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Law Talk 22 April 2016 886 Law Talk 22 APRIL 2016 886 Everyone knows everyone Lawyering in Nelson Lexis Affinity™ The engine driving your firm’s profitability and growth Flexible and easy to use, Lexis Affinity streamlines everyday work processes into a single, secure working environment to satisfy the needs of the whole practice. From partner to junior, from practice manager to accounts, Affinity is the all-in-one system that the whole office can use. With all your information safely kept in a central repository you can improve your client service and the understanding of your business; Lexis Affinity empowers you to grow your business and achieve your strategic goals. Lexis Affinity is part of the LexisNexis SmartOffice suite, giving you back more time to do what matters most to you. To request your personalised walk through of Lexis Affinity please talk to yourRelationship Manager or call Customer Support on 0800 800 986 www.lexisnexis.co.nz/affinity 2016 Lexis Nexis NZ Limited. Lexis Nexis and the Knowledge Burst logos are registered trademarks of Reed Elsevier Properties Inc., and used under licence. NF012016CC 22 April 2016 · LawTalk 886 22 April 2015 LawTalk 886 Inside 6 Our Profession, Our People 14 Everyone knows everyone Lawyering in Nelson. 22 Practising well Keeping mentally alert. 24 Legal information 26 Law reform 7 NZLS does not support ACC appeal reform proposals; The Law Society’s new President Kathryn Beck with Support for Official Information Act extension; Enduring her husband, Wayne Fowler, and daughters Maya (left) and Hannah. powers of attorney regime failing to protect the vulnerable; Difficulties with Minimum Wage for Contractors Bill. 28 A close up of alternative dispute resolution Effective dispute resolution as an ombudsman is about bringing two parties together, listening to both sides and considering the facts and evidence as an impartial and independent third party. 30 The value of restraint Most business sale transactions in New Zealand come with a restraint of trade. How do you 20 assess the value of an offered restraint? Luke Acland and Emma Riddell, of Jamieson Chambers. 32 Will Taiwan improve access to justice? New Zealand should keep an eye on Taiwan’s development of criminal justice policy and practice. This is one benchmark that can tell us a lot about what actually is going on. 35 Mistaken authentication of a forgery Case against Max Ernst expert overturned at appeal. 36 New Zealand Law Foundation 37 NZLS CLE – CPD calendar 40 Lawyers Complaints Service 21 43 Coming up Nelson Court 44 Classified advertising Cover photo: Nelson lawyers (from left) Abigail Goodison, Sophie Barclay, Jessie Gully and Amy Gulbransen. 3 LawTalk 886 · 22 April 2016 LawTalk is published by the New Zealand legal executives, Members of Parliament, News Points Law Society for the New Zealand legal pro- media, academics and others involved in fession. It is published fortnightly and has the legal services industry. Total circulation been published since 1974. LawTalk is sent ranges between 12,500 and 13,000 copies. Difficult language a barrier to every lawyer in New Zealand who holds a An online version of LawTalk is available on The complex language and mannerisms routinely current practising certificate. Lawyer num- the New Zealand Law Society’s website at used by barristers can make it hard for clients bers change over the year, but range from www.lawsociety.org.nz. This contains most and witnesses to understand what is happening 12,000 upwards. LawTalk is also sent to fur- of the articles included in each issue and a and to ensure they are being well represented. ther recipients who include members of the full pdf file of each hardcopy issue may also “It also contributes to a damaging perception judiciary, Law Society associate members, be downloaded. that the justice system is remote, powerful and inaccessible. In turn, this can erode faith in the ENVIRONMENTAL STATEMENT legal process.” This is stated in a report published by the LawTalk is printed on Sumo Matte. This is an forest management. FSC® certification United Kingdom’s Bar Standards Board, which environmentally responsible paper. Forestry means that the paper used to produce regulates barristers. Stewardship Council® (FSC®) certified, it LawTalk meets FSC®’s requirements at The report – entitled Does Cross-cultural is produced using Elemental Chlorine Free all stages along the production chain. Communication Matter at the Bar? – is avail- (ECF), Mixed Source pulp from Responsible The shrink wrap used for delivery of able at www.barstandardsboard.org.uk/ Sources, and manufactured under the strict LawTalk is 27 micron biodegradable film media-centre/press-releases-and-news/bar- ISO14001 Environmental Management manufactured in New Zealand. This degrades regulator-holds-cross-cultural-communication- System. FSC® certification is internationally naturally. If you wish to discard LawTalk event,-publishes-report/. recognised as the most rigorous environ- please recycle it. The wrapping may be mental and social standard for responsible composted. Video for victims The Ministry of Justice has released an animated video that explains how victims of crime can expect to be treated and what happens during Placeholder for FSC the criminal justice process. Certification “We know there is a lot of information avail- EDITOR able for victims which is sometimes hard to Frank Neill · 04 463 2982 absorb, particularly at the time of the crime. editor@lawsociety.org.nz This video simplifies a lot of that information Established in 1869, the New Zealand Law JOURNALISTS and also reassures victims that support is avail- Society regulates the practice of law in Nick Butcher · 04 463 2910 able throughout the criminal justice process,” New Zealand and represents the interests nick.butcher@lawsociety.org.nz says Deputy Secretary Legal and Operational of lawyers who choose to be members. The James Greenland · 04 463 2902 Services, Sarah Turner. The video is available powers and functions of the Law Society are james.greenland@lawsociety.org.nz at www.victimsinfo.govt.nz. set out in the Lawyers and Conveyancers SENIOR DESIGNER Act 2006. As well as upholding the funda- Andrew Jacombs · 04 463 2981 Outstanding woman lawyer mental obligations imposed on lawyers andrew.jacombs@lawsociety.org.nz French lawyer Carol Xueref is the 2016 winner who provide regulated services, the Law DESIGNER of the International Bar Association (IBA) Society is required to assist and promote Daz Yang · 04 463 7837 Outstanding International Woman Lawyer Award. the reform of the law, for the purpose of daz.yang@lawsociety.org.nz Ms Xueref was presented with the award upholding the rule of law and facilitating the ADVERTISING during the 7th IBA World Women Lawyers’ administration of justice in New Zealand. Christine Wilson · 04 463 2905 advertising@lawsociety.org.nz Conference held in Berlin on 7 and 8 April. 26 Waring Taylor St, Wellington 6011, Given biennially, the award recognises pro- New Zealand WEBMASTER Miranda Kaye · 04 463 2990 fessional excellence, women who have influ- 04 472 7837 miranda.kaye@lawsociety.org.nz enced other women to pursue careers in law, PO Box 5041, Wellington 6145, COMMUNICATIONS MANAGER and women who have advanced opportunities New Zealand, or DX SP20202 Geoff Adlam · 04 463 2980 for other women within the legal profession. President – Chris Moore geoff.adlam@lawsociety.org.nz The Secretary-General of Essilor International Board – Allister Davis (South Island), SA, her international career encompasses PRINTING & DISTRIBUTION John Unsworth (North Island), Kathryn industry, banking, international relations and Format Print, Petone, Wellington Beck (Auckland), Mark Wilton (Wellington) diplomacy at organisations including Essilor, ISSN 0114-989X (Print) Crédit Lyonnais, the International Chamber of Executive Director – Christine Grice ISSN 2382-0330 (Online) Commerce and the British Embassy. Unless it is clearly indicated, the views expressed in LawTalk are not to be taken as those of, or endorsed by, the New Zealand Law Society. No responsibility whatsoever is accepted by the New Zealand Law Society for 4 any opinion, information, or advertisement contained in LawTalk. 22 April 2016 · LawTalk 886 From the Law Society Three important issues As I enter my first days and weeks as the New Zealand Law Society President, I am aware of the many issues that arise both within and outside the profession in terms of the rule of law, law reform, the regulation of the profession and the Law Society as a provider of services to support lawyers as professionals. From our highly regarded law reform work to our libraries, from our col- legial activities to the service so many lawyers provide in the regulation of the profession, the organised profession is very active indeed. Continuing the outstanding service the Law Society provides to New Zealand society will be very important. In addition, there are three areas that will continue to require focus and significant direction from the leadership of the profession. These are not new but in our current environment they are more important than ever: ▪ Access to justice; ▪ Promotion and retention of women in the law; and ▪ Practising well. A society that does not ensure access to justice for all its citizens is simply an unjust society. However, we hear the phrase so much it can start to lose its meaning and its importance. As Canada’s well-known Chief Justice Beverley McLachlin has said: “the most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve. Access to justice is therefore critical”. As a profession we can’t afford to fail our society, and we will not. This is a foundational issue and one in which all lawyers (not just litigators) should take an interest. I have talked before about how we are in a privileged position and that we need to be constructive and innovative in our approach to the solutions to this issue.
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