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Justice for All Reflections on the Justice System in Aotearoa Pages 78 to 96 ISSUE 924 · DecemBER 2018 Justice for all Reflections on the justice system in Aotearoa Pages 78 to 96 Former Attorney- AML/CFT How can the legal The General returns Compliance: profession retain importance of to the bar Emerging talented women? doing nothing practical issues Page 16 Page 24 Page 39 Page 73 Streamline your in-house legal department with one connected system Triage / Intake Matter Management Contract Vendor Management Management Knowledge Analytics and Management Reporting A clearer view of legal operations For more information on LawVu or to arrange a demo, visit www.lexisnexis.co.nz/partner/LawVu or contact your LexisNexis Relationship Manager at 0800 800 986 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 • Professional fee funding • Quick turnaround solutions for your clients • Terms of 3 to 60 months • Substantial limits • Wide range of security accepted • Also providers of property mortgages, plant and equipment and factoring finance Contact: Paul Bright 021 676 772 [email protected] 1696 6 · From The Law Society 30 · What is good faith in franchising? 7 · New Zealand Law Society Part 1 ▹ BY DEIRDRE WATSON 33 · NZ must adapt to evolving People terror threat, study 11 · On the move finds ▹ BY LYNDA HAGEN 16 · Seamless return to the 34 · Damned if you do, damned if Bar for former Attorney- you don’t ▹ BY GEORGIA ANGUS General ▹ BY CRAIG STEPHEN 19 · Singing lawyers Alternative Dispute 20 · The Innovators: Karen Venables, Resolution Founder & Co-Director Legal 37 · Consensus building, 8068 Solutions ▹ BY ANDREW KING Part 4 ▹ BY PAUL SILLS Courts Creating A Just Culture 22 · Court opening hours over 39 · How can the legal profession the 2018/19 holidays retain talented women? ▹ BY ANN BRENNAN, STEPH DYHRBERG, Update FIONNGHUALA CUNCANNON, MARIA 24 · AML/CFT compliance: POZZA AND HELEN MACKAY Emerging practical 43 · Questioning the issues ▹ BY ISMAIL RASHEED Questions ▹ BY VALERIE BLAND 28 · Proposals for a register of beneficial ownership in New 46 · Lawyers Complaints Zealand ▹ BY HENRY BRANDTS- Service GIESEN AND NICK BERESFORD 8892 ABOUT LAWTALK NEW ZEALAND LAW SOCIETY News and Communications/LawTalk. The Law Society LawTalk is published monthly by the New Zealand Law has a strict policy of not publishing articles in exchange The New Zealand Law Society was established on 3 Society for the legal profession. It has been published since for advertising. September 1869. It regulates the practice of law in New 1974 and is available without charge to every New Zealand- Zealand and represents lawyers who choose to be members. LAWTALK ONLINE based lawyer who holds a current practising certificate. The powers and functions of the Law Society are set LawTalk is also distributed to others involved in the justice An online version of LawTalk is available on the New out in the Lawyers and Conveyancers Act 2006. As well system or legal services industry. These include members Zealand Law Society’s website at www.lawsociety.org. as upholding the fundamental obligations imposed on of the judiciary, legal executives, librarians, academics, law nz. A link to the latest online LawTalk is emailed to all lawyers who provide regulated services, the Law Society is students, journalists, Members of Parliament and government practising lawyers each month after publication. Receipt required to assist and promote the reform of the law, for agencies. Total LawTalk circulation is around 13,400 copies. of the hardcopy LawTalk may be cancelled by emailing the purpose of upholding the rule of law and facilitating [email protected] and stating “please the administration of justice in New Zealand. SUBMISSION OF MATERIAL cancel LawTalk hardcopy” and advising name, lawyer ID ENVIRONMENTAL STATEMENT All contributions, letters and inquiries about submission (lawyer login), workplace and address. of articles should be directed to the Managing Editor, LawTalk is printed on Sumo Matte. This is an environmentally SUBSCRIPTIONS [email protected]. responsible paper. Forestry Stewardship Council (FSC) Non-lawyers and lawyers based outside New Zealand certified, it is produced using Elemental Chlorine Free ADVERTISING may subscribe to LawTalk by emailing subscriptions@ (ECF) Mixed Source pulp from Responsible Sources and Advertising inquiries should be directed to advertising@ lawsociety.org.nz. Annual subscriptions in New Zealand manufactured under the strict ISO14001 Environmental lawsociety.org.nz. Information on rates, deadlines and are NZ$145 for 11 issues (GST and postage included). Management System. The FSC is an international non- conditions is available on the Law Society website under Overseas rates are available on request. profit, multi-stakeholder organisation which promotes Contents Practice The Justice System Legal Information 48 · What is Agile and should I 78 · Diversity central to 99 · The Australian Advocacy care? ▹ BY DAMIAN FUNNELL public confidence in the Institute’s Advocacy Manual ▹ 50 · When the heat affects court ▹ BY CHIEF JUDGE REVIEWED BY GARRY WILLIAMS your work: safety in the JAN-MARIE DOOGUE 101 · Some recent legal workplace when summer 80 · Thoughts from the books ▹ GEOFF ADLAM peaks ▹ BY CRAIG STEPHEN departing Secretary for 52 · Responsible briefing ▹ BY SIAN Justice ▹ BY GEOFF ADLAM Classifieds WINGATE 84 · Alcohol and Other 103 · Will notices 57 · Focus on Timaru ▹ BY JOCK Drug Treatment 104 · Legal Jobs ANDERSON Courts transforming 107 · NZLS CLE Ltd CPD Calendar 61 · Working separately, but lives ▹ BY NICK BUTCHER together ▹ BY NICK BUTCHER 87 · Te Pae Oranga ▹ BY ROSALIE Lifestyle 65 · Sad Thoughts ▹ BY JOHN BURN CHAMBERLAIN 109 · A New Zealand Legal Crossword 67 · Let’s demystify culture change 90 · Family justice – time 110 · At the beach at in law offices ▹ BY EMILY MORROW for evolution, not Whangamata ▹ JOHN BISHOP revolution ▹ BY KERI MORRIS Practising Well 92 · The Criminal Cases Review 113 · Tail end 69 · Talking about mental Commission ▹ BY TRACEY health ▹ BY VICTORIA HALLUM CORMACK 73 · The importance of doing nothing ▹ BY RAEWYN NG Access To Justice 75 · In praise of a post-Christmas 97 · Update on legal zoom out ▹ BY KATIE COWAN aid ▹ BY GEOFF ADLAM CONTACT DETAILS responsible management of the world’s forests. FSC certification is internationally recognised as the most rigorous environmental 26 Waring Taylor Street, Wellington 6011 and social standard for responsible forest management. The 04 472 7837 DIGITAL CONTENT EDITOR Craig Stephen paper used to produce LawTalk meets FSC requirements at all PO Box 5041, Wellington 6140, New Zealand, or 04 463 2982 · [email protected] stages along the production cycle. DX SP 20202. LEGAL WRITER Tracey Cormack The shrink wrap used for delivery of LawTalk is 27 micron PRESIDENT Kathryn Beck 04 463 2936 · [email protected] biodegradable film manufactured in New Zealand. This degrades BOARD SENIOR DESIGNER Andrew Jacombs naturally. If you wish to discard LawTalk, please recycle it. The Nerissa Barber (Wellington) 04 463 2981 · [email protected] wrapping may be composted. Tiana Epati (Central North Island) DESIGNER Sophie Melligan Tim Jones (Auckland) 04 463 2993 · [email protected] Andrew Logan (South Island) WEBMASTER Miranda Kaye ACTING EXECUTIVE DIRECTOR Mary Ollivier 04 463 2990 · [email protected] MANAGING EDITOR AND DIGITAL CONTENT SPECIALIST Angela Ludlow COMMUNICATIONS MANAGER Geoff Adlam [email protected] 04 463 2980 · [email protected] ADVERTISING ***** FPO ***** SENIOR COMMUNICATIONS ADVISOR 04 463 2905 · [email protected] Placeholder for Nick Butcher · 04 463 2910 PRINTING AND DISTRIBUTION FSC Certificate [email protected] Format Print, Petone, Wellington PLEASE ***** FPO ***** COMMUNICATIONS ADVISOR Angharad O’Flynn ISSN 0114-989X (Print) RECYCLE 04 463 2902 · [email protected] ISSN 2382-0330 (Digital) NEW ZEALAND LAW SOCIETY December 2018 · LAWTALK 924 NEW ZEALAND LAW SOCIETY Working towards healthy, safe, respectful and inclusive legal workplaces in Aotearoa New Zealand after its launch. We will do this. This year has been an extremely important one One other major initiative is for the legal profession. Any review of 2018 will always worth highlighting. The regulatory focus on the wide-ranging conversation about how to working group, chaired by Dame change the culture of bullying and harassment which Silvia Cartwright, will present its exists in some legal workplaces. report to the Law Society Board this No, it isn’t everyone and every workplace, but it’s too month. Established earlier this year, many and it’s enough to tell us we have a problem. If the five-member working group has we don’t address it as a community and as individuals, spent much time and effort looking as a profession we won’t be sustainable. at the existing regulatory framework, So, how are we going? systems and reporting processes to Near the end of 2018 I think we can be heartened that ascertain whether they are appropri- our profession is genuinely tackling the many issues ate for taking action on harassment involved. We have some distance to travel, but our jour- and inappropriate behaviour in legal ney has begun. The discussions which have developed workplaces and making recommen- and emerged have been open, honest and sometimes dations for change. The report will personal. There is no doubt that the courageous actions be made public after this issue of of some people have brought into the light issues and in place which we can feel very LawTalk is published.
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