Law Talk 17 June 2016 890
Enhancing access to justice Wellington Community Justice Project Lexis of theSmartOffice Draft Pro ispart © 2016LexisNexis NZLimited. LexisNexis are Burstlogo registered andtheKnowledge underlicence. andused trademarks of RELXIntellectual SA, Properties Go to www.lexisnexis.co.nz/drafting for more information. Contact ourteam today on0800800986 . Lexis DOES ITALLFOR YOU ® Suite, givingyou backmore timeto dowhat matters to you. ® Draft Pro
AH032016MV 17 June 2016 · LawTalk 890
17 June 2016 LawTalk 890 Inside
6 Our Profession, Our People 16 Social investment could cut prison population Justice Minister Amy Adams outlines her plan. 19 Access to justice gets a $96m boost The 2016/17 Budget has pumped in $96 million over the next four years for legal aid and community law centres. 20 enhancing access to justice 16 LawTalk takes a look at the services provided by Minister of Justice Amy Adams on new funding in the Wellington Community Justice Project. the budget for social investment, 28 Clayton v Clayton The last chapter– what does it mean? 30 Practising Well Coaching teams so the whole is greater than the sum of the parts. 33 What is your wealth management process and how involved can you afford to be?
36 Law reform 20 NZLS supports Land Transfer Bill; Contract and Wellington Community Justice Project leaders (from left) Yousuf Ahmed, Fayez Shahbaz and Ruby King. commercial law revision bill introduced; NZLS supports new AIM method for provisional tax. 38 Top 9 habits of a rainmaker Some “secrets” to help you unlock your client relationship building potential. 40 new Zealand Law Foundation 41 Letters to the Editor 42 Book reviews 46 nZLS CLE – CPD calendar 38 The top 9 habits of a rainmaker 48 Lawyers Complaints Service 51 Classified advertising 3 LawTalk 890 · 17 June 2016
News Points
LawTalk is published by the New Zealand legal executives, Members of Parliament, AML law extension Law Society for the New Zealand legal pro- media, academics and others involved in Lawyers will be included in anti-money laundering fession. It is published fortnightly and has the legal services industry. Total circulation legislation by the middle of next year, the gov- been published since 1974. LawTalk is sent ranges between 12,500 and 13,000 copies. ernment says. Both Justice Minister Amy Adams to every lawyer in New Zealand who holds a An online version of LawTalk is available on and Prime Minister John Key have been reported current practising certificate. Lawyer num- the New Zealand Law Society’s website at as saying that extending coverage of the Anti- bers change over the year, but range from www.lawsociety.org.nz. This contains most Money Laundering and Countering Financing of 12,000 upwards. 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From the Law Society
Access to justice
Unless there is better access to justice “we will live in a society where the strong will by any means, including violence, always win out against the weak”. These well-reported words of the then Chief High Court Judge, Justice Helen Winkelmann – which she said in her 2014 New Zealand Law Foundation Ethel Benjamin Commemorative Address – remain at least as true today as when she delivered them. New Zealand society as a whole needs to urgently address the problem that we have in this country where significant barriers are in place that effectively deny many citizens from accessing justice. It is, therefore, very pleasing to note the initiatives taken by law students and young lawyers that aim to improve access to justice. Three of these are the Equal Justice Project in Auckland, the Wellington Community Justice Project, and Law for Change, which has groups in Auckland, Canterbury, Dunedin, Waikato and Wellington. This issue of LawTalk focuses on one of these initiatives, the Wellington Community Justice Project (CJP). I only recently became aware of this fantastic initiative. What a great idea. It is some- thing that its founders and the many students who have followed can be very proud of. In my role as a lawyer, where I regularly appear in court on criminal matters, I observe that providing just outcomes for people frequently involves not only access to the justice system itself, it also involves providing access in other areas of people’s lives. These may be accommodation, or benefit issues, or drug and alcohol problems – to name just three. CJP volunteers are regularly involved in helping people access the community support organisations that can help with the issues in their lives that need addressing. That is not all that the CJP volunteers do either. They assist in a Community Law Wellington initiative which gives parents advice and support when their child has been suspended from school. They are also involved in visiting schools to present to students about their legal rights on a range of life issues. They assist community organisations in preparing and presenting submissions to Parliament’s select committees. And they are involved in human rights issues. It is very pleasing to see law students and young lawyers involved in this way. As well as the help they are providing in improving access to justice, they are developing very useful practical skill sets that will enhance their performance when the time comes for them to practise law. I have to say that I would have welcomed the opportunity to be involved in an initiative such as this when I was studying law. This all augurs well for the future of the legal profession too. The fact that the students are already providing such invaluable service demonstrates that the profession will be in great hands when they take their turns as our future leaders.
Mark Wilton New Zealand Law Society Immediate Past Vice-President (Wellington)
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New Queen’s Counsel Our Twelve new Queen’s Counsel have been London College of Law. He appointed. was admitted in 1980 and Profession joined Watts & Patterson Professor John Prebble (later Rudd Watts) in 1981, holds the highest interna- becoming a partner in 1986. tional rank of professorship He joined the independent Our People and teaches post-graduate bar in 1997 and specialises courses internationally in civil, commercial and in London, Paris, Rome, Kenneth Johnston employment litigation, Queen’s Birthday Honours Vienna, Beijing and Sydney. estates and trusts, insurance, professional dis- The following members and former members He is the world’s third most ciplinary and corporate governance matters. He of the legal profession were awarded honours John Prebble published legal scholar is regularly appointed as an arbitrator/mediator. in the Queen’s Birthday Honours List. whose academic writing is regularly cited or The President of the Court of Appeal, Dame referred to by the courts. His main teaching and Aaron Perkins graduated Ellen France, of Wellington, has been made research interests are in income tax and he has with an LLB from Auckland a Dame Companion of the New Zealand Order given key expert evidence in New Zealand tax University in 1980. He of Merit for services to the judiciary. cases, including the Winebox, Ben Nevis and worked for two Auckland Former Court of Appeal, High Court and Conduit cases. A Law Professor at Victoria law firms before joining District Court Judge, and Judge of the Vanuatu University, Professor Prebble completed his law the independent bar in 1982. Court of Appeal, Justice Ronald Young, of degree at Auckland University in 1967, before In 1986 he joined Meredith Greytown, has been made a Knight Companion completing a BCL (Oxford) in 1970 and JSD from Connell, the Auckland Crown of the New Zealand Order of Merit for services Cornell in 1972. Professor Prebble was appointed Aaron Perkins Solicitor’s office, and was a to the judiciary. under the Royal Prerogative in recognition of his partner in that firm from 1993. Mr Perkins has Michael Friedlander, of Auckland, has been extraordinary contribution to the law. prosecuted a number of complex high profile made a Knight Companion of the New Zealand murder and manslaughter cases. He returned Order of Merit for services to philanthrophy. Mr Derek Nolan graduated to the independent bar in 2014. Mr Perkins spe- Friedlander is a consultant at Keegan Alexander, with an LLB (Hons) from cialises in criminal prosecution and related work. where he was a partner for 40 years. Auckland University and Danielle Harris, of Palmerston North, has an LLM from the London Kieran Raftery graduated been made an Officer of the New Zealand Order of School of Economics and from Manchester University Merit for services to Māori and health. Ms Harris Political Science. He was in 1969. He was admitted is CEO of Tanenuiarangi Manawatu Inc, the man- admitted in 1976. He joined in New Zealand in 1988 dated iwi authority for Rangitāne O Manawatu, Auckland firm Sellar, Bone and joined Auckland firm and has been the Principal Negotiator for the iwi’s Derek Nolan and Partners in 1975 and Meredith Connell, becom- Treaty claim since 2007, leading to the signing remained with that firm until 1981 when he ing a partner in that firm in of a Deed of Settlement in 2015. joined Russell McVeagh. Mr Nolan joined the 1992. Mr Raftery joined the Minter Ellison Rudd Watts chair Cathy Quinn, independent bar in 2014. He is a guest lecturer Kieran Raftery independent bar in 2015 and of Auckland, has been made an Officer of the and member of the Auckland University Law specialises in criminal work and work for Crown New Zealand Order of Merit for services to the Faculty. Mr Nolan specialises in environmental and public agencies. Mr Raftery is admitted in law and women. and resource management law and related fields. England and Wales, New South Wales, Pitcairn, Former in-house lawyer, now co-owner Samoa and Fiji and has been a faculty member and chief executive of Gibson Group, Victoria Kenneth Johnston graduated with a BA and LLB for the Pacific Island Litigation Skills programme Spackman, of Wellington, has been made an from Victoria University and an LLM from the since 2000. Officer of the New Zealand Order of Merit for services to theatre, film and television. Auckland barrister Sandra Alofivae has been made a Member of the New Zealand Order of Merit Former Chief Parliamentary Counsel, Phillipa Smith, of Wellington, has been for services to the Pacific community and youth. David Noble, of Wellington, has been made appointed to the Queen’s Service Order for Retired District Court Judge, now acting a Companion of the Queen’s Service Order for services to the state. Ms Smith served as the District Court Judge Sharon McAuslan, of services to the State. inaugural Assistant Auditor-General Legal, Chief Auckland, has been made a Companion of Christchurch sole practitioner Selma Scott Advisor Legal in the State Services Commission the Queen’s Service Order for services to the has been appointed to the Queen’s Service Order and as Deputy Controller and Auditor-General judiciary. for services to the Pacific community. from 2005 to 2015. ▪ 6 Our Profession, Our People 17 June 2016 · LawTalk 890
the then Ministry of Consumer Affairs before Marc Corlett graduated Richard Raymond is a grad- moving to the Ministry of Fisheries where she LLB (Hons) and Mjur (Distn) uate of Otago University was appointed Chief Legal Advisor in 1999. from Auckland University and was admitted in 1988. Ms Jagose joined Crown Law in 2002 and was and LLM from Cambridge He joined Wellington firm appointed Deputy Solicitor-General in 2012. She University. He was admitted Buddle Findlay before was appointed to the position of Acting Director in 1992 and joined Simpson spending some time in of the Government Communications Security Grierson Butler White. London firm McKenna & Bureau in 2015. In 1996 he joined Russell Co. In 1993 he returned to McVeagh where he contin- Marc Corlett Christchurch working at Richard Raymond David Bigio graduated ued to work in the area of commercial litigation. Raymond Donnelly and then Duncan Cotterill LLB and BCL (Second In 2002 Mr Corlett joined Meredith Connell as a where he was made partner in 1998. He joined the Class Honours) from prosecutor before returning to Russell McVeagh independent bar in 2011. Mr Raymond specialises McGill University in 1988. and commercial litigation in 2008. He joined the in insurance-based litigation and commercial He joined Auckland firm independent bar in 2010 where he specialises and civil dispute resolution. Minter Ellison (previously in commercial litigation, fraud and regulatory, known as Rudd Watts and and criminal law. Victoria Casey is a gradu- Stone) before moving to ate of Auckland University. Ellis Gould in 1992 becom- David Bigio Vanessa Bruton is a grad- She was admitted in 1988. ing a partner in 1994. In 2003 Mr Bigio joined uate of Auckland University Ms Casey initially joined the independent bar. He specialises in general (LLB and M Com Law Bell Gully Buddle Weir and civil and commercial litigation, including real (First Class Honours)) and worked in their Auckland estate and property, building and construction, was admitted in 1995. Ms and Wellington offices. unit titles, trusts and governance. Bruton initially worked for Ms Casey joined Meredith Auckland firm Hesketh Connell in 2002 before Victoria Casey Jane Anderson is a grad- Henry before joining going to the independent bar in 2003 where uate of Canterbury (LLB Brookfields in 1999, becom- Vanessa Bruton she remained until her appointment as a Crown Hons) and Oxford Univer- ing a partner in the commercial litigation team Counsel at Crown Law in 2008. In 2012 Ms Casey sities (BCL First Class Hon- in 2004. Ms Bruton was the founding partner returned to the independent bar specialising in ours). She was admitted in of the TGT Legal litigation team from 2011 until public law, commercial and commercial-regu- 1991 and joined Auckland 2014 when she joined the independent bar. Her latory litigation. firm Rudd Watts and Stone. areas of practice are trust, estate and relationship Ms Anderson joined the property disputes. Una Jagose was appointed independent bar in 1998 Jane Anderson Solicitor-General in Feb- and joined Shortland Chambers in 2002. She Appointments of Queen’s Counsel are made by ruary 2016. She graduated has previously lectured on intellectual property the Governor-General on the recommendation of LLB from Otago Univer- at Auckland University. Ms Anderson has a broad the Attorney-General and with the concurrence sity and LLM (First Class practice with a focus on commercial litigation, of the Chief Justice. ▪ Honours) from Victoria particularly trusts, intellectual property, com- University. Admitted in pany law and securities. 1990, Ms Jagose joined Una Jagose Law firm news
Intellectual property law firmJames & Wells has signed on as a strategic partner to the New Zealand China Innovation Centre. The Memorandum of Understanding was signed on 16 May in Auckland during the Tripartite Economic Summit featuring representatives from Guangzhou and Los Angeles. James & Wells will provide on-the-ground help to businesses at the New Zealand China Innovation Centre, a not-for-profit business support centre being sponsored by Chinese incuba- tor InnoHub. Johnathan Chen, Head of Division Asia for James & Wells, says the partnership is a natural fit and builds on the firm’s existing work helping New Zealanders prepare for doing business in China. ▪ ▲ Johnathan Chen of James & Wells (left) and Innohub’s Xiaohui Xu sign the Memorandum of Understanding between James & Wells and the New Zealand China Innovation Centre.
7 LawTalk 890 · 17 June 2016 Our Profession, Our People
She is on the NZLS panel of mediators, is an Auckland lawyer New Family AMINZ associate member and is approved by Kirsty Swadling the Law Society to provide FDR (Family Dispute has been elected Resolution). Ms Duggan provides FLAS (Family the new FLS Law Section Legal Advice Service) and is an active family deputy chair. legal aid provider. Ms Swadling is a Ms Duggan joined the Family Law Section barrister and medi- chair in 1999, has served on the section’s Executive ator with over 25 Nelson lawyer Michelle Duggan has been since 2013 and became deputy chair in 2015. years’ experience elected chair of the New Zealand Law Society’s As well as her service to the Family Law in litigation and Family Law Section. Section, Ms Duggan was the NZLS Nelson branch dispute resolution Ms Duggan started work as a lawyer at Gibson President from 2012 to 2014 and is currently over a wide range Sheat in Lower Hutt in 1991 and since 1997 has the Chair of the Nelson Standards Committee. of legal issues with been a sole practitioner specialising in family Ms Duggan loves living in Nelson though still particular emphasis on civil and family disputes. matters. From 1997 to 2005 Ms Duggan worked misses the vibrancy of Wellington. She is the She is accredited to the NZLS Family Specialist in Lower Hutt and Wellington and was a Child parent of three teenagers; the eldest has just Panel of Mediators and is an associate member Support Review Officer and a Litigation Instructor started university and the two 15 year olds are of AMINZ. She undertakes both FDR mediations at the Institute of Professional Legal Studies, job mad keen sportsmen and fit year 11 around and private mediations. Ms Swadling is experi- sharing with her husband. When her husband got their various sporting commitments. The most enced in working with clients in a collaborative a job in Nelson the family moved there in 2005. recent addition to the family, Harvey (an often dispute resolution model and is a member of The Since 2005 Ms Duggan has continued to run not so cute Black Labrador cross puppy), is Collaborative Law Association of New Zealand. a small private practice and to do Child Support the motivation for morning walks. Harvey is Manukau lawyer Tracey Norton has been Review work in Wellington and Nelson. In 2012 having difficulty accepting that he is a dog and elected treasurer and Lila-Marina Stanley has Ms Duggan became a deputy lawyer member of is expected to sleep in his own bed and sleep been appointed the new regional representative the Mental Health Review Authority. through the night. for the Hutt Valley. ▪
and had my room looking like a Parisian show room.” From law to The pair soon bonded, however, over a love of travel and “a desire to make a difference in the world” and over the next three years at Victoria University, they ‘Elephant Stripes’ were inseparable. Their positive roommate experiences and similar ambitions led them in time to the conclusion that they were a perfect match as business partners. They have now launched an online start-up, Elephant Stripes, selling a range of colourful travel gear. The prod- uct range includes suitcases, duffel bags, folding bags, packing cells, and cosmetic cases – all with the “Elephant Stripes twist” – combining fashion and function. Now they’re well on track with a Kickstarter cam- paign, where they are taking pre-orders of their travel packs to raise the money to manufacture them. The campaign raised over $20,000 in the first two weeks to 18 May, with backers from over 15 countries. Francesca says the pair are keen to be part of the new generation of entrepreneurs who do well while doing Francesca Logan (left) and Jordan Abrahams good, “part of the global movement towards better more ethical business practices”. When law and languages student Francesca Logan met science student In line with this they partnered with the Bali Children’s Jordan Abrahams as a dorm mate, she was unlikely to have predicted Project, a reputable, not-for-profit charity registered that a partnership was in store for the two. in the United States and Indonesia, offering a school Despite each of us applying for a single dorm, we discovered on bag to Indonesian children in need, for every bag sold arrival day that we had to share with a stranger, Francesca says. during the Kickstarter campaign. “To make matters worse, our personalities are vastly different. Jordan, Jordan graduated first with a Bachelor of Science the hippy at heart, already had Buddhist prayer flags and quotes strung in 2013 and Francesca in 2015 with a double degree in up around her room, while I had just returned from a year in France law and languages. ▪
8 Our Profession, Our People 17 June 2016 · LawTalk 890
From isolated island to New Zealand’s biggest city By Nick Butcher
From little things big things grow and ❝ From a when a person grows up on isolated young age, my Motiti Island in the Bay of Plenty – where there was no power or sealed roads and father always just a handful of people living – only to end up an associate at an Auckland law encouraged firm, that old saying appears true to life. me to become Ihipera Peters’ road to the law is a story entwined in both the Māori and either a doctor Samoan cultures. Her father is Samoan and a panel or a lawyer beater and her mother is Māori and a school teacher. Ihipera Peters She was admitted in 2010 and was recently promoted to associate at you have now. “It’s a large focus of my work but also Wackrow Williams and Davies Limited. “It’s always refreshing when I go working with Māori in other areas of law “From a young age, my father always back to the island. I don’t go there too. I wanted to help Māori and Pacific encouraged me to become either a often enough because my work keeps island people achieve justice,” she says. doctor or a lawyer. As I grew up and me pretty busy but everyone knows Mrs Peters possesses an invaluable got some world experience, I realised a everyone on Motiti and when I do it is communication tool in that she speaks career that could involve blood and guts to re-energise with whanau and friends,” both Māori and Samoan fluently, as they wasn’t my thing, and so I fell into the she says. were her first languages when growing up. path of doing a law degree,” she says. When the container ship the Rena “My mother only ever spoke Māori crashed onto Astrolabe reef five years to me, and my father, Samoan.” Their Growing up on Motiti ago causing one of the country’s worst theory was that the rest of the world Island maritime disasters, Mrs Peters was trav- could teach her English, and that proved Born in Wellington, Ihipera Ulu (as her elling to Motiti Island each weekend, true as the first word she uttered was name was before she married) moved to not to assist as a lawyer but to help dog – an English word. Tauranga, but spent most of her week- with the clean-up. “My parents were pretty amused by ends and school holidays on the largely “Kaimoana is our food basket, our that,” she says. uninhabited Motiti Island when she was lifeline and when that happened, my But fast forward more than 20 years seven. The relocation was about follow- husband and I were there consecutive and it’s the indigenous languages that ing her mother’s school teaching career. weekends and there’s still ongoing prob- play an important role in her practice. But life in Auckland is a far cry from lems there. Some whanau won’t collect “With Māori clients especially, if I life at Motiti Island where the supermar- kaimoana from the northern end which get a sense that they can speak te reo, ket was the fresh kaimoana (or seafood) is closest to the reef because some kina I’ll speak Māori to them and straight hooked from the waters surrounding is still black inside. They refuse to eat away a shield comes down and they feel the 10 square kilometre land. it,” she says. more comfortable because I’ve made the “It was pretty basic on Motiti Island Being a sleeves-rolled-up person is a effort. They often assume I am younger with no power or town supply water. work philosophy Mrs Peters has carried than I am, so speaking Māori tends to Everyone had their own little home- into her law practice. come as a surprise to them. stead and we would travel back and “I like to be hands on and on the “They’ll open up a bit more and per- forth to what we called the mainland ground,” she says. haps talk about things more openly than – Tauranga. Being grounded in those Heritage and culture play a big role in if I spoke English. There are a lot of sim- routes and growing up in that island her day-to-day work, which involves the ilarities in both cultures I come from,” environment makes you appreciate what Māori Land Court and Treaty of Waitangi. she says. Continued on next page...
9 LawTalk 890 · 17 June 2016 Our Profession, Our People
An obligation to represent Māori and Samoan people? “Yes and I think it also drives my motiva- tion to be able to help my people – both New director of Māori and Pacific Island. To be able to give back to them by using my skills to benefit them. Legal Issues Centre “There is no pressure put on me that I must do this. I actually want to do it. The new director of New Zealand’s only civil Legal There are a lot of similarities and differ- Issues Centre believes the key to improving the civil ences to both cultures,” she says. justice system for thousands of New Zealanders will Helping and mentoring her people involve looking outside the legal system. was going on for some time before Mrs Dr Bridgette Toy-Cronin – who has a background Peters began practising law. in both legal academia and the legal profession – She worked as the Pouāwhina Māori in wants to draw on expertise in the social sciences, the Law Faculty at Auckland University, including psychology, sociology, public health, and managing the Māori academic pro- economics. gramme, straight after completing her She would like to see the centre become truly law degree. interdisciplinary because improving a legal system “That role could be a bit of a counsel- requires looking at justice and systemic change. ling job – encouraging students when The centre, based in Otago University’s Law Dr Toy-Cornin times were tough – not that dissimilar Faculty, performs independent research on how to make the legal system more to practising law from time to time,” accessible, affordable and efficient; while also researching how courts can get to she says. the truth and arrive at fair and just outcomes. Dr Toy-Cronin says legal analysis alone cannot provide all the answers. Life outside law Collaboration should produce a “richness in theory and method that will push With a demanding legal job and having understanding forward and help us find creative solutions.” just been made an associate, life away Access to justice has become an important issue for the judiciary and legal com- from work is precious and Mrs Peters munity in recent years as the squeeze has really come on many New Zealanders’ says she tries to spend as much time ability to use the system effectively. with her family as possible. Dr Toy-Cronin says that has sparked an openness to change, and the centre “Outdoors mostly but it can be lim- will have a vital role in making sure any changes are based on sound evidence. ited to be honest. My husband (who The centre – which focuses on civil rather than criminal cases – already has a works in the construction industry) and major project underway, examining delays in the High Court and the explanations I have a three-year-old daughter and we for those delays. also are the caregivers for his youngest Dr Toy-Cronin is not only managing a team of researchers, but conducting sister who is 14. We’ve looked after her research herself as well. for about three years. She is basically a “Civil justice reform is absolutely my passion, it is hard to imagine a position whāngai daughter and sister-in-law at that could be better suited to my interests and experience.” the same time,” she says. She graduated LLM from Harvard Law School in 2005, where she was a Frank Mrs Peters is also involved in property Knox Fellow. Her PhD was awarded last year. conveyancing, trusts, wills and estates University Dean of Law Professor Mark Henaghan says that when Dr Toy-Cronin and relationship property work. ▪ completed her PhD on an area of law never researched before, she developed the skills of a social scientist to find out how the civil legal system was actually working for litigants who acted on their own behalf in court. “The thesis was graded as exceptional and Hayden Wilson received high praise from both internal and BA, LLM | Partner | Mediator external international examiners.” In addition to his advocacy practice, The Legal Issues Centre was established in Hayden Wilson is also available as a mediator. 2007 with a donation from Marilyn and Grant Nelson (The Gama Foundation) and the University +64 4 915 0782 | +64 21 342 947 [email protected] of Otago Foundation Trust. Mr and Mrs Nelson were involved in a lengthy and expensive civil court case they ultimately won in the Court of Appeal, but also saw first-hand the negative effects of protracted litigation. ▪ 10 Our Profession, Our People 17 June 2016 · LawTalk 890
AUT’s first cohort of law students First law student cohort were welcomed to its South Campus in Manukau at a special breakfast on 13 May. at AUT South Campus The breakfast brought together more than 25 first-year LLB students, AUT Law School staff and members of the judiciary and legal profession. AUT Dean of Law Professor Charles Rickett says the introduction of the LLB pathway at the South Campus at the start of this year has attracted strong interest. Russell McVeagh litigation partner Andrew Butler, and AUT law alumnus and Junior Crown Prosecutor in Manukau, Charlie Piho were guest speakers at the event. Mr Butler commended AUT for introducing the law degree to its South Campus. “Increasing accessibility for people in the region is a great move,” he said. He encouraged students to develop their own way of thinking about the world. “Ask yourself what you want to learn and what gets you out of bed in the morning. “If you really get into it, the law will shape how you think about the world. Litigation forces you to think about and confront issues and helps you understand them,” Mr Butler said. Mr Piho, a solicitor at Kayes Fletcher Walker Ltd, the office of the Manukau region’s first Crown solicitor, Natalie Walker, says having a place to study law in South Auckland is a huge win for the region. Mr Piho – a member of the first cohort of AUT Law students who graduated in 2013 – advised the students to “just go for it and give it your all. Don’t just be part of this special law school, strive to be the part that makes it so special.” New Zealand College of Law CEO Marcus Martin announced an annual law prize to the best perform- ing first year LLB student at the AUT South Campus. ▪ The first cohort of LLB students at AUT’s South Campus in Manukau.
Education Councils’ legal Findlay where he was a senior associate. Before On the move team. Julia, who special- that he spent two years working in London as Rebecca Merry has ises in advocacy, started part of the banking team become a director at WRMK her legal career working for at Freshfields Bruckhaus Lawyers. Rebecca has been a criminal barrister before Deringer. with the firm since 2003 and moving to a general practice is the leader of the rural and more recently working Anna Pollett has been team. at a specialist family law made a partner of Hollister- firm undertaking criminal Julia Robertson Jones Lellman. Anna Simon Pigou has been pro- litigation. joined HJL 18 months ago Rebecca Merry moted to associate at Gault after having been a Crown Anna Pollett Mitchell LAW in Wellington. Simon Munday has joined Solicitor in Auckland and Simon joined the firm in Duncan Cotterill’s commer- specialises in prosecuting July 2015 and his areas cial team as an associate. serious crime on behalf of of practice are residential Simon will specialise in the Crown. Richard Jenson conveyancing, commercial the areas of property and has also been appointed an law and trusts. real estate finance. Simon associate. Richard manages joins Duncan Cotterill after the firm’s criminal proceeds Wellington lawyer Julia more than seven years in Simon Munday work as well as prosecuting Robertson has joined the Simon Pigou the commercial property department at Buddle jury trials. Richard Jenson 11 LawTalk 890 · 17 June 2016 Our Profession, Our People
Space lawyer a NZ woman to watch
Christchurch space law specialist Dr Maria Pozza is “the New Zealand Woman in Law to Watch”, according to AI magazine. AI (for Acquisition International) is a United Kingdom- based magazine with a focus on corporate finance. It is published by AI Global. A consultant lawyer with Helmore Ayers, Dr Pozza “is often referred to by media outlets as one of Australasia’s foremost experts in space law,” AI said. “She is at pres- ent the only lawyer in New Zealand offering dedicated legal services in space law.” Yet space law is just one of her practice areas. “My practice is very wide and varied. For example, I do a lot of construction law, commercial law, corporate law and a variety of other law which includes wills, trusts and public law,” Dr Pozza told LawTalk. “I’ve also got a growing practice in UAVs [unmanned aerial vehicles]. There is more and more use of them in New Zealand. “I’m really enjoying the wide variety of work I’m exposed to as a consultant lawyer. No two days are the same. When I have a little break between files I might start drafting something on space, write book reviews important role in society. or review parliamentary bills open for public opinion. “I undertook Voluntary Service in Kenya with an Sounds boring, but I love it.” Italian Catholic Mission before starting university. This experience cemented the notion into me that law and What attracted her to law order always has a place in society. I learnt a lot from What attracted her to the law, she says was that “I this experience and, ever since, I have been extremely think I’ve always had a sense of speaking for those grateful for everything I have, the opportunities made who can’t speak for themselves. In saying that, though, available to me, the comfortable life we have here in I don’t think that criminal law or family law was my the first world. I always say ‘yes’ to projects which have calling. I undertook work of this nature in the UK after community benefit. being called to the bar by the Honourable Society of “If you’re asking me what attracted me to doing a Lincolns Inn in 2005. law degree or what attracted me to the role of a lawyer, “I enjoy legal work in the commercial, corporate, that’s two different things. construction and public law sphere as day-to-day work. “For me, doing a law degree is just one of those things There is a natural correlation between these areas of that is very useful for everything. At the time of looking law and the work I undertake in international law sur- into courses for my degree, it seemed to me that law rounding the fields of space, UAV, aviation and cyber law. offered training in a variety of skills which may be useful “We as lawyers must never forget the very privileged in any profession. I undertook some serious research position we hold. People who do not know us personally when applying for university law courses.” come through our doors and confide in us with implicit So she studied law at Birmingham City University, trust. We are able to help people in this way, and it is graduating with LLB (Hons) in 2004. something we should always remember when acting “I chose this university because it offered a criminal as a lawyer for a client. clinic, community law clinic, a variety of other internship “With that in mind, we as lawyers, have a very programmes (which I see, finally, many New Zealand
12 Our Profession, Our People 17 June 2016 · LawTalk 890
universities have just started to offer) and other pro- specialty that has rocketed Dr Pozza into prominence grammes which moved away from traditional black both in New Zealand and overseas. It has seen her sought letter law to more hands-on law and real life experience. after by a number of institutions and as a guest speaker. Dr Pozza is, for example, the official space law adviser Best decision to the Royal Astronomical Society of New Zealand, and “This was the best decision I have ever made. I learnt she is a member of the International Institute of Space so much undertaking my degree of life as a lawyer. I Law. was so involved with my studies that my peers elected Her interest in this specialty began while she was me to hold positions as the law school representative working towards her Masters. for the first year LLB law course – President of the legal “While I was doing the masters, I was looking at society within the law school – as well as a variety of topics for my dissertation. During the Masters I was other elected positions. exposed to some very interesting topics which included “I made some great friends on that course. While arms control and it was an area I knew nothing about. undertaking my degree, I was extremely lucky to be “As I started looking at this topic, I realised there awarded an internship in Huntsville, Texas, to work wasn’t very much arms control law, and thought this with an attorney on death row cases. This experience would be a good topic to write about in order to better really did open my eyes to concepts of social justice inform myself. During the course we looked at inter- and the role of a lawyer. national law, but didn’t really consider space law. We “After my LLB (Hons), I undertook ❝ This was had been reading and talking about Antarctica, the the Bar Vocational Course at the Inns oceans, air law and I couldn’t understand why we hadn’t of Court School of Law in order to train the best considered outer space. and become a barrister in the UK. It’s “I linked the two and began to undertake serious a one-year course – focusing on advo- decision I research on the topic of outer space, arms control, war- cacy drafting and analytical skills. It’s a have ever fare and the like. I did extraordinarily well in my disser- very heavily skills and practical based tation and thereafter the topic progressed into a PhD. course. I also undertook a Postgraduate made. I learnt “My PhD considered the dilemmas of outer space Diploma is legal skills and research, and so much and offered a new definition when dealing with arms learnt Arabic.” control in outer space.” She worked in London as a paralegal undertaking Over the years, Dr Pozza has received a series of awards and began training to become a barrister. and scholarships. The latest was the 2016 Inter-Pacific “In London I was working in areas my degree Bar Association (IPBA) Young Lawyers Scholarship. She of criminal law, white collar crime and of life as was one of five international young lawyers to receive military law. I didn’t finish my train- this 2016 IPBA award. ing, though, because New Zealand was a lawyer She has also received the Peace and Disarmament calling me. Education Trust of New Zealand Award, the Claude “I decided that the bar in London wasn’t quite for McCarthy Fellowship, an Otago Postgraduate me. I really enjoyed doing law, but I’d been studying, Scholarship, the Ministry of Foreign Affairs and Trade studying, studying and I just decided I needed to go Historical Research Grant, the Kennedy Grant (from travelling and that’s how I ended up in New Zealand. Otago University), the New Zealand Political Studies “I liked it so much that I stayed. I undertook the Association Projects Grant (among other awards) and New Zealand Law and Practice Exams through the New a number of travel awards. Zealand Council of Legal Education. These were not easy, but I passed all the exams within a year. Research fellow “However, before admission, I decided that I wasn’t In 2013 she was awarded a Lauterpacht visiting quite ready to go back into the profession. I had lots of Fellowship from the Lauterpacht Centre for International ideas and undertook a Masters in International Studies Law at Cambridge University and was also a visiting at Otago University. It’s a masters in international law, research fellow at the London Institute of Space Law international economics, global politics and interna- and Policy in 2014. tional history. As well as working within the law in London and New Zealand, Dr Pozza has also worked in other areas. Interest in space law She was an order taker on the London Stock Exchange. “Then I was really lucky because I was the recipient While given the opportunity to progress to stock broker, of a series of scholarships and I went on to do a PhD Dr Pozza says law was calling. in law and politics at Otago University.” In New Zealand she has worked in an art gallery, The PhD focused on the international law of space, a as a tutor, as an examiner and as a supervisor for
13 LawTalk 890 · 17 June 2016 Our Profession, Our People
Otago Law Review celebrates 50th
examinations for the Department of anniversary Disability at Otago University. “While I was at Otago University I worked as a mentor for the Pacific Island Centre, for their law students. “I was really lucky that the Pacific Island Centre at Otago University took me in. They really were like home from home. “I just got on well with the Pacific Island students because of my Italian heritage. We seemed to share a lot of the same family values. “Similarly, some of my best working experiences were with the Department of Disabilities. The team there was abso- lutely fantastic to work with. I learnt a lot of skills in organisation, communi- cation and teaching with these depart- ments. I am forever grateful to them for the many opportunities they gave me. “At present I am also working with Current Otago Law Review Editor Associate Professor Margaret Briggs with contributors to the first issue Fred McElrea and inaugural general editor Professor Don McRae. Victoria University on their feminist judgments projects.” The Otago Law Review (OLR) recently celebrated an article on law and philosophy for the first Dr Pozza has been both an external its 50th anniversary. issue. Many of his subsequent experiences in and sitting moot court judge for four In his address, Otago Law Dean Professor practice confirmed the article’s basic premise; years (and coming up to her fifth) on the Mark Henaghan noted that the annual publi- that studying philosophy complements law Manfred Lachs Space Law Moot compe- cation’s informative and well-written content because it explores concepts of logic and ethics. titions with the International Institute had guaranteed enduring appeal. Current OLR editor Associate Professor of Space Law, and was also a moot court Inaugural OLR General Editor Professor Margaret Briggs said the efforts of previous judge while reading for her PhD. Don McRae said that, at the outset, detractors contributors, OLR administrators and more She is a member of the New Zealand expressed doubts about a New Zealand law than 20 editors had laid the foundation for the Law Society Canterbury-Westland school’s ability to produce a quality publica- publication’s quality and longevity. branch Committee on Trusts, the tion, but a “we’ll show them” attitude prevailed. Content from domestic and international “town Canterbury Women’s Legal Association, Professor McRae paid tribute to Law School and gown” contributors on a broad range of Canterbury Young Professionals, is a Dean Frank Guest and other 1960s faculty topics meant the OLR consistently added to legal advisor for the Citizens Advice members, who created “a positive intellectual the critical appraisal of legal practice in New Bureau, has just joined Rotary, and has environment” from which the student-initiated Zealand, and beyond, she said. been nominated as a Council member OLR emerged. A number of distinguished guests, includ- of the Canterbury-Westland Law Society The publication succeeded because it was a col- ing retired Court of Appeal Judge Sir Bruce branch. laborative effort between faculty members, profes- Robertson and many former Faculty members Dr Pozza has a keen interest in social sionals and undergraduate and graduate students and contributors to early OLR issues, such justice, liberal critiques of feminism, which enlivened debate about contemporary issues as Emeritus Professor John Smillie and Ian New Zealand art, and global techno- including strata titles, regulation, prohibition and Williams, also attended the event, as did Dunedin logical development of space and UAV sub-delegation, indecency and censorship. QCs Judith Ablett-Kerr, Royden Somerville and assets. She also enjoys hiking, swim- Retired District Court Judge Fred McElrea, who Trevor Shiels. They had contributed OLR articles ming, travelling, watching sports and is well-known in New Zealand and internationally based on their FW Guest Memorial Lectures in touring on her motorbike. ▪ for his work on restorative justice, contributed 1997, 2001 and 2004. ▪
14 Our Profession, Our People 17 June 2016 · LawTalk 890
A gateway into legal study
The Russell McVeagh New Zealand Schools’ Debating Team which will travel to Stuttgart in July, with Hutt Valley-based MP Chris Bishop and Russell McVeagh partner Tim Clarke (from left) Mr Bishop, Matthew Moore (Christchurch), Josh Baxter (Russell McVeagh solicitor, coach of the team and President of the NZ Schools’ Debating Council), Sam Penno (Wellington), Mr Clarke, Piper Whitehead (Auckland), Amy Spittal (Waikato) and Peter McKenzie (Wellington).
Wellington has defeated Auckland to win “For many school students, debat- school or university,” Mr Baxter says. the 2016 Russell McVeagh New Zealand ing is a gateway into legal study. Aside The final was the culmination of a Schools’ Debating Champs, in the Grand from encouraging civic engagement and weekend of debating between 36 sec- Final held at Parliament on 30 May. public discussion, debating promotes ondary school students at Victoria The Wellington Gold team of Ben many of the skills used by lawyers daily, University. Stockton (Wellington College), Sam rewarding well-developed, logical argu- Teams from Wellington, Auckland, Penno (Hutt International Boys’ School) mentation, where it is presented in a Canterbury, Otago-Southland, Hawke’s and Ursula Crawford (Wellington East clear and persuasive manner. Bay, Northland, Central North Island, Girls’) successfully affirmed the motion “It is no coincidence that many legal Waikato and Kahurangi-Marlborough “that state housing should be built in practitioners have participated in debat- took part in seven preliminary rounds high socio-economic areas”, winning in ing at some point during their time at of debates. ▪ a 3-2 decision. Wellington have won the tournament for four years in a row. “It was a great debate on a really topi- cal issue”, says Josh Baxter, the President · Save time and money of the New Zealand Schools’ Debating Legal Accounting Bureau Kathy Kell provides comprehensive, · Always know your trust account [email protected] Council. is balanced and your month end accurate, efficient and timely certificates are filed on time Ph 09 444 1044 “Wellington narrowly won the debate management of solicitors’ · Our service is completely secure Fax 09 929 3203 by arguing that we needed greater social trust accounts. and confidential www.accountingbureau.co.nz · Trusted professionals with over integration and cohesion between our Outsourcing the management 20 years’ experience of your firm’s trust account communities, and the topic was a way · 62 law firms currently use our Powered by juniorPartner. has many advantages. services Practice Management software you can trust. of achieving that.
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17 June 2016 · LawTalk 890
Social investment could cut prison population
By Nick Butcher
s a 14-year-old boy who is committing burglaries and the victims being created is getting them educated, more likely to have a long history of violent crime getting them into jobs and making sure we are dealing compared to a teenager of the same age who is reg- with alcohol and drug issues, mental health issues, and ularly a truant and drug user? making sure we are dealing with the trauma and abuse The Justice Minister, Amy Adams, says being able in homes that some children are going through growing Ito definitively answer questions like that through investing up, [and making sure that] is being picked up early,” Ms in predictive analytics could not only produce fewer adult Adams says. criminals but also fewer victims of crime. There are four streams of work being focused on: It is not a silver bullet answer to ongoing social issues ▪▪ measuring the burden of crime; and neither is it an overnight cure but the minister’s plan ▪▪ building statistical models on who is at risk of future could be a trigger for understanding what creates many offending and victimisation; criminals who are currently incarcerated. ▪▪ understanding what works to reduce crime; and ▪▪ connecting these insights with policy decision-makers So what is social investment? across the system. It’s about looking outside the justice system and connect- “We need a way of understanding the cost and burden of ing the common dots. crime in its various forms, so we need to know that if a The ability to be able to change the sexual assault has been committed – what behaviour of some people later in life is is the cost to society, and I’m not talking far less than if intervention occurs at an just about the fiscal cost of taking a person early vulnerable stage, Ms Adams says. to court and sending them to prison. I’m “I’ve said for a long time that the biggest talking about the psychological ramifica- drivers as to the number of people that ❝ It’s about tions on the victims, the loss of productive will come into the criminal justice system looking earnings and the flow-on effects to their are what’s happening in education, what’s family. happening with Child Youth and Family outside “We have to have a way of measuring the and what’s happening in health. total cost in the broader sense on society. “Ministers sit around talking about the the justice It might be that if we can reduce sexual budget and social ministers talk about all system and violence by 10%, we have a much greater the various ways we could spend social win to society than if we reduce assaults sector money. connecting by 10%,” she says. “As the Justice Minister I find myself arguing generally for more spending [on] the common A richer story education, mental health, and the review of dots Ms Adams says it is time to move away from child youth and family. [That is] because I a volume measure of crime to one that’s know that the biggest single thing that we more comprehensive and tells a richer story. can do to stop people ending up in the jus- Crime is at its lowest level in more than tice system and stop the crimes happening 35 years and fewer young people are facing 17 LawTalk 890 · 17 June 2016
court, with youth crime down by nearly 40%. But the prison population number is appalling by international standards. In 2014/15, 194 people out of every 100,000 people were put behind bars, placing New Zealand 7th highest in the OECD just behind Mexico. “We have an exploding prison population which is somewhat counter-intuitive given we have a falling crime rate. “On the one hand that is a real problem for us as taxpayers as it is a massive fiscal cost but I don’t in any way apologise for the fact the people who are in prison need to be in prison and if they’re bad and the public is at risk by them, they should be locked up. That is a non-negotiable for me, so we don’t in my view address the prison population numbers by locking people up for shorter times or not locking as many people up. We address that issue with the rising prison population by saying we need “They might invest $100 million in mental health and to do more to stop people getting into the there’ll be savings generated in terms of lower health costs, situation where this occurs,” she says. but I would hypothesise that the savings in the justice system will be even greater, similarly the education system How to reduce the cycle of when a truancy officer is working with a young child. serious crime “The impacts of truancy on their education is one thing Referring to the horrific child abuse death but actually we know that as a characteristic of future of baby Moko Rangitoheriri last year by offending, truancy is an early warning indicator and we his carers, the minister says: “we need to have to understand how important it is that kids are con- get further up the tree to stop people from ❝ The best tinuing to engage in school for justice reasons. getting to the point where this is the way thing I can do “It’s getting all of those things linked up so that when they act”. Cabinet is sitting around and making decisions about the “They didn’t come out of the womb like for victims value of an investment or the merit of an investment, we that,” she says. is not just are not just looking at it through the side-eyed lens of an She says Deputy Prime Minister, Bill education spend and education outcomes, health spend English talks about the so-called million supporting and health outcomes. We’re saying this spend in educa- dollar kids. tion, yes it will have some educational benefits but the “We can look at a group of 5-7 year olds them when benefits on the social welfare system, the justice system, who are on track to cost the taxpayer half they’ve the health system are tenfold and we need to look at it a million to a million dollars each in gov- in that totality. ernment services by the time they’re 30. become a Ms Adams says a recent announcement of a $2 mil- Wouldn’t it be far better to invest in trying lion investment in data analytics capability will stretch a to make sure they lead healthy productive victim but long way to building clever analytical models, predictive lives?” ensuring they modelling and risk-based modelling, to get the kind of Before a relatively recent entry into insights that will then drive better policy making to further Government life, Ms Adams worked mostly don’t become reduce the creation of criminals and therefore victims of in the private sector as a practising lawyer their offending. and says the silo nature of the approach to one in the “That prison population of over 9,000 may drop off then. policy was something she found not ideal. first place We have to address it by creating fewer criminals. “Health think about their issues as health, “It’s not about just locking people up who are danger- Education as education, Justice as justice, ous to society, it’s about ensuring they’re not dangerous, yet they’re all interconnected. fewer victims, so the best thing I can do for victims is not “When Health are thinking about where just supporting them when they’ve become a victim but they spend their money. I want them ensuring they don’t become one in the first place. thinking about not what will just reduce “This is long term. You’re not going to be back here the health budget but also the impact the next year saying has it worked, as it’s a long-term piece spending they make has on the criminal of thinking and investment because you’re talking about justice system,” she says. intergenerational cycles,” she says. 18 17 June 2016 · LawTalk 890
Access to justice gets a $96m boost
The 2016/17 Budget has offered some much needed replen- ❝ What ishment and relief to legal aid services with $96 million Is it difficult getting more being pumped in over the next four years for legal aid and you’re senior lawyers? community law centres. Some key parts of the package “Talking anecdotally to public defenders include: seeing is a offices, it’s always hard. Anyone in the pro- ▪▪ $17.2 million to increase eligibility for civil and family commitment fession will know that recruiting first and legal aid; second year lawyers is not so bad but when ▪▪ $4.3 million for community law centres; and from us you’re starting to look for third, fourth and ▪▪ $54.5 million, and $20 million in 2015/16, for the provi- fifth year lawyers it’s a competitive market sion of legal aid. across the and we have to make sure that we offer a “What you’re seeing is a commitment from us across the board to work environment that is not so pressured board to enhance access to justice for those where cost is that it’s not an attractive place to work,” a real barrier,” Justice Minister Amy Adams says. enhance she says. “Right across the board, whether it’s victims, Family access to Ms Adams says people who work in the Court work or offenders, making sure the court process is PDS are generally there because they’re run smoothly and efficiently with access to legal counsel justice for passionate about the work they’re doing, means everyone benefits.” and they like training young lawyers. Ms Adams says civil and family legal aid helps people those where Does more legal aid mean apply for protection orders, agree on parenting arrange- cost is a ments, settle employment disputes, and access many other a less clogged up court types of court proceedings. real barrier system? “Increasing eligibility will help 2,700 additional New Ms Adams views the situation as a Zealanders each year by 2018/19.” three-legged stool. The total boost to justice is valued at $208 million and “When you look at the delays in the just over $13 million of that money will be invested in courts, there are three parties that need the Public Defence Service (PDS) to ensure people facing to take responsibility for that – the govern- criminal charges receive high-quality legal representation. ment in policy and funding, the judiciary and how they’re case managed and the Will more PDS centres be opened? profession. But Ms Adams says no decision has been made yet on “I’ve been a practitioner myself. We know whether more PDS centres will be opened. the games that are played, the delay tactics, “When we set up the offices we have, we set a view the burning off. We know the churn that that they would take up to 50% of the work in the centres goes through, and judges will talk to me where they’re situated. At the moment, their resourcing often about working well to reduce delay doesn’t allow them to take anywhere near the threshold but this investment in access to justice is we’ve set so it’s not changing the parameters of the share really about saying that we need people of work they could take but its making sure that those to be able to get access to legal assistance offices are first of all well-resourced to deal with the work when they need it,” she says. that’s coming through,” she says. Ms Adams says the cash injection is about the current Community Law services being able to sustain their share of work but also The increased funding for community law be able to attract and retain good staff. centres recognises that Community Law’s “I think the Public Defence Service has been an incredi- traditional funding mechanism does not bly successful initiative. I’m a huge supporter of it. I think by itself deliver the amount needed to it’s a fantastic training ground for young lawyers. I wish support the valuable work it does in com- that when I’d been a young lawyer there had been these munities across New Zealand, Community opportunities to do criminal defence work as a career and Law Centres o Aotearoa Chief Executive receive training from senior lawyers.” Elizabeth Tennet says. But she says for that to work the sector needs to be able This top up is “savvy investing by the to attract and retain more senior lawyers and the extra Government and means Community Law can funding is a reflection of the value of the service. plan ahead with certainty,” Ms Tennant says. ▪ 19 LawTalk 890 · 17 June 2016
Enhancing access to justice By Frank Neill
20 17 June 2016 · LawTalk 890
mproving access to justice and legal services is a major aim of the Wellington Community Justice Project (WCJP). One way it is doing this is to assist people appearing in the District Court to access community services they need to turn their lives around. IThe WCJP volunteers attend the District Court list courts on Mondays and Fridays and are available to help people with problems that may have led to their offending – problems that they need addressed. The service they are providing is “awesome”, says Public Defence Service lawyer Leah Davison, who is duty lawyer supervisor for the Wellington and Hutt Valley District Court. WCJP volunteers are helping defendants in need of practical assistance relating to their welfare. “They are a bunch of extremely bright, switched on young law students who have a bundle of energy. “Their skill set is very high. If you add to that the courage to get out there among people and talk to them and treat them like you’d treat anyone else, you’ve got a pretty exciting team.” The WCJP service started in the Special Circumstances Court. “What I’m trying to do is bring the practical assistance out into main- stream,” Ms Davison says, which is why the WCJP team is now working in the District Court list courts. Matt Dewar came to talk to Judge (now Justice) Susan Thomas, Ms Davison and others at the District Court to see if there was anything the students could do in any way shape or form. “At that point Special Circs was being developed. We pulled them in there initially, so that’s where it started. “We don’t need them there so much now. We need them in main- stream [District Court], because the people in mainstream weren’t getting any assistance [before the WCJP volunteers began working there],” Ms Davison says. WCJP leaders Ruby King, Fayez Shahbaz and Yousuf Ahmed gave LawTalk three examples of how the programme has helped people. “One of our volunteers was very excited to tell us the story,” Ruby says. A woman was facing charges after she had left a child locked in a car. The reason she had done this was because the child’s father had died a few months earlier. That meant the woman needed to work, but couldn’t afford child care. After talking with the woman, the volunteer worked with Work and Income New Zealand (WINZ) to arrange a child care subsidy. ▲ Wellington Community Justice Project Another defendant a WCJP volunteer helped was a woman charged leaders (from left) Yousuf Ahmed, Fayez with petty theft. When the volunteer talked with the woman, it turned Shahbaz and Ruby King. out that the reason she had stolen was because she did not have enough money. And the reason she did not have enough money was because her heating bill was very high. The heating bill was high because of a medical issue, and the reason she was ill was because of her dependence on cigarettes and tobacco. “We were able to work creatively on that situation,” Yousuf said. “We were able to negotiate with WINZ to get her an e-cigarette and also a subsidy for her heating bill. A win-win “It was a win-win situation and it meant she was in a much better place,” he said. Yousuf told the story of a youth “who was about my age … who had 21 LawTalk 890 · 17 June 2016
been living in a clothing bin for the last two years”. He was in court for petty crime, related to the fact that he thought that he could not receive a benefit as he had no address. All he needed to know was that tem- porary accommodation was sufficient to get a benefit. “So it was a minor thing I could tell him about which could change his life, because he was able to set himself up with a ben- efit and he could then become a positive member of society. “I think this example shows that it’s often small actions needed to help these people out,” Yousuf said. What is happening time after time in the District Court, is people appearing, get- ting sentenced, but then appearing again and again because they have issues that remain unresolved, and that sets up a cycle of crime. “What we are doing with this advocacy service in the District Court is trying to nip that crime cycle in the bud,” Ruby, Fayez and Yousuf say. It is taking therapeutic justice practices, such as those used in specialist courts such as the Special Circumstances Court, and using them in the mainstream District Court. ▶ Leah Davison, the duty developed by Tom Nelson and Yousuf in 2015, this pro- lawyer supervisor for the gramme has “really got up and running this year,” Ruby, Making a difference Wellington and Hutt Valley Fayez and Yousuf say. “It’s really great.” “It’s nice to hear the volunteers talk about District Court (right) This initiative is just one part of the work WCJP does this,” Ruby says. “You can tell they’re really meeting with Ruby King to enhance access to justice in New Zealand. enthusiastic about what they’ve been doing. and Yousuf Ahmed at the WCJP has four main areas of operation: advocacy, edu- “I think one of the things that is very Wellington District Court. cation, human rights and law reform. exciting for me is that we get a lot of feed- This year, about 120 Victoria University law students, back from our volunteers after they’ve out of a total WCJP membership of more than 170, are been in court, and they have received involved in these four streams. such positive feedback from the people The work of the volunteers in the District Court is one they’ve helped. of two initiatives under the “advocacy” banner. “They feel they’re really making a dif- Ruby, Fayez and Yousuf note that WCJP is not using ference. the word “advocacy” in terms of providing legal advice “At the same time, they’ve gained a lot or legal services. of skills themselves and they’ve become It is advocacy in terms of using advocacy skills to help genuinely passionate about what they do.” people, for example by linking people with service providers The eight volunteers on the Welfare and by negotiating for people with agencies such as WINZ. Advocacy Project are Harrison Cunningham, As well as the service in the District Court, WCJP’s Michaela Brus, Brigid Quirke, Rebecca advocacy service also assists in the Suspension Support McMenamin, Olivia Hyland, Madison Wellington Project, co-ordinated by Community Law Threadwell, Stephen Woodwark and Alice Wellington, which gives parents advice and support when Wood. their child is being suspended from school. The volunteers on this programme are This project encourages a co-operative approach that is selected following application and a series beneficial to the interests of both schools and students. of interviews. They are then trained in pro- viding the service, which is all about help- Education ing people get in touch with the relevant The WCJP’s main education programme is the Rights community providers that can help them. Education Project (REP), which is run in conjunction with Begun by Matt Dewar in 2014, and further Community Law Wellington. 22 17 June 2016 · LawTalk 890
The human rights team also helped at drop-in sessions conducted by Community Law Wellington. This involved helping with refugee groups, and also helping individual refugees with things such as writing letters. Law reform WCJP’s main law reform initiative has been helping organisations have a voice in Parliament by having a say on bills that actually affect them. As well as helping organisations prepare submissions, WCJP provides information in plain English on upcoming bills, as well as submission templates to general mem- bers of the public who want to write a submission. In the last year, the group has been involved in preparing seven submissions and the relevant select committee has invited them to present in person five times “which was very exciting,” Ruby says. She was involved in two presentations – one on the Children in Hardship Bill and one on the Electronic Monitoring of Offenders Bill. In addition, the law reform group worked closely with the New Zealand Animal Law Association to produce two comprehensive REP presents education modules to young people in ❝ In the last reports and briefed former Judge of the High secondary schools, alternative education providers and Court of Australia, Justice Kirby, on the halls of residences. It educates youth about their legal year, the group status of animal welfare in New Zealand. rights and responsibilities within various aspects of the law and how to obtain legal help and advice. has been Valuable experience The range of topics they cover ranges from employment involved in Being involved with WCJP, Fayez says, “is, right, human rights, rights around consent and cyber safety. I think, a very valuable experience for the So far this year, the education team has made 50 pres- preparing seven students. You can often get caught up in entations to schools, making this WCJP’s biggest project submissions the dynamics of law school and the theory, at the moment. and you can quite often get divorced from and the the practice. So it’s quite refreshing for the Human rights students to go out and have this practical One major human rights initiative of the WCJP was the relevant select experience – this knowledge of what’s 2015 contribution to an international research project on committee has happening on the ground. violence against women run by Vidya Siri, an academic “I think what makes the WCJP a bit dif- at the John F Kennedy School of Government at Harvard invited them ferent is that there’s a real buzz among the University. students that they want to give something The project required WCJP’s human rights team to pro- to present in back to the community.” duce a report on the status of violence against women in person five “I think you could say ‘let’s talk about an New Zealand. The team worked to secure ethics approval, issue – you could have seminars and so on conduct a literature review, and interview interested par- times “which about it’. What makes the WCJP different is ties in the community. The result of their efforts was a that all our volunteers get their hands dirty, 10-page report that is to be used as part of a global effort was very and they are active within the community to push for the development of a draft international con- exciting” taking a bottom-up approach,” Yousuf said. vention on violence against women. The project leaders “It’s pretty incredible for us law nerds,” thank Victoria University academics Dr Petra Butler and he says. Professor Bill Atkin for making this project a success in “What we are doing is making things such a short time frame. that seem hard and inaccessible, accessi- “This is perhaps the WCJP’s most prestigious and suc- ble,” Ruby adds. cessful project to date,” WCJP’s 2015 annual report states. “It’s really ignited my passion for 23 LawTalk 890 · 17 June 2016
studying law. ❝ When you “You can get swept away at law school with all the theory, but when you are actu- are actually out Proud to support ally out there working with people, actu- there working ally making a difference, it kind of makes WCJP studying relevant, because you know what with people, you’re working towards. Buddle Findlay has been proud to support the WCJP “You know why you’re studying law and actually making for the last few years “because we see the great value what you want to do with it, and that’s to it provides to the wider community,” says Buddle get out there and help people. a difference, it Findlay solicitor James Birt. “I think we are in a really privileged kind of makes “We have been very impressed with the way position where we are in law school, and in which the WCJP executive team has identified so I really, really want to use my skills to studying potential gaps in legal and educational services in make a difference.” relevant the community and put programmes in place to WCJP is very grateful to law firm Buddle attempt to address those gaps. Findlay, who provide assistance to the pro- “The WCJP also provides an invaluable opportunity gramme and have done for a number of for students to hone some of the more practical legal years, Ruby, Fayez and Yousuf say. skills whilst they are still at university,” Mr Birt says. 24 17 June 2016 · LawTalk 890
It definitely helped develop her as a lawyer
Being involved with the Wel- get out there and get involved. lington Community Justice “I was more involved in Project (WCJP) “definitely” co-ordinating and organis- helped Emily Bruce’s devel- ing things, but I know that opment as a lawyer, she says. some of the people who vol- Now working for Melanie unteered in projects – for a Baker in Lower Hutt, her while we had students help- practice is a mix of criminal ing in restorative justice – I defence and family law work. think some of them in par- “It’s mostly legal aid in our ticular, it’s connected them practice. to the whole world of court “Law school set me up for Emily Bruce and community legal work, this,” she says. which is really good I think. Ms Bruce was one of a group of around “I think it definitely connects people to 10 law students who established WCJP in that sort of work. Quite a few of us have 2010 while she was in her fourth year at gone down that path.” university. “It was the idea of a law student called Quite a bit of criminal lawyering is about help- Helena Cook”, Ms Bruce says. Ms Cook ing people with the issues that have caused gathered together a group of like-minded the offending. Is that right? law students to develop the programme, “Absolutely. Definitely. Without a doubt a group that included Ms Bruce. often the issues that drive the offending The aims of the WCJP when it was being are non-legal ones. I think things like WCJP set up was to improve access to justice, help people who are going to become law- and giving law students the opportunity to yers to see what the services are that we be involved in programmes that enhanced can give people and what the services are that access. that we can connect people to. Just as it has now, the WCJP was estab- “I think that’s probably the most impor- ▲ Ruby King and Yousuf lished with the four streams: advocacy, tant thing – helping people with housing Ahmed of the Wellington education, human rights and law reform. or benefits or anger management or drug Community Justice Over the six years it has been operating, and alcohol counselling. All of that kind of Project consult with a these areas have continued developing. information, it’s really important to know person in the cells at the “They are doing all sorts of really cool where it is and what it’s all about. I think Wellington District Court. things now,” Ms Bruce says. “It’s doing that community volunteering helps you to pretty well for itself. see that and learn who those people are “There are definitely some committed law who can help your clients.” students out there, that’s for sure, which is really cool.” So it’s about being there for your clients in a fairly holistic sense? Did you find being involved with WCJP was “Absolutely. You can’t do a lot of that helpful? yourself because you’re not a professional “Yes definitely. I think it’s really good at [in those areas] but knowing where to refer connecting people to community organ- people is really important. isations. “And just being alert to what somebody’s “You get to see where all the gaps in the needs might be is really important too,” community are, and it makes you want to Ms Bruce says. 25 LawTalk 890 · 17 June 2016
Why WCJP was begun
Helena Cook founded the Wellington Community Justice Project (WCJP) as a result of looking at options when she left law school. “I never attended law school with the notion that I would do commercial law, but that was the model we were pri- marily sold. The marketing was around which law firm you could intern at. Helena Cook “That didn’t appeal to me as the career I would like to follow, so I saw a gap,” she says. “At the same time I was concerned that while what I was gaining at law school was academically robust – it’s a very good law school – it was not going to translate easily into real world experience if I was going to do something pragmatic straight out of law school. “I guess I had twin objectives – my own ▲ Wellington Community law students could be of some help increas- legal skills, albeit limited, while still at law Justice Project student ing access to justice. That was in 2009, the school and doing something that had social directors Fayez Shahbaz year before WCJP was launched. interest or public interest rather than mer- and Gabrielle Groube rily earning money for shareholders. presenting to students Finding the gap “So with that in mind, I started talking at the 2016 launch of the “Law students, of course, can’t do the job of to community organisations. I had been project. a lawyer and we can’t profess to do that job working at Women’s Refuge for probably either. We couldn’t provide legal advice or four years at that stage as a volunteer, so anything like that and quite reasonably so. I was already well acquainted with some “So it was difficult to find the niche where NGOs in Wellington. there was the gap in resource that we could “I started to have conversations with properly fill. them about what law students could help- “There’s another organisation in Auckland fully do, and gathered some like-minded called the Equal Justice Project (EJP).” [EJP students – I think there was 10 of us to start is a student run pro bono initiative empow- with – and we went from there. ering communities to seek equal access “The whole organisation was about public to justice through education, service, and interest and social justice, so the key com- advocacy. It is entirely run and led by stu- ponent that kept arising – particularly out dents from the Auckland University Law of my work with Women’s Refuge – was Faculty. EJP volunteers work with a range of that the courts are, at least in a litigation practitioners, not-for-profit organisations, sense, inaccessible and lawyers are inac- government departments, and the general cessible because of fees. And legal aid is public to increase access to the law.] not meeting that gap.” “I went up and saw them and had discus- So Ms Cook began thinking that perhaps sions about how their project ran and if we 26 17 June 2016 · LawTalk 890
“I’m so impressed by what people have done after what I did. What I did seems very small,” Ms Cook says. The WCJP launch was in her final year of law school, and in 2010 Ms Cook graduated with an LLB and a BA in psychology. Honoured Her role as WCJP founder would see Ms Cook awarded New Zealander of the Year Local Hero award for Wellington Region, 2010. She also won the Miller Award for outstand- ing contribution to social justice at Victoria University Law School. From law school, she practised for five years as a prose- cutor for the Health and Disability Commissioner. Then in February this year, she moved to the Ministry of Foreign Affairs and Trade. “In its simplest form, I became a lawyer because I wanted to do something for other people. I still feel very strongly that I grew up in a privileged society where I received an education and I went to good schools and I had a good upbringing – and it’s my responsibility to give back. “Not everyone has those privileges. I find myself now with a legal education, I’m part way through a masters. I think it is incumbent on me to give back. WCJP was the first of those thoughts,” she says. “The other thing that you discover through the process is that legal advice is not what most people need. They just want someone to help them understand the system. “The biggest satisfaction came from meeting people who you’d actually enabled to go through the legal process without even being a lawyer. It was great.” ▪
could translate any of the work they were doing up there into the Wellington context. Some of our ideas came from them. That was in terms of being closely aligned with the Community Law Centre. We also had a MĀORI BUSINESS very good relationship with the Wellington Community Law Centre and they were a TRAINING source of wisdom in that first year, when PROGRAMME we were really ploughing the ground.” After doing the groundwork, Ms Cook In conjunction with Arapai, the College has and her group of around 10 like-minded developed 7 sessions to assist you with Māori business practices. These sessions people developed the WCJP model ready can be delivered to you at your firm at a for its 2010 launch. time convenient to you subject to numbers. “Judge [Andrew] Becroft launched it. He was our first speaker. “We didn’t achieve a lot in that first year. • Māori and Pākehā Relations • The Nature And Character Of The In my mind it was all about – to use a met- • Te Reo Māori Pronunciation For Business “Māori Economy” aphor – ploughing the ground for future • Māori Business Hui Protocols • Engaging With Māori In Business leaders. We just wanted to make a solid • The Treaty Of Waitangi And Māori Treaty Claims • Te Reo Māori In Business foundation. “I think it’s gone from strength to strength. From what started with such CALL (09) 300 3151 small beginnings, it’s really heartening EMAIL [email protected] to see people take the reins and carry it or download from www.collaw.ac.nz forward with such vigour. 27 LawTalk 890 · 17 June 2016
2015) written shortly after the Supreme Court hearing, I mused over possible outcomes in this case based upon my impressions sitting through the hearing Clayton v Clayton — that took place over three days in early September 2015. For the most part, what I so boldly antic- the last chapter ipated might happen, did happen – more or less – with the obvious exception of the court’s decision in relation to the status What does it mean? of the VRPT. In each of the lower courts, the sham argument had failed. Instead, in the Family By Ross Knight and High Courts, the VRPT was found to be an illusory trust – but a valid trust none- theless. The Court of Appeal disagreed. It On 23 March the Supreme Court delivered its long awaited rejected the concept of an illusory trust and judgments on Melanie and Mark Clayton’s appeals against said that the only question was whether the Court of Appeal judgment handed down 12 months Ross Knight or not the trust was a sham. It concluded earlier.1 that it was not. But before the judgments were delivered, the Claytons I came away from the hearing in the managed to settle all matters in issue between them. Supreme Court convinced that their Somewhat unusually, but unsurprisingly given the public Honours might see this case as an opportunity to put a interest considerations at play, the Supreme Court consid- gloss on Official Assignee v Wilson – the leading case in New ered it appropriate to deliver its judgments in any event. Zealand on sham trusts.5 But that did not happen. Indeed, But in so doing it stopped short of expressing a view on Wilson barely got a mention in the judgment. outcome, except to say that but for the settlement, it would Shortly put, the Supreme Court upheld the Court of have bifurcated the Claymore Trust and remitted issues Appeal finding that the VRPT was not a sham, but set of valuation back to the High Court. aside its finding that the VRPT was not an illusory trust The judgments comprised three separate decisions. Two and declined to make a ruling on the issue. were on Mrs Clayton’s appeal2 – both as to the status of the Claymark Trust, (Claymark) the application or otherwise of What happened? s 182 the Family Proceedings Act 1980 (FPA) and s 44C the Mrs Clayton’s appeal Property (Relationships) Act 1976 (PRA) – (Mrs Clayton’s This judgment was in two parts: first, decisions by Justices appeal).3 One was on Mr Clayton’s cross-appeal – both as William Young, Glazebrook, Arnold and O’Regan and sec- to the status of the Vaughan Road Property Trust (VRPT) ondly by Chief Justice Elias. and his power of appointment under the deed of trust In each, their Honours were unanimous in holding that (Mr Clayton’s appeal).4 Mrs Clayton’s appeal should succeed. In each, their Honours were at pains to say that in assessing a claim under s 182, On appeal the court should not slavishly adhere to the subjective Specifically, the Court held that: reasonable expectations test – for which its earlier decision ▪▪ Claymark was not a nuptial trust and so Melanie Clayton in Ward v Ward6 has been credited; that although in that could not rely on s 182 the FPA to seek a variation of it case, what the court said at [25] (see below) could be taken in her favour; to be a general test applicable in all cases. In fact, what ▪▪ There had been no transfer nor disposition of relationship was said as to the application of s 182 was to be read in property into Claymark and so Melanie Clayton could light of the circumstances in Ward; were that not the case, not claim a compensatory adjustment under s 44 PRA; Ward would be inconsistent with the case law relied on ▪▪ The VRPT was neither a sham or illusory trust; but by the court and s 182 itself. ▪▪ Mr Clayton had effective control over VRPT and its assets The majority decision emphasised the need for the court by virtue of his power to add and or remove beneficiaries to take an objective approach when deciding whether or not with impunity; that the power was unconstrained and/or to exercise jurisdiction under s 182 and that reference to affected by fiduciary obligations or responsibilities and “reasonable expectations” at [25] (see below) denotes that. was therefore in the nature of a personal (as opposed to But it was the Chief Justice who, in her opinion, expressed fiduciary) power compromising relationship property, the objective approach more vigorously than the majority the value of which could be determined by reference when she said that the courts below had “failed properly to the net assets of VRPT. to address the question whether the VRPT was a nuptial settlement”,7 but that whether the trust was a nuptial Earlier predictions settlement or not turned on an objective assessment of its In an article published in LawTalk (issue 877, 5 November effects and purposes; that the courts below had erred in 28 17 June 2016 · LawTalk 890
treating the subjective expectations of Mr and Mrs Clayton as to benefit other discretionary and final beneficaries and the business purpose of the trust as the controlling consideration of the trust. It followed that these powers in making that assessment, which her Honour considered to be a “mis- were personal and therefore [relationship] application” of Ward.8 property, given that the VRPT was a nup- In sum then the court found: tial trust. ▪▪ the enquiry under s 182 involves a two staged process: the first to Importantly, the court was clear that its determine whether [the] trust is nuptial, the second to assess whether findings did not amount to extending the and, if so, in what manner the Court’s discretion should be exercised; definition of “property” under the PRA, ▪▪ a generous approach should be taken at the first stage but; although it recognised that “property” is ▪▪ there must be a connection or proximity between the settlement and a fluid concept that had extended to include the marriage or civil union; interests which might not earlier have been ▪▪ the nature of the assets is not determinative of whether the settlement covered by it. is nuptial or not. A nuptial settlement can be made for business reasons The court referred toZ v Z (No 2)10 where and contain business assets; the Court of Appeal said the meaning and ▪▪ the courts below relied upon Ward v Ward9 and specifically the approach scope of property must also be affected by adopted by the court at [25]: the statutory and wider context (including “… the proper way to address whether an order should be made under s182, changing social values, economic interest is to identify all relevant expectations which the parties, and in particular and technological developments) in which the applicant party, had of the settlement at the time it was made. Those it is used. expectations should then be compared with the expectations which the parties, and in particular the applicant party, have of the settlement in Where to now? the changed circumstances brought about by the dissolution. The court’s The title of my both my first article and task is to assess how best in the changed circumstances the reasonable this piece is: The Last Chapter. expectations the applicant had of the settlement should now be fulfilled. If Certainly that is true for the Claytons, the dissolution has not affected the implementation of the applicant’s pre- but not for the future development of this vious expectations, there will be no call for an order...” [emphasis added]; dynamic area of law. The interface and indeed ▪▪ Ward did not establish a general test applicable in all cases; tension between trust and relationship prop- ▪▪ the courts below wrongly conflated the erty law will continue to present challenges two staged test which gave rise to an to the courts until Parliament commits to a error of law or principle; process of meaningful law reform. ▪▪ while the subjective views of the par- If anything Clayton creates more uncer- ties (especially if mutual and set out in tainty rather than better definition of the a memorandum of intention as in Ward) law and principle. Some will argue – and I may be relevant, it is the overall circum- have – that this is a landmark decision, and it is. The finding of the court that stances that must be assessed by the read together a series of powers were “personal” and therefore “property” court, objectively; of Mr Clayton was significant. Although arguably not novel,11 the finding ▪▪ there is no warrant in the legislative as to the status of the powers was followed by a reasoned methodology history to suggest that the powers to for fixing a value for relationship property purposes which will, for the vary nuptial settlements in s 182 are to time being, provide great assistance to those working in this area of law. be read down by reference to ss 44 and But moves are afoot to give the PRA a much needed and comprehen- 44C PRA. sive review. In late May 2016, following the Clayton decision, the Law Commission announced that it would be undertaking a PRA review. That Mr Clayton’s appeal review, says Law Commission senior legal and policy advisor Lisa Yarwood, Justice O’Regan gave the judgment. will also look at de facto relationships, protection of children, prenuptial As earlier foreshadowed, the court found agreements, and division of property after death. The Law Commission that the VRPT was a valid trust. The pri- expects to report its findings by November 2018. ▪ mary question then was whether or not Mr Clayton’s powers – or any of them – were Ross Knight is a senior relationship property and trust litigation specialist practicing personal to him or were held by him in his out of Princes Chambers in Auckland (http://rossknight.co.nz). capacity as trustee and therefore fiducary by nature. If personal, the question was 1 Clayton v Clayton [2015] NZCA 30. 6 [2009] NZSC 125. then whether the power(s) were property 2 The first decision was that of 7 At [97]. Justices William Young, Glazebrook, 8 At [98]. for the purposes of s 2, PRA. Arnold and O’Regan, the second of 9 [2009] NZSC 71. The court unanimously found that by Chief Justice Elias. 10 [1997] 2NZLR 258 (CA). a combination of several clauses in the 3 Clayton v Clayton [2015] NZSC 30. 11 Walker v Walker [2007] NZCA 30. deed to the VRPT, Mr Clayton would not 4 Clayton v Clayton [2016] NZSC 29. See also Kenyon v Spry [2008] HCA 5 [2008] 3 NZLR 45 (CA). See also 56. be constrained by any fiduciary duty were Ben Nevis Forestry Ventures Ltd v he to choose to exercise the VRPT powers Commissioner of Inland Revenue in his own favour to the detriment of the [2008] NZSC 115. 29 LawTalk 890 · 17 June 2016
Coaching teams so the whole is greater than the sum of the parts
By Emily Morrow
My friend Donella Meadows, who started an intentional disputes”. community in Vermont many years ago, once said: “Living ▪▪ Management fails to provide adequate in community is neither as good nor as bad as you might direction for a team resulting in ineffi- think”. The same can be said about working in teams. ciencies and poor outcomes. Unless you really do practise law alone, you are likely to be part of a team at least some of the time. Teams are Professional skills deficits the basic building blocks of how work gets done in the ▪▪ Team members seek to achieve particular law. If a team functions well, the outcomes will be sig- objectives but lack the technical skills nificantly better than if a team is under functioning and Emily Morrow and/or practical experience to do so. lacking focus. Sadly, not all teams are created equally and ▪▪ The team leader wants to bring in new frequently teams function less than optimally. team member(s), but struggles to deter- mine what is needed. Common slippage points Because human beings are social creatures, one might These are just a few examples of how teams expect that teams, left to their own devices, will function fail to work together well. The common reasonably well. However, this is not always true. Consider symptoms one observes in a low function- the following: ing team include: ▪▪ inefficiency/ineffectiveness/burnout; Poor internal dynamics ▪▪ poor communication; ▪▪ Team members don’t get along well and have commu- ▪▪ low trust; nication problems. ▪▪ lack of strategic direction/thinking; ▪▪ The team lacks appropriate leadership and direction. ▪▪ low morale, high turnover; ▪▪ Temperament differences between team members cause ▪▪ low group and individual accountability; misunderstandings and diversity becomes a problem ▪▪ high emotional reactivity; rather than a strength. ▪▪ lack of identification with the team; and ▪▪ Factions form within teams and undermine group ▪▪ leadership turnover. effectiveness. ▪▪ There is a culture of blame, fear, low trust and anxiety. A typical intervention; skills and strategic Poor external dynamics planning ▪▪ Counterproductive competition exists between teams. It’s been a while since I’ve written about ▪▪ There is a lack of clarity/transparency about the role of the fictitious law firm of Smith & Same different teams within an organisation and “boundary located in Anywhere, New Zealand. However, recently I received a phone call from Mary Jones, a partner in the firm DOING DISCOVERY? www.lawflow.co.nz who heads up a practice team consisting of four lawyers, two legal executives and a secretary/PA. LawFlow is a web-based discovery system designed, developed and She said: “We’d really like to build our hosted in New Zealand, used by New Zealand law fi rms since 2012. practice so we contribute more strongly ∂ Generate discovery lists and electronic bundles to the firm’s financial performance and Full-text search your discovery documents client base. However, we just don’t seem ∂ Remote access via any web-browser to be able to get any traction in terms of ∂ And much more! ∂ raising our external profile, hunting as a pack, and converting opportunities into Take a free, fully-functional trial today! Visit our website for details www.lawfl ow.co.nz new instructions. Can you help us?” 30 17 June 2016 · LawTalk 890
Photo by Klean Denmark CC-By-SA
When I met with the group, it was clear Once we made this “diagnosis”, the team on building a practice or other “non-inter- they all got along well and enjoyed working discussed and articulated a strategic vision personal” issues is typically easier than one together. Mary was providing good leader- and plan for the development of its practice involving interpersonal conflict or the like. ship and the team liked and respected her. within the firm and its market area. Typically, I am asked to intervene after However, when I analysed team mem- Guided by this, it identified specific things have noticeably deteriorated and bers' temperament preferences (after opportunities to build relationships, create management is painfully aware of a team’s having determined each team member’s new opportunities and proactively/consist- problems. This is both good news and bad Myers Briggs Type), it became clear that, ently cultivate those. For example, two team news. The good news is that team mem- as a group, there was a strong preference members put together a seminar for pro- bers and management are often highly for introversion and a focus on detail and spective clients, and successfully did sev- motivated to address the problems. They internal team operations, rather than exter- eral such presentations. They got to know have suffered enough to be ready to move nal relationship building, entrepreneurial audience members, sought introductions beyond denial. The bad news is that the thinking and strategic planning. Essentially, to others in the company, followed up with problems are often quite deeply entrenched. there were some fairly obvious “soft skill” coffees, created the framework for giving At Smith & Same, the property group deficits in an otherwise high functioning a series of seminars on related topics and has been having some ongoing problems. team. had successful results. The team leader, Phil, is very bright and We then discussed what the group had Similarly, team members began writing high-powered, but is often out of the office, done in the past to build its practice and articles for industry publications on topics is somewhat disorganised and his dele- external profile and evaluated how suc- related to the seminars, thereby getting gation skills are poor. When he does give cessful these efforts had been. Although added traction on profile raising. The team feedback, it is often critical, if not abrasive. members had written articles, done public started co-ordinating its efforts, consistent He feels unsupported by the more junior speaking and met one-on-one with prospec- with the strategic plan it had developed. lawyers in his team, and they feel resentful tive clients and referrers, there was little The team is beginning to notice an of his leadership style. Communication is follow up after these initiatives. If someone increase in referrals and instructions from of low quality and infrequent. did a seminar, it was an isolated effort. new clients. Members have enhanced their The matter came to a head when one of There was no effort to develop relationships follow up and are much more proactive. The the firm’s large clients was working with with audience members and follow up on results have been positive and the team is Phil on a major matter. Because of poor potential leads. Similarly, if a lawyer had finding that success builds success. communication between team members, an coffee with a prospect, it was a “one off ” important deadline was missed and, when interaction. There was no strategic plan An intense intervention the paperwork was eventually completed, for the efforts. Not surprisingly, an intervention focusing the quality was less than ideal. The firm is 31 LawTalk 890 · 17 June 2016
at risk of losing this client. The firm’s managing partner present whenever he was working late. became aware of the problem and invited me to intervene. The team came up with guidelines for how it wanted At my first meeting with Phil, I told him that our dis- to function going forward and a plan to implement those. cussion was confidential. I encouraged him to be candid There was a strong feeling of camaraderie and a noticeable with me. Initially, he spent a lot of time complaining about reduction of tension within the group. team members, detailing how hard he had to work and Team members are committed to implementing the generally feeling quite sorry for himself. next steps they identified, minutes were taken and dis- I then asked Phil: “What can you do in terms of how seminated, and the group has been meeting on a weekly you manage yourself within the team to enhance how the basis to gauge how it is doing vis-a-vis its plan. So far the team works as a whole?” and “When was the last time results have been positive. you sat down with your team to discuss what was going well, rather than what was going wrong?” Is the whole greater than the sum of His answer to the first question was that he needed to the parts? think about it and his answer to the second question was Here’s what I look for in terms of evaluating a team: that he could not recall when this last occurred. ▪▪ Do team members have complimentary technical and Finally, I asked: “How motivated are you to get this interpersonal capabilities that they use to get the best situation under control so you can provide better client work outcomes? service and personally have a more manageable work life ▪▪ Is there a frictionless level of communication so critical balance?” Phil said he was highly motivated to do so. information is shared quickly, reliably and easily? Thereafter, I met individually (and con- ▪▪ Do team members leverage each other’s fidentially) with each team member to time and delegate optimally? discuss their perspective on how things ▪▪ Are clients happy with the work product were going. and the amount charged for it? Do clients They expressed considerable frustration feel well looked after? with Phil’s work style, but indicated they ❝ High ▪▪ Do team members give each other liked him personally, especially when they functioning accurate and helpful feedback, including engaged with him in a social setting. They having high quality “difficult conversations” perceived Phil to be an unfortunate victim teams don’t when necessary? of his own personality. He was clearly an ▪▪ Is the team “low maintenance” so man- extremely gifted lawyer and they believed just happen. agement does not have to spend much time they had much to learn from him. They also They require worrying about and discussing it? expressed a strong desire to enhance their ▪▪ Does the team actively enjoy spending interactions with him so the team could active and time together socially? Is it a happy group? be more productive. If the answer to one or more of these ques- Next, I met with the entire team and ongoing “care tions is no, then the team may benefit from suggested we schedule a half day team and feeding” some external coaching and intervention. retreat to discuss: Most teams can, with appropriate sup- 1 What was the team’s shared vision for port, enhance their level of functioning. how members might optimally interact Sometimes it is necessary to make person- and work with each other? nel changes and, if so, this is usually best 2 What did the team, individually and col- done sooner rather than later. Sometimes lectively, need to begin doing immediately so it could it is just a matter of utilising existing skills and capabilities function consistent with that vision? What were the more effectively. next steps that needed be taken? High functioning teams don’t just happen. They require The retreat was held some weeks later in a pleasant off-site active and ongoing “care and feeding”. That said, work- location. The team had a good discussion about the key ing in a really high functioning team is one of life’s great elements of its shared vision and found that everyone had pleasures. It’s worth the effort. Invariably, in such a team, a common perspective about how the team should func- the whole is naturally and consistently greater than the tion. This came as a bit of a surprise, but a reassuring one. sum of the parts. ▪ We then discussed practical next steps to achieve the vision. Emily Morrow was a lawyer and senior partner with a large firm in I suggested that Phil articulate how he likes to work Vermont, where she built a trusts, estates and tax practice. Having and his expectations for the team and its members. Phil lived and worked in Sydney and Vermont, Emily now resides in had never explicitly discussed this and it proved to be a Auckland and provides tailored consulting services for lawyers, helpful conversation. For example, Phil made it clear he barristers, in-house counsel, law firms and barristers’ chambers is results oriented. He doesn’t care if team members stay focusing on non-technical skills that correlate with professional late at work, so long as they get the work done on time success; business development, communication, delegation, self and correctly. Team members were surprised to learn this, presentation, leadership, team building/management and the because they assumed Phil wanted them to be physically like. She can be reached at www.emilymorrow.com. 32 17 June 2016 · LawTalk 890
What is your wealth management process and how involved can you afford to be? IDEAL LEVEL OF INVOLVEMENT IN MANAGING FINANCES By Laetitia Peterson
In my previous article I asked lawyers about their wealth strategies, so the next logical 25% question had to be about execution. The proof, after all, is in the pudding, not the 52% recipe. I wanted to determine the ideal process or level of personal involvement for lawyers in managing their wealth. 23% Formulating a strategy is one issue. But the execution in implementing, monitoring Laetitia Peterson and augmenting that strategy requires an ongoing level of focus and commitment. As predominantly Family Stewards, law- ■ Prefer a comprehensive framework in which to make decisions yers have an important responsibility to take ■ Prefer to delegate management to someone I trust control of their own financial destiny and ■ Prefer to be engaged in managing and monitoring that of their families. This can be daunting, but doesn’t necessarily rule out delegation. I often liken my clients to the CEO in the Prefer a comprehensive framework in which to driving seat, making the decisions, and I make decisions (52%) am the CFO, providing the necessary tools. A clear majority of 52% would prefer to make financial In an article for The Washington Post, decisions within a comprehensive framework. They want financial journalist Barry Ritholtz dis- to make the ultimate decisions without having to deal with cussed the difference between outcome the minutiae – an understandable choice, since lawyers and process, noting that gamblers, many work long hours and prefer to spend their limited down sports fans and speculators are focused time with friends and family, rather than monitoring their on outcomes, while pilots, professional finances. While wanting to maintain an element of con- sports coaches and long-term investors trol, delegating day-to-day monitoring to a trusted adviser are concerned with process. would be their ideal model. Ritholtz further noted that by focusing on Many acknowledged a lack of competence and knowl- outcomes, investors engaged in a “brilliant edge in the financial field. Others, currently managing bait-and-switch”, since they had no idea their own finances, believed their asset level did not yet whether such outcomes were the result warrant the use of a financial adviser. However, project- of luck or skill, much less whether they ing ahead to the benefits of future progression and asset would repeat in the following year. I asked interviewees to choose one of three options as their ideal level of Trusted practice management involvement in managing their finances – a preference to delegate management to software for NZ lawyers someone they trust, to want to be engaged Easy to learn, easy to use. Save time and in managing and monitoring or to have ! a comprehensive framework in which to increase profits. That’s what users say make decisions. The ideal could, of course, New: Document management & Internet banking. Free installation and be very different from their current situ- training. Visit our website for testimonials from firms just like yours. ation, given that 15% admitted to having no wealth strategy at all. Responses are www.jpartner.co.nz [email protected] 09 445 4476 JPartner Systems Ltd summarised in the following pie chart. 33 LawTalk 890 · 17 June 2016
building, they would prefer to be able to delegate day-to-day financial management and monitoring. Investment plan meeting Two weeks later, the client reviews a com- Prefer to delegate management to someone I trust (25%) prehensive investment plan and investment Some viewed financial management as a “chore” to the extent of saying policy statement. A further two weeks are “I hate finance”, and, in typical phobic fashion: “Money of itself has no recommended before signing up to ensure interest for me – it doesn’t give me a kick”. Of the 25% who chose this the plan reflects values and goals initially option, some were mindful of potential insider-trading breaches, believing outlined. While typically a little nervous at it ethically critical to create a “Chinese wall” between their legal practices the outset, clients generally feel reassured and personal finances. by seeing in black and white how they can achieve the things most important to them. Prefer to be engaged in managing and monitoring (23%) Just under a quarter chose engagement in the daily management and Mutual commitment meeting monitoring of their finances. Most were involved in the wealth business Here, the client signs up to work with their in one form or another (either as advisers/lawyers or fund managers/ adviser on their wealth management plan professional investors) and considered this their core skill and area of and will be typically cautioned against competency. Several keen to up-skill in finance said they did not currently “buyer’s remorse”. Do not be tempted to have the time to do so. rely on the financial media to reinforce pru- dent investment decisions. Did you know How time-poor are lawyers? that the highest proportion of readers of The time-consuming wealth management ❝ The time- car advertisements are recent purchasers, process requires an ability to act and react at wanting to confirm they made the right a moment’s notice. The average time spent consuming decision? Clients should ignore the media by lawyers in managing personal finances (or view it as entertainment) and focus on during a regular seven-day week was 2% wealth making wise financial decisions and adher- (as against that spent working, with family management ing to a long-term plan. and friends, and recharging batteries). Apart 45-day follow-up meeting from paying bills, not much can be achieved process in one to two hours each week, let alone This routine review of all relevant paper- designing, managing and monitoring a requires an work ensures that documentation is com- comprehensive plan to take care of your ability to act plete. finances over a lifetime. and react at a Regular progress meetings What could a These begin 90 days later. Clients initially
comprehensive framework moment’s notice like to touch base quarterly. The adviser look like? typically checks whether any changes in I recommend exploring a consultative the client’s life may have an impact on client management process, which typically planning. Advanced wealth management plans also begin here, focusing involves a series of client meetings with set on recommendations in areas outside investment consulting, designed in time frames and deliverables. Clients are co-operation with a panel of experts. This core group of expert advisers given the tools to make informed decisions can include a trust or personal lawyer, tax accountant and personal or at each step. Again, I repeat the impor- life insurance specialist. tance of having the client in the driving seat as the CEO, with the navigating wealth Defining wealth management manager as the CFO. Let’s look at a typical For the mathematically inclined, this simple formula defines wealth consultative process. management. Discovery meeting WM = IC + AP + RM Here, the client is guided through a compre- Investment consulting (IC) involves managing investments over time to hensive discovery process covering seven help clients achieve their financial goals. key areas. The first two concern the client’s Advanced planning (AP) looks beyond investments at four sub areas: wealth values and goals, at which time it becomes enhancement, wealth protection, wealth transfer, and charitable giving. clear whether adviser and client are a “good Relationship management (RM) is the final element in the wealth fit”. Information gathered helps develop a equation. Good financial advisers balance and maintain relationships total client profile or mind map. This is the with the other professionals involved in their clients’ individual wealth gateway to formulating a core document management plans. for future reference and most clients find I asked lawyers to rank the following five financial concerns in order it rewarding to drill down to what is most of importance: important to them financially. ▪▪ Investing wisely to preserve capital (wealth preservation); 34 17 June 2016 · LawTalk 890
▪▪ Protecting assets (wealth protection) not receive top ranking, despite the Family ranking this area as their third or fourth ▪▪ Paying less in taxation (wealth enhance- Steward predisposition in the survey. As priority. This rather refreshing finding ment); highlighted in the previous article, inher- reflected a general view that New Zealand’s ▪▪ Transferring wealth in the future (wealth itance did not feature highly as a wealth taxation system is fair. However, some felt transfer); and creation strategy in the survey results. those views might differ with a change in ▪▪ Contributing to the community (chari- Recommendations in this area typically government, given the opposition’s pro- table giving). require input from a trust or personal posed increase in the marginal tax rate Responses are summarised in the follow- lawyer on the panel of experts. and introduction of a capital gains tax. ing charts. Wealth enhancement strategies again WEALTH TRANSFER typically require input from a trust or Wealth preservation personal lawyer and tax accountant on In line with global findings, investing wisely the experts panel. was rated the prime financial concern by 77% and the second priority by 16% of the WEALTH ENHANCEMENT 61 lawyers surveyed. 42% 43%
WEALTH PRESERVATION 57% 8% 7% 77% 0% 1st 2nd 3rd 4th 5th 20% 20% Charitable giving 2% 2% 1st 2nd 3rd 4th 5th 17% I was surprised at the high ranking of char- itable giving or contributing to the commu- 5% 2% 0% nity – the third highest priority for 28% and 1st 2nd 3rd 4th 5th the fourth and fifth choices for 35%. While We all remember the childhood tale of the reluctant to highlight community contribu- elves and the shoemaker. The beleaguered tions, lawyers agreed that charitable giving shoemaker couldn’t pay his rent, but awoke Wealth protection makes up a significant part of their work each day to find his work done, thanks to his Rated the second priority by 73% and the and private lives. They tend to give their supernatural friends. Replace shoemaker prime financial concern by 22%, wealth time generously to pro bono causes and are with lawyer, and poor for time-poor, and protection is designed to protect your often approached to be trustees on charita- the corollary is simple. Financial man- wealth from creditors, ex-partners and ble or school boards. Their skills are highly agement and wealth creation take time, factors beyond your control, such as dis- sought after by such organisations, which requiring daily attention, consideration asters or illness. This kind of protection is could often otherwise not afford quality and often action. It is simply not possible mainly achieved through legal structures, legal advice. Recommendations in this area for the time-poor. Developing an ongoing including trusts, and insurance. also typically require input from a trust relationship with a financial adviser not or personal lawyer on the experts panel. only saves time, but also brings peace of WEALTH PROTECTION mind. For many interviewees, it was not CHARITABLE GIVING a question of how could they afford it, but rather, how could they afford not to. 73% Once your financial planning is under way, you will have your own trusted network of advisory “elves” working away on your behalf. You just have to check in now and again to review progress. ▪ 22% 35% 35% 28% 5% Laetitia Peterson is a personal wealth adviser 0% 0% and is married to competition barrister Andrew 2% 1st 2nd 3rd 4th 5th 0% Peterson. She has worked with companies such 1st 2nd 3rd 4th 5th as Goldman Sachs and boutique funds manage- ment firm Liontamer, which she co-founded with Wealth transfer Janine Starks. She is now the CEO (and founder) Wealth transfer or “looking after your heirs” Wealth enhancement of The Private Office, helping successful lawyers was ranked third highest by 42% and fourth Wealth enhancement (tax mitigation or achieve financial goals. highest by 43%. While leaving an estate paying less in taxation) was ranked the for children was clearly important, it did lowest priority by 57%, with just 20% 35 LawTalk 890 · 17 June 2016 Law Reform
NZLS supports Land Contract and commercial Transfer Bill law revision The New Zealand Law Society welcomes and this could make access to compensa- bill introduced the modernisation of the Land Transfer Act tion more difficult. but is concerned about how some of its “The clause needs to be redrafted to make Attorney-General Christopher new provisions will work. it very clear that a person may apply for Finlayson QC has introduced the The Land Transfer Bill is set to amend compensation immediately,” he says. Contract and Commercial Law Bill, to the Land Transfer Act 1952, which the Law The Bill also proposes that compensation consolidate 11 contract and commer- Society says will bring this key piece of will be assessed using the market value of cial acts into a single piece of legisla- property legislation into the 21st century. the land in question, which could poten- tion with a modern style and format. The Law Society presented its submis- tially result in unfairness to the person The bill is the first revision bill on sion to the Government Administration receiving compensation. The Law Society the government’s triennial statute Committee on 25 May. recommends that in the event of a com- revision programme – the first major A Law Society spokesperson, Ian Haynes, pensation claim, the land’s value should statute law revision exercise by any says a law change is well overdue but be assessed at what has been lost from a government since 1908. aspects of some provisions proposed in claimant’s perspective. Revision bills are prepared under the legislation need some explaining. Mr Haynes says the Law Society is also subpart 3 of Part 2 of the Legislation He says two new clauses allow the High concerned with proposed increased obliga- Act 2012. They may revise the whole Court to alter the land title register in cases tions placed on mortgage lenders to verify or part of one of more acts and omit of manifest injustice, which introduces a the identity of borrowers. redundant or spent provisions as well challenge to the fundamental concept of “It is assumed that the reason behind as making changes in language, format indefeasibility of title. this is because mortgage fraud is increas- and punctuation and any necessary “These clauses create a very wide field ing in Australia yet there has been only repeals. within which the High Court may operate one known instance of attempted identity A revision bill must not change the to alter the land title register. This, in turn, fraud in New Zealand land dealings since effect of the law, and the Contract has the potential for profound impact on Landonline was introduced. and Commercial Law Bill contains banks and other lenders, who lend money “There is adequate protection in place no new policy or substantive law on the security of land,” he says. imposed by regulations and the Registrar- changes. Certification statements to The Law Society’s Property Law Section General’s published Land Information New this effect are required by s 33 of the chair, Duncan Terris, says a proposed com- Zealand Standard for verification of identity Legislation Act. pensation clause in the Bill would allow of a borrower. This already minimises the Mr Finlayson says the government a person who is deprived of their interest opportunity for fraud in New Zealand,” sought submissions on an exposure in land the right to claim compensation he says. draft of the bill in October 2015. He from the Crown. The Law Society says it would welcome says parliamentary procedure for “This right has always existed, but the any opportunity to provide further advice enacting revision bills is streamlined proposed clause suggests that a person on the proposed Land Transfer Bill. ▪ under Standing Orders, but select needs to invest time and money into liti- committee scrutiny is retained. gation before they can seek compensation The New Zealand Law Society’s sub- mission on the exposure draft noted that although the title suggested the bill would cover all contract and com- mercial law, that was not the case. It said the Fair Trading Act 1986 and Personal Property Securities Act 1999 Providing Professional Indemnity and specialist insurance applied in commercial situations, products to the Legal Profession and consumer law statutes such as Visit www.justitia.co.nz for further information and application forms the Consumer Guarantees Act 1993 Or Contact: Mr Ross Meijer, Aon New Zealand and Credit Contracts and Consumer 04-819-4000 Finance Act 2003 were an integral part [email protected] of commercial law, but had not been included. ▪ 36 Law Reform 17 June 2016 · LawTalk 890
Recent submissions The Law Society recently filed sub- missions on: ▪▪ Tax Administration Act 1994, QWB00085 – the period for which a private or product ruling applies; ▪▪ Wildlife (Powers) Amendment Bill; ▪▪ Government Tax Policy Work Programme; ▪▪ Land Transfer Bill; ▪▪ Government Inquiry into Foreign About to present the Law Society’s submission on the Land Transfer Bill, Property Law Section chair Duncan Trust Disclosure Rules; Terris (left) and Law Society spokesperson Ian Haynes. ▪▪ FMC Act exemption: communal facilities offered with real prop- erty – further consultation; ▪▪ Making Tax Simpler – Better NZLS supports new AIM Business Tax: IRD officials’ issues paper; and method for provisional tax ▪▪ PUB00259: Income tax – Land sale rules – Main home and residen- The New Zealand Law Society supports development of the Accounting tial exclusions – Regular pattern Income Method (AIM) as an available method of calculating and paying of acquiring and disposing, or provisional tax. building and disposing. In comments on the Inland Revenue Department issues paper Making The submissions are available at Tax Simpler: Better Business Tax, the Law Society says a factor critical to www.lawsociety.org.nz/news-and- the success of AIM will be taxpayer confidence in the calculations and communications/law-reform- adjustments being made by the relevant software. submissions. “The ability for a taxpayer or their agent to make corrections and adjust- ments on a real-time basis will also be important,” it says. Coming up “Taxpayers should also be able to rely on the relevant software given it The Law Society is currently pre- will have been improved by Inland Revenue and, as a corollary, taxpayers paring submissions on numerous should not be liable for use of money interest where any underpayment bills and government discussion results from automatic calculations or adjustments being made by the documents. Members are welcome software (which we understand is consistent with the proposal). to contribute comments to the Law The Law Society says it understands that AIM will be available to all Reform Committee, specialist com- provisional taxpayers with a turnover of $5 million or less. mittees and sections preparing the Noting that a criterion based on turnover alone does not necessarily submissions. There is information in reflect a logical threshold for entitlement to use AIM, it suggests that an the weekly LawPoints e-bulletin on improvement could be introduction of a separate (alternative) eligibility upcoming NZLS law reform activities; criterion based on the amount of a taxpayer’s residual income tax. and the Law Society’s Law Reform This would extend the benefit of AIM to taxpayers who have high turn- Manager can be contacted at vicky. over, but low margins on their sales, the Law Society says. ▪ [email protected]. 37 LawTalk 890 · 17 June 2016
The top 9 habits of a rainmaker
By Ben Paul
Most legal firmstend to have one or two people whom others look to with amazement and respect as those who can “build relationships and win work”. Typically called rainmakers, these individuals seem to have an innate gift to be able to develop and win work for themselves and the law firms they work in. Often, others look to them for help and advice, but in many cases it is not always that helpful. In my experience, I’ve heard phrases like “just do what I do” or “all you need to do is be Ben Paul proactive, go out and meet people and the work will come”. This lack of useful or practical advice isn’t necessarily due to the rainmaker not caring, or trying to be difficult, or protect the secrets of their success. It is most likely because rainmaking has become second nature to them, and it is almost impossible for them to point to what it is they do that can be taught and learnt. In many ways they are what we would term as “uncon- sciously competent” – that is to say these skills have become second nature to them and they may not even recall how they learned or picked them up. They find performing ❝ E ver wondered why a these tasks very easy. successful rainmaker reads Over the years I’ve worked with and observed several of these rainmakers and can share some of the “secrets” the morning paper? from these observations to help you unlock your client relationship building potential. 1. Make time for Business Development (BD) 3. Research the client’s This is simple and yes it’s effective. I’ve known a very market successful relationship builder in an accountancy firm Ever wondered why a successful rainmaker who had a regular Tuesday 10-10:30am, BD focus, recur- reads the morning paper or spends the early ring appointment in their diary. This appointment never part of their day on business, news or social moved and so the momentum was never lost. media sites? Well it’s simple – to understand their client’s world. They know that if they 2. Know who you want to talk to most can talk to them about the things that are This is more than just an organisation you desire to have as important to them, then they will build a a client. You can’t actually converse with Mr Microsoft or good relationship with them. Mrs Apple. Understand the clients you want to work with of course, but beyond that know who the people within 4. Share things of interest that organisation are that you need to build a relationship When I first started out, my first sales with. Do they have organisational power or influence? If mentor used to photocopy stories of inter- not, find out who does. est and post them to his clients, with a 38 17 June 2016 · LawTalk 890
organisationally or individually. I mean if they aren’t, and you can’t help them become successful, then what’s the point?” This in-built desire to help their clients was what made this individual so successful. 7. Make time for BD Okay I’m repeating myself BUT it is really important. If you don’t set aside time to do it, then it won’t happen. 8. Be engaging and have fun Listen to a client’s comments at the end of the meeting. With a great rainmaker they are usually along the lines of: “Hey that was fun, I actually learnt some useful things today”. So yes, having fun in a meeting is important, but the most important part is to have provided value to the person you have met, in the time you have spent with them. 9. Ask open and engaging questions Ones that build and develop trust. This is a really important topic and skill to develop. We will look at this in depth and give some practical advice for you in our next article in LawTalk. So in a nutshell, it’s about putting your short hand written memo. It was something I copied, very plans in place, setting aside the time to quickly. It was amazing how quickly this built trust and execute them and then providing value meant that clients looked forward to your calls, rather in the time you spend with your client, than dreaded them. Of course now it is much easier to which means you’ll need to think and plan share stories electronically, but the key is, of course, to for every meeting. ▪ still make them relevant and helpful to your client. Ben Paul is Director New Zealand for The 5. Respect everyone you meet Business of Trust. Ben has over 17 years’ experi- Often rainmakers are seen as extroverts, those who are ence in both New Zealand and the UK in business good with people. The truth is sometimes they are, but development and as a coach/facilitator. He can not always. Many great rainmakers are in fact introverts. be contacted at [email protected]. One thing they do understand, though, is to be courteous and polite to everyone they meet, regardless of their status within an organisation. They tend to take an interest in people and ask them questions. Simple stuff but very effective. 6. Strive to make your client successful I remember chatting to a rainmaker many years ago who said to me: “I’ve never understood why you’d want to work for anyone who isn’t successful, be that 39 LawTalk 890 · 17 June 2016
Towards a written constitution for New Zealand
By Lynda Hagen
The Law Foundation is backing work led by Matthew Palmer (now Justice Palmer) that former Prime Minister Sir Geoffrey Palmer found the New Zealand constitution was to draft a model New Zealand Constitution located in 45 acts of Parliament (including as a basis for public debate. six very old English acts), 12 international The project is based on Sir Geoffrey’s view treaties, nine areas of common law, eight Lynda Hagen that New Zealand’s present constitution is constitutional conventions, three and a half “dangerously incomplete, obscure, frag- executive orders, one prerogative instru- government accountability. mentary and far too flexible.” He says the ment, one legislative instrument and half Unlike other countries, nearly all of New country needs a constitution that is “fit for a judicial instrument. Zealand’s constitutional rules could be the modern age” to prevent governments “The current New Zealand constitution altered too easily by simple majorities of from abusing power. consists of a hotchpotch of rules, some MPs, he said. “Public power ought not to be Sir Geoffrey is an acknowledged consti- legally binding, others not. It is formed by at large, untethered and without anchors.” tutional expert, having been responsible a jumble of statutes, some New Zealand The proposed flexible New Zealand con- for the Constitution Act and the Bill of ones and some very old English ones; a stitution will be designed to protect the Rights Act, and for setting up the Royal plethora of obscure conventions, letters freedom of individuals, advance open and Commission that eventually led to adoption patent and manuals, and a raft of deci- transparent institutions and offer efficient of the MMP voting system. sions of the courts.” accountability mechanisms. He is working on the proposed draft con- He said that trying to understand the Public participation and involvement in stitution with constitutional expert and Law current New Zealand constitution was diffi- decision-making should be encouraged, he Foundation Chair Dr Andrew Butler. Their cult and frustrating. “It is unsurprising then said. A constitution was for the people, so work will be published as a book later this that New Zealanders speak little of their the authors would issue their proposals for year, along with a website to take public constitution and think about it even less. public feedback before making a formal comment on their proposals. Indeed, it might seem that the constitution submission to Government. The Foundation helped fund public is deliberately kept something of a mystery For example, the proposed new consti- awareness-raising around the Government’s so people will not bother about it.” tution would replace the Crown with a constitutional review panel in 2013. No The constitution was the foundation of legal entity of the State. Sir Geoffrey said change resulted from that process, nor was law and politics in any country and should it was possible to retain the monarchy and there any change following an earlier select be easy to find, so people knew the basic create the State, and whether the Queen committee review in 2005. rules of government and that public power then remained Head of that State would This time around, Sir Geoffrey and Dr was regulated. New Zealand was one of be up to New Zealanders. Butler aim to provide an “unofficial” model the few countries where a citizen could “Opinions will differ on what precise constitution to focus attention and stim- not find those rules from a single source. powers should be distributed where and ulate debate. “The unfilled spaces in our constitution this is an important reason whereby we Sir Geoffrey introduced the project need to be coloured in. People should be propose to take comments and submis- at a Victoria University symposium in able to know and see the rules that govern sions from the public before we express Wellington on 19 May, where he said that, those carrying out public duties. People our final view in 2017 on what should be in compared with overseas models, New should know what their fundamental rights a constitution for Aotearoa New Zealand.” Zealand’s constitution was highly unusual. are and how to enforce them. A single basic The book,Constitution Aotearoa, will be “It is fair to say that New Zealand’s con- law, accessible to all, allows that to occur.” published by Victoria University Press in stitution is highly flexible, that it evolves September 2016. with political developments, it has few Preserving freedom For more information on this and other fixed anchors and it is very hard to find.” Sir Geoffrey said the changes to be pro- Law Foundation-funded projects, visit posed were a necessary part of preserving www.lawfoundation.org.nz. ▪ Key difficulty democratic freedom in New Zealand, and A key difficulty was that it was not located of protecting the fundamental principles Lynda Hagen is the Executive Director of the in one place. He cited a 2006 study by Dr that anchor public power and strengthen New Zealand Law Foundation. 40 17 June 2016 · LawTalk 890
unlawful clients or refugee and protection Letters to the Editor claimants. In the immigration field we face a very LawTalk welcomes letters to the Editor. Letters should ideally be restricted to a maximum of uneven contest with Immigration New 450 words, although shorter letters are most welcome. Letters may be abridged or edited, and Zealand. There is a void left from branches LawTalk reserves the right to not publish any letter submitted. Letters should be sent to LawTalk losing the representative function in areas as either a Microsoft Word document or in a form that can be copied and pasted into a Microsoft not covered by sections. Many lawyers, Word document. They can be sent to [email protected]. as we have, have joined NZ Association of Migration and Investment and other industry groupings. That may indicate an unmet need. Immigration law Industry-wide bodies can address many issues but in reserved areas such as advice in immigration There doesn’t seem to have been much fanfare around detention, judicial review and appeal provisions, and most the 10th anniversary of the passage of the Lawyers and refugee and protection work, lawyers have a unique stat- Conveyancers Act (LCA) on 20 March 2006. That may be utory role. Ad hoc and informal solutions are insufficient. because its provisions did not come into force until 1 August NZLS is expected to speak for lawyers on these issues and 2008. Regardless of when we mark the anniversary, in the perceived as doing so, regardless of the fine print, when intervening years the nature of legal practice has contin- it attends consultative meetings. ued to evolve. The existing sections and Large Firm Corporation pre In the pages of LawTalk we hear increasingly of new dated the LCA and have seats on Council. Their key leader- niche practices and of firms with local presence but global ship role in NZLS is invaluable. But NZLS would be further reach. Professional networking increasingly is in areas of strengthened, not weakened, by giving all lawyers the speciality rather than just geographic areas. De-regulation option to join a relevant section. Other specialities could has opened up competition ranging from licensed convey- form sections to promote best practice, professional sup- ancers to licensed immigration advisers. CLE is moving that port and to represent concerns beyond the branch level. way too. In practice the role of Law Society branches has The Immigration bar of 300 or so lawyers plus maybe 200 been a networking and support but not an advocacy one. who “dabble” less frequently may be insufficient to form There are various specialist law reform committees doing a section. A “special jurisdictions” section could include excellent statutory submission work. However these are, immigration, employment, ACC, human rights and per- by definition, groupings of experts rather than represent- haps other administrative law based jurisdictions. On a ative committees formally representing members’ needs, bigger scale, a civil law section would not lack numbers. and in turn their diverse clients. Informal sub groups could then address niche areas. Could I have chaired a branch (formally District Law Society) Council or the Board test the waters with a poll of those Immigration and Refugee Committee and have also served indicating these specialities? on the national specialist committee in the past. As we reach the tenth anniversary of the passage of the Sections, however, have maintained a direct law reform LCA it is timely to review how the structures established “channel” which more closely responds to their membership are serving the needs of the profession. Geography remains needs. Sections also have a remit wider than just legisla- important but specialisation and niche areas of practice tive reform. In our immigration area 90% of change is non are undeniable trends. As a profession we need to change legislative. There is a gap. For example recently we were and adapt to evolving needs. told by Immigration New Zealand and the Ombudsman Creating new sections could bring new levels of engage- that we must structure our practice to respond to corre- ment within our profession to face these challenges. spondence during statutory holidays. A concession was Richard Small made for lawful clients but not for the most vulnerable Lower Hutt
The Diploma is comprised of four Advanced Certificates and offer the opportunity for those working in New Zealand to differentiate their service by becoming accredited trust and estate specialists. The blended learning course is delivered by STEP New Zealand, with two weekend workshops held at Auckland University of Technology, Auckland City Campus.
41 LawTalk 890 · 17 June 2016 Legal Information
Three new books on the Health and Safety at Work Act 2015
Reviewed by Dr Maria Pozza provides us with an overview of relevant changes and has more detail in com- parison to McKenzie’s book. It is laid The new regimen for health and safety at work has intro- out clearly with an index, and a table of duced a number of important changes. These include contents and legislation. The book also the establishment of a “Person Conducting a Business provides a handy table of documents or Undertaking” (PCBU) as well as identification of the including web links to the location of duties now placed on officers or workers, to name but a the documents on the internet. Included few. Important changes and lawyers working in any field Health and in the list are documents such as the Safety at Work may feel they need to find out more. in New Zealand: Construction Section Action Plan 2010- Know the Law Three books on the new Health and Safety at Work Act 2013 and other important fact sheets, as 2015 have arrived on the booksellers’ shelves in the last well as a plethora of other important documents which two months and perhaps these ought to find a place on will facilitate lawyers’ informed practice. law firms’ shelves as well. The book provides an invaluable resource for all prac- titioners and makes a conscious effort to offer useful Health and Safety at Work Act: A comparisons between the 1992 Act and the 2015 Act. It Practical Guide satisfactorily answers questions relating to definitional By Heather McKenzie usage of terminology, and incorporates useful analysis of This is exactly what it says it is – a short important and up-to-date cases. I highly recommend this and concise practical guide with notifi- book for those practitioners needing more than a summary cations of updates and changes in the overview of the topic. law of health and safety. A go-to book Thomson Reuters Ltd, 978-0-947486-01-3, April 2016, 266 for a brief overview, McKenzie’s book pages, paperback, $110 (GST and p&h not included). takes the refreshing approach of “talking to you” as opposed to “talking at you”. Tooma’s Annotated Health and Safety Including an excellent description of at Work Act 2015 scope of changes, the book finds a harmonious balance By Michael Tooma between content – including why changes came about and Finally, the heavyweight of the three providing a summary of changes which have occurred. books is Tooma’s annotated work. At A useful guide and concise at only 134 pages, plus an 652 pages and full of useful informa- index and appendix detailing background to the reforms, tion, Tooma’s book is an excellent and the book provides a summary of the following topics: defi- comprehensive resource for everyone in nitions of key terms, duties of duty holders, notifications the practice of health and safety law, but and record keeping in the work place, work participation its utility is further reaching than that. I and representation, and a useful synopsis of regulations recommend this book for anyone dealing as well as codes of practice and safe work instruments. with health and safety law or even policy. Importantly the book encompasses enforcement tools, The book effectively encompasses the entire Act and offences and penalties including legal proceedings and provides comments on each section. Tooma provides anal- sentencing. An excellent book for those requiring a con- ysis in a grey boxes located after the entry of a section cise overview of the health and safety law, I highly rec- number from the Act. Books of this sort are a beneficial ommend it. aid for those using or referring to the Act in their prac- LexisNexis NZ Ltd, 978-1-927313-24-4, March 2016, 148 pages, tice by offering insightful statutory interpretation with an paperback and e-book, $75 (GST included, p&h not included). excellent assessment of cases. Tooma’s analysis is careful to keep within both the legislative ambit of interpretation Health and Safety at Work in New of the Act as well as shed light on certain provisions of Zealand: Know the Law sections by referring to the complexities which have arisen By Rachael Schmidt-McCleave and Stacey Shortall in previous cases. Next in the range of new health and safety books is Rachael I learned much from the book and especially enjoyed Schmidt-McCleave and Stacey Shortall’s book. This work Tooma’s relaxed, readable and easily comprehensible 42 Legal Information 17 June 2016 · LawTalk 890
Domain Name Arbitration A Practical Guide to Asserting And Defending Claims of Cybersquatting writing style. The approach adopted by Tooma is both Under the Uniform Domain Name insightful and wise. I thor- oughly enjoyed reading this Dispute Resolution Policy book. Incorporating a subject table, comparative tables By Gerald M Levine Esq between the 1992 and 2015 Acts as well as a table of statutes/regulations, the Reviewed by Chris LaHatte book comprehensively covers the entire Act. Thomson Reuters New Dr Levine is a New York attorney with Zealand Ltd, 978-0-947486- a depth of experience in intellectual 37-2, April 2016, 652 pages, property matters. He has written widely paperback, $166.50 (GST and on many difficult topics including the p&h not included). Dispute Resolution Journal of the American Arbitration Association, the New York Law I have no hesitation in Journal and law school law journals. only to the generic top level domains and recommending all three So with this depth of experience, a text not to those run within a country as country books. McKenzie’s book from him on the somewhat specialised area code top level domains. Many countries is a comprehensive intro- of domain name arbitration would be a have their own regimes for protection, and duction to the subject and most useful adjunct to practice in this area. while the Uniform Domain Name Dispute ought to be read by every- When the Internet Corporation for Resolution Policy (UDRP) system has some one, irrespective of practice Assigned Names and Numbers (ICANN) impact on the decisions within those coun- area. Schmidt-McCleave first took over oversight of the domain tries, this text is only concerned with the and Shortall’s book is a name system, it became apparent that generic top level domains. It does have a balance between summary there was a need for a process to deal with brief appendix on some dispute resolution approach and providing a disputes between owners policies in English-speaking concise overview of impor- of trademarks and those countries, however, which tant cases, and should who sought to register ❝ A text contains the principal dif- make its way to all practi- domain names which were ferences in bullet points. tioners’ shelves who deal the same as or very simi- on the Another unique aspect of with health and safety at lar to an existing registered somewhat the UDRP system is that it is work. Tooma’s book is the trademark. not a creation of the juris- heavyweight with excep- The immediate problem specialised diction of any particular tional utility and analysis was that the registration country or of any particu- of the Act. of domain names is truly area of lar NGO or international All three books offer cross-border in a fashion domain name organisation. ICANN itself unique insights at their unique in the intellectual is a not-for-profit company respective levels of detail property world. A domain arbitration registered in California, and should serve the reader name can be owned by would be a but with offices across the well depending, of course, anyone anywhere in the world. But it recognised at on how much you want to world (with the exception most useful an early stage that there know about the subject! ▪ of some countries such as should be a system to deal North Korea) and a domain adjunct to with domain name dis- Dr Maria Pozza is a consultant name registrar can simi- practice in putes and worked with the lawyer with Christchurch law larly be located anywhere. World Intellectual Property firm Helmore Ayers. This, of course, applies this area Organisation (WIPO) to 43 LawTalk 890 · 17 June 2016
create an arbitration system described by Dr Levine as “transformative The closing chapters deal with selected in offering a form liberated from national jurisdictions”. rules of the UDRP policy so that the reader This creates a jurisdiction which is not based on either the jurisdiction is familiar with the procedural elements and of a particular country or upon treaty legislation agreed between multiple important matters such as single or multiple parties. This aspect makes the body of jurisdiction the first truly global complainant’s and multiple domain names body of law that perhaps reflects the global nature of the Internet itself. and consolidating proceedings. There has, of course, been some academic study of the UDRP system He discusses the issue of timing to file and the jurisdiction created since 1999. However I believe that this text submissions and the consequences of is the first to offer an analysis of the reported cases expressed as a prac- default. There is a brief discussion about the tical guide, drawing out the principles by reference to those cases. This constitution of the arbitral panel. It would is another unique aspect of an arbitration system. An arbitration is a be a very minor criticism that he does not private adjudication between the parties, and it is most unusual for the go into the issue of appointing a single or result to be published. Some judges have lamented the loss of reported three-member panel. Experienced counsel decisions to the world of arbitration and a diminishment of stare deci- in this area have expressed firm views on sis as a result. But the UDRP system has published the results from the the advantages of a three-member panel, beginning. Dr Levine helpfully discusses how the body of jurisprudence particularly in complex cases. Similarly developed from the cases as they were first reported and how principles there is no substantial discussion on the were developed in a fashion similar to that of a common law jurisdiction. choice of the provider whether it is WIPO, Of course those parties taking advantage of the system have also drawn Forum, and the Asian, Czech and Arab upon the body of law from trademark and other sources. Centres for Domain Dispute Resolution. To It is increasingly common to see UDRP decisions which contain citations some extent this is a preference based on from precedent decisions, and so the factual language but the most substantial numbers analysis and legal analysis by Dr Levine of disputes file are certainly with WIPO. provides a resource to enable the parties ❝ The analysis of Finally he deals with the consequences to glean the relevant principles. and the issues before, during and after the legal principles UDRP proceedings in the courts of com- Authoritative guide does go into some petent jurisdiction, and compares the The text is intended to provide an authori- remedies with proceedings such as relief tative guide to the principles and begins by depth, and it would under the ACPA legislation, with a brief outlining the historical development of the discussion on the United Kingdom rules. process, and discussing the legislation and not surprise me to Practising lawyers guide architecture of the UDRP, together with a see this text cited useful discussion of jurisprudence. In summary, this is the practising lawyers He then deals with the contractual basis in panel decisions guide, rather than an academic discussion. for the UDRP, followed by the scope of the However the analysis of the legal principles UDRP. This is a particularly useful section, in the future does go into some depth, and it would not sadly not considered by a reasonable surprise me to see this text cited in panel number of parties who seem to be sur- decisions in the future. prised when the panel rejects claims such The summaries of the issues are succinct and clear. There is no index, as business disputes or disputes between which is a little surprising, although the table of contents is fully detailed. former partners. During the course of reading the text and preparation of this review, Dr He then deals in some detail with the Levine thoughtfully provided an update, which he described as a work in complainant’s burden of proof, and sets out progress. That clarifies and adds to some of the discussion throughout the text. a comprehensive list of thresholds and tests. Because it is a practical guide, the citations are virtually all of reported He has a valuable section on the issue decisions although where appropriate there are references to the ICANN of unregistered trademarks, which can be rules and comments on those rules. used particularly in civil jurisdictions to While the decisions are relatively easy to find on the provider websites, found a successful claim. The other side of this text can be used as a one-stop-shop for a domain name litigator, and I the coin is the respondent’s lack of rights or expect that it will be found on the desks of all lawyers who practise in this legitimate interests under the policy, and field. I certainly would recommend purchase for anyone practising in this there is a careful analysis of issues such area, including lawyers, domain investors and those involved in ICANN. ▪ as priority, legitimate interests, proving a Domain Name Arbitration, A Practical Guide to Asserting And Defending Claims prima facie case, using domain names in of Cybersquatting Under the Uniform Domain Name Dispute Resolution Policy, bad faith and the issues in relation to these. Legal Corner Press, 978-0-9915829-0-7, 2015, 531 pages, paperback, $176.60 He has an extensive section on evidence (excluding GST p&h). where a respondent has registered and used a domain name in bad faith, followed by Chris LaHatte is a Wellington barrister with a practice that covers litigation, medi- a section on proving rights or legitimate ation and dispute resolution. He is the ICANN Ombudsman and reports directly interests in the disputed name. to the ICANN Board. 44 17 June 2016 · LawTalk 890
Topping Up Stepping Up — How to refresh your Stepping Up qualification
By Jane Battersby repeat Stepping Up. ing the Stepping Up materials, completing In Stepping Up, candidates read and a business plan, writing answers to four Topping Up Stepping Up is a revision course assimilate a substantial amount of infor- exercises and completing a test on trust for practitioners who have satisfactorily mation, prepare answers to exercises and acounting (barristers exempt). We expect completed Stepping Up but have not com- identify questions they want answered. that this work will take 10 to 20 hours to menced practice on their own account At the two-and-a-half day workshop they complete, after which it will be marked within the required two years. learn from presentations, discussions with and commented upon. If you have done Stepping Up, but have others and their own reflections. Once the work is completed satisfactorily, let the two-year window pass and now Topping Up Stepping Up places a heavy you will then have two years to commence wish to commence practice on your own emphasis on the candidate demonstrating practice on your own account. account, Topping Up Stepping Up is for you. that they have learned from and reflected For more information and a registration It will give you another two years in which upon their attendance at Stepping Up so form, see www.lawyerseducation.co.nz. If you to enter practice, although there are some that they remain prepared for commencing have any inquiries, contact CLE – 0800 333 time limitations – see below. practice on own behalf. There is no face-to- 111 or [email protected]. ▪ You must apply to do Topping Up Stepping face tuition. The candidate must complete Up within three years of the expiry of the reading and work and send it to NZLS Jane Battersby is the course administrator achieving the Stepping Up qualification. If CLE within the time allowed (10 weeks of for NZLS CLE’s Topping Up Stepping Up and you do not begin Topping Up Stepping Up the materials being dispatched). Stepping Up courses. within that three-year period, you must The work for the course includes review-
Law is a fulfilling profession, but it can Healthy also be a stressful one. Practising Well aims to provide a starting point for any lawyer who is concerned about their Mind own welfare or that of their colleague. The New Zealand Law Society has Healthy three partners involved in its Practising Well programme. They are: • Lifeline Aotearoa – healthy mind Body • Vitality Works – healthy body Healthy • Business Mentors – healthy practice Practice
lawsociety.org.nz/practising-well
45 CPD Calendar
PROGRAMME PRESENTERS CONTENT WHERE WHEN CIVIl lITIGATION
INTRODuCTION TO HIGH Sandra Grant This workshop is an excellent opportunity for recently Wellington 17-18 Oct COuRT CIVIl lITIGATION Roderick Joyce QSO QC admitted practitioners to develop practical skills in civil Christchurch 21-22 Nov SKIllS Nikki Pender litigation in an intense small-group workshop. You will learn Paul Radich QC how to handle a single file from beginning to end, be able 9 CPD hours Pru Steven QC to identify and understand the various steps in the process, James Wilding develop the practical skills you need to handle this and a range of other litigation files, competently and confidently.
COMMERCIAl
CONTRACT – THE lAW Paul David QC This webinar will consider the recent reformulation of the law Webinar 29 Jun OF PENAlTIES by the UK Supreme Court in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd, its influence on New Zealand 1 CPD hour law and the practical consequences for lawyers working with contracts.
CONSTRuCTION lAW – Chair: It’s a busy time for the construction industry with the rebuild Christchurch 10 Aug A PROJECT lIFE CYClE in Canterbury, earthquake strengthening and continued high Andrew Skelton Auckland 11 Aug levels of activity in Auckland. This intensive is based on a 6 CPD hours project life cycle - covering the main stages of a construction project, picking out important legal and practical issues that lawyers need to be aware of.
CRIMINAl
DuTY lAWYER TRAINING Local Presenters Duty lawyers are critical to the smooth running of a District Various Feb-Nov PROGRAMME Court list. Here is a way to gain more of the knowledge and skills you need to join this important group. This workshop is made up of several parts. 11* CPD hours *CPD hours may vary, see website
PRACTICE & PROFESSIONAl SKIllS
STEPPING uP – Director: All lawyers wishing to practise on their own account whether Wellington 8-10 Sep FOuNDATION FOR Stuart Spicer alone, in partnership, in an incorporated practice or as a Auckland 17-19 Nov PRACTISING ON OWN barrister, will be required to complete this course. (Note: ACCOuNT From 1 October 2012 all lawyers applying to be barristers sole are required to complete Stepping Up). Developed with the 18.5 CPD hours support of the New Zealand Law Foundation.
TRuST ACCOuNT Philip Strang To qualify as a trust account supervisor, you must complete Hamilton 13 Jul SuPERVISOR TRAINING Andrew Fletcher 40-55 hours’ preparation, attend the assessment day and pass PROGRAMME all assessments.
7.5 CPD hours
uNDERSTANDING Virginia Goldblatt; Mediation knowledge and skills are an increasingly important Wellington 28-30 Oct MEDIATION – MEDIATION plus either adjunct to legal practice. Many more clients are taking disputes FOR lAWYERS PART A David Patten; OR to mediation (because it works) and the more that legal Geoff Sharp advisers know about how it works the better. In addition, 14.5 CPD hours practice as a mediator extends the service that lawyers can offer the public.
For our Full CPD calendar with programme details see www.lawyerseducation.co.nz Online registration and payment can be made at: CPD Calendar www.lawyerseducation.co.nz
PROGRAMME PRESENTERS CONTENT WHERE WHEN PROGRAMME PRESENTERS CONTENT WHERE WHEN CIVIl lITIGATION PROPERTY
INTRODuCTION TO HIGH Sandra Grant This workshop is an excellent opportunity for recently Wellington 17-18 Oct NEW RESIDENTIAl Keiran Kennedy A new withholding tax will have significant implications Webinar 12 Jul for both conveyancers and their offshore clients. This COuRT CIVIl lITIGATION Roderick Joyce QSO QC admitted practitioners to develop practical skills in civil Christchurch 21-22 Nov WITHHOlDING TAx Duncan Terris SKIllS Nikki Pender litigation in an intense small-group workshop. You will learn Stephen Tomlinson new withholding tax, called residential land withholding Paul Radich QC how to handle a single file from beginning to end, be able 1.5 CPD hours tax, applies from 1 July 2016 to offshore persons who sell
9 CPD hours Pru Steven QC to identify and understand the various steps in the process, residential land within two years of acquisition. A panel of James Wilding develop the practical skills you need to handle this and a experts representing Inland Revenue, a tax and a property range of other litigation files, competently and confidently. law specialist will help you understand when this new withholding tax applies and what it means for you and your clients. COMMERCIAl RESIDENTIAl PROPERTY Lauchie Griffin This small group intensive workshop offers you the Christchurch 25-26 Jul CONTRACT – THE lAW Paul David QC This webinar will consider the recent reformulation of the law Webinar 29 Jun TRANSACTIONS Nick Kearney opportunity to be guided step-by-step through the Wellington 1-2 Aug OF PENAlTIES by the UK Supreme Court in Dunlop Pneumatic Tyre Co Ltd v Michelle Moore conveyance of a stand-alone fee simple residential dwelling, New Garage and Motor Co Ltd, its influence on New Zealand Hamilton 15-16 Aug 13 CPD hours Duncan Terris a cross-lease dwelling and a unit title property. 1 CPD hour law and the practical consequences for lawyers working with Auckland 29-30 Aug contracts.
IN SHORT - AuCKlAND CONSTRuCTION lAW – Chair: It’s a busy time for the construction industry with the rebuild Christchurch 10 Aug A PROJECT lIFE CYClE in Canterbury, earthquake strengthening and continued high Andrew Skelton Auckland 11 Aug WIllS AND ESTATES Vicki Ammundsen The presenters will take an interactive approach in Auckland 5 Jul levels of activity in Auckland. This intensive is based on a – CHAllENGES IN Stephen McCarthy considering the role of good will advice and drafting 6 CPD hours project life cycle - covering the main stages of a construction PRACTICE practices in the context of will validity applications and project, picking out important legal and practical issues that estate challenges from the perspectives of a lawyer in lawyers need to be aware of. 2 CPD hours private practice and a family law barrister. This In Short is based on the Family Law Conference in October 2015 and the Auckland CPD Top-Up Day in February 2016. CRIMINAl
DuTY lAWYER TRAINING Local Presenters Duty lawyers are critical to the smooth running of a District Various Feb-Nov MAxIMISING YOuR ROlE Rowena Boereboom Success for today’s lawyer is not just about the practice of Auckland 28 Jul PROGRAMME Court list. Here is a way to gain more of the knowledge and Andrew Peskett law. As trusted advisors, general counsel and senior legal skills you need to join this important group. This workshop is counsel have the opportunity to be at the forefront of made up of several parts. 2 CPD hours 11* CPD hours business and influence business strategy. This presentation *CPD hours may vary, see website will look at the key methodologies and alternative business inputs that can provide real strategic value to your organisation and improve your sphere of influence across PRACTICE & PROFESSIONAl SKIllS your organisation.
STEPPING uP – Director: All lawyers wishing to practise on their own account whether Wellington 8-10 Sep RESOuRCE Christian Brown This presentation is aimed at general practitioners whose Auckland 2 Aug FOuNDATION FOR Stuart Spicer alone, in partnership, in an incorporated practice or as a Auckland 17-19 Nov PRACTISING ON OWN barrister, will be required to complete this course. (Note: MANAGEMENT ACT Bill Loutit work has to periodically address Resource Management ACCOuNT From 1 October 2012 all lawyers applying to be barristers sole ISSuES Act issues. It will consider issues that you are likely to face are required to complete Stepping Up). Developed with the in your work, what you need to know and when to call in an expert. It will consider these issues from the perspective 18.5 CPD hours support of the New Zealand Law Foundation. 2 CPD hours of a resource management litigator in private practice and in house senior lawyer from the Auckland Council also specialising in resource management matters. TRuST ACCOuNT Philip Strang To qualify as a trust account supervisor, you must complete Hamilton 13 Jul SuPERVISOR TRAINING Andrew Fletcher 40-55 hours’ preparation, attend the assessment day and pass PROGRAMME all assessments.
7.5 CPD hours
uNDERSTANDING Virginia Goldblatt; Mediation knowledge and skills are an increasingly important Wellington 28-30 Oct MEDIATION – MEDIATION plus either adjunct to legal practice. Many more clients are taking disputes FOR lAWYERS PART A David Patten; OR to mediation (because it works) and the more that legal Geoff Sharp advisers know about how it works the better. In addition, 14.5 CPD hours practice as a mediator extends the service that lawyers can offer the public.
| www.lawyerseducation.co.nz For our Full CPD calendar with programme details see www.lawyerseducation.co.nz To contact us Visit: Email: [email protected] | Phone: CLE information on 0800 333 111. LawTalk 890 · 17 June 2016
conflict of interest arose, and that he had falsely witnessed Mrs P’s signature on A and Lawyers I forms and falsely certified the execution of the documents to LINZ. “Mr Parshotam had said, in explanation, Complaints Service that at his first meeting with the multiple parties Mrs P had requested that in future she not be required to attend the office, for the lender that her signature on the loan for religious reasons, and that she would agreement had been forged. That solicitor sign the documents and return them for Mr Suspended for told her that he had been assured by Mr Parshotam to witness. In this case there is Prashotam that he had advised Mrs R on no suggestion of a false signature or that negligence the guarantee and witnessed her signature. Mrs P did not sign the documents.” The solicitor told Mrs R that Mr Parshotam In response, Mr Parshotam said it would Auckland lawyer Bharat Parshotam has was a practitioner of many years’ experi- have been sensible for him to have “at least been suspended from practising for nine ence and high integrity, whom he believed. obtained waivers in respect of the disputed months from 1 June 2016 by the New Zea- “Thus Mrs R was put in the position property”. He also acknowledged that Mrs P land Lawyers and Conveyancers Discipli- of being called a liar by Mr Parshotam’s did not sign the A and I form in his presence. nary Tribunal. (misled) colleague,” the Tribunal said. He said that having time to reflect, he In [2016] NZLCDT 15 Mr Parshotam admit- “It is troubling that Mr Parshotam was made an error when agreeing to the conces- ted charges of negligence or incompetence prepared to lie to another solicitor about sionary practice Mrs P had sought. “Against of such a degree as to reflect on his fitness his own client and at a time when he was my better judgment [sic] and usual strict to practise or as to bring his profession aware that the lender was taking steps to practice, I relented to the request because into disrepute. enforce the mortgage over the home.” I was swayed not only by the client, but The charges arose from complaints by Mrs R instructed new lawyers and also the practice adopted by a senior prac- two separate clients. In both instances Mr sought to obtain files relating to the sale. titioner. It was a unique circumstance but Parshotam falsely witnessed documents he Mr Parshotam did not provide them for a one which, in hindsight was unwise”. had not seen signed by the clients. significant time. He then said: “I sincerely regret making He then falsely certified to Land Informa- When she did not receive her files, Mrs R an exception for them to my usual practice.” tion New Zealand that he had witnessed the complained about the whole transaction to Finally, Mr Parshotam said: “I assure you signing of loan documents and authority the New Zealand Law Society. In response that the departure from my usual practice and instruction forms respectively. to her complaint, Mr Parshotam wrote to when it comes to witnessing was unique the Law Society refuting the complaint. given this particular set of circumstances One complaint “This was not just a bare denial. It was a and that I will not be granting such a con- In one of the complaints, Mr Parshotam four-page letter of elaborate deception and cession again”. had failed to witness a Mrs R’s signature blaming of his client,” the Tribunal said. “This was another blatant lie made at on four documents. Mrs R responded to that letter by disa- a time when Mr Parshotam knew of the Mr R had forged Mrs R’s signature and she greeing with all of the points Mr Parshotam R complaint and his false witnessing of knew nothing of the loan that was secured made, annexing a timesheet demonstrating the documents in that matter also,” the against their jointly owned property. The that she had been at work on the day when Tribunal said. “At this point, of course, he Tribunal noted that there was no sugges- she had allegedly signed the mortgage. had not acknowledged that other lapse to tion that Mr Parshotam was involved in “She also attached a report from a hand- the NZLS.” or knew of this forgery. writing expert, which assessed the signa- Subsequently the couple separated after tures as forged, and confirmed an opinion High end negligence Mrs R discovered her husband’s deception. that the forgery was by her husband.” The Tribunal said the conduct involved “high “Mr Parshotam says that he had acted Some six weeks later Mr Parshotam filed end negligence” and Mr Parshotam’s errors for Mr and Mrs R for many years and com- an affidavit with the Law Society acknowl- of judgement were serious and multiple. pletely trusted Mr R. He accepted Mr R’s edging the complaint and sincerely apolo- “This practitioner had made a number of explanation that his wife was too busy at gising for the misleading response. serious errors, in terms of falsely witnessing work to attend the practitioner’s office and “He professed to have been under severe documents and then certifying that he had allowed Mr R to take the documents away stress and said he had reacted inappropri- done so, and failing to deal properly with a for signature,” the Tribunal noted. ately instead of admitting immediately to conflict of interest, that show a disturbing “This occurred in early July 2014. Mrs R the NZLS that he had fallen below his own, pattern,” the Tribunal said. became aware of this fraud in April 2015 and prescribed, professional standards.” “He has also shown to have lied in his and confronted her husband who admitted professional role to colleagues, clients and his forgery. This apparently followed Mrs R Second complaint the disciplinary body of his profession. discovering in March 2015 that their home Mr and Mrs P complained to the Law Society These actions raise clear questions about had been sold without her knowledge.” that Mr Parshotam had acted for multiple his fitness to practise.” Mrs R alerted the solicitors who had acted parties on a property transfer where a clear The Tribunal accepted that Mr Parshotam 48 17 June 2016 · LawTalk 890
had not engaged in wilful or reckless breach previously acted for Mr and Mrs A. Ms C did finally receive a statement, but of the relevant rules, that the conduct was It was intended that Mr A and Mr B Mr Jefferies still refused to provide her not for personal gain and also that he had a would work together to build a house on with copies of the RWT certificates on the high standing in the community. However, the section that would ultimately be sold basis that the trust ledger was in the name he had four previous findings of unsatis- and the profits shared. of the partnership and Mr and Mrs A had factory conduct against him. The parties decided the title of the prop- instructed him not to provide them to Ms C. As well as suspending Mr Parshotam, erty would be held by Mr A and Ms C as the Tribunal ordered him to pay the New tenants in common in equal shares. Mr Should not have acted Zealand Law Society $10,531 standards Jefferies recommended and drafted a part- “On the information provided it is ques- committee costs and $4,197 Tribunal costs. ▪ nership agreement, but the parties later tionable whether Mr Jefferies should have instructed him that they did not want to agreed to act for the parties in the sale of go ahead with the written agreement. the property,” the standards committee said. The purchase was completed and the He was aware that “there was always Censure and building commenced. the potential for a dispute between the In March 2008 Ms C and Mr B separated. parties, given the background. fine for ‘serious In July 2008 Mr B placed a Notice of Claim “Accordingly, in the committee’s view over the property. In September 2008 he there was at the outset more than a negli- failures’ stopped paying towards the costs of the gible risk that Mr Jefferies would be unable building and in November 2008 he stopped to discharge the obligations owed to all of Peter Jefferies has been censured and fined working there. the parties and he should not have agreed $10,000 by a lawyers standards committee Mr and Mrs A completed the build in to act in the first place.” for “serious failures” in meeting his pro- consultation with Ms C. Even if he did consider he was able to fessional and trust account obligations. The property was sold. Mr and Mrs A discharge his obligations to all parties, it In determining that there had been and Ms C instructed Mr Jefferies in relation did not appear that he complied with Rule unsatisfactory conduct by Mr Jefferies, to the sale. They also instructed him that 6.1.1 of the Rules of Conduct and Client Care the committee found that: they had reached agreement in relation to by obtaining the prior informed consent ▪▪ he had accepted instructions when there how the sale proceeds should be divided. of all the parties. was more than a negligible risk that he In order to settle the sale, Mr B has to con- When it became clear that he was no would be unable to discharge his obli- sent to the Notice of Claim being released. longer able to discharge his obligations to gations to all of the parties; Mr Jefferies provided an undertaking to all the parties “Mr Jefferies should have ▪▪ even if he did consider he was able to Mr B’s lawyer. This provided for distribu- immediately informed the parties of this discharge his obligations, he failed to tion of some sale funds and to: “hold the fact and terminated the retainer with all obtain the prior informed consent of balance of the sale funds: the parties. the parties; ▪▪ until the relationship property issues “However, he did not do so and contin- ▪▪ he continued to act when it became clear between [Ms C] and [Mr B] are con- ued to follow Mr and Mrs [A]’s instructions he was no longer able to discharge his cluded; but for a period of time, to the detriment of obligations to all the parties, when he ▪▪ if an agreement is not reached by [date] Ms [C], who was also a client of his in the should instead have informed all his then the division of the balance of the sale transaction.” clients he could no longer act for them; proceeds will be submitted for determi- That was unsatisfactory conduct, the ▪▪ he provided an undertaking containing nation by the President of the Waikato committee said. terms that were unable to be carried out, Bay of Plenty Law Society whose decision and when he found the terms could not shall be binding.” Undertaking be carried out did not communicate In the interim, Mr and Mrs A became disillu- Mr Jefferies gave an undertaking that if with clients in an attempt to resolve sioned and wanted to change the agreement agreement was not reached … the divi- the matter; and they reached with Ms C in relation to the sion of the balance of the sale proceeds ▪▪ he breached Trust Account Regulations division of sale proceeds. In particular, they would be submitted for determination by and the Lawyers and Conveyancers Act sought to retain all the interest accrued on the President of the Waikato Bay of Plenty 2006 by failing to give a client a complete the funds held in the trust account. Law Society. That was not, in fact, a pro- and understandable statement of all trust Ms C stated that to complete the final cedure that was available. money handled for a client. division of relationship property, the Family “In the committee’s view, Mr Jefferies The committee said it considered Mr Court required confirmation of the funds should have ensured that any undertaking Jefferies’ conduct was at the “higher end held by Mr Jefferies. Ms C’s counsel provided given by him was capable of being com- of the spectrum of unsatisfactory conduct”. Mr Jefferies with a draft affidavit to swear, plied with. In providing the undertaking setting out the agreement reached with that Mr Jefferies did, he placed himself in a The facts Mr and Mrs A. Mr and Mrs A instructed Mr situation where he was unable to honour it. In 2005 two married couples – Mr and Mrs Jefferies not to swear it and so he had not. “It is also clear that if there is an inabil- A, and Mr B and Ms C – decided to purchase Despite a number of requests, Ms C did ity to perform an undertaking because of a section and instructed Mr Jefferies to act not receive any trust account statements or some supervening events, the practitioner in relation to the purchase. Mr Jefferies had Resident Withholding Tax (RWT) certificates. is required to immediately inform the party 49 LawTalk 890 · 17 June 2016
to whom the undertaking was given.” stated that her client’s bank did not permit criticised. L was acting in his client’s inter- It appeared that Ms C was told that the her to discharge the mortgage before receipt ests in an attempt to resolve C’s objections process had changed which made the of the loan repayment funds. to settlement in the manner L suggested. undertaking unenforceable. “This is not Settlement did not take place at that stage However, the LCRO noted that L had entirely accurate as the process contained because of the impasse between the parties. communicated directly with C’s clients, in the undertaking had never existed in the Three days after settlement was sched- and said that L should not have done this, first place,” the committee said. uled, L issued a settlement notice and sent in light of Rule 10.2 of the Rules of Conduct “When [Mr Jefferies] found out it was an email directly to C’s client. He also wrote and Client Care. incapable of being performed, he should to C’s client’s bank, which happened to be Rule 10.2 states that “a lawyer acting in have communicated properly with [Ms C’s the same bank that was advancing funds a matter must not communicate directly lawyer] and [Ms C] in an attempt to resolve to his client for the purchase. with a person whom the lawyer knows the matter. In the email to C’s client, L advised that is represented by another lawyer in that “The committee considers that the pro- he had issued a settlement notice and that matter except as authorised in this rule”. vision of an unenforceable undertaking is court proceedings would be issued against “This principle is equally applicable to conduct that falls short of the standard of them if the settlement notice expired. He clients represented by a conveyancing competence and diligence that a member also advised that interest for late settlement practitioner, and I see no reason why the of the public is entitled to expect of a rea- was accruing. principle should not apply to all circum- sonably competent lawyer and amounts In the letter to the bank, L advised that stances where a person is represented by to unsatisfactory conduct.” settlement had not proceeded. He also set a non-lawyer in a professional context,” The committee said that information out in detail the reasons why settlement the LCRO decision said. about the funds held on trust should have had not proceeded and, in particular, the “To excuse [L]’s conduct by taking the been disclosed upon request to Ms C. “Mr reason C advanced that she could not point that [C] was not a lawyer is adopting Jefferies should also have been providing release the discharge of mortgage without a particularly technical approach that does statements to Ms [C] at regular intervals receipt of funds from L. not recognise the general application of of no more than 12 months from October L asked the bank to clarify its instructions the principle behind Rule 10.2.” 2010 to date.” to C and confirm that she could release the The fact that he did not do this was unsat- discharge of mortgage against L’s undertak- High Court judgment isfactory conduct. ing to remit the settlement monies upon In [2015] NZHC 916, the High Court over- As well as the censure and fine, Mr receipt of the documents in the accordance turned the LCRO decision on two grounds. Jefferies was ordered to pay $2,500 costs. ▪ with the PLS remote settlement protocol. Firstly, it found that the LCRO had denied L advised settlement occurred in that L the opportunity to put his case. Secondly, manner and the transaction was settled. Justice Karen Clark also found that the C subsequently complained that L acted LCRO had interpreted rule 10.2 too widely. High Court unprofessionally. “I am in no doubt that [L] did not breach r 10.2 and that the LCRO was in error when overturns LCRO Standards committee he determined that [L] should have com- A standards committee determined to take plied with r 10.2 as if [C] were a lawyer,” decision no further action in respect of the com- Justice Karen Clark said in her judgment plaints. The committee gave the following dated 6 May 2016. The High Court has overturned a decision reasons: The LCRO’s approach “is not justified by of the Legal Complaints Review Officer 1 The lawyer’s letter to the vendor’s bank the plain and unambiguous language of (LCRO) in which the LCRO stated that a was entirely appropriate in that it made a rule such as r 10.2” and “it is unneces- lawyer should not make direct contact with it clear to the recipient on whose behalf sary and undesirable to have recourse to the client of a conveyancing practitioner. the lawyer was acting. It set out the sit- principles of ‘minimum standards’ in the In LCRO 249/2014, the LCRO reviewed a uation factually, and proposed a reason- face of such precise and certain language”. case where a licensed conveyancing prac- able resolution to enable the settlement Justice Clark referred to the comments titioner, C, complained about a lawyer, L. to proceed. of Justice Dobson in a similar disciplinary They were acting for the parties in a prop- 2 In order to protect and promote the context: “It is desirable that rules of profes- erty transaction. interests of a client, a lawyer is enti- sional conduct be applied as specifically as In accordance with the protocol for tled to communicate directly with any possible, rather than requiring adherence remote settlement recommended in the person, other than a person whom the to general standards that may be difficult Property Law Section’s E-Dealing Practice lawyer knows is represented by another to interpret and apply.” Guidelines, L – acting for the purchaser – lawyer in that matter, for the purpose of Justice Clark also looked at the question required the e-dealing to be released by C advancing his or her client’s interests. of whether the LCRO had given L a fair against his undertaking to remit the funds hearing. to her and declined to accept her under- LCRO review She noted that L had been led by C’s taking to do so after receipt of payment On a review of the standards committee application for review to understand that from him. decision, the LCRO considered that L’s con- the remedy C sought was a change in the C declined to settle on this basis as she duct in contacting the bank could not be Conduct and Client Care Rules. L concluded 50 17 June 2016 · LawTalk 890
Brent William Marshall Cresswell that his conduct was not at issue. Would any lawyer holding a will for the above In his submission to the LCRO, L said named, late of 4c Percival Street, Wellington, born “that the application is not an application on 10 July 1943, please contact Nicola Coombes, Saunders & Co: for a review of the decision of the Hawkes [email protected] Shirley Anne Noakes Bay Standards Committee but an applica- 03 940 2435 or 022 1336 963 Would any lawyer holding a will for the above tion to amend the Client Care Rules”. PO Box 19520, Christchurch 8441 named, late of Regency Home & Hospital, 60 “A fair hearing before the LCRO would Onewa Road, Northcote, Auckland and 45 Bruce Rex Allan Donaldson have seen [L] being put on the ‘right Road, Glenfield, Auckland, who died on 28 April Would any lawyer holding a will for the above 2016, please contact Peter Langdon, Langdon track’ by the LCRO having regard both to named, late of Waihi, Fitter Welder, born on 3 & Co, Lawyers: the LCRO’s line of reasoning and that it November 1956, who died on 26 April 2016, please [email protected] passed [L]’s apparent understanding of contact Courtney Murray, McCaw Lewis Limited: 09 489 7051 09 486 3094 [email protected] the application like a ship in the night,” PO Box 33-752, Takapuna, Auckland 0740 07 958 7437 07 834 3062 Justice Clark said. PO Box 9348, Hamilton 3240, DX GP20020 Damian Lee Maungarongo Tai “With minimal formality and without Would any lawyer holding a will for the above named, compromising expedition [L] could have Gary Peter Gardner late of 328 Western Hills Drive, Central, Whangarei, Would any lawyer holding a will for the above been given an opportunity to say something Forestry Worker, who died at Whangarei Hospital on named, late of 81 Ventry Street, Alexandra, who 25 March 2016 aged 37 years, please contact Shelley relevant to the LCRO’s proposed approach died on 19 May 2016 in Alexandra, please contact Power, Public Trust: and he should have been given that oppor- Kieran Tohill, AWS Legal, Alexandra: [email protected] tunity. To the extent he was not he was [email protected] 06 974 6126 03 440 0026 03 448 6079 PO Box 249, Hastings 4156 , DX MX10020 denied a fair hearing. PO Box 268, Alexandra 9340 “The LCRO’s determination was reached Te Whe Ariki Piripa - nee Hutana in error. As well, [L] was denied a fair oppor- Ian Maurice Henderson Would any lawyer holding a will for the above tunity to put his case. That said there is little Would any lawyer holding a will for the above named, aka Te Whe Ariki Phillips, who died at named, late of Hamilton, who died on 21 June Rapaki on 12 May 2016, please contact Leanne to be gained in subjecting the parties to the 2008, please contact Layne Herbert, marsden Overend, Williams Mckenzie: further expense and effort of a rehearing and Woods Inskip Smith: [email protected] I make no such order,” Justice Clark said. ▪ [email protected] 03 311 8146 03 3134030 09 438 4239 09 438 4730 PO Box 46, Rangiora 7440, DX WP29504 PO Box 146, Whangarei 0140 Julia Ngaronoa Selkirk Wills Michael Ivan Kelly Would any lawyer holding a will for the above Would any lawyer holding a will for the above named, late of 33 Pirika Street, Dargaville, please Boyd, Alan named, late of 83 Marlborough Avenue, Glenfield, contact Lisa Walsh, Brookfields Laywers: Brown, Bazil Taumanui Auckland, Truck Driver, born on 11 June 1964, who [email protected] died on 18 March 2016 aged 51 years, please contact Donadlson, Rex allan 09 979 2219 DX CP23134 Irene Tulloch, Harold Kidd Law: Cresswell, Brent William Marshall [email protected] Matangaro Taramai Gardner, Gary Peter 09 443 7433 09 443 7434 Would any lawyer holding a will for the above Henderson, ian Maurice PO Box 40294, Glenfield 0747, DX BP64509 named, late of 19 Colombo Road, Masterton, born Kelly, Michael Ivan on 1 March 1985, who died on 10 March 2016, please Khan, Shazneen Shazneen Khan contact Robert Barnes, Solicitor: Would any lawyer holding a will for the above named, MacFarlane, James Andrew 09 418 0763 09 418 0332 previous married name Lawler, Maiden name Shadid, PO Box 34 154, Birkenhead, Munro, Phyllis Marjory last known address 364c McKenzie Road, Waiau Auckland 0746, DX BP65501 Noakes, Shirley Anne Pa, or 101/43 Virginia Avenue East, Eden Terrace, Piripi, Te Whe Ariki Auckland, born on 23 October 1979 in Lautoka Fiji, Tai, Damian Lee Maungarongo who died on 3 April 2016 in Auckland, please contact John Lamborn, Inder Lynch: Selkirk, Julia Ngaronoa [email protected] Taramai, Matangaro 09 238 4166 09 238 9589 PO Box 362, Pukekohe 2340, DX EP77011 NORMAN CLYDE EARL Alan Boyd Would any lawyer, particularly in the Auckland area, James Andrew MacFarlane Seeking any information holding a will for the above named, formerly of 56 Would any lawyer holding a will for the above regarding the above-named Mangere Road, Otahuhu, Auckland, but recently of named, born on 25 April 1979 in Takapuna, who owned property at Rose Lodge, 2 Liverpool Street, Epsom, Auckland, Auckland, who died on 23 April 2016, please contact Whangaparaoa in 1977. please contact Nikki Berney, Public Trust: Emma Foster, Martelli McKegg: Information is sought for the [email protected] [email protected] 09 300 7626 04 978 4900 04 568 2236 PO Box 5745, Auckland 1141, DX CP24036 purposes of Section 40 of PO Box 31543, Lower Hutt 5040, DX RP42041 the Public Works Act 1981. Phyllis Marjory Munro Please contact Denis Bazil Taumanui Brown Would any lawyer holding a will for the above Ferguson, phone 03-343- Would any lawyer holding a will for the above named, late of 63 Queens Drive, St Kilda, Dunedin, 9133, Darroch Ltd, PO Box named, late of 47 Coromandel Street, Newtown, Retired , who died in Dunedin on 6 February 2016 142, Christchurch. Wellington, who died on or about 27 March 2016 aged 89 years, please contact Cheryl Barlow, please contact Bridget Gray, WCM Legal: Race Douglas Burke, Solicitors: [email protected] [email protected] Darroch Limited MREINZ REAA 2008 06 304 9024 06 304 9032 03 477 3947 03 477 0624 PO Box 4, Greytown 5742 PO Box 538, Dunedin 9054 51 LawTalk 890 · 17 June 2016
Law Society Registry DIGITAL Comments concerning the suitability of any of the below-named SECRETARY applicants for the certificate or approval being sought should be made in writing to me by 23 June 2016. Any submissions should I am an experienced legal secretary offering a be given on the understanding that they may be disclosed to the professional and prompt transcription service candidate. The Registry is now advertising names of candidates using digital dictation. This service is ideal for sole for certificates of character, practising certificates and approvals to practise on own account on the NZLS website at www.lawsociety. practitioners and small practices. Confidentiality org.nz/for-lawyers/law-society-registry/applications-for-approval. guaranteed.
— Christine Schofield, Acting Registry Manager Pauline Southwick 027 289 8175 [email protected] [email protected] 04 463 2940 0800 22 30 30 04 463 2989
Approval to Sebastian Jessica Ann AUCKLAND PRACTICE Tangaere Mahinarangi Practise on (Mahi) Robin WANTED Own Account Zwaan Robyn Norima Under s 30 of the Lawyers Experienced NZ qualified and trained senior and Conveyancers Act 2006 Admission associate level solicitor wishing to acquire Abbott Rosemary Jane (Rosie) Under Part 3 of the Lawyers successful Auckland based practice or to join Robin Desmond Ashton and Conveyancers Act 2006 partnership. Harvey Giles Alexander Chawdhry Arjun Hill Vaughn Clement Please email in confidence: Nicol Emma Violet Forsythe Llanes Fershen Aborro Smith Hannah Jane [email protected] Pereira Anthony David Scott Rebecca All enquiries will be treated in the strictest confidence.
Crown Prosecutor Senior, Whanganui Crown Prosecutor Junior to Intermediate, Whanganui
The Crown Solicitor’s Office at Whanganui has vacancies for and District Courts together with attendances in relation a Senior and Junior to Intermediate Prosecutor. to other aspects of the litigation practice conducted on behalf of the Crown and other clients. There is also scope to The Whanganui warrant covers an area that includes develop a civil litigation practice and prospects to advance Whanganui, Marton, Taihape and Ohakune with a within the firm. consequence that a significant volume of cases at all levels of seriousness are undertaken. The Junior to Intermediate role involves similar work alongside an experienced prosecutor. The Senior role involves the conduct of jury trials in the High The successful applicant will have: Applications should be forwarded • Strong academic results. • Excellent research and analysis skills. together with a CV by Monday 4 July • Ability to prioritise & work to deadlines. 2016 to: • Strong and written communication skills. • Ability to work with a team. Katrina Davidson | Practice Manager Whanganui is a family friendly city with affordable homes, PO Box 441, Whanganui 4541 offering a “mountains to the sea” outdoor lifestyle combined [email protected] with its renowned arts community and quality schooling.
www.armstrongbarton.co.nz The terms of employment will be negotiated to reflect the experience and ability of the successful applicant. 52 17 June 2016 · LawTalk 890
Family Lawyer – REFEREES, DISPUTES TRIBUNAL Christchurch Experienced family lawyer sought for fixed term (8-12 months, negotiable) There will shortly be a process for the appointment from August 2016, whilst one of our of Referees in the Auckland Region. Members of lawyers is away on maternity leave. the public are invited to submit the names of persons Please, only apply if you have the relevant qualifications and who are considered suitable for appointment as experience (5+ years PQE). Referee. Applicants must: • Hold, or be eligible to hold, a current practising certificate. Nominations must be sent in writing or by email. • Have a Level 1 Lead Provider Status for Family Legal Aid. They must contain the name, address, telephone • Be prepared to appear in the Christchurch Family Court. number and email address of both the nominator Please contact Craig Paddon on 03 474 9101 or 027 474 9104, and the person being nominated. email [email protected] for further details. Once a nomination has been received, the person who is nominated will be sent an application pack with details relating to the position and how to apply for it. Nominations are to be made to the Principal Disputes Commercial Referee, Private Bag 32 001, Featherston Street, Wellington 6146, Ph: (04) 462 6695, or email: Lawyer [email protected] We have great commercial work coming out our ears! Nominations must be received by this office no later If you have 5 years PQE with commercial and/or than 12 noon on Monday 4 July 2016. commercial property experience, why not join our legal team. Experience in general practice is a bonus. Great environment, top commercial client base and interesting work. Sound like you? Send your CV to [email protected].
TENANCY ADJUDICATOR CHALLENGETimeLITIGATION to step LAWYERYOURSELF up? - LeeSalmonLongPQE is a thriving1-4 YEARS specialist commerical A Tenancy Adjudicator is required for the Tenancy Tribunal LeeSalmonLonglitigation firm looking is a thriving, for talented Auckland-based, litigation specialist in the Queenstown area. This is a part time position with a LeeSalmonLongcommerciallawyers with litigation twois a to thriving, firmfive yearslooking Auckland-based, post-qualification for talented litigationspecialist standard commitment of two days per month. experience to join our respected firm. commerciallawyers with litigation two to threefirm and looking four tofor seven talented years’ litigation post- The successful applicant is likely to have legal experience or lawyersqualification• W withe challenge one experience to four our yearslawyers to joinpost-qualification to our develop respected and pushexperiencefirm. experience in adjudication. Knowledge of and experience to join theirour respected legal experience firm. to the limits in one of the in unit titles may also be relevant, but not essential. We challengebest and most our supportivelawyers toworking develop environments their legal We challenge our lawyers to develop their legal experience Applicants will need to be able to relate well to the many experiencein the inlaw a. working environment that offers a high in a working environment that offers a high degree of different people who come to the Tribunal, have an interest degree of mentoring and flexibility. mentoring• Our lawyersand flexibility. regularly appear in the District, in efficient dispute resolution, the ability to conduct a High and appeal courts, in arbitrations, specialist hearing and have a strong sense of fairness. They will be OurOur lawyerslawyerstribunals regularlyregularly and mediations. appearappear in thethe District,District, HighHigh andand Appellateappellate Courts,courts, in arbitrations,arbitrations, specialistspecialist tribunalstribunals andand sensitive to cultural factors that may affect the resolution • As well as working with partners of the firm, mediations.mediations. of a dispute, and demonstrate efficient work habits and our lawyers also work directly with external an ability to make clear, logical decisions. Good oral and senior counsel. AsAs well well as working with partners of thethe firm,firm, ourour lawyers lawyers written communication skills are essential, as is computer alsoalso• work work Our directly lawyersdirectly with earn with external top external of seniorthe senior market counsel counsel salaries, and areand given are literacy. opportunitiesgivenwork opportunities on to a develop range to of developtheir files own and their ‘brand’. enjoy own high ‘brand’. levels of client contact and file responsibility Application forms can be downloaded at: http://www. Our lawyers earn top of the market salaries, work on a justice.govt.nz/tribunals/tenancy-tribunal/vacancy/tenancy- OurYou lawyers will need earn an top impressive of the market academic salaries, record work and on a range of files and enjoy high levels of client contact and file adjudicator-queenstown/. For more information about the responsibility.rangeCV which of files you and can enjoy send tohigh us levels with aof sample client ofcontact your and filelegal responsibility. writing if this position sounds like you. position, contact Tania Togiatama, PA to Principal Tenancy We are looking for lawyers who can start work between Adjudicator – email: [email protected] or Please email this information in confidence to: AugustYou will 2016 need and Januaryan impressive 2017. academic record and phone (07) 921 7478. [email protected], or mail it to CV. If this position sounds like you, please email this You will needRecruitment, an impressive LeeSalmonLong, academic PO record Box 2026, and CV. If this Applications for the position close at 5.00pm, Friday information in confidence to: [email protected] position soundsShortland like you, Street, please Auckland email 1140this information in 1 July 2016. confidence to: [email protected]
53 LawTalk 890 · 17 June 2016
Experienced property and Join us! Simpson Grierson is proud of its diverse and inclusive culture, and its general practice solicitor reputation as an employer of choice. required We currently have the following vacancies: Well-established law firm, Dargaville
Banking and Finance (Transactional) - 1-5 years' PQE - Hammonds Law has an opportunity for a general practice Auckland lawyer with 2+ years PQE to join their team. A great work/ Banking experience would be fantastic, but if you are a life balance and serious partnership prospects are on corporate/commercial solicitor with an interest in building offer. This is the chance to escape the city and to have a career in banking and finance this role could be right for plenty of time to enjoy the beautiful Northland outdoors. you. You will work for major banks and corporate clients in a supportive, experienced team, and will have the Our firm is located only 2 hours from Auckland. We are a opportunity to develop your skills, work autonomously and very busy general practice, a significant proportion of our have direct client contact . work being property law, trusts and estates. The firm is well-established with clients based locally and throughout Corporate/Commercial - 2-5 years' PQE - Auckland the country. This role involves assisting business clients with a wide You will be joining a friendly, local team who strive to range of commercial matters, with a focus on large achieve positive outcomes for our clients. You will be infrastructure and technology projects. You will be a approachable, highly accurate and have the ambition to confident, outgoing young solicitor who is a self-starter, advance to partnership within the firm. and will receive great mentoring and have the opportunity to deal with clients, network and build your own profile in a We are keen to hear from motivated property progressive area. lawyers who seek an excellent income and a great work/lifestyle balance. Phone Dave Dennis on Employment – 3-7 years’ PQE - Wellington 09 439 7099 for a confidential chat or forward your CV to A bright, energetic employment lawyer is sought to join our [email protected]. Wellington team, working on all aspects of employment law. There is plenty of autonomy and opportunity to appear regularly in Court and attend mediation. This role could work for a quick litigation lawyer looking to move into employment.
Commercial Property – 2-5 years' PQE - Auckland Supporting two exceptional partners, this role involves local government, large infrastructure land acquisitions and property due diligence on significant corporate Our clients are some of the most successful people around. Come and join us and associate with success. transactions. We're looking for someone with broad commercial property experience who is a team player, and We have a full time position, ideal for a junior lawyer with 1-2 who is keen to mentor and support junior solicitors. There years’ PQE in our busy property team. are excellent opportunities for growth within the team. The ideal candidate will have: • Experience in conveyancing and leases of residential, Litigation - 2-5 years’ PQE - Wellington commercial and rural property; establishing and Seeking a top notch junior litigator to join our litigation administering trusts, preparing wills and powers of team working on company, contract and commercial attorney property disputes, financial markets regulation, securities • Estate administration enforcement and insolvency matters, judicial review, and • A client focussed attitude large-scale energy and resource litigation. You will be • A high level of accuracy and attention to detail experienced in taking a modern and commercial approach • A drive to succeed, an innovative approach and a desire to dispute resolution. to be part of a team Denham Bramwell is a well established law firm in Manukau Resource Management – 2-7+ years' PQE - Christchurch that is progressive and can offer the right person: This role could suit a range of experience levels, so if you • A diverse range of clients have RM and local government experience and are looking • Excellent learning and development opportunities; and for work in Christchurch, join our growing team. Advocacy • A high performance culture that is fun and collaborative experience is a distinct advantage and you will also need to • This is an opportunity to work in a busy, dedicated have excellent communication skills and experience with and fun team comprising 2 partners, 2 associate legal managing client relationships. executives, a solicitor and 2 legal assistants who provide a supportive working environment If you are interested in any of these roles or wish Please send your application including your CV and a cover to discuss working for Simpson Grierson generally, letter by Friday 24 June 2016 to: please get in touch with Jackie Mulligan, Recruitment [email protected] Manager, [email protected], or call Thank you for your interest. Only those candidates selected 09 977 5104. for interview will be responded to. 54 17 June 2016 · LawTalk 890
Employment Lawyer 2-7 years’ PQE • Genuine career advancement on offer! • Work alongside a team of dedicated legal professionals! PROPERTY LAWYER • Well-appointed modern CBD offices! Kiely Thompson Caisley are a future-focussed, boutique employment law firm and they are looking to appoint an ambitious and astute lawyer to Our busy Dunedin law office is looking for a work alongside their hardworking and dedicated team of employment Property Lawyer (5 years’ PQE) to head our experts. To be considered for this role you will need to have a minimum Commercial and Property team. of two years’ PQE specialising in employment law. The ideal candidate for this position will be someone with a mature attitude who is very team If you have the requisite experience and are focussed, not afraid of hard work and has the ability to stay calm and knuckle down when the pressure is on. This is an outstanding opportunity seeking to develop a practice in the area of to work alongside a team of professionals who excel in their field and will commercial and property law we would love to provide you with excellent support and mentoring, although your solid legal background in employment law will enable you to hit the ground hear from you. running confident in your knowledge and expertise in this area of law. We are looking for someone who has a keen There is the opportunity for very genuine career advancement in this role and a competitive remuneration package is on offer, commensurate with interest in conveyancing, property and commercial your level of experience. To find out more about this superb opportunity, transactions, estate administration, trusts, contact us today for a confidential discussion or apply today quoting company structures and relationship property. reference ELR1010. Michelle Stewart, Director, Epic Legal Recruits Limited Please send your letter of application and CV by +64 9 524 7543 +64 21 115 2683 Friday, 24 June 2016 to: [email protected] www.epiclegal.co.nz Jenny Beck [email protected]
AT THE HEART OF GOVERNMENT LEGAL MATTERS
Assistant Crown Counsel - Revenue
Crown Law takes pride in providing legal advice and representation Customs at all levels of the Court system. This work will appeal to those to the Government in matters that affect all New Zealanders including with background or interest in tax and commercial law and/or general tax, crime, the Treaty of Waitangi, human rights and New Zealand’s civil litigation, with many opportunities to appear in court and deal with constitution. We have some of the finest legal minds in New Zealand. oral evidence (including expert evidence). Members of the team are also This could be your opportunity to work with them. involved in advice and litigation across the Crown Legal Risk Group, At Crown Law you will immerse yourself in some of this country’s most in all areas of Public Law. We are looking for promising lawyers with a important and high profile cases. You will work with leading public strong academic record, proven legal research skills and a desire to lawyers and find professional challenges that you won’t find anywhere develop and enhance their advocacy skills by working in a busy litigation else. It is rewarding and challenging work that will see you making practice. your mark. On top of that we can offer an open and flexible work environment and unique career development opportunities. For a copy of the position description please go to the careers section of our website at www.crownlaw.govt.nz. To apply, please We are looking to appoint an Assistant Crown Counsel to join our email your covering letter, curriculum vitae and academic transcript Revenue team within the Crown Legal Risk Group. The team works on to [email protected]. litigation defending tax and customs assessments and other statutory decisions of the Commissioner of Inland Revenue and Comptroller of Applications close at 5pm on Friday, 8 July 2016.
Crown Law is committed to the principles of Equal Employment Opportunity 55 2016 INSIGHTS ROADSHOW Powered by Lexis Advance WHAT ARE YOUR CUSTOMERS REALLY SAYING?
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