

n New Zealand

in one specialist book, d subordinate legislation’s king, publication, y, disallowance and

SIR RICHARD HANSON

AristocrAt by birth,

BY GREG TAYLOR The first qualified lawyer to arrive in New Zealand, founder of our oldest law Sir richard firm (Treadwells), hanSon GreG Taylor Attorney-General, Prime Minister and Chief Justice of South Australia, Sir Richard Hanson was also a campaigner for Māori land rights, an important participant in establishing self-government in Canada, a proponent of religious freedom and a major force in South Australia’s politics and justice system. Hanson Street in Wellington is named after him, but few know of the significance of his achievements and life. The Federation Press, June 2013, 978-1-86287907-2, 256 pages, hardback, A$64.95.

NEW ZEALAND EMPLOYMENT LAW GUIDE 2013 Continued... list of other employment-related legislation including the Privacy Act 1993, Health and Safety in Employment Act 1992, Holidays Act 2003 and Human Rights Act 1993. The price of this text at $78 plus GST is very reasonable given what is packed into it.

I have to confess that even as an experienced employment lawyer, in the few weeks since I have had the book I have picked it up to remind myself of what I think I know already! New Zealand Employment Law Guide 2013, CCH NZ Ltd, January 2013, 978-0-864759-44-3,

505 pages, paperback, $78.00 (GST and p&h excluded). Maria Dew is a barrister at Bankside Chambers, Auckland. Maria specialises in employment law and related civil litigation. LawTalk 827 · 13 September 2013 ·

Section News Property Law Section The Property Law Section working group on the draft Land Transfer Bill has provided further comment to Land Information New Zealand (LINZ) during a roundtable discussion held by LINZ on various matters in the bill. Section manager Jennifer Chowaniec says it was previously anticipated the bill would be introduced in late 2013, but it is now clear that the bill will not be introduced into Parliament until 2014. “It is expected that amendments will be made to several clauses of the bill made available for consultation, including to clauses 5 (the definitions of interest in land, land and mortgage), 28 (revocation of right to certify) and 50 (verification of ID or mortgagor) although the extent of the amendments is not yet known,” Ms Chowaniec says. The Property Law Section has been working closely with the Real Estate Institute of New Zealand (REINZ) in updating the 2011 edition of the Useful Clauses Booklet. The New Zealand Law Society REINZ jointly published booklet was released in July. Kate Healy, PLS Executive Committee member presented a webinar to agents and lawyers on the changes in the booklet in August. Approximately 196 registrants viewed the webinar live, and others are able to purchase the archived webinar. Please contact property@lawsociety.org.nz for further details. The clauses in the 2013 Useful Clauses booklet are drafted for use with the 9th edition ADLSi/REINZ Agreement for Sale and Purchase of Real Estate. The booklet contains some of the most commonly used conditions and provides clauses for use on matters such as the Fonterra Trading Among Farmers (TAF) scheme, permitting early release of the deposit as well as the Real Estate Trust deposit scheme. There is a whole new section in the booklet dedicated to earthquake and insurance clauses. While these were originally

· LawTalk 827 · 13 September 2013

developed after the 2010 and 2011 Canterbury quakes, recent experiences in Wellington show that their relevance continues. The section and REINZ have discussed the importance of members of both organisations working together at a local level, including in relation to presentation of legal topics to REINZ members as part of their Continuing Legal Education Programme. The Executive Committee will meet on 19 September in Christchurch, and host a lunchtime regional meeting. The regional meeting is an informal forum to raise and discuss issues facing practitioners and to hear an update on the current initiatives of the Section. The invitation is open to both members and non-members of the Property Law Section and a light lunch will be provided. For more information and to RSVP, please email property@lawsociety.org.nz.

C LANZ The CLANZ committee is working on a set of amendments to the rules of the section. The Committee intends to propose changes which will enable electronic voting at meetings of CLANZ, allow all members to participate in the election of committee members rather than only those who are able to attend the annual meeting, provide for a structured tenure and succession process for committee members and tidy up some drafting matters in the existing rules. CLANZ continues to assist members to prepare for the introduction of a Continuing Professional Development programme. CLANZ has produced a CPD Guide, has hosted information seminars on CPD for its members and is looking to customise a CPD planning and tracking app. CLANZ is increasing the number of CPD opportunities it makes available to its members, both directly and in partnership with other providers. This includes conferences, seminars and web-based learning. CLANZ has collaborated with ACLA to

update its joint Ethics Handbook which will be re-launched with a series of ethics seminars. CLANZ is also partnering with LexisNexis to introduce a practical guidance module for in-house counsel that uses existing CLANZ content and the LexisNexis loose-leaf and online material to create a useful online platform for in-house lawyers. CLANZ is also launching a CLANZ mini conference on In-house Legal Leadership at the Hilton in Auckland on 29 October and in Wellington at the InterContinental Hotel, on 30 October. “This will focus on leadership in the in-house environment and is in response to member demand for relevant, in-house focused CPD,” says CLANZ executive officer Ms Mackay. CLANZ is supporting the revitalisation of the Crown entities lawyers’ network. Provisionally named Crown Entity Lawyers Aotearoa (CELA), it will operate as a satellite network of CLANZ, to provide support and resource to in-house lawyers in Crown entities.

Family Law Section The Family Court Proceedings Reform Bill continues to be the main priority for the Family Law Section. FLS manager Kath Moran says the section has representatives on working groups established by the Ministry of Justice to work on the detail necessary to implement the proposals contained in the bill. “These groups meet regularly and will continue to do so over the next few months. The FLS will also be working with the ministry on what will constitute the four hours of pre-court ‘legal support’ for parents who meet the legal aid threshold and the fixed fee framework for that support, which Justice Minister Judith Collins announced on 26 April,” she says. FLS executive members Allan Cooke and Sharyn Otene continue to meet weekly with the ministry’s Auckland Service Delivery Programme (ASDP) programme director Chris King.

Legal Education

World-renowned mediator to present two workshops Professor Ken Cloke has been described by clients and fellow mediators as a hero, a role model and a true pioneer. He is, more importantly, an authentic teacher who puts into practice the principles he espouses. Sharing a day with Ken Cloke is something that few who have experienced it will forget. Professor Cloke will present workshops on 15 November in Auckland and on 18 November in Wellington. The workshops form part of the developing mediation education programme which has been delivered by NZLS CLE in partnership with Massey University since 2010 and follows on from the visit of Professor Laurence Boulle in 2012. Professor Cloke visited New Zealand previously in 2005 and 2010, mainly to work with post-graduate students at Massey, and he has expressed his pleasure at being invited back this year to provide workshops with a focus on

issues of particular interest to the legal profession. He has worked as a lawyer and has served as an administrative judge and Judge Pro Tem for the Superior Court of Professor Ken Cloke Los Angeles. The workshops will focus on the role of mediation in the context of disputes that involve lawyers and potential litigation – family, employment or civil. The topic for the workshop is Mediating dangerously: learning the lessons that conflict can teach and it will help to provide a clear and detailed roadmap for resolution and transformation. For Ken “mediation is the manifestation

of a safe place within which dialogue and negotiation can replace debate and power struggle … It represents an opening for change and an opportunity to let go old patterns.” His sessions will include transformative approaches to mediation, techniques for reconciliation and strategies for achieving sustainable outcomes. The workshop will be interactive and the participants will be able to seek assistance with areas of most use to them. The title of the workshop is no accident. It mirrors Ken Cloke’s book Mediating Dangerously which Virginia Goldblatt, Director of Massey University’s Mediation Service, says “changed the landscape in a fundamental way for teachers and practitioners of dispute resolution. Mediators in New Zealand recall the excitement with which they read that book and the challenges it presented to the profession.” All workshop registrants will receive a copy of the book to read in advance of the workshop. Details of the workshop can be obtained from the NZLS CLE website www. lawyerseducation.co.nz.

SECTION NEWS Continued... An FLS workshop in late June was attended by 12 Auckland FLS members and ministry officials to discuss problems and possible solutions to the ongoing issues. A number of areas have been identified to improve communication and the way files will be managed by the Registry. “The FLS remains concerned about ASDP as well as what will happen when the Family Court reforms are implemented, which will see greater numbers of unrepresented litigants come into contact with registry staff and place more demand on systems that are already under pressure,” says Ms Moran. The ministry has also indicated that it will be reviewing fixed fees for family legal aid in September. The FLS is working on a survey to be sent to FLS members to seek feedback that will be used to respond to the ministry’s reviews. Minister for Courts Chester Borrows has established a working group to develop protocols and procedures necessary to effectively trial Audio Visual Conferencing (AVL) in the Family Court. Protocols for both lawyers and the judiciary have now been established and a trial has begun for judicial conferences in the Family Courts in Whangarei, Kaitaia, Nelson and Marlborough. FLS deputy chair Catriona Doyle and FLS executive member Allan Cooke are representatives on the conference organising committee for the NZLS CLE Ltd Family Law Conference to be held in Auckland on 21 and 22 November. Past FLS chair Antony Mahon will chair the conference. The conference brochure and registration form can be found on the NZLS CLE Ltd website at www.lawyerseducation.co.nz.

The little conference with a lot going for it

Auckl And Tue 29 OcT WellingTOn Wed 30 OcT

LawTalk 827 · 13 September 2013 ·

Letters to the Editor Certifying documents I remind lawyers that, when certifying a document for the purposes of the Anti-Money Laundering and Countering of Terrorism Act 2009, a lawyer must include the date of the certification. John McLean Rabobank

AML regime I refer to LawTalk Issue 825, published on 16 August 2013. On page 12 of that issue there is a small item under the heading Regulator confirms lawyers’ exemption “narrow”. This is immediately below an article on the Anti-Money Laundering (AML) Regime. The brief item also refers to the AML regime and its possible application to lawyers, and makes reference to an article in the NZ Herald on 20 July 2013. This appears to be in support of the primary article on that page exhorting lawyers to start addressing the potential application of the new AML regime now, rather than waiting to see what specific rules might apply to lawyers in the future. If you read the Herald article you will see that it concerns the regulatory position for lawyers under the Financial Advisors Act 2008, not the AML legislation – it has nothing to do with AML compliance issues. Similarly your brief article refers to the Financial Market Authority as the AML Regulator, whereas the AML Regulator who might be responsible for lawyers in the future is the Department of Internal Affairs. In my opinion there have been a number of articles written on this topic which overstate the current potential compliance obligations for lawyers. John Hart Barrister, Auckland

Acting without specific instructions The implications of the standards committee decision reported under the heading “Fined for paying out more than specifically authorised” and published in the 19 July 2013 edition of LawTalk are of concern. To reiterate the facts, lawyer C was instructed to act on a property sale that required the discharge of a mortgage. Client thought that the amount secured by the mortgage was “about $90,000”. The sale process seemed to be proceeding

· LawTalk 827 · 13 September 2013

in a less than friendly manner since the buyers had made it clear that if settlement was late they were going to charge penalties. The bank settlement statement was received less than an hour before the settlement deadline. The amount demanded was considerably more than the sum mentioned by the client as secured. The amount required by the bank to discharge the mortgage was raised with the bank, which advised that an employee had spoken with the client, who was “happy about it”. Client subsequently denied the conversation with the bank. Lawyer C could not contact the client, and opted to settle. This was found to be unsatisfactory conduct, and the lawyer was fined. The obligation imposed by s110 of the Lawyers and Conveyancers Act 2006 is to hold client’s money in a trust account “exclusively for that person, to be paid to that person or as that person directs”. Here the client had directed the lawyer to pay a sum uncertain to the bank to allow her sale to proceed. Property lawyers will know that a client’s estimate of the amount owing on a mortgage is about as reliable as their view of the title they hold in the land. Nevertheless the standards committee appears to have been happy to describe what went on in the terms “client’s instructions were to discharge a mortgage over the property of about $90,000”. For myself, I doubt that any such instruction was given. In acting on a sale, I have never been given specific instructions to discharge the mortgage, it is a necessary implication of the retainer to act on the sale. That to one side, the client clearly expected that the amount to be paid to the bank would be “about $90,000”. From now on, property lawyers will be required to know precisely what “about $90,000” means. Overestimate at your peril. Then there is the more worrying aspect about the client’s instructions, or alleged instructions, being passed on by a third party. From now on we will not be able to take the word of a bank, and if we cannot accept a statement about the client’s instructions from a bank, we cannot accept it from anyone. The instruction, apparently, must come direct from the lips of the client. So the next case that goes to the standards committee involves much the same facts,

let us say that the client is in the taxi on the way to the airport and the bank phones the client and says “you need to pay $180,000 to discharge the mortgage, that okay?” Client says “yes”, turns off her phone and jumps on the plane. Bank officer phones you, for indeed it is you in front of the standards committee, and relates the conversation to you. You are obliged to respond “it is not that I do not believe you O Honourable Banker, it is that the standards committee has said that I cannot rely upon what you say, I must hear it direct from the sacred lips of the client”. So you do not settle, purchaser’s family spend the night in a bus shelter, there are pictures on the front page of every newspaper in the country next day of their weeping and shivering, and client is charged penalties. Your name is mud, all lawyers are reviled. Who gets to suck the mop I hear you say, and the answer is, my friend, you do. In the reported case we are told that the lawyer could not rely upon the client’s instruction being relayed by a banker. A relative, son, daughter, spouse must be regarded in the same way. You are only entitled to receive instructions direct from the client. If somebody calls you on the phone, or even if you dial the phone number given you by the client, do you know that the person speaking is indeed the client? Nowadays most of my clients communicate with me by email, and not a few by text message. Viewed objectively, I do not know who sent an email or text message to me. Can there be any distinction between receiving a purported instruction via the word of a bank officer, who we know is a real person and one normally regarded as completely trustworthy, and an electronic message which could have been sent by anyone with access to either the client’s electronic identity or the device? If there is, I cannot see it. So you cannot accept an instruction involving the payment of trust monies by email or text, and unless you have arranged a set of security questions with the client, you face the risk of denial if you accept telephone instructions. You face the risk of denial anyway since you cannot record the conversation without the consent of the other party. Will a cunningly worded Letter of Engagement save you? It may be worth a try, but

Letters to the Editor can a Letter of Engagement override a statutory duty? And how many unlikely sets of circumstances are you going to have to imagine to cover even a fair proportion of the perils raised by this decision in your letter? And then there are the Public Relations issues around handing your client a client care package that would make Microsoft’s terms of trade seem succinct. Or was the standards committee wrong? Stephen Brown Wellington

Tim Jones of Glaister Ennor in Auckland responds on behalf of the New Zealand Law Society This case is a salutary lesson that lawyers should never be prepared to act without instructions from their client. This includes a situation where there is a threat of penalty interest on a property transaction. Contact and verification with the client is paramount. And the contact needs to

be directly with the client and not through a third party. In the case in question, the lawyer concerned quoted a bank employee as saying that the client was “happy about” the fact that quite a large amount of extra money needed to be repaid. (Even obtaining this information from the bank in writing, while it may have been advantageous to the client, should not have been relied upon as an instruction from the client.) If a lawyer fails to make contact with the client, then to delay is better than paying out. This is particularly the case where there is a possible error that causes the client to lose money. In such circumstances, it would be far better for the lawyer to pay the penalty and then discuss with the client who should pay any penalties that may accrue, rather than the client ending up many thousands of dollars out of pocket . The Property Law Section’s Property Transactions and E-Dealing Guidelines

(www.propertylawyers.org.nz/__data/assets/ pdf_file/0004/56065/Property-Transactionsand-E-Dealing-Guidelines-July-2012.pdf) spell and-E-Dealing-Guidelines-July-2012.pdf the situation out clearly. Guideline 2.49 says: “Ascertain the exact amounts required to repay all mortgages and other charges registered against the title to the property on the settlement date. Check these amounts with your client. “Make sure you can comply with the mortgagee’s or chargeholder’s repayment requirements.” This is an important step in the property transaction process, and property lawyers miss such important steps at their peril. Clients frequently make errors in the amount that they think they owe banks. Often this arises due to the client forgetting that the bank will add in unsecured or credit card debt or collateral loans or guaranteed loans into the debt repayment. All these possibilities need to be discussed with the client up front and allowances made.

Professional Indemnity

Anti-Money Laundering As you will be aware this new legislation came into effect recently and there has been some commentary around the insurance implications and the issues faced by solicitors. A standard solicitor’s professional indemnity insurance policy is put in place to indemnify the solicitor for a breach of their professional duty, usually by an act, error or omission. It is extremely unlikely that a professional indemnity policy would ever respond to a claim in relation to this new legislation as there would not be a claim for damages arising out of the provision of professional services. Any claim is likely to arise out of a statutory prosecution. A professional indemnity policy is not in place to protect you in the event of such a claim. A partial solution is a statutory liability insurance policy. The intention of this policy is to protect your firm in the event of an unintentional breach of a statute. This policy indemnifies you for legal costs incurred and applicable

fines or penalties. It is not a blanket policy, however, and there are certain acts which are excluded. For example, there is unlikely to be cover for any prosecutions brought by the Police under the Crimes Act or similar legislation. There is, however, the possibility that cover could attach if the claim is brought by the FMA and it does not relate to the Crimes Act. Cover under a statutory liability policy is dependent on which statutory body brings

the claim and on what basis. There is certainly no one-size-fits-all solution from an insurance perspective. Damian Schade is managing principal, assistant Vice-President and solicitors practice leader at Marsh. Damian advises professional firms on all areas of risk management and liability insurance. damian.schade@marsh.com.

JUSTITIA Providing professional indemnity and specialist insurance products to the legal profession Visit our website www.justitia.co.nz for further information and application forms or contact:

Mr Ross Meijer, Aon New Zealand

 (04) 819 4000 • fax (04) 819 4106 email: ross.meijer@aon.com

LawTalk 827 · 13 September 2013 ·

CPD CalenDar Programme

Presenters

Content

Where

When

Civil introduction to High Court Civil litigation Skills

Sandra Grant Judge Joyce QC or Niki Pender Paul Radich

Mediating Dangerously

This two-day workshop is an excellent opportunity for recently admitted practitioners to develop Auckland 1 practical skills in civil litigation in an intense small-group workshop. Don’t miss this chance to ensure Wellington that you will be able to face a court case with confidence! You will improve your advocacy skills while Auckland 2 you learn how to handle a single file from beginning to end, be able to identify and understand the various steps in the process, develop the practical skills you need to handle this and a range of other litigation files, competently and confidently.

14-15 Oct 29-30 Oct 25-26 Nov

see listing under General

CoMMerCial overseas investment act – process, documentation and latest developments

Annelies McClure

Extended from the presentation at the recent Commercial Law Intensive, this webinar will give an overview of the application process and documentation required, and an update of recent developments – in particular how the 2012 Tiroa E (Crafar farms) High Court decision impacted on the drafting and assessment of sensitive land applications.

Webinar

18 Sep

Takeovers intensive

Chair: David Jones MNZM

The intensive starts with an introduction to some of the recent changes and developments, followed Wellington by an interactive case study in which the presenters will scrutinise a case from the point of view of Auckland the different market participants who may be involved in a takeover. This is a must to improve your understanding of the Code, and its application in a practical environment.

23 Oct 24 Oct

Trusts – implications of the law Commission’s report

see listing under General

CriMinal Criminal appellate advocacy

Dr Mathew Downs Warren Pyke

Attend this seminar to receive a valuable insight into how to prepare and present appeals to the Dunedin High Court, the Court of Appeal and the Supreme Court. This seminar will benefit you as a criminal Christchurch Wellington lawyer regardless of whether you are new to the profession or have reasonable experience. Auckland

Duty lawyer Training Programme Duty lawyers 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 lawyer • learn about penalties, tariffs and sentencing options • observe experienced duty lawyers (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 lawyer at a practice court • be observed and assessed while appearing as a duty lawyer (a full day).

21 Oct 22 Oct 29 Oct 30 Oct

Centre

Intro

Assessment

Practice Court

Wellington Whanganui Hawkes Bay New Plymouth Palmerston North Manukau Whangarei

16 August 9 August 16 August 16 August 16 August 13 September 13 September

27 September 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 18 October 18 October (in Mnku)

28 September 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 19 October 19 October (in Mnku)

FaMilY introduction to Family law advocacy and Practice

Judge Adams Usha Patel

In following through a case you will learn how to master the core tasks, methods, strategies and documentary and non-documentary procedures you need to know if you are to represent your client in a competent and professional manner. Put the jigsaw together and get the total picture. Through precedents, videos, a book of materials, and performance critique, this course, recommended by the Legal Services Agency, is sound, participatory and proven.

Family law Conference

Chair: Antony Mahon

The 2013 Family Law Conference is a not-to-be-missed event providing practitioners with two days Auckland of the latest updates and research in family law. As an adjunct to the conference, two concurrently run half-day pre-conference workshops have been added for a more in-depth look at Lawyer for the Child in the brave new world of Family Court reforms and Drafting s 21 settlement agreements. (An additional charge applies for the workshops.)

Mediating Dangerously

Christchurch 7-8 Oct 10-11 Oct Auckland 14-15 Oct Wellington

21-22 Nov

Auckland

20 Nov

Dunedin Christchurch Wellington Auckland

14 Oct 15 Oct 16 Oct 17 Oct

Webinar

16 Oct

Dunedin Christchurch Wellington Auckland

11 Nov 12 Nov 20 Nov 21 Nov

Webinar

20 Nov

see listing under General

ProPerTY The Difficult Property File

Linda Fox Peter Wright

All residential property files are not equal. Some proceed very smoothly and others just go wrong. Potential problem signals are easily missed or overlooked. This seminar will go through the three stages of the sale and purchase process, negotiation, contract and settlement, looking at how to avoid issues and, if unavoidable, what to do when the file hits the wall. Webinar for smaller centres.

The role of the Trustee Helen Dervan Jeremy Johnson

Attend this seminar to make sure you are fully informed about the role of the trustee, including what it means for lawyers acting as trustees either as individuals, or using trustee companies, and be alerted to the risks that assuming the role of a trustee entails. This seminar will also consider important developments in recent case law. Webinar for smaller centres.

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.

· LawTalk 827 · 13 September 2013

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

Programme

Presenters

Content

Where

When

General Stepping Up – foundation for practising on own account

Director: John Mackintosh

All lawyers wishing to practise on their own account whether alone, in partnership, in an incorporated Wellington 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.

7-9 Nov

Trust account Supervisor Training Programme

Mark Anderson David Littlefair and David Chapman Bob Eades or Lindsay Lloyd

To qualify as a trust account supervisor, you must complete 40-55 hours’ preparation, attend the Auckland 2 assessment day and pass all assessments. Make sure you register in time to do the preparatory Christchurch work before the assessment day as listed on the right.

20 Nov 27 Nov

Tax Snapshot for non-specialists

Barney Cumberland

This seminar will provide an update covering four areas: tax drivers in structuring foreign investment into New Zealand, latest charity and not-for-profit developments, topical tax compliance and enforcement issues, and current tax issues in relation to property. Webinar for smaller centres.

Wellington Auckland

17 Sep 18 Sep

Webinar

17 Sep

logic for lawyers

Prof Douglas Lind

Attend this workshop to learn a practical framework and gain specific analytical tools for working with Wellington legal arguments. The workshop provides sufficiently complete, but short and concise descriptions Auckland of those argument forms and logical fallacies (errors of reasoning) most relevant to legal practice.

17 Sep 19 Sep

ethics – confidentiality and disclosure

Jenny Beck Dr Duncan Webb

A client needs to have confidence that their lawyer’s advice is confidential and that they are able to receive free and frank advice. However, the law in this area has continued to evolve with issues of disclosure coming under particular scrutiny. What is a lawyer’s duty in terms of disclosure to both their clients and the courts? Attend this webinar to ensure you are well versed in these matters.

Webinar

23 Sep

Trusts – implications of the law Commission’s report

Geoff McLay

Trust law will soon undergo significant reforms. Attend this webinar, a must for all practitioners who advise on, draft or administer trusts, to gain first-hand knowledge of how the reforms will impact upon your trusts procedures, and how NZ trusts law has been adjusted to become more compatible with overseas trusts law.

Webinar

26 Sep

The nZlS CPD rules – a practical guide

Neil Gold Christine Grice Chris Moore

This interactive free, succinct and practical seminar is to show you how to apply the rules to maintain Visiting 13 and improve your competency and get the best value from your CPD for you, for your firm and for centres your clients. This seminar is free of charge, but you must register! around NZ Webinar for smaller centres. Webinar Visit www.lawyerseducation.co.nz for full details.

11-23 Oct

17 Oct

iT Projects and Disputes

Michael Bywell

The recent issues surrounding Novopay once again highlight challenges with getting IT procurement right and the consequences when things do go wrong. Attend this webinar to receive practical legal and commercial insights into smarter contracting and how to avoid, manage and resolve these sorts of issues.

Webinar

21 Oct

Update on Contract

Paul David

Contract law is at the heart of commercial law and practice. A sound up-to-date knowledge of the area is essential for all lawyers. This seminar will cover recent court decisions and legislative changes in a practical way. Topics include: formation, interpretation, implied terms, exclusion clauses, cancellation, frustration, the assessment of damages, liquidated damages and penalties and concurrent liability.

Auckland Dunedin Christchurch Wellington Hamilton

31 Oct 4 Nov 5 Nov 6 Nov 7 Nov

Webinar

6 Nov

Webinar for smaller centres. reading accounts and Balance Sheets

Lloyd Austin

While it is not necessary for you to have the financial insight that might be expected of an accountant, you should know how financial statements are put together and know how to ask the right questions and identify warning signs, discuss financial statements intelligently with a client, and know when to call in specialist assistance. This workshop will enable you to unlock the mysteries of financial documents.

lawyer as negotiator

Jane Chart

Building on your own experience, this one and a half day workshop provides hands-on practice and Wellington 2 12-13 Nov feedback, as well as a conceptual framework for preparing for and undertaking negotiations. It examines Auckland 2 19-20 Nov 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.

Mediating Dangerously

Prof Kenneth Cloke

Ken is a world authority on mediation and was the inaugural President of the international organisation Auckland Mediators Beyond Borders. He specialises in resolving conflicts in all contexts and at all levels – Wellington complex multiparty disputes, commercial grievances, family matters, employment problems and public policy disputes. His transformative approach to mediation has become synonymous with the title of this workshop and of his well-known textbook Mediating Dangerously.

infrastructure Projects; Water Conservation & rMa act Developments

Allison ArthurYoung Daniel Minhinnick

Understand how Auckland city’s progress will be mapped out by the Auckland Council’s unitary plan and upcoming Resource Management Act amendments; how will this affect your clients? Presenters will cover intensification, port expansion, heritage, and transport issues af affecting all Aucklanders.

Auckland

17 Sep

Commerce act reforms: Cartels and criminalisation

Matthew Dunning QC Troy Pilkington

How to identify a cartel provision and keep your client out of jail: understanding the most significant reforms to the Commerce Act since its 1986 enactment.

Auckland

8 Oct

Auckland Hamilton Wellington Christchurch

5-6 Nov 11-12 Nov 18-19 Nov 20-21 Nov

15 Nov 18 Nov

in SHorT SeMinar SerieS – aUCklanD

Online registration and booklet purchases (with cheque, direct credit and credit card payment options) available at www.lawyerseducation.co.nz LawTalk 827 · 13 September 2013 ·

Branch News Whanganui

100th anniversary dinner

The Whanganui branch’s 100th anniversary bar dinner will be held at Element Restaurant on Saturday 19 October, starting at 6:30pm. The Wanganui District Law Society was established in October 1913 with a membership of about 60 lawyers. Its establishment came in conjunction with the creation of Wanganui as a separate judicial district, extending between the Patea and Rangitikei Rivers and north to Taihape. All present and former members of the branch or district law society are welcome to attend the 100th anniversary dinner. People wanting to attend can RSVP to Yvonne Nyenhuis, NZLS Whanganui branch, PO Box 712, Whanganui, email wanganuidls@ xtra.co.nz.

Auckland

Panel of partners

Forty young Auckland lawyers gathered at Kensington Swan to hear from a panel of partners. The panel was made up of three of Kensington Swan’s partners: Chris Parke from the corporate and commercial department, Katie Carson from the banking and finance department and Stuart Robertson from the construction and infrastructure department. The objective of the evening was to provide young lawyers with an understanding of life as a partner and of the steps taken to achieve partnership. An array of questions was put to the three partners. These included: What has been your biggest lesson learned? How can I be a better junior? Where do you see the legal profession in 10 years? Chris, Katie, and Stuart talked about how important it is to build strong client relationships during your career. Despite

THE

BUSINESS SKILLS

SERIES LEGAL PROJECT MANAGEMENT 22 September 2013, Auckland

To effectively manage a large-scale legal project, specific skills need to be learned and perfected. This one day workshop will demonstrate the necessary techniques to improve your legal project management capabilities and up-skill your team.

Host: Shaun Plant, Waikato Regional Council & Member PMINZ To register visit www.collaw.ac.nz or call 09 300 3151

· LawTalk 827 · 13 September 2013

Stuart Robertson, Katie Carson and Chris Parke, who provided young Auckland lawyers with a view of life as a partner of a law firm.

the continuing development of technology it is important to pick up the phone and develop a personal relationship with clients. Technology can be great with assisting a client but it should never be relied on to

LAW postgraduate study

INFORMATION

EVENING Tuesday 17 September 2013, 6pm STAFF COMMON ROOM LEVEL 4, 9 EDEN CRESCENT

AUCKLAND CITY

In our fast-paced, global society, there is no substitute for quality. A postgraduate degree from The Auckland Law School, ranked 24th in the world, is a great place to start. Time constraints can be one of the biggest deterrents to further study. This is why our postgraduate programme has been structured to allow ﬂexibility. For more information and to register visit:

www.law.auckland.ac.nz/ information-evening

Branch News form a relationship. Their advice for being a good junior included being proactive, asking questions, owning up to your mistakes, asking for help when you do not understand and meeting deadlines. The New Zealand Law Society Auckland Young Lawyers (AYL) would like to thank Kensington Swan, Chris, Katie and Stuart for their valuable time, insightful advice and sponsorship of this event.

Otago

Golf day on the cards

Interest in a lawyers’ golf day in Otago is being sought. Dunedin PDS lawyer Andrew Dawson is finding out who would be interested in playing in such an event, to be held in the near future. To place an expression of interest, email andrew.dawson@justice.govt.nz.

Dawn blessing

A dawn blessing of the new temporary courthouse on High Street was held at 6:30am on Tuesday 27 August. While only a small number of members attended, the blessing served as a reminder to those there of the importance of the building and the work that will be carried out within its walls.

Southland

Trust account seminar

At the 28 August Auckland branch Film Club evening, New Zealand Law Society President Chris Moore with his wife Heather (left) and their daughter Sarah, who is also a lawyer.

Blue Jasmine

Around 70 people attended the latest Law Society Auckland branch Film Club evening on 28 August. The film club viewed the highly-rated Woody Allen work Blue Jasmine at the Bridgeway Theatre.

The Southland branch is hosting a seminar on trust accounting on 23 September. The seminar presenter is Christchurch-based Law Society inspector David Littlefair and the title of the presentation is Twenty Things You Should Know about Trust Accounts. The seminar will be held at the Invercargill Courthouse, starting at 1pm.

Otago-Southland

Combined dinner

on 6 September. New Zealand Law Society President Chris Moore attended the dinner, which followed meetings of each branch council on the afternoon of 6 September. Mr Moore also attended both council meetings.

Wellington

Celebrating women’s suffrage

The Wellington branch and the Parole Lawyers’ Group are celebrating the 120th anniversary of women’s suffrage with an event at the Law Society building from 5:15 to 7:15pm on 25 September. Tohu Wines have generously agreed to sponsor the wine and this enables the net proceeds from the event to be donated to Dress for Success. Established in Wellington in 2001, Dress for Success Wellington supports women entering or rejoining the workforce by providing interview and work appropriate clothing, accessories, shoes and advice. To book visit http://bookwhen.com/ wellington-branch

Catch up on LawTalk on the go Or in a meeting. Or on a conference call. Or while cooking tea. Aren’t smartphones wonderful?

The Southland and Otago branches had a combined dinner at St Moritz in Queenstown

lawsociety.org.nz/lawtalk

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Expertise I Experience I Independence Paul Moriarty Level 27, PwC Tower, 188 Quay Street, Auckland 1010 P:09 363 3700 M:022 107 5787 E: paul@moriartyassociates.co.nz www.moriartyassociates.co.nz

LawTalk 827 · 13 September 2013 ·

Lawyers Complaints Service

Tim Ban Choon Tee struck off Tim Ban Choon Tee has been struck off after the New Zealand Lawyers and Conveyancers Disciplinary Tribunal found he took advantage of vulnerable clients by taking their money with no proper accountability or record. The penalty decision, [2013] NZLCDT 24, follows the tribunal’s earlier finding in [2013] NZLCDT 12 that three charges brought against Mr Tee had been proven. The first charge alleged that Mr Tee borrowed $52,000 from a client in September 2004. Mr Tee had acted for him on a purchase and was aware he had a surplus of over $50,000. At no stage did Mr Tee advise him he should obtain independent advice, the client said. Mr Tee defaulted on the payments and the District Court at Christchurch entered judgment against Mr Tee for $76,504.35 plus costs and disbursements. The client has received only $4,000 of that amount. The second charge related to another client, who deposed in an affidavit that he had paid $1,400 at Mr Tee’s office for fees regarding his application for residency. The client said he was not given a receipt for the payment. Mr Tee failed to file the application

within the required period. When the client sought to get his money back, Mr Tee said he was in financial difficulty and would pay the money back when he was able. The client’s new legal representatives eventually managed to obtain payment of the $1,400. A New Zealand Law Society inspector said in an affidavit that Mr Tee had closed his trust account in July 2008 and had taken the $1,400 at that time. Mr Tee had used the money to reduce his business account overdraft. The third charge was that Mr Tee failed to place $10,000 on account of costs for another client in a trust account. The client was offered work, conditional on her obtaining a work permit. She applied to Immigration New Zealand, but was declined a work permit. Mr Tee applied for reconsideration of the work permit application and made an application for residency. When she became concerned at what she considered a lack of progress, she approached her employer, who informed her she had to pay Mr Tee $10,000 cash for the application plus a further “gift” of $200 for Mr Tee’s work. Mr Tee did not provide a receipt for the $10,000 nor did the client receive an invoice

Fine for threatening to use complaint service improperly Improperly threatening to complain to the Law Society in order to facilitate a settlement for a client has resulted in a finding of unsatisfactory conduct and a fine. A lawyer, A, has been fined $500 by a lawyers standards committee after she said in a letter that her client would make a complaint to the Lawyers Complaints Service if a matter between her client and another firm, B, could not be resolved. B acted for a client in preparing enduring powers of attorney for the client’s brother. Concerns arose as to whether the brother had capacity at the time the powers of attorney were executed. B advised the client to obtain independent legal advice. The client consulted A. On 5 November 2012, A wrote to B, making

· LawTalk 827 · 13 September 2013

an allegation of negligence against the firm. A advised B that her client was seeking reimbursement from B of the legal fees she had paid to both B and A to date. Her letter ended with the following sentence: “If an amicable resolution cannot be reached, then my client will take the next step which is to make a formal complaint with the Lawyers Complaints Service.” Further correspondence followed in which A restated the intention to lay a complaint with the Law Society on behalf of her client. A partner of B complained about A’s conduct. He asserted that A’s actions were tantamount to extortion. In response to the complaint, A said that the correspondence sent to B was “clearly for the purpose of trying to resolve matters

indicating the extent and cost of Mr Tee’s legal services. “Mr Tee has not discharged his duties with the integrity, probity and trustworthiness required of lawyers,” the tribunal said. “When the three separate instances of conduct are taken together, they indicate in our view that he is not a fit and proper person to practise as a lawyer. “The offending is serious … and we consider that he must be struck off the roll to protect the public,” the tribunal said. Mr Tee was not present at the hearings and is currently resident in Malaysia, reportedly now a partner in a large accounting firm. As well as the strike off, Mr Tee was ordered to pay the Law Society standards committee costs of $11,122 and tribunal costs of $9,500. The tribunal also ordered that $10,000 claimed by Mr Tee from a client is to be cancelled and Mr Tee is to refund that amount to the client. These sums were ordered despite Mr Tee’s bankruptcy in New Zealand. The tribunal noted that considering his employment in Malaysia, he ought to be in a position to meet those costs at some point.

directly to avoid a formal written complaint”. “There is no threat that if payment of monies is not made, a complaint will be made. There is no improper purpose with the wording of this correspondence. There is no threat or suggestion of any criminal complaint being made if compensation is not paid,” A said. The committee said that it would, of course, have been acceptable for A to make an allegation of negligence against B and specify the financial remedy her client was seeking. However A could not improperly threaten to make a formal complaint to the Lawyers Complaints Service as part of a financial settlement. This “crossed the line”. In its view, the committee said, A’s conduct was a “clear breach” of rules 2.3, 2.7 and 2.10 of the Rules of Conduct and Client Care. Accordingly, there had been unsatisfactory conduct on A’s part. As well as the fine, the committee ordered a written apology and costs to be paid by A.

Coming up … AULR symposium and dinner

In the “Coming up” column in LawTalk 825, we noted the upcoming Auckland University Law Review (AULR) 2013 Symposium and Alumni Dinner to be held on 23 September starting at 5:30pm. We noted that Justice Helen Winkelmann will be the symposium chair, stating that she was AULR’s Editor-in-Chief in 1984. In fact, she was joint Editor-in-Chief, along with Leigh McGregor.

Medical law

Robert Francis QC will discuss the English Mid Staffordshire NHS Foundation Trust Inquiry report at a workshop at Rydges Hotel in Wellington on 14 October. Mr Francis, a barrister specialising in the NHS and medical negligence, chaired the independent inquiry into the care provided by the Mid Staffordshire NHS Foundation Trust between January 2005 and March 2009. The report made 290 recommendations with a number of broad themes, including the need for a common culture of putting the patient first and ensuring openness and transparency throughout the system. There will be a panel discussion in response

to Mr Francis’ presentation, with speakers commenting on the inquiry findings from a New Zealand perspective. See www.hqsc. govt.nz/news-and-events/news/1048/.

Competition matters

The Commerce Commission’s first-ever conference, Competition Matters, will be held at Te Wharewaka, Wellington, on 17 and 18 October. See http://e.confer.co.nz/ comcom2013/.

Scholarships and awards

Two New Zealand Law Foundation scholarships and awards have upcoming deadlines for application. Nominations for the Cleary Memorial Prize close on 30 September. Applications for the Doctoral Scholarship should reach the Scholarships Manager of Universities New Zealand by 1 October. See www.lawfoundation.org.nz.

IBA Conference

The International Bar Association’s 2013 conference will be held in Boston from 6 to 11 October. See www.ibanet.org/Conferences/ Boston2013.aspx.

The Classifieds R E G I ST RY The following people have applied to the New Zealand Law Society for certificates or approvals

A DM I SS I O N

under Part 3 of the Lawyers and Conveyancers Act 2006 Lee Chang Min Liu Jingyao Janelle Jaja (Previously Liu, Jingyao) Martyn Courtney Elizabeth

Appleton Tom Benjamin Collins Bullock Jessica Ann Mary Halligan Lucy Jane Le Prevost Danielle Katherine

Mckay Megan Ngaire Lesley (Previously Wanhalla) Moore Hester Kathleen Ventry Morriss Jeremy Stuart Yardley Kerry Louise

APP R OVA L TO PRACT I S E O N OW N ACCO U N T under s 30 of the Lawyers and Conveyancers Act 2006

Baigent Jania Waring Saxton

Broek Melinda Marama

Dempter Hamish Leslie

Cross border legal services

The IBA is holding a conference on cross border legal services in Asia on 12 and 13 November. The conference, entitled Cross Border Services in the Asia Region – Developments and the Future, is co-presented by the IBA and the Japan Federation of Bar Associations, supported by the IBA Asia Pacific Regional Forum. It aims to look into the current status and the future vision of cross border legal issues. See www.ibanet.org/Conferences/ conferences_home.aspx. WI LLS

H U G H L A N G L E Y C AV E R S Would any lawyer holding a will for the above-named, late of Okiato Point, Bay of Islands, then Whangarei and Paihia, who died on 3 July 2013 at Paihia, please contact Mark Thomson, Harkness Henry: mark.thomson@harkness.co.nz Ph 07 838 2399, · Fax 07 839 4043 Private Bag 3077, Hamilton 3240

MURIEL CAIRNS Would any lawyer holding a will for the above-named, formerly of Palmerston North but late of Waiheke Island, Auckland, who died on 9 June 2013 at Auckland, please contact Chris Daisley, Whaley Garnett: cjd@whaleygarnett.co.nz Ph 09 520 4477, · Fax 09 522 0894 PO Box 17181, Auckland 1546

NAN WAUGH Would any lawyer holding a will for the above-named aka JOY WAUGH, late of 10a Longfellow Parade, Titirangi, Auckland, who died on 2 July 2013 aged 55 years, please contact Pearl Butler, Gellert Ivanson: pearl.butler@gellertivanson Ph 09 575 2330, · Fax 09 575 2337 PO Box 25239, St Heliers, Auckland 1041

OLIVIA HORIWIA BRADBROOK AND GERALD BRADBROOK

Would any lawyer holding a will for either of the above-named, late of Gisborne, retired, who died on 16 August 2013, please contact Siobhan Simpson, ARL Lawyers: siobhan.simpson@arl-lawyers.co.nz Ph 04 566 6777, · Fax 04 569 3354 PO Box 30430, Lower Hutt 5040 · DX RP42002

R O B E RT M U R R AY W I L K I N S O N 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 www.lawsociety.org.nz/ for-lawyers/law-society-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 19 September 2013. Any submissions should be given on the understanding that they may be disclosed to the candidate.

LI SA AT T R I L L , R EGIST RY M A N AGER lisa.attrill@lawsociety.org.nz 04 463 2916 0800 22 30 30, 04 463 2989

Would any lawyer holding a will for the above-named, formerly of Auckland and Christchurch and latterly of of 123 Jerrang Street, Indooroopilly, Australia, born in Christchurch on 26 October 1949, who died on 3 January 2013 at Waikato Hospital, please contact Gemma Barden, Clark & Gay, Barristers & Solicitors: gemma@clarkandgay.co.nz Ph 07 863 7250, · Fax 07 863 8306 PO Box 5, Waihi 3641 · DX HA43502

LawTalk 827 · 13 September 2013 ·

WI L L S

SUZ ANNE MARY WILLIAMS

JOSHUA THOMAS MCBEAN

Would any lawyer holding a will for the abovenamed, late of 22 Kensington Terrace, Gulf Harbour, Whangaparaoa, who died on 12 July 2013 at Gulf Harbour, please contact Nola McGowan, Vlatkovich & McGowan, Solicitors:

Would any lawyer holding a will for the abovenamed, late of Lower Hutt, benficiary, who died on 16 October 2011, please contact Siobhan Simpson, ARL Lawyers:

nola@vlatkovichmcgowan.co.nz Ph 09 424 8146, · Fax 09 424 7189 PO Box 120, Whangaparaoa 0943 · DX CP60502

O O M M E N K U R I A KO S E PA N AC H A M O OT T I L Would any lawyer holding a will for the above-named, late of 323 Rangatira Road, Beach Haven, who died on 2 July 2013, please contact Robert Barnes, Solicitor: Ph 09 418 0763, · Fax 09 418 0332 PO Box 34154, Birkenhead, Auckland 0746 or DX BP 65501

CYRIL NORMAN MILNE Would any lawyer holding a will for the above-named, late of Levin, retired, who died on 30 July 2013, please contact Kim Schouten, Kensington Swan: Kim.Schouten@kensingtonswan.com Ph 04 498 0883, · Fax 04 472 2291 PO Box 10246, Wellington 6143

RICKI KEITH COBB Would any lawyer holding a will for the above-named, late of Masterton, who died on 5 November 2011, please contact Ainslie Hewton, Solicitors: hewtonlaw@xtra.co.nz Ph 06 377 5537, · Fax 06 370 8688 PO Box 382, Masterton 5840 · DX PA89049

siobhan.simpson@arl-lawyers.co.nz Ph 04 566 6777, · Fax 04 569 3354 PO Box 30430, Lower Hutt 5040 · DX RP42002

COLIN HARLEY MOIR Would any lawyer holding a will for the above-named, late of Christchurch, who died on 13 July 2013, please contact Christine Darling, Duncan Cotterill: christine.darling@duncancotterill.com Ph 03 379 2430, · Fax 03 379 7097 PO Box 5, Christchurch 8140

A N T H O N Y E TA H I TA I M A M O R A N Would any lawyer holding a will for the above-named, late of 1/14 Garvins Road, Hornby, Christchurch, who died on 22 July 2013, please contact Leanne Overend, Pier Law: leanne@pierlaw.co.nz Ph 03 327 0590, · Fax 03 327 0591 PO Box 377, Christchurch 8140

MEREHAU ROO TEKURIO Would any lawyer holding a will for the above-named, late of 205 S. Western Avenue, Anaheim, Orange, USA, Custodian, born on 8 December 1932, please contact Natasha Williams, Corban Revell, Lawyers: nwilliams@corbanrevell.co.nz Ph +64 9 837 0550, · Fax +64 9 838 7187 PO Box 21180, Henderson, Auckland 0650

F O R SALE

Conveyancing Practice For Sale · Back on market – purchaser finance fallen over. · Sole Practitioner retiring due to other Business Interests. · Strong cash flow with good profit. Marketing programs that attract ongong clients from overseas and NZ wide. · Locality not an issue. Excellent opportunity to expand your business with wills, trusts and estate planning. · Good client data base and repeat client work. · Add $150K to your bottom line. Email expressions of interest to: enquiriesbusiness4sale@gmail.com

LEG A L S ERV I CES

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

S I T UAT I O N S VACA N T

Commercial Lawyer Boutique commercial firm with an expanding and eclectic stable of excellent clients seeks hard working, senior solicitor with proven intellectual grunt to practise challenging commercial law. Other key attributes: adaptability, decisiveness, courage, candour and common sense. The position offers excellent rewards for the right person. It would suit someone stuck at associate/salaried partner level and looking for greater autonomy and responsibility, or career refreshment. Dunedinbased. Contact Fraser Goldsmith for further information. fraser@goldsmithlaw.co.nz or 027 478 2209

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

· LawTalk 827 · 13 September 2013

SI TUATIONS VAC ANT

ACCIDENT COMPENSATION APPEAL AUTHORITY

Legal Complaints Review Officer (Auckland) Applications are invited from suitably qualified persons for appointment as a full-time Legal Complaints Review Officer (LCRO). Under the Lawyers and Conveyancers Act 2006, the appointment of this position is made by the Minister of Justice, in consultation with the New Zealand Law Society and the New Zealand Society of Conveyancers. As the LCRO you will have statutory responsibility for promoting public confidence in law practitioners and conveyancers. You will provide independent oversight and review of the decisions of the Standards Committees of the NZ Law Society and the NZ Society of Conveyancers, which handle complaints in the first instance. To be appointed LCRO you must not be practising as a lawyer or conveyancer at the time of appointment. Further details, including a position description and application pack may be obtained at www.justice.govt.nz. Applications close on Friday 27 September 2013.

Expressions of interest are invited from suitably qualified persons who would like to be considered for appointment as an Accident Appeal Authority. The Authority hears appeals against Accident Compensation Corporation decisions, and reviews decisions that were made under the 1972 or 1982 Accident Compensation Acts. Generally the appeals and reviews considered by the Authority relate to injuries that occurred before 1 July 1992. The workload of the Authority is of a part time nature. Over the last 5 years the Authority has received on average 12 new appeals a year. The position is serviced from Wellington. Ideally the appointee should be Wellington based, however, it may be possible to accommodate an alternative location. The governing legislation provides for an appointment term of three years. Remuneration for the position is currently set at $770 per day. A position description and expression of interest forms are available from the Ministry of Justice website www. justice.govt.nz. Expressions of interest are sought by 27 September 2013.

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Presenting your Venator team: Jane Wellik – LLB Legal – Wellington & South Island Phone 04 978 1850 Meryn Hemmingsen – LLB/BSocSci Legal - Auckland Phone 09 920 6678 Amber Trebitsch – BA/LLB Legal – Auckland Phone 09 920 6678 Tim Rosenberg – BSC (Hons.)/MRICS Property – National Phone 09 920 6678 Merging exceptional talent with exceptional environments Your way forward Talk to us now

Working closely with the NZ General Counsel and the U.S. legal team, the role will include broad exposure to software licensing and also to general legal work typical of an in-house counsel position such as international corporate compliance, intellectual property, policy documents, employment advice, insurance and assisting the General Counsel on corporate legal strategy. You should have around 3 – 4 years’ top tier or boutique experience. The role will include performing negotiations on your own account, and a confident, hands on, commercial approach will stand you in good stead. Some IT experience is required (preferably in software licensing and/or SaaS). Healthcare IT experience would be of interest, however is not essential. As with most in-house roles, you will work across a broad range of matters and need to be comfortable working autonomously as well as part of a team. This is a rare opportunity that should not be missed. To apply, please send your cv to merynhemmingsen@venator.co.nz quoting reference 34393 or call Meryn Hemmingsen 09 920 6678.

LawTalk 827 · 13 September 2013 ·

SI TUATIONS VAC ANT

Costs Ass ess or s need e d The Lawyers Complaints Service is looking for more voluntary costs assessors to help resolve complaints about lawyers’ fees in Wellington. To be eligible, applicants should preferably have at least seven years’ experience practising in New Zealand as either a barrister or solicitor. Assessors are need in all practice areas but particularly in employment, criminal, family, civil and estates. Costs assessors are appointed under delegated authority by lawyers standards committees under s184(1) of the Lawyers and Conveyancers Act 2006. Their role is to analyse the bill of costs and the client file, meet with the parties if appropriate and report to the standards committee as to a fee that is fair and reasonable. Any report will be copied to the parties and the standards committee will make the final determination. For more information or to be considered for an appointment to the costs assessor panel, please contact: Neil Mallon Team Leader, Lawyers Complaints Service New Zealand Law Society wellingtoncomplaints@lawsociety.org.nz D D +64 4 472 7837 · Fax +64 4 463 2984

Senior Associate 10+ years PQE Auckland Known for having some of the sharpest legal minds in the country acquired from leading commercial law firms, this large Commercial Department services the corporate, commercial, property and litigation needs of many recognised New Zealand brands across the property and retail industries and the public sector. An opportunity exists within the Property practice for an experienced Senior Associate to manage a large and technically complex acquisition involving numerous pieces of land and the associated negotiations. Given the sensitive nature of this acquisition a certain level of empathy is required. As well as acquisitions and disposals of commercial property, the role also deals with development agreements, commercial leasing and property disputes. The successful lawyer will be well networked with considerable and broad commercial property experience and an understanding of the Public Works Act. They will have the ability to win new business and a desire to progress their career. In return, this opportunity promises a great variety of quality work that would easily rival large corporate firms, a cohesive and flexible culture and remuneration that is competitive with market rates. For a confidential discussion please contact Jennifer Little at Jennifer@hrshop.co.nz 0508 HR SHOP / Level 1 - 182 Vivian Street Po Box 7031, Wellington South

ANZ Bank New Zealand Limited Corporate Counsel, NZ Legal Group Auckland ANZ realises that our greatest asset is our people. That is why we are creating a unique environment of inspiration, leadership, values and great opportunities that will enable the best in the market to thrive as part of our diverse team. We have an exciting opportunity for an experienced lawyer in our Legal team. Based in Auckland, you will report to the Associate General Counsel for ANZ Commercial & Agri. In this role you will help the Commercial & Agri business to structure and document its high value and/or complex debt transactions, which will include some cross-border lending as well as multilender club debt facilities. You will also provide general advice on various key industry projects undertaken within this sector, and assist other members of the Commercial & Agri Legal team to advise the Insolvency and Receivership unit, the Property Finance Unit, and ANZ’s asset finance subsidiary, UDC Finance. To be successful in the role: • you will have an LLB qualification, and minimum 6 years of post-qualified experience working in a large bank or within the banking and finance team of a large NZ law firm; • you will be experienced in structuring and documenting bilateral debt transactions, including all aspects of security, and be familiar with leveraged lending, cross border lending, and multi-lender transactions; • as a senior lawyer, you will have worked with senior members of organisations and be able to demonstrate your ability to gain the respect and influence internal and external stakeholders. We offer a supportive environment where your contribution is valued and your achievements recognised and rewarded. In joining ANZ the benefits include not only working for one of New Zealand’s largest employers; we are able to offer exceptional professional development, along with a competitive remuneration and benefits package. Become part of our team today by visiting www.anz.co.nz/about-us/careers and search for reference NEW011287 to apply for this position, or to view other opportunities. ‘We connect you to your world of opportunity’.

· LawTalk 827 · 13 September 2013