LawNews - Issue 24

THIS WEEK’S ARTICLES

Issue 24 24 Jul 2020

How litigation could be cheaper p1

Dame Judith Potter: life after the bench pages 4-5

How interveners make life easier for the courts p7

LawNews adls.org.nz

EMPLOYMENT LAW

Employment lawyers probe access to justice

By Jenni McManus

Greater use of conditional fee arrangements – including contingency fees – and litigation funding are among a raft of suggestions the ADLS Employment Law Committee is proposing as a means of improving access to justice.

© Feodora Chiosea | Dreamstime.com

Employment Court Chief Judge Christina Inglis joined the committee at its monthly meeting in Auckland last Thursday to discuss a list of nine ideas the group thrashed out during lockdown in brainstorming sessions via Zoom.

The list is the result of a challenge laid down by the chief judge when she visited the committee last November: to come back with specific ideas for improving access to justice in the employment jurisdiction.

Rates of settlement are high in employment cases. As one committee member put it bluntly: “It comes down to the fact that people can’t afford lawyers because they charge a lot of money.” As a hypothetical example, he cited a lawyer charging $500 an hour to a client making only $500 a week.

Employment legislation is designed to encourage early resolution but Chief Judge Inglis noted it was not a one-size-fits-all situation and there would always be cases where it was not in the client’s best interests to settle. Nor was it necessarily a good thing for the law if few employment cases made it to trial as precedents would not be laid down.

Employment cases often settle because the parties can’t afford to litigate

It comes down to the fact that people can’t afford lawyers because they charge a lot of money

agrees, saying a certain number of cases need to go to court for issues to be determined “so the law is made around these issues.

“If everything settles, you lose those points and the case law and precedents. I’ve been involved in many cases where there have been novel issues and it would have been fascinating to have an Employment Court determination, but they settled.”

“I think it’s a bit simplistic to say ‘yes, it’s great to have 80% of cases settling at mediation’… but is it great for justice?” she said. “That’s a difficult issue to answer because we need a fair number of cases coming through to set the law. We need cases to go to the Court of Appeal, to get a tick-off, or not.”

Most of the committee’s discussion last week was around conditional fee arrangements and litigation funding, and how potential conflicts of interest might be dealt with.

Committee convener, barrister Catherine Stewart,

Continued on page 2

One committee member said instead of running

EMPLOYMENT LAW

Employment lawyers probe access to justice Continued from page 1

range of different scenarios.

the gauntlet of applying for legal aid, he sometimes operated on a no win/no fee basis. “You just don’t invoice them unless you win. But you can’t charge a percentage of what you recover. There are a number of cases where lawyers have fallen foul of the rules and you have to know what you’re doing.”

“An employee might get reinstatement but not regard that as success because they were looking for the money. Or you might have a declaration of a breach, but you might not get penalties. And because you can’t charge a percentage of what’s recovered, it’s not just a simple fact of saying ‘if you win $100,000, I get $20,000.’

Lawyers could be in breach of NZLS rules, s 334 of the Lawyers & Conveyancers Act 2006 and the champerty and maintenance rules if they charged on a percentage basis– ie, a contingency fee. The same might also apply to using thirdparty litigation funders if the funder was taking a percentage of the outcome.

The potential for a conflict of interest arises if a practitioner has a financial stake in the outcome of a case. But, as another committee member pointed out, a lawyer working on a normal fee basis might also be said to have a conflict because he/she was not incentivised to resolve the case quickly and efficiently.

In Australia, the law commission in December 2018 recommended that lawyers be allowed to charge on a contingency fee basis although the government has yet to move on this. It’s a similar situation in Ontario where such a move has been flagged a way of improving access to justice.

Employment Court Chief Judge Christina Inglis

Clients find no win/no fee arrangements and contingency fees easy to understand, Stewart says, and see them as an easy way to progress their cases.

“Clients really like that concept and we often get asked about it but employment lawyers to date haven’t readily embraced it.” The most probable reason is that for lawyers, it’s not that simple.

For example, one problem is how success or a win might be defined. Once again, it’s not a matter of one-size-fits-all and the lawyer and client might have quite different views about what the terms mean. But whatever the definition, it’s imperative that it’s set and agreed upfront in the terms of engagement.

“If you think about all the variables that might come from the outcome of a court case, it might not be easy to actually define success,” Stewart says.

“I think you’ve got to think through all the possible outcomes before you start… In the employment law arena, it might not just be a win/lose situation.

You might have a partial win on some things, you might have a partial loss on some things or you might have a win but there is a reduction due to contribution by the employee. So, there’s a whole

LawNews

Editor: Jenni McManus

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

Publisher: ADLS

The committee’s nine access-to-justice ideas Greater use of conditional fee arrangements Introduction of litigation funders Ongoing government funding for the pro bono clearing house Increasing legal aid rates

Streamlining and consolidation of interlocutories by the court

Sense-checking of cases against costs guidelines Higher awards from the Employment Court Lawyers reducing their fees Encouraging people to join unions

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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The argument goes like this: Why should clients be forced to go down the litigation funding route where they’ll be up for a 20% to 30% fee when their own law firm might be prepared to fund the litigation on this basis and get a (presumably lower) percentage of the recovery?

Stewart says there are a number of different ways access to justice can be addressed in the employment jurisdiction. Some might stand alone, or a mixture of different options might work in tandem with each other. It’s multi-faceted and there’s no straight answer.

“There’s a range of possibilities in terms of what we might do and it seems to be even more pertinent now, in the wake of Covid-19, that we look at this issue with some seriousness.”

A huge coup, she says, was the funding delivered in the 2020 Budget to the pro bono clearinghouse run by community law centres. “Auckland Community Law Centre and our ADLS committee have been strongly advocating for that. As a committee we have a pro bono system we feed into their cases.”

So, what happens next? An interesting question, Stewart says. “The meeting was for the purposes of providing the information to the chief judge. It was a valuable discussion and there are quite a few things we can follow up.

“The big issue is the funding of litigation. Partly that’s because the parties feel they don’t have the money to proceed. So how do we make that happen?”

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 23 | 17 Jul 2020

COMPANY LAW

Kiwi companies caught by ‘modern slavery’ law

By Daniel Kalderimis, Tracey Epps & Nicola Swan

Organisations with consolidated revenues in Australia of more than A$100 million must now publish annual modern slavery statements The requirement, which was legislated for through the Australian Modern Slavery Act 2018, could affect around 500 New Zealand businesses, either where they carry on substantial business in Australia and are required to publish their own modern slavery statements under the Act, or where they face pressure as suppliers to Australian businesses in turn preparing modern slavery statements.

Organisations will be required to produce their first statement by 31 December 2020 if their financial year ends 31 March 2020 and by 31 March 2021 if their financial year ends 30 June 2020.

The Australian legislation Modern slavery encapsulates serious exploitation of workers including forced or bonded labour. It is estimated there are around 45 million victims globally, two thirds of whom are from the AsiaPacific region.

The Australian Act requires organisations with more than A$100m consolidated revenue to report publicly on the steps they are taking to manage the risks of modern slavery in their business and supply chains, particularly offshore.

A supply chain includes products and services sourced in Australia or overseas and extends beyond direct suppliers to entities further down the chain, including suppliers of raw materials and service providers.

Organisations must submit annual statements, published online, which have been approved by the board and signed by a director. These must describe: the reporting entity’s structure, operations and

Daniel Kalderimis

Tracey Epps

Nicola Swan

supply chains (including services provided by suppliers and subcontractors, such as cleaning services and outsourced call centres);

the risks of modern slavery practices within the organisation, its supply chains and any entities it owns or controls (ie, the potential for the organisation to cause, contribute or be directly linked to modern slavery through its operations and supply chains);

Implications New Zealand businesses doing business in Australia with consolidated revenues of more than A$100m will be required to conduct due diligence and publish a modern slavery statement in accordance with the legislation.

any actions taken by the organisation and any related entities to assess and address modern slavery risks (including due diligence and remediation processes, management responsibility, tools and policies, external partnerships and outreach to suppliers);

New Zealand companies that are part of an Australian company’s supply chain can expect to be asked to provide information on their internal policies and procedures for avoiding modern slavery, as part of the due diligence process.

how the organisation assesses the effectiveness of these actions (whether by Key Performance Indicators or other tools); and

relevant consultation processes around any of the above.

While the Act does not contain any financial penalties, there will be reputational risks attached to non-compliance enhanced by the public nature of these disclosures.

The Australian legislation reflects similar legislation that has already been passed in the UK (Modern Slavery Act 2015), California (Transparency in Supply Chains Act) and France, requiring a human

rights ‘vigilance’ plan. Statements published under the UK regime are searchable on an online database.

In-house counsel, risk, operations and CSR officers responsible for compliance with the Australian legislation will need to develop their own modern slavery procedures appropriate for their business prior to issuing their own mandatory modern slavery statement or responding to questions from Australian purchasers.

Businesses will be conscious of the need to understand the specific risks of their own supply chains and to put in place appropriate due diligence and training programs to allow modern slavery risk-factors to be identified.

Daniel Kalderimis is a partner, and Nicola Swan a senior associate, at Chapman Tripp. Tracey Epps is a Wellington trade law consultant

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PEOPLE

Dame Judith Potter: there’s life after the bench

By Jenni McManus

Dame Judith Potter was a reluctant High Court judge.

A senior partner at Kensington Swan with 37 years’ experience under her belt, she didn’t think she fitted the judicial mould. Dame Judith was a commercial lawyer, not a litigator, and back then (the 1990s) judges were invariably appointed from the bar and were usually QCs. But she had made somewhat of a name for herself as a trailblazer as the first female president of a district law society – ADLS, in 1988 – and as President of the New Zealand Law Society from 1991-1994. She had learned how to manage the spotlight and deal with tough media scrutiny: the discovery of the $24 million Renshaw Edwards trust fund theft, the subsequent draining of the lawyers’ fidelity fund to repay defrauded clients and the $10,000 levy imposed on NZLS’ 2800 members had played out on her watch as president.

There were directorships too – at ECNZ and NZ Guardian Trust. And she had been a member of the Securities Commission (1988-1997) and chair of the Broadcasting Standards Authority from 1995 to 1997.

All this had attracted the attention of then Chief Justice Sir Thomas Eichelbaum who approached her and suggested it might be time to consider a judicial appointment.

“It wasn’t my idea,” Dame Judith says. “I couldn’t see how it would work because I wasn’t in the courts, I wasn’t a litigation lawyer and I couldn’t see how I could become a judge without that litigation background.” Not only did she have no experience of criminal law but because she hadn’t been a court lawyer, she would have to learn civil litigation processes and procedures.

There was at least one role model. Sir Peter Blanchard, a senior partner at Simpson Grierson and another commercial lawyer, had been appointed to the bench in 1992. Like Dame Judith, he hadn’t been a litigator.

“And I think I realised it was becoming very important that women were appointed to the judiciary,” Dame Judith says. “Silvia Cartwright became the first High Court appointment in 1993, which was 100 years since women got the vote, and something had to be done.” She spoke at Dame Silvia’s swearing-in, noting how “inappropriate and inadequate” it was that more women judges hadn’t been appointed to the senior courts.

“I’d been going on like that in my role as President of the New Zealand Law Society and it was suggested to me that I had a responsibility to seriously consider [judicial appointment]. After a 4

Dame Judith Potter

lot of soul-searching because I really didn’t feel that I had the right background for the job, I thought I could do it. So, I accepted appointment and I’m so glad I did because I really enjoyed my judicial career.”

Dame Judith became a High Court judge in 1997, retiring in 2012 at the mandatory age of 70. She still sits on the Cook Islands High Court, is a judge in the Tuvalu Court of Appeal and, until 2017, sat on the Pitcairn Islands Court of Appeal.

High-profile crimes While her judicial work has included complex

commercial cases, Dame Judith has also presided over high-profile criminal trials and came to enjoy criminal law, particularly the drama and atmosphere of the courtroom. Her cases included the Panmure RSA killer William Bell in 2001 (whom she sentenced to life imprisonment with a minimum non-parole period of 33 years), ‘samurai sword’ killer Antonie Dixon in 2005, the people responsible for the death of toddler Nia Glassie in 2008 and, in 2009, the trial of Clayton Weatherston, the University of Otago lecturer convicted of murdering his former student and Continued on page 5

LawNews Issue 23 | 17 Jul 2020

Continued from page 4 girlfriend Sophie Elliott. After the Weatherston case, the defence of provocation was struck from the statute books.

Because she had no litigation background, Dame Judith had to work very hard, especially at first.

And, unlike today, there was no formal judicial training. But she was given a mentor, High Court judge Sir David Tompkins – a ‘first’ for the High Court.

“He was very helpful and very supportive but we both had to feel our way as to how he could best help me,” she says. “I think, being a woman, I didn’t mind asking for help. And that had not been the tradition. The tradition had been that if you were good enough to be appointed a High Court judge, then you could do it and you didn’t go seeking help.”

Soon after that, judges Sir Thomas Gault and Sir Ivor Richardson got funding to set up the Institute of Judicial Studies. “I was an initial appointee to the board because I had made it known I was very interested in judicial education, as I had been in legal education on the law society. So, I was a member of the original group and when Sir Thomas Gault was appointed to the Court of Appeal, I became the chair of the Institute of Judicial Studies.

“We set off, again with no charter because there hadn’t been any judicial education in the High Court, to provide a system of judicial education for judges. [Former judge, ombudsman and GovernorGeneral] Anand Satyanand had started judicial education in the District Court but there was none in the High Court and even in the District Court it was still in an embryonic phase. But over the years it’s developed, and it is now a very good system of judicial education.”

Judicial education is “absolutely essential,” she says. “It’s ridiculous to think that judges don’t need continuing education, the same as the profession does. I had to muddle along and ask for help which I did because I found that my colleagues on the High Court bench were more than happy to help me as long as I was humble enough to ask for help.”

Off-limits, however, was asking a fellow judge for detailed assistance in determining the outcome of your cases.

“What I learned was that as a judge you and you alone know all about [the case you are hearing].

So, it’s no use thinking that you can get help with a case from another judge. It’s not fair, they haven’t heard it. But you can get help if you can isolate a particular point and go and get help with that, and then come back and factor this into your knowledge of the case as a whole. You’ve heard everything and you’ve got to be responsible for that and for the whole of the case.”

That aside, Dame Judith – a self-described “social person” – enjoyed the collegiality of the court: “that stroll along the corridor with a cup of coffee to say ‘look here, I’ve got this, and this is the issue. What do you think?’ That collegiality was all-important.

The common room was where you shared experiences.”

Grim evidence On the criminal side, she particularly liked working with juries and told Radio New Zealand in an interview in 2017 that were she to commit an offence, she would prefer a jury to a judge-alone trial. She thinks juries generally get it right.

“But goodness knows [how] because despite a couple of investigations into how juries work, I think it’s still a total puzzle. You pick up these 12 people and take them out of their normal routine and sit them down for what might be three weeks in a totally foreign environment where they’re asked to do probably one of the most important jobs of their lives,” she says.

I think people who see women or other categories of people as a threat are usually inadequate themselves “I think they take it very seriously and I think they work very hard at it. They’re told to listen, and they listen, and I think become involved in the case as it unravels like reading a book, chapter after chapter.

I think they follow [the judge’s directions] very loyally and work hard at it and, in my experience, generally they come up with the right conclusion.”

She never found it difficult to deal with the media.

Having journalists, cameras and computers in court is just a fact of life, she says, and her time as President of ADLS and NZLS stood her in good stead. “There were always media attached to highprofile criminal trials.”

But occasionally she was startled. “One night recently I was peeling onions on my kitchen bench and they were doing a program on Radio New Zealand about methamphetamine and the huge impact it has on society. Then they instanced the Panmure RSA murders as the first methamphetamine-fuelled murder and I heard myself sentencing William Bell to 33 years nonparole. I hadn’t at the time realised it was the first methamphetamine-fuelled murder.”

Asked about how she handled gruesome evidence

and photography that are part of most criminal trials, Dame Judith says so much is happening during a trial that horrific evidence doesn’t really penetrate.

“And by the time it got to the courtroom, it was sanitised. The people I really felt for were the paramedics and those on the frontline who had to go into the raw environment.

“Judges never have to cope with that sort of thing.

We get it sanitised: the knife that did the damage is in a plastic sheath; the evidence is numbered.

It’s all presented in a thoroughly sanitised manner so while some of the photographs are gross and one of the tasks of the judge is to rule out unnecessarily gruesome photography, on the whole it’s acceptable.

“It’s part of the reality of the situation. You’re hearing about things you’ve never heard about before and you’re seeing things that are not part of your normal life. But it’s part of a regulated regime and it has its own measured way of proceeding which I think enables people to cope with stuff that they wouldn’t normally be able to cope with,” she said.

“I was always very conscious that the lay people who came to court to give evidence, particularly in criminal trials, were also probably being asked to do things that they’ve never contemplated they would have to do and coming along to give the evidence in a courtroom can be terrifying.

“I was always very conscious of that and I would help as much as I could which would include intervening, which I tried not to do very often, but [often meant] getting counsel to ask questions that the witness could understand.”

One example were the two young sisters of murder victim Nia Glassie who gave evidence and were cross-examined via video link.

“You’re very conscious as a judge that these are very young girls who are being put through an experience that none of us could contemplate.

They had seen their sister abused and again I felt my role as a judge was to ensure that counsel asked the questions in a way that these young girls could cope with, that they weren’t at all belligerent or demanding and that they worked hard to get answers that were genuine rather than produced by fear or confusion.

“So, you’ve got a multipurpose role and when it comes to the question of whether you are overwhelmed by photos and things, the multifunctional role of a judge in a trial like that is so multi-faced that I never had time to be worried by any particular aspect.

“I was always very conscious of the jury. Could Continued on page 10 5

ADLS COMMITTEES

Update for members from the Family Law Committee A bench and bar forum for Family Court lawyers was held on Monday 29 June at the Auckland District Court, attended by Judges de Jong, Fleming, McHardy, Manuel, von Keisenberg and Muir. For the first time AVL was organised to allow practitioners in other parts of Auckland to join.

Key points: Back-up hearing dates There are plenty of back-up dates before Christmas. Counsel are encouraged to seek more than one date to increase the probability of their matter being determined sooner.

Memoranda of counsel The judiciary has asked counsel to state a summary of orders/directions being sought, either at the start or end of their submissions.

Urgent matters If a matter requires urgent attention, counsel should indicate this in the subject line of an email, along with the next event date.

Reduction of time for on-notice applications There is a delay in these interlocutory applications being progressed in a timely way. Counsel are reminded that these must be filed with the registry, rather than via the e-duty platform to avoid processing difficulties.

For these and any other urgent applications, practitioners should clearly identify the urgency in the cover letter or email subject line, along with and any upcoming next-appearance date. This assists with triaging matters and ensuring anything with urgency is given priority.

Once the five new members of the applications management team have completed their training, which was delayed by the Covid-19 lockdown, it’s aimed to have all on-notice and interlocutory applications progressed within a week, or sooner for urgent matters.

Practitioners who are concerned about a delay or any urgency relating to an application are encouraged to email or call the relevant personnel as per the escalations contact list available here if there are issues.

Teleconferences While teleconferences are acknowledged to be convenient and cost effective, the default position is still attendance in person. Lawyers may still make a request to attend by telephone in the usual way.

Electronic filing The Covid-19 level 1 protocols for electronic filing will continue until 24 September but counsel are encouraged to return to normal practices now.

Section 133 reports There is a backlog of five months for s 133 reports.

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judgments.

Earliest available dates A rough guide to the next available dates in Auckland Family Court are: Judicial conference: two weeks Directions conference: seven weeks Settlement conference: four weeks Seven new applications for court-approved psychologists are being considered.

Cross-examination of expert witnesses A reminder that cross-examination of expert witnesses should be brief and targeted.

Unnecessary questions are being asked, especially of psychologists and social workers. Practitioners should avoid asking them to repeat their evidence as the purpose of cross-examination is to challenge the evidence. In relation to accountants, counsel can cross-examine if they are taking a different approach in the present case to a previous case they have worked on.

Costs in the Family Court Counsel are also reminded to consider taking a collaborative approach on the quantum of costs and file a joint memorandum if possible. The general rule is that costs fall into the 2B category and counsel should avoid seeking increased or indemnity costs without giving full consideration to whether they are legally justified. iJudgments Earlier this year an arrangement was put in place for the distribution of judgments from the family jurisdiction.

These are judgments or minutes issued in court by a judge which are permitted to be distributed with an electronic signature. This system is designed to speed up the time it takes to get the judge to sign a minute/judgment and to distribute it.

In the first instance the judge’s PA sends out the e-authenticated minute/judgment to each of the relevant lawyers who have an email address on the Ministry of Justice address book. The system has been in place for the criminal jurisdiction for some time but has only recently been rolled out for the family jurisdiction. This arrangement does not include reserve judgments. Each time the judge’s PA sends an iJudgment by email the body of the email states: “This iJudgment eDistribution process is for decision delivery to the registry, counsel and prosecutors only. Any further enquiry about this decision or request for further distribution must be made to the court registry” Please do not reply to those emails with any questions Instead, please use your usual email contacts for the registry teams. The judges’ PAs have been instructed not to respond to any email queries sent in response to the emails containing signed

Short cause hearings: seven weeks Half-day hearings: 10 weeks Processing of interlocutory applications Fiona Parkes, Manager Justice Services Auckland Civil and Family, has asked that the following message be passed on to practitioners: “For interlocutory applications and any other urgent applications, if you can ask practitioners to please clearly identify on the cover letter the urgency, or any upcoming next appearance date. This assists greatly with triaging matters and ensuring anything with urgency is given priority.

“We aim to have all on notice and interlocutory applications progressed within a week (or much sooner for matters with urgency) and anticipate that once our five new members of the applications management team have completed their training period, this will be our position. Unfortunately, due to Covid-19 and the subsequent lock down, we were unable to progress training as usual, but this has been a high focus for Anju Vinayachandran and Aloema Futialo.

“I also encourage any practitioners who are concerned about a delay, or any urgency relating to an application, to please email Anju (Anju.Vinay@justice.govt.nz) and/or Aloema (Aloema.Futialo@justice.govt.nz) as per our escalations process. I am also available by email or phone to expediate anything if necessary (Fiona.Parkes@justice.govt.nz (09) 916 5756).”

The need for care It has come to the attention of the Family Law Committee that issues have arisen where parents have had children in the room and within earshot of court proceedings being conducted by telephone.

The same issue could arise with audio-visual links such as Zoom. Practitioners are reminded of the restrictions on who can be present during a Family Court hearing and the need to ensure children are not exposed to Family Court processes except via their own counsel.

It is suggested that, particularly in instances of self-representing parties, lawyers ensure at the outset of any remote conference that those present and/or within earshot are identified and the obligation to ensure only appropriate people are present is understood by all participants. It would help the judicial officers involved, together with Family Court Registry, if the lawyers engaged in such procedures could take responsibility for establishing those ground rules.

LawNews Issue 23 | 17 Jul 2020

CONSTITUTIONAL LAW

Why the courts appoint interveners in hearings In what’s likely to be one of the most constitutionally significant cases in years, Borrowdale v The Director-General of Health is scheduled to be heard next week in the High Court at Wellington. ADLS and the Criminal Bar Association applied – and failed – to be joined as interveners. Nathan Batts, a senior associate at Haigh Lyon, asks whether ‘intervening’ is the same as ‘interference’.

In the context of civil proceedings brought by a private entity or individual, the prospect of an unconnected party being able to decide to join in that proceeding so it has the formal right to be heard may be difficult for an outside observer to understand.

If such an observer were told that this sort of thing was formally called an ‘intervention’, he or she might reasonably quip back: “that sounds more like an interference to me.”’

Whether it is an interference or an intervention is probably semantics. The important focus for any court contemplating such an application is to balance two competing issues: the likelihood that the proposed intervener will assist the court in relation to the issues for determination, as against the risk of prejudice or unfairness to the existing

parties if the intervention were allowed.

These two key considerations for intervener application were recently affirmed in the case of Mohamed v Guardians of New Zealand Superannuation [2020] NZHC 1324.

Clearly, an intervention will not be justified in ‘ordinary’ cases. The jurisdiction to grant leave to a non-party to intervene in a proceeding is exercised with restraint. As a general rule, intervener applications arise only where the case is one of general principle and wide importance.

Nathan Batts

In addition to the broad balancing test, a further consideration for the court is whether the intervener possesses any relevant expertise or unique perspective.

whether the proposed intervener could be expected to provide the court with additional legal resource and assistance in deciding the subject litigation which it might not otherwise receive.

Another significant concern is whether the existing

Put another way, the court is concerned with

Continued on page 13

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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 Vicarious Liability on the Move – But Where Should it Stop? — FINAL NOTICE The ambit of the doctrine of vicarious liability has been expanding markedly in recent years. The seminar will consider how and why the law has been moving, identify relevant policy concerns driving the recent developments, and aim to reach a conclusion on whether it has gone too far and where it ought to stop.

Learning outcomes: • Refresh and update your knowledge of the relationships in respect of which vicarious liability can arise.

Particular attention will be given to a relationship “analogous to employment”, to that between an employer and an independent contractor and to that between a principal and an agent.

• Build your knowledge of the meaning and application of the “close connection” test, and consider how vicarious liability may apply in sexual abuse and fraud cases.

• Compare the circumstances in which a non-delegable duty may be imposed. Here the duty extends to care being taken by another person to whom the task of performing the defendant’s duty has been delegated.

• Benefit from receiving insights into recent major case law, including two decisions of the UK Supreme Court decided in April of this year.

Reputations Won and Lost – Why and How to Engage with the Media — FINAL NOTICE A good reputation is more valuable than money. Yet many brands and organisations falter when dealing with the news media who, love them or hate them, determine whose reputations soar and whose crash and burn.

This session will give lawyers insight into how the media works, how to use it to their or their client’s advantage, and when to ask for help.

Livestream CPD 2 hrs

 Mon, 27 Jul 4pm – 6pm

 Presenters Professor Stephen Todd, Professor of Law, University of Canterbury Andru Isac QC, Stout Street Chambers, Wellington

Livestream CPD 2 hrs

 Tue, 28 Jul 4pm – 6pm

Learning outcomes:

 Presenters

• • • • • • • • •

Liz Read, Managing Director, Reputation Matters Brenda Newth, Consultant, Reputation Matters

Gain an understanding of news, the news cycle and how the media works.

Gain insights into the risks and opportunities of engaging with media; why, how and when Understand how to engage with journalists.

Understand the difference between proactive and reactive media engagement.

Learn how to make the media uninterested.

Know when to ask for help and why.

Recive practical tips on media interviews.

Learn how to say sorry without taking responsibility.

Explore case studies showing how others have handled challenging situations.

Cybersecurity: Prosecutor or Prey – Your Choice

Livestream

In Person | Livestream

Recent times have shown us just how much legal businesses rely on – and can survive and even thrive on – technology. However, this reliance also exposes them to various risks such as data breaches and theft of trust account funds. Just what can firms do to protect themselves? Presented from the technical, firm and insurer perspectives, this seminar will highlight the threats and traps, and provide guidance on protections and best practice.

 Seminar

Learning outcomes:

Daniel Watson, Managing Director, Vertech IT Services Arran Hunt, Partner, Stace Hammond Jono Soo, Head of Cyber Specialty – New Zealand, Marsh Ltd

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•

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Become apprised of the most critical cybersecurity threats to a legal practice, including the risks posed by remote working.

Become better informed about the realities in practice, and the best approach including the need for management buy-in to protections.

Gain a better understanding of what insurance coverage is available, and the types of incidents and claims that arise, in this area.

Running an Effective Judge-Alone Trial

During this intensive day and in a collaborative environment, attendees will receive guidance on judge-alone trial advocacy skills, through presentations, demonstrations and commentary, from highly experienced and well-regarded presenters. We will also discuss the post Covid-19 landscape. Attendees will also receive useful materials which will reinforce the practical application of the content.

The Secretary for Justice may take into account completion of this conference when assessing an application for Criminal Provider Approval.

This event will be followed by drinks and time to mix and mingle with the presenters.

Learning outcomes: At this conference you will learn: • How to plan and run a Judge-alone trial, • How to deal with Judges and Legal Services. including receiving instructions, keeping • To whom to turn for help and support. a trial file and developing the theory of the case.

• How to structure examination and cross• How to deal with the post Covid-19 landscape. examination of witnesses.

• How to deal with the case management process • Techniques for effective examination and and pre-trial applications. cross-examination of witnesses.

• About how processes work from the perspective • How to properly produce and deal with exhibits. of Police prosecutors, and how to be effective in • How to make and respond to objections. your dealings with them.

• How to recognise and manage some common ethical problems in this context.

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CPD 1.5 hrs

 Thu, 6 Aug 4pm – 5.30pm

 Presenters

 Conference CPD 7.25 hrs

 Sat, 8 Aug 9am – 5.30pm

 Presenters Marie Dyhrberg QC, President, ADLS Mark Edgar, Barrister Simon Lance, Barrister Ish Jayanandan, Barrister Aieyah Shendi, Barrister Tara Griffin, District Prosecution Manager, Police Prosecution Service, CMDHQ

 Chair His Honour Judge Sharp His Honour Judge Sainsbury

LawNews Issue 23 | 17 Jul 2020

CPD in Brief Climate Change Series: What Lawyers Need to Know (2): Key Considerations for Property and Resource Management Lawyers

Livestream CPD 1.5 hrs

In this second session of the five-part series, the presenters look at how climate change is affecting property investment decisions, the management of real estate assets and how tenant needs are changing. This will be followed by an analysis of the recent changes to the Resource Management Act, which will now allow the effects on climate change to be taken into account in land development, consenting and planning decisions. The property and resource management strains will be woven together by assessing how climate change, at a practical level, is affecting property values and how the Resource Management Act has to date grappled with matters such as sea level rise.

Presenters: Sarah Blackmore, Special Counsel, Russell McVeagh; Patrick Senior, Senior Solicitor, Russell McVeagh; Belinda Storey, Managing Director, Climate Sigma Chair: Elise Markwick, Partner, Martelli McKegg

 Mon, 17 Aug

Working More Effectively with Others

Members: $300 + $180 for DiSC profile +GST. Non-Members: $390 + $180 for DiSC profile +GST

 Workshop

Success in law requires great commitment and capability. One area that can make or break a legal career is how effectively a person works with others. Sometimes, under the focus of practising law, the legal profession overlooks the importance of interpersonal effectiveness.

DiSC behavioural profiling brings a structured framework to working with others that suits the legal profession. It is evidencebased, powerful and highly actionable, providing clear insights and ways of working with others that will immediately increase how well you and others work together.

Facilitator: Tony Gardner

Openings and Closings in Criminal Trials In Person | Livestream Focusing on effective preparation and presentation of opening and closing addresses from both a prosecution and defence perspective, this seminar will also cover content, structure, applicable principles, and best-practice approach.

Presenters: Marie Dyhrberg QC, President, ADLS; Aaron Perkins QC Chair: The Honourable Justice Moore

Contempt and Recusal: New Legislation, Old Saws

4pm – 5.30pm

CPD 2 hrs

 Thu, 20 Aug 9am – 12.15pm

Livestream  Seminar CPD 2 hrs

 Tue, 25 Aug 4pm – 6.15pm

Livestream

In Person | Livestream Contempt of court and judicial recusal are important topics for all litigators. This seminar will provide a refresher and updater on contempt of court and judicial recusal.

With new legislation on the law of contempt, the potential for contempt – and the need for lawyers to deal with potential contempt issues – will increase once the Act takes effect later this year.

In a country the size of Aotearoa, the need for judicial recusal would seem to be great – but proper procedures and various guidelines exist, and the threshold for recusal is high.

Presenter: Robert Stewart, Barrister, Shortland Chambers Chair & Commentator: The Honourable Kit Toogood QC

 Seminar CPD 1.5 hrs

 Thu, 27 Aug 4pm – 5.30pm

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.

Running an Effective Judge-Alone Trial Saturday 8 August | 7.25 CPD hours | 9:00am - 5:30 pm | MIT, Manuaku Visit adls.org.nz for more information.

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Continued from pages 4, 5 they hear? Were they understanding? You’ve got counsel, and just when you think everything is going swimmingly someone will jump up with an objection. You’ve got the public at the back and I was always very conscious of them – and you’ve got the registrar and media.

nothing against you or what the law society is trying to do but our clients are commercial and commercial clients do not want to be advised by women. So that’s why we don’t, and can’t, employ them.’

“That was the attitude in the 1980s. I was job hunting in the 1960s so you can imagine that when people told me I would find it hard to get a job, they were right. But, of course, there are some enlightened firms and enlightened people and I have to say that my progress through the legal profession was a very happy one.

“You’re monitoring all of this and so you don’t really have the time or the energy to be overly involved in any particular aspect or how you’re feeling about anything.”

‘Women don’t do law’ Her ability to seize and make the most of opportunities was evident from an early age. As she was finishing high school at Epsom Girls’ Grammar School, the idea of studying law didn’t enter her head until a fifth form teacher, looking over her work, said, “Judith Potter, you have a remarkable ability to sort the wood from the trees.

You should be a lawyer.”

The class, and Dame Judith herself, exploded with laughter. It was 1958 and everybody knew women didn’t do law. But the idea began gradually to settle in her head, she says, because the following year, when career decisions needed to be made, law became a possibility.

“I didn’t want to be an accountant and I certainly didn’t want to teach and it’s hard to realise how limited the options were for women in those days or for a girl leaving school,” she says. There were no lawyers in her family but nonetheless she asked her father if he thought she could do law. Provided she was prepared to work very hard, he thought she could.

“I was very fortunate. Many fathers in those days would not have said that,” she says.

Right from the start, she enjoyed law school. In those days, students went to university fulltime for a year, then got jobs and studied part-time.

Dame Judith found work at the Companies Office because she was told (“quite rightly”) that she wouldn’t get a job in a law office as a girl.

The work was boring, but the pay was £8 a week compared with £6.50, “so I thought I was on a bit of a winner there”. But one year was enough and after spotting an ad in The New Zealand Herald, Dame Judith applied for a job as a junior law clerk at Wallace McLean Bawden & Partners (later to become Kensington Swan). It was a pivotal decision.

She was interviewed by John Wallace, a junior partner who was later to become Sir John, a High Court judge and President of ADLS. “He was an absolutely fantastic man,” she says, without a discriminatory bone in his body. “He was utterly fair, and he gave me my first job.” She stayed with the firm for 37 years “with lots of time off to travel and do everything else” and left only to become a judge.

Trailblazer Dame Judith graduated in 1964, the first year two women finished law school at the same time.

“Looking back, I was extremely lucky to be 10

“The legal profession was supportive of me and I was extremely lucky at Wallace McLean Bawden & Partners. Each of the five partners was very competent and self-assured in his own role so I presented no threat. I think people who see women or other categories of people as a threat are usually inadequate themselves.

They listened to me very politely – two of their senior partners – and then said ‘Judith, this is nothing against you or what the law society is trying to do but our clients are commercial and commercial clients do not want to be advised by women’ employed, extremely lucky it was John Wallace who interviewed me (because he was a junior partner and this was the most junior legal job in the firm),” she says. “I think it is likely that many – probably most – legal firms in Auckland would not have even given me an interview in those days because they didn’t employ women.”

In the mid-1960s there was a handful of women in the law such as Anne Gambrill (née Shorland) and Gussie Wallace (later Dame Augusta and New Zealand’s first female District Court judge). But they were few and far between and usually came from families where the father had been a lawyer or a judge.

But fast-forward to the mid-1980s and the climate had not improved much for female lawyers. Dame Judith recalls an occasion when, as an ADLS council member, she visited a large Auckland firm in a bid to get more women into the law.

“They listened to me very politely – two of their senior partners – and then said ‘Judith, this is

“It’s a worry – that somehow their inadequacies will be revealed or they will be overtaken by an adequate female. So, I was in a firm where each of those gentlemen was secure in his own right and could help me. I was no threat whatsoever and I think they saw some potential in me and helped me to get along.”

Dame Judith also became a partner but later than the firm had planned. Initially she declined because she wanted to travel, initially to England where she worked for a couple of years before returning to her old firm.

“I didn’t want to be tied down,” she says. “I wanted to travel, and I wanted to experience much more widely. In those days a young man would have seen his whole future involved in having a partnership in a legal firm. They don’t now but in those days they did. It was a commitment for life – it was rather like a marriage. You didn’t stay there for three or five years and then see if there was something better on the other side of the fence. It was a commitment and I didn’t want that at that stage.”

When she returned from London to attend her sister’s wedding, Wallace McLean Bawden made her an offer she couldn’t refuse. She took up a partnership in 1972 on the understanding that when she got itchy feet and wanted to travel, the firm would accommodate her.

“It was an example of how liberated these people were,” Dame Judith says. “It was a commitment and it was total, but they just had the wisdom to see that I wouldn’t abuse it and they could make it work. And, of course, that provided an example – a bit of a precedent – for how these things can work and how life can be handled differently.”

She didn’t have children but admire women who do and continue to work. “That is extremely hard,” she says. “In 1960, when I started university and applied for my first job, and in 1964, when I finished my degree, if I had tried to work and have children it wouldn’t have worked. It would have been too much. The logical sequence then was that women didn’t work as they had their families because people hadn’t got their heads around how it could Continued on page 11

LawNews Issue 23 | 17 Jul 2020

Continued from pages 4, 5, 10

in the Koru lounge for a flight back to Auckland after the gruelling Clayton Weatherston trial. A member of the public came up to her and said, “Justice Potter, we’ve been following your case in Christchurch. What a terrible case and I suppose they’ll give you a week off now to have a bit of a rest”. Dame Judith said, “that’s my briefcase and that’s the case that I’ll be doing, starting on Monday. They’ve sent it down for me to read over the weekend.”

work for women to keep going.

The upshot was the loss to the workforce of a huge talent base. It would be another five to 10 years before other trailblazers like Dame Sian Elias and Dame Lowell Goddard – who became New Zealand’s first female QCs in 1988, the year Dame Judith became ADLS President – came along.

As an individual, you can lead change, Dame Judith says, but it was only when a critical mass of women was achieved in the legal profession that real and effective change could actually occur. “It’s hard when there’s only one of you.”

In her experience, women enjoy the law and make good lawyers. “I remember back at law school there quite a few young men who were doing law because their parents thought it was a good thing.

It was a very worthy profession and you earned well but some of them didn’t enjoy it at all. I think women who go into the profession do it because they think they’re going to enjoy it. They also have the gumption to get out if they don’t.”

Judicial temperament Did she know what she was letting herself in for when she became a judge?

“Hopefully in our system when you’re appointed a judge you’ve had years of legal experience and you’ve learned to get through life without taking your clients’ problems home with you. Otherwise you will fail,” she says.

“I always regarded it as a huge privilege as a judge not to have to take sides. But you do need a temperament that means you don’t want to take sides, that you’re totally unbiased and impartial.

You’ve got to take ‘you’ out of every situation; you personally do not count. You’ve got to be looking at the case and the people involved in it from their perspectives without you being part of the equation. And you’ve got to be very sane, very sensible and I suppose within yourself quite tough so that you can do all that’s required of you.”

Dame Judith enjoys sports, especially golf, and music. After becoming a judge, she “wasn’t minded” to give any of that up.

“He looked at me in horror. That’s how it was. You get totally used to that, but it was relentless.”

The tradition had been that if you were good enough to be appointed a High Court judge, then you could do it and you didn’t go seeking help “I continued to live my external life,” she says. “I regarded it as very important to my own personal balance that I would have a life outside the courtroom with my friends and with my sport. That was my reality test to enable me to keep two feet on the ground and to do the work.

“It is a relentless pressure and often I would work weekends. That didn’t matter. As a legal practitioner I was used to working weekends, but I tried to balance that with time out. I love music and always kept going to concerts and things like that because that was absolutely necessary. I’d give these things priority sometimes.”

The pressure was epitomised for her when waiting

Eight years into retirement, Dame Judith is still on the bench in the Cook Islands and Tuvalu. Much of this work in the past few months has been done via Zoom and other AVLs. She’s getting used to online hearings but says face-to-face can’t be substituted in a number of circumstances, including jury trials.

Until Covid-19 hit, she did a lot of travelling.

Plenty of good work has come her way. She is a member of the Greater Christchurch Claims Resolution Service in 2018 and was a member of the Fonterra Inquiry Committee into the botulism scare from 2013 to 2015. And she’s an expert lay advisor on the Royal Australasia College of Surgeons’ New Zealand board.

“There’s still enough to keep me interested and I’ve tried to keep in touch with the profession,” she says. “I would say my whole legal career and then my judicial career has been an utter privilege. I’ve been so lucky. I give myself credit for taking the opportunities along the way. And wise people on the law society and in our legal firm encouraged me by saying ‘it’s an opportunity, you must take it’ because as a young woman I was always a little insecure about whether I should be putting myself forward.

“So, if I give myself credit it is for taking the opportunities that were offered to me.”

Any advice for aspiring judges? “Assess yourself very honestly for judicial temperament, ability and willingness to manage relentless pressure, and humility. Take advice from experienced judges.”

Nelson Sundowner Thursday 20 August 2020 | 5.30 pm - 7.30 pm The Styx | 272 Wakefield Quay | Nelson Connect with practitioners in your area, and hear how ADLS can support you in your professional development Learn more

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Own this space Get your product or service in front of nearly 6000 lawyers, judges, politicians and academics who subscribe to LawNews each week Get your message in front of them. Call our advertising executive, Darrell Denney, on 021 936 858 or email Darrell on Darrell.denney@adls.org.nz

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Continued from page 7 parties are equally well represented so that the court is confident they and their legal counsel are competent to address the issues arising.

Recently, ADLS filed a joint intervener application, along with the Criminal Bar Association (CBA), in respect of the judicial review proceedings commenced by Andrew Borrowdale, challenging the legality of the government’s lockdown restrictions (Borrowdale v Director-General of Health CIV-2020-485-194).

Specifically, ADLS/CBA sought leave as proposed interveners to provide written and oral submission on the legal issues involved in the case.

Neither ADLS nor CBA is a stranger to intervener applications. For example, both bodies intervened last year in the Court of Appeal’s reconsideration of sentencing tariffs for methamphetamine-related offending in Zhang v R [2019] NZCA 507.

Central to the ADLS/CBA intervener application in the Borrowdale proceedings was the fact that Borrowdale, despite being legally qualified and highly experienced in his specialty areas, was a litigant-in-person. His background did not include any significant litigation or advocacy experience and he would be facing a team of specialist senior and highly experienced Crown advocates in defence.

From this perspective, the concept of “equality of arms” and the goal of ensuring the important legal issues for determination were thoroughly and properly considered indicated the need for experienced advocates to advance, and possibly develop, Borrowdale’s claims.

The intention to assist was explicitly articulated in the ADLS/CBA application. This position did not mean ADLS/CBA would necessarily take the position that some or all of his claims were correct.

Instead, ADLS/CBA recognised the importance of the issues at stake and the need to ensure that, in the context of an adversarial proceeding, both sides of the argument were effectively presented for the court.

After the filing of the ADLS/CBA application, the court invited the New Zealand Law Society (NZLS) to consider whether it also wished to file an intervener application. In due course NZLS did file its own and separate application. Borrowdale supported both the ADLS/CBA application and the NZLS application. The Crown did not formally oppose either application.

Ultimately, the court declined the ADLS/CBA application and granted NZLS intervener status.

In relation to the CBA, the court concluded that because criminal law issues were not relevant to the determination of the claim the CBA’s expertise was unlikely to be of assistance.

In respect of the two law societies, the court said it would be assisted by submissions from the NZLS (which had, at that point, expressly reserved its position in relation to the legal issues in question).

It expressed concern that allowing both NZLS and ADLS to intervene would result in overlap of submissions which would prolong the hearing and increase costs.

Finally, the court was not convinced by the “equality of arms” concern that was central to the ADLS/CBA application, observing that “the purpose of permitting an intervention is not to assist one party in presenting its case” and that the NZLS application was directed at assisting the court rather than Borrowdale.

Borrowdale is shaping up to become one of the most constitutionally significant proceedings in recent times. Whatever the outcome, it will be a fascinating development on our legal landscape. The court’s judgment may be released before the September general election. If that occurred, politicians would undoubtedly attempt to gain mileage from the result – whichever way it was decided.

Nathan Batts was part of the legal team acting for ADLS/CBA in its bid to be joined as an intervener. Other team members were Dr Rodney Harrison QC and barrister Warren Pyke

Breakfast with the Minister of Justice, Hon Andrew Little Friday 14 August | 7:15 am - 8:30 am The Northern Club, Auckland ADLS invites you to hear from Hon Andrew Little on important topics relevant to New Zealand’s legal profession.

Join us for breakfast and light refreshments, followed by an address from the Minister and a Q&A session.

To register, click here.

T 09 978 3970

E events@adls.org.nz

W adls.org.nz

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New Trusts Act 2019

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

We have created a set of precedents (including a Winding Up package, work flows, letters and bills to clients, checklists and a Trust Review Report) that will:

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.

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Future Fit Workshop Wednesday 2 September 10:00 am - 12:15 pm | 2 CPD hours Venue: ADLS, Auckland

As we find ourselves adjusting to the new normal after Lockdown, we are being ever more stretched to meet the expectations of our organizations, customers, and to keep our teams engaged.

Being Future Fit has evolved as a new paradigm, designed to help you and your team move from a state of panic to thriving.

T 09 303 5278

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E cpd@adls.org.nz

W adls.org.nz

LawNews Issue 23 | 17 Jul 2020

MEDIATION Nigel Dunlop Barrister

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The cost is $280, $210 or $140 plus GST per week plus overheads (around $120 or $75 per month) depending on size (19 sq metres, 12 sq metres and 10 sq metres).

No long-term commitment is required.

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Working More Effectively with Others Workshop | 3 CPD hours Thursday 20 August | 9:00 am - 12:15 pm Venue: ADLS, Auckland

Success in law requires great commitment and capability. One area that can make or break a legal career is how effectively a person works with others.

Sometimes, under the focus of practising law, the legal profession overlooks the importance of interpersonal effectiveness.

T 09 303 5278

E cpd@adls.org.nz

W adls.org.nz

15

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No Agencies please

ADLS committee membership applications 2020 – 2022 ADLS has a proud history of contributing to the law and the legal profession through its members and their participation in ADLS committees.

ADLS has committees in the following key areas: Civil Litigation

Members of its 17 committees are volunteers who carry out a wide range of activities in their specialist areas. Committee members draft submissions to Parliament, meet with representatives from government departments and the courts and contribute to continuing professional development (CPD) programs and LawNews articles.

Continuing Professional Development

Committee appointments will be for a two-year term aligned with the ADLS financial year, from October 2020 to September 2022. Successful applicants appointed by the ADLS Council will be notified in mid-late September, with committee meetings re-commencing in October.

Documents & Precedents

Committee appointments cannot be confirmed unless the applicant is a member of ADLS. Applicants must therefore be, or intend to become, an ADLS member. (For ADLS membership information and to join please here.)

Courthouse Liaison Criminal Law Employment Law Environment & Resource Management Law Family Law Health and Safety Law

ADLS encourages applications from members throughout New Zealand. Committee members can attend meetings in person or via video conferencing.

Immigration & Refugee Law

Applications for membership on the committees listed alongside are now open. Aspiring committee members, as well as existing members wishing to remain on their current committee, should apply online here by 5pm 31 August 2020.

Mental Health & Disability Law

For further information, including committee guidelines and overview, please visit the committees’ page at www.adls.org.nz. Questions can be emailed to: committee.secretary@adls.org.nz

Property Disputes

Members’ Special Fund Newly Suited Property Law Technology & Law Trust Law

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