LawNews - Issue 9 by The Law Association

NEWS Apr 1, 2022 Issue 9

Inside ■ EMPLOYMENT

Bad news for unvaxxed workers P03-04

■ COMPANY LAW

Onerous new duties for incorporated societies P05

adls.org.nz

Contents 03-04 EMPLOYMENT VACCINATIONS RIGHTS

A hard road ahead for unvaxxed – and unemployed – workers

05 MAINZEAL DEBUT HOMES INSOLVENCY

In the firing line: officers of incorporated societies

07 IN-HOUSE FLEXIBILITY VARIETY

08-09

A week in the life of a lawyer: a continuing series

EVENTS

LawNews is an official publication of Auckland District Law Society Inc. (ADLS). Editor: Jenni McManus Publisher: ADLS Editorial and contributor enquiries to: Jenni McManus 021 971 598 Jenni.Mcmanus@adls.org.nz Advertising enquiries to: Darrell Denney 021 936 858 Darrell.Denney@adls.org.nz 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.

10-11 FEATURED CPD

12 CPD IN BRIEF

ADLS clinches sale of iconic Chancery Chambers

©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. Cover: Spencer Platt / Staff / Getty Images

Apr 1 2022 Issue 9

EMPLOYMENT LAW

Returning to work: the tricky process of dealing with unvaxxed former employees There are a lot of lawyers spending a lot of time looking very carefully at whether people were unjustifiably dismissed. Especially where there is a health and safety policy in place rather than a mandate

Catherine Stewart

Graeme Colgan

Diana Clement

could argue that it showed that there were unjustified ulterior motives. An example might be where the employee had a disability that precluded vaccination and may be able to argue they were discriminated against, she says. “But it would be hard for them to do that. If they were in breach of the vaccine mandate, then the justification could be quite straightforward. So, it may be difficult to argue that it was predetermined when there was a substantive justification of a vaccine mandate.” What’s more, says Stewart, the legislation relies on the circumstances at the time of the dismissal. “The dismissal would have been when the mandate was in place. They can’t subsequently say ‘this mandate got dropped so you shouldn’t have dismissed me’.”

Employees terminated under vaccine mandates may be sorely disappointed if they want their old jobs back. In most cases, employers have no obligation to re-employ them. “For some other sectors, including health, aged care, border, MIQ and corrections workers, the mandates will remain in place,” says Susan HornsbyGeluk, managing partner at Dundas Street Limited. And barrister Catherine Stewart, ADLS Employment Law Committee convenor, says employees dismissed under the Covid-19 Public Health Response (Vaccinations) Order 2021 do not have an automatic right to be given their old jobs back. “It’s a completely new employment relationship,” says Stewart. “There is no ongoing obligation by either Personal grievances party to formulate a new employment relationship. It comes down to the employer and employee Barrister and retired Chief Judge of the Employment negotiating a new employment arrangement.” Court, Graeme Colgan, says, however, that The government is withdrawing compulsory anyone taking a personal grievance case after vaccine mandates for police, being dismissed for failing to be education and defence workers The requirements vaccinated is giving themselves a from 11.59pm on Monday 4 April, to act in good faith good bargaining wedge to be realthough the Ministry of Education employed. still apply has told schools they can choose Dismissed employees have 90 not to employ unvaccinated workers days to raise a personal grievance for some roles, such as teachers with their employer and three years working with immunocompromised students. from then to issue proceedings in the Employment New Zealand’s situation is different to that of the Relations Authority. “The practical position is that you United States, Stewart says, where employees were can go back to your employer and say: ‘I have this furloughed. “The people on furlough would be brought litigation going against you. So how about we settle it back on [after mandates end]. In our jurisdiction, the by you just reinstating me and I forget about my case’.” employees have been terminated and they need to be Colgan expects some personal grievance cases rehired.” will see their day in court. “There are a lot of lawyers The only option for employees who want to be who are spending a lot of time looking very carefully re-employed, but aren’t, would be to take a personal at whether people were unjustifiably dismissed. grievance, arguing the termination was unjustified Especially where there is a health and safety policy in under section 103A of the Employment Relations Act 2000 (ERA), Stewart says. Those who apply for their Continued on page 13 old jobs, which haven’t been filled, but don’t get the job 03

Continued from page 03

place rather than a mandate. “There are a lot of lawyers looking at s 4 [of the ERA] very carefully. The requirements to act in good faith still apply. If an employer has just put [the mandate] in and hasn’t consulted with staff about the policy and that could mean dismissal, they could be breaching the good faith section, which is s 4.” Joe Gallagher, negotiations specialist with E tū union, says that leaves the many employees who want their jobs back in a difficult position. “Do you take a personal grievance that gets everyone’s heckles up? Or do you hedge your bets and hope the mandates come off?” Many are choosing the latter. One exception which might arise is where the employee is still working out a notice period, Stewart says. “Because of the good faith obligations by the employer I would suggest they may have an obligation to re-offer the role if they’re still working out their notice period. Section 4 requires the parties to act in good faith towards each other. “There is also the point under Schedule 3A to the Employment Relations Act which comprises the provisions relating to covid-19 vaccinations. Under subclause 3(5), a termination notice given under clause 3 is of no effect if, before the close of the period, an employee is vaccinated or is otherwise permitted to perform the work under a covid-19 order. “This is likely to impute an obligation on the employer to allow them to continue working after the end of their notice period provided this does not create unreasonable disruption to the employer’s business in accordance with subclause 3(6).” Colgan says it is often not well understood that the dismissal takes place at the end of the notice period, not the beginning. “If you are still within your notice period you are in a strong position to negotiate a return to work as an existing employee.” The importance of this is that employees who have lost their job and are coming back as new applicants lose their accumulated rights from their previous employment. “So long-term leave or accumulated sick leave or bonuses. All those things you get by staying in a job for a long time.” A new employee wouldn’t get sick leave for six months. Hornsby-Geluk adds: “Simply put, the justification for the potential termination has disappeared and therefore so too has the basis for any dismissal.”

Other arrangements Lawyer Garry Pollak says in many cases unvaccinated 04

diminished with 95% of the population vaccinated employees subject to mandates haven’t been and natural immunity from exposure to the virus, it is dismissed. “They are on leave without pay or some becoming harder for private employers to justify their even on pay such as [the] police [and] military. A bit private mandates. Whether they will be able to justify like a person on parental leave. them in the future will depend on the circumstances “Even in the private sector, there are many such and the rationale of the employer.” arrangements whereby as an alternative to dismissal, Hornsby-Galuk says employers with private such arrangements have been put in place. Far more have been accommodated in a variety of ways such as vaccination policies should be reviewing them regularly to take into account the changed being allowed to work from home. environment and updated Ministry “This group does not get a It’s a completely of Health advice. huge amount of publicity, [and] “It remains open to employers the numbers will be statistically new employment to consider terminating the insignificant. I am guessing in the relationship. employment of employees based health sector a few hundred out of There is no on their own vaccination policies, maybe 80,000 to 100,000. With the ongoing obligation but they will need to demonstrate group of police and defence force that the basis for the policy remains staff who chose to be unvaccinated, by either party robust, a fair procedure has been for example, and who went to the to formulate a followed, and that all reasonable High Court recently, it was less than new employment alternatives to dismissal have been 200 out of 35,000-plus.” considered.” Pollak suspects many will find relationship Pollak says it’s not surprising their way back into their old jobs. that the government allowed private “Given we have, I think, the lowest employers to mandate that employees must be unemployment rate in the world and a pretty much vaccinated, subject to reasonableness and fairness. booming economy growth-wise, I would imagine some “This is not surprising as it also involves private dismissed employees could be re-employed.” property and is the same right as you or I have to say Asked if he thought some employers might have only vaccinated people can come onto my property, been pleased to offload some employees, he said: which incidentally my wife and I have had to do “I actually have not heard of any situations where because we look after two very vulnerable and very vaccination status has been used as an excuse to get elderly relatives.” rid of particular staff members. This is quite different Public service employees have extra legislation to where redundancy is used to get rid of troublesome that may give them some protection in the Public employees.” Service Act 2020. Colgan says he suspects some employers may “For public service employees, some employers have used the mandates as an excuse not to rehire people they wish they had never hired in the first place who have lost their jobs (for example, being demoted and were glad to see go. Should those employees want or shifted to another position because they didn’t get the vaccine) might have a case under the Public to return, employers could make it more difficult by Service Act 2020 to get their original job back if there requiring they take covid-19 tests. Some won’t want is still a vacancy. That Act requires that the employer to do that. He draws a parallel to NZ Amalgamated appoints the person best suited to the position.” Engineering Printing and Manufacturing Union “The Act requires that all employment decisions Inc & Ors v Air New Zealand Ltd (2004) where the must reflect the employee’s ability to do the job rather Employment Court allowed Air New Zealand to drug than political or other considerations. That’s to protect test in certain circumstances. Some employees could the integrity of state employment,” says Stewart. also have been demoted from a role that required Colgan adds: “If someone who was otherwise vaccination because of the mandates. Stewart says it been a satisfactory employee for 10 years and was could be argued an employee who had been demoted dismissed because they wouldn’t get vaccinated and because the role required a vaccine might be entitled come back and say, ‘I would like a job’ and 10 other to return to the old job. people who have never worked there before applying She notes that private employers can still have for that job, they may well be the best person for the their own mandate but wonders how long they will job given their experience and track record.” ■ continue to do so. “With the rationale for mandates

Apr 1 2022 Issue 9

COMPANY LAW

Are parts of the Companies Act no longer fit for purpose? Jenni McManus

“That doesn’t sit very well when you’ve carefully crafted the society’s purposes, even if it’s a simple one like playing As the controversial Mainzeal case on tennis,” he says. “What does it mean the scope of directors’ duties awaits a to cut across that and say the officers decision by the Supreme Court, officers have to act in the best interests of the of incorporated societies have been society as distinct from what the society warned they may face a similar fate has been established for?” to the Mainzeal directors if the new Incorporated societies, Wallis says, Incorporated Societies Bill passes its Roger Wallis are more akin to charities than to forthird reading in its current form. profit corporate structures and placing Although the language is slightly disproportionately burdensome requirements on their different, clauses 53 and 54 of the bill impose on officers of New Zealand’s incorporated societies similar officers is likely to act as a deterrent to those who might otherwise be prepared to serve. duties to those imposed on corporate directors in “In our view, significant harm could be done to ss 135 and 136 of the Companies Act 1993 – an issue organisations which are already battling to cope with canvassed by LawNews early last year. immense demand on limited budgets unless clauses And, for incorporated societies that are largely not53 and 54 are removed.” Wallis also notes that clause for-profits and often staffed by volunteers, that’s a big 49 of the bill requires officers to act in good faith – problem, says Chapman Tripp partner Roger Wallis. another reason the offending clauses are not needed. These sections of the Companies Act require “Their officers should be governed according to directors not to trade in a manner likely to cause the society’s constitution, which will inevitably refer serious loss to creditors and not to agree to incur to the need for officers to act in good faith in all their obligations unless they have reasonable grounds dealings. This position better reflects the common law.” for believing these obligations can be fulfilled when Clark has refused to remove the clauses, saying required. the government wants to wait until the Supreme Court Wallis has written to Commerce and Consumer has ruled on Mainzeal. Further, he says, the officers’ Affairs Minister David Clark, urging him to excise duties won’t come into effect until 18 months after the clauses 53 and 54 from the Incorporated Societies Bill Incorporated Societies Bill is passed and there will be before it comes before Parliament for the final time. a further four-year transition period. So, plenty of time Wallis says incorporated societies are “not overflowing with legal and commercial experts” and generally have to fix it up. Not good enough, Wallis says. “It seems a bit scant resources and skills, and that it is “egregious reckless to me to knowingly pass it into law, knowing and unreasonable” to place such onerous duties on it’s deficient.” Instead, he wants the clauses removed ordinary members of the public, with “potentially before the bill goes back to the House and for Justice ruinous consequences”. Minister Kris Faafoi to ask the Law Commission to He wants more emphasis to be placed on an revisit the entire Companies Act which, he says, is no incorporated society’s purpose, rather than the longer fit for purpose. In fact, Wallis says, he recalls legislation insisting that its officers act in the best a speech given by Justice Tompkins at Waikato interests of the society, as the current bill requires.

University in 1994 – a year after the Companies Act came into force – saying much the same thing. “The law is unsatisfactory [and] there is a real risk that if you were to take on a role as an elected officer [of an incorporated society], then a well-resourced creditor could sue you personally. How is that going to encourage good people to put their hands up?” Wallis says. The main problem with ss 135 and 136 is that they are broad and difficult to interpret. Both the High Court and the Court of Appeal have struggled with Mainzeal and adding to the uncertainty is the Debut Homes case, where the Supreme Court found that directors could be held liable for all debts incurred by a company in trading after a specific date. The uncertainty here is whether Debut Homes is confined to its facts or will be interpreted more broadly. “The Debut Homes decision is controversial as to how far it goes and [there is] the live issue in Mainzeal where two levels of the court have come up with different theories. The Supreme Court will probably come up with a different one again,” Wallis says. Pointing out that the Supreme Court hearing took five days, he says these sections are very hard to understand. Wallis acknowledges Chapman Tripp has an interest in Mainzeal as it acts for former Prime Minister Dame Jenny Shipley – one of four former directors staring at a $38.2 million costs and compensation bill unless the Supreme Court rules in their favour. But he points out that the Court of Appeal shared similar misgivings about ss 135 and 136, with Justice David Goddard saying, “The legislation governing insolvent trading in New Zealand is unsatisfactory in a number of respects. The Act should be reviewed to ensure that it provides a coherent and practically workable regime for the protection of creditors where directors decide to keep trading in circumstances where a company is insolvent or near-insolvent.” ■ 05

ADLS

ADLS sells its Auckland headquarters, Chancery Chambers After a competitive tender process, ADLS announced this week it had sold its Chancery Chambers building in downtown Auckland. The transaction is scheduled to settle on 29 July. As part of that arrangement, ADLS will remain in Chancery Chambers for between one and two years while it looks to buy a commercial building in Auckland as its long-term home. Members were canvassed late last year about a prospective sale and gave the ADLS Council a strong mandate to proceed. The building went on the market in February with tenders closing in mid-March. The ADLS council last week unanimously agreed to the sale, saying it was satisfied the price was good, given current and projected market conditions. The purchaser is Kegg 35 Ltd, a business with expertise in

refurbishing and managing heritage buildings, ADLS President Marie Dyhrberg QC said. “We understand their intention over time is to refurbish the building into high-quality office space, keeping the heritage characteristics of this magnificent building,” she said. “This very positive development ensures that we can now undertake a considered search for a suitable commercial building to invest in without having to rush the process and, of course, it means that management and staff of ADLS can focus on providing services for members without the uncertainty of having to move to a temporary premises.” As foreshadowed last year, all funds from the sale will be ringfenced and invested conservatively with Forsyth Barr. The sale was brokered on ADLS’ behalf by Whillans Realty Ltd. ■

Celebrating Leadership

In April our firm celebrates two notable milestones. Our Partner, Jacque Lethbridge takes office as President of Te Kāhui Ture o Aotearoa/New Zealand Law Society and Emma Foster joins the Partnership having begun her law career at Martelli McKegg. We pride ourselves on not only growing great lawyers but great leaders. Jacque and Emma are raising the bar for our firm and for the profession. Our heartfelt congratulations to them both. Office +64 9 379 7333 www.martellimckegg.co.nz

Level 20, HSBC Tower, 188 Quay Street, Auckland 1010, New Zealand

Apr 1 2022 Issue 9

LEGAL PROFESSION/SERIES

A week in the life of an in-house counsel Georgina Sanders As cliché as it might sound, the beauty of working in-house is that no two days are the same. The job requires you to wear several different hats, sometimes more than one at a time, so you can connect with the business and help meet its needs. The in-house legal function often gets a bad rap for being the team that make things difficult or over-complicates a situation. However, once you develop strong relationships within the business, the value you can add is profound. You start to find that different internal stakeholders actually want to come to you, rather than avoid you. I started working in-house as my first job after being admitted and despite not knowing anything different, I have loved the learn-as-you-go approach and the autonomy I have been afforded in doing so. I engage with the business across many different practice areas, including property, privacy, employment, operational agreements, intellectual property and other general legal matters. Here is a broad overview of what my week looks like:

Monday ■ I start every day by clearing my inbox and replying to

■

outstanding emails. Since we are an international company, emails sometimes come in from the overseas team during the weekend that require priority. Sit down for a property team WIP to find out the status of our live projects and hear about any new ones in the pipeline. I work closely with the property team in drafting lease documents, sale and purchase agreements and helping with due diligence. Work through any contracts or service level agreements (SLA) the team has sent in for review and provide comment for them to take back to their customers or suppliers. Catch up with our general counsel about some of our larger customer contacts and leases, both here in New Zealand and overseas. Arrange for a catch-up with our overseas in-house counsel to discuss what is going on in their regions and any new legal matters or updates to pass on to the senior team based here in New Zealand.

Tuesday ■ Consult with our group manager of team development to prepare for a mediation later in the week. We catch up with the team involved and talk through the process they followed and work through strengths and weaknesses of our position.

■ Head out to view one of our new sites with our property

Georgina Sanders

The in-house legal function often gets a bad rap for being the team that make things difficult or overcomplicates a situation

manager. It is always great to see what happens after the legal side of things is done and to follow the build progress of a new freight depot. ■ Work through questions that have come in from the team regarding what changes we can accept to our SLA and how best we can accommodate a customer’s request. ■ Have follow-up conversations with team after feedback is provided on contracts and understand the areas where it can be flexible and those where it cannot.

Wednesday ■ Have a zoom meeting with a contract software provider. We are looking to implement some new legal software so I am in charge of engaging with a few different businesses to compare their offerings and put forward a business case for the one we should go with. ■ Catch up with our development manager about a new site we are looking at and go over the commercial terms he would like included in a letter of offer for the landlord to consider. ■ Start to work through new lease proposal and talk with our property manager about any additional requirements the site might need to make it best fit our operational needs. It is always easier to deal with all this upfront in the negotiation to enable the landlord to understand the specifics of our operations. ■ Take a few calls from team on a range of topics including the status of different contracts, employment questions and general updates.

Thursday ■ Celebrate one of our team who has been with the business for 20 years– such a huge milestone. Always nice to come together with the wider team and have a shared morning tea and catch-up. ■ Have a call with our external counsel about some of our trademarks that are coming up for renewal and liaise with our signatories to find a time that will suit for them to sign the requisite Power of Attorney documents and declarations. ■ Discuss with general counsel whether we wish to oppose a trademark that is similar to ours in an overseas jurisdiction and what the likelihood of success would be. ■ Liaise with counsel for one of our landlords to arrange an extension to one of its key milestone dates in our lease, and talk through with the team the implications of this.

Continued on page 13 07

EMPLOYMENT LAW/EVENT

Stalwart of the employment bar, Hugh Fulton, retires Friends, colleagues, and current and former members of the judiciary gathered recently at the downtown offices of Kiely Thompson Caisley to celebrate the retirement of Hugh Fulton. A former President of ADLS (1990-1991), Fulton – now 82 – was finally calling it a day after more than 30 years as a barrister sole and another 25 as a partner at Wilson Henry. During the 1980s and 1990s, he was one of New Zealand’s best-known employment lawyers. Peter Kiely, a partner at Kiely Thompson Caisley, who often acted as Fulton’s junior, describes him as “a real lawyers’ lawyer”, with a great interest in the law and someone who didn’t shy away from expressing a view on behalf of the profession. He was a modest man, Kiely says, an extremely thorough practitioner and a “real gentleman”. Fulton was President of ADLS at a time of great change in the profession. This was the era of the Renshaw Edwards defalcation, when NZLS was forced to levy members to cover the $29 million the pair stole from investors. There was also the fallout from the collapse of contributory mortgage companies such as RSL and Landbase – the precursors to finance companies like Bridgecorp, Hanover and Nathan Finance which hit the wall a decade later. And it was the time when law firms began to amalgamate, and lawyers began to specialise. “Firms with eight partners suddenly became firms with 20+ partners and, more importantly, we saw the arrival of national firms,” Kiely says. The 1980s were also a decade of huge commercial growth and innovation, culminating in the global sharemarket crash of October 1987. This proved difficult for many of the newly minted law firms which had committed themselves to flash new premises in downtown Auckland and Wellington. When Fulton joined the profession, there were only two types of lawyers, Kiely says – conveyancers and common lawyers. “But in the 1980s and, particularly in 1987, there were a lot of IPOs (Initial Public Offerings) and a lot of commercial law, and the law hadn’t kept up with the new corporate environment.” Fulton practised in Vulcan Lane and, later, in Southern Cross Chambers. Along with High Street and O’Connell Street, this was at the time the heart of legal Auckland. For three decades he, along with Graeme Colgan and the late John Haigh QC, were the leaders of the employment law bar. Fulton appeared in all the leading industrial law cases, Kiely says, especially those relating

Continued on page 09

Hugh Fulton and Matthew Casey QC

Andrew Gilchrist, Joanna Pidgeon, Hugh Fulton and Judge Kathryn Beck

He was someone who advanced the law as well as his clients’ cases

Apr 1 2022 Issue 9

Peter Kiely, Judge Joanna Holden, Hugh Fulton, Judge Kathryn Beck and Andrew Caisley

Hugh Fulton, Bill Hodge and Richard Wood

Continued from page 08 to strikes, pickets and collective bargaining. These were the days of waterfront reform and significant changes in employment law, including the introduction of the Employment Contracts Act in 1990. Former colleague and High Court judge Sir Anand Satyanand has known Fulton since the late 1960s and describes him as knowledgeable and reliable and known for his collegial approach to the law. Sir Anand, who served as New Zealand’s Governor-General between 2006 and 2011, acknowledges it has been decades since the pair were practitioners together but remembers Fulton as a lawyer who “leaves a significant record” and “a seasoned practitioner, law society president and contributor to many law reform activities. “He was someone who advanced the law as well as his clients’ cases,” Sir Anand says. “He’s the sort of lawyer who, even if he was opposed to you in court, would on the spot write you a quick note saying ‘I don’t think the judge has fully understood your second submission’ – that sort of guy. He wasn’t a win-at-all-costs sort of person. He had a lovely generosity of spirit as well as being a sturdy opponent.” One less-known fact about Fulton is that he has been the organist at his local Catholic church, St Joseph’s, for more than 50 years. So significant was his service that in 2012 he was awarded a papal medal – a Benemerenti – from Pope Benedict XVI in recognition of this services to the church.

Mark Perkins, Hugh Fulton and Laura Chapman

While he might have officially retired, Fulton still has three cases coming up for hearings though he won’t be taking on any new work. He says the law provides plenty of interest and challenge to those who practise it and that’s why he has tried to make a contribution. And he says he’s “a big fan” of ADLS. “It’s the society that looks after the interests of practitioners and their welfare.” – Jenni McManus ■

FEATURED CPD

Cradle to Grave™ Conference 2022 PROPERTY TRUSTS FAMILY

In Person (Auckland venue only) | Livestream 7 CPD hrs Thursday 5 May 8.45am – 5.05pm Presenters Anthony Grant; Nicola Peart; Vicki Ammundsen; Luke Dixon; Henry Brandts-Giesen; Jeremy Bell-Connell; Brian Carter; Greg Kelly; Chris Kelly; James Cochrane; Kesia Denhardt; Jeff Kenny; Katrina Wood and Denham Martin

Youth advocates conference 2022 YOUTH JUSTICE PRACTICAL

For lawyers working at the interface between trust, property and family law, our annual Cradle to Grave™ Conference is back. With a great range of pertinent and interesting topics presented by leading lawyers, it promises to be another outstanding event. Chair Bill Patterson, managing partner, Patterson Hopkins

IN PERSON

In Person | Livesteam 4 CPD hrs Friday 13 May 10am – 2.30pm Presenters Her Honour Judge Otene; Sergeant Darrell Cooper; Vanessa Curac; Gary Earley; Sally Kedge; Sarah Mandeno; Lila Tu’i and Maggie Winterstein

IN PERSON

LIVESTREAM

This year’s youth advocates half-day conference will provide practically focused sessions on a range of pertinent topics presented by youth justice professionals. It will focus on arrests, disclosure advice and plea issues, communication issues, 17-year-old alleged schedule 1A offenders, and crossover and “pushback”. Presenter & Chair Judge Tony FitzGerald

LIVESTREAM

Personal effectiveness online workshop 2022 PERFORMANCE SKILLS DEVELOPMENT

Online Workshop 4 CPD hrs Thursday 19 May 9am – 1.15pm Presenter Tony Gardner, managing director, Archetype Leadership + Teams

Reflecting on your goals for this year? Are you performing at your peak? Coming to grips with how to be effective working virtually? Due to popular demand, this workshop is being repeated in May. Facilitated by a leading high-performance consultant, it will provide a range of personal effectiveness insights and tools to help increase your productivity and returnon-effort at work. Limited spaces available.

FIND OUT MORE 10

Apr 1 2022 Issue 9

adls.org.nz/cpd

Class and funded litigation

Livestream 2 CPD hrs Tuesday 31 May 4pm – 6.15pm Presenters Paul Collins; Philip Skelton QC; Angela Parlane and Jonathan Woodhams

LITIGATION PROFESSIONAL OBLIGATIONS

cpd@adls.org.nz

09 303 5278

The rapid growth in class and funded litigation has exposed a range of professional responsibility issues and challenges not encountered in regular litigation. The Conduct and Client Care Rules do not always fit neatly with the sort of professional challenges lawyers face. This seminar is intended to help lawyers navigate this potentially perilous field, identifying and avoiding professional issues before they become a problem.

IN PERSON

LIVESTREAM

Written advocacy: what judges want SUBMISSIONS APPROACH PURPOSE

In Person | Livestream 1.5 CPD hrs Thursday 9 June 4pm – 5.30pm Presenters Raynor Asher QC, Richmond Chambers and Davey Salmon QC, Mills Lane Chambers

Focussing on trial and appellate submissions, the panellists will provide invaluable insights into how to approach drafting, the structure and language to be used and ways to ascertain whether you’ve achieved your purpose. Chair Paul David QC, Eldon Chambers

IN PERSON

The deportation process PRACTICAL GUIDANCE PROCESS

Livestream 2 CPD hrs Wednesday 15 June 4pm – 6.15pm Presenters Richard Small; Deborah Manning; Bernard Maritz and Terri Thompson

LIVESTREAM

A practical guide for lawyers. While most deportations have been on hold, they will be resuming as the border reopens. So it is time to refresh your knowledge in this area. In this seminar, you will receive practical guidance and valuable insights into the deportation process from the perspectives of counsel, INZ Compliance and MBIE Legal. Chair Stewart Dalley, partner, D&S Law

FIND OUT MORE 11

CPD IN BRIEF

Developments in consumer law

First, do no harm

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

In Person | Livestream 2 CPD hrs Thursday 18 August 4pm – 6.15pm Presenters Judge Sharon Otene; Alison Cleland and Anthony Dickson

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

Fundamentals of public family law and the wellbeing of tamariki. This is a little-known, let alone well understood, area of law. Providing an essential understanding of the context and nature of the legislation, this seminar will help lawyers better comprehend – and perform − their role in this crucial area. Chair Judge Emma Parsons

IN PERSON

Choosing a business structure

Becoming accounting-savvy

LIVESTREAM

Livestream 2 CPD hrs Tuesday 9 August 4pm – 6pm Presenters Greer Fredricson, special counsel, Chapman Tripp and Robert Grignon, senior legal advisor, Chapman Tripp Chair Andrew Lewis, principal, Andrew Lewis Law

This seminar will cover key legal and tax considerations. It will interest commercial lawyers at entry level and above, along with general practitioners. Accountants, tax consultants, business advisors and company directors may also benefit from attending. More details to follow soon.

On Demand 2 CPD hrs Presenters Shane Hussey, director and Principal, Hussey & Co. and Sian Heppleston, Analyst, Hussey & Co.

You give advice on the law, but the detail will often be in the financial statements. The objective of this On Demand seminar is to make reading financial statements as easy as reading a book. It will also help you to understand accounting principles and, more importantly, understanding the story the financial statements tell.

FIND OUT MORE

Cradle to Grave™ Conference 2022 Thursday 5 May In Person (Auckland venue) | Live Stream Visit adls.org.nz for more information. 12

LIVESTREAM

Apr 1 2022 Issue 9

Continued from page 07

Cruickshanks Solicitors Privy Council Agents

■ Catch up with our sustainability team about some new policies that are in

• • • •

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

their first draft stages and the best way forward for these.

Friday ■ Attend an employment mediation with our group manager of team

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

Paul Cogswell is pleased to announce that he has commenced practice at the bar at FortyEight Shortland barristers chambers. He provides advice on most aspects of civil and commercial litigation, with a focus on building and construction law, contract disputes and property and land law. Paul also provides experienced, pragmatic mediation advice as mediator to disputing parties. T: 021 941 571 E: paulcogswell@fortyeightshortland.co.nz

NOW PUBLISHED

New Zealand Employment Law Guide 2022 Author Simon Schofield This plain-language guide outlines and explains the laws governing employment relations – including the duties and obligations of employers and employees, negotiating employment agreements, collective bargaining, health and safety at work, hours of work, pay and conditions, holidays, termination of employment, disputes and grievances, discrimination, information privacy and much more. Decisions of the Employment Court, the Employment Relations Authority and other courts and tribunals are used to show how employment laws and agreements are interpreted and applied in real life. Price for ADLS members $82.80 plus GST* Price $92.00 plus GST* To purchase this book please visit https://adls.org.nz or contact the ADLS bookstore by phone: 09 306 5740 or email: thestore@adls.org.nz * + Postage and packaging

0800 546 528 LINKBUSINESS.CO.NZ

Having been told that a Law Firm would be very difficult to sell, I decided to use the services of JD, Nick and the team at LINK...

“

The results were excellent with a smooth and timely sale, while achieving the best possible price. They were extremely professional and it was a pleasure doing business with them. I would not hesitate to recommend them to a prospective Vendor.” 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 us today for a confidential discussion.

JD Hyslop 021 377 569

Nick Stevens 021 641 978

jd.hyslop@linkbusiness.co.nz

nick.stevens@linkbusiness.co.nz

All LINK Offices Are Licenced REA08

development and a member of our training team on Zoom. I miss the days of face-to-face mediations but Zoom provides many efficiencies. ■ Mediation takes up most of the morning, but we reach an outcome both parties are happy with, which is always satisfying. ■ Quick debrief with the team about how the mediation went and what we would like to improve on procedurally. ■ Another Zoom meeting to chat with our insurers and members of the air and ocean team about a new agreement and what sort of coverage we need. ■ I try to keep Friday afternoon clear so I can catch up on any work or emails that have slipped through the cracks throughout the week so that they do not hang over to next week – if possible! Georgina Sanders is in-house counsel at Mainfreight with 5.5 years’ PQE ■

WILL INQUIRIES

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) reception@adls.org.nz DX CP24001, Auckland 1140

ADLS, PO Box 58, Shortland Street, Fax: (09) 309 3726

(09) 303 5270

RCCC Reporting due 31 March 2022 are you ready? The new conduct and client care rules (RCCC) governing the behaviour of lawyers around bullying and harassment and health and safety management require compliance reporting by 31 March 2022. Compliance requires lawyers (including sole practitioners and barristers) to: 1. Implement policies and definitions to negate the occurrence of bullying, discrimination, harassment or violence. 2. Nominate a lawyer to certify (annually) you have: a. Complied with mandatory reporting obligations; b. Procedures addressing the above; and c. Complied with Health and Safety at Work Act 2015 obligations. Need Help with this? See our fixed prices: 1. Review your health and safety plan for compliance with RCCC – $1,500. 2. Health and Safety Management Plan and Risk Register template (NB: our risks aren’t just “paper cuts”) – $2,500.

AUSTIN Stephen James

BROTHERS John Peter

• Late of 37 Beach Road, Ruakaka • Single • Retired • Aged 68 / Died 27’02’22

• Late of 5 Arosa Place, Forrest Hill, Auckland • Divorced • Builder • Aged 72 / Died 06’03’22

BOYES Margaret Isabel Grace

WEI Chih-Hung

• Late of Kaeo/Mangonui • Retired • Aged 88 / Died 06’02’98

• Late of Auckland • Businessman • Aged 64 / Died 06’03’22

3. One-hour training on best practice – $1,000. 4. Mental Health and Wellbeing Toolkit – $1,500: a. Risk Assessment Template and Guidance for Psychosocial Hazards; b. Mental Health and Wellbeing Policy, covering stress management, fatigue and controls to mitigate these; and c. Anti-Bullying, Harassment and Discrimination Policy, with definitions in accordance with RCCC. For more information Email: admin@copelandashcroft.co.nz (All prices excl GST)

Merger, Acquisition, Partnership Opportunity Well-established medium-size Auckland law firm has experienced significant growth and is looking to expand further. This may be an opportunity for a sole practitioner or smaller firm in need of support or a succession plan.

This space could be yours LawNews reaches a discerning audience of nearly 6000 lawyers, judges, politicians and academics every 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

Alternatively, it may suit a lawyer or group of lawyers at partnership or senior level with an established client base looking to re-locate. The firm offers modern premises, latest technology and support systems, an excellent work/lifestyle balance and market remuneration. All enquiries will be treated in the strictest confidence. Please reply to advertiser@adls.org.nz quoting ref: MAP03

Apr 1 2022 Issue 9

Personal Effectiveness Workshop 2022 Thursday 19 May | 9.00am - 1.15pm Due to popular demand, this well-received workshop is being held again in May. Facilitated by a leading high-performance consultant, it will provide a range of personal effectiveness insights and tools to help increase your productivity and return-on-effort at work.

T 09 303 5278

E cpd@adls.org.nz

W adls.org.nz/cpd

Youth Advocates Conference 2022 Friday 13 May | 10.00am - 2.30pm Live Stream | In Person This year’s Youth Advocates Half-Day Conference will provide practically focused sessions on a range of pertinent topics presented by youth justice professionals.

T 09 303 5278

E cpd@adls.org.nz

W adls.org.nz/cpd