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Public Defence Service an Important Influence on Criminal Law Practice ISSUE 933 · OCTOBER 2019 Public Defence Service An important influence on criminal law practice Reflections on a Pro bono legal Red flags! Is your US lawyers, ground –breaking services support law office as judges and Feminist Moot Canterbury healthy as you civil rights Muslim think? community Page 19 Page 42 Page 51 Page 72 Need Research? Use us as your legal research provider The NZLS Library, legal research and document delivery service is fast, e cient and thorough. With our extensive resources we can provide comprehensive cost-e ective searches of case law and commentary both in New Zealand and internationally. FOR MORE INFORMATION ABOUT OUR SERVICES: www.lawsociety.org.nz/law-library AUCKLAND [email protected] 304 1020 WELLINGTON [email protected] 473 6202 CANTERBURY [email protected] 377 1852 Photo by Sippanont Samchai Sippanont CC-By-NC-ND by Photo A BEQUEST TO THOSE WHO NEED IT MOST A Bequest to the Society of St Vincent The Society is a Catholic organisation de Paul is a lasting way to help the which recently celebrated 150 years most disadvantaged and needy in of compassion and service to the our community. people of New Zealand. Your Bequest will ensure the Society’s We have a nationwide network of vital work of charity and justice workers and helpers who provide continues to thrive. practical assistance every day to people in desperate situations. Help is offered Be assured it will make a huge to all, regardless of origin, cultural difference where the need is greatest. background or religious belief. Society of St Vincent de Paul If you would like to discuss a Freepost 992, PO Box 10-815 Bequest with us, please give Wellington 6143 us a call or send us an email. TEL: 04 499 5070 EMAIL: [email protected] WEB: www.svdp.org.nz You can count on us. M2 protected with area replacement cover: * 8 4 2 9 7 4 0 8,429,740. That’s the square Talk to us about our house, meterage of buildings that MAS contents and car insurance Members have covered by our Area Replacement house insurance today by calling 0800 800 627 option, without having to worry or visit mas.co.nz about getting the cost to rebuild their house wrong. *Count based on recorded policy data as at 30 Sept 2017. Please see the full policy wordings which are available at All they need to do is to tell us how mas.co.nz or by calling 0800 800 627. big the house is and to count on us MAS is a Qualifying Financial Entity (QFE) under the Financial Advisers Act 2008. Our QFE disclosure statement to look after the rest. is available at mas.co.nz or by calling 0800 800 627. 269 6 · From the Law Society Update 24 · Barriers to participation in New Zealand Law Society the employment institutions 7 · New Zealand Law Society ▹ BY CHIEF JUDGE CHRISTINA INGLIS 18 · A Changing Profession 26 · New Incorporated Societies ▹ BY GEOFF ADLAM Act ▹ BY MARK VON DADELSZEN 29 · Supreme Court provides 6832 People in the Law guidance to lawyers on 10 · On the move testamentary capacity ▹ BY SALLY 16 · Wellington via golf, Gore and MORRIS AND FREYA MCKECHNIE Glasgow ▹ BY ANGHARAD O’FLYNN 17 · Top barrister not afraid of a fight Access to justice ▹ BY TEUILA FUATAI 32 · Public Defence Service 19 · Reflections on a ground– ▹ BY GEOFF ADLAM breaking Feminist Moot 39 · New technology aids access ▹ BY REBEKAH HILL, ELLEN LELLMAN to justice ▹ BY LYNDA HAGEN AND EMILY SCRIMGEOUR 41 · Lawyers battling for justice 21 · The value of friendship in around the world law ▹ BY NICK BUTCHER 42 · Pro bono legal services 23 · The Innovators ▹ BY ANDREW KING support Canterbury Muslim community ▹ BY NICKBUTCHER 8857 ABOUT LAWTALK Society is required to assist and promote the reform of practising lawyers each month after publication. 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A link to the latest online LawTalk is emailed to all international non-profit, multi-stakeholder organisation 4 Contents Alternative dispute Technology Legal history resolution 56 · New death notification service 69 · Legal nomenclature – 45 · Running a major relationship ▹ BY TRACEY CORMACK from prolix to trendy property arbitration 57 · Windows 7 ▹ DAMIAN FUNNELL ▹ BY SIR IAN BARKER QC ▹ BY ROBERT FISHER QC 71 · A big story to tell – US 46 · Reactive devaluation 59 Letters to the editor lawyers, judges and civil ▹ BY PAUL SILLS rights ▹ BY JOHN BISHOP Lawyers Complaints Practising Well Service Classifieds 48 · Being a supporter: a daughter’s 60 · Disciplinary charges against 74 · Will notices story ▹ BY CAROLYN RISK lawyers ▹ BY JUSTIN KLEINBAUM 76 · Legal Jobs 62 · Complaints decision summaries 77 · CPD Calendar Practice 51 · Red flags! Is your law office Legal information Lifestyle as healthy as you think? 66 · The Ethical Lawyer: Legal Ethics 80 · A New Zealand Legal ▹ BY EMILY MORROW and Professional Responsibility Crossword ▹ SET BY MĀYĀ by Richard Scragg ▹ REVIEWED 81 · Garrow’s Law Creating a just culture BY GARRY WILLIAMS ▹ BY CRAIG STEPHEN 54 · Are we doing enough? 68 · Recent legal books ▹ BY JAMIE DOBSON ▹ BY GEOFF ADLAM 82 · Tail end which promotes responsible management of the world’s forests. FSC certification is internationally recognised as PEOPLE the most rigorous environmental and social standard for responsible forest management. The paper used to PRESIDENT Tiana Epati DIGITAL CONTENT EDITOR SENIOR DESIGNER produce LawTalk meets FSC requirements at all stages Craig Stephen Andrew Jacombs VICE PRESIDENTS along the production cycle. The shrink wrap used for [email protected] [email protected] Nerissa Barber (Wellington) delivery of LawTalk is 27 micron biodegradable film Herman Visagie (Central North Island) LEGAL WRITER DESIGNER manufactured in New Zealand. This degrades naturally. Tim Jones (Auckland) Tracey Cormack Sophie Melligan If you wish to discard LawTalk, please recycle it. The Andrew Logan (South Island) [email protected] [email protected] wrapping may be composted. EXECUTIVE DIRECTOR COMMUNICATIONS ADVISOR JUNIOR DESIGNER CONTACT DETAILS Helen Morgan-Banda (SOCIAL MEDIA) Nina Gillanders PO Box 5041, Wellington 6140, New Zealand Jamie Dobson [email protected] MANAGING EDITOR AND DX SP 20202 [email protected] COMMUNICATIONS MANAGER ADVERTISING Geoff Adlam · 04 463 2980 WEBMASTER Maria Pirela · 04 463 2905 ***** FPO ***** [email protected] Miranda Kaye [email protected] [email protected] Placeholder for SENIOR PRINTING AND DISTRIBUTION FSC Certificate COMMUNICATIONS ADVISOR DIGITAL CONTENT SPECIALIST Blue Star, Petone, Wellington PLEASE ***** FPO ***** Nick Butcher · 04 463 2910 Angela Ludlow ISSN 0114-989X (Print) RECYCLE [email protected] [email protected] ISSN 2382-0330 (Digital) 5 FROM THE LAW SOCIETY FROM THE LAW SOCIETY Law Society’s new project to improve access to justice The phrase “access to justice” features frequently on these pages, and in wider public debate. As a criminal defence lawyer, who has worked largely on legal aid in a small region with a high Māori population, my view of the concept goes far wider than simple access to the courts. However you look at it, the erosion of access to justice jeopardises a person’s ability to be heard, exercise their rights, challenge discrimination and hold decision-makers to account. Barriers to access to justice have always existed, but it is clear that these have increased over time, both in New Zealand and globally. The Law Society has an important role to play in breaking down those barriers and has been to remuneration rates, and understanding the demographic working for a number of years to improve access to justice factors which underlie the steadily decreasing numbers in a range of ways.
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