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Download Lawtalk Issue 937 (PDF File, 12.37 ISSUE 937 · MARCH 2020 Strengthening our relationship New Zealand Law Society, Te Kāhui Ture o Aotearoa and Te Hunga Rōia Māori o Aotearoa, The Māori Law Society sign Memorandum of Understanding Katie Paul - Lawyers' Attire - The new ADLS- What if we were The richest Is being stylish REINZ agreement trained to help backstory still trendy? each other? Page 26 Page 44 Page 47 Page 62 “They’ve been insuring New Zealand families like mine for nearly 100 years.” MAS is 100% New Zealand owned and we’ve been serving our Members, like Katherine, for nearly 100 years now. Not only have we established a foundation to fund health initiatives, we have been awarded Consumer NZ People’s Choice across four categories* for three years running. Keep good company with MAS mas.co.nz 0800 800 627 Katherine Reinhold (and Rosa) Lawyer and MAS Member * House, contents, car and life insurance Martelli McKegg welcomes Andrew Skinner to the partnership. The partners of Martelli McKegg are very pleased to welcome Andrew Skinner to the partnership team. Having worked as a corporate and commercial lawyer for over 20 years, Andrew has a strong reputation for providing expert advice that is focussed on helping his clients to succeed. Andrew’s background in the commercial teams of national and international law firms combined with his in-house business experience gives him a uniquely pragmatic perspective. This translates into sound, business-centric legal advice. The building industry is of particular interest to Andrew – he is on the Board of the Frame and Truss Manufacturers Association of NZ, as well as contributing regularly to building industry publications. Andrew can be contacted by phone on DDI +64 9 300 7622 or email at [email protected] Phone: +64 9 379 7333 Fax: +64 9 309 4112 Web: martellimckegg.co.nz Address: Level 20, PwC Tower, 188 Quay Street, Auckland MM0205 Andrew Skinner Law Talk 180x130 12_02_20.indd 1 13/02/20 12:23 PM PARTNERSHIP ANNOUNCEMENT The partners of Keegan Alexander are delighted to announce that Amanda Hyde has joined the partnership as of 1 January 2020. Amanda has been at the firm since 2013 and practices in the areas of civil and general litigation with an emphasis on judicial review and intellectual property. She has recently argued cases in the Court of Appeal and the Supreme Court and is a welcome addition to the firm’s litigation line up. Amanda can be contacted at: [email protected] 09 303 1829 | www.keegan.co.nz Level 24, 151 Queen St, Auckland PO Box 999, Auckland 1140 Evaluate. Asking for help is a sign of strength Secure. Guard. For local and global protection, talk to the people that live and breathe trade marks. zone law intellectual property and business law evaluate secure zone ip guard WGTN +64 4 801 5040 I AKL +64 9 352 2042 zoneip.co.nz I zonelaw.co.nz 129 06 · FROM THE LAW SOCIETY, NEW IN THE LAW TE KĀHUI TURE 26 · The richest backstory – Katie Paul ▹ BY JAMIE DOBSON 08 · NEW ZEALAND LAW SOCIETY, TE KĀHUI TURE O AOTEAROA THE INNOVATORS 30 · Sian Wingate ▹ BY ANDREW KING PRACTICE 14 · Desktop Reviews of 32 · ACCESS TO JUSTICE trust account operators 6866 PRACTICE ▹ BY BEN POTAKA 34 · What’s wrong with compulsory LETTER TO THE EDITOR CLE? ▹ BY KRISTY MCDONALD QC 15 · Changes to Rules PRACTICE PEOPLE 37 · Continuing Professional 16 · Appointment of 21 new Development ▹ BY ROS MORSHEAD District Court Judges PRACTICE PEOPLE 39 · International women judges 20 · On the move conference in Auckland ▹ BY JUSTICE SUSAN GLAZEBROOK PEOPLE AND JUDGE MARY O'DWYER 24 · Moving to practise – and ballroom dance – 19,000km PRACTICE away ▹ BY ANGHARAD O'FLYNN 40 · Trending out – Should you plan 10288 for open-plan? ▹ BY JAMIE DOBSON ABOUT LAWTALK Society is required to assist and promote the reform of practising lawyers each month after publication. 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No responsibility whatsoever is lawsociety.org.nz. Annual subscriptions in New Zealand accepted by the New Zealand Law Society for any opinion, Advertising inquiries should be directed to advertising@ are NZ$145 for 11 issues (GST and postage included). information, or advertisement contained in LawTalk. lawsociety.org.nz. Information on rates, deadlines and Overseas rates are available on request. conditions is available on the Law Society website under ABOUT THE LAW SOCIETY ENVIRONMENTAL STATEMENT News and Communications/LawTalk. The Law Society The New Zealand Law Society was established on has a strict policy of not publishing articles in exchange LawTalk is printed on Sumo Matte. This is an 3 September 1869. It regulates the practice of law in for advertising. environmentally responsible paper. Forestry Stewardship New Zealand and represents lawyers who choose to be Council (FSC) certified, it is produced using Elemental LAWTALK ONLINE members. 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A link to the latest online LawTalk is emailed to all international non-profit, multi-stakeholder organisation 4 Contents PRACTICE ALTERNATIVE DISPUTE 78 · LEGAL TECH ROUNDUP 44 · Lawyers' attire RESOLUTION LEGAL HISTORY ▹ BY CRAIG STEPHEN 57 · Principles of influence 80 · At the Privy Council in the ▹ BY PAUL SILLS UPDATE — PROPERTY 1960s ▹ BY SIR IAN BARKER QC 47 · The new ADLS-REINZ agreement PRACTISING WELL LEGAL INFORMATION ▹ BY THOMAS GIBBONS 59 · Former police officer in Norway 84 · Recent legal books now mentor to Kiwi lawyers and UPDATE — TRUSTS ▹ BY GEOFF ADLAM their clients ▹ BY NICK BUTCHER 49 · Appointment and discharge 85 · WILL NOTICES of trustees when the Trusts TALKING ABOUT MENTAL HEALTH Act comes into force 62 · What if we were trained to help 86 · CLASSIFIEDS ▹ BY RHONDA POWELL each other? ▹ BY SARAH TAYLOR 89 · CPD CALENDAR UPDATE — FAMILY PROTECTION PRACTISING WELL LIFESTYLE 52 · Family Protection Act 65 · Real self-care ▹ BY RAEWYN NG 92 · A New Zealand Legal awards for adult children SUSTAINABLE PRACTICE Crossword ▹ SET BY MĀYĀ ▹ BY KIMBERLY LAWRENCE 68 · Climate change and educating LAW ON THE TELLY UPDATE — FRANCHISING girls ▹ BY TRACEY CORMACK 93 · An impetuous lawyer looking 55 · Update on post-termination 71 · LAWYERS COMPLAINTS SERVICE for his big break – The Main problems in franchising Chance ▹ BY CRAIG STEPHEN ▹ BY DEIRDRE WATSON TECHNOLOGY 76 · Why are iPhones so expensive? 94 · TAIL END ▹ BY DAMIAN FUNNELL which promotes responsible management of the world’s forests. FSC certification is internationally recognised as PEOPLE the most rigorous environmental and social standard for responsible forest management. The paper used to PRESIDENT Tiana Epati DIGITAL CONTENT EDITOR SENIOR DESIGNER produce LawTalk meets FSC requirements at all stages Craig Stephen Andrew Jacombs VICE PRESIDENTS along the production cycle. The shrink wrap used for [email protected] [email protected] Herman Visagie (Central North Island) delivery of LawTalk is 27 micron biodegradable film Tim Jones (Auckland) LEGAL WRITER DESIGNER manufactured in New Zealand. This degrades naturally. Andrew Logan (South Island) Tracey Cormack Sophie Melligan If you wish to discard LawTalk, please recycle it. The [email protected] [email protected] wrapping may be composted. CHIEF EXECUTIVE Helen Morgan-Banda COMMUNICATIONS ADVISOR JUNIOR DESIGNER CONTACT DETAILS (SOCIAL MEDIA) Nina Gillanders LAWTALK EDITOR AND PO Box 5041, Wellington 6140, New Zealand Jamie Dobson [email protected] COMMUNICATIONS MANAGER DX SP 20202 [email protected] Geoff Adlam · 04 463 2980 ADVERTISING [email protected] WEBMASTER Maria Pirela · 04 463 2905 Miranda Kaye [email protected] ***** FPO ***** SENIOR [email protected] Placeholder for COMMUNICATIONS ADVISOR PRINTING AND DISTRIBUTION FSC Certificate Nick Butcher · 04 463 2910 DIGITAL CONTENT SPECIALIST Blue Star, Petone, Wellington PLEASE ***** FPO ***** [email protected] Angela Ludlow ISSN 0114-989X (Print) RECYCLE [email protected] ISSN 2382-0330 (Digital) 5 FROM THE LAW SOCIETY, TE KĀHUI TURE MarcH 2020 · LAWTALK 937 From the Law Society, Te Kāhui Ture The Māori Language Commis- sioner, Professor Rawinia Higgins, wrote eloquently in The Spinoff recently about the importance of championing te reo Māori, for the benefit of all New Zealanders. “We need to invite and encourage all New Zealanders to see te reo as part of our identity as Kiwis and as something that brings us all together,’’ she said. The Māori Language Commission works to build a future where te reo Māori is part of our national and per- sonal identity as New Zealanders.
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