NEWS Jun 3, 2022 Issue 17
Inside ■ FAMILY HARM
Why court orders are hard to serve P06
■ MASS SHOOTINGS
The complexities behind America’s gun laws P07
Can an avatar sue for
adls.org.nz
SEXUAL ASSAULT?
Contents 03-05 METAVERSE ASSAULT CRIME
Sex in cyberspace: ’they essentially but virtually gang-raped my avatar’
LawNews is an official publication of Auckland District Law Society Inc. (ADLS).
06 PROTECTION BAILIFFS VICTIMS
Why Auckland police aren’t serving domestic violence orders
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07 FILIBUSTER REPUBLICANS CONGRESS
How complexity – and the Republicans – are blocking gun law reform
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Jun 3, 2022 Issue 17
TECHNOLOGY/CRIME
Sex in the metaverse: virtual body, real sexual assault If someone was seeing attempts to grope them, then why would it matter if it was actually a physical grope or a virtual grope? They’re still seeing it, they’re still possibly hearing it. They’re seeing the environment where it’s happening to them
Diana Clement It started with a blog, and then a story in USA Today. A London-based technology researcher, Nina Jane Patel, was taking part in the beta testing (de-bugging) of a game being hosted in the metaverse (virtual world). Within 60 seconds of joining the game, Patel says her avatar – a virtual representation of herself – was set upon by three or four avatars with male voices who, she says, “essentially but virtually gang-raped my avatar”. The alleged perpetrators then began messaging Patel, saying “don’t pretend you didn’t love it”, “don’t be stupid, it’s not real” and “don’t choose a female avatar – it’s as simple as that”. For Patel, it was a horrible experience. “It happened so fast and before I could even think about putting my safety barrier in place,” she says in her blog. “I froze. It was surreal. It was a nightmare. “Virtual reality has essentially been designed so the mind and body can’t differentiate virtual/digital experiences from real. In some capacity, my physiological and psychological response was as though it happened in reality.” The game’s platform, Horizon World, was developed by Meta (formerly Facebook) whose founder, Mark Zuckerberg, hasn’t been available to comment. But was a crime actually committed? Or could Patel make a claim for sexual harassment? Probably not, says Joseph Jones, the president of
Arran Hunt
If sexual harassment can be verbal, it can also be virtual
Bosco Legal Services, a California-based firm with lawyers and investigators who delve into online mischief, including cybercrime. But Jones acknowledges that harassment in the metaverse is an “emerging space”. A claim would depend on several factors, he says, including the specific comments that had been made and whether Patel’s avatar revealed any identifying information such as her name. The male avatars could be anonymous and hard to track down and it would be difficult to find a law enforcement agency that was willing to help. Patel could, however, file a civil restraining order to stop it happening again. Here in New Zealand, she would also have scant chance of redress under current law, says Arran Hunt, a partner at Stace Hammond and a member of the ADLS Technology and Law committee. Cases of virtual sexual harassment have been arising for more than a decade, Hunt says, but our law is playing catch-up with virtual and augmented reality. Patel’s case was particularly interesting to the committee, he says, because it is “always looking for the next big issue that is coming through”. It’s yet another example where the Harmful Digital Communications Act (HDCA) may not be fit for purpose. Nor are the Human Rights Act or the Crimes Act able to accommodate a prosecution where a gamer has suffered psychological harm. Some people have difficulty getting their heads around how the attacks on avatars could be viewed as sexual assault when no bodies are touched. But if sexual harassment can be verbal, it can also be virtual, Hunt says.
People being harmed Sean Lyons, online safety operations centre manager at Netsafe, says it’s important to remember that behind the technology, it’s people who are harming other people who are also behind technology. “[We] absolutely accept and understand that there will be safety issues for individuals in these online platforms,” Lyons says. “And those safety issues might well be very different
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because of the immersiveness of [the platforms].” That was the case with online worlds even before VR (virtual reality) headsets made them even more lifelike, he says. “The degree of investment that people make in these spaces is definitely an exaggerating factor in terms of the harm that an individual feels.” Academics have researched the lasting psychological impact of abuse in virtual worlds. Researchers from Johannes Gutenberg University Mainz in Germany noted: “VR can create a situation in which the user’s entire environment is determined by the creators of the virtual world, including ‘social hallucinations’ induced by advanced avatar technology.” It Feels Real was the title of work by researchers from the University of Oxford. They studied the real physiological responses to a stressful virtual reality environment. In their 2019 research, healthy men were studied to see what their physiological responses were to riding a VR elevator up the outside of a tall building. When compared to a control group travelling in an inside VR elevator, those in the external elevator had increases in skin conductance, pulse and subjective stress and anxiety ratings, altered heart rate variability and a delayed rise in cortisol.
Virtual grope “If someone was seeing attempts to grope them, then why would it matter if it was actually a physical grope or a virtual grope?” says Hunt. “They’re still seeing it, they’re still possibly hearing it. They’re seeing the environment where it’s happening to them.” It’s only going to get worse he says. As VR and AR become even more real and we pass the “uncanny valley”, so too does the chance of suffering psychological harm. (The uncanny valley is the point where the brain fails to notice imperfections and VR and AR become imperceptible from reality). Lyons says it’s been clear since early social media days that orchestrated campaigns of harm against users could have a massive impact on their mental health. AR and VR would be no different. “We see that reported to us,” he says “Depending on the frequency, the age, how well supported they feel, what else is going on in their life….some people harm themselves. Some people harm others. “We see cyclic behaviour of people that are harmed harming others to make it seem more normal. Think back to your classic bullying. People used to say, when I was a young kid in school, ‘hurt people, hurt people’. Psychological harm is what’s at the basis of all of this.” Netsafe isn’t receiving reports of this in relation to VR and AR games – yet. “Customers [ask] us about the potential risks and what should somebody do,” Lyons says. “Those 04
We see cyclic behaviour of people that are harmed harming others
discussions for us are quite academic at this point.” Questions could also be raised around child sexual abuse material on VR and AR platforms, Hunt says. The point will come when legislators realise they need to act. The issue in New Zealand is that when complaints do start rolling in about harm on VR and AR platforms, the law doesn’t protect potential victims.
The legislation Under the Crimes Act “harm” means “serious emotional distress”, which could occur in a virtual environment, Hunt says. The HRA in its current form isn’t the answer, either. Hunt says s 62(2) covers both visual material of a sexual nature and physical behaviour of a sexual nature. But not behaviour that is seen visually. “It also needs to be repeated or significant, so here it would likely need to be repeated.” Section 62(3) sets out how the Act applies and none of the areas listed clearly covers all possible virtual environments, Hunt says. “Section 62(3)(k), participation in the exchange of ideas and information, might [apply] in some circumstances. But it could be hard to justify a virtual act of the type discussed as an exchange of ideas or information.” The Crimes Act covers indecent acts under s 2(1B). Physical contact isn’t required, says Hunt. But an attempt or threat of applying force is required, which likely wouldn’t happen in a virtual environment. In theory, the HDCA offers protections. “Digital communication is fairly broad. It means any form of digital communication,” says Hunt. “But the act is problematic and in need of reform.”
Continued on page 05
Photo: Flashpop / Getty Images
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Jun 3, 2022 Issue 17
Continued from page 04
Of the HDCA’s 10 communications principles, covering what digital communication should not do, three might be relevant to a virtual assault. “Such behaviour could fall under principle 3, not be grossly offensive to a reasonable person, principle 4, not be indecent or obscene, but more likely under 5, that a digital communication should not be used to harass an individual. However, that then raises the question as to whether it is harassment as defined under law.” In terms of the HDCA, he adds, there are also issues with the definition of “post” which requires it to be information about the victim whether truthful or untruthful, or an intimate visual recording of an individual. Gestures in an online environment would not trigger either of these requirements. For the police to prosecute under the HDCA, there would need to be a requirement that the communication is posted with the intention to cause harm. “This is where the police interest would likely lapse. The Act isn’t about people being reckless as to whether harm is caused or not. It is about intending to cause harm. “Netsafe can liaise with a website host, attempt to resolve complaints, pass it to the police or inform victims of their options if they wish to take civil action in the District Court. That’s where it goes nowhere fast. And very expensively.” The difficulty is that a service provider such as Meta is usually offshore and the participants are likely to be using pseudonyms, Hunt says. And being offshore, the service provider cannot be compelled to provide names and the perpetrators are often beyond the reach of the New Zealand courts. Hunt doubts a victim could win in court even if they managed to identify the perpetrator. “If it was actual verbal
The Act is already horribly dysfunctional
or written statements being made, then fair enough. But if it came down to groping and virtual physical actions then, it’s not going to fall under the [Harmful Digital Communications] Act.” Hunt argues that the HDCA needs to be rewritten. “It’s already horribly dysfunctional. There needs to be changes.”
Review needed Lyons too, says the law is an ongoing challenge as technology moves forward. One of the challenges for Netsafe is at which point does the law need to change to reflect what is happening to individuals. It’s inevitable, he says, that as technologies develop, legislation such as the HDCA will need review. He points out that it was amended earlier this year, thanks to a private member’s bill: the Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022. The bill criminalised the posting of intimate visual recordings without consent. Lyons says Netsafe supports any reviews of the legislation that would ensure victims who experience harm can seek redress without time delays. “We absolutely would support any attempt at legislation to make it work for those that [suffer] harm online.” Hunt believes the most obvious way to handle the issue of virtual assault would be an amendment to the Crimes Act to expand indecent assault to virtual environments “It needs to be broadened….so that ‘physical’ can also include a virtual representation of a physical act. “However, we would be sceptical of any government drafting such changes without either making it too narrow, making it too difficult to enforce or leaving it too open to the judiciary and the police who may not understand the inclusive nature of virtual environments and the impacts they can have and therefore not enforce it.” ■
NEW TITLE
Burrows, Finn and Todd on the Law of Contract in New Zealand, 7th edition Authors Stephen Todd and Matthew Barber This new seventh edition discusses significant developments in case law and legislation in the past four years. Topics containing new and substantial material include contract formation, contractual interpretation, terms implied in fact, cancellation, misrepresentation, duress, undue influence and unconscionable bargains. New discussion in the field of damages includes the award of negotiating damages, the test for
remoteness, damage within the scope of a contracting party’s duty and the ambit of the doctrine of penalties. Price for ADLS members $156.52 plus GST* Price $173.91 plus GST* To purchase this book please visit https://adls.org.nz or contact the ADLS bookstore by phone: 09 306 5740, fax: 09 306 5741 or email: thestore@adls.org.nz * + Postage and packaging
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FAMILY LAW
Photo: pepifoto / Getty Images
Why police find it hard to serve family violence orders in Auckland
Sonja Clapham In most regions of New Zealand, the court bailiffs or the police serve orders made under the Family Violence Act 2018. For some time now this has not been the case in the Auckland area. Auckland practitioners who represent applicants for orders under the Domestic Violence Act should note that usually the police will not become involved in service of the order made. The ADLS Family Law committee recently wrote to police, pointing out that the practice in Auckland differs from that in other parts of New Zealand and inquiring why in the Auckland area the police have ceased serving protection orders and what can be done to resume this service. The response: the Auckland police do not have the time nor the resources to serve all family violence orders. But they do, and will continue to, serve respondents where the court has specifically directed in the order that the police are to effect service. If there is no such direction, it will be up the applicant to arrange for service to be effected on the person against whom the order was made and to meet the costs of service. Members of the legal profession who work in this area appreciate the prompt attention the New Zealand police give 06
Where the police are not involved, service of a protection order can be difficult
to effecting service of orders on those occasions when they are directed to undertake the task. The police have access to information which makes service more readily achieved and, on those occasions when service is effected by the police, the recipient of the court’s order is more likely to recognise the gravity of the situation given the police involvement. But where the police are not involved, service of a protection order can be difficult. Often an attempt to serve poses significant risk of violence to the lay-person who is effecting personal service. In the absence of police involvement, many parties with a meritorious case for a protection order are denied access to justice because they do not have the means to pay for a process server. Failure to serve and to have proof of service may have devastating repercussions for the successful applicant. The ability to enforce compliance with the family violence order and to prosecute for breach of a family violence order is essential to the protective nature of orders under the Family Violence Act. While the police will attend any perceived family harm incident, a quicker response is often achieved where there is proof of service. Proof of service is required even in circumstances where the respondent attended the defended hearing and was present in court when a protection order was made final. In one recent case, the applicant’s lawyer assumed the court registry would seal and arrange for service of the protection order on the respondent. The order was not served and after the order was breached there were issues with the police enforcing the order because there was no proof of service. If a practitioner considers it desirable that the police effect service, the reasons should be addressed in either a memorandum of counsel or the applicant’s affidavit. A direction that the police effect service most commonly occurs where the respondent holds a firearms licence and/or is suspected to have access to firearms. ■ Sonja Clapham is a barrister at Shortland Chambers and a member of the ADLS Family Law committee ■
Jun 3, 2022 Issue 17
CRIME
Will the latest shooting of US children
finally lead to gun reform? Sadly, that’s unlikely Brendan O’Connor & Daniel Cooper Mass shootings in the United States are all too common and, sadly, unsurprising to much of the world. But when the victims of such violence are primary school students, the world takes notice. Coverage of last week’s mass shooting at a Texas elementary school has followed a predictable pattern. After all the horrifying details are released of the shooting, we return to a very simple debate: why can’t America stop the scourge of gun violence? The reason is that gun violence is emblematic of a broken political system that fails to protect its own citizens. Frequent mass shootings are one of the most widely known things about the US internationally, and are a stain on the country’s international reputation. President Joe Biden came to office promising to restore some measure of faith in American democracy, and to prove the American system was a superior model to that of autocratic great powers such as China and Russia. But when it comes to curbing gun violence in America, a very different international narrative takes hold. Global audiences often see the failure to take aggressive action against gun violence as a symptom of a dysfunctional system of government incapable of protecting its own citizens, including children. News agencies of countries such as China often taunt the US for failing to take aggressive action on guns. In 2019, Chinese tabloid Global Times claimed China’s effective gun control was “a lesson for the US”.
These arguments are obviously made for self-interested reasons: namely, to present the Chinese government in a much more favourable light. But given the extent to which the US believes in the superiority of its values, one would think the criticisms should sting. Sadly, this isn’t the case. A 2021 Pew Research Survey found 53% of Americans want stricter gun laws. This includes 81% of Democrats and Democraticleaning independents, but only 20% of Republicans and those who lean Republican. However, support for specific restrictions like background checks is a lot higher.
No longer a good model No matter how often Biden talks about restoring “America’s soul”, as he did in his inaugural address, America’s international reputation has taken a big hit. International student numbers in America, a good gauge of America’s ability to attract foreign talent to its universities, declined during the Trump years and wasn’t solely attributable to the pandemic. The country’s broken politics, which included rising antiimmigrant sentiment and gun violence, played its part in making the US a much less attractive environment. Opinion polls also confirm a declining faith in the health of American democracy. Across 16 advanced economies surveyed by the Pew Research Center, an average of 83% of people said the US is no longer a good model of democracy to follow.
This makes for depressing reading and seemingly makes it incumbent on the Biden administration to take action on gun control. Biden is rightly appalled by this latest massacre and will advocate the need for gun reform. But without the support of the Congress, little will happen federally. This is the story of the Obama presidency on gun reform. It’s shameful the Sandy Hook Elementary School shootings in 2012, where 20 children were killed along with six staff members, didn’t lead to comprehensive gun reforms in the way the Port Arthur massacre and the Christchurch mosque shootings did in Australia and New Zealand. Worse still, some American politicians bragged about their ability to stop gun reform. Republican Senator Ted Cruz ran a campaign ad stating: “After Sandy Hook, Ted Cruz stopped Obama’s push for new gun-control laws.” He’s now tweeting that: “Heidi & I are fervently lifting up in prayer the children and families in the horrific shooting.” This is America’s broken political system in a nutshell. Cruz doesn’t represent majority opinion in America, but the Democratcontrolled Congress won’t enact reform because Democrat Senators Joe Manchin and Kyrsten Sinema don’t support getting rid of the filibuster. A filibuster is when a member of a legislative body such as the US Senate endlessly talks in order to obstruct the passage of a piece of legislation. Senate rules dictate that 60 US Senators out of the 100 must vote to end a filibuster
and force a vote. This holds true when it comes to gun reform legislation, and this isn’t going to happen anytime soon. What’s more, too many American politicians are uninterested in comparing American public policy with laws in other wealthy nations, or showing any concern about America’s reputation in the wider world.
State-level changes? Change to American gun laws is most likely to happen at the state level. In Texas, the current governor signed into law last year seven pieces of legislation loosening restrictions of gun-rights now and into the future (one new law “exempts” Texas from potential federal restrictions). If you dive deep into the data, you find states controlled by Democrats are more likely to enact gun restrictions after mass shootings, and states controlled by Republicans are more likely to loosen gun controls. Given the Republican party is the dominant party at the state level (with 28 of the 50 state governorships), and Congressional Republicans can easily block legislation at the federal level, this most recent tragedy will sadly lead to more inaction on gun reform. ■ Brendan O’Connor is an associate professor of American politics at the US Studies Centre, University of Sydney, and Daniel Cooper is a lecturer at Griffith University ■ The above was first published in The Conversation and is republished with permission 07
ADLS CPD EVENT
Insights from the Cradle to Grave conference One of the flagship CPD events run by the ADLS, the annual Cradle to GraveTM conference takes delegates on a journey through trust, property and family law, with advice and expertise from subject-matter experts. This year was no exception. Delegates attending in person and online heard from Anthony Grant, Professor Nicola Peart, Vicki Ammundsen, Luke Dixon, Henry Brandts-Giesen, Brian Carter, Chris and Greg Kelly, James Cochrane, Kesia Denhardt, Jeff Kenny, Katrina Wood, Denham Martin and chairman Bill Patterson. Their topics ranged from structuring a trust to demystifying digital assets and tax. Together, they were an invaluable series of lectures, backed by highquality papers tailored to update the knowledge and skills of lawyers operating in this arena.
Anthony Grant Grant discussed the concept of “effective control” of trusts in light of the recent Legler decision and whether it provided a reliable pathway for a settlor to exercise effective control over a trust.
Professor Nicola Peart Peart charted the development of the courts’ ability to use their equitable jurisdiction to give effect to social policy. Peart analysed the vulnerability of trusts on separation and death, examining current case law and how it might impact the Law Commission’s review of trusts.
From L-R: Brian Carter, Nicola Peart, Jeff Kenny, Bill Patterson (Chair), Henry Brandts-Giesen, Anthony Grant, Kesia Denhardt, James Cochrane, Vicki Ammundsen, Greg Kelly, Katrina Wood and Luke Dixon. Absent (from photo): Chris Kelly (presented remotely), Denham Martin and Jeremy Bell-Connell
“Well organised and well-presented topical subject matter” – Stephen Greer, Sainsbury, Logan & Williams
Vicki Ammundsen Family trusts were the focus of Ammundsen’s presentation. In family trusts, the trustee can at times also be a member of the ‘class of hopeful recipients’. As Ammundsen says, this dual role can lead to ‘temptation’. She examined in detail the issues relating to the no-conflict rule and the rules against selfdealing in financial trusts. Her practical advice was relevant to any practitioner advising on a change of trustee and the appropriate clauses to use to address conflict.
Luke Dixon In his presentation, Dixon covered the wishes of a settlor. It is common in
“Fabulous presenters across the board. Excellent offering” – Theresa Donnelly, legal services manager, Perpetual Guardian
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New Zealand for settlors to retain some input into how their trust funds are administered. This is expressed in a Memorandum of Wishes. Dixon discussed the extent to which trustees are permitted to consider the settlor’s wishes and to what extent they are obliged to follow them.
Henry Brandts-Giesen A trust has traditionally been a relationship between the settlor, the trustees and the beneficiaries. Recently an extra party has been added to the mix – the third party. Their role and powers are described in the trust deed but generally they are used to hold trustees to account, manage conflicts and connect beneficiaries across the generations. Brandts-Giesen examined this new development and concluded that special trust advisors could benefit the administration and governance of a trust, especially when it is governed by lay people and conflicted professionals.
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Jun 3, 2022 Issue 17
Events
Continued from page 08
Brian Carter Carter reflected upon the exceptions to equal sharing in relationship property cases. This was the subject of a Law Commission review in 2019 and has since been reviewed by Parliament. The commission considered that “equal sharing should remain appropriate” and it would take ‘extraordinary circumstances’ to override this belief. Carter provided an up-to-date analysis of recent decisions that tested the concept.
Greg Kelly and Chris Kelly Greg and Chris Kelly moved the focus away from trusts to will drafting. The Trusts Act made important and well-documented changes to the way trusts are administered but also affected the way wills are drafted, the advice given and the way instructions are recorded. They concluded that it was “unwise to continue using precedents or templates which pre-date the Act” and provided valuable practical advice on preparing wills.
James Cochrane and Kesia Denhardt Non-fungible tokens, crypto, bitcoin and blockchain are strange constructs for the uninitiated. Their acquisition and use are, however, becoming increasingly common. Cochrane and Denhardt demystified the jargon and gave context to the identification and location of cryptocurrencies in relation to the Property (Relationships) Act.
Jeff Kenny and Katrina Wood Kenny and Wood examined the risks for lawyers acting on transactions involving trusts. There is a risk that in carrying out the clients’ instructions, the lawyer may inadvertently commit dishonest assistance. They concluded that proper planning and a thorough understanding of the law of dishonest assistance would minimise risk and aid good decision-making.
Denham Martin The final session was reserved for tax and Martin brought clarity to this complex area of law. Recent reforms impact owners of residential property, effectively acting as a form of capital gains tax. As Martin stated, “in respect of tax amendments, the changes to the bright-line test rules and the new interest limitation rules, are perhaps the most complex and detailed”. His presentation provided transparency and helpful worked examples. The conference papers are available for purchase online and the conference will be available on demand in the next few months. As always, thanks to chairman Bill Patterson for his ongoing guidance and support and to the presenters who advanced the profession’s knowledge and understanding in their respective areas of law. ■
Featured events
Connecting New Zealand lawyers
Central Auckland Express Lunch Wednesday 29 June 1pm – 2pm Glass Goose, 78 Federal Street, Auckland CBD Sponsored by CoLegal
Learn more
Upcoming July
Wednesday 6 | Hamilton lawyers’ lunch Wednesday 27 | Rotorua lawyers’ lunch
August
Thursday 4 | Tauranga lawyers’ lunch Thursday 11 | Henderson lawyers’ lunch Wednesday 17 | Hawke’s Bay lawyers’ lunch Wednesday 24 | Christchurch lawyers’ lunch
September
Wednesday 28 | Takapuna lawyers’ lunch
Soon to be added:
October | Wellington lawyers’ lunch November | New Plymouth sundowner November | East Auckland lawyers’ lunch November | Tauranga Sundowner
“Very rich content, smooth & timely” – Patricia Scriven, lawyer events@adls.org.nz
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FEATURED CPD
FINAL NOTICE
DISCLOSURE COSTS FAIR TRIALS
Lessons from Lyttle Webinar 1.5 CPD hrs Tuesday 7 June 4.30pm – 6pm Presenter Christopher Stevenson, barrister, Pipitea Chambers (David Lyttle’s lawyer) Chair and commentator Julie-Anne Kincade QC, Blackstone Chambers
When did you last make a costs application in a criminal or regulatory case? Based on the recent Court of Appeal judgment in R v Lyttle [2022] NZCA 52, this webinar will review the prosecutorial failings and the learnings about disclosure and costs for any party involved in criminal and regulatory prosecutions.
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Webinar 1.5 CPD hrs Tuesday 14th June 1pm – 2.30pm Presenters Maria Hook, associate professor, Faculty of Law, University of Otago and Jack Wass, barrister, Stout Street Chambers
Conflict of laws CROSS-BORDER FRAMEWORK CONFLICT
If cross-border issues cross your desk, this seminar will be helpful. The authors of The Conflict of Laws in New Zealand will provide a framework for dealing with cross-border problems and discuss some of the issues challenging the law in the field of jurisdiction, statutes and enforcement of foreign judgments. The seminar will interest advisers and litigators in civil, commercial and family law.
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Deportation: a practical guide for lawyers PRACTICAL GUIDANCE PROCESS
In Person | Livestream 2 CPD hrs Wednesday 15 June 4pm – 6.15pm Presenters Richard Small; Deborah Manning; Bernard Maritz and Terri Thompson
Deportations will be resuming as the border reopens so it is timely to refresh your knowledge. This seminar offers practical guidance and valuable insights into the process from the perspectives of counsel, INZ Compliance and MBIE Legal. Chair Stewart Dalley, partner, D&S Law
IN PERSON 10
LIVESTREAM
Jun 3, 2022 Issue 17
adls.org.nz/cpd
Excellence in legal writing
Auckland Workshop 3 CPD hrs Tuesday 21 June 1pm – 4.15pm Facilitator Andrea Ewing, Crown Counsel, Crown Law Office
cpd@adls.org.nz
09 303 5278
Legal writing is the bread and butter of a lawyer’s practice. But writing well is harder than it looks. For years, we’ve been told that we should “write like Katherine Mansfield”. But how? Spaces are limited. Register now to avoid missing out.
WRITING SKILLS HACKS
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Consumer law developments CONSUMER CHANGES PREPARE
Livestream | In Person 2 CPD hrs Thursday 23 June 4pm – 6.15pm Presenters Brigette Shone, special counsel, Russell McVeagh and Charlotte Fleetwood-Smith, consumer law specialist, Russell McVeagh
Are your clients prepared for significant changes in this area of law? Consumer law has been a moving feast of legislative and case law developments in the past 12 months. Significant changes to the Fair Trading Act come into force on 16 August 2022 with the unfair contract terms regime extending to business-to-business or “small trade” contracts and a new statutory unconscionable conduct regime being introduced.
IN PERSON
Personal effectiveness workshop
Online Workshop 4 CPD hrs Monday 27 June 9am – 1.15pm Presenter Tony Gardner, managing director, Archetype Leadership + Teams
LIVESTREAM
Back by popular demand, this workshop offers a range of personal effectiveness insights and tools to help increase your productivity and return-on-effort at work. It is facilitated by a leading high-performance consultant. Limited spaces available.
PERFORMANCE SKILLS DEVELOPMENT
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CPD IN BRIEF
Protected disclosures regime
Webinar 0.70 CPD hr Tuesday 28 June 12pm – 12.40pm Presenters Tim Clarke, partner, Bell Gully and Bronwyn Heenan, partner, Simpson Grierson
The long-awaited Protected Disclosures (Protection of Whistleblowers) Act 2022 comes into force on 1 July 2022, repealing and replacing the Protected Disclosures Act 2000. Lawyers advising in this area must get up to speed with key changes and any implications for their clients, including a review of workplace policies and procedures.
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Overseas investment update
Webinar 1.5 CPD hrs Thursday 30 June 12pm – 1.30pm Presenters Pedro Morgan; Lael Kim and Andre Baldock, all from the Overseas Investment Office
This webinar will cover the overseas investment regime as it applies to the types of residential property purchases legal practitioners are most likely to encounter. It will help you understand the regime, recognise when a client needs consent from the Overseas Investment Office and how to go about doing that.
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What judges want
Livestream | In Person 1.5 CPD hrs Thursday 9 June 4pm – 5.30pm Presenters Raynor Asher QC and Davey Salmon QC Chair Paul David QC
Focussing on trial and appellate submissions, the panellists will provide invaluable insights into how to approach drafting, structure and language and ways to ascertain whether you’ve achieved your purpose.
IN PERSON
Alternatives to trusts
Webinar 1 CPD hr Thursday 7 July 12pm – 1pm Presenter Tammy McLeod, director, Davenports Law Limited
Your client may want a trust, but is that the best option? This webinar will look at when a trust should be used and what alternatives might be better suited to the client’s circumstances.
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Lessons from Lyttle: Serious consequences for serious failures − Costs orders, stays, and fair trials Tuesday 7 June, 4.30pm - 6pm | Webinar | 1.5 CPD hours Visit adls.org.nz for more information. 12
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Jun 3, 2022 Issue 17
Cruickshanks Solicitors Privy Council Agents VISITING JUSTICE Expressions of interest are invited from persons wishing to be considered for appointment as a Visiting Justice in the following areas: – Whanganui
• • • •
Probate and resealing Property (Relationships) Act 1976 agreements Agency litigation Sole representative of overseas office, inter company transfers and work permits generally • Property UK and European investment • China network connections and representation
10 Bentinck Street, London W1U 2EW Tel: (0044) 020-7487 4468 • Fax: (0044) 020-7487 5466 • Email: john@lawco.co.uk www.cruickshanks.co.uk • www.lawco.co.uk
– Manawatu – Canterbury – Otago – Invercargill Section 19 (2) of the Corrections Act 2004 provides that the Governor-General may, on the recommendation of the Minister of Justice, appoint any Justice of the Peace or barrister or solicitor of the High Court to be a Visiting Justice for every prison. Under section 19(4) of the Act, Visiting Justices have the following powers in respect of each prison. The central function of Visiting Justices is to hear charges and appeals relating to offences against prison discipline. They also review decisions to detain a prisoner in a police jail, to segregate a prisoner. Occasionally, Visiting Justices undertake inquiries into aspects of prison administration and the treatment of prisoners. They have statutory powers to conduct such inquiries and to report their findings to the chief executive of the Department of Corrections. In addition to a sound knowledge of the governing legislation and an interest in access to justice issues, appointees will need to have: • Relevant qualifications and/or experience • Impartiality, open-mindedness and good judgment • Sound decision-making abilities • Integrity
Expert witness/Retired Civil Engineer Investigations/civil works & buildings
• 33 years as a contractor/property developer • 20 years as a project manager/consulting engineer Experience includes: Sales, unit title, buildings, price specifications, quantities, volumes, concrete works, roading, subdivisions, survey, general civil work. CV on request Contact: Walter MacDonald Ph: 021 822 634 E: walterma45@gmail.com
PARNELL OFFICES Fully kitted out character offices on Parnell Road, includes separate meeting room and kitchen. Suit lawyer and one or two support persons. Two car spaces. Flexible terms. Available from mid-July. $600 + GST pw Please ring 021-969781
• Listening and communication skills • Awareness and sensitivity to the place of the Treaty of Waitangi in New Zealand’s constitution and the diversity of New Zealand society. Visiting Justices hold office for a term of three years and may, from time to time, be reappointed. Expressions of interest are sought by 3 June 2022 and should be emailed to General.OLC@justice.govt.nz. Please include a full curriculum vitae and cover letter, together with completed expression of interest forms. Additional information and an application pack for the position may be obtained from the Ministry of Justice website here.
First Time Advertised East Auckland Practice for sale A well-established firm with a solid client base specialising in property, wills, trusts, estates and subdivisions. This is an opportunity for a sole practitioner or a merger with an existing practice. Expressions of interest in strict confidence to advertiser@adls.org.nz quoting ref: EAP05
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WILL INQUIRIES
reception@adls.org.nz
ADLS, PO Box 58, Shortland Street,
DX CP24001, Auckland 1140
ALI Tarikh Murtaza • Late of 30 Bledisloe Street, Papatoetoe, Auckland • Food sampling co-ordinator with Hawkins Watts • Aged 36 / Died 26’04’22 HEDGER Jack Raymond • Late of 20 Cleve Road, Green Bay, Auckland • Retired • Aged 84 / 17’04’22 HO Hok Ming • Late of 71 Ashton Avenue, Otara, Manukau, Auckland • Retired • Aged 67 / Died 26’07’21 ISALA Tanrake • Late of 37 Helena Street, Massey, Auckland • Widowed • Retired • Aged 63 / Died 11’09’21 JONES Kevin Francis • Late of Auckland • Aged 64 / Died 30’03’22
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Fax: (09) 309 3726
( 09) 303 5270
NATHAN Angela Sadie (also known as Angela Te Kiri) • Late of 506 Te Atatu Road, Te Atatu Peninsula, Auckland, previously of 68 Robinson Avenue, Holdens Bay, Rotorua • Widowed • Aged 66 / Died 31’10’01 ORLOV Eveny • Late of Panama City, formerly Auckland • Businessman • Aged 55 / Died 05’04’22 WILLIAMSON Mara • Late of 31 Shackleton Road, Mount Eden, Auckland • Married • Retired • Aged 71 / Died 08’04’22 YOUNG Annette Lois • Late of Capella House, Bolton Street, Auckland • Married • Dressmaker • Aged 83 / Died 13’02’22
Community Magistrates Auckland The Minister of Justice is seeking expressions of interest from suitably qualified persons for appointment as part-time Community Magistrates to be based in Auckland. The present intention is that two appointments be made. Community Magistrates were introduced to relieve the workload of District Court Judges and to improve access to and to increase community involvement in the justice system. The office of Community Magistrate is now established under the District Court Act 2016. Community Magistrates deal with a wideranging body of work which could otherwise be allocated to Judges and play a significant and valued role in the modern District Court. The ideal applicants will have a background and/or qualifications in law, although practising lawyers are not eligible for appointment. Additional information and an application pack for the position may be obtained from the Ministry of Justice website here. Expressions of interest close on 3 June 2022.
Business For Sale General Practice Law Firm with Investment Opportunity! Auckland | $440,000 Long established law firm ready to be taken over and rejuvenated. North Shore based with clients on both sides of the bridge. This firm has a vast amount of untapped potential. Flexible lease terms, as well as the possibility to buy the building! • Diverse legal work • Lot of room to grow • Genuine work-life balance! • 3-Year average profits exceed $295k! www.linkbusiness.co.nz/EL03573
“You only get one chance to sell your business, so it makes sense to do it right.” Are you considering selling your Law Firm in 2022? If you are looking for a fresh start and are curious about the value of your business call me today for a confidential discussion. JD Hyslop 021 377 569 jd.hyslop@linkbusiness.co.nz 0800 546 528 LINKBUSINESS.CO.NZ
All LINK Offices Are Licenced REA08
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. LawNews: The no-hassle way to source missing wills for $80.50 (GST Included)
Jun 3, 2022 Issue 17
1.5 CPD HOURS
Conflict of Laws - The current state of play in cross-border disputes Tuesday 14 June | 1pm - 2.30pm | Webinar The authors of The Conflict of Laws in New Zealand will provide a framework for dealing with cross-border problems. The webinar will be of interest to advisers and litigators in civil, commercial and family law who come across cross-border issues.
T 09 303 5278
E cpd@adls.org.nz
W adls.org.nz/cpd
3 CPD HOURS
Excellence in Legal Writing (Auckland Workshop) Tuesday 21 June | 1pm - 4.15pm | Workshop 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. This learn-by-doing workshop will help you achieve writing excellence.
T 09 303 5278
E cpd@adls.org.nz
W adls.org.nz/cpd
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