EDITION II LEX

A guide to what’s happening FOR NEW ZEALAND’S LAW STUDENTS. CONTENTS EDITORIAL New Zealand Law Students’ Association Incorporated 11 Kia ora, thanks for picking up the second edition of Lex for 2011, in this edition I have compiled a range of content which I’m sure most law students will enjoy. The first is an excellent piece written by Megan Lynch about a peculiar issue which has arisen following the Canterbury quakes: Although the first feature is not strictly legal it provides an interesting and informative insight into the post-quake world of the street workers Chch is famous for. Next there is an update about how Vic law student Hamish McConchie has been getting on with the complaints he made against Telecom. If you’re sick to death of receiving spam messages from Telecom or any other network for that matter read this article and get involved! Next Shayne Chandra has provided an analysis of whether mediation can be defended in light of objections made by critics of the process. For any aspiring lawyer this is a topical and well informed piece, mediation is often the most effec- 03 15 tive tool for dispute resolution. Next up Greg Belton-Brown has written about the up-and- coming general election; will it be National again? (probably), 03 - It’s Business Time regardless GBB has addressed possible election outcomes on a party by party basis – so if you are interested in politics then 04 this one is for you. 05 - Student not Happy with DIA As I am sure most of us law students are aware, on October 1st 06 one of the most significant reforms to property law in dec- ades is due to come into effect with the abolition of gift duty. 07 - Mediation: Defending a Diplomatic Solution Alastair Thompson (not to be confused with the controversial Alasdair Thompson), has written a four page feature about 08 these new reforms – Although it is about tax law it is not bor- ing so give it a go. She didn’t become a good lawyer 09 - 2011 Election Predictions The final feature article for Edition II concerns the killing of 10 Osama bin Laden, it’s been a while since the event occurred 11 - Opening the Gates to Tax Fraud but for anyone with an interest in public international law this by spending hours in the library... is a must read. The article was written by American academic 12 Noam Chomsky and published under creative commons, I’d have loved a student to have written about bin Laden for Lex She networked her 13 but sadly no submissions were ever made:( WRITE FOR LEX III! way to the top. 14 Any law student who has studied equity will have some un- derstanding of its relationship to common law, and will thus Join the NZLSA 15 - The Revenge Killing of bin Laden understand how boring it is - to make this more interesting 16 Andy Luck and myself have come up with 52 exciting new ways to compare and contrast common law and equity. The Facebook Page. 17 - Is the Supreme Court Ugly article is SATIRE so don’t take offense. 18 - Two Systems, both alike in dignity For those of you who made applications for summer clerking and subsequently received rejection letters (otherwise known COMING SOON 19 as P.F.O. letters) don’t feel bad! Have a read of the PFO one Mr Verseti received from a dubious firm known as McLellan Sim- 20 - Mover & Shaker: Beetlejuice mons Ward Luck (fictitious). 21 - PFO Also in this edition: puzzles, procrastination, NZLSA stuff and the Mover & Shaker column. A special thank you to Finn 22 - Jokes Ericson for creating the cover art which depicts Beetlejuice as 23 - NZLSA Business the Chief Justice: if you’ve never heard of Beet look him up on youtube. Finally I would like to encourage all of you to make submis- EDITOR: FEATURING WORK BY: sions to Lex, I want more student content! Letters to the George McLellan Megan Lynch, Greg Belton-Brown., Alastair Thompson, Shayne Chandra, [email protected] editor are also to be encouraged, so if you disagree with any- [email protected] Noam Chomsky, George McLellan, Andy Luck, Hamish McConchie, and more. thing in here, or are upset by any of the content then write me a rant about it. MARKETING: Cover: Chief Justice Beetlejuice by Finn Ericson Courtney Martyn Enjoy, [email protected] Lex Magazine is a product of the New Zealand Law Student’s Association George McLellan (ed) businesses and tourists. As the Coun- “there would be neighbours that cil calls for suggestions for the new wouldn’t want to be associated with Christchurch, ideas of a clean, green any of that activity. You’re right, it’s the city arise: rooftop gardens, better public perfect time to introduce this concept transport, and even embracing the while they’re looking at redesigning Avon as the Dutch do the canals. This the city.” led me to think about something else the Dutch embrace: the sex industry. De Wallen in Amsterdam, in particular, The proposed inclusion of sex shops is famous as the ‘red light district’. Why and strip clubs in this ‘red light dis- not use this unique opportunity to trict’, would hopefully make the area create our own ‘red light district’ in the more accessible and therefore open city centre? This could be a block that is and safe, attracting not only persons exclusively for brothels, street-workers, soliciting for sex, but the hundreds of strip clubs, sex shops etc – a block set people who visit other sex-industry apart from residential and other busi- businesses considered less stigma- ness areas. tised or ‘taboo’. This would be similar to the setting in Pigalle, the red light quartier of Paris: an acceptable place By setting the sex industry apart, the for locals and tourists to visit, as thou- impact on residents would be mini- sands do, to see the Moulin Rouge mised, and people who have issues with and other attractions. Anna does not prostitution would be able to avoid the foresee problems between workers or area if they wish. It would not be possi- between the coexisting businesses. ble to insist that all the city’s prostitutes work in the same area – but if that area is advertised and well known as the ‘red New Zealand has long taken a pro- light district’, then the clients will natu- gressive stance to sex-worker legisla- rally gravitate there, and it would make tion, the Prostitution Reform Act of sense for the prostitutes to go where 2003 making our laws some of the the clients are (just as they do now on most liberal in the world. We have Manchester Street). It would be easier also led the way in ensuring safe-sex for the police to monitor the activities if practices, including the 1988 Needle most business is conducted in one loca- Exchange Programme, a world-first tion – this could help to keep under-age initiative that has resulted in virtually girls (and boys) away from prostitution, no HIV/AIDS in the sex industry here. and could make the drug trade (that It makes sense, then, to also provide often goes hand-in-hand with prostitu- the safest place for working girls to tion) more difficult to operate. ply their trade.

The creation of a red light district Looking over Christchurch from the builders and policemen seek relief Street, the most frequent complaints Anna Reed told me that the big- may not be a ‘vote winner’ for Port Hills at night is a strange sight. from the stress of their work. ‘Candice’ being not about the girls themselves, gest problem facing the sex industry, Christchurch’s Mayor or Councillors, Where once the bright lights of a said that with CBD Manchester Street but of the associated noise, the mind- especially street-workers, is safety. In COMMENT but we must not pretend that the vibrant city shone, the centre is now closed, she and others had moved to ers, ‘pimps’, and the sort of people 2008, a third Christchurch prostitute sex industry does not exist. Sex has a black hole, abandoned by residents, the St Albans end, between Bealey that are now attracted to the area. was murdered in as many years - Mal- always been for sale, and always will IT’S businesses and tourists. Another Ave and Edgeware Road. While she Family First NZ has expressed worry lory Manning, a Manchester Street be; however unpleasant and distaste- group of people has also been forced boasts of making up to $1400 per that this family area is becoming the worker. Anna agreed that safety would ful some of us may find this concept, out of the city, but their plight is rarely night, the residents of this area are new ‘red light district’. Most people be improved by creating this collective it would be refreshing to have civic considered. Perhaps this is because, less impressed, claiming to find used would accept that this residential area district, “they’re much more vulnerable leaders prepared to acknowledge and despite the decriminalisation of condoms in their gardens and prosti- is unsuitable for such use, and that when they’re on their own”, as well as BUSINESS making it easier for workers to share accommodate ‘the oldest profession prostitution, it is an industry we prefer tutes using their driveways as toilets. prostitutes should go elsewhere, but in the world’. to sweep under the rug. It is time to where? information about “dodgy” clients. acknowledge the existence of prosti- tutes on our streets, and brothels op- I spoke to Anna Reed, Regional Co- A well-lit, CCTV-supervised block with erating around the city, and address ordinator of the New Zealand Prosti- As the cordon is slowly shifted secure areas for the workers to ‘park- the future of our sex industry. tutes’ Collective, about changes to the inwards, and the Manchester Street landscape of sex work post-quakes, ‘stomping ground’ reopens, so too will up’ with their clients, and possibly a and possibilities for an improved the girls shift, but I question whether ‘safe-house’ where a small fee is paid for TIME***************************** As city law firms pop up in Adding- future for prostitution in Christchurch. here, too, is unsuitable: lowering a bed and a room (as used in Sydney’s ****************** PROSTITUTION: “As city ton, Riccarton and Papanui, and She told me that on February 22nd, property values, increasing noise and Kings Cross), would provide a protected law firms pop up in Add- retail workers move to the suburban the majority of sex-workers lost their nuisance, affecting traffic and the space where sex-workers would be saf- branches of their stores, prostitutes place of work; brothels in old build- public’s sense of safety, as well as the er. I put this to Anna who said “I think it’s By Megan Lynch ington, Riccarton and a very good idea, provided it was pretty Papanui, and retail work- too have relocated. The media raised ings in the CBD, and Manchester girls’ welfare. this as a problem in late February: Street, where 25% of Christchurch’s centrally located, otherwise people ers move to the suburban prostitutes continuing to work on prostitutes plied their trade. Anna has won’t use it. Some countries have zoned branches of their stores, dangerous streets, moving to resi- received phone calls from concerned The rebuild of Christchurch offers street-workers in difficult, industrial prostitutes too have relo- dential areas, and talk of a post-quake residents and businesses located in many opportunities to create a areas only, they’re a lot less safe, noth- ing open around them,” she continued cated. “ boom as search and rescue workers, the residential end of Manchester modern city, to cater for all its citizens, November] creating an understand- The OIA was the subject of an exclu- McConnochie was also disappointed Student Not Happy With DIA Ruling ing under the Act, which creates a low sive article on the National Business that the Department took no formal threshold. The Department also said Review’s website, who criticised the action, neither issuing a formal warn- that Telecom’s actions were now cov- actions of the Department. Chris Keall, ing, nor court action. “By not taking the ered because they updated their terms the writer of the NBR’s article, sug- issue before the courts, we’re still left and conditions.” gested Telecom got off very lightly. The with this unclear issue over what con- “I doubt whether updating the terms NBR also recognised the interest in the stitutes an understanding as per s 11(2). and conditions after the event legiti- decision, devoting the simple address Considering Telecom had already been mises prior activities, as doing so would of nbr.co.nz/spam to the article. formally warned back in December, I be acting retrospectively. Further, they am unsure why they weren’t at least warned again for this.” didn’t actually update my terms and He is now going through the decision conditions, they simply introduced if and has since lodged several further a new set of terms and conditions for OIA request. One request revealed that **************** customers who signed up from Telecom was also warned in December for email spam. Another showed that it was Telecom who first made contact LEX will provide further updates on the February 1. My terms and conditions issue, as details come to it. McConno- still don’t have an opt-out clause.” in regards to the investigation relat- ing to McConnochie’s complaint, after chie occasionally discusses the matter the publication of his press release on on his twitter, @mishviews. Telecom’s website now lists two sets of scoop.co.nz. terms and conditions.

Victoria University law student has tract, arrangement, or understanding” text message sufficient for creating an Areleased documents, obtained un- between the sender and recipient. understanding as per s 11(2). der the Official Information Act, which His complaint was that if such a text Frustrated by the Department’s actions, revealed that Telecom was warned for message could create a “contract, ar- he filed an Official Information Act (OIA) text spam. rangement, or understanding”, it would request for a copy for all correspond- be contrary to the purpose of the Act ence between Telecom and the Depart- Hamish McConnochie, who is currently and creating such a low threshold fails ment. studying 200-level law papers, has to protect consumers. He noted that nothing XT’s terms and conditions stayed on Telecom for the messages The OIA would reveal that the Depart- since February, appearing in several related to unsubscribe information, meaning the text message was the ment considered at least one message media publications and blogs, discuss- to be foul of the Act. This was because ing the issue. only source Telecom could rely on for evidence of a “contract, arrangement, or Telecom admitted not all phones could understanding”. receive the two part message Telecom McConnochie’s complaint related to used as to try and “contract” out of s commercial text messages advertising 11. However, the Department did not Telecom’s overseas roaming deal and He also noted that Telecom’s servers take any action against Telecom, as the competitions. The messages did not only store text messages for a few days, network had “updated” its terms and feature unsubscribe information, as meaning that someone who, for exam- conditions to cover its actions. This required by s 11 of the Unsolicited Elec- ple, had been overseas, might not have update occurred on February 1, some tronic Messages Act 2007; commonly been able to receive such a message. three and a bit months since his initial Part of the OIA, which shows the DIA’s reasoning relating to why the referred to as the “Anti-Spam Act”. complaint. McConnochie estimates he filed at least half a dozen complaints, all message violated the Act and why the DIA didn’t take action In mid-May, the Department of Inter- relating to separate messages, between Telecom claimed they were exempted nal Affairs’ Anti-Spam Unit contacted November and February 1st. from such requirements, due to a mes- McConnochie with an update of the sage sent back in November, which told complaint. The Department’s corre- Write a submission for LEX now! spondence stated that as a subscriber, Despite being pleased that his suspi- customers that unless they text stop As I’m sure you’ve noticed the content of this magazine is largely written by law now, they agree that future text mes- McConnochie had an on-going rela- cions were correct, he was disappointed sages do not require “opt-out” informa- tionship with Telecom and the mes- with some parts of the decision. students. But how do I write for LEX...? It’s easy: tion. Section 11(2) of the Act allows sages were related to that subscrip- tion, therefore making the messages 1) Write an article companies to not include unsubscribe “The OIA revealed that the DIA was information, provided there is a “con- “factual” rather than commercial. The 2) send your article to [email protected] Department also considered the initial happy [with the text message sent in ince mediation became a legitimate traditionally held in society. a universal registration system makes it Haley. Where parties are forced into cir- Smethod of alternative dispute resolution, difficult to differentiate the bona fide me- cumstances by the decision of a court, there have been numerous objections made diators from the rogue operators. There there is likely to be ensuing litigation by by critics of the process. Those that are most The second response I shall use to dem- aren’t any consequences for mediators the dissatisfied party Mediation: prominent will be outlined here. In my opin- onstrate mediation can be defended in who act in an unethical or unprofessional ion, mediation can be defended in light of light of the feminist critique is the emo- manner during mediations. Regulation is these critiques. tional costs associated with mediation imperative in order to maintain account- However, while attendance at a court- compared to other forms of dispute reso- ability. ordered mediation is compulsory, set- lution. Mediation is a less emotionally tlement is not. There has been research Feminist Critique costly form of dispute resolution and this conducted which suggests that man- Defending a allows all participants (not just women) Furthermore, an extension of this critique datory mediation does not adversely The feminist critique relates to an imbalance of power in the mediation process. It advo- to be stronger in expressing their views. is that it is not only the participants to a affect settlement rates. The non-binding cates that mediation fails to provide adequate The emotional costs of mediation are far mediation who are affected, mediators nature of mediation means a party who remedies to minority groups such as women, less than those associated with adver- too can be adversely affected by the cur- is dissatisfied with the options available principally due to an imbalance of power (as sarial forms of dispute resolution. rent lack of regulation in New Zealand. for resolution may voluntarily put an endorsed by Richard C Reuben in “The Lawyer This is because they are not protected end to the process. Diplomatic Turned Peacemaker”). against legal action unless the mediation First, a process that is less emotionally agreement provides for it. The agreement tolling permits women to have a stronger is often poorly drafted or incomplete To respond to this objection, mediation voice of opinion than an adversarial thereby exposing mediators to even can be rehabilitated in light of the con- The argument is essentially that women have process. Mediation permits parties, rather more potential litigation. sent critique because of the enduring traditionally held the weaker position to men than counsel, to participate and have a nature of a negotiated solution. Settle- in both society and marriage. This leads to voice in the outcome of the case as well ment through mediation outweighs any Solution them not having the bargaining strength and as a sense of control. The two organisations, AMINZ and concerns relating to consent because negotiating skills necessary to get what they LEADR, do not provide immunity for a negotiated solution is an enduring need out of a mediation. members from prosecution. Therefore, solution. Secondly, mediation has room for rem- despite the existence of such organisa- edies, such as an apology that parties tions, New Zealand is clearly in need of Women are adversely affected by the media- cannot obtain in litigation. Such empathy statutory reform in the field of mediation. A negotiated solution that has been tion process because they can be deprived of can be the turning point of a mediation. agreed to by both parties is more ben- the opportunity to have their perceptions val- The process transforms conflict into reso- eficial because it tends to last longer. idated by a judge in a court room or indirectly lution at its very core, rather than merely The government is unlikely to contem- Sustainability isn’t necessarily achieved by society. This view is endorsed by numer- providing an answer to the superficial plate new legislation in the short term solely through consent to mediation; it ous critics of mediation including Trina Grillo. dispute. Research has shown that emo- because there has already been an at- can be achieved through the mediation The neutral character of a mediator means tions surrounding a dispute do in fact tempt to reduce uncertainty in relation to process itself. Regardless of whether the a woman’s point of view is not corroborated affect clients and their decisions when it confidentiality and mediation privilege in parties consent to the process, if they leading to a sense of dissatisfaction. comes to dispute resolution. the Evidence Act 2006 (s57). can reach a negotiated agreement, the solution will be enduring and the par- ties’ will achieve long term satisfaction. Finally, the last point that the feminist critique Lastly, mediation provides a forum in Furthermore, the New Zealand govern- endorses is that mediation may encourage which parties can repair broken relation- ment is likely to be influenced by Aus- undetected gender bias because media- ships and restore peace and equilibrium tralia where a voluntary, self-regulatory In a situation where the parties are tors are more likely than courts to engage in according to commentator Linda Mulc- National Mediator Accreditation System required to work together in future or behaviour that is gender biased (Grillo). This is ahy. Parties are encouraged to focus on was introduced in January 2008. have a continuing relationship, it is dif- partly due to the lack of regulation of media- mutual gains and looking to the future ficult to reconcile their differences with tion in New Zealand because there are no thereby accentuating the positive aspects an adversarial method of dispute reso- sanctions in place for a mediator who acts in of the relationship. While there is a lack of regulation of lution. This is because there is inevitably an unethical manner. mediation in New Zealand, it is difficult a winner and a loser so one party is left to consider it to be a legitimate form of dissatisfied. Lack of Regulation dispute resolution unless the legislature In response, I think mediation does the op- takes action to minimise the problems it “An analysis of whether mediation posite of what the feminist critique claims – it In New Zealand there is a lack of regula- causes. This leads to the conclusion that The mediation process attempts to empowers women not enfeebles them. The tion of mediators. Whilst the legislature mediation cannot be defended in light eliminate this sense of dissatisfaction by empowering nature of the mediation process regulates some forms of alternative dis- of this critique. It will take government allowing the parties to reach mutually can be defended in light of objec- means the above critique is unfounded. pute resolution such as arbitration with action before mediation can be rehabili- beneficial agreements amongst them- the Arbitration Act 1996; mediation has tated in this way. selves. Mediated agreements often tions made by critics of the process” remained principally unencumbered. cover procedural and psychological It views mediation as a medium for oppress- issues that are not necessarily admis- ing women and putting them into a situation Consent in court-ordered mediation sible in litigation. This generally results where they are powerless. However, media- There are two New Zealand organisations in parties being more satisfied with tion in fact does the opposite. The process ac- (AMINZ and LEADR) which minimise the solutions as opposed to those imposed tually helps all participants (not just women) adverse effect of the lack of regulation to The final critique that is prominent by a judge. clarify and stand up for what they want. some extent. The problem isn’t elimi- amongst commentators relates to the According to commentator Joshua Rosen- nated entirely because membership is lack of consent by parties in situations berg, it is those who settle without the benefit voluntary and while both organisations of court-ordered or mandatory media- To conclude, mediation is an excellent of mediation who are more likely to sacrifice have codes of conduct, they differ from tion. Where mediation is ordered by the and effective tool to resolve disputes. their own interests. and are inconsistent with one another so court, the lack of consent by the parties While there are people who criticise the there are no one set of rules to adhere to. to enter into the process is a significant process, in my opinion it can be defend- issue. Critics suggest mediation should ed despite these critiques. The parties are empowered because media- be a voluntary process. This is because tion enables them to be the ultimate decision The New Zealand government has consent to mediation gives the disputing makers. They are able to reach agreements recognised the mediation process as an parties ownership of their dispute and that take into account important factors, such alternative to litigation for example in the the right to decide its outcome (Jacque- as emotions, that are often ignored in the Human Rights Act 1993 and the Employ- line Nolan-Haley). judicial process. Mediation gives parties the ment Relations Act 2000. But even with opportunity to understand the other party’s so much development in the field, there *********** perspective and creates a more willing at- are still sparse controls and safeguards in The main argument put forward by critics titude to settle. There is a sense of empower- place. when it comes to consent is essentially By Shayne Chandra ment and satisfaction in having individuals that consensual participation in a media- resolve their own disputes (Linda Mulcahy). tion implies a commitment to honour This lack of protection leads to mediators ones promise. It is linked to sustainability. having a lack of training or experience If parties’ give their consent, it is unlikely Thus the feminist critique is unfounded and which goes on to adversely affect the they will later challenge any agreement views women as a powerless entity incapable participants of a mediation. The lack of of overcoming the weaker position they have made in mediation according to Nolan- of this is the Mana party. If they emerge The two Act MPs (Sir Roger Douglas The Maori Party as a serious contender Labour could po- and Heather Roy) that have consist- It’s an understatement to say this is tentially lose some of its core vote here. ently voted against the government make or break time for the Maori Party. ELECTION 2011 : PREDICTIONS However with the enigma that is Hone on liberal social issues are both depart- Joining the National coalition has Harawira at the helm, this would appear ing. Furthermore the selection of the alienated some of its hard left support unlikely. During the election campaign extremely conservative John Banks in base, resulting in Hone Harawira defec- there will be a series of polls that will Epsom, Acts only winnable electorate tion and the formation of the Mana show a left wing mish mash coalition to seat, suggests social liberalism is not on Movement. Both Tariana Turia and Pita be possible. This will give Labour hope, the top of the party’s agenda at the mo- Sharples are getting on and will not but it will be dashed on election night ment. Luckily for Act our post recession be able to stay in leadership positions when swing voters stay with National in deficit will put government spending in much longer. It is still unclear if Sharples order to maintain certainty of govern- the spotlight and allows them to cam- will even stand this election. The core ment. paign heavily on economic issues. If Act Maori vote is not big enough to sustain is to survive for the long haul it needs two Maori parties long term, one of to establish unity in the party and put The Greens them will have to go eventually. The an end to the petty infighting and un- Maori Party could be facing stiff opposi- The Greens always have high hopes necessary scandals that have marred tion from both Labour and Mana in the of getting over 10% and cementing their term in government. Don Brash is Maori seats which will reduce their MPs their place as New Zealand’s third too old to be a long term leader. For Act in the house and could spell the begin- main party. Unfortunately for them to continue to be a political force they ning of the end of the party. They’ll gain it never seems to quite work out that need to recruit a number of quality list 1-2% of the vote and lose 1-2 MPs. Their way. Luckily they will always be a part candidates and potential future leaders continued survival will be dependent of New Zealand politics: because New that will give the party the continuity it upon going through a smooth lead- Zealanders really like trees. As alluded needs to sort itself out. Act will fall short ership transition and re establishing to above, under the relatively new co of the 15% Dr Brash believes he will themselves as the stable force in Maori leadership of Metiria Turei and Russell achieve but will manage 4-6% and John politics. Norman the Greens have returned to Banks will win Epsom. The party does their core environmental policies, they however have to be extremely careful threw away their social justice agenda that Banks’s electorate seat does not The Mana Movement with the departure of Sue Bradford. A give him a stranglehold over the party in the future. There’s no doubt this new party will good move as it makes their message keep things interesting. But it’s hard much simpler and effective in contrast to see a long term future for the party. to previous years where the green mes- New Zealand First The personalities involves are simply sage has become somewhat confused. too volatile. They’ve already got a crisis They’ve also passed a resolution at their Winston Peters will have to be dead of identity with the party seen as half recent annual conference that would before anyone can say with certainty socialist half Maori nationalist. Their allow them to entertain the possibility that he won’t return to parliament one n Saturday the 26th of November right wing fanatics to keep National’s (and not forced to resign) it is likely he pre election policy meetings will be of supporting a National led govern- day. With a firm reliance on populist interesting; getting the out spoken Othis year New Zealand will go to core vote happy. Expect to hear more would still be an MP. It’s a pity because it ment (although they note this is very, racist policies and a charm that the over the polls to determine who will form about privatisation although this will be seems everyone liked Hughes (on both personalities of Harawira, Sue Bradford, very unlikely). While the move might 65’s can’t get enough of, Winston could Matt McCarten and John Minto to agree the next government. Will National watered down to ‘public private part- sides of the house) and was certainly an shock the hard core lefties in the party return. But he won’t this election. All romp in with the first clean major- nerships’ and the emphasis will be put effective politician. But Cunliffe, Jones, on anything will be a significant hurdle it seems to be smart political pandering hopes were quashed as soon as John which will probably never be overcome. ity since MMP was introduced or will on ‘mum and dad investors’ (you’ll hear Robertson, and Parker all know the and makes them more likely to pick up Key announced he wouldn’t work with Labour manage to cobble together an this phrase a lot in the election cam- damage has already been done. They Once again it’s a case of ‘this country the so called ‘chardonnay environmen- him once more. Everyone knows New ain’t big enough for the both of us’. unlikely coalition to dispose Mr Key? paign) as a response to Labour harping see the writing on the wall. They will put tal vote’ – those that live on the North Zealand First’s core support comes Here is what will happen: on about the foreign corporates buying their hands up for leadership positions New Zealand cannot sustain two Maori Shore, Oriental Bay or in Fendalton that from the older among us. The same old parties. Mana will have to swallow the up New Zealand. In true conservative in the wake of election defeat and start also really care about trees. In all likeli- people tend to be a bit conservative; tradition National won’t rock the boat work on rebuilding the party in 2012 Maori party if they want long term hood the Greens will once again garner they’d vote National if Winston weren’t survival. But that won’t happen. They’ll National this election, however Labour will do with enough time to change voter around 7% of the vote. Any more will be around. In making his statement Key ef- their damndest to portray them as right perceptions before 2014. Labour will gain 1-2% of the vote but fortunately John Key will be elected for a second at the expense of Labour and will not fectively made a vote for New Zealand Harawira will win Te Tai Tokerau and term as Prime Minister of New Zealand. wing revolutionaries. It won’t work. attempt to avoid a total collapse in their be due to any good politicking on the First a vote for a Labour led govern- National will come close to a clean vote by promoting populist policies Mana will be returned to Parliament. World Cup disaster, a ballooning deficit part of the Greens. ment. This will scare most of them back Hone will bring someone with him – if and increasingly frustrated Christchurch majority due to Mr Key’s popularity but such as no GST and fruit and vegetables, to National. Winston will gain a respect- won’t quite make it. They’ll need at least raising taxes for the rich and running an he gets lucky. The party will implode could all negate a clean majority, but able 3% but won’t win an electorate soon after. none of these factors will prevent the one coalition partner. anti privatisation campaign. They will Act seat and thus will be left out in the cold return of Prime Minister Key. Why? We offer little or no solution to the current once more. debt problem and the costing of their To Act supporters the return of Don like him. He has a nice smile, talks about Brash has started a revival of the party ************* his vasectomy on camera and when Labour policies will be dubious at best. But this won’t matter, because they won’t have that will bring members, money and he stuffs up he laughs at himself. New The only reason Phil Goff is still the candidates in abundance. To many a United Future Zealanders like this. In contrast Phil Goff leader of the Labour Party is because the chance to implement any of them. Labour has already lost its centrist vot- vote in excess of 10% is a foregone The Peter Dunne party will continue by Greg Belton-Brown dies his hair, laughs awkwardly and tries the rest of the caucus know that losing conclusion. I’m not so sure. The future under the guise of United Future – to look cool by riding motorcycles. It is an election does not do your future ers to National, what they now risk is losing their core support to the Greens. of the party is still very much in the bal- just. Dunne will win Ohariu by a slim no surprise Goff languishes over 40% prospects of becoming Prime Minis- ance and while they will be elected to majority and gain less than 1% of the behind Mr Key in the preferred Prime ter any favours. Goff’s handling of the Luckily for the Labour party the Greens appear to have abandoned their social parliament once more, it could also sig- party vote. He will be in government Minister rankings. The National party’s Darren Hughes affair was a shining nal the death of the Act party. Despite again but this time will be his last. He broadly centrist policy platform will be example of his incompetency as leader. justice agenda that was heavily pushed under Sue Bradford so they should calling themselves ‘the liberal party’ Act will gracefully retire before the 2014 designed to appease swing voters and If Hughes had been stood down as soon has a heavy focus on economic issues. election. while there will be the odd tickle for as Goff became aware of the incident maintain that vote. The red herring in all TAX LAW : Opening the Floodgates to Tax Fraud Is the most significant change to property law in decades slipping through Parliament virtually unnoticed ” New Zealand Labour and Green Party in a trust without due care can give rise The full reasoning follows as it is not members also believe the analysis upon to a taxation liability. overly long (emphasis added by the which the gift duty abolition proposal is author): based is fundamentally flawed be- Under present taxation law if you give cause it does not adequately take into assets of more than $27,000 to anyone “In light of the increasing number of account the full range of potential tax then your gift will attract taxation. Most requests for exemptions from gift duty, avoidance opportunities. T rust struc- people do not know this and almost no a review was initiated. Options consid- tures are one subset of possibilities revenue is ever collected on this even ered included: but these members do not accept that though very large gifts to trusts are • narrowing the scope of gift duty to the analysis has been comprehensive. fairly routine. apply only to gifts between individuals, Accordingly the cost – benefit analysis And the reason for this is that the law trusts and closely held companies; upon which the bill rests must also be has evolved a mechanism for circum- seen as fundamentally flawed, as no venting gift duty in almost all circum- • raising the thresholds at which gift attempt has been made to quantify stances . And it is administering this duty applies; the counterfactual of avoidance risk mechanism- which looks a little like a • removing the requirement to file gift pertaining to the full range of structures sleight of hand – which costs taxpayers statements for non-liable gifts; available. $70 million a year. • introducing electronic systems for the These members note that no sensitivity The way trusts typically gets assets filing of gift statements and payment of analysis has been provided. No options without paying gift duty works like this. gift duty; and analysis has been provided. The policy process would not meet the standards 1. A family trust is set up to hold assets • updating life-expectancy tables for expected under a thorough Regulatory (e.g. a house) currently owned by an valuing annuities under the Estate and Impact Statement. individual to protect them in case the Gift Duties Act 1968. owner gets sued by his clients; As the review progressed, a strong case … 2. The trust purchases an asset (e.g. a for outright abolition emerged. Some New Zealand Labour and Green Party house) from person(s) but does not pay of the concerns which existed in 1992 members believe, in the first instance, for them; have been addressed or reduced by the that any legislation proposing the aboli- strengthening of existing legislative tion of gift duty should be delayed until 3. Instead the Trust agrees to borrow provisions. Remaining areas of concern the Law Commission’ s review of trust the purchase sum from the seller inter- were scrutinised in consultation with law is complete. However , while realis- est free; the Treasury, the Ministry of Economic ing that gifting to trusts is a significant 4. The vendor then forgives the loan at Development, Ministry of Justice, component of the gifting regime, there $27,000 a year, each year they file a tax Ministry of Health, New Zealand Police, are many other gifting return to this effect and provide a deed the Ministry of Social Development, On October 1st one of the most signifi- Before it can come into effect (on Octo- more or less without restriction and of gift. and Housing New Zealand Corporation. cant reforms to property law in decades ber 1st) it will need to pass through its without tax implications. opportunities that have been used to None of these agencies opposed gift is due to come into effect with the second reading, committee stages and avoid either tax or other responsibilities. 5. On the death of the vendor they duty abolition. abolition of gift duty. third reading. While in theory there are legal provi- forgive the remainder of the loan, and sions to undo gifts in the event of In order to understand why this change because there is no death duty in New The review concluded that gift duty no For most in the legal and accounting While the bill is expected to receive insolvency – in practice if you can move was ever thought a good idea it is first Zealand that residual gift does not at- longer raises any significant revenue industry (including the Law Commis- a clear majority of support via the assets between entities you can move necessary understand how it relates to tract any taxation either. and imposes a high level of compliance sion) the perception appears to be that National and ACT parties – the potential them down a chain of entitites – and the Law of Trusts. Almost all of the $70 costs on the private sector. The protec- provision has already been passed, for political fallout is considerable given that becomes very hard to undo. million in compliance costs around gift There are tens of thousands of trusts in tions offered by gift duty in the areas of although it has not. that the benefit of the provision flows duty arise out of this. New Zealand which have been set up The change therefore has very wide in this fashion. Many MPs have them as income tax, creditors and social assist- The politics of the change – which looks mainly to the wealthy and the threat to ranging implications for the law of Under the existing law of Trusts setting ance have been incidental rather than the overall tax base via avoidance has up a trust is a relatively complex matter do many professionals working in fields intended policy goals. The analysis un- like a tax cut for the rich – would seem not been quantified. trusts, the law of taxation and the prac- in which there is a possibility that they to paint it as an obvious target for some ticalities of debt enforcement – includ- especially if you intend to settle any may be sued by their clients. dertaken across government revealed filibuster tactics on the part of the Op- In their minority opinion in the report ing in relation to wills and matrimonial significant level of assets in it. that the protection gift duty offers is in- position. And therefore it does seem back Labour and the Green Party have property disputes. Rich individuals, families and corporate efficient and limited and is outweighed While trusts do not need to be regis- entities of all kinds also use trusts to by the significant compliance costs it possible that the bill will not come into clearly indicated they will be opposing According to several lawyers spoken tered, and at law do not even have to effect of October 1st as intended. the provision on the grounds that it is be written down, in practice if you want manage their property and wealth. imposes on the private sector. ill-considered and wide ranging in its to by Werewolf it will result in a legal Companies and corporate use them It appears that the full implications of environment in which: one that will stand up to a legal attack also for a variety of purposes including The bill abolishes gift duty with effect this change haven’t been fully thought implications. you need to construct it carefully and in from 1 October 2011. The government - tax avoidance will become much accordance with the letter of the law. creating structured tax arrangements agencies mentioned above will moni- through. On the papers which have Abolition of gift duty change was pro- easier and cheaper; designed to minimise taxation liabili- been published (and considered below) posed as a way to simplify tax law and Typically to do so you will need to to ties. tor the effects of gift duty abolition and it is easy to conclude that what consid- remove a $70 million burden in seem- - money laundering will become signifi- engage a lawyer and possibly an ac- Inland Revenue will initiate a post- eration there has been has lacked rigor. ingly unnecessary compliance costs on cantly easier (and cheaper); and countant, you may need a professional The policy issues around the abolition implementation review to ensure there taxpayers (plus a $430,000 cost to the trustee if you do not have the expertise of Gift Duty were initially addressed by are no unintended consequences.” Meanwhile on its face the change will IRD.) - defeating creditors claims (including IRD’s Policy Advice Division in a com- open the door to massive tax avoidance those under the Family Protection Act yourself (i.e. you are neither accountant mentary on the bill published when it The bill received relatively few submis- and make the defrauding of creditors However many submitters on the and Relationship Property Act) will be nor lawyer). was introduced on 23 November 2010. sion, just nine. (including the IRD) vastly easier than it change and lawyers in private practice much easier, faster and cheaper. The paperwork to set up a trust starts at In a report on these submissions of- is at present. believe the impact goes far beyond this. This paper includes a very brief com- In the report back on the Bill a minor- around $1000 (at the Public Trust) and mentary on the Gift Duty provisions in ficials dismissed all the concerns of The change is contained in the Taxation Without gift duty to slow things down ity opinion was voiced by the Labour commercial rates from lawyers and ac- the bill. This states that the abolition of submitters – several of whom even (Tax Administration and Remedial Mat- anyone (including corporate persons, and Green parties concerned primarily countants are similar at the bargain end gift duty had been considered when though supporting the move in theory, ters) Bill which was reported back from companies, trusts etc.) will be able to about the tax avoidance implications. of the market. death duty was abandoned in 1992 asked for the Law Commission to be al- Select Committee last week. instantaneously move valuable assets Quoting from the report: The main reason that all the above is but ruled out in 1992 due to concerns lowed to complete its report before the (including cash, loans and property) necessary is that putting valuable assets around it enabling tax avoidance. change was made. According to the summary of submis- number of people won’t have any legal The question then arises – will the odder. In their report on submissions New Zealand) Recommendation sions six supported the change and one avenue open to them, ” there is no wider legal fraternity actually believe the following obiter remarks scrape the opposed. evidence that these cases would be any of the officials’ assertions on these surface of a huge area of law in which Abolition of gift duty will cost the Gov- That the submissions be noted. significantly affected by the removal of issues? And will Parliament? IRD officials simpy have no experience ernment just 0.003% of total tax rev- So in the opinion of the report writer But while this may be technically cor- gift duty.” of competence. enue, while relieving the private sector the beneficiaries of the law as it stands rect – it does not really do justice to the And when answering this question the of $70 million in compliance costs. Gift are “private practitioners who assist nature of the submitters opinions. On the issue of succession the officials ground quickly moves to the difference ” There is a risk that making ad hoc duty has been an impediment to farm with drawing up deeds and filing gift The Institute of Chartered Accountants again take the view that gift duty is between the reality of the operation of amendments to any of these Acts may succession from one generation to the statements.” for example said that while it welcomed not intended to prevent live people for law and the theory. undermine the long-standing policy next. Although farmers must have land the abolition of gift duty – in its view disposing of their assets as they wish. Yes in theory tax law is there to collect that underpins them and could affect assets, this does not mean they have Not mentioned are the wealthy who “there are a number of tax avoidance It appears that officials see this as an tax and so a tax which collects very little the legitimate use of trusts. For exam- high incomes, with recent data from have to pay these fees in order to opportunities that may arise in the ab- unintended consequence of gift duty tax and costs millions to administer is ple, requiring all parties to a relation- the Ministry of Agriculture and Forestry organise their affairs to protect and sence of gift duty”, going on to list five. and therefore illegitimate in some prin- on its face something of an aberration. ship to receive legal advice before one showing meagre incomes for farming, administer their assets. cipled sense. party to a relationship transfers assets with poor rates of return and increasing Therefore, the correct answer to the The Institute said further consideration “Generally, property that is owned And so yes Gift Duty was not intended into a trust (or makes major changes) agricultural debt. (Federated Farmers) question – Is gift duty abolition a tax was needed of these and other issues jointly with another person or that to protect creditors, make tax avoid- would impose significant compliance Comment cut for the wealthy?- is YES. and suggested a staged approach to al- is disposed of while a person is alive, ance more difficult or protect children costs on couples that have a trust for a low this. In the first instance rather than whether by transfer to a trust or other- and spouses from losing family prop- genuine purpose, particularly when the Officials note that gift duty applies only abolishing gift duty the threshold for its wise, does not fall into their estate and erty – however at present it does play a value of the trust was relatively low. It is to aggregate gifts over $27,000, made application should be raised to $80,000, is therefore not available to claimants role in all three. also likely to be unnecessary, as couples by a person in any 12-month period. they said. under the Family Protection Act or the The relatively few submitters to this bill who transfer significant assets into a Therefore, abolition affects only those Officials response to the Institute’s Law Reform (Testamentary Promises) argued pragmatically that the unin- trust would be likely to seek profes- who have assets greater than this value submission on Tax Avoidance was curt Act. This is consistent with the policy tended consequences of this reform sional advice.” and who wish to give up their legal and dismissive: that these Acts do not restrict what mean that any policy move in this area So why then is the Government doing ownership of them. ************* “The key feature of all the avoidance a person may do with their property should be accomplished more slowly this? It has been noted that gifting pro- by Alastair Thompson practices raised by the New Zealand In- while they are alive, including gifting and carefully because of this. All of The following section in the officials grammes are widely used; therefore gift www.werewolf.co.nz stitute of Chartered Accountants is that that property to another person. It is them can see the potentially huge report seems to answer that question. duty is rarely incurred, often only by gift duty does not prevent them. Legal not clear why transfers to a trust should implications that this change has in mistake. The extent to which abolition title to assets (as well as any income be treated differently.” several different fields of law. IS GIFT DUTY ABOLITION A TAX CUT can therefore be considered a tax cut they generate) transfers immediately The third major area of concern, credi- IRD policy officials have responded with FOR THE WEALTHY? is limited to the $1.5 million (before when a gifting programme is set up. tor protection, was similarly disposed of a very narrow and principled view that Submissions administration costs) that it raises annu- The outstanding debt, progressively in a few brief sentences by officials. law should not act by way of unintend- ally, resulting from approximately 900 forgiven, is of no assistance in remedy- ed consequences. (Federated Farmers, National Council of gift statements. ing these avoidance behaviours.” It is notable that this problem was only Women of New Zealand) The real savings will be in compliance addressed by one submitter to the bill On Tax Avoidance they respond that the New Zealand’s wealthiest citizens have costs (an estimated $70 million each It should probably be left to tax according to the officials summary – law contains other protective provisions a continuing economic advantage of year). The benefit of these costs goes practitioners to critique this response but in fact would appear to be the most which it does. However the tax lawyers transferring assets to trusts, and as to private practitioners who assist with in detail, but what seems to be being serious area of concern in terms of its spoken to in the course of writing this major beneficiaries of recent tax cuts, a drawing up deeds and filing gift state- ignored here is that more complex implications for property law. article do not believe this for an iota. further move to relieve them of costs is ments. arrangements will be able to be built It appears the officials have forgotten In practice sophisticated tax avoidance unfair. (National Council of Women of faster and cheaper. that when it comes to property posses- involved the use of deliberately confus- The Institute of Chartered Accountants, sion is nine tenths of the law. ing structures to hide the true effect of The National Council of Women and financial arrangements. Removing gift the Law Society all expressed concerns Officials stated that there are three duty will make the design, construction regarding the impact of the abolition existing provisions in the law which and execution of these arrangements on Family Protection and Relationship allow for gifts to be clawed back for the easier. It will therefore make the en- Property proceedings. benefit of creditors. forcement of anti-avoidance law harder. “In the context of these existing provi- The Family Protection Act protects sions, officials do not consider that any Meanwhile the effect the provisions will children and spouses who are excluded new creditor protection measures are have on the IRD’s ability to recover bad from inheritance in wills. By allowing necessary at this time. The Ministry of debts does not appear to have been full gifting prior to death the interests Economic Development has commit- considered at all by the IRD officials. of children who miss out on any inherit- ted to monitor future cases brought It will be interesting to find out what ance will be extinguished. under these Acts, and a government- officials from IRD’s debt enforcement In the case of relationship property a wide post-implementation review will section really think about this, have non-property owning spouse or partner consider any effects resulting from gift they even been asked? may find that the matrimonial home duty abolition.” On the issue of Trusts officials clearly has been gifted to a trust without their As anyone who has ever attempted to point towards the Law Commission’s knowledge and is therefore out of reach pursue fleeing money will tell you the work. They seem to expect the Law when they separate. provisions which allow for the claw Commission to solve the various prob- The officials response to this submission back of assets passed between entities lems that may emerge as a result of was somewhat lengthier than the one are very hard to enforce, mainly be- their making a fundamental change to on tax but similarly curt. cause by the time you can find a court the nature of trust law practice in New to address the location of an asset it has Zealand. On the issue of relationship property moved somewhere else. This approach seems to have the IRD they begin by saying that gift duty is looking towards the Law Commission not the best means of protecting these However after dismissing all the above to provide the appearance of policy interests. concerns officials concluded in sum- rigor to the change. However the tim- They then say that the Ministry of mary that: ing of the Law Commission project is Justice disagreed with the submitters, “Submitters have called for further work such that they are at present assuming listing a bunch of legal remedies avail- to be done in some related areas, nota- that the gift duty change will be made able to those who lose their inheritance bly in the area of relationship property before they begin the bulk of their or have their matrimonial property rights and the law of trusts, and while work. alienated. some want to delay abolition, the gen- eral consensus is that gift duty should On Family Protection and Relationship Finally they say that while a small not be retained for these purposes.” Property matters the officials are even between killers.” The most immediate and significant consequences are likely to be seen in Pakistan. There is much discussion of COMMONS Washington’s anger that Pakistan didn’t turn over bin Laden. Less is said about the The Revenge fury in Pakistan that the U.S. invaded their territory to carry out a political assassina- tion.

Pakistan is the most dangerous coun- Killing of bin Laden try on Earth, with the fastest-growing nuclear arsenal. The revenge killing on Pakistani soil only stoked the anti-Ameri- by Noam Chomsky can fervor that had long been building. In his new book, “Pakistan: A Hard Coun- “When the time came to consider the fate of men try,” Anatol Lieven writes that “if the U.S. much more steeped in wickedness than Osama ever put Pakistani soldiers in a position bin Laden – namely the Nazi leadership – the Brit- where they felt that honor and patriotism ish government wanted them hanged within six required them to fight America, many hours of capture.” would be very glad to do so.” And if Pakistan collapsed, an “absolutely inevitable result would be the flow of large numbers of highly trained ex- he May 1 U.S. attack on Osama bin that will leave our reasons and motives soldiers, including explosive experts and TLaden’s compound violated multiple clear.”’ engineers, to extremist groups.” elementary norms of international law, beginning with the invasion of Paki- stani territory. Another perspective on the attack The primary threat is leakage of fissile comes in a report in The Atlantic by materials to jihadi hands, a horrendous veteran Middle East and military cor- eventuality. There appears to have been no attempt respondent Yochi Dreazen and col- to apprehend the unarmed victim, as leagues. Citing a “senior U.S. official,” presumably could have been done by they conclude that the bin Laden killing The Pakistani military has already been the 79 commandos facing almost no was a planned assassination. pushed to the edge by U.S. attacks on opposition. Pakistani sovereignty. One factor is the drone attacks in Pakistan that Obama “For many at the Pentagon and the Cen- escalated immediately after the killing of President Obama announced that tral Intelligence Agency who had spent bin Laden, rubbing salt in the wounds. “justice has been done.” Many did not nearly a decade hunting bin Laden, agree – even close allies. British barris- killing the militant was a necessary and ter Geoffrey Robertson, who generally justified act of vengeance,” they write. But there is much more, including the supported the operation, nevertheless Furthermore, “capturing bin Laden alive demand that the Pakistani military coop- described Obama’s claim as an “absurd- would have also presented the admin- erate in the U.S. war against the Afghan ity” that should have been obvious to a istration with an array of nettlesome Taliban. The overwhelming majority of former professor of constitutional law. legal and political challenges.” Pakistanis see the Taliban as fighting a just war of resistance against an invading army, according to Lieven. Pakistani and international law require They quote former West German Chan- inquiry “whenever violent death occurs cellor Helmut Schmidt, who comment- from government or police action,” ed that “the U.S. raid was ‘quite clearly a The killing of bin Laden could have been Robertson points out. Obama undercut violation of international law’ and that the spark that set off a conflagration, with that possibility with a “hasty ‘burial at bin Laden should have been detained dire consequences, particularly if the in- sea’ without a post mortem, as the law and put on trial.” vading force had been compelled to fight its way out, as was anticipated. requires.” They contrast Schmidt with U.S. Attor- ney General Eric Holder, who “defended “It was not always thus,” Robertson use- the decision to kill bin Laden although Perhaps the assassination was perceived fully reminds us, ``When the time came he didn’t pose an immediate threat to The roots of the revenge killing are Mohammed Hussein Fadlallah sharply Subsequent U.S. actions, particularly as an “act of vengeance,” as Robertson to consider the fate of men much more the Navy SEALs,” and testified to Con- deep. In the immediate aftermath of condemned al-Qaida’s 9/11 atroci- the invasion of Iraq, gave new life to concludes. Whatever the motive, it could steeped in wickedness than Osama bin gress that the assault had been “lawful, 9/11, the American desire for venge- ties on principled grounds. “We must al-Qaida. hardly have been security. Laden – namely the Nazi leadership – legitimate and appropriate in every ance displaced concern for law or not punish individuals who have no the British government wanted them way.” security. relationship with the American admin- hanged within six hours of capture. istration or even those who have an What are the likely consequences of indirect role,” he said. the killing of bin Laden? For the Arab “President Truman demurred, citing the They observe further that the assassina- In his book, “The Far Enemy,” Fawaz world, it will probably mean little. He ************* conclusion of Justice Robert Jackson tion is “the clearest illustration to date” Gerges, a leading academic specialist had long been a fading presence, and Noam Chomsky’s most recent book, with (chief prosecutor at the Nuremberg tri- of a crucial distinction between the on the jihadi movement, found that Fadlallah was the target of a CIA- in the past few months was eclipsed by co-author Ilan Pappe, is “Gaza in Crisis.” al) that summary execution ‘would not Bush and Obama counterterror poli- “the dominant response by jihadis organized assassination operation the Arab Spring. Chomsky is emeritus professor of linguistics sit easily on the American conscience cies. Bush captured suspects and sent to Sept. 11 is an explicit rejection of in 1985, a huge truck bomb placed and philosophy at the Massachusetts Insti- or be remembered by our children with them to Guantanamo and other camps, al-Qaida and total opposition to the outside a mosque. He escaped, but tute of Technology in Cambridge, Mass. pride ... the only course is to determine with consequences now well known. internationalization of jihad ... Al-Qaida 80 others were killed, mostly women A fairly general perception in the Arab the innocence or guilt of the accused Obama’s policy is to kill suspects (along united all social forces (in the Muslim and girls, as they left the mosque – one world is captured by the headline in a after a hearing as dispassionate as the with “collateral damage”). world) against its global jihad.” of those innumerable crimes that don’t Lebanese newspaper: “The execution times will permit and upon a record The influential Lebanese cleric Sheikh enter the annals of terror. of bin Laden: A settling of accounts TOP FOUR LAWYERS OF Ed II #1Obama - for being cool IPLS to sponsor 2011 #2 Greg King - for publicly defending Bill Wilson #3 Lionel Hutz - for making us laugh NZLSA Conference #4 Oliver Wendell Holmes Jr - for inspiring us he Institute of Professional Legal Studies T(IPLS) has signed on as the naming rights sponsor of the 2011 New Zealand Law Stu- dent’s Association (NZLSA) Conference to be held at Waikato University between August 30 and September 3. The Supreme Court : “We are very pleased to be associated with this prestigious event and look forward to a long REVIEW and mutually rewarding association with the NZLSA,” said Bernadette Wilson, IPLS National IS IT UGLY ? Director. “As a premier provider of high quality professional legal education, IPLS is committed to developing effective junior lawyers ready to meet the standards expected of them as they The $80.7 Million Supreme Court building has proved itself controversial, here is a harsh discussion of the issues enter the workplace.

The competitions held during the Conference talinism is not something one would In design terms it is controversial for a There is one issue which is very dis- provide an excellent opportunity for prospec- Soften associate with justice, yet the number of reasons: primarily it is hide- tressing, if we consider the building tive lawyers to hone their skills in areas such architects of the Supreme Court build- ous and ostentatious, it resembles a ugly now then surely it is going to age as negotiating, client interviewing, witness ing have managed to reconcile the two soviet factory, it can only be described something horrific. An example which examination and more. in an unusual way. What is it with the as a Stalinist eyesore, it is only a repre- can be used to illustrate this point is New Zealand Government and its poor sentation of justice in this country to the Beehive: this building was boasted taste in architecture and design? From the extent that it is inefficient, foul-tem- about following its completion, it was According to Bernadette, these important top- that stupid orange man to the Supreme pered, and contrived by its own ego. considered modern and elegant, yet ics are also covered in detail in IPLS’ practical, Court building, something is wrong As we all know the court was estab- when one looks upon its towering skills-based courses. The Supreme Court of New Zealand lished to replace the role of the Privy brown concrete pillared walls now it building stands at the edge of the Council in 2004 – in support of this pri- is not impressive at all. The Beehive capitol, a short walk away the Beehive mary objective (to bring justice home) can only be considered an embarrass- “Our instructors are passionate about ensuring which houses the executive branch of it was decided that a new building was ment, it has nothing on the beautiful government buildings of countries law students enter the profession well prepared Government, and a stones throw from required, a building which was to repre- like England or the USA; in fact it even and ready to be a contributing member of the there is Parliament House, home to the sent the transformation of justice from legislative branch. All of these buildings a supposedly archaic imperial era to the has less taste than the government team from day one,” she said. “There is great buildings in Canberra. And what about value in law students coming together in an have something in common – they are 21st Century. hideous. Parliament House, it isn’t even finished! annual forum such as the NZLSA conference. The Supreme Court, which (accord- It is literally half complete! So I need not IPLS is proud to support this venture and play The Supreme Court building has now ing to the Ministry of Justice) has a even address it. been open for over a year, pigeon design life of 100 years, is located in an additional role in nurturing the lawyers of I suggest that next time the Govern- tomorrow.” droppings now cover the impressive Wellington, diagonally opposite Parlia- $4.5M bronze facade, and the grand ment, with the main entrance point ment is considering designs there ponds, known by local homeless as at 85 Lambton Quay. The complex sits should be greater public consultation. The event will be known as the IPLS New the Supreme Court swimming pool are between Ballance St and Whitmore Zealand Law Students’ Association Conference littered with cigarette butts and plastic St. Construction of the Supreme Court ************ bags. The building is not just hideous included the restoration of the dilapi- 2011. because is poorly kept, but because like dated old High Court building which Charles Witchurch other central government buildings it fell into disrepair after the doors closed fails to capture the purpose for which it in 1993 when the High Court was relo- ************** was designed. cated to Molesworth St.

About The Institute of Professional Legal Stud- ies Established in 1987, IPLS is New Zealand’s long- est serving provider of high quality professional legal education, delivering sills-based training to more than 10,000 graduates. For more infor- mation visit www.ipls.org.nz

High Court of Australia Supreme Court of Canada Supreme Court of UK 52 ways of SATIRE Two Systems, describing the 25. “While the two branches have now come to a place where 45. “The thing about Equity is that she’s always trying to yam- their relationship could be described as symbiotic, the rise of mer Common Law’s ear of the second he gets in the fucking relationship between equity can be blamed on the historic failings of the common door.” – Sir Charles Whitchurch QC law. Sort of like strip clubs and bad parents.” – Noam Chom- 46. “The thing about Common law is that he’s never home Both Alike in Dignity common law and equity sky and when he is it just seems like he’s taking this marriage for 26. Both branches have come to depend on one another, like granted.” – Lady Evelyn Whitchurch ****************************************************************************** those suffering from low-level down syndrome and Jeremy 47. “The thing about Equity is that in her union to Common Kyle law she always has to be right because she’s a fucking bitch.” 27. Like Greeks and big noses, amirite? – Sir Charles Whitchurch QC nyone who has studied the law of equity will have 11. Like the Birds and the Bees, I guess? Systems, heard of the classic pronouncement that common 28. Like Asians and bad driving, amirite? 48. “The thing about Common law is that he’s insensitive, A 12. If the systems of law were the elements it is clear that obnoxious, obtuse, malodorous and flaccid.” – Lady Evelyn law and equity, though having separate historical origins, common law would be wind, therefore, it has long been 29. Like Indians and owning dairies, amirite? are now fused together, supplementing one another to Whitchurch understood that statute law must surely be considered earth, 30. Like Koreans and spending literally all day in the gym, promote the values of fairness and justice in the legal and it is patently obvious that customary law is heart, like- amirite? 49. “The thing about Equity is that she’s a screaming jizzbag system. The situation has been likened to two strands of wise natural law is water and positive law is wind – with all with a Bundt cake for a brain and the I.Q. of an eggtimer. 31. Like Italians and herpes, amirite? a rope, two streams merging into a river and something their powers combined, equity is Captain Planet. Can you deal with that, Evelyn? AM I GETTING THROUGH??? else but christ the lecturer goes too fast. However, be- 32. Like Russians and liver failure, amirite? Maybe you didn’t pick up on this when you were doing your cause this fails to make the point clearly enough, here are 13. No wait, even better- they go together like Optimus Prime journalism degree, but some of us actually give a flying fuck 52 other ways of describing this essential relationship: and Ultra Magnus to become Omega Prime. He’s totally sick. 33. Like Americans and just being stupid and shit, amirite? about the truth! I don’t even expect an apology, you obsti- 14. “Furaha kwa kufa Kiswahili kwa muda huu upo kwa haku- 34. Like Africans and plantations, amirite? nate cow. I’M DOING THIS ONLY AS A ZEN EXERCISE. I hope you and your despicable mother catch rectal cancer and die na matata ila sie hapa wa Dutchi hatu zungumzi hivo sana 35. Like Australians and alleged dingo infanticide, amirite? 1. Common law and equity exist side-by-side kwa hio, hatu zungumzi hivo sana kwa hio, hatu zungumzi screaming” – Sir Charles Whitchurch QC 36. Like Jews and poisoning wells, amirite? 2. Common law and equity are distinct but interdependent hivo sana kwa hio hatu zungumzi hio” - Sir Anand Satyanand 50. *whimpering* - Lady Evelyn Whitchurch 37. “If the law was stranded on a desert island, it would marry 3. Equity and common law are two distinct systems that, by 15. (This above has been translated Amish Pating Patel, Chief 51. Common law and equity go together like Obiter Maga- the common law, fuck equity and kill parliamentary sover- their combined operation, achieve justice. Translator for the GG) “If it be saidith that the statute law zine and padded lists. formed the bones of the corpus, and that the law commons is eignty.” – Cooke P 4. Thus it may be surmised that the law of the com¬mons ex- 52. “For me, equity and common law are like the individual the flesh which binds together the bones; then surely it must 38. “Common law and equity are like us and them, one big ists with the law of equity, they merge together like the snow strands of a two-stranded rope. The rope as a whole is the and the stream in the springtime. be surmised that the law of equity is the soul which drives happy melting pot of white and non-white” – David Round the conscience” corpus of judge-made law. Each strand, while an essential 5. If it be saidith that the statute law formed the bones of the 39. They are like the Pope and covering up decades of child part of the whole rope, is still recognisable for what it is – a corpus, and that the law of the commons isth the flesh which 16. “The two systems go together like Philip Joseph and a molestation. discrete strand having a separate existence. The two strands snappy dress sense.” – Prof. Philip Joseph binds the bones together, then surely it must be surmised 40. They are like Jason Gunn and a hotel room, cheap hooker, work together to do the task required of the whole rope. that the law of equity is the soul which drives its conscience. 17. “Common law may be like throwing sub-machineguns a box of rubber bands, a floor lamp and a live woodpecker To achieve this they are intertwined. Each depends on the from the free-throw line, but you can’t process Equity with a other, and without each the whole rope would not exist. The 6. So it be surmised that the common law and equity have 41. They are like Feminists and armpit hair – the only differ- nor¬mal brain” – Charlie Sheen development of each strand may be influenced by its partner. joined together like peanut butter and jelly into the sandwich ence being that the law is not a hideous ball of rage that just Thus, if a single word is to be used to describe the modern of our system of justice. 18. “Death to Common Law and Equity!” – Osama Bin Laden needs to find a man relationship between law and equity, I would use the word 7. “Like Yin and Yang” - Confucius 19. “I AM THE LAW!” – Judge Dredd 42. “Equity produces justice like the queen produces eggs” – ‘intertwined’ … we do not have fusion of law and equity, rather we have intertwining.” 8. Equity is on an eternal vendetta for justice, upon sight of 20. “I AM THE LAW!” – Elias CJ David Icke Per Tipping J, Neil Williamson Memorial Lecture, 14 October justice it is like a pig to shit - Judge Judy 21. “I AM THE LAW!” – Tipping J 43. “The thing about Equity is she is entirely persuaded by emotion, while Common Law bases his decisions on facts and 1999. 9. “Common law and equity go together like truth and what- 22. “I AM THE LAW!” – Blanchard J ever the opposite of David Bain is.” - Everyone reason.” – Sir Charles Whitchurch QC *************** 23. “I AM THE LAW!” – Young J 10. “They go together like rama lama lama ke ding a de dinga 44. “The thing about Common Law is that he just doesn’t take by Andy Luck and George McLellan dong” – Danny and Sandy Grease (1971) 24. “I AM THE LAW!” – McGrath J the time out to understand Equity’s feelings.” – Lady Evelyn Whitchurch Don’t take our word for it .....

At the Institute of Professional Legal Legal Studies Course here, but also the Studies (IPLS) we think we are pretty option of completing it back in Dunedin if terrific. Our instructors are highly I decided I was forever a small-town girl. experienced legal professionals, our onsite classrooms provide a great learning IPLS: What are the first impressions of environment and plenty of opportunities the course and your instructors? to make new friends and build your peer Jenna: As I am doing the course network for the future while our online, I attended the Orientation Seminar training is firmly based on ensuring you here in Auckland in the week before the are a valuable team member from day course started. I would recommend this to one of your new career. But don’t take anyone studying online. It gave me a our word for it. Here’s what one of our chance to meet the other trainees in my current trainees, Jenna Riddle, has to say. course, which made it easier to conduct equipped me with the necessary interviews with them on day one of our onsite time-management skills and self-discipline IPLS: Tell readers a little bit about portion. It also provided a good overview to get all my coursework done well in yourself Jenna. When did you of the course. The instructors are very advance. Sadly, this is not always complete your degree and where? professional and approachable. When I am the case - you may have intimate Why do you want to be a lawyer? doing coursework online I hear from my knowledge of my enemy: procrastination! I Jenna: I graduated from the University of instructor weekly and receive frequent recommend sticking to the suggested Otago at the end of 2010. I have wanted to be e-mails to keep me focussed and informed. timetables for each seminar. The a lawyer since the tender age of seven when coursework is very manageable, but like my Nana fed my enthusiasm for all things law IPLS: What has been the best thing about anything, if you let things slip it Howard asked Beetle what “Sellin Tappi- with Law and Order, The Bill and various other the course so far? becomes harder to climb back to the top. gyubbi” is, Beet’s response was “It’s a ‘whodunit’ television shows. (You can Jenna: I recently had my first onsite block sappin boobie”. Hank the Dwarf, who was imagine my disappointment when I for the Legal Practice module. It covered IPLS: What are your career aspirations also in this interview, asked Beetle “What discovered law is far removed from the the interviewing, advising and negotiation once you have completed the course? do you have like 5 hits on your website?” Beetle confidently responded with, “I got courtroom antics of Boston Legal’s Alan seminars. I am in a small intake and got to Jenna: At the moment I am doing some like 20 hits on there”. Howard then asked Shore!) know the others in my group really well. I legal research while completing PROFS. I Beetle if there is any chance that “Sappi enjoyed the dynamic learning environment hope to gain admission in August and start doobie” will be made into a movie, Hank IPLS: Why did you choose the IPLS course with the instructors and trainees sharing my legal career as a litigator. When I told the quickly followed up with “When you do in Auckland and when did you start the their experiences relating to the seminars. others in my intake of my aspirations, they a movie, what does it take like 500 takes to do a line?” Beetle quickly responded, course? gasped in horror: “Why would you want to Movers & Shakers: “A line!! It takes me like 250 lines in one Jenna: I decided to spread my IPLS: What have you found the most be a litigator!?” By the end of our onsite time!” wings and move to the metropolis of challenging? block they hadn’t changed their minds about On the October 2, 2007 broadcast of Auckland for three clichéd reasons: love, Jenna: The biggest challenge has been how intimidating it would be to stand up in **************************** The Howard Stern Show, Jerry O’Connell opportunity and money. Luckily, IPLS offered staying on task. Some would think court, but we are now all more confident The Genuine - revealed that he knew Lester while he me the chance to complete the Professional completing a law degree would have with our newly acquired practical legal skills. : ) was growing up. O’Connell’s mother was Beetle’s special-ed teacher, and Beetle was such a good student that he did BEETLEJUICE special work as her “assistant”. Take the next step in your legal career Lester Napoleon Green (born June 2, 1968), In a very popular internet video, Beetle- known legally as Beetlejuice (often abbrevi- juice is questioned while on the set of the ated to Beetle or Beet), is a frequent guest Bubble Boy movie. Noticeably frustrated with the interview, Beetlejuice answers New PROFS courses @ IPLS enrolling now! on The Howard Stern Show and a member all of the questions by saying “I don’t INSTITUTE of of Stern’s Wack Pack. know, I don’t got nothin to do wit that.” The Institute of Professional Legal Studies (IPLS) is committed to developing effective junior PROFESSIONAL The video gained so much popularity eetlejuice (Lester Green) was born cephaly, which gives him his charac- lawyers ready to meet the standards expected of them when they enter the workplace. LEGAL STUDIES Bin Jersey City, New Jersey to Chris- teristic tiny head relative to his already that soundclips from the interview were topher Palid and Laura Green. Christo- small body. He had to be retaught used to create a rap remix, which can be pher, whose brother earned $200,000 how to properly bathe himself by his found on YouTube. • New flexible course structure - choose the location and duration that suits your needs a year working as a circus freak, tried to manager while working on The Howard On the June 1, 2008 broadcast of The • Combination of online and onsite get Lester hired by the Ringling Broth- Stern show. Beetlejuice’s original man- Howard Stern Show, Howard 100 News ers circus in 1975, but Laura opted to ager Sean Rooney died in July 2009 – reported that Beetlejuice was approach- • 13 weeks - 7 weeks online & two 3-week onsite blocks provide a proper education for her son. most likely due to complications from ing his 40th birthday. The Howard 100 • 19 weeks - 16 weeks online & 15 days onsite The couple divorced in 1976 and Laura a stroke that he suffered a few years News Team also reported that they had married Kevin Bourque, a local evan- prior. Beetle has since moved in with contacted Beetlejuice, who was aware of • Small class sizes for personal attention gelical preacher and radio host. They Sean’s brother, Bobby Rooney who is a his approaching birthday, but claimed • Individual feedback and assessment at every step - no exams! had three children together and are still boxer in the New Jersey area. Lester’s that he was turning 23 years old and was • Five locations - Auckland, Hamilton, Wellington, Christchurch, Dunedin married. In December 2009, Lester and nickname came after the film Beetle- born in 1939. highschool sweetheart Sasha Townes(a juice in a waiting room scene featuring • Eligible for student loans & allowances local yamp in NewportNews,VA) got a character’s shrunken head. married. They are still married and have ******************* 3 kids together. During an interview on January 17, 2001 with The Howard Stern Show, Bee- Keep an eye out for this one, find his hilari- Contact IPLS today on 0800 776 376 or at www.ipls.org.nz Beetlejuice is a dwarf, standing 4 ft 3 in tlejuice claimed that he was working ous videos on Youtube (1.30 m) tall. He also suffers from micro- on a book called “Sellin Tappi-gyubbi”. Proud sponsors of 2011 NZLSA Conference Mr. T. Verseti SOME LAWYER 27 Baltic Avenue Flat G6 Laputa 19th May 2011 JOKES Re: Application for the summer clerkship position anta Claus, the tooth fairy, and hon- Q: How can you tell when a lawyer is For all your time- Dear Mr. Verseti, est lawyer, and an old drunk were lying? consuming S Thank you for your application, dated 23rd March 2011, for one of the walking along when they simultane- A: His lips are moving. ously spotted a hundred-dollar bill commercial twelve summer clerkship positions offered at McLellan Simmons Ward laying in the street. Who gets it? The litigation and Luck. old drunk, of course, the other three Q: What do you have if three law- alternative dispute are mythological creatures. This position attracted a great number of applications from candidates yers are buried up to their necks in resolution needs. with various profiles in terms of previous experience and skill. Every year cement? Although that may our selection team is impressed by the quality of applications we receive. A man phones a lawyer and asks, A: Not enough cement. be stretching the Seriously, this one guy can juggle, like, five balls at once. That shit is “How much would you charge for just insane. meaning of the word answering three simple questions?” The lawyer replies, “A thousand dollars.” Q: What’s the difference between a ‘need’. Your application, on the other hand, must have taken a pair of steel - “A thousand dollars!” exclaims the lawyer and a vulture? testes. A word from the wise: working as a Psychotherapist or a Hostage man. “That’s very expensive isn’t it?” - A: The lawyer gets frequent flyer negotiator will help you to develop „interpersonal skills‟; working part- “It certainly is,” says the lawyer. “Now, miles. time at Mangere SuperValue probably won‟t. Nor will the times you tried what’s your third question?” to explain the nuances of the Fencing Act to a barely literate taxi driver at the Community Law Centre. Just sayin‟. Q: What do you get when you cross Q: How many lawyer jokes are a bad politician with a crooked Ballsier still was telling us about that B in Torts. Seriously? Dude that is there? lawyer? Wayne Manor so weak. And don‟t even try to bring up that A you managed to fluke in A: Only three. The rest are true sto A: Chelsea Clinton who know the law and those who know Crimes. If we even thought about criminal law for a second we wouldn‟t ries. the judge. 42 Wallaby Way be able to afford to fuel our helicopters. With Cocaine. And do you know what we do with our helicopters after that? Just casually, we land them Q: If you have a bad lawyer, why not Q: What’s wrong with lawyer jokes? Space on our boats. No big deal. get a new one? Mark Twain notes... A: Lawyers don’t think they’re A: Changing lawyers is like moving “It is interesting to note that criminals PO Box 6666 We also had a laugh at that hideous photo you sent in. Teeth. funny and other people don’t think to a different deck chair on the Titanic. have multiplied of late, and lawyers have they’re jokes. also; but I repeat myself.” On the other hand, your references were pretty impressive. Not everyone Q: What do you call 25 skydiving can get the coach of their amateur second XI, let alone having the man lawyers? Q: How does an attorney sleep? refer to them as a “pretty nithhe guy”. That‟s not a typo, that‟s the man‟s Bad Reputation A: First he lies on one side and lisp. Terrible impediment. Much like not having gone to a private school, A: Skeet. then on the other. Isn’t it a shame how 99% of the lawyers or not co-owning a horse with Sian. Potato Po-tart-tow, really. Still, at give the whole profession a bad name. least your coach knows his place. He isn‟t applying for a firm that‟s so far Q: What’s the difference between a Q: What do you call a lawyer gone shame and a pity? out of his league that if his league exploded, we wouldn‟t hear the sound bad? for three days. A: If a busload of lawyers goes over People Drowning A: Senator. a cliff, and there are no survi If a lawyer and an IRS agent were both If you haven‟t worked it out already (likely), we‟ve declined your vors, that’s known as a pity. drowning, and you could only save one of application for the whole summer clerking thing. It‟s not you, it‟s me, etc. If there were any empty seats, Q: What’s the difference between a them, would you go to lunch or read the Thank you for your interest in McLellan Simmons Ward Luck, and we wish that’s a shame. lawyer and an onion? paper? you the best of luck (no pun) in attempting to secure appropriate Q: How do you get a group of law- employment, because you‟ll need it. A: You cry when you cut up an yers to smile for a photo? onion. Princess Diana Teeth. A: Just say, “Fees!” Why was Princess Diana on the radio – Q: How many lawyers does it take to well to answer that you’d have to un- Ph: +64 3 383 1322 Q: What do you call a lawyer with an change a lightbulb? IQ of 70? derstand that she was also on the wind- A: Three. One to climb the ladder. screen, the dash, and all over the carpet. Fax: Stop living in Yours sincerely, A: Your honor. the past One to shake it. And one to sue the Andy Luck ladder company. How did Princess Diana cross the road? Or email us: Human Resources, McLellan Simmons Ward Luck Q: What do you throw to a drowning through the windscreen of a Merc. info@mclellansimm lawyer? Two Kinds of Lawyers onswardluck.xxx A: His partners. There are two kinds of lawyers: those NZLSA Business President VP Report REPORT

NZLSA VP Report Number Two 2011 Hi all

It has been a busy and exciting couple of months for us at the the events if they can. This year’s conference will be held in New Zealand Law Students Association (NZLSA). Waikato and will run from the 30th of August to the 3rd of I write this report following a fantastic week at September. New Zealand’s finest will be competing in the ALSA in Sydney. For those that don’t know, ALSA ALSA Conference four law competitions, there will be guest speakers, educa- is the Australian equivalent of our own NZLSA The Australian Law Students Association is having their yearly tional talks and serval wonderful social events. More infor- Conference. Over 500 law students descended conference across the ditch and the NZLSA has sent the top mation about the NZLSA Conference will be online at www. on Sydney to take part in various competitions competitors from New Zealand to compete. There are four nzlsa.co.nz and on our Facebook page. and council meetings. Yet again, NZ teams competitions: Mooting, Client Interviewing, Witness Exami- dominated the competitions. I would like to nation and Negotiation. Although we shouldn’t be so greedy, NZLSA Elections particularly congratulate our victorious teams: we are hoping that New Zealand law students will win them Being an NZLSA Exec requires hard work and commitment Otago University in the Mooting Championship, all! but it comes with perks too and is a great way to meet other Auckland University in Witness Examination and law students from around New Zealand. Elections for NZLSA Otago University in Client Interviewing. NZ has Promotions Rep exec will be held at the NZLSA conference. If you are inter- always delivered fantastic results at these com- NZLSA also has a new position: Promotions Rep. That has ested in being nominated for any of the positions just send petitions and long may it continue – it makes for been filled by Courtney Martyn from the University of Canter- an email to: [email protected] and let me know. excellent gloating come the final night party. bury. As a result, the NZLSA now has a facebook page (so be a fan!) and will be having a website make-over by the end of the year. Wishing you all a wonderful winter! Having sat in Council meetings all week, there were a couple of things on the agenda that NZLSA Conference struck me. The first was a very heavy focus on the The NZLSA Conference is not far away now and I strongly Elisha Kemp mental wellbeing of law students. The statistics recommend all law students try to come along for some of are alarming: the legal profession suffers from high rates of depression, drug and alcohol abuse, divorce, stress... you name it, lawyers seem to have it. And research in Australia suggests that these issues begin before entering the profession CoNfereNce – the pressure of law school and stressful assess- ment processes acting as a catalyst. I don’t know if the same exists here, but it is an area that the IPLS NZ Law Student’s Conference 2011 NZLSA Executive have been involved with this Hi Everyone, tors from AUT University as well as extending an invitation year through our education portfolio. for 17 Australian competitors to come over and compete. The week is going to be jam - packed with competitions and; My name is Bex and I am the Convenor of the IPLS New Zea- social events, and is definitely a highlight on the law student The second thing that struck me was the sup- land Law Student’s Conference 2011. This year’s conference is calendar. port we receive for law competitions relative to being hosted by Waikato University over the week of Tuesday most Australian law schools. It is no surprise that The Auckland LLM 30th August through to Saturday September 3rd. The Con- If you want to know more about the NZLSA Conference or NZ teams do so well internationally – we have The University of Auckland offers New Zealand’s largest and most comprehensive ference is proudly sponsored by the Institute of Professional want to be involved in the future please check out our web- exceptionally generous support from our firms: LLM programme, which you can complete in four courses, full-time over one year, or Legal Studies (IPLS). The Conference is where our best and site, www.nzlsa.co.nz, or contact me at Waikato.convenor@ Russell McVeagh, Bell Gully, Minter Ellison and gmail.com . Buddle Findlay. They provide the opportunity for part-time over four years. Choose from a wide range of courses taught by visiting brightest law students compete in one of five competitions; professors from some of the world’s leading law schools and Auckland’s own leading The Bell Gully Senior Moot and Junior Moot; The Minter Elli- I look forward to meeting all the competitors and general students to attend ALSA and NZLSA, they judge son Rudd Watts Witness Examination; Buddle Findlay Nego- delegates at Conference and introducing you to all that the the regional competitions, they provide problems experts. and are exceptionally passionate about develop- tiation; and the Russell McVeagh Client Interviewing Com- mighty Waikato has to offer. Time constraints can be one of the biggest deterrents to further study. This is why the petition. Congratulations to all the winners of the domestic ing practical skills in students. If you haven’t got competitions who have returned from competing in Sydney involved in competitions before then I urge you postgraduate programme has been structured to allow flexibility. We offer three at the Australian Law Students’ Association Conference and Rebecca Goldsmith to do so before you graduate – next year ALSA is options for study: full semester taught courses, intensive taught courses, and a in Melbourne... will now begin their build-up for the NZLSA Conference and NZLSA Conference Convenor 2011 research programme. National Competition Finals. Papers offered in the Faculty of Law Postgraduate Programme can be taken This year for the first time at Conference we have competi- Waikato University Next up is the NZLSA Conference hosted by individually or credited towards a Postgraduate Certificate in Law, a Master in Legal Waikato University. It promises to be an epic week – social occasions every night (and who Studies or a Master in Laws depending on qualifications and experience. would turn down a night in Hamilton, let alone We offer six specialisations: Corporate and Commercial NZLSA would like to thank the following confirmed a week of nights in Hamilton), education forums, sponsors and supporters of the conference for 2011 : - Bell Gully Council meetings and, of course, competitions Law, Environmental Law, Human Rights Law, International (where we will thrash the Aussies once again). Law, Litigation and Dispute Resolution, and Public Law. The overall sponsor of the conference the Institute of Pro- - Kensington Swan If you can’t make it, follow it on Facebook...the fessional Legal Studies NZLSA page is coming soon. - The University of Waikato – Te Piringa – Faculty of - IPLS Law If you would like further information please contact Jeanna All the best for the second semester, Tannion, our Postgraduate Student Advisor. - Russell McVeagh - Duncan Cotterill Email: [email protected] - Buddle Findlay - Simpson Grierson Guy Carter Telephone:+64 9 373 7599 Ext 82123 - Minter Ellison Rudd Watts - Anderson Lloyd Or visit our website www.law.auckland.ac.nz

NZSLA June 2011.indd 1 17/06/2011 11:05:51 a.m. WORK HARD. GET LUCKY. We’re rewarding hardworking law students with national scholarships in 2011. Get a headstart on your legal career with a summer clerkship and access to our top legal experts.

Scholarship winners will receive: • $3000 towards your penultimate year of study • a summer clerk position for 2012/2013 in either our Auckland or Wellington office • $1000 cash clothing allowance for your summer clerkship • access to our law library • a mentor to provide you with advice and guidance on your studies and career

Applications open on Friday 1 July 2011, and close on Thursday 1 September 2011. Students who will be completing their degree/s in 2013 are eligible to apply. Application forms will be available at your Law Faculty Reception, University Scholarships office or on-line at:www.simpsongriersongrads.co.nz from 1 July 2011.