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.