The Law Reform Community in the 21 Century

NovembeWELLINGTON,r2010,Wellington NEW ZEALAND,NewZealan | dNOVEMBER|REPORT119 2016

THE LAW COMMISSION’S 30TH ANNIVERSARY SYMPOSIUM THE LAW REFORM COMMUNITY IN THE 21st CENTURY

Programme

Coffee 8.30 am

Everyone to be seated 8.45 am Their Excellencies arrive 8.45 am Mihi whakatau – Kura Moehu 8.50 am Session One – Law reform: an overview The Hon Douglas White QC welcomes and introduces the Governor-General 8.55 am (Chair, The Hon Douglas White QC, President of the Law Commission) • Her Excellency The Rt Hon Dame Patsy Reddy, Governor-General 9.00 am • The Hon Douglas White QC 9.15 am • Hon Amy Adams, Minister of Justice, Minister Responsible for the Law 9.30 am Commission • The Hon Justice Dame Ellen France, Supreme Court 10.00 am • The Minister and The Hon Douglas White farewell the Governor-General 10.30 am Mid-morning break 10.30am Session Two – Law reform: accessibility

(Chair, Helen McQueen, Law Commissioner) • Ms Fiona Leonard, Chief Parliamentary Counsel 10.45 am • Ms Una Jagose QC, Solicitor-General 11.15 am • Panel: 11.45 am • Dr Arie Rosen, Faculty of Law, University of Auckland • Ms Fazleen Ismail, General Manager Law Reform and Sections, New Zealand Law Society • Dr Bridgette Toy-Cronin, Director Legal Issues Centre, University of Otago • Q & A 12.15 pm Lunch 12.30pm Session Three – Law reform: Te Ao Māori

(Chair, Hon Dr Wayne Mapp, Law Commissioner) • The Hon Justice Joe Williams, High Court 1.20 pm • Associate Professor Claire Charters, Faculty of Law, University of Auckland 2.00 pm • Panel: • Professor Mark Hickford, Dean of Law, Victoria University of 2.30 pm Wellington • Ms Natalie Coates, Associate, Kahui Law • Ms Mihiata Pirini, Assistant Crown Counsel, Crown Law • Q & A 3.00 pm Mini break 3.15pm Session Four – Law reform: really looking forward

(Chair, Dr Lisa Yarwood, Senior Legal & Policy Adviser, Law Commission) 3.30 pm • Panel: • Ms Kate Salmond, Senior Legal & Policy Adviser, Law Commission • Mr Paul Comrie-Thomson, Legal & Policy Adviser, Law Commission • Mr Pita Roycroft, Law Student • Ms Eve Bain, Law Student Concluding remarks (Donna Buckingham, Law Commissioner) 4.15 pm

BIOGRAPHIES OF SPEAKERS SESSION ONE – LAW REFORM: AN OVERVIEW

Her Excellency The Rt Hon Dame Patsy Reddy, GNZM, QSO

Dame Patsy graduated with an LLB and LLM (Hons) from Victoria University of Wellington.

After a period as a law lecturer, she joined Watts and Patterson (now Minter Ellison Rudd Watts), becoming the first female partner in 1983, specialising in tax, corporate and film law. In 1987 she joined Brierley Investments Ltd as Group Legal Counsel.

Dame Patsy has had extensive experience in governance and consulting roles, both in the private and public sector. She has been a director of Air New Zealand, Sky City Entertainment, Telecom Corporation, Southern Petroleum and New Zealand Post. Her public sector roles have included Chair of the New Zealand Film Commission, Deputy Chair of the New Zealand Transport Agency, Chair of Education Payroll Ltd and independent director of Payments NZ Ltd. She was an independent reviewer along with Sir Michael Cullen of intelligence and security in New Zealand.

In 2014 she became a Dame Companion of the New Zealand Order of Merit (DNZM) for services to the arts and business. She was sworn-in as the 21st Governor- General of New Zealand in September 2016.

The Hon Douglas White QC President of the Law Commission

The Hon Douglas White graduated LLM (First Class Honours) at Victoria University of Wellington. He was a litigation partner in predecessor firms to Kensington

Swan before moving to the independent bar in 1986 and being appointed Queen's Counsel in 1988.

Douglas was appointed a Judge of the High Court in 2009 and to the Court of Appeal in 2012. He retired from the Court of Appeal in 2015. In 2016 he was appointed to the Law Commission, becoming the President in May 2016.

Hon Amy Adams Minister of Justice and Minister responsible for the Law Commission

Amy graduated with LLB (Hons) in 1992 from the University of Canterbury. Before entering politics, she was a partner with Mortlock McCormack Law in Christchurch, specialising in commercial and property law.

She was elected to Parliament in 2008, and was Chairperson of both the Finance and Expenditure and Electoral Legislation select committees.

In 2011, Amy joined Cabinet and has held the portfolios of Internal Affairs, Communications and Information Technology and Associate Minister for Canterbury Earthquake Recovery. In 2014 she became Minister of Justice, Minister for Courts, Minister of Broadcasting, Minister for Communications and Minister Responsible for the Law Commission.

The Hon Justice Dame Ellen France, DNZM Supreme Court

Dame Ellen France graduated LLB from the University of Auckland in 1981 and LLM from Queen’s University in Ontario Canada in 1983. She has worked in private practice, the former Department of Justice and in the Crown Law Office, where she was Deputy Solicitor- General.

In 2002 she was appointed Judge of the High Court, and to the Court of Appeal in 2006, serving as President from 2014.

In 2016 she was appointed to the Supreme Court.

BIOGRAPHIES OF SPEAKERS SESSION TWO – LAW REFORM: ACCESSIBILITY

Ms Helen McQueen Commissioner, Law Commission

Helen has a BA and LLB (Hons) from Victoria University of Wellington and an LLM from the University of Chicago.

Helen McQueen practised law at Chapman Tripp from 1992 to 2016, becoming a partner in 1997. She specialised in commercial litigation, with particular interests in competition law, private international law, procedural law and public law. She was a contributing author for Brookers’ publications McGechan on Procedure and District Court Rules and has also published in the area of private international law.

Helen was appointed to the Law Commission in February 2016 for a five year term.

Ms Fiona Leonard Chief Parliamentary Counsel

Fiona has a BA and LLB (Hons) from the University of Canterbury and an LLM from the University of Cambridge.

Fiona was appointed as a Parliamentary Counsel in 1998 after several years of experience as a litigation solicitor in private practice and as a legal adviser at the Ministry of Justice. She also practised as a barrister sole for a number of years, providing legislative drafting services and advice on the implementation of legislation for various Pacific Islands countries and international organisations, including the Commonwealth Secretariat and the Pacific Islands Forum Secretariat.

In 1996 she returned to the Parliamentary Counsel Office and was appointed Chief Parliamentary Counsel in May 2016.

Ms Una Jagose QC Solicitor-General

Una Jagose holds an LLB from the University of Otago and an LLM (First Class Honours) from Victoria University of Wellington.

She has had an extensive career as a public sector lawyer including as Deputy Solicitor-General, Crown Law and Acting Director of the Government Communications Security Bureau.

In 2016 she took up the role of Solicitor-General and Chief Executive of the Crown Law Office.

Dr Arie Rosen Law Faculty, University of Auckland

Dr Arie Rosen is a lecturer in jurisprudence at the University of Auckland, Faculty of Law, where he focuses on questions of legal and political philosophy.

He holds a BA/LLB from Tel Aviv University and an LLM and JSD from New York University.

His research combines abstract conceptual analysis with applied theoretical work on legislation, legal reasoning and statutory interpretation.

Arie currently has a particular interest in the philosophy of private law and the role of political authority in the development of private law rules.

Ms Fazleen Ismail General Manager Law Reform and Sections, New Zealand Law Society

Fazleen has a Masters degree in Economics from the London School of Economics.

Fazleen is the General Manager Law Reform and Sections at the New Zealand Law Society. Prior to joining the Law Society, Fazleen was a senior manager at the Commerce Commission, heading up a team that advised government on competition, consumer and credit law reform, provided guidance to businesses and consumers on compliance, and liaised with overseas competition and consumer authorities.

Originally from the UK, Fazleen was a member of the UK Government Economic Service, working in a variety of roles, including as an Economic Adviser at the Office of Fair Trading and the Department of Trade and Industry.

Dr Bridgette Toy-Cronin Director Legal Issues Centre, Otago University

Bridgette graduated with an LLM from Harvard Law School in 2005 where she was a Frank Knox Fellow. In 2015 she was awarded a PhD from the University of

Otago.

Bridgette has worked as an intern to the International Criminal Tribunal for Rwanda, as a High Court Judges' Clerk, and as a civil litigator in New Zealand and Australia. She also spent a year in Cambodia working for the Cambodian Defenders Project on Women's Rights.

Bridgette is the Director of the Legal Issues Centre at Otago University and her current research interests are access to justice, the legal profession, and civil procedure.

BIOGRAPHIES OF SPEAKERS SESSION THREE – LAW REFORM: TE AO MĀORI

Hon Dr Wayne Mapp Commissioner, Law Commission

Hon Dr Wayne Mapp graduated LLB (Hons) in 1976 from the University of Auckland, and LLM from the University of Toronto in 1977. He did his PhD in

International Law at Cambridge University, graduating in 1988.

He served as the MP for North Shore from 1996 to 2011. From 2008 to 2011 he was Minister of Defence and Minister of Science and Technology.

From 1977 to 1982 Wayne was in private practice with John Collinge, Solicitor and from 1984 to 1996 he taught commercial law and international law at the University of Auckland. He was appointed Associate Professor in 1992.

Dr Mapp was appointed as a Law Commissioner in 2012 for a five year term.

The Hon Justice Joe Williams High Court

Justice Williams is of Ngāti Pūkenga, Waitaha and Tapuika descent.

Justice Williams graduated LLB from Victoria University of Wellington in 1986 and gained an LLM (Hons) in 1988 from the University of British Columbia.

He practised law at Kensington Swan, Auckland from 1988, becoming a partner in 1992. He was a partner in the firm of Walters Williams from 1994 until 1999.

In 1999 he was appointed Chief Judge of the Māori Land Court.

He was appointed a Judge of the High Court in 2008 and is based in Wellington.

Associate Professor Dr Claire Charters Faculty of Law, University of Auckland

Claire is from Ngāti Whakaue, Tūwharetoa, Ngāpuhi and Tainui.

Claire graduated BA/LLB (Hons, First Class) from the

University of Otago and LLM from New York University. She completed her PhD at Cambridge University on Indigenous peoples’ norms under international law.

Claire is Associate Professor in the Faculty of Law, University of Auckland. Claire’s primary area of research is in Indigenous peoples’ rights in international and constitutional law, with a comparative focus.

Claire has combined her academic research and teaching with advocacy for the rights of Indigenous peoples at the domestic and international levels. From 2010-2013 Claire worked for the UN’s Office of the High Commissioner for Human Rights in the Indigenous Peoples and Minorities Section, focusing on the Expert Mechanism on the Rights of Indigenous Peoples.

In 2016 Claire was appointed by the President of the United Nations General Assembly to advise him on enhancing Indigenous peoples' participation in the United Nations.

Professor Mark Hickford Dean of Law, Victoria University of Wellington

Professor Mark Hickford graduated with a BA and an LLB (Hons) from the University of Auckland and received his doctorate from the University of Oxford in the United Kingdom.

Prior to becoming Pro Vice-Chancellor and Dean of Law at Victoria University of Wellington, he was a legal practitioner in both the private and state sectors. Most recently he served in the Prime Minister’s Advisory Group in the Department of the Prime Minister and Cabinet from 2010 until 2015. Before that, he was a Crown Counsel in the Crown Law Office specialising in Crown-iwi relations law, Treaty of Waitangi issues and natural resources.

Mark has an extensive research and publishing record, having published on aboriginal title and customary rights as well as issues related to the Treaty of Waitangi and the history of New Zealand’s constitutional settings.

His most recent book was published in the United Kingdom and United States by Oxford University Press in 2011 and was entitled Lords of the Land: Indigenous Property Rights and the Jurisprudence of Empire.

Ms Natalie Coates Associate, Kahui Legal

Ngāti Awa, Ngāti Hine, Ngāti Tūwharetoa, Tuhourangi, Tūhoe.

Natalie holds honours degrees in Law and Arts (Māori

Studies) from the University of Otago. In 2011 Natalie received the Fulbright Ngā Pae o te Māramatanga graduate award, the New Zealand Law Foundation Ethel Benjamin Scholarship and a Ngārimu VC and 28th (Māori) Battalion Memorial Masters Scholarship for her graduate studies at Harvard University, where she graduated LLM in 2012.

She was then appointed as a Law Lecturer at the University of Auckland for two years, teaching undergraduate courses at all levels.

Natalie joined Kahui Legal in July 2014. At Kahui Legal, Natalie provides advice to clients on public law, commercial matters, the law relating to trusts, Māori land law and Māori, human and indigenous rights. Natalie has assisted on litigation matters ranging from the Māori Land Court through to the Supreme Court.

Ms Mihiata Pirini Assistant Crown Counsel, Crown Law

Ngāti Tūwharetoa, Te Whakatōhea

Mihiata worked as a legal and policy adviser at the Law Commission for four and a half years, working on a wide range of projects including the review of the criminal justice response to victims of sexual violence and the review of New Zealand’s burial and cremation legislation.

During that time she also helped teach legal research and writing at Victoria University of Wellington and acted as an adviser to the Seychelles Civil Code Revision Committee.

In mid-2016 Mihiata moved from the Commission to Crown Law, where she advises the Government on Treaty-related issues.

BIOGRAPHIES OF SPEAKERS SESSION FOUR – LAW REFORM: REALLY LOOKING AHEAD

Lisa Yarwood Senior Legal & Policy Adviser, Law Commission

Lisa graduated LLB (Hons, First Class)/BA from University of Canterbury and PhD from Exeter University in 2010 in public international law. She worked as a lecturer at the University of Exeter (UK) and at the Chinese University of Hong Kong (Hong Kong).

She has previously worked as an intern at the International Criminal Tribunal for Rwanda in Tanzania in 2006 and completed placements in Panama and Costa Rica for Australia Volunteers International.

Lisa joined the Law Commission at the start of 2015 and is currently the lead adviser on the review of the Property (Relationships) Act 1976.

Ms Kate Salmond Senior Legal & Policy Adviser, Law Commission

Kate graduated LLB (Hons)/BA from the University of Otago in 2003. She spent six years working as an Assistant Crown Counsel and then as an Associate

Crown Counsel in the Criminal Team at Crown Law. This included a secondment to the Ministry of Justice where she was involved in the review of New Zealand’s Prosecution Service.

Kate has also worked as an Intermediate Trial Prosecutor at Luke Cunningham and Clere and as a Legal Officer in the Office of the Co-Investigating Judges in the Extraordinary Chambers of the Courts of Cambodia.

She joined the Commission in early 2014, where she has been working mainly on projects related to the criminal justice system. Kate is currently the lead adviser on the review of the Criminal Investigations (Bodily Samples) Act 1995.

Mr Paul Comrie-Thomson Legal & Policy Adviser, Law Commission

Paul graduated with a BA in 2013 and LLB (Hons, First Class) in 2016, both from Victoria University of Wellington. He joined the Law Commission in 2013 as a law clerk, and became a Legal and Policy Adviser in 2014.

Paul is currently the lead adviser on the review of declaratory judgments. He is also a member of the Victoria University of Wellington Law Review Editorial Committee and Arbitrator Intelligence.

Paul has a particular interest in private international law and international arbitration.

Mr Pita Roycroft Law Student

Pita has just completed his fourth year of his conjoint LLB (Hons)/BA at Victoria University of Wellington, majoring in political science and public policy.

Pita has worked in a variety of government jobs during his university study, including as a clerk at the Law Commission in 2015, a Radio Communications Operator at the Ministry for Primary Industries, and as an Issues Assistant to a Member of Parliament. His academic interests include the history, development and functions of the Speaker of the House, emerging issues in tort and public law, and the constitutional responsibilities of final appellate courts.

Pita intends to complete his degree in 2018 and take up employment at Russell McVeagh through his scholarship with the firm.

Ms Eve Bain Law Student

Eve Bain has just completed her LLB (Hons) degree at Victoria University of Wellington and was a clerk at the Law Commission throughout this year.

Prior to this Eve worked part-time for a Member of Parliament for three years. Eve has a particular interest in international law, and during her studies has completed research into the scrutiny function of select committees and, more recently,into procedural fairness in investment arbitration.

Eve has represented New Zealand and her university at a number of international conferences and legal skills competitions, notably client-interviewing and mooting competitions.

Concluding Remarks

Donna Buckingham Commissioner, Law Commission

Donna Buckingham is an Associate Professor of Law at the University of Otago (currently on leave). She is the founder of the New Zealand Legal Information Institute

(NZLII), the largest New Zealand publisher of free online legal information.

Donna is a Barrister, a former President of the New Zealand Law Society, Otago Branch and the former Chair of the Women’s Consultative Group of the Society. She is also the former President of the AkoAotearoa Academy of Tertiary Teaching Excellence.

Donna has published on issues of evidence, the interpretation of legislation, legal governance and discipline, legal publishing and access to law and legal education.

NOTES:

Law Commission’s 30th Anniversary Symposium

The Law Reform Community in the 21st Century

Tick

Session One – Law reform: an overview

Session Two – Law reform: accessibility

Sessoin Three – Law reform: Te Ao Māori

Session Four – Law reform: really looking forward

Programme attached

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