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Download Lawtalk Issue ISSUE 928 · MAY 2019 Finding a match Could more be done to match lawyers with the right pro bono clients? Tania Sharkey The Arbitration The benefits of Retiring from and the Pacific Amendment Act working flexibly practice Lawyers 2019: Further for mental health Association refinement and wellbeing Page 22 Page 28 Page 50 Page 81 Our commitment At MAS, we’re committed to doing what we can to make a positive impact on the health and wellbeing of future generations of New Zealanders, and to a more sustainable country. It’s why we’ve implemented a socially responsible investing approach across $1.4 billion of superannuation funds and insurance reserves and do not invest in the manufacture and sale of armaments, tobacco, or the exploration, extraction, refining and processing fossil fuels. Talk to us about our socially responsible Retirement Savings and KiwiSaver plans today by calling 0800 800 627 or visit mas.co.nz Winner at the 2019 Australian Financial Review’s Client Choice Awards. We are delighted to have won three awards: • Best Australasian Professional Services firm (A$50-200m) • Best Australasian Law & Related Services firm (A$50-200m) • Best Australasian provider to Government & Community. AUCKLAND WELLINGTON CHRISTCHURCH buddlefindlay.com STUDY TO BE A LEGAL EXECUTIVE Competition • Developed in conjunction Matters2019 with the Law Society Competition and Regulation • Part-time & full-time options • Auckland Central Campus Conference Pullman Hotel · Auckland · 25 and 26 July Register now for your chance to hear from some of the world’s experts on competition and regulation law: Dr David Halpern Behavioural Insights team, UK Howard Shelanski Professor of Law, Georgetown University, and Partner, Davis Polk & Wardell, USA Professor Martin Cave Chair, Ofgem, and Visiting Professor, London School of Economics and Political Science, UK INTAKE John Pecman Senior Business Advisor, Fasken, Antitrust/Competition & Marketing Group, Canada 5 AUG Marina Lao Professor of Law, Seton Hall Law School, USA Roger Witcomb Former Panel Chair, Competition & Markets Authority, and former Chair of the Competition Commission, UK Heads of Agencies from the ACCC, Singapore Competition & Consumer Commission, and Hong Kong Competition Commission 0800 222 833 nzma.ac.nz Register at www.comcom.govt.nz/competition-matters-2019 289 New Zealand Law Society 32 · Competition law issues 6 · From the Law Society beneath the surface with 7 · New Zealand Law mergers ▹ BY JOHN LAND Society in action 34 · An ‘earn-out’ tale revisited ▹ BY JOHN HORNER People in the Law 36 · Better justice for people with 15 · On the move disabilities ▹ BY LYNDA HAGEN 6852 22 · Tania Sharkey ▹ BY TEUILA FUATAI 37 · Update on restraint of 24 · The Innovators: Titus trade clauses in franchising Rahiri ▹ BY ANDREW KING ▹ BY DEIRDRE WATSON 25 · Spreading the TLC 40 · The impact of risk ▹ BY ANGHARAD O'FLYNN and compliance on cross border sales and 27 · Letters to the Editor franchising agreements ▹ BY STEWART GERMANN Update 44 · Property transactions and 28 · The Arbitration Amendment technology ▹ BY THOMAS GIBBONS Act 2019 ▹ BY JOHN WALTON 8881 ABOUT LAWTALK the law, for the purpose of upholding the rule of law and of the hardcopy LawTalk may be cancelled by emailing LawTalk is published monthly by the New Zealand Law facilitating the administration of justice in New Zealand. [email protected] and stating “please Society for the legal profession. It has been published cancel LawTalk hardcopy” and advising name, lawyer ID SUBMISSION OF MATERIAL since 1974 and is available without charge to every New (lawyer login), workplace and address. Zealand-based lawyer who holds a current practising All contributions, letters and inquiries about submission SUBSCRIPTIONS certificate.LawTalk is also distributed to others involved of articles should be directed to the Managing Editor, in the justice system or legal services industry. These [email protected]. Non-lawyers and lawyers based outside New Zealand include members of the judiciary, legal executives, may subscribe to LawTalk by emailing subscriptions@ ADVERTISING librarians, academics, law students, journalists, Members lawsociety.org.nz. Annual subscriptions in New Zealand of Parliament and government agencies. Total LawTalk Advertising inquiries should be directed to advertising@ are NZ$145 for 11 issues (GST and postage included). circulation is around 13,400 copies. lawsociety.org.nz. Information on rates, deadlines and Overseas rates are available on request. conditions is available on the Law Society website under ABOUT THE LAW SOCIETY ENVIRONMENTAL STATEMENT News and Communications/LawTalk. The Law Society The New Zealand Law Society was established on has a strict policy of not publishing articles in exchange LawTalk is printed on Sumo Matte. This is an 3 September 1869. It regulates the practice of law in for advertising. environmentally responsible paper. Forestry Stewardship New Zealand and represents lawyers who choose to be Council (FSC) certified, it is produced using Elemental LAWTALK ONLINE members. The powers and functions of the Law Society Chlorine Free (ECF) Mixed Source pulp from Responsible are set out in the Lawyers and Conveyancers Act 2006. As An online version of LawTalk is available on the New Sources and manufactured under the strict ISO14001 well as upholding the fundamental obligations imposed Zealand Law Society’s website at www.lawsociety.org. Environmental Management System. The FSC is an on lawyers who provide regulated services, the Law nz. A link to the latest online LawTalk is emailed to all international non-profit, multi-stakeholder organisation Society is required to assist and promote the reform of practising lawyers each month after publication. Receipt which promotes responsible management of the world’s 4 Contents Alternative Dispute Access to Justice Classifieds Resolution 61 · How well does pro bono 83 · Will notices 45 · Cognitive biases: challenging work in New Zealand? 84 · Legal Jobs the way we think ▹ BY PAUL SILLS ▹ BY CRAIG STEPHEN 86 · CPD Calendar 68 · Aotearoa's future courts: 47 · Lawyers Complaints should online courts be our Lifestyle Service future? ▹ BY BRIDGET IRVINE 89 · A New Zealand Legal 70 · The Right Track Crossword ▹ SET BY MĀYĀ Practising Well ▹ BY NICK BUTCHER 52 · The benefits of working 72 · Some criminal justice outcomes 90 · Tail end flexibly for mental health and in 2018 ▹ BY GEOFF ADLAM wellbeing ▹ BY AMY PREBBLE 56 · Manage your energy Practice ▹ BY RAEWYN NG 76 · Survival of the healthiest 58 · Please make terrible art ▹ BY EMILY MORROW, ALLI ▹ BY KATIE COWAN MCARTHUR, AND PAUL STEELE 79 · Lawyers missing opportunity to be thought leaders ▹ BY PETE BURDON 81 · Retiring from practice ▹ BY PETER MCMENAMIN forests. FSC certification is internationally recognised as the most rigorous environmental and social standard PEOPLE for responsible forest management. The paper used to produce LawTalk meets FSC requirements at all stages PRESIDENT Tiana Epati DIGITAL CONTENT EDITOR SENIOR DESIGNER along the production cycle. The shrink wrap used for Craig Stephen · 04 463 2982 Andrew Jacombs · 04 463 2981 VICE PRESIDENTS delivery of LawTalk is 27 micron biodegradable film [email protected] [email protected] Nerissa Barber (Wellington) manufactured in New Zealand. This degrades naturally. Herman Visagie (Central North Island) LEGAL WRITER DESIGNER If you wish to discard LawTalk, please recycle it. The Tim Jones (Auckland) Tracey Cormack · 04 463 2936 Sophie Melligan wrapping may be composted. Andrew Logan (South Island) [email protected] [email protected] CONTACT DETAILS EXECUTIVE DIRECTOR COMMUNICATIONS ADVISOR JUNIOR DESIGNER 26 Waring Taylor Street, Wellington 04 472 7837 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 04 463 2905 ***** FPO ***** [email protected] Miranda Kaye · 04 463 2990 [email protected] [email protected] Placeholder for SENIOR PRINTING AND DISTRIBUTION FSC Certificate COMMUNICATIONS ADVISOR DIGITAL CONTENT SPECIALIST Format Print, 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 NEW ZEALAND LAW SOCIETY MAY 2019 · LAWTALK 928 From the Law Society This issue of LawTalk marks the first month since I became President of the New Zealand Law Society, a Ethnicity plays a role in great honour and a great respon- bullying, with prevalence sibility. My first few weeks have levels higher among Māori, been intense, with the handover Pacific and Asian lawyers. ceremony with outgoing President About 25% of Pacific and 33% Kathryn Beck, chairing my first of Asian targets of bullying Board and Council meetings, and perceive this disturbing meetings with Ministers and senior behaviour to be motivated officials. by race and culture. I’ve had the opportunity to speak to, and meet with, law students and many members including giving confined to big law firms. They were at the forefront of and supportive around it as it builds speeches in Auckland, Wellington the news media coverage last year, but the Workplace a strategy and action plan by 30 and Hawke’s Bay, and at the High Environment Survey, done for the Law Society in May November 2019. Court swearing in of Justice Walker. 2018, demonstrated the issues are much more widespread. There are other ways we can I’ve also been preparing for It showed that 18% of lawyers (31% of women and support members. At our May the Culture and Systems Change 5% of men) have been sexually harassed, and 52% have meeting the Law Society Board Symposium on 14 May. This one-day experienced bullying. Sixty percent found their jobs very approved a nine-month trial of a event has been organised by the Law stressful, 44% felt they worked under unrealistic time free and confidential counselling Society’s Culture Change Taskforce.
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