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New Zealand Law Society 1869-2019 ISSUE 932 · SEPTEMBER 2019 NEW ZEALAND LAW SOCIETY 1869-2019 Making New Diversity in Recruiting and Global Zealand a Pacific the NZ legal retaining staff trends for arbitration hub profession: At a the in-house glance profession Page 52 Page 61 Page 71 Page 75 Save time and reduce risk with Lexis® Draft. Precision documents. Enhanced research, editing and proofreading functions allow you to avoid mistakes and revision so you deliver precision documents, Every time. every time. Seamless workflow with Microsoft® Word & Outlook integration. Quick-links to Lexis Advance® brings clickable research capabilities. Visit us at www.lexisnexis.co.nz/Brushstroke to find out how to turn your keystrokes into the brushstrokes of your next legal masterpiece. Lexis® Draft | www.LexisNexis.co.nz/Brushstroke LexisNexis, Lexis Advance, Lexis Draft and the Knowledge Burst logo are registered NA042019MS trademarks of RELX Inc. © 2019 LexisNexis NZ Limited. All rights reserved. NZ Lexis Draft A4 PRINT AD APR2019.indd 1 08/04/2019 1:19 PM Our commitment At MAS, we’re committed to doing what we can to make a positive impact on the health and wellbeing of future generations of New Zealanders, and to a more sustainable country. It’s why we’ve implemented a socially responsible investing approach across $1.4 billion of superannuation funds and insurance reserves and do not invest in the manufacture and sale of armaments, tobacco, or the exploration, extraction, refining and processing fossil fuels. Talk to us about our socially responsible Retirement Savings and KiwiSaver plans today by calling 0800 800 627 or visit mas.co.nz Over one hundred years NEW ZEALAND ANIMAL LAW ASSOCIATION 2019 CONFERENCE of helping CREATING A BETTER LEGAL SYSTEM FOR ANIMALS 9 AM – 5 PM | SAT 28 SEPTEMBER 2019 The New Zealand Nurses’ Memorial Fund was founded in 1917 by fellow nurses as a practical memorial to the 10 nurses who drowned TICKETS ARE AVAILABLE FROM EVENTBRITE when the SS Marquette was torpedoed in the $75 for Financial Members of NZALA and Early Bird Aegean Sea in October 1915. Do you and your General Admission clients know about this fund? $90 General Admission Money raised throughout New Zealand established $40 Students a benevolent fund which has given assistance Visit www.nzala.org/news/ for more information about speakers and to nurses who suffer distress or hardship and discussion topics. continues to do so today. Bequests and donations are gratefully received and assist in the Fund’s ongoing work. The Fund is a registered charity (No CC28877). VENUE Auckland University of Technology, WG403 Lecture Please contact [email protected] or PO Box Theatre on Level 4, Sir Paul Reeves Building, AUT 5363 Dunedin 9054 for more information. Business School, 55 Wellesley St E, Auckland Central 129 6 · From the Law Society 43 · The Zero Carbon Bill – a framework for New Zealand’s People in the Law climate change journey 7 · On the move ▹ BY DUNCAN BALLINGER 12 · Pushing the boundaries of 46 · New Incorporated Societies corporate social responsibility Act ▹ BY MARK VON DADELSZEN ▹ BY ALEX SUMMERLEE 48 · The story behind the first 4868 14 · La vie en rose ▹ BY SARAH- Tokelau High Court judgment KATE HOARE ▹ BY RICHARD FLETCHER 49 · Law Commission recommends New Zealand Law Society a new Act for dividing 16 · New Zealand Law Society property when people 18 · A Changing Profession separate ▹ BY NICHOLA ▹ BY GEOFF ADLAM LAMBIE AND JOHN-LUKE DAY Update Alternative Dispute 42 · “Default” union enrolment Resolution widely supported, study 52 · Experienced arbitration finds ▹ BY LYNDA HAGEN lawyers aiming to make New Zealand a Pacific arbitration hub ▹ BY NICK BUTCHER 8868 ABOUT LAWTALK Society is required to assist and promote the reform of practising lawyers each month after publication. Receipt LawTalk is published monthly by the New Zealand Law the law, for the purpose of upholding the rule of law and of the hardcopy LawTalk may be cancelled by emailing Society for the legal profession. It has been published facilitating the administration of justice in New Zealand. [email protected] and stating “please since 1974 and is available to every New Zealand-based cancel LawTalk hardcopy” and advising name, lawyer ID SUBMISSION OF MATERIAL lawyer who holds a current practising certificate. (lawyer login), workplace and address. All contributions, letters and inquiries about submission DISCLAIMER SUBSCRIPTIONS of articles should be directed to the Managing Editor, Unless it is clearly indicated, the views expressed in [email protected]. Non-lawyers and lawyers based outside New Zealand LawTalk are not to be taken as those of, or endorsed by the may subscribe to LawTalk by emailing subscriptions@ ADVERTISING New Zealand Law Society. 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. The powers and functions of the Law Society Chlorine Free (ECF) Mixed Source pulp from Responsible are set out in the Lawyers and Conveyancers Act 2006. As An online version of LawTalk is available on the New Sources and manufactured under the strict ISO14001 well as upholding the fundamental obligations imposed Zealand Law Society’s website at www.lawsociety.org. Environmental Management System. The FSC is an on lawyers who provide regulated services, the Law nz. A link to the latest online LawTalk is emailed to all international non-profit, multi-stakeholder organisation 4 Contents 55 · Arbitrations and Proportionality Practising Well 88 · Lawyers Complaints ▹ BY ROBERT FISHER QC 77 · Anxiety happens to Service 57 · Appointing your arbitrator me, and asking for help ▹ BY JOHN WALTON makes me a better lawyer Classifieds 59 · Cognitive dissonance ▹ BY HENRY CLAYTON 90 · Will notices ▹ BY PAUL SILLS 80 · Coaching: a new approach 92 · Legal Jobs to address wellbeing and 93 · CPD Calendar Practice performance ▹ BY SHA PERERA 61 · Diversity in the New Zealand 82 · Are your thoughts making Lifestyle legal profession: At a you sick? ▹ BY RAEWYN NG 96 · A New Zealand Legal glance ▹ BY GEOFF ADLAM Crossword ▹ SET BY MĀYĀ 68 · Some initiatives to promote Sustainable Practice 97 · Rumpole of the Bailey diversity in New Zealand’s 84 · The environmental impact ▹ BY CRAIG STEPHEN legal profession of those electronic 71 · Recruiting and retaining things on your desk 98 · Tail end staff ▹ BY TRACEY CORMACK 74 · Having the philanthropic Legal Information conversation ▹ BY ELEANOR CATER 86 · Online legal information 75 · Global trends for the providers look forwards in-house legal profession ▹ BY DAVID TURNER ▹ BY JEREMY VALENTINE 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 · 04 463 2982 Andrew Jacombs · 04 463 2981 VICE PRESIDENTS along the production cycle. The shrink wrap used for [email protected] [email protected] Nerissa Barber (Wellington) delivery of LawTalk is 27 micron biodegradable film Herman Visagie (Central North Island) LEGAL WRITER DESIGNER manufactured in New Zealand. This degrades naturally. Tim Jones (Auckland) Tracey Cormack · 04 463 2936 Sophie Melligan If you wish to discard LawTalk, please recycle it. The Andrew Logan (South Island) [email protected] [email protected] wrapping may be composted. EXECUTIVE DIRECTOR COMMUNICATIONS ADVISOR JUNIOR DESIGNER CONTACT DETAILS Helen Morgan-Banda (SOCIAL MEDIA) Nina Gillanders PO Box 5041, Wellington 6140, New Zealand Jamie Dobson [email protected] MANAGING EDITOR AND DX SP 20202 [email protected] COMMUNICATIONS MANAGER ADVERTISING Geoff Adlam · 04 463 2980 WEBMASTER Maria Pirela · 04 463 2905 ***** FPO ***** [email protected] Miranda Kaye · 04 463 2990 [email protected] [email protected] Placeholder for SENIOR PRINTING AND DISTRIBUTION FSC Certificate COMMUNICATIONS ADVISOR DIGITAL CONTENT SPECIALIST Blue Star, Petone, Wellington PLEASE ***** FPO ***** Nick Butcher · 04 463 2910 Angela Ludlow ISSN 0114-989X (Print) RECYCLE [email protected] [email protected] ISSN 2382-0330 (Digital) 5 FROM THE LAW SOCIETY SEPTEMBER 2019 · LAWTALK 932 FROM THE LAW SOCIETY 150 years on On 3 September, the Law Society will arrive at exactly 150 years since it was first organised under the New Zealand Law Society’s Act 1869. I could go on about the detailed history, and what happened in 1897. I could talk about the fact that in that year, not long after the establishment of the Law Society, we saw the first Māori lawyer (Sir Āpirana Ngata) and the first woman to be admitted to the bar (Ethel Benjamin). About the example they set all those years ago. But as someone once said to me, “you only look back insofar as you are prepared to look forward”. In other words, we should only look at history if we are prepared to learn from what happened with a view to making the future better. The truth is that in 2019, we have yet to fulfil the promise of a profession that reflects the society we serve.
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