LawNews Issue - 14

THIS WEEK’S ARTICLES

Issue 14 14 May 2021

Radical shake-up in legal education p1

Big gaps in our antimoney-laundering compliance p3

LawNews adls.org.nz

LEGAL EDUCATION

Tikanga becomes compulsory for law students

By Diana Clement

The biggest shake-up in legal education in a generation has begun, with unanimous approval by the New Zealand Council of Legal Education (CLE) to include concepts of te ao Māori and tikanga in all core law degree courses.

And it’s likely a new core subject, tikanga, will be added to the curriculum as well.

One of the movers and shakers behind the change is Khylee Quince, Ngāpuhi, an associate professor and interim Dean of Law at AUT. She says it’s a watershed moment.

“This is a real game changer,” says Quince, New Zealand’s first Māori dean of law, though some aspects of te ao Māori have already found their way into public, environmental and constitutional law.

“The game changer really is the fact that it’s across-the-board and it’s mandatory.” It will now be formally incorporated in contract, torts, criminal, public and property law core courses.

The CLE vote was unanimous. In a Facebook post late last week, Quince noted the importance of advocacy by Māori members of the council, especially Natalie Coates, David Green, Maia Wikaira and the chairman, Justice Mark Cooper.

“Ngā mihi tino nui ki a koutou e hoa mā,” Quince wrote.

Pākehā members of the council also supported the move, including Judge Bill Hastings, Justice Gerard van Bohemen, Kathryn Dalziel, Helen Bowie and two young male law students.

The formal resolution, on May 7, was that te ao Māori concepts, particularly tikanga Māori, would be taught in each of the core law subjects within the Bachelor of Laws and Bachelor of Laws with Honours degrees at all New Zealand universities.

Tikanga will be injected into core law subjects

When Māori think of the law, they think of injustice. They think of confiscations. They think of imprisonment and incarceration

The council will meet in November to consider adding the new core subject of tikanga as well.

The country’s law schools had already been under the microscope prior to this month’s decision, thanks to increasing awareness that legal education is not meeting the needs of Māori and students from diverse backgrounds.

Most recently, Chief Justice Dame Helen Winkelmann voiced her concerns at an ADLS breakfast in March by saying law schools’ approach to teaching should be ‘blown up and Continued on page 2

LEGAL EDUCATION

Tikanga becomes compulsory for law students Continued from page 1

continue after he died was a practical example of the need for tikanga to be integrated into legal education and the common law.

reconstructed’. Legal education was the most significant structural issue the legal profession faced, Justice Winkelmann said.

The cultural significance of the precedent is highlighted by the decision. Ellis’ lawyer Natalie Coates used an argument, based on tikanga, that both Māori and Pākehā retain mana even after death.

Several times since being sworn in (in March 2019) she has addressed the issue, saying it’s “not without legal and academic controversy”.

Nevertheless, Justice Winkelmann says in her view judges must be aware of, and comfortable with, the principles of tikanga and there is an everincreasing recognition in statute that there is a place for it in our law.

Likewise, earlier this year the Supreme Court’s Justice Sir Joe Williams, Ngāti Pūkenga, Waitaha and Tapuika, gave a lecture at the University of Otago entitled Decolonising the law in Aotearoa: Can we start with the law schools? He said the law schools needed decolonising because they map and replicate the status quo, ensuring the continued dominance of the ruling class.

Practising law has not always been that attractive to Māori, Quince says. She notes the first wahine to graduate, Dame Georgina te Heuheu, Ngāti Tūwharetoa, was as recent as the 1970s.

It’s not surprising, therefore, says Quince, that we didn’t have our first Māori Supreme Court judge (Justice Williams), the first Māori Chief District Court judge, Heemi Taumaunu, Ngāti Pōrou, until 2019 and the first Māori Dean of Law, herself, until 2021.

Law schools are changing and are no longer the mono-cultural places of old. At AUT, for example, the student population in the law school is diverse.

“That’s a massive shift,” Quince says. “I started in this job 23 years ago, where the students that would look back at me were overwhelmingly Pākehā.”

But all roads led to the need for a bicultural legal education system.

Quince says that along with the increasing influence of Māori in the profession, the growing importance of tikanga is also boosted by key allies, including Justice Winkelmann and her predecessor, Chief Justice Dame Sian Elias.

“Women with a very strong social justice ethos. So, a lot of the change is coming from the practice end which is really interesting.”

Moving to a bicultural legal education is about catchup, Quince says. It’s also being a good treaty partner. She says tikanga is becoming increasingly important at all levels in the courts, especially in the district court. Yet judges and lawyers don’t necessarily understand it. “They just don’t have the tools from their own legal education.”

Associate Professor Khylee Quince

Law is problematic for Māori as a discipline and a practice. Because of that, it’s not that attractive to be in this business Until now, one of the difficulties with Māori entering the legal profession has been their collective and intergenerational experience of the law and lawyers, and the harm caused to Māori by the profession, Quince says.

“We’re not represented well in other professional industries (such as business and medicine), but those industries don’t evoke the same reaction and distaste [as] the law. When Māori think of the law, they think of injustice. They think of confiscations.

They think of imprisonment and incarceration.

Law is problematic for Māori as a discipline and a practice. Because of that it’s not that attractive to be in this business.”

The Supreme Court’s decision to allow the appeal against the conviction of sex offender and former Christchurch Civic Creche worker Peter Ellis to

LawNews

Editor: Jenni McManus

LawNews is an official publication of Auckland District Law Society Inc. (ADLS).

Publisher: ADLS Editorial and contributor enquiries to: Jenni McManus, phone 021 971 598 or email jenni.mcmanus@adls.org.nz Advertising enquiries to: Darrell Denney, phone 021 936 858 or email Darrell.Denney@adls.org.nz

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Quince has taught professional development courses and programs to educate judges on tikanga. She says they can face issues such as the factors to consider when uplifting a child from its whanau. “You are required by statute to consider the mana of that child and its whakapapa. They need to know what those things mean. They’re not just words. You can’t just look them up in the statute and find the meaning. They need to be fleshed out.”

Likewise, Linda Te Aho, associate dean Māori for the Division of Arts, Law, Psychology and Social Sciences at Waikato University, says lawyers need to understand the meaning of terms such as mana tamariki in the Oranga Tamariki Act. “How can judges and lawyers argue that something is in the interest of mana tamariki if they have no idea what ‘mana’ means or mana, related to tamariki, means,” she says.

Speaking at the ADLS breakfast, Justice Winkelmann said lawyers needed to think of themselves as caregivers, especially those in the criminal and family jurisdictions who were dealing with people with shredded, broken lives. “We need to understand the impact and the engagement of the services we provide on their lives,” she said. “So yes, I’d blow the law schools up and redesign.”

Pragmatic move The move to inject tikanga into the core courses is also pragmatic, Quince says. “You know 17% of the population is Māori [and] a much bigger Continued on page 4

All mail to: ADLS, Level 4, Chancery Chambers, 2 Chancery Street, Auckland 1010 PO Box 58, Shortland Street DX CP24001, Auckland 1140, adls.org.nz LawNews is published weekly (with the exception of a small period over the Christmas holiday break) and is available free of charge to members of ADLS, and available by subscription to non-members for $140 (plus GST) per year. To subscribe, please email reception@adls.org.nz.

©COPYRIGHT and DISCLAIMER Material from this publication must not be reproduced in whole or part without permission. The views and opinions expressed in this publication are those of the authors and, unless stated, may not reflect the opinions or views of ADLS or its members. Responsibility for such views and for the correctness of the information within their articles lies with the authors.

LawNews Issue 14 | 14 May 2021

​C RIMINAL LAW

How to improve our AML/CFT compliance

By Blair Keown and Alix Boberg

New Zealand has received a solid report card in a long-awaited review of the effectiveness of its anti-money-laundering and counter-financing of terrorism (AML/CFT) regime.

The 260-page mutual evaluation report, by the Financial Action Task Force (FATF), was released on 29 April. Its findings were keenly anticipated by government agencies and reporting entitles as our controls were last reviewed in 2013, just months after the AML/CFT Act came into force.

The FATF report found our system to be “effective in many respects” and observed its strengths in confiscating the proceeds of crime and in investigating and prosecuting money-laundering.

But, as we anticipated in our Big Picture last year, the FATF found room for improvement in areas such as corporate transparency, supervision and financial sanctions.

We expect the New Zealand police, three AML supervisors and the government to take careful note of the FATF’s recommendations, which arrive in time for the imminent statutory review of the Act. In this article we highlight the key AML/CFT risks facing New Zealand, the FATF’s evaluation of compliance by reporting entities and three priority actions for New Zealand that may prompt regulatory change in 2021.

Risks understood, threat remains The FATF describes New Zealand’s understanding of its AML/CFT risks as “robust”, reflecting comprehensive risk assessments by the police and strong co-ordination and cooperation among domestic agencies responsible for AML supervision.

New Zealand is a “high integrity jurisdiction”, as reflected in its regular first placing on the Transparency International Corruption Perceptions Index.

Blair Keown

Alix Boberg

New Zealand faces money-laundering threats from criminal proceeds generated domestically (typically from drugs, tax and fraud offending) and internationally from transnational organised crime groups low, authorities are alert to the possibility that funds might be raised, moved or used for terrorist purposes following the Christchurch attacks.

underreported from Phase 2 reporting entities; and

Mixed compliance The compliance of reporting entities attracted a mixed assessment from the FATF, which observed that the sophistication of AML/CFT controls largely reflected the size and length of time the entity had been subject to the AML/CFT Act.

While banks and larger financial institutions had implemented AML/CFT controls to “a good standard”, the controls of the money transfer sector were “variable” and those of professional services firms (the more recently captured Phase 2 reporting entities) were “still developing”.

However, New Zealand faces money-laundering threats from criminal proceeds generated domestically (typically from drugs, tax and fraud offending) and internationally from transnational organised crime groups.

The FATF observed the following areas where reporting entities could improve their understanding and compliance with AML/CFT obligations:

Our open economy and ease and low cost of creating legal structures attract the movement of funds to and through New Zealand. The FATF highlights the vulnerability of New Zealand’s banking, money transfer, real estate and professional services sectors to money-laundering in light of their role and size in the overall financial system.

Further, while the risk of terrorist financing remains

Conducting comprehensive risk assessments, tailored to the particular services, scale and customer base of the business;

Screening customers as part of due diligence processes to ensure politically-exposed persons (PEPs) and designated individuals under sanctions lists were identified; Educating employees about filing suspiciousactivity reports (SARs), which continue to be

The completion of registration with the New Zealand Police Financial Intelligence Unit, notwithstanding identified technical issues with that reporting system.

Beneficial ownership obscure In a country with more than a million legal persons (such as companies, limited liability partnerships and trusts), the FATF reports “substantial gaps” in the available information about the individuals who ultimately own and control these legal entities.

While modest measures have been implemented in recent years, including a register of foreign trusts and company director residency requirements, it remains difficult to collect beneficial ownership information or to determine whether shareholders or directors are acting in a nominee capacity.

Among other reforms, the FATF has invited New Zealand to consider a beneficial ownership register, which would provide information as to who owns, or effectively controls, legal entities.

Proposals for such a register are not new. In 2018, MBIE issued a discussion document asking the public what requirements should be imposed on companies and limited liability partnerships to hold and disclose information about their beneficial owners.

Continued on page 6 3

Continued from pages 1, 2 percentage of the young population. So partly it’s also changing demographics.”

She adds: “In those particular pain points of family law and criminal law, we know that overrepresentation of Māori is stark. The only way you can really respond to those structural longterm systemic problems is to come to the table.”

The changes to legal education will fit with evolving legislation. As examples, Quince cites the new Oranga Tamariki Act, which incorporates tikanga Māori concepts. “Lawyers need to be able to make those arguments and respond for the client, whichever side they’re on.”

Whatever avenue of law, business or other professions law graduates choose, they will see the benefits of understanding and appreciating how to respond to Māori clientele, she says. “It’s not just tikanga in relations to rules and regulations but also the soft skills.

I started in this job 23 years ago, where the students that would look back at me were overwhelmingly Pākehā “I think it’s okay to make a generalisation that most law schools have traditionally focused on hard knowledge. What is the law in relation to conveyancing? How do you buy and sell a house?

What they haven’t focused on necessarily is the soft skills – stuff about establishing and managing relationships with people. How should you advocate for and represent people appropriately?”

The added benefit of integrating tikanga into legal education is that it will boost soft skills and, as a result, fill holes in good effective legal practice, says Quince. Anyone could look up the answer to a tikanga question in a book or read cases. Being able to understand the cultural context is taking the law to the next level. “That’s pretty exciting.”

Work in progress It is not yet known how the process will evolve, what the content will include, how consistency can be ensured and who will deliver the education.

Most likely students will get regional flavours of tikanga in their core subjects, says Quince. “There will need to be consistency across the universities, but it will not always be identical. If you go to Waikato University you will get something that will be centred on Tainui tikanga. Similarly, in Auckland you will get an influence from Ngāti Whātua and the other tribes of the Auckland Tāmaki isthmus.

So, how the tikanga content will be melded into existing core papers is a work in progress. “We’re talking about tikanga as it relates to law,” says Quince. It could be delivered by specialist tikanga practitioners in local iwi or Māori lawyers, but academic staff from Māori departments at the 4

Orakei marae

universities could also assist, she says.

The move to incorporate tikanga into core courses doesn’t require any formal change to the regulations. It will, however, take some time to source the content and to form and foster relationships, she says.

But adding a separate core paper in tikanga will require regulatory changes, which will be discussed at the council’s next meeting in November. A curriculum will need to be developed for the tikanga core course, once it is approved.

“The new, substantive course will likely include some sort of shared fundamental principles, with regional variations on examples of how it plays out in this territory,” says Quince.

Te Aho points out that her law school, at Waikato, was founded on bicultural legal education 25 years ago.

Apart from anything else, it was a necessity. When the bid was made to create a new law school, the existing schools were jealously protective of their territory, she says. The new approach enabled the school to differentiate itself.

“For Te Piringa Faculty of Law, recognising the importance of a bicultural, bilingual and bijural legal education is not new. There’s this narrative that it’s the new thing and it’s an exciting thing but actually it was a new and exciting thing when the law faculty was established at Waikato many years ago,” says Te Aho. “One of the founding principles of our faculty was to teach law in a different way and that included with a specific goal of bicultural legal education.

“In 1988, the University of Waikato published Te Matahauariki, a report arguing for the establishment of a new law school at Waikato and recognising the need for a legal education that reflected the needs and concerns in a bicultural society.

“Remarkable for the time, the new law school would

In those particular pain points of family law and criminal law, we know that overrepresentation of Māori is stark. The only way you can really respond to those structural longterm systemic problems is to come to the table provide an opportunity to give meaning to the notion of partnership in good faith that was central to the Treaty of Waitangi.”

So, not just teaching ‘here’s the law, remember it and regurgitate it’, says Te Aho. “But this is why law is important in its social context. Tikanga and kaupapa Māori have been woven into the structures and processes of the law school, enabling staff and students to understand and know about Māori and other indigenous legal systems.

“Over time, Te Piringa became instrumental in encouraging students to use te reo Māori in assessment, paving the way for the university and other law faculties to follow suit. The faculty has also promoted te reo Māori mooting and alternative dispute resolution skills.”

Other law schools may be able to learn from the Waikato experience. “It is imperative that faculty staff comprise tikanga and reo experts,” says Te Aho. “Since establishment, Te Piringa has retained a pou tikanga (elder in residence) to enhance the contribution of staff members.”

Waikato has produced a large number of graduates with a specialist knowledge of Te Tiriti o Waitangi.

LawNews Issue 14 | 14 May 2021 LETTER TO THE EDITOR

A bouquet from barrister Des Wood I am writing to commend you on your warm and thoughtful tribute to Peter Nolan.

Peter is a gem. He is also a good bloke and one many of us have admired both personally and professionally for some time. I had quite ·a lot to do with Peter in the discussions and presentations that followed the monumental Supreme Court decision that he has referred to, Property Ventures Investments Ltd v Regalwood Holdings Ltd. The challenges of that decision were comfortably met because of his input and that of some others.

Those ‘some others’ were principally the remaining two luminaries of property law in Auckland, Don McMorland and Tim Jones.

It was my great good fortune to be on the committee with those two when the lengthy and detailed recently-concluded revision of the agreement for sale and purchase was undertaken. It is not overstating the position to record that it was close to property law heaven (if there is such a beast) to work with those two and then have Peter’s formidable input into the re-drafting of the present version.

The discussions were at the high end of property law but always tempered by the necessary practicality that the task required.

We have been well spoiled by the attention of such people to this part of our profession.

D A Wood Barrister

Property and/or litigation lawyer 4 years’+ PQE Excellent remuneration, flexible working arrangements Auckland, Full Time • Rare opportunity to join a high-performing, in-house team • Varied role • Excellent workplace culture Barfoot & Thompson is Auckland’s leading real estate company with 78 branches and 2,500 staff.

It’s a family-owned-and-run business that has been selling homes for over 97 years.

We are currently looking for a property and/or litigation lawyer to join our team with the following skills and attributes: • Understanding of residential, commercial and rural real estate transactions

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Applications are invited from legal counsel who consider themselves suitably qualified by reason of personality, cultural background, training and experience to work as a youth advocate.

To apply, please send your CV and cover letter to: For Auckland YC: Charlotte Johnson Charlotte.Johnson@justice.govt.nz For Waitakere YC: Kiri Parker Kiri.Parker@justice.govt.nz For North Shore YC: Alan Aspey Alan.Aspey@justice.govt.nz Applications close 2 June 2021 Charlotte Johnson, Kiri Parker & Alan Aspey Service Managers, Youth Jurisdiction

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If you think you have what it takes, we would love to hear from you. Please apply by sending your current CV and covering letter to Lisa Gerrard, lgerrard@barfoot.co.nz. For further information, please phone Lisa on 021975630.

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Employment Lawyer 5 years’ + PQE

Kiely Thompson Caisley is a specialist boutique employment law firm and one of New Zealand’s leading employment litigation firms. We act for some of New Zealand’s largest companies and regularly appear in the Employment Court, Court of Appeal and Supreme Court.

We have an opportunity in our Auckland office for an intermediate/senior lawyer with proven experience, drive and commitment. If you have the following attributes, then we would love to talk to you: • A passion for employment law.

• A minimum of 5+ years’ post-admission experience in employment law and/or litigation.

• A common-sense and pragmatic approach to problem solving.

• A commitment to delivering outcomes that drive client success.

• Highly developed analytical and problem-solving abilities.

• Ability to work under pressure and meet deadlines.

• Strong communication and relationship skills.

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• Experience managing complex matters and advice.

• Attention to detail and commitment to quality.

• Proven networking skills within the law/business community.

At Kiely Thompson Caisley we value individuality and diversity, and we offer a supportive, flexible working environment. The successful applicant will receive a highly competitive remuneration package.

Please email your CV, along with your academic transcript and cover letter, in confidence to our Operations Manager, Gina Spooner, spooner@ktc.co.nz.

Continued from page 3 MBIE’s preferred option was to introduce a publicly accessible beneficial ownership register. Although the previous Minister of Commerce and Consumer Affairs described it as a “priority”, it has not gained any traction. In the United Kingdom, where a register of “People with Significant Control” has been in place for companies since 2016, the register is well used but lacks verification, casting its reliability into doubt.

We expect the FATF report to return the government’s focus to MBIE’s proposals for a beneficial ownership register. Any such proposals are likely to be met by understandable concerns about the additional cost and compliance burden of such a register. As a result, change may not happen quickly.

Inadequate sanctions The FATF found the depth of supervision by the three AML supervisors was broadly proportionate to the relative AML/CFT risks of their respective sectors, with the exception of the higher risk banking sector, which demanded more intensive supervision.

However, the FATF found the supervisors lacked a sufficient range of deterrent sanctions with which to penalise non-compliant reporting entities.

Generally, the FATF observed, supervisors used public or private formal warnings in most non-compliance cases, with enforceable undertakings and injunctions rarely used. (See our Big Picture for further details of these trends.)

The FATF recommended the supervisors be given a greater range of pecuniary penalties and the ability to impose administrative penalties.

Pecuniary penalties are already available for a range of breaches of the AML/ CFT Act. However, administrative penalties – for example, penalties imposed directly by regulators without the involvement of the courts – are a relatively foreign concept to New Zealand’s financial regulation.

Their introduction would represent a significant change to the enforcement landscape. Pending any further legislative or regulatory change, we expect all supervisors, including the newly-established enforcement team at the Reserve Bank, will be reflecting on their use of sanctions for non-compliance.

As a result, we may see more severe enforcement outcomes for compliance breaches in the months to come.

No clear mandate New Zealand’s sanctions regime adopts the sanctions imposed by the United Nations Security Council through the promulgation of domestic regulations. A failure to comply with those sanctions regulations is a criminal offence.

The FATF report highlights that none of the Reserve Bank, Financial Markets Authority or Department of Internal Affairs has any mandate to supervise reporting entities for the implementation of sanctions as part of their compliance controls.

There is, therefore, no check on whether New Zealand entities are doing business – illegally – with designated persons or countries under our sanctions regulations. There have been very few prosecutions in New Zealand for sanctions breaches.

The FATF recommends that New Zealand gives clear powers to one or more appropriate agencies to supervise sanctions compliance, including educational outreach about sanctions obligations.

Given the significant variation in corporate understanding of sanctions obligations, we see that recommendation as a positive development. It reflects similar steps taken in other jurisdictions to ensure sanctions are properly understood and implemented – for example, the creation of the Office of Financial Sanctions Implementation in the United Kingdom.

Overall, the FATF Mutual Evaluation report is a largely positive endorsement of New Zealand’s commitment to AML/CFT controls, which nonetheless (and as expected) gives AML supervisors and reporting entities areas for improvement.

We expect some of the FATF’s findings will be reflected in legislative priorities for the upcoming statutory review of the AML/CFT Act. Blair Keown and Alix Boberg are partners at Bell Gully

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LawNews Issue 14 | 14 May 2021

Collegiality Events Inaugural Annual Breakfasts with the Rt Hon Dame Helen Winkelmann Wellington Thursday 8 July | 7.15 am - 8.30 am InterContinental Wellington | 2 Grey Street Christchurch Thursday 19 August | 7.15 am - 8.30 am The George | 50 Park Terrace

2 Jun

East Auckland Lawyers’ Lunch Goode Brothers

3 Jun

Rotorua Sundowner Regent Room

99 Jun Jun

Newmarket Lawyers’ Lunch New York Grill

For tickets & more information click on this page or contact us T 09 978 3970

E events@adls.org.nz

W adls.org.nz/collegiality

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To view all ADLS CPD & register: adls.org.nz/cpd Email us: cpd@adls.org.nz Phone us: 09 303 5278

Featured CPD The Taxation of Settlements and Awards: What Lawyers Need to Know — FINAL NOTICE In person | Live Stream Advocating for clients to achieve the best financial outcome is critical. Whether they receive a court award or settle out of court, in disputes involving money your client will ultimately be concerned with their bottom line. But what happens if they receive an unexpected tax bill and don’t pocket what they were expecting?

Alternatively if your client is on the other side of the dispute and paying out, will a tax deduction be available to relieve some of the burden? The objective of this seminar is to familiarise you with key income tax and GST considerations you should keep in mind when negotiating settlements or pleading claims. While your client may not expect you to be a tax expert, you should understand the basic questions to ask, when to ask them, the potential ramifications to you and your client if tax considerations are overlooked, and when to recommend that your client seek specialist tax advice.

Learning outcomes: • •

• • •

• •

In person | Live Stream A recent spate of cases has brought into sharp focus a number of issues and key principles of interest and importance to all practitioners advising clients in the building and construction industry. Some of these issues include, inter alia, the validity of payment claims and payment schedules; the scope of an adjudicator’s powers in determining a dispute; letters of intent and the importance of contract formation; and issues surrounding the retentions regime. This seminar will provide a summary of industry noteworthy cases and key takeaways, and unpack the issues surrounding the retentions regime in the context of recent case law and Government announced changes to the Construction Contracts Act 2002.

Learning outcomes

Investing vs Speculating — FINAL NOTICE In person | Live Stream There is a difference between investing and speculating. Evidence shows that around 80% of professional active money managers underperform the market they are mandated to beat over a five-year period. Why is this the case? Patrick Fogarty is the Client Director at The Private Office, a boutique wealth management business specialising in providing tailored financial planning and investment management for senior members of the legal community. Patrick’s evidenced-based talk will highlight key principles that underpin successful investment strategies, and show how understanding these (often simple) ideas can have a huge impact on your ability to create financial independence.

Learning outcomes:

As Spandau Ballet put it, “Communication let me down.” How often have you thought that you could, or should, have slowed down when addressing a room, used more eye contact, or come across as more confident? This workshop, led by an experienced advocate and an accomplished teacher/director, will arm you with the skills for developing the art of communication for your role as an advocate – so you won’t let yourself down, or your clients on behalf of whom you speak. This workshop sold out in 2018 and 2019 – register now to avoid missing out.

Feedback from the previous sessions included the following comments: • “Interesting, lively workshop – well presented.”

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Learning outcomes:

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 Tue, 18 May 4pm – 5.30pm

 Presenters Katerina Wendt, Barrister, Richmond Chambers Robert Grignon, Senior Legal Advisor, Chapman Tripp

 Seminar Livestream CPD 2 hrs

 Wed, 19 May 4pm – 6.15pm

 Presenters Geoff Hardy, Partner, Martelli McKegg Shanti Frater, Partner, Simpson Grierson

 Seminar Livestream CPD 2 hrs

 Thu, 20 May 4pm – 5.30pm

 Presenter Patrick Fogarty, Client Director, The Private Office

Understand the difference between investing and speculating.

Recognise the difference between genuine advice vs marketing.

Understand the steps that can be taken to achieve your long-term financial objectives.

Recognise the pitfalls that lead to poor long-term investment outcomes.

Gain a deeper understanding of how academia has shaped the investing landscape.

The Art of Communication — Be a Powerful Advocate

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• •

•

Livestream CPD 1.5 hrs

Understand the basic principles of when settlements and court awards are subject to income tax.

Learn when apportionment of lump sums is necessary, including understanding Inland Revenue’s approach to apportioning sums for income tax purposes.

Understand what happens when lump sums cannot be apportioned.

Understand when GST may be payable on settlements and court awards.

Learn the importance of knowing whether payments will be made by an insurer rather than the counterparty, how this can create an unexpected GST liability for your client and strategies for protecting your client.

Understand how potential law changes could alter the incidence of GST on payments from insurers.

Understand the circumstances in which GST can apply to court costs awards.

Debts, Disputes and Retentions: Recent Construction Case Law Deconstructed — FINAL NOTICE

• • • • •

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Through self-evaluation, gain insights into the opportunities available for, and underlying threats to, your communication skills – and in turn, your career.

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Garner a range of presentation techniques to help enhance your communication, including proper breathing, voice modulation and body language.

Receive a ‘tools of the trade’ checklist for effective communication.

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 Sat, 22 May 9am – 12.15pm

 Presenters Marie Dyhrberg QC Isabel Fish, Director, Producer and Educator

LawNews Issue 14 | 14 May 2021

CPD in Brief Statutory Demands: Tricks and Traps for Both Sides of the Fence

 Webinar

The statutory demand process is widely used for collecting debts – but getting it wrong can be costly both in terms of money and time. Lawyers can be liable for issuing a demand, even when it is the client who signs the demand. The area is complicated by needing to take into account a number of different rules in the Companies Act and the High Court Rules, as well as unwritten rules which emerge from the case law. This seminar will provide practical guidance for lawyers advising creditors and/or debtors involved with statutory demands, with a focus on the requirements for a demand, the consequences of errors, and the process for applying to set aside a demand.

Presenters: Kevin Glover, Barrister, Shortland Chambers; Yvonne Wang, Barrister, Shortland Chambers

CPD 1 hr

Excellence in Legal Writing

 Workshop

Legal writing is the “bread and butter” of a lawyer’s practice. Writing well is harder than it looks, though. For years, we’ve been told that we should “write like Katherine Mansfield”. But how? This workshop will introduce you to three simple hacks to improve your written work: writing concretely; writing actively; and writing less. It builds on the work of linguistic experts, notably Helen Sword and Steven Pinker. But never fear: the words “subordinate clause” will not feature. We’ll also deploy a fourth tool – “point-first advocacy” – to structure arguments for maximum impact. This learn-by-doing workshop will help you achieve writing excellence.

Christchurch | Thursday 27 May | 11.00 am – 2.15 pm Hamilton | Thursday 3 June | 10.00 am – 1.15 pm Palmerston North | Tuesday 6 July | 11.00 am – 2.15 pm Wellington | Monday 9 August | 11.00 am – 2.15 pm Queenstown | Monday 6 September | 11.00 am – 2.15 pm Nelson | Monday 20 September | 11.00 am – 2.15 pm Auckland | Monday 18 October | 9.00 am – 12.15 pm Presenter: Andrea Ewing, Crown Counsel, Crown Law Office (Criminal Team)

CPD 3 hrs

The Art of Will Drafting: Complex Wills Workshop

 Workshop

Many people are re-considering Trusts in their asset planning post the Trusts Act 2019 “go-live”. As a result, the focus has gone back on wills as the primary asset planning document. For too long wills have been an add-on or freebie with conveyancing or other legal work. A will is not an ordering-up exercise, too much focus on what the client says they want, and not what they need, can create a world of pain for executors. #nofrieswiththat It is time to shift our focus to the value add of a good will. It is the last best thing a person can do for their loved ones. We need to be putting the time and attention into wills that they deserve, and unapologetically drafting (and appropriately charging) for Comprehensive, Complex and Bespoke Wills. #yesitisworthit What does a good will look like? And how do you know? The acid test of a good will is after the will maker has died; does it work? Hindsight is 20:20 and this session is about a focus on foresight. Drafting practical wills that are fit for purpose and with an eye to ease of administration. #platinumwills Led by two facilitators who are immersed in wills and asset planning as part of their daily bread (there isn’t much they haven’t seen) and who are known for their practical focus and examples-based development, this workshop will introduce you to practical tips on what to look out for in complex wills and how to draft fit-for-purpose wills that will stand up when they are needed. This learn-by-doing workshop will help you achieve platinum wills excellence, and give you the confidence to deliver this real and appreciable value to your clients. Places are limited. Register now to avoid missing out.

Facilitators: Henry Stokes, General Counsel, Perpetual Guardian; Theresa Donnelly, Legal Services Manager, Perpetual Guardian

 Wed, 26 May 12pm – 1pm

CPD 2.5 hrs

 Wed, 2 Jun 10am – 12.45pm

CPD Pricing Delivery Method

Member

Non-Member



Webinar (1 hour)

$80 + GST

$115 + GST

Webinar (1.25 hour)

$90 + GST

$130 + GST



Seminar (2 hour in person)

$130 + GST

$185 + GST

Seminar (2 hour live stream)

$130 + GST

$185 + GST

On Demand (1 hour recording)

$90 + GST

$130 + GST

On Demand (2 hour recording)

$145 + GST

$205 + GST

 

CPD On Demand Earn CPD hours by completing On Demand activities via your computer or smart device visit: adls.org.nz/cpd

For group bookings for webinars and seminars, contact cpd@adls.org.nz ADLS members and non-member lawyers who have registered their Airpoints™ membership with ADLS can earn Airpoints Dollars™ on eligible ADLS CPD purchases.

Terms and conditions apply.

The Art of Will Drafting: Complex Wills Workshop Wednesday 2 June | Workshop | 2.5 CPD hours Visit adls.org.nz for more information.

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Offices Available

NEW BOOK

Following some barristers leaving as a result of Covid, we have four offices available for rent, of varying sizes.

Sentencing Law in New Zealand

The Chambers share a refurbished floor (with separate areas) with Hussey & Co., a boutique forensic and general accounting firm. There are shared meeting rooms (a formal boardroom and a less formal meeting room), and communal entrance and client waiting area.

Telephones, internet connection, printing and secretarial services also available and some furniture available.

Authors: Jeremy Finn and Debra Wilson

Cost depends on office size and ranges from $150 – $300 per week plus gst. No long-term commitment required.

This new title provides an in-depth but accessible discussion of the theoretical and legal foundations of sentencing law and procedure to meet the needs of practitioners and students.

Photographs of the Chambers can be viewed at www.hco.co.nz/gallery.

Contact: Shane Hussey for further details, Shane@hco.co.nz 09 300 5481

Key chapters cover: the theoretical basis of sentencing, types of sentences which may be imposed, pre-verdict alternative processes avoiding or affecting sentencing, the sentencing process, emerging issues in sentencing, post-sentencing issues, an introduction to parole and release on conditions and specific regimes.

This space could be yours

Price for ADLS members: $140.00 plus GST*

LawNews reaches a discerning audience of nearly 6000 lawyers, judges, politicians and academics every week.

(* + Postage and packaging)

Get your message in front of them.

To purchase this book, please visit adls.org.nz; alternatively, contact the ADLS bookstore by phone: (09) 306 5740, fax: (09) 306 5741 or email: thestore@adls.org.nz.

Call our advertising executive, Darrell Denney, on 021 936 858 or email Darrell on Darrell.denney@adls.org.nz

Price: $126.00 plus GST*

Bookstore A convenient, one-stop-shop for all your legal resources ADLS members, including student members, receive a 10% discount

Visit the online bookstore:

adls.org.nz/bookstore Phone:

09 303 5270 Email:

thestore@adls.org.nz

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The ADLS Bookstore couriers nationwide Or, browse in person at: The ADLS Bookstore Ground Floor Chancery Chambers 2 Chancery Street Auckland CBD

LawNews Issue 14 | 14 May 2021

PARTNERSHIP OPPORTUNITY This firm is an established small and growing firm based in Newmarket specialising in Asset Protection, Commercial and Property work. This is an affordable opportunity for an ambitious asset protection, property or commercial lawyer with 5+ yearsʼ PQE to buy a 50% share of the firm.

Expressions of interest sought in the first instance by emailing advertiser@adls.org.nz quoting reference: Partner0521 Expressions of interest close on 11 June 2021

WILL INQUIRIES LawNews The no-hassle way to source missing wills for $80.50 (GST Included) Email to: reception@adls.org.nz Post to: ADLS PO Box 58, Shortland Street, DX CP24001, Auckland 1140 Fax to: (09) 309 3726 For enquiries phone: (09) 303 5270

Wills Please refer to deeds clerk. Please check your records and advise ADLS if you hold a will or testamentary disposition for any of the following people. If you do not reply within three weeks it will be assumed you do not hold or have never held such a document.

IT Agreements - Precedent Manager (part time, contract role) Be your own boss with work that is regular and at the same time dynamic and leading edge!

We are seeking a lawyer to manage our large suite of precedent IT agreements. The appropriate person for this role will: • • • • •

Have excellent agreement drafting skills Have experience advising clients in the IT industry including drafting and negotiating IT agreements Be highly organised Preferably have 4+ years’ experience in a large law firm.

Preferably have a sound understanding of contractual issues related to cloud computing and the GDPR.

The successful applicant will: • •

Work remotely from their own home/premises (with onsite/video meetings at agreed times); Work with and under the supervision of a highly experienced IT lawyer.

Expected hours: 20 hours / month. May vary.

Interested to find out more?

Please submit your application including CV to: nicola@va.nz Applications close: 26 May 2021

Chancery Chambers offices for rent

Barry William AICKIN, Late of 2 Fenton Circus, Orakei, Auckland, company director, aged 64 (died 13’01’21) Karen Diane CHANDLER, Late of 3412 Pourerere Road, Omakere, aged 67 (died 26’03’21) Woyi HUANG, Late of 278 Buckland Road, Mangere East, Auckland, processor, aged 65 (died on or about 29’08’20) Rowena Cherie LANDSBERGEN, Late of Aranui Resthome, Mt Albert, Auckland, retired, aged 79 (died 26’04’21) Delecia Ramona WILSON, Late of 5 Ngaruawahia Road, Ngaruawahia 3720, de facto, process operator, aged 53 (died 10’04’21) Rongquan XIAN, Late of 62 Cantora Avenue, Northpark, Auckland, retired, aged 62 (died on or about 14’10’20)

Two offices are available in the heritage Chancery Chambers building on the corner of Chancery and O’Connell Streets.

There is a 33.71sqm office on the third floor of the O’Connell Street side of building and a 15.75sqm office on the fifth floor of the Chancery Street side of building.

Opex includes reception to greet clients/receive couriers, kitchen facilities, copy room access and use of shared meeting rooms.

Please contact Krystal Marshall on (09) 303 5277 or krystal.marshall@adls.org.nz for more information

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ADLS is currently offering a range of worskhops around the country such as: Excellence in Legal Writing Leading in Law Workshop Series The Art of Communication The Art of Will Drafting: Complex Wills Workshop The AML/CFT Workshops 2021 Conducting Effective Client Interviews

T 09 303 5278

E cpd@adls.org.nz

W adls.org.nz/cpd

Excellence in Legal Writing Back by popular demand – limited spaces so book now Christchurch | Thursday 27 May Hamilton | Thursday 3 June Palmerston North | Tuesday 6 July Wellington | Monday 9 August Queenstown | Monday 6 September Nelson | Monday 20 September Auckland | Monday 18 October T 09 303 5278

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E cpd@adls.org.nz

W adls.org.nz/cpd