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PASSING the TORCH New Zealand’S New Chief Justice and Law Society President ISSUE 927 · APRIL 2019 PASSING THE TORCH New Zealand’s new Chief Justice and Law Society President The The Harmful Digital A rare honour: Government's Viagogo Communications Queen's lawman: David case Counsel in Parker, Attorney New Zealand General Page 35 Page 42 Page 46 Page 72 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. Meet your new CDD partner Evaluate. Secure. Guard. For local and global protection, talk to the people that live and breathe trade marks. zone law intellectual property and business law First AML is more than just a third evaluate party service. Understanding your secure zone ip guard business and your customers, we’re the right partner for your Customer FIRST Due Diligence requirements.FIRST FIRST FIRST FIRST AML FIRSTAML.CO.NZ AML WGTN +64 4 801 5040 I AKL +64AML 9 352 2042 AML AML zoneip.co.nz I zonelaw.co.nz FIRST FIRST FIRST FIRST FIRST AML AML AML AML AML FIRST FIRST FIRST FIRST FIRST AML AML AML AML AML Earl Gray Jane Glover M: +64 29 977 5002 M: +64 21 781 384 Tracey J Walker William Akel M: +64 21 273 6241 M: +64 21 987 058 Katherine Anderson M: +64 27 241 4026 Level 13, Citibank Building, 23 Customs Street East, Auckland 1010 www.sangrochambers.co.nz 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 97 6 · Building a legacy of 37 · Auckland barrister, homeless understanding and aroha advocate and a judge ▹ BY SAMUEL HOOD champion new night shelter for homeless ▹ BY NICK BUTCHER 8 · New Zealand Law Society 39 · The Innovators: Erin Ebborn 14 · The President of the New Zealand Law Society Update 6817 40 · Can-ada we do? Yes, says The justice system campaigner as NZ prepares 21 · Celebrating two Chief way for disability legislation Justices ▹ BY GEOFF ADLAM ▹ BY CRAIG STEPHEN 24 · New Zealand’s judiciary at 14 42 · The Viagogo case March 2019 ▹ BY GEOFF ADLAM ▹ BY JOHN LAND 46 · Harmful digital communications ▹ BY TARYN GUDMANZ People In The Law 49 · Accredited employers, the 35 · The Government’s lawman: current policy, proposed David Parker, Attorney- policy changes and ‘what’s General ▹ BY CRAIG STEPHEN next?’ ▹ BY MAHAFRIN VARIAVA 52 · Strata / Units and Urban Development 8868 ▹ BY THOMAS GIBBONS 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. 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Receipt which promotes responsible management of the world’s 4 Contents Alternative Dispute Practising Well Legal information Resolution 64 · Talking about mental 80 · Some recent legal books 54 · Dispute prevention: using health: start a mental health ▹ BY GEOFF ADLAM mediation as a business movement in your workplace tool ▹ BY PAUL SILLS ▹ BY SARAH TAYLOR Classifieds 56 · How to pick a mediator 67 · Proactive rather than reactive 82 · Will notices ▹ BY CAROLE SMITH ▹ BY ANGHARAD O'FLYNN 83 · Legal Jobs 85 · CPD Calendar Legal research Practice 57 · Taking a break to secure our 70 · The Gender Equality Charter: Lifestyle future ▹ BY LYNDA HAGEN What role can the In-house 88 · A New Zealand Legal 58 · The Borrin Foundation: legal community play? Crossword ▹ SET BY MĀYĀ Making a difference to New ▹ BY CAROLINE SIGLEY 89 · The Irish R.M.: Justice a mere Zealand, through the law 72 · Queen’s Counsel in New sideline in historical magistrates ▹ BY MICHELLE WANWIMOLRUK Zealand ▹ BY GEOFF ADLAM series ▹ BY CRAIG STEPHEN Access to justice Future of law 90 · Tail end 60 · The work of in-house lawyers 75 · Taking law and technology at New Zealand’s unions teaching to all students ▹ BY CRAIG STEPHEN ▹ BY LYNDA HAGEN 63 · The firm that represents unions – and employers 77 · Complaints decision ▹ BY CRAIG STEPHEN summaries 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 Kathryn Beck DIGITAL CONTENT EDITOR DESIGNER along the production cycle. The shrink wrap used for Craig Stephen · 04 463 2982 Sophie Melligan VICE PRESIDENTS delivery of LawTalk is 27 micron biodegradable film [email protected] [email protected] Nerissa Barber (Wellington) manufactured in New Zealand. This degrades naturally. Tiana Epati (Central North Island) LEGAL WRITER JUNIOR DESIGNER If you wish to discard LawTalk, please recycle it. The Tim Jones (Auckland) Tracey Cormack · 04 463 2936 Nina Gillanders wrapping may be composted. Andrew Logan (South Island) [email protected] [email protected] CONTACT DETAILS ACTING EXECUTIVE DIRECTOR WEBMASTER ADVERTISING 26 Waring Taylor Street, Wellington 04 472 7837 Mary Ollivier Miranda Kaye · 04 463 2990 04 463 2905 PO Box 5041, Wellington 6140, New Zealand [email protected] [email protected] MANAGING EDITOR AND DX SP 20202 COMMUNICATIONS MANAGER DIGITAL CONTENT PRINTING AND DISTRIBUTION Geoff Adlam · 04 463 2980 SPECIALIST Format Print, Petone, Wellington ***** FPO ***** [email protected] Angela Ludlow ISSN 0114-989X (Print) [email protected] ISSN 2382-0330 (Digital) Placeholder for SENIOR FSC Certificate COMMUNICATIONS ADVISOR SENIOR DESIGNER PLEASE ***** FPO ***** Nick Butcher · 04 463 2910 Andrew Jacombs · 04 463 2981 RECYCLE [email protected] [email protected] 5 BUILDING A LEGACY OF UNDERSTANDING AND AROHA April 2019 · LAWTALK 927 Building a legacy of understanding and aroha ▸ Governor-General of New Zealand, Dame Patsy Reddy, lays flowers for the victims of the Christchurch mosque BY SAMUEL shootings at Hagley Park. Photo HOOD by Government House cb type of prejudice on a regular basis, I first met Dr Mustafa Farouk at the Hamilton often in the form of unconscious bias.
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