ISSUE 929 · June 2019

Finding the perfect role legal employment

Does our use of Family Law Confirmation and Litigation imprisonment Arbitration anchoring bias in funding and breach NZBORA? - what's decision making class actions happening? in NZ

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New Zealand Law Society People in the Law 6 · From the Law Society 36 · Does New Zealand’s use of 7 · New Zealand Law Society imprisonment breach the New Zealand Bill of Rights 17 · Letters to the Editor Act? ▹ BY LIESLE THERON 39 · Social enterprise report People in the Law a catalyst for change? 6852 19 · On the move ▹ BY LYNDA HAGEN 24 · Sir Ian Barker QC retires after more than 60 years in Alternative Dispute the law ▹ BY NICK BUTCHER Resolution 28 · Fizzy drinks, baked beans and 40 · Family Law Arbitration eggs fuelled mature student ▹ BY ROBERT FISHER QC ▹ BY ANGHARAD O'FLYNN 42 · Cognitive biases: challenging 32 · Mike Mika, Rugby World the way we think ▹ BY PAUL SILLS Cup star and Crown ▹ BY CRAIG STEPHEN Employment 34 · The Innovators: Nick 46 · Talent Starved: the state Whitehouse ▹ BY ANDREW KING of the legal employment market ▹ BY GEOFF ADLAM 49 · Making the move: finding that 8877 first job in law ▹ BY JAMIE DOBSON

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4 Contents

52 · The delicate balance: Practising Well Legal Information part time/ flexible work 80 · How does that make you 96 · Two recent legal books ▹ BY TRACEY CORMACK feel? ▹ BY SARAH LAING ▹ BY GEOFF ADLAM 58 · Enticing young talent to the provinces ▹ BY CRAIG STEPHEN 83 · Lawyers Complaints Classifieds 61 · NZ lawyers in the UK Service 97 · Will notices ▹ BY NICK BUTCHER 98 · Legal Jobs 63 · The New Zealand legal Practice 100 · CPD Calendar employment map 86 · Effectively managing New ▹ BY GEOFF ADLAM Zealand’s increasing discovery Lifestyle volumes ▹ BY ANDREW KING 103 · A New Zealand Legal Access to Justice 87 · Te Tiro Iho a te manu – Crossword ▹ SET BY MĀYĀ 66 · Litigation funding and class taking a Bird’s Eye View 104 · Law on the Telly actions ▹ BY NICK BUTCHER ▹ BY GABRIELLE O'BRIEN ▹ BY CRAIG STEPHEN 74 · Legal information for the 89 · Focus On Thames-Coromandel people ▹ BY DAVID TURNER ▹ BY CRAIG STEPHEN 105 · Tail end 77 · Fishy business with civil legal aid ▹ BY STEVEN ZINDEL Legal Technology 80 · Contemplating Loss 93 · OneLaw gaining in practice ▹ BY DAVID ALLAN management market ▹ BY GEOFF ADLAM 94 · The Revolution Will Not Be Televised ▹ BY DAMIAN FUNNELL

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5 NEW ZEALAND LAW SOCIETY June 2019 · LAWTALK 929

NEW ZEALAND LAW SOCIETY

From the Law Society

We must stand Kia ora koutou together It is my pleasure as the newly to engage elected Vice-President Central North with all the Island to be writing the introductory challenges and comments for this month’s LawTalk opportunities to introduce myself and comment that the future on a few areas of interest to me. holds... As I am a proud bi-cultural kiwi. illustrated with I was born in South Africa to the challenges Afrikaans parents and came to New faced last year, Zealand at nine years old. I spent my it is essential formative years in rural South Otago that we as a where my father was a rural GP. I group take finished my schooling and under- ownership for graduate studies in , moved the profession to Wellington where I worked for as a whole, central government and an indus- because try association before moving to ultimately we Taranaki five years ago. I currently stand and fall work as General Counsel and Chief together. of Staff for TSB in New Plymouth where I live with my partner. I have been actively involved with the New Zealand Law Society for several years in various communities. I care about the welfare of our lawyers, capacities, including several years on the management and about ensuring that all parts of our legal community committee for ILANZ, the in-house section, and the feel cared for, included, and connected to the profession. Taranaki Branch Council. In building this culture we will also help ensure that I have also been a standing member of the Regulatory we better serve our communities in an inclusive way, Governance Group, taking an active interest in the Law which will benefit all of Aotearoa. Society’s regulatory activities. Alongside this I was The Law Society is the central core of the profession, and actively involved in advising on AML/CFT Phase 2 and the in the coming years it has an even more important role in inclusion of the legal profession, including helping with driving this future for us all. We must stand together to the Law Society submissions and briefing its Council. engage with all the challenges and opportunities that the In my day job I oversee several key corporate func- future holds, and a strong, proactive, and future-focused tions, including governance, and have been involved in Law Society sits at the heart of that. As illustrated with several governance improvement and organisational the challenges faced last year, it is essential that we as realignment projects. I believe this experience will a group take ownership for the profession as a whole, serve me well on the Board. In addition, I believe that because ultimately we stand and fall together. I bring a valuable set of perspectives to the Board – an To succeed at this the Law Society must be the best it immigrant, a member of the LGBTQ+ community, a can be, both from an operational effectiveness perspec- provincial lawyer, an in-house counsel, and someone tive and as a leader for the profession. I feel honoured with a roundabout journey to actually working in the to have this opportunity to contribute what I can to profession in which I trained. help achieve this outcome. I am a passionate member of the profession, and A particular area of interest is ensuring we have a believe we are at a critical time. As a profession we need vibrant profession in our regional centres, to serve our to stand together and fight for our continued success, communities, ensure access to justice and provide the col- to retain our proud past but also move into the future. legiality we all need to thrive. The challenges in recruiting I care about ensuring that we do right by our good lawyers to regional centres continue in spite of good

6 LAWTALK 929 · June 2019 NEW ZEALAND LAW SOCIETY

Practising fees and levies held to same level

work and great lifestyles in many of with a practising certificate. these places. While we don’t have a The New Zealand Law Society The practising fee in the year from solution, I was encouraged at the last has maintained practising fees and 1 July 2019 will be $1,040. A levy of Council by the conversation. As with levies for the 2019/20 year at the $130 is required to fund the Legal many of the challenges facing the same level as the 2018/19 year. Complaints Review Office and a profession, this is one where I believe The Minister of Justice has levy of $22 funds the New Zealand collective effort will ultimately lead approved the amounts recom- Council of Legal Education. to a solution. This issue ofLawTalk mended by the Law Society’s Lawyers who practise on their features employment in the legal Council at its meeting in April. own account are also required profession and one of the articles These will apply for all practising to make a contribution of $380 focuses on this issue. certificates renewed or issued for towards the operation of the Law The second area that has been a the year beginning 1 July 2019. Society’s Inspectorate. Lawyers who source of some frustration for many Payment of the practising fee and practise on their own account and has been AML/CFT. The Law Society two levies on lawyers are required also operate a trust account are has been actively engaging with from anyone wanting to practise required to pay $320 to the Lawyers’ both the Department of Internal law in New Zealand. Each year Fidelity Fund. Affairs and the Ministry of Justice in lawyers are required to renew their The Law Society’s registry is con- relation to AML/CFT and has created practising certificate and to pay for tacting every practising lawyer with a dedicated part of its website to the costs of the regulation of legal information on the process to follow consolidate useful information on services which is carried out by the if they want to renew their practisting the topic. A Practice Briefing looking Law Society. When renewing their certificate. Renewal must be com- at charging for AML/CFT compliance practising certificate lawyers are pleted by 30 June and any lawyers was released on 1 May, and infor- also required to declare that nothing who have not renewed by 1 July mation about annual reporting has arisen over the past year which are not able to continue practising including obligations and tips for may affect their fitness to be issued without making a new application. ▪ making this less painful for lawyers will shortly be available Recently the Law Society facil- Specialist law reform itated DIA staff attending local branch seminars to answer queries committee applications sought from the profession – these seminars are continuing around the country and important role in the reform of and have been well received. Q and The Law Society is calling for law in New Zealand, with a repu- A sessions for the profession with applications from members and tation for producing high quality, expert lawyers have also been held associate members interested impartial and considered submis- in Auckland and Wellington and in serving on its Law Reform sions on a wide range of legal issues, more are planned. Committee or one of its specialist on behalf of the legal profession Finally, the Law Society has also committees. Specialist committees and in the public interest. This is raised some of the more concerning cover major areas of law including: possible thanks to the dedication issues directly with Government – criminal law, human rights and pri- and hard work of members of the including disbursements received vacy, civil litigation, commercial and profession who volunteer their time by law firms in advance and barris- business law, public and administra- and expertise to serve on the law ters’ fees being treated as “managing tive law, employment law, environ- reform committees. Appointments client funds” and wire transfers. mental law, accident compensation, are for the period September 2019 Noho ora mai ▪ health law, immigration and refugee to September 2021. Members of the law, legal services, rule of law, tax profession who want to participate Herman Visagie, Vice-President law, and youth justice. are invited to apply by 5pm on Central North Island. The Law Society plays an active Friday 26 July. ▪

7 NEW ZEALAND LAW SOCIETY June 2019 · LAWTALK 929

Legal Community New Zealand Counselling Service relationship property trial begins survey 2019

The Law Society’s Family Law The service is available every day Section is again partnering with The Law Society has begun a of the year and every hour of the business advisory firm Grant nine-month trial of a free and con- day. There are three ways in which Thornton New Zealand to release a fidential professional counselling it can be accessed: 2019 Relationship Property Report. service. This is available to anyone • Free call 0508 664 981. The objective is to create a better in a legal workplace – lawyers and • Fill out the online referral form understanding of the key practice, non-lawyers. on the Vitae website at www. legal and financial issues in rela- In an email to lawyers on 17 May, vitae.co.nz. tionship property matters which Law Society President Tiana Epati • Download the Vitae NZ app from lawyers and their clients face. said the service is an important the App store or Google Play. This years’ survey opens in early addition to the support and assis- Anyone who contacts Vitae will be June and will be available to all tance the Law Society provides to able to have up to three free confi- lawyers who practise in the area members of the legal community. dential sessions with an appropriate of relationship property. A link to “Law is an area where there can counselling professional of their the survey will be available via be high levels of stress that can lead choice. The first two sessions are the Family Law and Property Law to a raft of mental health and well- on a self-referral basis. Vitae is able Section email bulletins, LawPoints being issues. Finding support and to recommend, on an anonymous and Law Society branch newsletters. advice can be difficult, particularly basis, that the Law Society funds The first survey in 2017 was com- as many of our legal workplaces a third session if this is needed. pleted by nearly 400 lawyers. The have small numbers of staff. We are No individual information will survey results (see LawTalk 913, committed to finding effective ways be provided by Vitae to the Law December 2017, p.23-25) provided a to support healthy, safe, respectful Society when recommending a useful insight into relationship prop- and inclusive legal workplaces,” third session. erty practice as well as a snapshot of she said. Information and details of the the clients who engage the services of The Law Society has signed service are also available on the Law a lawyer to either assist in the resolu- an agreement with Vitae, one of Society’s website. All contact will be tion of relationship property disputes New Zealand’s most experienced between the person seeking assis- or enter into a section 21 agreement providers of workplace wellbeing tance and Vitae. No personal details prior, during or after separation. services. Vitae is an incorporated of those accessing this service will As well as building on the society and a registered charity. be provided to the Law Society. As responses received in the 2017 sur- It has been providing counselling this is a trial and we need to see vey, a particular focus of the survey services since 1965, has over 400 how the service is being used and by this year will be: support specialists and more than whom, statistical information will • Timely resolution of relationship 500 organisations as clients. Its be collected by Vitae and passed on property cases; wellbeing services are available to to the Law Society in an anonymous, • Proposals from the Law Com- over 130,000 employees and 30,000 aggregated form. mission’s review of relationship tertiary students. The Legal Community Counsel- property legislation; Anyone who works in a legal ling Service is for use by everyone • The unequal sharing of relation- workplace can contact Vitae if they in legal workplaces. The Law ship property, including section want to access the Legal Commu- Society is communicating with 15 issues; nity Counselling Service. When organisations and groups which • The use of professionals in rela- contacting Vitae members of the represent non-lawyers, but all tionship property matters. legal community should mention lawyers are urged to ensure others All lawyers who practise in this area that they are accessing the Legal in the workplace are advised of the are encouraged to contribute their Community Counselling Service. service. ▪ views for the 2019 report. ▪

8 LAWTALK 929 · June 2019 NEW ZEALAND LAW SOCIETY

Rushed amendments to Misuse of Drugs Act should raise concerns

spokesperson Chris Macklin told the He said the Supreme Court had A bill making important changes select committee. considered the issue of presumption to the Misuse of Drugs Act raises The Law Society also questioned of possession of drugs for supply. significant concerns and is being whether the bill could be considered The court said that presumption rushed through the legislative pro- consistent with the right to be pre- might be justified in terms of the cess without adequate evidence sumed innocent until proven guilty, Bill of Rights if the quantity is set so and analysis, the New Zealand Law a right affirmed by the New Zealand high that the purpose of supply is a Society has said. Bill of Rights Act 1990. ‘near certainty’, to reduce or avoid The Law Society presented its A new power to temporarily the risk of wrongful convictions. submission on the Misuse of Drugs classify new substances as Class The Ministry of Justice concluded Amendment Bill to Parliament’s C controlled drugs is subject to that 56 grams “would represent a sig- health select committee last month. the Act’s default presumption that nificant amount unlikely to be held The Law Society submitted that the quantities of 56 grams or more are for solely personal use”, but this was rushed process for development and for the purpose of supply rather directly contrary to the Ministry of scrutiny of the bill created the risk than for personal use. This transfers Health’s conclusion in the Regulatory of poor quality legislation. the burden onto the defendant of Impact Assessment that “56 grams is The Law Society pointed to a disproving that presumption. about a month’s worth for an average number of concerns about the bill. “That is a significant burden, and dependent user, or a few days’ worth It noted that a complete rewrite the Ministry of Justice’s view that it for some heavy users.” of the Misuse of Drugs Act had is consistent with the Bill of Rights The Law Society recommends that been recommended by the Law requires closer examination,” Mr the select committee seeks further Commission in 2011, but this has Macklin said. advice about the evidence base for not yet eventuated. It asked that “Similar amendments in the past relying on the default quantity of the select committee’s report to have resulted in Attorney-General 56 grams to justify the presumption Parliament underscore the need reports to Parliament that reliance of supply. for a systematic and comprehensive on default quantities to establish “The committee may also want reform of the legislative framework a presumption of supply were to seek advice from officials about for responding to drug use. inconsistent with the right to be alternative approaches that might “This bill is not a substitute for presumed innocent. The ministry’s achieve the objective of the bill with- long overdue and wider reform, view is difficult to reconcile with out limiting the right to be presumed nor is it a significant step along the these reports. It is also difficult to innocent more than is reasonably path to wider reforms,” Law Society reconcile with case law.” necessary,” Mr Macklin said. ▪

Income tax on cryptocurrency paid to employees, other than cryp- toassets that are ‘shares’ for income salary, wages and bonuses tax purposes, are subject to fringe benefit taxt (FBT). “The Law Society notes that in rules if the cryptocurrency being practice most cryptoassets are The Law Society has broadly paid can be converted into a flat not convertible into fiat currency agreed with the conclusions of currency, and either a significant so therefore it is likely that FBT Inland Revenue draft rulings on purpose of the cryptocurrency is to would apply to most payments of salary, wages and bonuses paid as function like a currency, or the value cryptoassets (other than shares) as cryptocurrency. This is that crypto- of the cryptocurrency is pegged to salary and wages or bonuses,” it says currency paid as salary and wages one or more fiat currency. It also in comments provided to Inland or bonuses are subject to the PAYE agrees that other cryptoassets Revenue. ▪

9 NEW ZEALAND LAW SOCIETY June 2019 · LAWTALK 929

ILANZ 2019 in-house lawyer award winners

produced a landmark independent The winners of the 2019 ILANZ review into the Law Society’s reg- In-house Lawyer awards were ulatory functions. Working closely announced at the ILANZ conference with the group’s external advisors, in Dunedin on 10 May 2019. ILANZ Luke Cunningham Clere, Charlotte is the New Zealand Law Society’s was instrumental in providing the ▴ Jeremy Ford, 2019 ILANZ Public section for in-house lawyers and the group with high quality advice and Sector In-house Lawyer of the annual awards recognise excellence guidance. Year across New Zealand’s in-house Charlotte has also played a key lawyer community. part in the Law Society’s response Jeremy Ford, who is a lawyer to the working group report and at Juno Legal was the winner of her work is identified as playing the ILANZ Public Sector In-house an important role in changing the Lawyer of the Year award. Jeremy culture of the legal profession for is currently engaged at the Overseas the better. Investment Office and was nomi- nated in his previous role as General Counsel, Earthquake Commission. The judges said the award rec- ognises the significant impact that Jeremy made through his work at EQC – an organisation that has grappled with complex legal issues and faced considerable and constant ▾ Legal Team, Engineering New ▴ Charlotte Walker, 2019 organisational change under the Zealand, 2019 Greenwood Roche Private spotlight of public scrutiny. In-house Team of the Year, with Sector In-house Lawyer of the The team described his leadership Sponsor Hamish Bollard. Year style as one to admire and aspire and particularly acknowledged the unwavering respect that Jeremy commanded from both the wider business community and external stakeholders. Charlotte Walker, Senior Solicitor, Regulatory, New Zealand Law Society won the Greenwood Roche Private Sector In-house Lawyer of the Year award. The judges said Charlotte was nominated not just for the quality of her work in her day-to-day role as senior solicitor, for the Law Society’s regulatory team, but for her work over the last year in a key advisory role for the working group led by Dame Silvia Cartwright which

10 LAWTALK 929 · June 2019 NEW ZEALAND LAW SOCIETY

The judges said they could not is recognised for the valuable con- separate two of the nominees and tribution they have made to their the joint winners of the MAS Young organisation through an innovative In-house Lawyer of the Year were contract automation project and the Madison Dobie, Legal Advisor, complete redesign in their approach Engineering New Zealand, and to the delivery of legal services. Their Alexandra Kissling, Legal Counsel, approach has significantly stream- Fisher and Paykel Healthcare. lined organisational processes and The judges said Madison had standardised their construction demonstrated excellence not just contracts. in her core work but also through They are recognised by external her recent work project managing supporters for the sophisticated the engineering aspects of a key approach taken to the rollout of this governmental initiative to resolve project, their innovative thinking, residential insurance claims in collaborative way of working, and Christchurch. ability to win over internal clients ▴ Madison Dobie, 2019 MAS Joint She is acknowledged as with their well-considered solutions Young Lawyer of the Year being instrumental in bringing and well-articulated benefits. Engineering NZ’s complaints pro- The Legal Team, Engineering cess to life with a strong drive to New Zealand won the 2019 help parties to a complaint reach an Chapman Tripp In-house Team of outcome that is the best and most the Year. fair result. The judges said that beginning Alexandra was nominated for her from their entire overhaul of the exceptional relationship building professional standards expected of skills and for her achievements in professional engineers completed in crucial areas of business. This has 2016, the entire Engineering NZ legal included her contribution to the team has stepped forward with a work of the legal team in resolving programme that that has enabled a global patent dispute with a US and brought about a transformation competitor, playing a lead role in of the processes and practices now developing new global guidelines adopted across the whole profes- on advertising and promotional sional engineering sector. activities, and her involvement They are praised for their appre- in a significant review of a mul- ciation of professional engineering ▴ Alexandra Kissling, 2019 MAS ti-centre, pan-European clinical together with their thoughtfulness Joint Young Lawyer of the Year trial under changing national and and understanding of the challenges EU legislation. of properly delivering to widening Alexandra was not able to attend public expectations. the awards ceremony as she is in In the words of their external Colombia as recipient of a Prime advisors, the Engineering NZ legal Minister’s Scholarship enabling her team now goes far beyond pro- to undertake a business internship viding day to day in house legal there. advice, working with government The Education Infrastructure departments on projects of national Services Legal Team, Ministry significance.▪ of Education, was winner of the Artemis Executive Recruitment In-house Innovation Award. The ▸ Rebecca Robertshawe, team award was accepted by team leader and Director, Property leader and Director, Property Law, Law, of Education Infrastructure Rebecca Robertshawe. The 12-person Services Legal Team, Ministry EIT team includes three full-time of Education. 2019 Artemis lawyers. Executive Recruitment In-house The judges said the EIS legal team Innovation Award winners.

11 NEW ZEALAND LAW SOCIETY June 2019 · LAWTALK 929

Comprehensive review Darren Foster of Official Information elected Hawke’s Act supported Bay branch President review of the Act in 2012. A comprehensive review of the “Most of the Law Commission’s Official Information Act 1982 should 2012 recommendations have not Hastings barrister Darren be expedited, at the same time as been adopted and, in the Law Foster has been elected President the Government continues to focus Society’s view, this has contributed of the Hawke’s Bay branch of the on practice improvements, the Law to the continuing difficulties with New Zealand Law Society. Mr Foster Society says. the Act. The Commission’s 2012 specialises in criminal law, mental Both are required to ensure the report was the result of a thoroughly health cases and assistance with Act remains effective in achieving researched project led by eminent limited licence applications. the fundamental objective of open jurist John Burrows QC and it is and accountable government, disappointing that many of the The following branch Council was says Law Society feedback to the recommendations have not been elected at the branch AGM on 1 May Ministry of Justice on how the OIA actioned.” 2019: is working in practice. The Law Society says it considers In principle, the Act provides a that the Commission’s recommen- President: Darren Foster. sound basis for making information dations should be the starting point publicly available and improving for careful consideration in the cur- Vice-President: Nigel Loughnan. transparency of government. rent consultation. It says the min- However, in practice it still faces istry should undertake a thorough Council: Libby Brown, Amanda many of the challenges identified review of the recommendations, Bryant, Michelle de Jong, in earlier reviews, including the with a view to implementing a Alexandra Ensor, Jackie Law Commission’s comprehensive much larger number of them. ▪ Pearse, Richard Stone. ▪

Removal of interim court order provisions a worry

sections 50, 57 and 65 of the 2017 Act remove the ability family lawyers, it is not uncommon The Law Society has expressed for the court on its own motion, or a lawyer representing for the court on its own motion to concern at three amendments con- a child or young person, to make an application for an make such an order where neces- cerning interim court orders made interim custody or restraining or guardianship order in sary. By way of example, similar by the Oranga Tamariki Legislation relation to a child or young person. powers are available to the court on Bill to the Children, Young Persons, “The ability for the court or a lawyer for the child/ its own motion to make protection and Their Families (Oranga Tamariki) young person to make such an application is an added orders and interim parenting orders Legislation Act 2017. protection for children or young people where such an in absence of an application for such In a submission on the bill, the order is necessary but has not been sought by Oranga an order.” ▪ Law Society says amendments to Tamariki,” the Law Society says. “In the experience of

12 LAWTALK 929 · June 2019 NEW ZEALAND LAW SOCIETY

Senior Law Society appointments

implementation of the Lawyers and The New Zealand Law Society Conveyancers Act 2006 and was pre- has appointed two staff to senior viously General Manager, Regulatory positions. and then acting Executive Director Mary Ollivier has been appointed from January 2018 until April 2019. Director, Regulatory. This role Neil Mallon has been appointed encompasses a strategic oversight General Manager, Regulatory. and development of the regulatory His role has oversight of the Law functions of the Law Society. Her Society’s regulatory functions, focus will be on ensuring that the including the Lawyers Complaints Law Society is a responsive and Service, the Inspectorate, general effective regulator which adapts to litigation and matters referred the ways in which lawyers market to the New Zealand Lawyers and and deliver their services, and Conveyancers Tribunal. keeping pace with technological A barrister and solicitor of the advances. A key component of the High Court, Neil has a long history of role is ensuring there are responsive working in the regulation of profes- and compassionate tools in the Law sionals. This began in London where Society’s regulatory functionality to he worked for the Bar Standards safeguard lawyers’ wellbeing and to Board managing prosecutions and ensure service to the public and the appeals involving the conduct of profession is exemplary. barristers in the Inns of Court and Admitted as a barrister and Royal Courts of Justice. solicitor in December 1991, Mary On his return to New Zealand, practised in law firms in Auckland, Neil worked for the New Zealand Wellington and overseas before Teachers Council and led their com- moving to the former Wellington plaints and prosecutions team. He District Law Society in the mid- joined the New Zealand Law Society 1990s as Professional Standards in 2012 and was previously National Director and then Deputy Executive Complaints Manager before taking Director. on his current role in an acting She moved to the New Zealand capacity in 2018. ▪ Law Society in 2008 to assist with

Maxwell Mediators

Geoff Sharp, Bill Wood QC and Lim Tat establish Maxwell Mediators, Singapore

13 NEW ZEALAND LAW SOCIETY June 2019 · LAWTALK 929

Criminal Cases Review Commission supported Advertising in LawTalk and the judicial system. LawPoints A bill establishing an independ- Professor Brookbanks highlighted Inquiries about advertising ent body to review potential miscar- the concern that members of the in LawTalk or LawPoints can riages of justice, and refer suitable Commission who do not have be made to advertising@ cases to appeal courts, will enhance judicial experience may defer to lawsociety.org.nz. A media transparency and public confidence a judge’s mana and experience in kit with details of advertising in the criminal justice system, the the criminal justice system when requirements and charges is New Zealand Law Society has said. considering whether to refer a available on the Law Society The Law Society presented conviction or sentence to an appeal website in the News and its submission on the Criminal court. Communications/LawTalk Cases Review Commission Bill to Even if there is no actual def- section. Parliament’s justice select com- erence, there is a risk that public mittee last month. It said the bill perceptions of judicial influence will bring New Zealand into line may undermine the Commission’s with comparable jurisdictions that credibility, resulting in limited have independent bodies assessing uptake of its services. This concern Contributing articles potential miscarriages of justice. is particularly acute in respect of to LawTalk “The current mechanism in New the Commission’s ‘own motion’ We welcome articles related Zealand for referring potential powers to initiate investigations into to the New Zealand legal miscarriages of justice to the appeal the criminal justice system, which profession, at work or lei- courts – the exercise of the Royal may focus on matters of judicial sure. All contributions and prerogative of mercy – has been practice or court procedures relating inquiries about submission criticised as slow, not sufficiently to miscarriages of justice. of articles can be emailed to independent, and inaccessible However, the Law Society also the Managing Editor, editor@ to minority groups. Establishing acknowledged the counter-argu- lawsociety.org.nz. Contact a new body will improve public ment that in a small jurisdiction before submission of an article confidence in the independence such as New Zealand, excluding a is preferred. The New Zealand and transparency of reviews of significant pool of qualified people Law Society reserves the right suspected miscarriages of justice,” such as judges may increase to edit all material submitted Law Society spokesperson Professor the challenges of resourcing the for publication. Warren Brookbanks told the select Commission. ▪ committee. The new Criminal Cases Review Commission will also have investi- gative and ‘own motion’ powers that aren’t available under the current system, which will significantly improve the scope and outcome of Michael Robinson reviews, Professor Brookbanks said. Shortland Chambers is pleased to announce that Michael Robinson The Law Society raised one issue has joined as a member. for the select committee to consider, Michael represents clients involved in civil, commercial and in relation to whether current or regulatory matters with specialist expertise in banking and financial retired judges should be eligible services, insolvency, property, and company law. Before joining Chambers Michael was a partner at . for appointment to the Commission. We wish Michael well in his career at the bar. The bill currently allows judges to be appointed, although there may be concerns that this undermines the www.shortlandchambers.co.nz Commission’s independence from

14 LAWTALK 929 · June 2019 LAW REFORM

Opportunity to get involved in law reform

Calling all practitioners keen to make a contribution to law reform in New Zealand, now is your time to get involved.

The New Zealand Law Society plays an active and important role in the reform of law in New Zealand. The Law Society has a reputation for producing high quality, impartial and considered submissions on a wide range of legal issues, on behalf of the legal profession and in the public interest. This is possible thanks to the dedication and hard work of members of the profession who volunteer their time and expertise to serve on the Law Society’s law reform committees.

The Law Society is now calling for applications from members and associate members interested in serving on the Law Society’s Law Reform Committee or one of the specialist committees listed below:

Accident Compensation Committee Civil Litigation and Tribunals Committee Commercial and Business Law Committee Criminal Law Committee Criminal Law Committee Employment Law Committee Environmental Law Committee Health Law Committee Human Rights and Privacy Committee Immigration and Refugee Law Committee Legal Services Committee Public and Administrative Law Committee Rule of Law Committee Tax Law Committee Youth Justice Committee

If you are: • enthusiastic about, and have skills and expertise in a relevant area of law, • keen to share your knowledge and to work collaboratively with other practitioners, • willing to volunteer your time and expertise for the benefit of the profession and the community, and • available to respond to consultation on law reform when required … then we need you.

New Zealand Law Society committee membership is a great way to get involved and have your say on law reform issues. It is also an excellent basis for professional development and collegiality.

Go to www.lawsociety.org.nz/law-society-services/law-reform/get-involved for information on the committees and role descriptions, and to apply. Application forms and information packs are also available via email from [email protected].

Applications close at 5pm Friday 26 July 2019.

Committee convenors will be appointed by the Law Society Board at its meeting on 23 August 2019 and committee members will be appointed by the President in late August.

15 LAW REFORM June 2019 · LAWTALK 929

The voice of the profession – how we can influence positive change in the law

BY TIANA EPATI

quality of legislation. The Law Society is calling for applications This is important and fascinating work, to join our law reform committees (see and I know from personal experience page 15 in this edition of LawTalk and on that collectively we can make a real the Law Society website). Applications difference to the legislation and justice from a diverse range of backgrounds are system we all work with every day. I had encouraged; the Law Society is committed the privilege of serving on the Criminal to the principles of diversity and inclusion Law Committee and saw first-hand the and wants to ensure appointments reflect positive influence the Law Society com- New Zealand’s multicultural society. mittees can and do have. The Law Society’s law reform work is As President, I now sign off Law Society of the profession and the central to representing the profession submissions on potential reforms across New Zealand legal system. and speaking out in the public interest every area of law and legal practice, and I encourage you all to – on key issues such as access to justice, I am impressed by the expertise, knowl- support this work and constitutional protections, the rule of law, edge and commitment our committees to consider putting your operation of the justice system, and the collectively contribute for the betterment name forward to serve.

Our commitment to improving the law

BY LIESLE THERON

their time to serve on these committees, “Assisting and promoting” law reform is working to tight timeframes on difficult one of the Law Society’s key functions issues while still meeting the demands of – “for the purpose of upholding the rule their busy day jobs. This is a significant of law and facilitating the administration public service. It is also rewarding work. of justice in New Zealand” (Lawyers and It’s an opportunity to contribute directly Conveyancers Act 2006, s65). The Law to improving our laws, to be involved at Society’s committees and in-house legal the cutting edge of legal developments team work hard to produce thoughtful, and to work with like-minded members considered submissions to parliamentary of the profession. It is a pleasure and a select committees, the Law Commission privilege to work with a group of such and government departments on a vast committed and enthusiastic lawyers. our law reform work, and range of potential reforms. We aim to Now others in the profession have a how to apply, are provided assist in shaping the best possible leg- chance to participate – the call has gone in this edition of LawTalk islation and to ensure that law reform out for applications to join the Law Reform and on the Law Society proposals respect fundamental principles. Committee and specialist committees for website, and I encourage A great many lawyers give generously of the next two-year term. Information about you to consider applying.

16 LAWTALK 929 · June 2019 LETTERS TO THE EDITOR

LETTERS TO THE EDITOR

Pro bono and CLC as this is extremely important and often any legal or equitable title in any and CAB work unrecognised and undervalued. property: (d) mediation, conciliation, or arbitration I have read the article titled “Finding a Sabrina Muck services: match – how well does pro bono work in Senior Lawyer, Waitematā Community (e) any work that is incidental to any of the New Zealand?” by Craig Stephen (LawTalk Law Centre. work described in paragraphs (a) to (d) 928, May 2019). So – valued volunteers, please carry on Respectfully, I wish to request a cor- Access to Justice doing the good work that you do! rection/expansion to the statement at – Pro bono We appreciate it very much! paragraph 9 that: “[S]ection 9 of the Lawyers and I note in [Craig Stephen’s] article regard- Caryl O’Connor Conveyancers Act 2006 imposes restric- ing pro bono work, mention was made of Managing Solicitor, Community Law Otago tions on carrying unpaid work out with the restrictions of practitioners “carrying CLCs and CABs. In fact, lawyers could be unpaid work out with CLCs and CABs…. found guilty of misconduct if they do so.” Lawyers could be found guilty of miscon- LawTalk Editor Geoff As I am sure the writer is aware, but may duct if they do so.” [page 62]. Now before Adlam replies: have been omitted from the article, section our sterling volunteers who contribute Sabrina Muck and Caryl O’Connor are 10(5) of the Lawyers and Conveyancers Act many hours of unpaid work to CLCs run totally correct. The valued volunteer law- 2006 provides an exception to the appli- screaming for the hills, may I draw your yers at community law centres and citizens cation of section 9, namely: attention to s10(2)(5): advice bureaux can certainly work through “Nothing in section 9 prevents a lawyer “Nothing in section 9 prevents a lawyer CLCs and CABs. As well as section 10(5) who is not an employee of a community who is not an employee of a community which they both point to, section 31(4) law centre or citizens advice bureau from law centre or citizens advice bureau from of the Act also assists. The Law Society’s providing legal services to the public under providing legal services to the public under Practice Briefing, Guidance for lawyers the auspices of a community law centre the auspices of a community law centre undertaking pro bono work is also helpful. or citizens advice bureau.” or citizens advice bureau.”. Craig Stephen was certainly aware of this I also wish to note that lawyers in Section 6 – legal services means services and used the term ‘out with’ to explain that community law centres are delivering that a person provides by carrying out legal the work was outside of that done on behalf high quality advice under often extremely work for any other person; and of CLCs and CABs, but we appreciate how challenging circumstances. Therefore the legal work includes– it could have been misinterpreted. comment at paragraph 13 (albeit being (a) the reserved areas of work: We greatly appreciate the wonderful one person’s opinion) that “[people in the (b) advice in relation to any legal or equi- efforts of all lawyers who provide time and middle] are unlikely to want to rely upon table rights or obligations: assistance to community law centres and a free lawyer” is neither appropriate nor (c) the preparation or review of any citizens advice bureaux. helpful; although I do agree that those who document that– fall in the middle are often impacted by (i) creates, or provides evidence of, Court security lack of access to justice. legal or equitable rights or obliga- Otherwise I wish to add my support to tions; or I refer to [Ministry of Justice Chief Operating the pro bono work and advocacy that Ms (ii) (ii) creates, varies, transfers, extin- Officer Carl] Crafer’s [response to a letter Epati and her colleagues are carrying out, guishes, mortgages, or charges about court security and the searching of

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17 LETTERS TO THE EDITOR June 2019 · LAWTALK 929

lawyers] published in issue 928 of LawTalk to extend the exemption. lawyers employed by the ministry and May 2019. Unfortunately, he does not The notice from the Ministry of Justice other lawyers should be continued. The explain why he decided to distinguish of 29 March 2019 raises interesting rule of Chief Executive now has the power under between lawyers employed by the Ministry law issues. s 24(1)(h) to exclude lawyers known to of Justice and other lawyers. Pursuant to s 4 (a) First, while court security officers are court security officers from searches under of the Lawyers and Conveyancers Act 2006 appointed by the Chief Executive of the Act and should do so. Lawyers are all all lawyers do have a statutory oversight the ministry under s 5(1) of the Act, officers of the High Court of NZ and they obligation to uphold the rule of law. In s 7(2) stipulates that a court security have unique professional obligations. They addition, lawyers have a very important role contract may not contain provisions deserve to be treated with more courtesy to ensure that basic human rights under inconsistent with the Act. A court and respect. ss 23(1) and 24(c) and (f) of the NZ Bill of security officer’s powers and duties Rights Act 1990 be afforded to ordinary cit- are defined in s 10 of the Act, which Henry Laubscher izens when dealing with the executive and includes a reference to s 13 and the Barrister, Auckland. judicial branches of the government. While discretion contained therein. It is lawyers are not exempt from the provision doubtful whether the Chief Executive of the Court Security Act 1999 (“the Act”), could direct court security officers to any suggestion that they may be denied make compulsory searches of persons entry to the courts, will sound alarm bells. entering court buildings as such a The Act regulates the security at all courts, direction would remove their discre- as defined ins 3. Subsections (1) and (2) tion under s 13. of s 13 provide court security officers with (b) Second, on 29 March 2019 the Chief HAYS LEGAL the power to ask for consent to search, as Executive did not have the power to PARTNER WITH well as the power to deny entry to anyone exempt any person from the provi- THE EXPERTS who refuses to be searched (“may seek per- sions of the Act. At that stage s 24(1) At Hays Legal we understand that the effectiveness of a legal department mission to search” and “may deny entry”, (h) required any exemption to be depends upon its people. We help jobseekers achieve their full potential not “must”). From the wording of these done by regulation and the exclu- by bringing them together with the provisions it is clear that the legislature sion of “Ministry of Justice staff and right job. We are passionate about the legal profession and the careers of the granted Court Security Officers a discretion. Corrections” in the directive appears people within it. On 27 March 2019 the Law Society to have been unlawful. It was only on With offices across New Zealand, advised its members that a notice was 8 April 2019 that the amendment to we combine local knowledge with received from the Ministry of Justice s 24(1)(h) came into force empowering a national perspective. This means you receive an expert local service advising that effective immediately all the Chief Executive to exclude individ- and have access to a nationwide pool persons entering court buildings would ual persons or classes of persons. of talent and opportunities. be screened, with the exception of the There is no provision in the Act for so-called judiciary, employees of the Ministry of “lighter touch searches”; only to the dis- To find your local office, visit Justice, Police and Corrections. Mr Crafer, cretionary power of court security officers. hays.net.nz under delegated authority from the Chief As the security level has been reduced Executive of the ministry, was the author to MEDIUM there seems no reason why hays.net.nz of this notice and he confirmed his decision the inexplicable discrimination between

18 LAWTALK 929 · June 2019 PEOPLE IN THE LAW · ON THE MOVE

PEOPLE IN THE LAW ON THE MOVE

Justice Williams in law in 1986 from Oxford University in District Court Judge to appointed to England, where he studied as a Rhodes be based in Manukau. Supreme Court Scholar. Having lectured in law at Bristol Judge Ginnen is University, Justice Goddard returned to of Samoan (Safune, Justice Joseph Victor New Zealand in 1988 to practise as a lawyer Tufutafoe, Leauva’a, Williams has been at Chapman Tripp. He was admitted as a Lefaga) and Pākehā appointed a Judge of barrister and solicitor in New Zealand in descent. She was the Supreme Court, February 1989. He was a litigation partner admitted as a barrister effective from 2 May. at that firm from 1991 to 1998, before begin- and solicitor in October 1991. Justice Williams ning practice as a barrister sole in 1999. He She has been a barrister at Halcyon graduated with an was appointed Queen’s Counsel in 2003. Chambers since 2005. Before that LLB from Victoria Justice Goddard has been a member of the she was at the law firm King Alofivae University in 1986 and joined the faculty Commonwealth Secretariat Arbitral Tribunal Malosi founded by Judge La-Verne King; as a junior lecturer in law. He graduated since May 2011, and Acting President of the Ali’imuamua Sandra Alofivae and Judge Ida with an LLM(Hons) from the University Tribunal since February 2018. He was a Vice- Malosi; and then a partner at KAM Legal. of British Columbia in 1988. In 1988 he President of the Diplomatic Conference that Earlier in her career she was at Burns Hart joined Kensington Swan, establishing the adopted the Hague Convention on Choice of & Co, Grey Lynn Neighbourhood Law Office first unit specialising in Māori issues in a Court Agreements in 2003, and a member of and Russell McVeagh. major New Zealand law firm and devel- the drafting committee for that Treaty. Justice Judge Ginnen will be sworn in on 26 oping a large environmental practice. He Goddard has more recently been undertaking July 2019 in Manukau. She will also have became a partner at Kensington Swan in research at New York University as a Senior jurisdiction as a Family Court Judge. 1992, leaving in 1994 to co‑found Walters Global Fellow from Practice and Government Williams & Co in Auckland and Wellington. in the Hauser Global Law School. Acting members of the In 1999 Justice Williams was appointed judiciary appointed Chief Judge of the Māori Land Court. The Appointments welcomed following year, he was appointed acting Retired Court of Appeal Judge John Chairperson of the Waitangi Tribunal and The appointment of Justice Joseph Richard Wild has been appointed an was permanently appointed in 2004. He was Williams as the first Māori on the Supreme Acting Judge of the Court of Appeal from appointed as a Judge of the High Court in 2008 Court is something all New Zealanders 29 April 2019 to 28 April 2020. and a Judge of the Court of Appeal in 2018. should be proud of, says New Zealand Law Justice Wild retired in March 2017 after Justice Williams’ tribal affiliations are Society President Tiana Epati. being appointed to the Court of Appeal Ngāti Pūkenga and Te Arawa (Waitaha, “This is an historic appointment for in February 2011. After graduating from Tapuika). An appointment to the Supreme Māori as tangata whenua, and for all of Victoria University of Wellington in 1968 Court was required after current Supreme Aotearoa, New Zealand. He represents a he worked at before becoming Court judge Justice Sir William Young was new era which has arrived and serves as a barrister sole in 1976. He was appointed named to chair the Royal Commission of a powerful beacon of hope for any person Queen’s Counsel in 1993 and to the High Inquiry into the attack on the Christchurch who aspires to climb and stand at the very Court bench in 1998. Mosques on 15 March 2019. top of the mountain,” she says. Retired Court of Appeal Judge Lynton “I would also like to congratulate David Laurence Stevens has been appointed an David Goddard appointed Goddard QC on his appointment to the Acting Judge of the Court of Appeal from to Court of Appeal Court of Appeal. A direct appointment to 29 April 2019 to 28 April 2020. the Court of Appeal is rare, and he has Justice Stevens was a Court of Appeal Wellington Queen’s Counsel David made an enormous contribution to justice judge from July 2010 until his retirement Goddard has been through his work in domestic and interna- in August 2016. He was appointed Queen’s appointed a Judge of tional law reform as well as chairing the Counsel in 1997 and a High Court Judge the High Court and the Borrin Foundation Grants and Scholarship in 2006. Court of Appeal. He will Committee,” Ms Epati says. Judge Melanie Harland has been be sworn in on 19 July. appointed Acting Principal Environment Justice Goddard Lope Ginnen appointed Judge from 8 May until Principal graduated with a District Court Judge Environment Judge Laurie Newhook BA(Hons) in mathemat- resumes the duties of that office. Judge ics from Victoria University of Wellington Auckland barrister Faumui Penelope Harland is based in the Environment in 1983, subsequently gaining a BA(Hons) (Lope) Ginnen has been appointed a Court in Auckland. She was appointed an

19 ON THE MOVE · PEOPLE ON THE LAW June 2019 · LAWTALK 929

Alternative Environment Judge in 2008 and effective from 1 May. Management major) from Otago University an Environment Judge in September 2009. Andrew has over 15 in 2012 and was admitted in May 2013. He Maureen Jeanette Southwick QC years of experience in joined Berry Simons in June 2016 after and Rosemary Hossack Riddell, retiring corporate and com- spending four years in the environmental District Court Judges, have been appointed mercial work advising law team of a South Island law firm. Chris acting District Court Judges and also to clients on franchising, has been heavily involved in a wide range of exercise the jurisdiction of the Family Court business sale and work across all aspects of environmental law. each for a term of two years, commencing purchase, commercial on 15 May 2019 for Judge Southwick QC and contracts, leasing and health and safety. Grant Nicholson 19 August 2019 for Judge Riddell. He has previously worked for large national appointed partner at Jane Hewat Lovell-Smith, retiring and international law firms. Anthony Harper District Court Judge, has been appointed an acting District Court Judge and also David Abricossow Anthony Harper has to exercise the criminal jurisdiction of senior associate with appointed Grant the District Court for a term of two years Parker & Associates Nicholson as a partner. commencing on 8 June 2019. He will head Anthony David Raymond Brown and Patrick David Abricossow Harper’s newly formed Robert Grace, retiring District Court has joined Wellington specialist health and Judges have been appointed acting District litigation firm, Parker & safety practice. Grant has Court Judges and also to exercise the juris- Associates, as a senior many years’ experience diction of the Family Court each for a term associate. David is an in health and safety law helping businesses of two years, commencing on 6 November experienced civil lit- deal with investigations and prosecutions by 2019 for Judge Grace and on 9 November igator with over nine WorkSafe New Zealand and other regulators, 2019 for Judge Brown. years’ experience at all and also advises businesses on issues of stages of the litigation process. His areas compliance, risk management, and safety Holland Beckett of specialty include commercial litigation, leadership and culture. Law promotes relationship property, trust and estate Jenna Heerdegen disputes, as well as employment and Grimshaw & Co appoint workplace investigations. David joins the Charles Lane partner Bay of Plenty firm Holland Beckett Law has Parker & Associates team after five years promoted Jenna Heerdegen to associate. at a top-tier commercial law firm and five Grimshaw & Co has Jenna works across all areas of relation- years at a mid-tier firm. appointed Charles ship property and family law in both the Lane to the partner- Tauranga and Rotorua offices. She also sits Berry Simons promotes ship from 1 May 2019. on the Tauranga and Rotorua branch of Chris Timbs to Charles started with the New Zealand Law Society Waikato and senior associate Grimshaw & Co in 2009 Bay of Plenty Women in Law Association and in his time there committees. Specialist environ- has gained extensive mental law firm Berry experience in the area of civil and commer- Andrew Skinner joins Simons has promoted cial disputes. He frequently appears in the Stewart Germann Law Chris Timbs to senior High Court, District Court, and specialist Office partnership associate. Chris gradu- tribunals. Charles regularly represents ated with an LLB and clients at mediation and other forms of Andrew Skinner has been promoted to Bachelor of Applied alternative dispute resolution. the partnership with Stewart Germann, Science (Environmental Burley Attwood Law appoints two partners

Tauranga and Te Puke law firm Burley Attwood Law has appointed two partners. Tom Castle com- pleted his law degree at Otago and Victoria Universities and was admitted in 2007. He started his legal career in Whanganui in 2009 and moved to the Bay

20 LAWTALK 929 · June 2019 PEOPLE IN THE LAW · ON THE MOVE

of Plenty in 2011, joining Burley Attwood property, commercial Lawyers to join the Law in March 2014. Tom specialises in and family law. She firm’s commercial, litigation and dispute resolution and has has substantial experi- company, trust and a broad range of experience across civil ence in residential and property law team as a and general commercial litigation. commercial property senior solicitor. She was Holly Hawkins was conveyancing and has admitted as a barrister admitted as a barrister acted on a number of and solicitor in 2004 and solicitor in 2011 large subdivisions and and has experience and has specialised unit title developments. Pip is also expe- and expertise in relationship property in Family Court work rienced in trusts and estate planning and matters. Julie is a trustee of the Friends since her admission. has been at the forefront of developing of Madagascar New Zealand Trust. Before moving to Burley and expanding the firm’s family law and Grace Kerrigan Attwood Law, Holly relationship property presence. has moved from GCA practised at a Whakatane firm for several Fran Hesp has been Lawyers to join the years. She is a lead provider for family legal promoted to associate. firm as a solicitor in the aid and the Family Legal Advice Service and She specialises in all conveyancing, property a Family Law Section member. aspects of employment and commercial law law, including company team. Admitted as a Mortlock McCormack restructures, employ- barrister and solicitor Law promotes ment disputes and in 2016, she has expertise in relationship Michael O’Flaherty negotiating employ- property matters. ment agreements. Fran is also experienced Heather Murdoch Christchurch firm in civil and commercial litigation, with has joined the firm Mortlock McCormack particular expertise in debt recovery, from the Office of the Law promoted Michael insolvency and dispute resolution. Ombudsman as a senior O’Flaherty to associate Jessica Weinberg associate and joins the on 1 May. Admitted has been promoted dispute resolution team. in December 2014, to associate. Jessica is Admitted in 1987, she Michael has worked for an experienced corpo- has worked as a Judges’ the firm since 2015 and rate and commercial Clerk at the High Court, in private practice, specialises in property, commercial and lawyer specialising in as a professional legal training instructor employment law. Michael acts for a wide commercial property and co-owner of a private legal training range of clients from central government transactions, share and company, at the Office of the Ombudsman organisations to individuals, and he has asset sales, shareholders agreements and and as an associate in private practice in appeared in the Employment Relations banking and finance. She also regularly acts the litigation team. Heather is accredited Authority, Employment Court, Social on large residential conveyancing matters as an Associate Member of the Arbitrators’ Security Appeal Authority, District Court and the purchase of New Zealand assets and Mediators’ Institute of New Zealand. and High Court. under the Overseas Investment Act. Sir Douglas White retiring Todd & Walker Law Trollope & Co from Law Commission senior appointments Lawyers merges with Maurice Walker Sir Douglas White is retiring as President Louise Denton has of the Law Commission after three years been promoted to Trollope & Co Lawyers has merged with in the role. He was appointed President in senior associate. Louise Maurice Walker. May 2016 to replace Sir Grant Hammond, specialises in criminal Maurice Walker a few months after he was appointed as a and family law. As moved from GCA Law Commissioner. Sir Douglas will stay on a criminal defence Lawyers on 1 April and at the Commission until 28 June in order expert she is an experi- has merged his practice to assist with completion of work on the enced litigator and has with Tim Trollope. The review of the Property (Relationships) Act appeared in many High Court appeals and new firm will be called 1976. Deputy President Helen McQueen will Parole Board hearings. Louise also leads Trollope & Co Lawyers lead the Commission until a replacement the firm’s family law work in the areas of Incorporating Maurice for Sir Douglas can be found. domestic violence and care of children Walker. Maurice has 46 years’ experience as “Sir Douglas White has had a distin- following separation and other associated a commercial, company, trust and property guished career as a lawyer and Court of family law matters. lawyer and has particular expertise and Appeal Judge, and I am pleased that he Pip Roberts has been promoted experience in franchising. devoted his skills to lead the Commission to senior associate. Pip specialises in Julie Hawthorn has moved from GCA for the time that he did. He has provided the

21 ON THE MOVE · PEOPLE ON THE LAW June 2019 · LAWTALK 929

Commission with able leadership during his Russell McVeagh. Shortlisted were commercial lawyer. Carlo has a particular tenure,” Justice Minister Andrew Little says. Chapman Tripp, Deloitte, EY and KPMG. focus on business acquisitions, corporate After graduating LLM with first New Zealand Transfer Pricing Firm of structuring, commercial contracts and class Honours at Victoria University of the Year: KPMG and Deloitte. Shortlisted various corporate governance matters. Wellington, Sir Douglas was a litigation were EY and Russell McVeagh. partner in predecessor firms to Kensington New Zealand Tax Disputes & Litigation Greta Melvin joins Swan before moving to the independent Firm of the Year: Russell McVeagh. McWilliam Rennie bar in 1986 and being appointed Queen’s Shortlisted were Bell Gully, Deloitte, EY Counsel in 1988. He was appointed a Judge Law and KPMG. Greta Melvin has of the High Court on 24 August 2009 and to joined specialist family the Court of Appeal in February 2012 until Tom Pasley becomes law practice McWilliam his retirement in September 2015. Lindsay LA director Rennie as a solicitor. Greta graduated from Two new team members Specialist litigation and arbitration law Otago University in at Juno Legal firm Lindsay LA has appointed Tom Pasley 2017 with a LLB and as a director from 1 April 2019. Tom is an BA (English). She was Jeremy Ford has joined experienced commercial litigator and has admitted to the bar in Southland where the firm in Wellington particular expertise in complex contractual she worked in litigation, practising in the from the Earthquake disputes, company and securities law, areas of civil and family law before moving Commission where he banking and financing disputes, compe- to Wellington in April. spent seven years as tition law, regulatory investigations, pro- general counsel and fessional negligence, and class actions. Tom Heida Donegan chief legal adviser. was a founding member of Lindsay LA in joins Kensington Before EQC he spent six 2017, having started his career as a solicitor Swan partnership years with Wynn Williams and Trowers at Bell Gully and later practising as a junior Hamlins in London. Jeremy has extensive barrister sole at Bankside Chambers Kensington Swan experience in public and Crown entity law, . has welcomed Heida including inquiries, litigation strategy, Tompkins Wake promotes Donegan to the part- contracting and procurement, insurance legal specialists nership. Heida joined and construction law. the firm in 2015 as Jenny Ross has Tompkins Wake has promoted three legal senior counsel. She is joined the firm in specialists in its Auckland, Hamilton and an experienced M&A Dunedin. She has broad Rotorua offices. practitioner and has in-house legal experi- Becky Brown has been promoted to over 20 years’ experience in cross-border ence in commercial, senior associate. With BMS and LLB(Hons) investment. In her prior role, Heida was property, corporate gov- degrees from the University of Waikato, a partner at Barlow Lyde & Gilbert (now ernance, and regulatory Becky has been practising law since 2010 Clyde & Co), having worked in London, matters with Pharmac, and joined Tompkins Wake in 2015. She Hong Kong and China. Treasury, and Auckland specialises in dispute resolution and civil Council. Jenny has provided legal and litigation, with her particular areas of New LINZ Chief strategic advice to executive management, expertise including insolvency litigation, Executive appointed staff, and elected members. contractual disputes, insurance-related litigation, and debt recovery. Gaye Searancke has been appointed New Zealand winners Christine Gavin has been promoted to Chief Executive of Land Information at Asia Tax Awards associate. Christine is a registered legal New Zealand. Her appointment is from executive specialising in property related 19 August and for five years. She is cur- Russell McVeagh won the New Zealand Tax transactions with expertise in subdivi- rently Deputy Commissioner, Customer Firm of the Year honour at the International sions. Her skills have been recognised by and Compliance Services – Business, at Tax Review 2019 Asia Tax Awards. The awards many practitioners outside the firm and Inland Revenue and has held this position were announced in Singapore on 9 May. she provides advice occasionally to other since August 2017. Firms shortlisted for the awards were firms on the practical management of land The LINZ role became vacant in assessed according to three primary met- registration issues. December when Andrew Crisp was rics: transactional value, complexity, and Carlo Wan has been promoted to appointed to the position of Chief innovation for matters completed between associate. Carlo has DipBus and BBus Executive, Ministry of Housing and Urban 1 January 2018 and 31 December 2018. qualifications from Auckland University of Development. Lisa Barrett has been the The New Zealand winners, and short- Technology and an LLB from the University Acting Chief Executive since August 2018. listed firms were: of Auckland. He is fluent in Mandarin and Ms Searancke holds a LLB(Hons) from New Zealand Tax Firm of the Year: Cantonese and is a China law specialist and the University of Otago and attended

22 LAWTALK 929 · June 2019 PEOPLE IN THE LAW · ON THE MOVE

the and New Zealand School and financing, with a particular focus on which enable Deputy Chairpersons to share of Government, Executive Fellows acquisition, financing and development. decision-making and decision-writing Programme in 2014. Beth is experienced in large scale subdi- duties with the Chairpersons. visions, unit title developments, complex Katherine Anderson is an Auckland Appointments at acquisitions and disposals, project funding barrister and foundation member of Carson Fox Legal and leasing issues and has been involved Auckland’s Sangro Chambers. She was in a number of large scale residential and appointed a member of the Human Rights Auckland commercial, business and commercial developments. Tribunal in 2013. Admitted in May 1995, Ms property law practice Carson Fox Legal Sam Hutchings has Anderson is experienced in litigation and has announced two appointments. been appointed senior public law and has worked for government Peter Liao has associate. He is based in departments, the New Zealand Police, been appointed senior Auckland as part of the Auckland Council and as a partner at associate. Peter was resource management Anthony Harper before moving to the Bar. admitted as a barrister team and has devel- Martha Coleman is a Wellington barris- and solicitor in New oped a diverse range of ter. She was admitted in May 1997 and has Zealand in 2003 and experience in resource worked as a solicitor at Chapman Tripp, to the New York Bar in management, litigation, due diligence, dis- a Court of Appeal Judges’ clerk and uni- 2010. He specialises in trict plan reviews and project consenting versity lecturer. She was employed by the commercial and commercial property law. strategy. Sam joined Greenwood Roche Crown Law Office for 14 years as a Crown Peter has extensive experience in advising in 2018 after returning from the United Counsel specialising in human rights start-up companies through to multinational Kingdom, where he worked for a large until 2014 when she moved to the Bar. Ms enterprises. He is fluent in both Mandarin international law firm as part of the Energy Coleman has been a Parole Board Convenor and English. and Infrastructure team. since 2017, a Parole Board member from Dayle Steele has Rob Harris has been 2014 and a District Inspector for Mental been appointed senior promoted to senior Health since 2017. lawyer. She joined the associate. Rob is a Sarah Eyre is a Dunedin barrister of practice in early 2018 construction projects Tongan and Pākehā descent and was following a move from specialist who assists admitted in May 2000. She worked as a Christchurch. Dayle a range of clients Refugee Status Officer from 2000 to 2002 practises primarily in throughout the life-cy- and for an Auckland law firm from 2003 employment, immi- cle of their projects. Rob to 2011. She has extensive experience gration and relationship property. joined Greenwood Roche in 2017 from the working with diverse and minority groups construction litigation team of another and is currently a Visiting Justice (since Greenwood Roche leading New Zealand firm and has exten- 2015), a Disputes Tribunal Referee (since announces promotions sive experience in project procurement, 2011) and a member of the Real Estate advisory and risk management. Agents Authority Complaints Assessment Greenwood Roche has announced a Letitia Stenberg has Committee (since 2014). number of appointments and promotions. been promoted to senior Jane Foster is general counsel at the Hadleigh Yonge has associate. She acts for a Office of the Privacy Commissioner, where joined the partnership number of government her main responsibility is providing expert from 1 April. Hadleigh and large commercial legal advice and quality assurance for the is an experienced sector clients, and Commissioner, as well as managing any commercial property undertakes a range of litigation in which the office is involved. lawyer who specialises commercial property, Admitted in September 1995, she has in infrastructure devel- commercial, public works and infrastruc- worked as a litigation solicitor for Chapman opment. He acts for a ture work. Letitia acted for developers of Tripp and for the Crown Law Office in the number of government, local authority and diesel development projects and solar farms Human Rights team for 15 years. large commercial sector clients, particu- proposing to construct standby electricity Gillian Goodwin is a partner with larly in respect of electricity, water and generation sites in the United Kingdom. Anthony Harper and a panel member wastewater networks. Hadleigh is based for the Human Rights Review Tribunal in the Auckland office. Human Rights Review since 2013. She was admitted in February Beth McAuley Tribunal appointments 1980 and has been a partner in major law has been appointed firms for the past 29 years. Her area of senior associate. She Five Deputy Chairpersons have been expertise is corporate and commercial law undertakes a variety appointed to the Human Rights Review with an emphasis on securities law and of commercial work Tribunal. This follows changes made by finance. She is a member of the Institute and specialises in sections 101A to 101C of the Tribunals of Directors and the ADLS Inc commercial commercial property Powers and Procedures Legislation Act 2018 law committee.

23 PROFILE · PEOPLE ON THE LAW June 2019 · LAWTALK 929

24 LAWTALK 929 · June 2019 PEOPLE IN THE LAW · PROFILE

PEOPLE IN THE LAW PROFILE Sir Ian Barker QC retires after more than 60 years in the law

BY NICK BUTCHER

second year at university because I was too clumsy to Auckland-based former High be a medical practitioner, not mechanically inclined for Court Judge Sir Ian Barker QC engineering and related professions and I did not want has had a remarkable career that to be a teacher. In those days, there was, I think, one stretches back to the late 1950s. scholarship in the whole of New Zealand for overseas It’s a story that reads and feels legal post-graduate study. The many opportunities for as if two men were doing his law young lawyers today to study and work overseas just work as his immense contribution did not exist back in the 1950s,” he says. leaves you pondering whether it Sir Ian was admitted to the Bar in 1958, and began his was possible for one man to have life in the law as a barrister. These were simple times and achieved so much. the law was very different to how it is now. The Beatles Perhaps this suggests that law were four years away from releasing their debut single, was more than just a job for Sir Love Me Do, and technology played little to no part in Ian. It’s a profession that he was, law compared to where it fits in today. and still is deeply passionate about. The year 1958 was when Sir Edmund Hillary became It’s worth considering how many the first person to reach the South Pole overland since people would retire as a Judge of Robert Scott’s tragic journey of 1912. the High Court following over 20 Sir Ian’s career has been a law adventure. He has years of service behind the bench worn practically all of the law hats a person could don: to then build and carry out a third barrister, judge, law academic, arbitrator and mediator. career as an arbitrator and mediator He was appointed Queen’s Counsel in 1973, 15 years for a further two decades. A career into his career. that would also see him involved “I’ve had three distinct careers in law. I’m really in law reform in the Cook Islands, It’s worth surprised. At no point do you actually know how long work that will shape their society considering you’ll have. Back then (1958) the turn of the century for many years to come. how many seemed like a long time away but looking back, it all And let’s not forget that he had people would happened very quickly,” he says. a 20-year career as a lawyer before retire as a So, perhaps the answer to gaining a long career in making the move to the bench. Judge of the law is about keeping it interesting and letting those High Court skills develop. Drifting into the law following over “Something I’m blessed with is a good memory. It’s Sir Ian was born in 1934 in 20 years of very helpful in the law. I’m also a reasonably adaptable Taumarunui. He went to primary service behind person. Practising law has changed a lot since 1958. In school there, then attended boarding the bench to our graduation class there was only one woman out of school in Auckland before entering then build and about 23 of us.” the University of Auckland to study carry out a Sir Ian was a Judge of the High Court from 1976 to law. Other than a great-grandfather third career as 1997. He is a man who appears to relish assessing highly who was a solicitor in Manchester an arbitrator detailed cases, for example, a case he recalls known as in the 19th century, he says there and mediator the Securitibank Case (Re Securitibank Ltd (No 2) [1978] wasn’t any family law connections. for a further 2 NZLR 136). “I rather drifted into the law at my two decades. “It lasted over 10 years and produced a huge number

25 PROFILE · PEOPLE ON THE LAW June 2019 · LAWTALK 929

of judgments on obscure points of to determine whether the Cook Islands went through company and liquidation law. My the necessary regulations before it entered into these last case – Shell (Petroleum Mining) treaties,” he says. Co Ltd v Kapuni Gas Contracts Ltd Another case that went to the Privy Council involved (1997) 7 TCLR 463 was very inter- the Cook Islands superannuation scheme, and he says esting. It involved competition law there were numerous land cases that went before the and splitting the gas field between Privy Council too. two parties instead of one,” he says. Recently, a final sitting was held at the Cook Islands Sir Ian also enjoyed administra- High Court to farewell Sir Ian. tion work and he was an executive He also spent four separate periods at Wolfson College judge for about six years. at Cambridge University as a visiting fellow. “You had to have a project so I took on a Cook Islands law The third career reform project each time. The last one was the Crimes Act.” So, after 21 years behind the bench, He also worked on drafting the Family Protection and Sir Ian still had an appetite for law Support Act. work but didn’t anticipate it would Fiji was also a place he enjoyed visiting and working lead to another two decades of work. at the Court of Appeal. While Sir Ian was no longer on the “The population was much bigger [than the Cooks] bench in New Zealand, he did sit on so there was much more variety in the work than you the Cook Islands Court of Appeal as would get in a smaller jurisdiction. I was one of an a Judge until recently. He also sat on international team of five Court of Appeal Judges who other appeal courts including those had to decide on whether the George Speight coup [of in Fiji, the Pitcairn Islands (held in 2000] had changed the Government of Fiji and abrogated Auckland), Samoa, Vanuatu and the constitution. We held that it hadn’t changed the Kiribati. constitution. The late Sir Maurice Casey and I were the “That was really interesting Kiwis, there was also a judge from , work. The Cook Islands – while it Sir Mari Kapi, who has since died, an Australian judge has a lot of ordinary and mainly and the Chief Justice of Tonga who was an Englishman,” criminal appellate cases – does While Sir he says. have other interesting cases such Ian was no as fishing rights where the Cook longer on Bankside Islands entered into treaties with the bench in In the early 2000s, Sir Ian, who was knighted for services the European Union about fishing New Zealand, to law in 1994, set himself up at Bankside Chambers inside their exclusive economic he did sit in Auckland. zone. Because the Cook Islands on the Cook He was a foundation member of Bankside Chambers has so many small islands, its Islands Court which started in the old Grand Hotel Building in Princes exclusive economic zone is quite of Appeal as Street in about 2001. They moved to Lumley Building a huge area. That case is actually a Judge until in 2007. going to go before the Privy Council recently. But retirement doesn’t mean he completely cuts his

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26 LAWTALK 929 · June 2019 PEOPLE IN THE LAW · PROFILE

ties with Bankside. be taking up a huge amount of Sir “I’m what’s called an associate member now. That Ian’s retirement. He also has writing means that I can still pop in for morning tea and gen- plans, which includes articles for erally socialise. It just means I’m not there on a regular LawTalk. There are also memoirs basis in that I don’t have my own office anymore. I had that he is writing for members of a really nice farewell and my colleagues insisted that I his extended family. come and see them, so I will. They’re great people and During his long career Sir Ian have just opened up another half floor to accommodate Barker was involved in teaching more lawyers. People such as Christopher Finlayson QC law and he was the longest serv- are there now,” he says. ing chancellor at the University of During his career after retiring from the bench, Sir Auckland, from 1991 to 1999. Ian was also the chair of the Banking Ombudsman “It was hard work but I enjoyed Commission. He has also been the patron for the seeing the faces of students being In-house Lawyers Association of New Zealand (ILANZ) capped on completion of their since its inception. He has been a World Intellectual degrees,” he says. Property Organisation (WIPO) panellist for domain And education remains a strong disputes for almost 20 years and was one of the first interest. Along with two other experts appointed by InternetNZ for .nz domain disputes. retired High Court judges, and a There were also various inquiries that Sir Ian carried retired District Court judge, he out; in particular, he headed the investigation into the attends Otahuhu College once a controversial Holocaust thesis written by Joel Hayward. week to provide remedial reading assistance. Another retired High What does retirement look like? Court Judge, Sir David Tompkins, A certain momentum and pace is generally synonymous I’m what’s does the same sort of work at One with practising law. There are few who leave the game called an Tree Hill College. not feeling somewhat jaded from the journey. associate Sir Ian has five children and an Sir Ian is well travelled. Law has taken him abroad member now. 11th grandchild on the way. many times and something he has always enjoyed was That means that All of his children have university journeys by rail. I can still pop in degrees. Three are lawyers, which He still takes the time to travel this way, even in for morning tea includes a Queen’s Counsel and a Auckland on a day-to-day basis. and generally specialist wine and beverage lawyer, But the overseas experiences are a little different in socialise. It along with a specialist researcher that the journey takes you several thousand kilometres just means I’m at Gilbert Walker, litigation and across vast areas and you stay aboard the passenger not there on a arbitration specialists. train overnight. regular basis Sir Ian and his wife have been “Last year I went on the Indian Pacific from Adelaide in that I don’t married for 53 years. They’ve both to Perth with a friend. There was also the Ghan train from have my own travelled extensively but these days Darwin to Adelaide with one of my children,” he says. office anymore. prefer to visit both Italy and France. ▪ There have been trips on trains in South America, and if in Europe, train has always been the choice of transport for Sir Ian. But it’s not merely the conveni- ence that appeals. Sir Ian grew up during a time when trains were the king of transport, so it’s a hobby. Legal Accounting Bureau · Save time and money Kathy Kell “Being brought up in Taumarunui, provides comprehensive, · Always know your trust account [email protected] accurate, efficient and timely is balanced and your month end it was a railway town, so steam certificates are filed on time Ph 09 444 1044 management of solicitors’ trust Fax 09 929 3203 accounts. · Our service is completely secure trains were common. It was part of and confidential www.accountingbureau.co.nz life. I was president of the Railway Outsource the management of · Trusted professionals with over your firm’s trust account. Either 20 years’ experience Enthusiasts Society at one point,” come to us or we can come to · 72 law firms currently use our Powered by juniorPartner. he says. you remotely. services Practice Management software you can trust. But railways and trains won’t

27 PROFILE · PEOPLE ON THE LAW June 2019 · LAWTALK 929

28 LAWTALK 929 · June 2019 PEOPLE IN THE LAW · PROFILE

PEOPLE IN THE LAW PROFILE Fizzy drinks, baked beans and eggs fuelled mature student Viv d’Or, lawyer at Viv d’Or Law, Petone and Tauranga.

BY ANGHARAD O’FLYNN

They let me watchClutch Cargo [an producer, marketer and restauranteur. All this variety The oldest of five children, animated series about a pilot who means Viv has experience working in a lot of the indus- Hutt-based lawyer Viv d’Or had a takes on dangerous assignments] tries her clients work in. diverse life before law, working in a and other programmes for a little You mention childhood gremlins as a reason for number of different roles, including while on their telly a couple of times not studying law after high school. What made being an orchardist and a television a week.” you feel like you couldn’t become a lawyer? producer. She didn’t start to study During those viewings, Viv caught law until she was 53. a detective programme where a “I was seriously assaulted by a male babysitter when Viv’s father owned a welding man was on trial for burglary in a my mum was having my youngest brother. I lost my business in the small Waikato town second-storey building. He pleaded ability to articulate myself verbally and lost confidence in of Waharoa, 7km north of Matamata not guilty because he claimed he myself. I was struck dumb inside my head and couldn’t where she was born. couldn’t raise his right arm above find the right words. It’s the main reason why I find court “I started school at four and a half. his shoulder due to an injury, thus work difficult and don’t do it unless I really have to. I drove my mother nuts because I preventing him from committing “When I was in my 50s I basically said ‘fuck it, I don’t wanted to read and write; I already the crime. want to be 90 and wish I had done law’ – so did eight knew how to chop kindling and “The prosecutor asked him how weeks intensive counselling to put the gremlins to rest light the old black coal range, peel far he could raise his arm now. The and try to make sense of the assault. potatoes and put them on for dinner. burglar raised it to shoulder height, “On my last day of counselling I rang Waikato “I went to Matamata College as ‘and how far could you raise it University and asked them if they took old ladies on an awkward, rebellious teenager, before’, asked the prosecutor. The as law students, they said yes, so I enrolled. I was 53. but found my own as a registered burglar raised his arm up way past Surviving on Diet Coke, baked beans and eggs for the nurse at Tauranga Hospital in the his shoulder pointing his hand to next three years, Viv, with the support of her classmates, accident and emergency ward the sky – ‘this far Sir’, he said. Guilty. finished her law degree and honours papers. “It hurt my where I discovered I had an ability “At that moment I only wanted to head, but I didn’t care. I was living my dream and my to stay calm amidst the storm of do law. I knew there was a way of fellow students were so supportive and fun.” disaster and assist in a positive way. thinking in law that fascinated me “I came to Wellington to complete my professionals I worked in the maternity annexe as and I wanted it more than anything. in December 2008, knowing only one person – my best well, which I loved.” And though I waited a further 50 friend Chrissie of 30 years. I fell in love with Petone years to do that, it made the accom- and didn’t return to live in the Bay of Plenty when I Your pre-law resume is a plishment sweeter somehow.” completed them. When a legal job didn’t work out, I colourful and varied one. What Viv’s love for the law was always became a barrister, purchased a small advocacy business drew you, eventually, to law? in the back of her mind throughout and built my employment business from there. I spoke “When I was six television arrived her many careers. From working to anyone, helped out at Community Law for around in New Zealand and I was hooked. as a registered nurse to a kiwifruit seven years, and slowly but surely grew and expanded “We didn’t have a TV, but [family orchardist, furniture and interior my business.” friends] Mr and Mrs Norrie did. design retailer as well as a TV Viv works in employment law, family law and wills

29 PROFILE · PEOPLE ON THE LAW June 2019 · LAWTALK 929

and trusts. She has an office in Petone and has recently you realise how little you know about the practice of opened one at Tauranga Airport. law until you get out there. Luckily, I have been blessed with the quality of friends in the legal fraternity that What do you enjoy most about working have surrounded me and assisted me through those as an employment lawyer? rocky times that hit us from time to time.” “I like resolving issues. I get a buzz from it. I love edu- Are there any issues currently facing cating employers and helping employees empower lawyers and/or the legal system as a themselves during what is normally a really hard, whole that you’d like to highlight? stressful time in their lives. We also help clients recover their self-esteem. “Social media has changed the way we practise law. “There is a lot of pastoral care in employment law. Clients are more savvy since the internet has provided Employees place a value on themselves by the job so much information. We often correspond via email they hold and when it is threatened they mistakenly and skype now. I don’t mind.” devalue their worth. I am just so happy when resolution Can you tell me about anyone who inspires you? is reached, and people move on. “My favourite emails are from past clients. They always “My biggest inspiration is Ruth Bader Ginsburg who start the same way. ‘You won’t believe this but, I got an serves on the US Supreme Court as Associate Justice, amazing new job with a $20,000 pay increase in a sup- the second of only four female justices. She is a five portive environment.’ Or, ‘I started my own business and foot bundle of energy. And what a mind. She has been it's amazing being my own boss.’ a leading voice for gender equality, women’s interests, civil rights and liberties.” And what do you enjoy most about working in elder law? Law is stressful. What activities do you do after work to repose after a “I have always had a soft spot for the elderly. I don’t day of running two law firms? know why. I just have infinite patience with them. I think they have a life story to tell and they often need “I swim and aqua jog four times a week with my friend protection. I feel compelled to protect them with well Cherie. I have great friends in this area who I meet up written wills and enduring powers of attorney and trusts. with on a regular basis and eat at cafés. I binge watch My own mum had Alzheimer’s for 10 years before she Netflix and Lightbox. I do pilates. I’m a great source of passed away a couple of years ago. The appointment of amusement to three of my grandchildren who live in an attorney for her personal welfare, independent of Auckland (the others are in Switzerland). her five children, was in my opinion “Being nanny is one of my great joys in life. I can the single most important decision say naughty words and they laugh hysterically. Their she made.” parents do not. I just put my photograph on the front of my grand-daughter’s birthday pyjamas with “My After finishing your studies at nanny loves me Xx” on it. If she can wear Emma from Waikato, did you find the work the Wiggles on her T-shirt, why not Nanny.” matched the expectations before entering study? Where to now? “Practising law has exceeded all “I have long recognised the difficulty for lawyers, expectations. I love the diversity especially women who are returning to the work of the work I do. I believe lawyers force after having children, who need to work on a are in a privileged place in society I like resolving part-time basis. in that we are able to help people issues. I get a “I successfully trialled a part-time model over the last when no one else can. Nothing like buzz from it. I 12 months in my law firm where employees returning a lawyer’s letter to invoke action. I love educating to the workplace after parental leave were employed feel extremely privileged to be part employers for 10-15 hours per week. This has worked really well of the legal fraternity. We all have and helping for the employees, their families, and me. different ways of working but it is a employees “I have taught women how to run their own businesses collegiate group of people trying to empower and continue to mentor them. So we are continuing to resolve the woes of others.” themselves run this model.” ▪ during what Is there anything you wish is normally a You can find Viv’s d’Or’s offices in both Petone and you had been taught in law really hard, Tauranga. Ph 021 2423 200  www.vivdorlaw.co.nz school that wasn’t covered? stressful time “Nothing like experience to make in their lives. Angharad O’Flynn is a Wellington journalist.

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PEOPLE IN THE LAW PROFILE BeeGee, the inspiration for Rugby World Cup star and Crown lawyer

BY CRAIG STEPHEN brothers and cousins was of paramount Scarfie heaven importance to them. It’s the reason many Mike began playing rugby at the Otago Pacific Islanders migrated to New Zealand University club, turning out more than in the 1960s and 1970s – better opportu- 100 times for them, and after completing Mike Mika doesn’t come from a family nities for their families. I was one of the his studies played for the Kaikorai club of lawyers but he was inspired in his two first in our extended families to go to uni- in Dunedin. While playing for University, quests in life by a legend of rugby who versity. Shortly after, four of my cousins Mike was spotted by Otago coach Gordon went on to become a top lawyer. from the same family went to law school Hunter – who was also responsible for The loosehead prop starred for Otago, in Wellington and are practising law here finding university talent such as future Southland and the Highlanders in the 1990s, in New Zealand and the UK. All Blacks , , John played for a top English club and featured “My interest has always been court work Timu, Arran Pene and Josh Kronfeld. for Samoa in two Rugby World Cups. so when I came out of varsity I went to the “Playing for Otago back then was a lot of Now, Mr Mika is a partner at Preston defence Bar and then came to the Crown fun. Can you imagine a bunch of Scarfies Russell Law in the Crown Solicitor office about 15-16 years ago. Sports law was being flown around the country to play in Invercargill. obviously always going to be an interest rugby and staying in hotels with buffets He got into law through a famous 1970s and having knowledge on both sides of the for breakfast, lunch and dinner? It was a All Black, Sir Bryan Williams. fence, as a player and from a legal stand- great time,” he says. “I think BeeGee was the first Samoan point, and basically wanting to make sure In 1994 Mike broke an ankle and took a All Black and he was also a lawyer. My that players are aware of their obligations year off. On his return to the Otago team he parents are both from Samoa and I was and duties under their contracts. came to the attention of Samoa, or Western born in Wellington and when you see “Back when rugby went professional in Samoa as it was known at the time. He someone like BeeGee who was a role model the mid-90s it was very much a grey area was soon on the plane to South Africa for both on the rugby field and in his chosen and guys were signing things they weren’t a pre-World Cup tour that included a test profession, that rubs off. I don’t want to aware of and things were catching up with against the Springboks. sound corny but he was the one person them a wee bit.” “At that stage Bryan Williams was all us Samoan kids aspired to be. I was Mike estimates that 65-70% of his work involved with the Samoa team so it was interested in law anyway so it was an easy is Crown and government department a bit of a fanboy moment when I met him decision to make.” work and the rest is made up by acting at the airport” (for his first trip with Manu as lawyer for child, immigration law and, Samoa). Legal groundbreaker not surprisingly given his background, With no relatives having ever worked in the sports law. Back for the 1995 Cup law – Mum Fou worked in factories and as He serves on the Judiciary Panel for NZ Mike was soon back at the airport for the a cleaner, and Dad Salafai was a carpenter Rugby, SANZAAR and World Rugby and 1995 World Cup, also held in South Africa, and later Methodist Church Minister – Mike is involved with the sports agency Roar! where he was involved in all the team’s was a groundbreaker. where he acts as the contracts manager four matches. “Mum and Dad both came to New guiding players into making informed Samoa overcame Italy and Argentina to Zealand separately in the 1960s, and met decisions on the contracts they’ve been ensure that qualification would not hinge in Wellington. Education for me, my two offered. on the final group game against England,

32 LAWTALK 929 · June 2019

which they lost 44-22. In their quarter-final match on 10 June 1995, the brave Samoans were beaten by the hosts, but were far from disgraced. “It was an unbelieveable event, particularly as South Africa had just come out of the apartheid regime and iso- lation as a nation. I had quite a few mates who were with the All Blacks – Marc Ellis, Jamie Joseph, , Josh Kronfeld – and after we were knocked out my girlfriend Jane, who is now my wife, and I went to the final at Ellis Park to support the boys. “It was quite an emotional time, the atmosphere in the stadium was incredible and it was the same in Johannesburg afterwards. We went to a rugby club after the game and there was just sheer joy for the whole country.” For the inaugural 12-team competition in 1996 Mike made the natural progression to the Highlanders, which brought Southland and Otago together. At the in England and Wales, Samoa were based in Swansea. They finished second in their group after beating Japan and then the hosts Wales, 38-31, with Mike coming off the bench in the second half, to repeat the feat of the 1991 finals when they also defeated the Welsh. “Playing at the Millenium Stadium in Cardiff against the hosts was quite a moment for us all. We weren’t expected to win that one. The principality wasn’t too happy about that. It has to be up there (as a career highlight).” Those victories secured a pre-quarter-final repechage match against Scotland (“when you guys were wearing those horrible, ugly orange jerseys”) which was lost 35-20.

Sent to Coventry Allstar Picture Library / Alamy Stock Photo That same year Mike accepted a contract with English side Coventry RFC where he stayed for four-and-a-half seasons. easy access to some of the hotspots of Europe and beyond, There was the offer of a contract for another year in 2003, so non-rugby trips included Paris, Barcelona, Portugal, but Mike and Jane decided to return home. Son Jacob’s Tunisia, Greece and Brussels. During one off-season they appearance came alongside a two-up, two-down flat “which took off for two months to the Middle East, visiting Egypt, was fine for us, but when Jacob came along it was time for Israel, Jordan and Turkey. us to grow up and come back to the real world.” “We were backpacking, and when I say backpacking I do During his time in the Midlands Mike also worked at mean backpacking! It made quite a change from arriving a solictor’s firm which was one of Coventry RFC’s spon- at an airport with a rugby team and the bus being there to sors, doing “research for criminal and civil partners, a bit ferry you straight to the hotel and you get the lowdown: of family work and admin of Legal Service Agency (the ‘here’s the itinerary, you’re going here and there, breakfast equivalent of New Zealand Legal Aid) files”. is at this time and lunch, etc, etc’. He already had some legal work up his sleeve before going “We got into Cairo and boy was that a culture shock. But to Europe, working for the Dunedin firm O’Driscoll and we absolutely loved travelling around those two months Marks after graduating, and while playing for Southland experiencing different cultures, the people and their history, on a loan spell, at Cruickshank Pride in Invercargill. it was very different from what we had done before. My “I always wanted to do court work so when we decided personal favourites were Jerusalem, Bethlehem, the Nile, to come back Preston Russell were good enough to have the Pyramids, Petra (in Jordan), Gallipoli and Istanbul ... a punt on me.” He had a phone interview with Mary-Jane so much beauty and history.” Thomas and another partner Sarah McKenzie and they He and Jane love spending time at their favourite holiday promptly packed their bags for New Zealand. destination Thailand during the southern winters. “I like classic older kiwi music like Che Fu, King Kapisi, Off the rugby tour itinerary Aardijah, Nesian Mystik, Cydel, Adeaze ... all the New With Coventry being just two stops away on a train from Zealand music everyone knows,” he says without sounding Birmingham International Airport, Mike and his wife had remotely serious. ▪

33 PROFILE · PEOPLE ON THE LAW June 2019 · LAWTALK 929

PEOPLE IN THE LAW PROFILE The Innovators Nick Whitehouse, Co-founder and CEO, McCarthyFinch

LawFest organiser Andrew King continues a series of interviews with key legal profes- sionals with their innovation and technology stories. What opportunities has legal innovation brought to you? What does legal innovation mean to you? Our entire business is built upon legal Innovation isn’t about doing things differently because you innovation and the demand for it. can, it’s about the client. There are two approaches to inno- What are some of your tips to vation, the first approach involves iterative innovation to start innovating or developing sustain the existing business model; the second approach an innovative mindset? involves radical innovations that ultimately disrupt the current business model. I’ve seen a lot of sustaining inno- Take a long term view of your clients’ vation in the legal profession, and outside of eDiscovery, I needs. Understand their business, and in haven’t seen a lot of disruptive innovation, which is why particular the pressures being put on them we started McCarthyFinch. to go faster as they respond to more and more change. Talk to them about what What role does technology play in innovation? frustrates them and do the same internally. Innovation starts with a willingness to put the client and More often than not your own people are their problems front and centre, to think competitively banging their heads against brick walls about problems and to take long-term action to solve them. doing things in ways that also frustrate While technology is more often than not the mechanism clients. through which we execute innovation, it’s not all about Why is it important for legal tech. Exploring new business models, working agile, professionals to continue to partnering and so many other non-tech actions are very learn about legal innovation innovative. Successful innovation is very much rooted in and leveraging technology? non-technology based thinking. Toddlers are on iPads, five-year-olds are What pressures are organisations facing learning to code, 42% of China’s commerce in the delivery of legal services? is done online, Google is the largest adver- Time, money, scale! If you look across the industry, every tiser in history – the world is becoming law firm is working harder, the largest in-house teams are overwhelmingly digital. Digital natives are being overwhelmed, courtrooms are at capacity and more creating companies at an unprecedented and more legal consumers are looking elsewhere for advice. rate and it’s estimated that 75% of S&P 500 Where once the industry accepted each year as a new will cease to exist in the next nine years. normal, we’re now seeing growing demand for change. Not understanding this digital wave, how it impacts our clients, and how we serve What developments do you see in how them, is equivalent to expecting to serve legal services are delivered? clients while talking in a different language. The big shift we are seeing internationally is in the legal Luckily there’s an app for that. ▪ ops space. Corporate clients are taking legal efficiency very seriously and are beginning to invest both their time and Andrew King  [email protected] is resources into achieving outcomes for their businesses. This organiser of LawFest, which will be held focus will force the hand of reluctant firms and provide in Auckland on 18 March 2020.  www. opportunities for legal tech players. lawfest.nz/

34 PROGRESSIVE | EXPERIENCED | CONTEMPORARY STUDY TO BE A LEGAL EXECUTIVE Strength and Growth through Merger

Tim Trollope and Maurice Walker are pleased to announce • Developed in conjunction the merger of their practices. The new firm Trollope & Co with the Law Society Lawyers Incorporating Maurice Walker includes Maurice’s • Part-time & full-time options team Julie Hawthorn, Senior Solicitor, Grace Kerrigan, • Auckland Central Campus Solicitor and Carla Benton, Legal Secretary.

INTAKE 5 AUG

0800 222 833 nzma.ac.nz www.tc.legal

A BEQUEST TO THOSE WHO NEED IT MOST

A Bequest to the Society of St Vincent The Society is a Catholic organisation de Paul is a lasting way to help the which recently celebrated 150 years most disadvantaged and needy in of compassion and service to the our community. people of New Zealand. Your Bequest will ensure the Society’s We have a nationwide network of vital work of charity and justice workers and helpers who provide continues to thrive. practical assistance every day to people in desperate situations. Help is offered Be assured it will make a huge to all, regardless of origin, cultural difference where the need is greatest. background or religious belief.

Society of St Vincent de Paul If you would like to discuss a Freepost 992, PO Box 10-815 Bequest with us, please give Wellington 6143 us a call or send us an email. TEL: 04 499 5070 EMAIL: [email protected] WEB: www.svdp.org.nz CRIMINAL JUSTICE · UPDATE June 2019 · LAWTALK 929

UPDATE CRIMINAL JUSTICE Does New Zealand’s use of imprisonment breach the New Zealand Bill of Rights Act?

BY LIESLE THERON

Zealand imprisons over 200 people concern that imprisonment, and In New Zealand a person can be per 100,000; the OECD average is longer prison terms, are likely to sentenced for one or more of the below 150. Between 1998 and 2017 increase recidivism. following purposes under the the number of people in New An assumption that underlies Sentencing Act 2002: accountabil- Zealand prisons almost doubled. much of the rhetoric in this area ity of the offender, responsibility The total cost of operating prisons is that imprisonment prevents for and acknowledgement of harm has correspondingly doubled since offending by prisoners, and this by the offender, to provide for the 2005, and tripled since 1996. protects the public from crime. interests of the victim, reparation, Many studies confirm that there is But 2016/2017 Corrections figures denunciation, deterrence, protec- low correlation between crime rates suggest that over 99% of those tion of the community and rehabil- and imprisonment, over time and imprisoned will be returned to the itation and reintegration. The Court between jurisdictions. So it is not community. Research increasingly of Appeal has said that deterrence plausible that this increase in use suggests that, while imprisonment is a “fundamental requirement” and of imprisonment has caused the may reduce an individual’s crimi- a “primary sentencing objective”. decrease in crime rates in recent nal offending (outside the prison But what is the evidence that decades. walls) as long as that person is in imprisonment, and in particular The costs of New Zealand’s prison, at best it has no effect on imposing long prison terms, furthers imprisonment of such large num- reoffending later and often results deterrence, or any of the Sentencing bers of people are enormous and in a greater rate of recidivism. The Act purposes? In the absence of good troubling. In addition to the direct threat of imprisonment generates evidence, how can we justify this financial cost of over $100,000 per a small general deterrent effect very significant incursion on one of prisoner per year, there are very and increases in the certainty of the most basic human rights, and significant costs to society in terms apprehension and punishment the associated costs? of lost jobs, inability to secure jobs demonstrate a significant deterrent in future, adverse health impacts, effect. But increases in the severity New Zealand has one of harm to families and increased of penalties, such as increasing the the highest imprisonment recidivism. Māori have borne the length of terms of imprisonment, rates in the OECD brunt of the human cost, with do not produce a corresponding A 2016 Ministry of Justice study devastating consequences. increase in deterrence. found that 71% of respondents Imprisonment also has poor reha- thought national crime rates were No evidence that bilitative effects. Those involved in increasing. lengthy sentences the sector have expressed concern Since the 1990s, crime rates in rehabilitate, deter or that prison criminalises people and New Zealand have, in fact, declined increase protection erodes their ability to contribute so that they are now lower than for the community positively to their society. This has in the 1970s. In the same period, In R v Wellington [2018] NZHC 2196, implications for the likelihood that incarceration rates have shot up so Palmer J drew attention to the they will reoffend, as well as their that by 2018, New Zealand impris- absence of evidence that long prison communities’ resilience and pro- oned more people per capita than sentences deter reoffending. The ductivity. To the extent that specific any other OECD country, save the President of the Court of Appeal has rehabilitation programmes can be US, Turkey, Israel and Chile. New spoken publicly about the growing shown to have an effect (and any

36 effect shown has invariably been relationship between lengthy sen- punishment should not be obviously disproportionate to small), these programmes can be tences and retributive justice. But the crime, especially when compared with punishment provided (and are more likely to even retributive justice requires that for other crimes generally considered more serious. The be effective) in contexts other than the punishment is proportionate to prime example of this is the very lengthy sentences prison. the seriousness of the crime. There is imposed for drug offences compared with sentences for Canadian researchers Paul little or no analysis to demonstrate murder and other violent offences. One of the anoma- Gendreau, Claire Goggin and Paula this relationship. And it is not easy lies identified by the Law Commission in 2013 was the Smith warned in a 2002 study that to see why denunciation requires maximum penalty of life imprisonment for dealing in excessive use of prison may be such significant prison sentences a Class A drug (that is otherwise reserved only for a indefensible and indeed “fiscally in New Zealand, but not in other handful of the most serious offences including murder, irresponsible”, given the significant comparable OECD countries. This manslaughter, treason and piracy involving murder). wider social costs of even modest is an outcome at odds with New Serious concerns about consistency of sentencing have increases in recidivism. Zealand’s pride in its kindness, also been raised by Wayne Goodall’s research. His 2014 As it becomes increasingly tolerance and inclusiveness. PhD thesis found very substantial variability between difficult to avoid reckoning with While it is difficult to assess pro- circuits in use of imprisonment for aggravated drink the evidence on the absence of portionality, it is not impossible. driving and burglary. The result was that people were deterrent and rehabilitative effect Some reasonably sophisticated being incarcerated in some circuits when they would from lengthy sentences, a number attempts to do so have been made, not have been had they been sentenced in other circuits. of New Zealand judges have fallen including by the Law Commission These kinds of anomalies in sentencing are a risk to back on consistency as a justifi- in a September 2013 Study Paper, the legitimacy of the criminal justice system. They can cation for imprisoning people for which suggested that there are be expected to have a negative impact on reporting of lengthy periods. How long are we substantial anomalies in current crimes and cooperation with the Police. Significantly going to continue to consistently do maximum penalties. for present purposes, they can erode the deterrent func- something indefensible and fiscally The Law Commission called for tion of the criminal law (especially given that research irresponsible? a wholesale revision of maximum suggests that the prospect of being caught is the most penalties to ensure fairness in sen- significant factor in deterrence). What about denunciation tencing practice. At a minimum There are a number of troubling facts that exacerbate and accountability? the approach should be logical these concerns: the disproportionate imprisonment of There may be a more obvious and rational so that, for example, minority and disadvantaged groups, the effect on the

37 CRIMINAL JUSTICE · UPDATE June 2019 · LAWTALK 929

families of those imprisoned and the disproportionate criminal conviction have a greater deterrence, and rehabilitation and number of people on remand for lengthy periods. risk of subsequent offending. As reintegration, and are very costly noted above, almost all these par- to society. There are also serious Disproportionate impact on victims, and ents will have a pre-existing mental questions about their justification disadvantaged and minority groups illness or substance-abuse disorder on retributive grounds given the The most vulnerable and disadvantaged members of or will develop one in prison. questionable rationality of the society are disproportionately incarcerated. Most of relationship between particular sen- those in prison are victims themselves. The March 2018 Disproportionate tences and particular offending, a report by the Prime Minister’s Chief Science Advisor effect of remand comparison with other OECD juris- records that 77% of those in prison have been victims A large proportion of those in prison dictions and a clear picture of those of violence, and 91% have a lifetime diagnosable mental are being held on remand (the figure disproportionately imprisoned. illness or substance use disorder. climbed steadily to 30% as at 31 In these circumstances it seems Māori are significantly over-represented in the criminal December 2018). When combined likely that many sentences are justice system, making up 51% of the prison population with the high prison figures, this inconsistent with the New Zealand (compared with about 15% of the general population). means a very large number of Bill of Rights Act provision for The position is even more extreme for Māori women: people are held on remand. Average freedom from arbitrary arrest or they make up over 60% of the female prison population. time on remand has increased to detention. Excessive, arbitrary or Pacific peoples comprise about 11% (compared with 66 days in 2017 from under 40 days inconsistent use of imprisonment approximately 7.5% of the general population). Māori and in 2000. Many of these people will cannot be a reasonable limit on Pacific peoples also form a disproportionate percentage ultimately be either acquitted or this right, which is demonstrably of victims: they are more likely to be a victim of crime given non-custodial sentences. justified in a free and democratic than Pākehā New Zealanders. There is reason to expect that society, as required by section 5. These statistics also raise wider questions about the remand is disproportionately costly Irrational and disproportionate experience of indigenous people, minorities, victims to society in terms of its impact on sentencing that is more likely and the poor and powerless of our criminal justice individuals and the functioning of to undermine the objective it is system generally. As a country which prides itself already struggling communities. being relied on to further than it on its fair, tolerant and inclusive approach, we need Poorer people are less likely to meet is to support that objective must to confront these issues. But in the meantime they bail requirements and are therefore fail both the requirement that underscore the need to urgently address how and why more likely to lose jobs, custody of detention not be “arbitrary” and we are imprisoning so many people, at such enormous their children and housing while the section 5 test. New Zealand’s cost to society. held on remand. They are also more high rates of imprisonment and likely to plead guilty to something the disproportionate impact on Impact on families and communities they didn’t do, and face the life-long vulnerable people and Māori Even if New Zealand society’s urge for retribution and consequences of a conviction. require a very careful examination vindication justifies the impact of lengthy incarceration of these questions. on offenders, can it justify the effect on their families Does the law dictate The excessive numbers of people and communities? this outcome? held on remand for lengthy periods The Prime Minister’s Chief Science Advisor’s 2018 There is a real question mark over is even more problematic, given the report records that almost one in five of those in prison the extent to which imprisonment presumption that they are innocent. (19%) has a direct parenting role at the time they are furthers the Sentencing Act pur- It is far from clear that the leg- imprisoned. This means that about 3,800 children cur- poses. This is routinely assumed, islation requires the approach that rently have one active parent in prison. Another 20,000 rather than being carefully exam- has been taken. If it does, then it is have a non-active parent in prison. ined in any given case. Even the a good candidate for a declaration of The effects of imprisonment on families, and particu- reliance on prevention (while a inconsistency with the New Zealand larly children, are still not well understood. In addition to person is in prison) as a justifica- Bill of Rights Act. ▪ the direct impact that many suffer of losing a caregiver, tion does not appear to be based on family income and in many cases, their homes, there evidence that the particular person Liesle Theron is currently on are also dynamic, less visible and direct, consequences is likely to reoffend unless they are sabbatical. She is the convenor which play out over time. Evidence suggests that incarcerated. of the Law Society’s Law Reform incarceration of parents leads to greater behavioural The position is even starker in Committee and a member of the problems for children. Adolescents with incarcerated relation to length of sentence. Women’s Advisory Panel. The arti- parents have a greater risk of mental health problems. There is evidence that lengthy sen- cle reflects her personal views, and Following a first offence, those whose parents have a tences undermine purposes such as not those of any organisation.

38 LAWTALK 929 · June 2019

UPDATE SOCIAL ENTERPRISES Social enterprise report a catalyst for change?

BY LYNDA HAGEN

evidence in a 2017 discussion docu- A recent Law Foundation-backed ment prepared by Ākina that social report could be the catalyst for a enterprises had been hindered or revamp of the law governing social disadvantaged by the Companies enterprises – organisations that Act. trade to deliver a social or environ- Some 25 organisations were mental impact. interviewed for the latest report, The report, Structuring for including social enterprises like Impact: Evolving Legal Structures Trade Aid, Kilmarnock, Eat My for Businesses in New Zealand, finds Lunch, and Māori enterprises Te that current law is preventing social Rūnanga-ā-Iwi O Ngā Phui and enterprises from reaching their full Hikurangi Enterprises. potential. It includes examples of These organisations provided social enterprise businesses that evidence of difficulties they faced struggle to deliver impact, innovate in accessing equity funding and in and access finance. conveying the importance of their There are more than 3,700 social impact and commerciality to tradi- response at the time of publishing, she expected to enterprises in New Zealand, con- tional lenders. engage with the Government soon on next steps, tributing $1 billion to the economy. Hawke’s Bay health and fitness which would involve working in partnership with the Legally, they sit between charities business Patu Aotearoa is one exam- Department of Internal Affairs and several ministers. and private enterprises, using busi- ple of a social enterprise that claims “This is a great opportunity to explore how legislation ness structures to solve social, envi- to be disadvantaged by current law. like the Companies Act could be used to enable the ronmental and economic problems. Its founder, Levi Armstrong, says its Government’s Living Standards Framework to be an Structuring for Impact, released company structure had prevented important part of the economy,” she says. in April, was prepared as part it from accepting charitable grants “We hope to achieve a conversation within govern- of the Social Enterprise Sector that would have allowed it to grow ment about the value and impact of social enterprises. Development Programme, a part- faster. To get around this, Patu Big business globally is starting to recognise this role, nership between the Department had to set up a charitable trust, and customers and employees are demanding it.” of Internal Affairs and the Ākina creating extra administrative and Ākina is working in partnership with 14 ministries, Foundation. compliance cost by being required led by DIA, to establish a social enterprise sector in New The report was commissioned to operate two entities. Zealand over three-and-a-half years. following a request from Economic The Law Foundation contributed $47,100 to enable Development Minister David Parker Excellent feedback qualitative research for the Structuring for Impact for examples of social enterprises Ākina Chief Executive Louise Aitken report. A full copy of the report can be found under that have been held back by the says there has been “fantastic” Legal Research Reports on the Publications tab at www. Companies Act. feedback on the report from the lawfoundation.org.nz. ▪ While Mr Parker agreed that not- business, philanthropic and social for-profit status did not suit social enterprise communities. While Lynda Hagen  [email protected] is enterprises, he did not find sufficient there had been no formal official Executive Director of the New Zealand Law Foundation.

39 ALTERNATE DISPUTE RESOLUTION

ALTERNATE DISPUTE RESOLUTION Family Law Arbitration What's happening out there in the market?

BY ROBERT FISHER QC

list with more in the pipeline. There is No-one doubts that agreement is the best way of a good geographical spread between resolving a dispute. Mediation is the best formal mecha- Dunedin, Christchurch, Wellington, nism for achieving agreement. Public and private resources Hamilton, Rotorua, and Auckland. are rightly allocated to mediation as the first port of call when parties cannot agree. However, not all disputes Family Law Section can be resolved by mediation. Intractable cases require FLS is the key New Zealand organ- a decision-maker. Arbitration provides one. isation for family lawyers. For the In this country significant interest in family law arbitra- most part family lawyers are the tion (FLA) began to mount about five years ago. Much has gatekeepers who decide whether a developed since. The main players have been a number family dispute should go to court or of individual arbitrators, two professional organisations arbitration. Some are still learning – Arbitrators and Mediators Institute of New Zealand what arbitration might have to offer (AMINZ) and the Family Law Section of the New Zealand but understanding grows. There Law Society (FLS) – and three commercial institutions – have been FLA presentations at Family Dispute Resolution Centre (FDRC), Complete Online recent FLS conferences. Also encouraging is the FLS Dispute Resolution (CODR) and FairWay. A round-up of Chair’s membership of two specialist FLA arbitrator those groups indicates the point we have reached so far. lists – one kept by AMINZ and the other by FDRC – and participation in the recent FLA fishbowl. Individual arbitrators Information regarding the frequency of FLA among Family Dispute Resolution Centre individual arbitrators is necessarily anecdotal. However, FDRC is one of three commercial providers of dispute all indications are that there has been a steady increase. resolution services to the public. Much of the increase may be due to AMINZ’s creation and Family law arbitration is included among the dispute publication of a list of suitably qualified FLA arbitrators. resolution methods they offer. Also offered is “family law In virtually all cases the disputes dealt with by arbi- arb-med”. Arb-med is an arbitration in the course of which trators have concerned relationship property. As well as the arbitrator conducts a mediation. FDRC maintains a list increased publicity, growth in this area has been spurred of five specialist arbitrators for these purposes. by an appreciation of the way in which arbitrations can An impressive feature of FDRC’s arbitration service is be expedited. Expediting is commonly achieved through that organisation’s publication of a comprehensive set the use of email and a decision given on the papers. The of rules and fees. The sum at stake determines the steps process can be very quick. The result is legally binding. required and the fees that will be charged. The parties know what they are in for financially when they commit to the AMINZ process. The fees include registration and administration So far AMINZ has led the charge to promote FLA among fees payable to FDRC and a prescribed maximum for its dispute resolvers and lawyers. AMINZ has included FLA arbitrators. It should be emphasised that the arbitrators presentations at most of its recent conferences, broadcast appointed may in fact charge much less than the prescribed a popular FLA webinar, organised a well-attended “fish- maximum. bowl” demonstration of FLA and created a list of suitably FDRC divides its FLA arbitrations into four streams: qualified FLA arbitrators. Applicants for the FLA list are Claims for less than $250,000: These are subject to required to demonstrate knowledge of both family law and an expedited form of arbitration without a hearing. The arbitration. Fourteen names have so far made it on to the award is given within 45 working days of commencing

40 ALTERNATE DISPUTE RESOLUTION

papers. The expert is required to deliver his or her determination within 30 days of either the receipt of written submissions or, where applicable, the hearing. The process seems best suited to disputes at a relatively modest level but could readily morph into a more conventional arbitration where required. Fees are not prescribed in advance. They are settled by negotiation with CODR. It aims to keep them low. FairWay FairWay is one of the largest providers of dispute resolution in New Zealand. It has about 100 staff and another 110 contracted dispute resolvers. A particular strength is its provision of Family Dispute Resolution (FDR) mediations over the guardianship and care of children. Its privately funded dispute resolution services include the mediation of relationship property disputes. Having consulted experts from England and Wales (where the coordinating institu- tion is known as IFLA) and Scotland (where the equivalent is FLAGS), FairWay now offers family law arbitration. The arbitra- tion can address guardianship and care of children disputes as well as relationship the arbitration. Total arbitration fees range the resolution of family law disputes. These property. FairWay has also developed from $5,250 to $32,250 according to the sum expressly include the arbitration of dis- a tikanga Māori approach to family law in dispute. putes over relationship property. As with arbitration. FairWay has representatives Claims of $250,000 to $1 million: These FDRC, CODR maintains a panel of suitably on the AMINZ Family Law Arbitrator panel are subject to a more detailed procedure qualified arbitrators for that purpose. and Arbitrators of International Family Law which includes a hearing and an award CODR’s major selling point is its sophisti- Arbitration panel. within 60 working days of commence- cated facility for resolving disputes online. ment. Total arbitration fees at the top end The website is attractive and user-friendly. Conclusion of that scale cannot exceed $61,000. The platform supports a process that is Family law arbitration in New Zealand is Claims of $1 million to $2.5 million: speedy, inexpensive and informal. CODR at the stage that mediation was about 30 These are subject to more detailed pro- also provides automated separation and years ago. As with mediation, change does cedure which includes a hearing and an relationship property agreements that can not happen overnight. All the signs are award within 90 working days of com- be certified by independent lawyers online. there, however, to suggest that by now it mencement. Total arbitration fees at the The CODR process is essentially a med- has entrenched its role as one of the family top end of the scale cannot exceed $93,500. arb – a mediation which turns into an dispute resolution services available in this Claims of $2.5 million or more: These arbitration in the absence of agreement. country. The arbitrators and institutions are are subject to an even more detailed pro- A potential user outlines his or her dispute. already in place. Their use can be expected cedure leading to a hearing and an award CODR suggests which of its experts will to grow as family lawyers and the public within such period as is agreed by the be best suited to resolving it. The expert become increasingly familiar with the parties. Application of the arbitration fee and the parties communicate digitally. process. ▪ scale to a claim of $100 million would pro- The parties and expert then take part in duce a theoretical maximum of $393,500 an audio-visual meeting to mediate the Robert Fisher QC  www.robertfisher. in arbitration fees. dispute. If mediation fails, the expert sets co.nz is a member of Bankside Chambers, a timetable for the provision of written former High Court Judge and the author Complete Online material from each party. There is no auto- of Fisher on Matrimonial Property. Since Dispute Resolution matic right to discovery. A hearing is held leaving the bench he has been in full-time CODR also offers an array of methods for only if the matter cannot be decided on the practice as an arbitrator and mediator

41 ALTERNATE DISPUTE RESOLUTION June 2019 · LAWTALK 929

ALTERNATE DISPUTE RESOLUTION Cognitive biases: challenging the way we think Part 2 ❝ A man sees what he wants to see, and disregards the rest ❞ BY PAUL — Paul Simon SILLS

criminal justice system. During the investigation process, Cognitive biases play a vital part in our daily it is easy for investigators to hone in on particular data decision-making processes. Due to the complexity of and evidence which supports their theories, rather our brains, there is much contention surrounding how than exploring all possible alternatives. Their belief many cognitive biases there actually are. The number sits in their own intuition is often dangerous in that this between 50 and 150 – all contributing to our everyday confirmation bias allows for mistakes to be made, thus thinking. The five focused on in this and the next article wrongful convictions. are a selection of the main biases which appear most The conviction of Teina Pora can be used as a clear frequently throughout or lives. illustration of confirmation bias at play. The investigation This article will discuss the confirmation and anchor- and subsequent conviction of Mr Pora indicated a deter- ing biases. Evidence of these two biases are found not mination to legitimise pre-existing beliefs regardless only in our everyday lives but within the law and areas of their validity. of dispute resolution. Therefore, it is relevant and par- Critics have argued that the police sought to build a ticularly interesting that we investigate these cognitive case on his words rather than methodically evaluating biases in order to better ourselves both professionally the evidence and investigating other suspects. Police and as members of society. focused on Teina Pora from the beginning, ignoring other viable theories or evidence which disproved their Confirmation bias preconceptions. American psychologist Raymond Nickerson defined con- Despite the flaws in Mr Pora’s confession; being unable firmation bias as “the seeking or interpreting of evidence to identify Susan Burdett’s house, providing an incor- in ways that are partial to existing beliefs, expectations, rect description of her appearance and there being no or a hypothesis in hand”. physical evidence of Mr Pora’s presence in the house, This occurs when we ‘cherry pick’ police still persisted with their theory, determined to information which supports our cement a conviction. preconceived beliefs, rather than The quashing of Teina Pora’s conviction and researching and evaluating infor- Government apology in 2015 reinforces the part that mation from a range of sources and confirmation bias played in the investigation and his viewpoints. The failure to analyse conviction. information in an objective way The often results in serious mis-judge- investigation Why do good people ments and uneducated decisions. and make bad decisions? We are often so set on what we subsequent The presence of confirmation bias in criminal investiga- already believe that we only select conviction tions can be viewed on a wider scale to establish why and store information which sup- of Mr Pora good people often make poor decisions. There are two ports that belief – we are not as open indicated a key reasons why people subconsciously use confirmation to information which challenges us determination bias when making decisions: as we think we are. to legitimise 1. Confirmation bias is often evident because the human pre-existing brain cannot carefully process all the information at Confirmation bias beliefs hand. It is often the most efficient way to interpret in the law regardless of information from one’s own viewpoint. Confirmation Confirmation bias is prevalent in the their validity. bias is instinctive, acting as a reflex in tough situations.

42 LAWTALK 929 · June 2019

Selecting and basing our deci- sions on information we have pre-stored in our brains saves time and energy, Therefore, when we are under a time constraint, confirmation bias shines through. 2. Protection of self-image and self-esteem is another reason why confirmation bias is evident in our decision-making. It is important for our self-esteem that we ensure our preconceived ideas be proven to be correct – to be disproved can mean a blow to our confidence and egos. Therefore, we seek to find information which justifies our preconceptions in order to achieve self-gratification. As a society, we are highly con- cerned with how we appear in the eyes of our peers. It is important to us that we are respected and taken seriously. Therefore, to appear to be making a quick, confident decision our brains have been conditioned number offered in negotiation is could be seen as being a depiction to process/store information. The used as a starting point for further of strength and power. primary cause stems from this need discussion. Problems arise in this to begin with a starting point in our situation when the anchoring point Anchoring bias decision-making. It is easier for us to is not an accurate valuation based Anchoring is the second significant start with a figure or idea and base on the facts of the case. cognitive bias I want to discuss. our decisions on that. Anchoring Studies have shown that the This occurs where a person tends therefore prevents us from exploring initial ‘anchoring’ number set out to rely on one form of data received, and researching a variety of factors in negotiations have a substantial using this to shape their decision to come to a conclusion. In saying impact on the outcome of the making. When we see something this, research has shown that even negotiation. Those who make the in a store which is on special, the when branching out to explore first offer – setting the ‘anchor’ – original price is the ‘anchor’ thus – alternatives, we still come back to end up being more successful over when we see it for 50% off we see our original anchors. their opposition, ‘anchoring’ the ourselves as ‘winning’. Furthermore, anchoring is caused discussions in their favour. This Psychologists have found that by uncertainties. Decision-making occurs even when the ‘anchoring people tend to rely too heavily on one is full of uncertainties and is a number’ is seen by the other party(s) piece of information when making daunting task. As humans, we do as being extreme. decisions rather than adopting a not like making decisions without It is evident that confirmation wider range. We see this in a variety an influence of some sort. bias and anchoring have a substan- of decision-making contexts from It is preferable that our brains tial effect on our decision-making. It judicial sentencing, negotiations always have a starting point – a is vital that we recognise our biases and medical diagnosis – it has been place to work from in our deci- in order to improve and enrich our proven that people rarely make sion-making. Therefore, when thought processes. The next article decisions which are very different making difficult decisions, prior will discuss the bandwagon effect, from their starting (anchoring) point. values, memories and similar deci- over-confidence bias, optimism bias “People make estimates by starting sions become anchoring points to and negativity bias as further key from an initial value that is adjusted ease this uncertainty. cognitive biases which affect our to yield the final answer” said Amos Often these prior occurrences/ daily lives. ▪ Tversky and Daniel Kahneman, information which act as our reinforcing anchoring’s existence as ‘anchor points’ have little relevance Paul Sills  paul.sills@paulsills. being a limitation on our accurate to the situation at hand resulting in co.nz is an Auckland barrister and decision-making processes. poor or unfulfilling decisions. mediator, specialising in commer- Like all cognitive biases, anchor- Anchoring appears in mediation cial and civil litigation. He is an ing comes as a result of the way when the opening ‘anchoring’ AMINZ Mediation Panel member.

43 EMPLOYMENT June 2019 · LAWTALK 929

Finding the perfect role

New Zealand’s lawyers work in a wide range of roles and organisations. Some have found the perfect job and never change employment. Others change roles regularly in a quest for a better workplace, better status and remuneration, lifestyle, more interesting work or the many other factors around job satisfaction. Feedback from the legal recruitment sector indicates that experienced lawyers are in demand, but new lawyers can find it hard to get on the employment ladder. In this issue we take a look at some aspects of employment in the legal profession.

46 Talent Starved: the state of the legal employment market 49 Finding your first job in law 52 The delicate balance: part time/flexible work 58 Enticing young talent to the provinces 61 London calling: NZ lawyers in the UK 63 NZ legal employment map

44 LAWTALK 929 · June 2019 EMPLOYMENT

45 EMPLOYMENT June 2019 · LAWTALK 929

EMPLOYMENT

Talent starved The state of the legal employment market

BY GEOFF ADLAM

in terms of candidates; if anything it has Legal jobs coming out of our ears! That appears to become more of a challenge. be the (slightly overstated for effect) view of some of Kirsty Spears, McLeod Duminy: The New Zealand’s legal recruiters. Lawyers with 3-6 years’ job market remains strong for lawyers, post-qualifying experience (PQE) tend to go overseas or but to be honest I am not sure how that elsewhere, leaving a big gap in that experience level. And if compares to other occupations. With low you’re experienced in corporate and commercial practice, rates of unemployment I would imagine banking and finance, commercial property and some other the same applies to a number of sectors disciplines, you’re likely to be in demand. LawTalk asked where specific experience and qualifica- five specialist legal recruiters for their views on the legal tions are needed. employment market in May 2019. What areas of practice are How would you describe the current job market most sought-after in the lawyer for lawyers compared to other occupations? employment field at present? Niche: The job market continues to be very positive with Jarrod Moyle, Legal Personnel: Corporate a wide range of job opportunities available for lawyers commercial, banking and finance, environ- at all levels. mental and commercial property. Jarrod Moyle, Legal Personnel: There Olivia Murphy, Robert Walters: are plenty of jobs, and very few active Speciality areas are still in high demand, candidates. A client described it as “talent the most critical areas of shortage are starved”. A Seek report showed that in 2018, in front-end construction law, due to seven of the top 10 most difficult to fill jobs significant infrastructure developments were all in legal. nationwide. As the economy is remaining Olivia Murphy, Robert Walters: The relatively solid we have significant demand legal market in New Zealand is buoyant for lawyers with commercial, banking and at the moment with steady demand for finance expertise. candidates, particularly those with 2-6 Elizabeth Butler, Momentum: The most years’ PQE. The beginning of 2019 has seen Speciality sought-after areas of law are commercial demand particularly in private practice, areas are property, property and corporate. however there is a steady demand for still in high Kirsty Spears, McLeod Duminy: intermediate level solicitors across the demand, the Corporate commercial and commercial public sector. There is still a lot of compe- most critical property continue to be in high demand, tition for graduate and entry level roles, areas of but we have also seen pockets of demand but once candidates gain experience they shortage are for litigation over the last 6-12 months. will find demand for their skill set increase. in front-end Specialist areas like employment and With a large amount of 2-6 years’ PQE construction ITC have also been in demand, and we lawyers travelling overseas we still see a law, due to have seen a lot of interest in experienced large gap in this area across New Zealand. significant resource management lawyers. In general, Elizabeth Butler, Momentum: There infrastructure good lawyers with strong experience and a are plenty of opportunities and not many developments good professional pedigree are in demand candidates. Legal has always been tight nationwide. across the board.

46 Niche: The raft of changes to industrial and employment This leaves New Zealand skill short at this level. Kiwis law is resulting in significant demand for employment can offer overseas law firms and clients a wider breadth lawyers nationally, both in-house and in private practice. of experience which is invaluable. This is due to their We are seeing a strong demand for banking and finance exposure to a wide variety of clients, transactions and and corporate and commercial lawyers in Auckland and work experience at an earlier stage of their career. Because to a lesser degree in Wellington and Christchurch. Given of their desirability overseas, New Zealand lawyers have the number of cranes on the Auckland skyline at present, the potential to earn a higher salary, which means it can and the government’s focus on housing and urban devel- be harder to secure talent at that level in New Zealand. opment, it is no surprise that there is a strong demand Elizabeth Butler, Momentum: 3-6 years’ PQE. for property and construction lawyers in Auckland. In Kirsty Spears, McLeod Duminy: I would definitely Wellington there is consistent demand for litigation law- say 4-7ish, typically senior solicitor level at a lot of firms yers. While the size of public sector teams seems to have but, again, there is demand across a broader range and stabilised, there is increased demand within the growing we have been placing people from about 2 years’ PQE regulatory sector. Many small firms located throughout through to partner over the last 12 months. the country are keen to hire but they are finding that the Niche: Intermediate lawyers 3-6 years’ PQE continue new generation of lawyers are not attracted to private to be the most sought-after group for law firms across the client work. country. Unfortunately for the firms trying to hire within this elusive PQE range, it is the group most likely to be on What levels of experience are most their “OE”. Three to six years is a crucial period in a young sought-after at present? lawyer’s career. If they are happy in their current firm they Olivia Murphy, Robert Walters: 2-6 years’ PQE, with will be knuckling down, consolidating their experience any specialist experience. New Zealand lawyers are well and eyeing the pathway to partnership. They will look to respected overseas and the desire to travel is still strong. move if they feel they are being underpaid, underutilised

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survey we supported showed that 94% of firms thought that attracting good staff would be their number one HR issue in the coming year. Coupled with over 70% of firms wanting to grow their fee-earner numbers, this would suggest it will be good for job seekers and a struggle for firms. Niche: We expect the market to remain candidate-short for the foreseeable future. What is the solution to the gap at the 3-6 years PQE level? Employers will need to think more creatively about their hiring and retention strategies. Other solutions might be hiring for transferable skills; sponsoring over- seas lawyers to requalify; adjusting the traditional law firm model to be more ‘seniors’ heavy… Jarrod Moyle, Legal Personnel: I think it will remain the same for the foreseeable future. There does or if they don’t like their boss. Values alignment is also not seem to be any letting up on an important push and pull factor. At 3-6 years’ PQE, the demand side, law firms are con- many lawyers begin considering a move in-house; they tinuing to require experienced staff might even be considering whether they want to remain either for growth or to replace those in the legal profession at all. who are leaving. On the supply side, It is a candidate driven market and they know it. In there is still a steady flow of solic- the last 12 months, there has been a noticeable increase itors with 2 or 3 years’ experience in the number of candidates receiving (and accepting) heading overseas, predominately counter offers. We have also seen offers being accepted to London, on their OE and others and then dropped for a better offer; behaviour that opting for a career outside of law. We would have been a rarity in years gone by. The savvy are seeing a few more mid-size law law firms have been working hard on their retention firms take on graduates which is a strategies which includes improving the firm culture, positive sign so it is not just the large offering more flexible working options and a broader firms training the next generation of range of benefits. In the current market, employers are lawyers. Small firms might also have more likely to counter-offer when a staff member tries to consider “growing their own” to leave because they know it will be incredibly hard since they can no longer rely on to find a replacement. recruiting an already trained solic- Jarrod Moyle, Legal Personnel: 2-6 years’ PQE for We are seeing itor with three years’ experience. solicitors. a few more Olivia Murphy, Robert Walters: mid-size law The increase in infrastructure Do you think the lawyer job market will improve, firms take on projects around New Zealand will worsen or remain the same over the next year? graduates mean that commercial property Elizabeth Butler, Momentum: The legal market has which is a lawyers will continue to be in always proven to be a challenge. I don’t see that chang- positive sign demand. In addition, last year the ing. Most lawyers with that 3-5 years’ PQE are keen so it is not Government announced a rolling to explore overseas opportunities – predominately just the large programme of changes to employ- London – which makes our market one of the toughest firms training ment law. This, along with other to recruit for. the next new legislative changes should Kirsty Spears, McLeod Duminy: It depends which generation of mean the job market for lawyers side of the fence you are sitting on. The recent ALPMA lawyers. will improve over the next year. ▪

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EMPLOYMENT Making the move Finding that first job in law

BY JAMIE DOBSON

Employment pathways in law Finding that first legal job is a non-linear pro- Possibly the most established conventional pathways cess: no two pathways appear to be the same. Each role from a legal education to employment are clerkship within the profession is a destination with a unique programmes. Each year, the larger law firms look to story from the person who ended up filling it. What expand their networks by taking on new graduates and opportunities and facilities are currently available for summer clerks, in some cases offering scholarships. first roles in law? Large firms look for those who are passionate about The Law Society’s 2019 Snapshot of the Profession their field of work. It’s those ‘soft skills’ that are crucial to found there are currently 9,260 domestic students success and at the heart of what makes a great lawyer. As studying towards a Bachelor of Laws. While retention possibly the largest employers of lawyers, they have the data is indicative at best, about 40% of lawyers who are benefit of scale, which means new recruits get exposure admitted don’t promptly enter the profession. to a broad range of legal work, across different teams The University of Auckland’s 2017 law graduate within a firm, and possibly pro-bono work. survey showed an employment rate of 98.5% from a Size also means the chance for diversity. As well survey response rate of 19.7% of law students. AUT’s as gender and ethnicity, firms look for candidates to 2018 report on 2017 law graduates who responded to promote diversity of thought. This assists in creative its post-completion annual thinking, helping the legal profession retain staff and survey showed 96% to be in full reach effective client satisfaction. Many firms also offer or part-time employment. And greater workplace flexibility where staff are able to Victoria University’s survey of choose more freely how, when and where they work. those who graduated in the year A summer clerkship is especially valuable experience to June 2018 shows that 94% of between university semesters and provides a foot in law graduates are in full-time the door to a well-resourced firm. It also addresses the employment. key question of where to work after graduating, and These statistics show that what kind of legal work they want to find themselves gaining employment with a working in. law degree is highly promising, Clerkships are not limited to the large firms. Smaller both within and outside of the firms and barristers’ chambers offer roles which could profession. In 2018, the Ministry offer closer ties with senior members. Barristers made of Education’s statistics site Clerkships are up 11% of practising certificates in 2019, a population educationcounts.govt.nz reported not limited of 1,586 barristers out of roughly 14,300 lawyers. While the unemployment rate for all to the large that appears a small community, working collectively school leavers in 2017 hovered firms. Smaller can present new lawyers with opportunities to engage just above 6%. For those with no firms and in a broader network. qualifications, unemployment barristers’ For a new lawyer, working as a junior in a barristers’ was around 8.4%. chambers chambers can mean a close relationship with colleagues, as High post-graduation offer roles well as the various personalities and styles you are exposed employment rates and the which to. This can go a long way to developing your own style. lower rate of admission shows could offer “I have benefitted from talking to senior barristers and that many graduates are taking closer ties former judges, particularly in terms of understanding up opportunities outside of the with senior how they think,” says Sam Jeffs, a junior barrister at profession. members. Bankside Chambers in Auckland.

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Bankside is one of New Zealand’s largest chambers pathways beyond the summer clerkship can address and has experienced barristers with a variety of back- the concerns of a deficit in practice. “In smaller firms, grounds whom a junior lawyer can bounce ideas off. The junior lawyers are given so much more exposure than arrangements of employment at a chambers are fairly they expect.” ad hoc. Where many junior barristers are committed Addressing the deficit of expectation still needs some to the bar, options exist for postgraduate studies, other work. Smaller firms having a presence at university career areas of practice or firms overseas. days, having a catchy website or more information on For example, in-house lawyers make up almost what they could provide, were ideas brainstormed by new a quarter of practising lawyers, with 78% located in lawyers to show what’s on offer. Auckland and Wellington, and 50% employed by gov- There are initiatives new lawyers can access to close ernment agencies. the gap between the theoretical foundations a legal edu- The Government Legal Network offers summer cation offers, and the practical day-to-day environment. clerk and graduate intern programmes. The graduate The Bridging the Gap mentoring programme and programme offers a rotation through legal teams, which the Workplace Tours initiative are coordinated by the highlights mentoring and network opportunities. Wellington Young Lawyers’ Committee and availa- ble to fourth and fifth year law students at Victoria Great expectations University. Doing precisely what the names suggest, It would be brash to assume that the the programmes provide opportunities for students to first job defines a career. Anyone in get an idea of practising life, which can help inform a the legal profession with more than decision on potential pathways. Where a door might a handful of years’ experience will not be directly open, knowing someone in the legal know how dynamic and sometimes community can be invaluable. unpredictable a legal career can be. “If the mentors themselves aren’t in the mentee’s A more feasible assumption is that preferred area of interest, they will often know someone expectations of employees exist in who is. Those are crucial connections for someone who an initial role, regardless of whether may not have those immediate relationships in the pro- they are set by the employer or the fession,” says Emily Lay, former programme coordinator. employee. Ultimately, this might be down to Connecting to the legal community one’s perception of the profession Whether in the profession or outside of it, building a itself: the grandeur, responsibility, flourishing career with a legal education relies on a and collegiality. Lawyers are, after foundation of support. What institutional support is all, guardians of the public in the available for anyone who is about to enter a career in eyes of justice, which bears both law and will soon be in the legal employment market? privilege and responsibility. From Material solutions are now emerging. these characteristics, the expecta- The University of Auckland’s law faculty runs a tion that experience is necessary is wide variety of initiatives to ensure students are well founded and daunting. connected with professional communities. The faculty Josh Pemberton’s 2016 study, First has a Career Development and Employer Engagement Steps: The experiences and retention of Manager, who looks after programmes which include New Zealand’s junior lawyers, por- “We’re all a series of returning alumni lectures, career showcases, trays the grasp of this expectation of accustomed recruitment skills development and women’s mentoring. experience in practice. A number of to a level of “There is a recognition that at least half of the people the interviews in the study outline achievement are going to go into a traditional legal career and we the need for “significant adjust- during law need to be liaising with the law firms, and the firms will ment” because almost everything school that expect to deal with us rather than a generic university in a practising environment is new. we might support system,” the Dean of the University of Auckland’s “We’re all accustomed to a level of not be able School of Law, Penelope Mathew, says. achievement during law school that to carry into However, every programme involves elements beyond we might not be able to carry into our our first years the conventional legal option. Alumni speaking in the first years of practice, because we’re of practice, series include those who did not complete a clerkship. very new,” one new law clerk says. because we’re Women mentors may not be working as lawyers, but Another new lawyer says very new” have completed an LLB.

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“People come into law school for lots of idealistic interested in technology and entrepreneurship real- reasons, they want to change the world,” Professor world experience in the tech sector. Each student is Mathew says. “Then you work out that there’s a certain paid to provide up to 100 hours of basic legal work for career path you can follow, and the firms are often very a tech company and Simmonds Stewart offers training actively engaged with the law schools, so you go down and support. this route of having a summer clerkship and from there New Zealand’s newest law school, at the Auckland go into one of those firms. You somehow forget about University of Technology (AUT), offers ‘shadow a leader’ how there might have been all these other paths you and clinical legal programmes, the latter making use could take.” of the likes of Shieff Angland to offer popular elective papers such as commercial and civil litigations. Much Paid internships like Bridging the Gap, this offers a snapshot into the There are a diverse number of options for legal careers profession, which is crucial in helping future lawyers outside the legal profession: in government, the vast make informed decisions. international scene of non-governmental organisations; Undoubtedly, the legal profession has acquired some in the human rights area, and all the way through to operations for new lawyers moving into employment. starting a business. Where there may have been some challenges for those Auckland University is also involved with innovative going into the profession who don’t make the revered technology law firm Simmonds Stewart in a techlaw internships or know someone close like a relative ready intern programme. First run in 2018, the programme to take them under their wing, a collegial profession offers law students paid intern positions at companies can draw upon the resources of its network to make in the high-growth tech sector. It gives law students valuable connections. ▪

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EMPLOYMENT

The delicate balance Part time/ flexible work

BY TRACEY CORMACK

There is no one size fits all to work- ing part-time or flexibly, but more and more legal professionals are wanting to take more control of their lives and achieve that elusive work/life balance. While a major reason why people want to work less hours or re-jig their working hours is to look after children, the model also applies to people without children who want to achieve that work/life balance. That, of course, is dependent on factors such as how much money you need to live on, professional goals, and whether it is possible to work from home. According to Statistics New Zealand, in 2018 almost two-thirds of businesses reported having formal arrangements to allow employees to use personal sick leave, unpaid leave or compassionate leave to care for other people who were sick, but only 10% of businesses offered child-care related allowances or facilities. In a 2017 report Valuing our Lawyers, Sarah Taylor states that flexible working is not yet the norm in the legal profession and that the challenges are “generally felt to be insurmountable and outweighed by the benefits”. She adds there is “untapped potential in the legal profession: untapped benefits, untapped talent and untapped market opportunities.” And key findings in a study undertaken by recruitment firm OCG Consulting and Diversitas, an Auckland-based diversity consultancy, were that 68% of people would leave their current role if offered a comparable job with greater flexibility,

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while only 28% of respondents had formal flexible working arrangements. Part 6AA was inserted into the Employment Relations Act 2000 in 2008 to provide employees with a statutory right to make a request for a variation of their working arrangements. Why work part-time or flexibly? Helen Mackay runs Juno Legal, a law firm of in-house lawyers where many employees work flexible hours. She says nearly 25% of all lawyers in New Zealand practise in-house, and that many say they are overloaded. “Work lands on their desk with unre- alistic expectations and they are under demanding time pressures for long hours.” Helen says she has noticed that a lot of senior lawyers are leaving the profession and one reason is the inability to get the flexibility they need. Getaflex is an on-line job platform for professionals launched in 2018 by Amy Prebble. Roles vary, including full-time flexible and part-time work, remote working, flexible working hours, short- term and job-share (which isn’t common in New Zealand but is more widespread in the UK). Amy wants to show that there are benefits to the employee, the employer and the wider community by changing the way people work. She says the benefits for employees include work/life balance, being about to care for children or other depend- ents, manage an illness or disability or to pursue a passion. And for the employer, it is important to be able to attract and retain skilled talent as flexibility is a key issue that a lot of employees are now looking for. Flexible work is offered on the platform by Vodafone, the University of Auckland, ANZ, Aurecon and Transpower. Law firms MinterEllisonRuddWatts and Lawyers on Demand have also signed up to her platform. “It is a key way to increase pro- ductivity, greater employee engagement and loyalty and mental health benefits – other benefits include greater resilience and reducing congestion on the roads,” says Amy. Work/life balance is encouraged by the partners at specialist health sector law firm Claro where a number staff work flexible hours at their Auckland, Wellington and Christchurch branches. Partners Dr Jonathan Coates and Anita Miller explain that it was a deliberate decision to ensure

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that they had a flexible workforce. By chance they all she took up another position doing immigration work. happen to be women. “We have good lawyers that Christine’s current employers are “really supportive perhaps didn’t want to work full-time but wanted to and happy with me working flexibly” she says. Her remain involved and have expertise that we can call on.” advice to anyone wanting to work part-time/flexibly is to be clear with your employers about what you want Approaching your employer at the outset. “Start out as you intend to be. Don’t work From the individuals and law firm directors interviewed, through lunches or breaks if you don’t want to be rushed one key factor to make the ‘out-of-the-ordinary’ working off your feet. Set expectation at a realistic level. And relationship work is communication. if you care for children or other people or have other Whatever the arrangement, if the parties’ expectations commitments, try to find a job which might have less are not clearly set out then the arrangement is in danger stress attached to it so that it’s easier to have a good of failing. work/life balance. Have a partner/spouse in an industry Of the interviewed lawyers only one had a major who is willing to be flexible with work times.” problem when she informed her employers about taking Helen Mackay says from the outset clear goals and maternity leave. expectations must be set. She says it has to be a give and Christine, who did not want to use her actual name, take model and for any employee who wants to suggest approached her partners when she was about to go on flexible working to their employers, be prepared for maternity leave with her first child. She was working an “honest, open and grown up conversation.” For the at a law firm in the South Island in employer she acknowledges that changing leadership 2014 and requested a year off. Her styles and systems is not an easy process and managers employer told her, via a letter, that will need to “let go of something to gain something”. since she was a “key person” they For Helen and Juno Legal it is important to “put back would not guarantee her job when the power” into the hands of the person delivering the she came back. On questioning this work and for them to understand what their ideal time she was told that “it is not possible commitment to work across the week looks like. to be a part-time lawyer”. And later, Helen’s primary driver is “happy lawyers”. “Happy that it would not be worth it as she clients” come a close second, she says. While most law would have to spend money on firms are driven by serving clients first that model can childcare. have a detrimental effect on staff whose needs might Christine explained that the be overlooked in the process. exemption to the Parental Leave Chris Birkinshaw was, until recently, co-general coun- and Employment Protection Act sel at Steel & Tube. After returning from secondment 1987 (s 41(1)(a)) – the job cannot he, and his co-counsel, suggested to their manager that be kept open because a temporary they would both like to work four days a week. Their replacement is not reasonably practi- employer was open to the idea and it proved to be a cable due to the key position occupied successful arrangement. within the employer’s enterprise by “Everybody’s situation is different. Be creative and the employee) was misused. She find a solution that works for you and your employer. said that she was only three years “Flexible “In-house counsel work is different from private prac- in (since admission) and so while working is tice – my suggestion is to try to find creative solutions not a “key person” they had put a not just for and be mindful that you have to encourage and drive lot of time into training her and she working behaviour of others in the business to make your work was becoming a valuable lawyer. parents – it’s arrangements successful. Try and make a point of leading While Christine eventually important by example – give plenty of notice to external counsel received an apology, she says for everyone. when you want something done rather than making the partners asked her how “she There’s also a requests at the last minute and don’t set unreasonable could make it work” and expressed need for more deadlines – set up the right behaviours,” says Chris, concerns about the costs of child- professional who is now working as a senior corporate counsel at care. “They absolutely didn’t think part-time Transpower, also working four days a week. it was possible.” She says her jobs, not just employers told her they were not low-skilled, Making it work – at work and at home trying to get rid of her, but that is low-paid Rachael Heslop, General Manager at Claro, says a good IT how she felt. Having had enough ones" system is necessary to make it work for part-time/flexible

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or remote work. Claro’s IT system allows staff to work anywhere, so if there is a sick child, for example, working from home is fine. She says the employer has to be genuinely flexible when buying into that process and that philosophy – “you can’t think that you want a part- timer and then resent it. You need to respect that decision and buy into it. It can’t be a lip service thing.” Sharing the workload with a partner or spouse tends to help make flexible arrangements work. Christine, who has two small chil- dren, now works 32 hours a week ▴ Helen Mackay ▴ Jenny Turner for a medium-sized law practice in Dunedin. On the two days that she finishes work at 5:30pm, her to sitting on the couch with a laptop that the task has been completed husband finishes at 2:30. or at the kitchen table with a child by someone in the office rather Chris Birkinshaw doesn’t work on at foot. Jenny stresses that this is than using email/phone to advise a Wednesday. His wife also works neither the case and nor should it the changes required and allowing flexibly and has a different day at be. Her child is in daycare when me to complete it. This seems to be home than him. This arrangement she works from home and she has generational to a degree and has means that each of them is able to a dedicated and well set-up office improved as we have moved to a spend more time with their children in her house as well as IT support. paperless office and my colleagues and get involved in voluntary work. Amy Prebble from Getaflex says became more familiar with my one of her goals is to eliminate working arrangements and more The stigma and the stigma attached to part-time staff are working remotely and perception attached to workers and to normalise and main- flexibly.” ‘part-time’ workers. stream flexible work for everyone. Amy Prebble says some employ- One barrier to working part-time is “Flexible working is not just for ers struggle with issues around trust the stigma. This comes from both working parents – it’s important and presenteeism, and prefer to see sides of the table. Employees some- for everyone. There’s also a need the employee in the office. Amy says times feel that they are out of the loop, for more professional part-time it is necessary to create a culture as far as knowing what is happening jobs, not just low-skilled, low-paid which challenges that kind of think- in the office and being able to attend ones,” says Amy. ing, so that employees are trusted events and CPD activities. One per- to work remotely, and are judged ception from employers is that the Visibility – Unconscious on their output, not the hours they employee is less committed or serious bias towards spend in the office. about their work. remote workers Jenny Turner is a senior associate For remote workers there is often Same workload with at Wynn Williams in Christchurch a problem with visibility. Jenny half the money and works four days a week – two Turner says this has occasionally While Chris Birkinshaw has of them remotely from home. Jenny been a problem for her. On her two the same workload as when he has a young son and another child days working remotely she says that worked five days a week, he has on the way and feels very fortunate potentially she will be overlooked adopted tools to manage his work to be able to work remotely with when work is allocated. more efficiently on the days he is the degree of flexibility she has. She “I have had a few instances where working, with the trade-off for a notes that while there is no resent- I have started something on one lower salary being the benefit of ment from her colleagues, there is of my office days and then left it the extra day off. some perception in the profession with the partner for review only to Helen Mackay, however, believes that working from home amounts discover on my return to the office that lawyers should be paid for each

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hour that they work including over their normal hours. work and to decline extra work if At Juno Legal there are no unpaid hours and if work you don’t have capacity.” requires the lawyer to flex up and they can accommo- She also puts her hours on her date this, it is recognised with full payment for those email signature – then people know additional hours. why she can’t respond instantly to Anne-Marie McRae is a Senior Associate at Gresson an email. “I’ve found clients to be Dorman & Co in Timaru. Her husband Andrew is one very understanding when they of the partners at the firm and Anne-Marie works in know my hours.” his team. Since her first child was born in 2010 she has Anita Miller says flexibility works worked part-time, although she now works close to 40 both ways, in the sense that their hours each week, with three days in the office. part-time workers generally have a Part-time workers get paid for all the hours they do, set number of hours that they work but only up to 40 hours. in any given week, but if they are “None of the lawyers at our office get paid overtime busy they will work longer hours for doing more than 40 hours – it’s part of the beast of and get paid for those hours. the job.” She acknowledges there may be some who only work their contracted hours, but Anne-Marie Stress and time says that you have to put the client first. management (working “We are providing a service to the client. What service on days off) would I want if I was a client? I would want my work Chris Birkinshaw acknowledges done promptly – I would not like to wait around for my that legal work can be very stressful relationship property agreement to be drafted, I would and flexible working arrangements want it done. There are also court deadlines to meet and would be a positive way to manage this often requires putting in hours beyond office hours.” this. Chris has the same workload Christine says that managing expectations and her as before and manages it more workload are up to her. “I think it’s important to make effectively – by having a zero-inbox it clear to everyone – whether employers, co-workers policy (he checks them first thing in or even clients – that you are there for the hours you the morning), turning email alerts

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off and using a job board organiser Career advancement – less called Trello. “One less day is doable exciting legal work? with the same workload – with a This can be a drawback for those opting to work part- mindset of being more productive.” time. Anne-Marie McRae recently had a review with On his day off Chris only checks another partner in the firm who asked her whether she his emails a couple of times a day would ultimately want to be a partner. She doesn’t see it and only responds to urgent mat- as possible at the moment due to her part-time status. ters. He has set clear boundaries Jenny Turner says she has had no problems with with people at work and they know career development – she was promoted while on to contact him by phone rather than maternity leave – however, she did choose to change email if something is urgent. the type of work she was doing. While working full-time Anne-Marie McRae, however, Jenny predominantly acted on transactional property admits that she does get stressed law work, which involved multiple fast-moving files. and rarely switches off. She is also On her return to part-time work, she could see that more than happy to come into work confirmations, correspondence with clients and solic- on her day off in order to accommo- itors and settlements would need to be completed on date client needs. This is easier, she her day off. says, being in a small town where Rather than take a team approach to those files and the commute is five minutes and delegate on a piecemeal basis, Jenny has elected to del- parking is free. Anne-Marie says she egate and supervise that work from the outset to ensure and her husband are not the kind those transactions are not affected by her absence from of people that switch off. the office and that her clients have continuity of service. “Andrew and I talk about work – Fortunately, there have been some bigger projects such we talk in the morning at breakfast – as client asset planning, subdivision work, and other we talk about work over dinner and less time critical files that she has been able to work on, we talk about work while we are “the work I do has definitely changed with my working watching television. We are terrible. arrangements.” I check my emails right up to when I While Christine doesn’t feel disadvantaged by work- fall asleep and I will probably check ing part-time she admits that she probably is “slipping them if I wake up in the night – I behind” colleagues who work full-time and carry out know that is really bad.” more networking activities for the firm. She wouldn’t Helen Mackay says she is very mind moving into a different role which would utilise her happy in her role as Director of other skills. She has also completed a design degree and Juno Legal to the point that it is attracted to roles that relate to tech disruption, apps to doesn’t feel like work. She does complement law firms, better user interface technology lots of interesting work across the and marketing/development and modernising law firms. in-house legal sector on both a paid She isn’t driven by joining a partnership but does enjoy and unpaid basis, has a good work/ “We don’t meeting and helping clients. life balance where she balances time have all the Christine says her work is now different to a standard with her children, community work answers – but lawyer’s role because she is focusing on ongoing trust and tennis around her work day. have a clear work. She now manages and administers the firm’s trusts Helen says she sets key priorities bottom line and has client meetings and contact. She isn’t involved in every morning and once these are and areas for as many urgent or deadline-based files, which suits being achieved she decides whether she negotiation. part-time, as there isn’t the time-pressure to prevent is still working productively or It’s not always her from picking up children from care. whether she should head home 100% perfect, For the employees of Claro this is not an issue as for some downtime with the kids but generally their part-time staff are generally flexible – if there is a and then jump back online in the it works well hearing they can usually accommodate that. evening when she is refreshed. and one of “We don’t have all the answers – but have a clear Jenny Turner is prepared to say our founding bottom line and areas for negotiation. It’s not always no to work if she is over-committed; values is to 100% perfect, but generally it works well and one of however, for her own peace of mind enjoy what our founding values is to enjoy what we do. We want she checks her emails on her day off. we do." happy lawyers.”

57 EMPLOYMENT June 2019 · LAWTALK 929

EMPLOYMENT

Carrots need to be bigger Enticing young talent to the provinces

BY CRAIG STEPHEN

propositions. They don’t have clear career pathways, have LawTalk’s regular Focus On series has shone a light no obvious succession opportunities and, perhaps, aren’t on the issues and the successes of legal fraternities in telling the story about the great variety and quality of smaller centres around the country. And one issue that this work available.” particular writer has regularly come across while writing The Gisborne branch President, David Ure, has said it’s those articles is the difficulty in attracting lawyers – espe- difficult to promote all the advantages of working in the cially new and new-ish ones – to the provinces. city to young lawyers. For example, Taupo lawyer Tom Mounsey told me it “It can take a while to convince people that a lifestyle was something they had to adapt to. in Gisborne is something to appreciate. It is easy for “People with little or no family connection with the town me, I have obviously made the decision, but I think can struggle here, and what we’ve found is that we bring the ability to get a wide range of work and live in a in graduates and they do two or three years and then move place where you can go home for lunch is something on, perhaps to an overseas role.” to be applauded.” Similar in the south How the biggest city’s aiding a neighbour It’s a similar situation in the South Island. But not all branches and regions are experiencing the Janet Copeland, a managing partner at same issues. the Invercargill-based Copeland Ashcroft In fact, in that same article on Gisborne, young lawyer Law and the New Zealand Law Society’s Steven Taylor said moving to Gisborne provided him Southland branch President, says gradu- with court opportunities he may otherwise not have got ates have told her that coming to a new elsewhere. town and having to make new friends isn’t And Waikato and Bay of Plenty, for example, appear to an easy proposition for those who have A major be attracting lawyers, particularly from Auckland. recently been admitted. selling point “There are some lawyers who are coming down from “The reality is that when you’re a graduate, these days Auckland to practise in Hamilton to staff the growth in you want to move to cities where all of your is an business,” says Terry Singh, Vice-President of the Waikato- friends are going. In order to attract talent to attractive Bay of Plenty Law Society branch. smaller regions, you almost have to convince looking “One reason for that may be housing affordability as grads that the job will be worth leaving all website/ compared to Auckland. Rent is still high in Hamilton, but of your friends behind for and moving to social media transport woes and rent prices are prohibitive in Auckland, a foreign place where you probably won’t presence. so Hamilton gets the benefit of that. There are probably less in know anyone. This is a tough sale.” An old the way of corporate/public law opportunities on offer though. And while she admits Invercargill isn’t school, hard “Tauranga is growing and has some capability. Outside viewed as a top spot, local firms are not to navigate, of that, I am a little less certain. The smaller the centre the doing enough to attract young talent. poorly more generalised the practice. Opportunities would be “Invercargill is not seen as an attractive designed more limited consistent with regions struggling. proposition. Part of the issue, in my view, website is “Certainly, for graduate lawyers, it’s easier to relocate is that some firms are not presenting instantly a distance to a smaller town if they do not have child themselves as attractive employment off-putting. commitments or own their home.”

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Working to get talent to the provinces Kevin Callinicos, a partner at Willis Legal in Napier, admits succession is an issue but it is something the firm works hard to tackle. “It’s like any business – you’ve got to be working at it all the time, you’ve got to have an eye to the future; succession is a big issue for us and getting good gender balance and diversity within the firm is a priority and we’re actively working on strategies there. It’s like any business, it just doesn’t happen, you have to work at it.” Janet Copeland says feedback from young lawyers in Invercargill suggests that it is up to the firms to think of ways of enticing lawyers to their areas, and grasp- ing these opportunities while latching on to the opportunities new technology offers. “One way that firms in smaller regions can make an impact is to advertise widely and be more present at career days/expos/ grad recruitment days at universities. The majority of the firms at these events are the big four and a few other large firms. Putting the province’s name out there and having someone from the region there ▴ The Ohakune carrot cba Jane Treadwell-Hoye talking about the experience of grads in the area and convincing other grads to join, I think could make a difference. “I also think a major selling point these days is an attractive looking website/social media presence. An old school, hard to nav- Mr Singh concedes that the situation isn’t as rosy for igate, poorly designed website is instantly newly-admitted lawyers. off-putting. Having interesting content, “There has been a slight increase in opportunities for lots of photos to appear personable and graduates from Te Piringa – the University of Waikato professional is beneficial. Law School in Hamilton over the course of the last five “Smaller and regional firms should 100% years, but too many are still struggling to find that first draw attention to the fact that graduates/ employment opportunity in the law.” junior lawyers will be given so much more It is also apparent that some more senior lawyers are exposure than they would expect. Smaller either returning to the town/city they grew up in for family regional firms, I believe, have the capabili- reasons, or want a change in scene. ties to provide a lot of exposure so should That was the case for Bonny Daniell-Smith who works advertise this as a selling point.” at family law specialists Daniell Associates in Taupo. Terry Singh believes the Law Society When she returned to New Zealand, after spells in itself – and the branches in particular – Sydney and London, she was pregnant with her first child should take the initiative in selling the and an opportunity came up in the practice. provinces to graduates. “My partner is a Gizzy boy, and we wanted to live some- “There should be a Society-led push to where small with reasonable house prices, a good lifestyle, ask firms and senior barristers to seriously all the normal things that we are lucky enough to be able consider the benefits of hiring more staff. to tap into. It was a no-brainer really. My partner, who is It would allow better work/life balance for a project manager, has lived here before so he knew what overworked partners and senior lawyers. it was like here.” The lawyers that I have spoken to have

59 EMPLOYMENT June 2019 · LAWTALK 929

said the hiring of a young lawyer has been a great move and that they should have considered it earlier. It would require using branch knowledge, but a visit to the regions with ‘reason to hire’ meetings could yield positive results.” David Ure says that, in the digital age, there’s little to stop companies and individuals from moving outside the cities and one large firm has already made the move to Gisborne. “I think there is a change, one IT company is moving base and their 38 employees to Gisborne. They say they can operate from anywhere and there’s no barriers to where they are based. House prices have gone up recently but are still very competitive compared to Auckland and many other places.” Pushing the boat out If the tried and tested methods of recruitment are clearly not working, some initiatives might be required. Step forward two firms, one in the North Island, the other in the South Island, which both offered the carrot of $25,000 towards a house deposit. Nelson firm C & F Legal offered the incentive in 2016 for a lawyer of about four years’ experience and it had the desired effect, with the firm getting more applicants that it normally would for that kind of role, and also a lot of publicity. C & F director Kathy Carr says, however, that there was still some negative response for the job which had a salary of up to $110,000. “There was a lot of negative social media comment, to the effect of ‘I wouldn’t get out of bed for that sort of money’. This was disappointing, particularly as our benchmarking indicates that our salaries are very comparable, particularly when taking into account the cost of living. “We continue to have considerable difficulty attracting the right experienced talent to Nelson, and we know that not only other lawyers in the region, but many other pro- fessions experience the same issue.” As a response, Ms Carr says their experience is that sometimes overseas lawyers are a better bet than trying to extract New Zealand experienced lawyers. “South Africans, in particular, seem to be very keen to get out of South Africa and are willing to go anywhere in New Zealand. They also have a reputation for working very hard. It is unfortunate that the process for them to requalify here is so cumbersome and lengthy. “It is also a further issue for recruiting to the provinces, because most of them are likely to have to do some courses at university, which is very difficult to accommodate if you’re not in a university town. There may be some work that the Council of Legal Education together with the universities could do here together to make it more feasible for firms like ours to employ overseas qualified and experienced lawyers while they obtained the New Zealand qualifications – such as distance learning options. “So our strategy at the moment is to try and recruit New Zealand graduates who may have some longevity, and looking at overseas applicants.” ▪

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EMPLOYMENT

London Calling NZ lawyers in the UK

BY NICK BUTCHER

Many young New Zealanders travel abroad each year and traditionally the first work stop has been London. For young admitted lawyers it’s considered to be a great place to hone their legal skills. Rosamund More is a senior consultant at recruit- ment agency Robert Walters in London. She grew up in Invercargill and comes from a family of lawyers, including her father Fergus, her sister, a grandfather, some uncles, an aunt and a cousin or two. She studied law at the University of Otago where she completed her LLB and also a marketing degree in 2013. Rosamund does not practise law but instead recruits lawyers in one of the busiest cities in the world. “I saw recruitment as a career that combined all the things I liked about my law and marketing degree and recruiting lawyers meant I could always still feel part of the legal community,” she says. By 2017, along with her partner, she moved to London after five months of travelling and exploring the world. She began working at Robert Walters Legal. Success in the capital Ms More says the British capital provides an abundance of opportunities for New Zealand lawyers in private practice and in-house in both contract and temporary roles. “Corporate – public and private – finance and specialist litigation lawyers have had particular success in the London market. The sheer complexity, volume and abundance of matters worked on in each area provides New Zealand qualified lawyers with an incredibly fulfilling experience. Magic Circle and top US law firms that launched in London in the early 2000s also offer significant salary increases for those lawyers wanting to get on the property ladder sooner rather than later,” she says. She says New Zealand’s legal professionals are also highly valued in the United Kingdom. “Thanks to the common law jurisdiction, most areas of law are easily transferable to the UK market. New Zealand

61 EMPLOYMENT June 2019 · LAWTALK 929

firms in London and then return to New Zealand can find themselves on the part- nership track much sooner because of the specialised and international experience they have gained in London,” Rosamund says. She says London has a very large in-house legal market which gives New Zealanders experience that might be hard to come by at home due to the smaller market. “Financially in many cases, you could double your New Zealand salary too,” she says. Ms More says she knows of New Zealand lawyers who, after completing stints in London, have moved on to the Channel Islands and even the Cayman Islands to work, so a law degree can provide a ticket to travel. She says the transition to the London legal market, from New Zealand, tends to be fairly seamless once you have your visa and a confirmed arrival date. “If you are eligible for an ancestry visa or passport, we would strongly advise getting one over the Tier 5 as this will open you up to more permanent opportunities. “Most law firms and in-house organ- isations don’t necessarily require New Zealand lawyers to complete the Qualified lawyers coming from the country’s top 10 law firms are well Lawyers Transfer Scheme. This is more placed to get positions as these firms are internationally common for lawyers coming from a civil recognised for producing high-calibre lawyers.” law jurisdiction. However, we do find She says New Zealanders are viewed as a great alter- New Zealand lawyers who work in more native for London-based companies who are wanting to litigious areas will need to complete this so hire contractors that can start work immediately. they can make the appropriate representa- “This is because most UK lawyers at this level are in tions at court appearances. Some lawyers permanent roles with three-month notice periods. New also like to be dual qualified so will pursue Zealand lawyers, understandably, can be hesitant of the this on their own volition,” she says. contract market as it’s virtually non-existent in New Zealand. However, we estimate that 35% of the London Face-to-face helps legal market is on a temporary contract. Contract work Ms More says in her experience, New is a great way for New Zealand lawyers to introduce Zealanders have much more success in themselves to the London market.” securing legal roles once they have arrived She says New Zealand lawyers have a great reputation in the country. in the UK for their strong work ethic and diverse skill set. “This is particularly true for the in-house “We often have clients comment on the positive effect market, where hiring managers prefer to New Zealand lawyers have on the culture of their team, meet candidates face-to-face to ascertain that they make a real effort to immerse themselves in the personality and cultural fit. business, whether it be in a permanent or contract role.” “On the private practice front, we have seen candidates primarily from the top tier Taking a chance can lead to firms in New Zealand secure positions before bigger opportunities arriving in London. However, discerning A stint or two overseas can pay career dividends for New candidates find they have more success Zealand lawyers unafraid of throwing themselves into an when they have arrived and have had the initially alien environment. opportunity to meet in person before making “New Zealand lawyers who have worked in the top an informed decision,” she says. ▪

62 LAWTALK 929 · June 2019 EMPLOYMENT

EMPLOYMENT

The New Zealand legal employment map

BY GEOFF ADLAM

Lawyers per head by urban area (1 May 2019)

It’s not surprising that a much higher proportion Est population, People/ of lawyers can be found in our seven major urban areas Area Number 30 June 2018 Lawyers Lawyer than the whole country’s population. They are the head- Major urban 7 2,574,100 11,305 228 quarters of businesses and government agencies, the Large urban 13 672,300 1,206 557 powerhouses for major projects, and also the catchment Medium urban 22 396,550 692 573 of the largest groups of consumers with their legal needs. Small urban 136 466,600 446 1046 While 53% of New Zealanders live in those centres, 79% of practising lawyers are found there – and that means Rural 745,950 37 20,161 that almost four in five lawyer jobs repose in seven Total 4,885,500 13,686 357 centres. An even higher proportion of new lawyers work in these centres – 86% of lawyers working in their first five years of practice and 84% of those with 6-10 years’ experience. years in practice. Just 7.4% of the the profession – now over 60% of In contrast, around 745,000 New Zealanders live in male lawyers in small urban areas new lawyers, but just 7% of lawyers rural areas – where the local population does not go are in the 0 to 5-year practice band. in 1980. above 1,000. This is 16% of our population. However, just But 19.7% of the women lawyers The information in the follow- 0.3% of New Zealand’s lawyers can be found in rural working in small urban areas have ing tables uses Statistics New areas. That works out at one rural lawyer for every 20,161 0 to 5 years' experience. However, Zealand’s 2018 Statistical Standard rural people – but we don’t have the problems places like an increasing proportion of the male for Geographic Areas. This has four Australia have, and most rural dwellers probably don’t lawyers working in small urban classes of urban area – Major urban have too far to go to the nearest town with lawyers. And, areas have spent longer in practice areas with a population of 100,000 of course, online legal services are now more and more alongside a decreasing proportion or more, Large urban areas with accessible. Jobs for lawyers, however, seem to closely of female lawyers. So, of all male a population of 30,000 to 99,999, map to the larger population centres. lawyers who work in small urban Medium urban areas with a popu- When it comes to location of workplace by population areas, 36.4% have been in practice lation of 10,000 to 29,999 and Small size, there are some differences within lawyers. You’re for more than 40 years; but just 1.3% urban areas with a population of likely to find more female lawyers in the biggest urban of female lawyers in small urban 1,000 to 9,999. areas and more male lawyers within the next biggest areas have practised for that time. Note that data for lawyers in their centres – but there is not much of a contrast. The differences between men and first year after admission is shown, There are far bigger differences when it comes to the women can be partly explained by but these lawyers are also included proportion of lawyers in different-sized urban areas by the proportion of women entering in the “0 to 5” column.

New Zealand-based lawyers at 1 May 2019, by years since admission Centre <1 0 to 5 6 to 10 11 to 20 21 to 30 31 to 40 40-plus Total Major urban 583 2,523 1,646 3,054 2,064 1,237 781 11,305 Large urban 56 217 154 308 242 150 135 1,206 Medium urban 29 126 109 180 103 89 85 692 Small urban 14 61 52 127 71 53 82 446 Rural 1 4 3 8 9 7 6 37 Total 683 2,931 1,964 3,677 2,489 1,536 1,089 13,686

63 EMPLOYMENT June 2019 · LAWTALK 929

New Zealand-based lawyers at 1 May 2019, by years since admission

<1 All F M

0 to 5 All F M

6 to 10 All F M

11 to 20 All F M

21 to 30 All F M

31 to 40 All Major urban F M Large urban

40 plus All F Medium urban M Small urban Total All F M Rural

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% All Centre Major Urban Large Urban Medium Urban Small Urban Rural <1 85.4% 8.2% 4.2% 2.0% 0.1% 0 to 5 86.1% 7.4% 4.3% 2.1% 0.1% 6 to 10 83.8% 7.8% 5.5% 2.6% 0.2% 11 to 20 83.1% 8.4% 4.9% 3.5% 0.2% 21 to 30 82.9% 9.7% 4.1% 2.9% 0.4% 31 to 40 80.5% 9.8% 5.8% 3.5% 0.5% 40 plus 71.7% 12.4% 7.8% 7.5% 0.6% Total 82.6% 8.8% 5.1% 3.3% 0.3%

Female Centre Major Urban Large Urban Medium Urban Small Urban Rural <1 85.1% 7.9% 4.6% 2.2% 0.2% 0 to 5 85.1% 7.3% 4.9% 2.4% 0.2% 6 to 10 83.3% 7.6% 6.1% 2.9% 0.1% 11 to 20 81.9% 8.6% 5.1% 4.2% 0.2% 21 to 30 82.1% 10.1% 4.6% 2.9% 0.1% 31 to 40 82.4% 8.7% 5.1% 3.6% 0.2% 40 plus 85.7% 2.6% 6.5% 3.9% 1.3% Total 83.1% 8.3% 5.2% 3.2% 0.2%

Male Centre Major Urban Large Urban Medium Urban Small Urban Rural <1 85.8% 8.8% 3.5% 1.8% 0.0% 0 to 5 87.7% 7.5% 3.2% 1.5% 0.1% 6 to 10 84.6% 8.3% 4.7% 2.2% 0.3% 11 to 20 84.7% 8.1% 4.6% 2.4% 0.2% 21 to 30 83.8% 9.3% 3.6% 2.8% 0.4% 31 to 40 79.6% 10.3% 6.1% 3.4% 0.6% 40 plus 70.7% 13.1% 7.9% 7.8% 0.5% Total 82.1% 9.4% 4.9% 3.3% 0.3%

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Proportion of lawyers practising in each centre, by years since admission

Major All Urban F M

Large All Urban F M

Medium All Urban F M

Small All 0 to 5 Urban F M 5 to 10

Rural All 11 to 20 F M 21 to 30

31 to 40 Total All F M 40 plus

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

All Centre <1 0 to 5 6 to 10 11 to 20 21 to 30 31 to 40 40 plus Total Major Urban 5.2% 22.3% 14.6% 27.0% 18.3% 10.9% 6.9% 100% Large Urban 4.6% 18.0% 12.8% 25.5% 20.1% 12.4% 11.2% 100% Medium Urban 4.2% 18.2% 15.8% 26.0% 14.9% 12.9% 12.3% 100% Small Urban 3.1% 13.7% 11.7% 28.5% 15.9% 11.9% 18.4% 100% Rural 2.7% 10.8% 8.1% 21.6% 24.3% 18.9% 16.2% 100% Total 5.0% 21.4% 14.4% 26.9% 18.2% 11.2% 8.0% 100%

Female Centre <1 0 to 5 6 to 10 11 to 20 21 to 30 31 to 40 40 plus Total Major Urban 6.6% 26.7% 16.9% 30.8% 17.5% 6.9% 1.1% 100% Large Urban 6.1% 23.0% 15.4% 32.3% 21.7% 7.3% 0.3% 100% Medium Urban 5.8% 24.9% 20.0% 31.0% 15.9% 6.8% 1.4% 100% Small Urban 4.4% 19.7% 15.3% 40.2% 15.7% 7.9% 1.3% 100% Rural 6.7% 20.0% 6.7% 33.3% 26.7% 6.7% 6.7% 100% Total 6.5% 26.1% 16.8% 31.2% 17.8% 7.0% 1.1% 100%

Male Centre <1 0 to 5 6 to 10 11 to 20 21 to 30 31 to 40 40 plus Total Major Urban 3.6% 17.6% 12.0% 22.9% 19.0% 15.3% 13.2% 100% Large Urban 3.2% 13.2% 10.3% 19.2% 18.5% 17.3% 21.5% 100% Medium Urban 2.4% 10.7% 11.0% 20.5% 13.8% 19.6% 24.5% 100% Small Urban 1.8% 7.4% 7.8% 16.1% 16.1% 16.1% 36.4% 100% Rural 0.0% 4.5% 9.1% 13.6% 22.7% 27.3% 22.7% 100% Total 3.4% 16.4% 11.7% 22.2% 18.6% 15.7% 15.3% 100%

65 ACCESS TO JUSTICE June 2019 · LAWTALK 929

ACCESS TO JUSTICE Litigation funding and class actions What's happening in New Zealand?

BY NICK BUTCHER

Litigation funding and class actions are piece of legislation. increasingly becoming strong access to Across the Tasman Sea, Australia’s litigation funding sector is much more established with roots in the late justice routes. But are there specific laws 1990s. One of the most experienced companies is LCM regulating these services? Is litigation (Litigation Capital Management) which was founded funding an abuse of power? Do the laws in 1998. LCM typically takes on big cases, so the claim must be at least AU$5 million for a single case to gain that allow litigation funding and class their attention. actions need reform? What does the LCM says the landmark 2006 Fostif High Court case Government think? And could the courts Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd [2006] HCA 41, stating that litigation funding was not an abuse withstand more of this style of justice? of process, has resulted in the industry growing to be Nick Butcher investigates these questions utilised in the context of commercial claims, class actions and many more. and international arbitrations. Class actions involving multiple claimants are often financed through litigation funding, but if a single person Litigation funding – when a is unable to afford representation for a legal issue but third party puts up the money to does so through a third party, technically that too is bring a case before court that usu- considered litigation funding. ally involves multiple claimants – is In May 2018, the Law Commission announced it would turning into a powerful alternative review both class actions and litigation funding. But the for gaining access to justice in New project wasn’t considered a priority, and was put on Zealand. hold. The Law Commission says the current status is that Recent high profile cases which There are they are in the early stages of reactivating the review. were litigation funded and drew certain The New Zealand Law Society strongly supports much attention include the mul- corporate revival of the review and Justice Minister Andrew Little ti-million dollar collapsed Mainzeal and/or says he is keen for this work to resume. construction company claim and the governmental “I know that litigation funding is becoming a more kiwifruit growers’ multi-million interests regular feature of our legal landscape. It’s important dollar negligence claim against the which might because for some people the only way that they can Crown. be against conduct litigation and get access to justice is through Litigation funding in New Zealand legislating third party litigation funding,” he says. is nowhere near the big business it formal is in other comparable jurisdictions. procedural The connection between litigation And perhaps that’s because it’s still a class action funding and class actions somewhat grey area in law. It’s per- rules on the University of Auckland Faculty of Law lecturer Nikki mitted to fund class action litigation basis that it Chamberlain was a commercial litigator when she under rule 4.24 of the High Court legitimises the practised law. Rules (HCR), but litigation funding class action Her 2018 article, “Class Actions in New Zealand: An isn’t itself governed by a specific mechanism Empirical Study” 24(2) NZBLQ 132-165, is the first paper

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of its kind on class actions in New Zealand. She defines a class action as: A legal procedure which enables a number of persons with similar claims (or parts of claims) against the same defendant to be determined in one suit. In a class action, one or more persons (the ‘representative plaintiff(s)’) may sue on his, her or their own behalf and on behalf of a number of other persons (‘the class’) where the class claims a remedy for the same or a similar alleged wrong as the representative plaintiff (‘common issues’). Usually, only the representative plaintiff is a party to the action. The class members are not generally identified as individual parties to the litigation but merely described. The class members are bound by the outcome of the litigation on the common issues, whether favourable or adverse to the class, although they do not for the most part, take any active part in that litigation. Ms Chamberlain’s research found that there had been 36 class actions filed in the High Court up to 1 March 2018. The breakdown Before the 1980s there were just three class actions, then the 1980s brought in four. By the 1990s that figure had doubled to eight and by the first decade of the 2000s, it was 13. Between 2010 and 2018 there have been eight. Just four of these 36 class actions were litigation funded, but Nikki Chamberlain expects that funding figure will grow for a number of reasons. ▴ Nikki Chamberlain, University of Auckland Faculty “First, from a practical perspective, litigation funding of Law lecturer is now allowed due to the reduced use of the torts of champerty and maintenance. Secondly, there is a need for third party litigation funders in relation to certain Australia and New South Wales. types of claims, such as small damages claims, where it is “However, the torts still exist in New Zealand, albeit not economically viable for the plaintiff class to fund lit- in a reduced form. In Saunders v Houghton [2010] 3 NZLR igation against often well-resourced defendants. Thirdly, 331, the Court of Appeal accepted that litigation funding although litigation funding clearly facilitates access to of a class action can occur where there is an arguable justice for the plaintiff class, it is also big business for case for rights that warrant vindication, where there is the funder and their shareholders because the funder no abuse of process, and where the funding arrangement obtains a fee over and above reimbursement costs for is approved by the court. In relation to this last point, funding the litigation,” she says. Justice Glazebrook stated in Waterhouse v Contractors Bonding Ltd [2014] 1 NZLR 91 that a plaintiff should ini- The torts explained tially disclose the identity and location of a funder and its Ms Chamberlain explains that maintenance occurs where amenability to the jurisdiction of the court. Nevertheless, a third party assists a party in a civil proceeding to bring without relevance to a further application and orders, or defend that proceeding without lawful justification the terms of the funding agreement did not need to be and damage is thereby caused to the opposing party in disclosed. However, in PriceWaterhouseCoopers v Walker the proceeding. Champerty is a form of maintenance [2017] NZSC 151, Chief Justice Elias issued a dissenting where the third party who gives the assistance does so on opinion concerned that the majority’s opinion would be the basis that he or she receives a share of the damages seen as cementing the approach in Waterhouse without awarded. As Todd on Torts says: “the law of maintenance full argument. Her Honour reiterated that champerty and and champerty seeks to prevent wanton and officious maintenance are still part of New Zealand law and she interfering with the disputes of others in which the inter- intimated that, without statutory regulation, there is risk vener has no interest and where the assistance is given of oppression and the courts therefore need to closely without justification or excuse” (8th edition, page 1061). scrutinise terms of a funding arrangement to prevent Ms Chamberlain says there are a number of juris- civil claims being treated as negotiable investments. dictions which have completely abolished the torts Interestingly, the LPF Group (a litigation funder), filed of champerty and maintenance, including England an official complaint against the Chief Justice with the and certain states in Australia such as Victoria, South Judicial Complaints Commissioner over what it claimed

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were ‘unfair and unjustified opinions’ which create ‘uncertainty over the validity of legal funding in New Zealand’. LPF subsequently dropped their complaint.” Advantages and disadvantages of not having specific legislation High Court Rule 4.24 has made it possible to allow class actions, which have been financed through litigation funding, and perhaps one of the advantages of not having a specific Act running the class action regime, Nikki Chamberlain says, is that HCR 4.24 allows judicial flexibility. “It enables flexibility because it does not provide specific detailed class action civil procedure rules which judges must comply with in managing class action litigation. As a result, there may be members of the judiciary who favour the judicial flexibility of the current approach as it allows them to be flexible in deciding and tailoring appropriate procedure on a case by case basis. However, in response, the imposition of specific class action procedure based rules will not remove judicial discretion and flexibility in its entirety – it will merely provide clear boundaries and a framework within which judges can exercise their discretion and, in turn, this will provide more certainty for the benefit of all class action stakeholders, including parties,” she says.

▴ Jonathan Woodhams, Executive Director of the Apparent pros but a number of cons LPF Group The problems, Ms Chamberlain says, primarily stem from the fact that the rule derives from the late 17th/early 18th century and was never intended to manage large scale class action litigation. As a result, the judiciary has to rely on its inherent jurisdiction to make procedural decisions through case management and by hearing interlocutory applications at the expense, both in respect of time and money, of the parties. These decisions often involve issues which could be answered by specific civil procedure rules as done in other jurisdiction such as the United States and Australia, she says. She says, for example: specific class action civil procedure rules could be adopted on issues relating to class certification, whether a class action is opt-in or opt-out, requirements relating to the representative class plaintiff, notice requirements to potential class mem- bers, administration of class action trials, class action judicial settlement approval requirements, litigation funding disclosure requirements, damage allocation requirements, cy-près, and whether class actions can be contracted-out of by using arbitration agreements. Ms Chamberlain says the adoption of legislation on these issues means there would be more certainty in how litigation is managed in addition to saving parties on costs and time. “There are likely to be fewer appeals for interlocutory decisions on procedural matters in the long run.”

▴ Zane Kennedy, partner at MinterEllisonRuddWatts Effect on potential defendants While not naming them specifically, Nikki Chamberlain

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says there are certain corporate and/ system and we need to ask what “Legislation can regulate the or governmental interests which additional rules or regulations might boundaries of litigation funding might be against legislating formal be needed to ensure fairness and agreements and litigation manage- procedural class action rules on the protection of litigants,” he says. ment strategy. Legislation can also basis that it legitimises the class Nikki Chamberlain says in clearly indicate who is responsible action mechanism and it will open Waterhouse v Contractors Bonding for ensuring funders adhere to the the floodgates to litigation funders. Ltd Justice Glazebrook commented regulations and who is enforcing the Referring to the evidence in that it is not the role of the courts to regulations,” she says. her study [“Class Actions in New act as general regulators of funding As Justice Minister Andrew Little Zealand: An Empirical Study”], agreements – nor is it the role of says, traditionally there have not she says class actions financed by the courts to assess the merits or been many class actions in New litigation funding are already occur- fairness of bargains between third Zealand, but it’s an area of justice ring and, in fact, are increasing in party funders and plaintiffs. that is growing. New Zealand, so it makes sense to Justice Glazebrook said the “Since the ACC and personal introduce proper regulations. courts’ role is to merely adjudicate injury came into place, there hasn’t “The lack of procedural rules on any application brought before been a lot of class action lawsuits. means that, for the most part, litiga- them in a proceeding (which may You do get it in the commercial tion funders operate unregulated in in certain situations involve issues arena with company collapses and New Zealand. The lack of regulation around the funding agreement). Ms multiple creditors being left out of for third party funders means that Chamberlain considers that litiga- pocket. They’ve suffered losses as a there could be conflicts of interest tion funding regulation is needed so result of allegedly unlawful actions. between the funders, class plaintiffs that third party funders can provide We need to be sure that these cases and class solicitors in relation to access to justice where not other- are being filed in the right spirit the control, management and set- wise available while also providing with the right objectives. Of course tlement of the litigation. There are clear boundaries funders must oper- litigation funders are looking for a also issues as to whether all class ate within for the benefit of, and return. They wouldn’t be providing plaintiffs will be required to pay the so they cannot take advantage of, what is effectively a loan without third party funders if some refuse potential vulnerable plaintiffs. that. But we must make sure that to sign up to the litigation funding litigation decisions are not driven agreement which leads to whether Could the courts manage purely on a commercial basis and New Zealand, like Australia, should more litigation funded that it is about achieving justice for adopt rules around common fund class action cases? people,” he says. orders.” Class actions can take several years While he won’t speculate on She says there is also concern that to settle and litigation funders back whether a law change could be part of some funders will back unmeritori- cases to win, so there is also the the future once the Law Commission ous claims, although they investi- obvious question of whether the reports back to him, Mr Little does gate into prospects of success when court system could manage a greater think better regulations are needed deciding whether to underwrite number of litigation funded class around litigation and class actions for litigation. She also says the courts actions if legislation led to even the sake of transparency. have been reluctant to get involved more claims being heard. “I suspect there will be a need for in monitoring the terms of litigation Nikki Chamberlain believes New changes. That’s why I’m keen to see funding agreements. Zealand courts are well-equipped. a thorough examination done by the “I have confidence in our judi- Commission,” he says. Rules allowing funding ciary. They deal with complex must be correct litigation every day and specific Australia and litigation Justice Minister Andrew Little says legislation will assist the court in funding status it’s vital that the rules allowing lit- providing certainty and streamlin- In Australia LCM was one of the igation funding are correct, which ing processes in the management first companies to provide litigation is why he is keen for the Law Com- of complex class action litigation,” financing services. mission to resume its work on class she says. Susanna Taylor is a senior invest- actions and litigation funding. And while investors in litigation ment manager and former litigation “We don’t want it becoming a funding organisations do demand lawyer based in their Sydney office. commercial proposition for litiga- a return on their financial com- “Litigation funding started off as tion funders. It needs to be pursuing mitment, Ms Chamberlain says an initiative to fund liquidators in justice for those to whom harm legislation could have the ability bringing claims on behalf of insol- has been done. So we need a close to regulate the parameters within vent companies. There wasn’t any examination of how it is operating which litigation funders operate in focus on class actions initially,” she in New Zealand within our legal funding class action litigation. says.

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Things progressed further once accreditation scheme for solicitors that was part of the broader the 2006 Fostif case came into force, acting in class action proceedings. Mainzeal group, which had and class actions became regulated LCM says it has regularly been obtained the benefit of significant under Part IVA of the Federal Court approached to fund cases in New advances from Mainzeal over a of Australia Act 1976 and Division Zealand and is funding at least one number of years. 9.3 of the Federal Court Rules 2011. case at present. Susanna Taylor says The directors appealed this “This meant litigation funders the London Stock Exchange-listed decision and that has resulted in felt more comfortable and confi- company only funds about 5% of the Mainzeal cross appealing with the dent in investing money in cases. cases it gets applications for. LPF Group’s support and asking Before then, there was always the In March this year LCM the court to double the amount the risk of an agreement being judged announced that it would commit directors of the failed construction unenforceable, or that somehow the AU$100 million of capital into company should pay, to $73 million. involvement of a litigation funder in Australasian litigation finance pro- A Court of Appeal date has not litigation was an abuse of process,” jects during 2019, and that includes yet been set. Ms Taylor says. New Zealand. She says that when she made All decisions to fund a case are New Zealand’s largest the move from private practice to commercial decisions based on litigation funder litigation funding in 2014, there was a rigorous due-diligence process The LPF Group Ltd is the largest still just a handful of Australian and LCM finances both single cases New Zealand-based litigation funder funders, but since about 2015 UK and portfolios across class actions, and is financing the fight against funders have become involved in claims arising out of insolvency, Mainzeal’s insurers. There are at litigation funding in Australia. international arbitration and least six other litigation funding Nowadays, there are about 30 straight commercial claims – which companies in the country. funders operating there, so the are generally disputes between two The LPF Group has investors and market is competitive. companies. while they’re obviously looking for And in January this year the a return on their capital, Executive Australian Law Commission’s Back to the Mainzeal case Director Jonathan Woodhams points completed inquiry into class One of the most recent instances out that they are in this business to actions and litigation funders was of a litigation funder backing a fund meritorious cases only. tabled in Parliament. The inquiry high profile claim is the Mainzeal Mr Woodhams says cases are made a series of recommendations construction company case. The chosen carefully and ethically, and including: company collapsed in 2013 leaving Mainzeal fits this criteria and their • Provide mechanisms in statute unsecured creditors $110 million objectives. and legal frameworks for the dollars out of pocket. “It’s not about just achieving Federal Court to deal effectively Towards the end of February financial success. We are part of with competing class actions; this year, in Mainzeal Property and the New Zealand community. Our • Provide mechanisms by which Construction Ltd (in liquidation) v Yan board and our investors expect the Federal Court can appoint [2019] NZHC 255, the High Court us to take on what they consider an independent costs referee to upheld claims of reckless trading, good cases. It cannot be about just establish the reasonableness of in breach of s 135 of the Companies making money,” he says. legal costs in class action mat- Act 1993, made against the former Mr Woodhams has a background ters, and by which the Court can directors of Mainzeal Property and in both the corporate and legal sec- tender for settlement administra- Construction Ltd. tors, and has practised commercial, tion services; It ordered the directors of the banking and insolvency law. • Increase transparency and failed construction company to As he explains, litigation funding open justice for class action pay $36 million to creditors. This provides access to justice for people settlements; included $6 million to be paid by in complex situations. But he notes • Decrease the risk of litigation former Prime Minister Dame Jenny that there are no specific regulations funders failing to meet their Shipley, and two other directors, or laws it falls under. obligations or exercising improper Clive Tilby and Peter Gomm. The “New Zealand is significantly influence through a statutory court ordered Richard Yan, a sig- behind other Commonwealth presumption in favour of secu- nificant personal shareholder of jurisdictions such as Australia and rities for cost, and greater Court the Richina Pacific Group, to pay the the United Kingdom in helping oversight of funding agreements remaining $18 million, in addition to plaintiffs get to court with third which must indemnify the lead being jointly and severally liable for party funding. The law here is not plaintiff against an adverse costs the judgment sums entered against as developed which is why there order; the other directors. are not many players in the area of • Introduce a voluntary Richina Pacific is an organisation litigation funding,” he says.

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plaintiffs and legal team to assess the merits of the claim, the quality of the action proposed and often they’ll seek independent counsel to review their decision and provide a recommendation as to whether they should proceed. Mr Woodhams says turning down cases is never an easy decision to make, but it does happen. “I’ve heard many stories from plaintiffs about cases we’d like to fund but it simply isn’t an economic proposition to do so. The last thing we want as a business is where the lawyers and the funder make money and the plaintiffs get nothing. It’s just not what we as a company and our investors believe in,” he says. About 60% of all proceeds deliv- ered after legal fees from cases funded by LPF have gone back to plaintiffs. “A good example would be the Mainzeal case where there was no prospect of the claim being run without the support of litigation funding. They couldn’t have afforded Third party litigation funding has want to see litigation funding it,” he says. generally been developed in con- imitating the style of the United Some media reports estimated junction with the courts and their States where people sometimes the cost of litigation funding to be views. He says the leading reference bring action and hope for large set- about $2 million. But Mr Woodhams case is Waterhouse vs Godfrey [2013] tlements of generally unmeritorious says it was much higher and if that NZSC 89. claims. had been the price, the liquidators That case related to proceedings He says the LPF Group takes a probably could’ve afforded to fund against Contractors Bonding Ltd cautious approach and has funded the claim themselves. over a failed insurance business in 20 cases since 2010, of which 15 have While the LPF Group receives a Georgia, USA. The proceedings were been completed with five cases percentage of the outcome of each funded by a third party unrelated ongoing. successful case, its funding is pro- litigation funder. “We run a very careful ruler over vided on a ‘no win, no fee’ premise. “It recognises the two tensions the cases we see and we would LPF funded the kiwifruit growers’ between plaintiffs with meritori- probably see between 10 and 20 successful multi-million dollar claim ous cases and being able to access cases for each single case we start against the Crown that negligence funding, and defendants having due diligence on. We don’t take on on behalf of the then Ministry of the right to know who is bringing unmeritorious cases or those that Agriculture and Forestry caused the the action against them. The courts we think the plaintiff won’t get any- associated losses from the outbreak in New Zealand have developed a thing out of. We would support any of PSA in 2010. frame work for disclosure as to what regulation that would allow more In 2018, the High Court found that it will or won’t get involved in,” he plaintiffs access to funding and MAF owed and breached a duty says. to provide them with meaningful of care to kiwifruit orchardists in access to the court system,” he says. negligently allowing destructive PSA Offshore funders bacteria into New Zealand, thereby largely absent How LPF makes causing significant damage to North Because of an absence of specific funding decisions Island kiwifruit orchards (Strathboss laws for litigation funding, offshore It’s a complex process. Kiwifruit Ltd v Attorney-General funders, he says, have largely been An investment committee looks [2018] NZHC 1559). absent in New Zealand. at all proposals. If it meets their “The Crown have said publically Mr Woodhams says he wouldn’t criteria, they’ll meet with the that they spent over $6 million in

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their defence [on that case]. We didn’t spend that much but cer- tainly it was more than a million dollars. That was 13 weeks in court with about 60 witnesses called,” Mr Woodhams says. Some of those witnesses were from overseas. including from Australia and Italy, along with university professors. “This isn’t cheap to do and with- out third party funding, this claim could not have gone before the court,” Mr Woodhams says. Being prepared to lose Winning in court is not, and has never been, guaranteed, and litigation funders have to be prepared for a loss, even if they’re confident the decision will go their way. The outcome of the Mainzeal claim was never considered a certainty and is under appeal. “We’re always prepared to lose. Our investors are told that there is no certainty in litigation. It’s not something you want but we fund on a no recourse basis. We recognise that ▴ Sydenham, Christchurch 2011 bca Knjulian if we lose a case, we will have to pay the other side’s costs as well,” he says. Mr Woodhams says this should also apply to the insurers of defendants. plaintiff ’s funder, as the insurer is less exposed. Who represents “Mainzeal directors may not have “Courts are quite happy to say that a plaintiff needs to LPF in court? been running their own defence. pay security for costs for bringing the claim but defend- Mr Woodhams says the average Under the terms of their contract, ants don’t have to pay security for costs for running duration of cases the LPF group the insurers were entitled to take meritless defences.” funds is somewhere between two control and run it.” and three years. Mainzeal creditor recovery prospects Zane Kennedy is a partner at Who pays? As mentioned, the case is under appeal and being prepared MinterEllisonRuddWatts. He spe- “We think that if a plaintiff gets it for such a development after the decision by the High Court cialises in dispute resolution and wrong, they should have to pay was a contingency that was planned for by the legal team. litigation. He’s an experienced costs to the defendants and equally Let’s also remember that Mainzeal collapsed six years advocate and trial lawyer. if the plaintiff ’s funder gets it wrong, ago, owing creditors three times the amount the court “The Mainzeal case was the first they’re responsible for those costs. ordered to be paid out to creditors by Mainzeal directors. time that I’d acted on a large scale That should actually apply for So the case goes on with no immediate end in sight. litigation where the client was insurers of parties and defendants Therefore, when it comes to their clients receiving funded by a litigation funder,” he equally,” Mr Woodhams says. a slice of the $36 million the court ordered to be paid says. Using a hypothetical example, to creditors by the former directors of the collapsed But while the litigation funder he says if an insurer had a policy company, the timeframe is out of the control of the LPF might be paying the bills, it isn’t a limit of, for example $10 million, and Group. And, if a Court of Appeal hearing is successful rear view mirror hanging over the the claim ends up being $12 million for Mainzeal, that figure could end up being twice as shoulder of the legal team. and then costs on top are $2 million, much, or perhaps there may be a settlement reached. Mr Kennedy says the litigation the plaintiffs would probably be out And as mentioned earlier, under cross-appeal that funder doesn’t interfere with how the of luck when trying to recover the claim has risen to $73 million. legal team runs the case although it is extra $4 million. “All we can do is select the best possible legal team. closely involved in the process from Mr Woodhams believes there is We would say that the best outcome for plaintiffs is the outset. an inequality of treatment when something that happens quickly but that isn’t always “Litigation funders are not enti- it comes to an insurer versus the the case,” Jonathan Woodhams says. tled to call the shots even though

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they’re paying the bills. The plaintiff Maurice litigation,” he says. is the party bringing the litigation Blackburn, This style of litigation has already established a foot- and remains in charge of it. The Australia’s print in some overseas jurisdictions. plaintiff is still giving the instruc- leading class “Certainly overseas, we’re seeing large portfolios of tions and making the call on steps action law litigation emanating from sizable organisations such as that need to be taken.” firm, has BT [British Telecom]. They would be one of the largest But it’s not completely free rein of recently I’m aware of,” he says. the courtroom as the litigation funder announced That was in 2016, when British Telecom financed a still needs to be consulted about steps that it will US$45 million portfolio of its cases. BT had the ability that are being taken, he says. fund a to fund these cases itself but instead chose to put the And the directors of the LPF major claim money into a litigation funder for similar reasons to Group come from a range of back- concerning those explained by Mr Woodhams. grounds including commercial law home owners Australian company LCM specialises in this style of and finance, so their experience and affected risk transfer. opinions are also valuable. by the Susanna Taylor, the Sydney-based senior investment As has been reported, litigation Canterbury manager, says their company is involved in this work funding companies owe financial earthquakes which is called ‘corporate portfolio financing’. returns to their investors. Might LCM funded its first corporate portfolio transaction in that suggest that commercial October 2018, making it one of few funders globally to considerations are a priority when have done so since 2016, and its team possesses some approaching a case? of the most experienced practitioners in the industry at “The directors of the LPF Group originating and executing such transactions. are very experienced in consulting “What we do is offer a large corporate company that on large scale litigation and are has a number of disputes a portfolio financing facility. focused on the commercial aspects We fund some or all of their litigation, so in some of of running cases and negotiating those cases they’ll be the claimant and in others they’ll settlements. That does bring a slightly different per- be the defendant. spective to the issues that arise. As lawyers, we like to “In corporate portfolio transactions, the risk is spread think that our advice is driven by both commercial and across multiple cases so we are able to provide a more legal considerations but lawyers, first and foremost, are attractive pricing structure to our clients than they focused on the legal issues. If you don’t have a strong might receive by having cases funded on an individual legal case, it’s not going to get very far commercially,” basis. For the company, it keeps litigation costs off their Mr Kennedy says. balance sheet, shifts the financial risk to a third-party The Mainzeal case initially ran for over two months and releases the financial upside in claims where returns and there’s likely to be more court time to come. are generated at zero cost,” she says. “It was a big case involving thousands of documents. There was a huge amount of preparation involved for $300 million Canterbury class action counsel. It was the longest running directors’ duty case Maurice Blackburn, Australia’s leading class action in New Zealand and there were a number of separate law firm, has recently announced that it will fund a legal teams that were involved in the hearing for the major claim concerning home owners affected by the parties. The insurers had their own separate legal team Canterbury earthquakes. that didn’t actually appear but from time to time were Christchurch firm GCA Lawyers will represent the big present at the back of the courtroom,” he says. claim against Southern Response – the Government- owned company responsible for settling claims by AMI Companies that could fund policyholders for Canterbury earthquake damage. their own litigation costs GCA Principal Grant Cameron, who is the lawyer for Jonathan Woodhams says increasingly the LPF Group is the class, has confirmed that a contract had been signed. receiving applications from companies that could afford “Claims Funding Australia is a major litigation funder their own litigation costs. and so we can now see this through to completion, no “We’ve had a number of applications from reason- matter how long it might take,” he says. ably-sized commercial organisations that recognise Mr Cameron says they’re thrilled about this that litigation is simply another asset on their balance relationship. sheet and that having it funded allows them to employ “This means that all those Southern Response poli- capital efficiently across their business. Cost of a case cyholders who settled before 1 October 2014 can now is a big consideration and strategically they might seek proper redress if they now come forward. On the be better to fund a case with someone else’s money. information to hand it seems there may be about 3,000 They also recognise that they might get a better out- affected policyholders and there could be about $300 come too. They don’t want to tie their money up in million in issue”. ▪

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ACCESS TO JUSTICE Legal information for the people

BY DAVID TURNER

Survey of Unmet Legal Needs and Imagine a new symbol of justice Access to Services estimated about for our future legal system. How one third of people in New Zealand shall we make over Lady Justice? with serious problems had unmet First, imagine not a presiding figure legal needs, and this cavity was but someone using the system – a probably nothing new then. claimant. A single mum perhaps. As the same 2006 study pointed In one hand, not a sword but a out, a significant proportion of reusable shopping bag full of files. people with unmet legal needs In the other, retain the scales – it’s experience stress, ill-health, loss of all about balance after all: job, kids, confidence and income. An invisible debt, divorce settlement, etc. In the ailment, unresolved legal issues are same hand, a smartphone, browser like a concussion for those affected, open on a government website. And and for society. jammed between her crooked elbow What are the realistic ways to systems overseas require applicants and side, a stack of forms. Oh, and close the gap? Access to more law- to file their claims themselves, and keep the blindfold. yers is an unlikely solution in the negotiate with the opposing party, Whether or not this would be current market. Private representa- before allowing them access to a fair symbol for the future, New tion is expensive and civil legal aid adjudication. Just as consumers Zealand’s civil justice system is is severely restricted and unlikely have become their own bankers heading to a place where self-help, to increase significantly. Lawyers and traders, they are becoming their with assistance from community on the civil legal aid scheme are an own dispute resolvers, and will need services, will be the most important endangered species. The number the information and tools to do this. bridge across the justice gap. And of registered civil legal aid lawyers So, the justice gap will likely need public legal information – the infor- dropped 54% between 2011 and to be self-closed, by people with mation on our new Lady Justice’s 2016, leaving just 150 registered complex legal needs, assisted by the smartphone and forms – will be as providers in Auckland and 20 in community organisations who are important to justice as the vastly Otago, according to our 2018 pilot already stretched and working hard. more sophisticated legal databases study about the availability of free The Citizens Advice Bureau (CAB), used by lawyers. and low-cost legal services. Efforts for example, saw its website visits Preparing for this new legal such as those to establish pro bono rise from 388,050 in 2012 to 1,910,116 information age is of national triage systems will help, but will not in 2018 (June year ends). importance. We at the University of be enough. Otago Legal Issues Centre (UOLIC) Similarly, a more efficient justice A national effort are exploring ways to better collab- system will only partially help, and Coordination of legal information orate and coordinate ways to raise moreover will come with a greater initiatives across New Zealand will New Zealand’s legal information need for legal information. New be an important first step in prepar- game. Zealand’s justice institutions are ing for the future. New Zealanders working under tight budgets and already have access to volumes of Self-closing the increasingly looking to self-help legal information, among which are justice gap and online systems, as are gov- excellent sources of information, As in many jurisdictions, New ernments internationally. These such as the CAB, which recently Zealand’s justice gap is both serious systems will encourage or require launched an impressive new web- and nothing new. In 2006, a National self-help. Online dispute resolution site, and Community Law, with its

74 comprehensive law manual. Some government websites What should we aim for? are clear and user-focused. New online tools are spring- Other jurisdictions, when developing their high-level ing up as people experiment, with an entrepreneurial access to justice strategies, have prioritised improving spirit. access to legal information through co-ordination and But there are risks to manage and opportunities for collaboration. improvement. People thinking and researching on the Many of these collaborations have resulted in central provision of legal information point out two essential hubs or portals, the aims of which are to give people one qualities. First, can people find the information easily starting place to find information, advice, and tools, in and on time? Second, will the information help a person as user-friendly a way as possible. The portals all share actually solve their dispute (bearing in mind they may a common history of building on existing initiatives be “legally concussed”)? and collaborative networks. Ironically, there is a risk that finding the right infor- Perhaps the most ambitious of these initiatives is the mation could get harder. The enthusiasm for legal tech Legal Navigator portal, an international development, and online solutions may see more private, unregulated powered by Microsoft artificial intelligence. Alaska providers (that is, providers outside of New Zealand’s and Hawaii are piloting the portal, which is a national legal profession) entering the space with experimental initiative led by America’s largest legal aid funder, the and unverified information and tools. This is great from Legal Services Corporation. Hawaii and Alaska were the point of view of innovation, but can increase the chosen as pilot grounds because their justice systems search frustration and stress for people looking for face geographical, social, and cultural challenges, and in information. tackling these had already developed community-based Opportunities include the availability of increasing legal networks and legal tech solutions. These initiatives research on legal design, which is about flipping legal were ripe to be brought together through an innovative services so they focus on the needs of the user – such portal service. as our new version of Lady Justice. Lessons from fields Legal Navigator’s big innovation is to help people such as psychology tell us how being under stress and engage with legal services in everyday language. People time poor affects our ability to process information, will type their problems in their own words, and the our capacity for decision making, and our ability to system will then help them know if it is a legal problem manage a problem through to a resolution. These are and, if so, point them to the most appropriate assistance the challenges we should have in mind when designing – whether legal aid, the courts, lawyers, or community our legal information and tools. stakeholders. Microsoft, which reportedly dedicated

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US$2 million to the project, developed the navigator’s machine learning technology, which uses the latest natural language processing. The more it is used, the better it will get at understanding colloquialisms and slang, identifying the legal issue involved, and finding the most appropriate resources. Not quite as high-tech, but still impressive, is Ontario’s Steps to Justice website. As the name suggests, this is an action focused, step by step, legal information site, with smart search capability and “guided pathways” which bring users down certain pathways of actions via automated questions. Steps to Justice grew out of Community Legal Education Ontario (CLEO), an inde- pendent, community-based, public legal education and information organisation. The initiative was developed through extensive collaboration with Ontario’s commu- nity providers. CLEO also developed an online hub that provides legal resources for community organisations and frontline workers. Closer to home, coordinated efforts have progressed in Australia. Visitors to the New South Wales LawAccess website will also find “guided pathways” as well as more traditional navigation menus. LawAccess refers to avenues of legal help, and has a telephone line to legal help. It’s a NSW government initiative in conjunction with Legal Aid NSW, Law Society of NSW, NSW Bar Association, and Community Legal Centres. In 2016, an Access to Justice review identified the need for a similar portal in the state of Victoria, which would build on existing coordination and shared databases. A platform known as CLEAR (Community Legal Education and Reform), enabled providers to upload and share information, and check for existing information when considering a new legal information project. Guidelines creators, through which to provide coordination, were developed to assist people who produce or main- feedback, and, importantly, user-testing data about the tain online community legal information. accessibility and clarity of the information produced. Justice Connect, an Australian community legal Fortunately, the UOLIC is able to collaborate with a network, connects people with legal help, via an online group who straddle the worlds of the novice lay person referral tool that links to legal assistance schemes in each and the indoctrinated lawyer – law students. Our new state. The same website also provides legal information, A2J (Access to Justice) Connect student group is helping particularly self-help resources for people dealing with us review New Zealand’s legal information from a user legal processes and tribunals, without legal help. perspective. They know just enough about the justice system to assess the quality of information while still The University of Otago Legal being in the shoes of someone encountering the law Issues Centre Initiatives for the first time. Sometimes, a little knowledge can be The UOLIC is exploring ways to prepare New Zealand’s helpful instead of dangerous! legal information eco-system for the future. Through Our A2J Connect students are passionate about the our own research and examining approaches interna- future of New Zealand’s civil justice and we hope they tionally, we have identified several ways to make legal will go on to make an impact in this area when they information more accessible and useful. graduate. We are also looking forward to engaging with One is to explore how best to quickly guide people organisations in New Zealand with the same passion, as to high quality legal information and low cost or free we search for ways to prepare for a new legal information advice, relevant to their dispute. Secondly there is a age. If your organisation shares an interest in this field, need to provide information and tools to help people I would love to hear from you. ▪ use New Zealand’s courts and tribunals and manage their dispute from start to finish. David Turner  [email protected] is a Underlying these aims is a need to build collabora- Professional Practice Fellow at the University of Otago’s tion. One way is to provide a hub for legal information Legal Issues Centre.

76 LAWTALK 929 · June 2019 ACCESS TO JUSTICE

ACCESS TO JUSTICE Fishy business with civil legal aid

BY STEVEN ZINDEL

are further trimmed because the providers’ views of how At her swearing-in in March, the Chief Justice much time a case needs are second guessed by untrained indicated that: “there are few lawyers practising civil legal aid clerks. Sometimes, the clerks have lawyer advice legal aid and fewer still in areas of need and the reasons but then this is frequently from their in-house lawyers for that problem are complex”. who may not have practised for a while and who have In “Some criminal justice outcomes in 2018” in LawTalk little knowledge of the dynamics of the client, the dispute 928, May 2019 at page 75 there was indicated to be only and the other side. 2,326 open civil cases where there was a legally aided Part of the problem is the estimate or amendment party (perhaps fewer than that if there were multiple system, where the case is not fixed fee or where it starts legally aided parties). This is out of about 17,000 court out that way but you apply to take the off ramp from cases disposed of annually, with many other civil mat- the fixed fees motorway. There is no ability to amend the ters in other jurisdictions. And these by 462 lead civil grant if the bill is reasonable if there has not been a prior providers nationally at 13 June 2018 (only 35 of them decision taken on the amount of the grant, frequently acting on five or more cases in that year from 1 July in the abstract, before the work is done. If you forget to 2017) – see “The parlous state of civil access to justice apply for an amendment before the case is over, also, in New Zealand”, LawTalk 920, August 2018, page 54. it is usually too late. The absence of legal aid rep- resentation would lead to inefficient A tier of unnecessary bureaucracy and poor quality self-representation, The amendment system just adds a tier of unnecessary in many cases, and is a concern for bureaucracy, where those on opposing computer ter- everyone in the justice system. Kate minals fight paper tigers as to how much time a case Davenport QC, President of the New will need. Even if a final bill has been rendered which is Zealand Bar Association, was quoted much less than the amendment anyway, the amendment at page 67 of the May 2019 LawTalk will still be debated and the provider will need to justify issue, as offering a chocolate fish, his or her time by a breakdown of hours into various or even a packet, to those who go arbitrary categories such as “research” or “interlocutory back on the list as civil legal aid work” or “drafting”. providers and, in addition, calling A hearing gets close when you realise there is no fuel in for more senior lawyers to “take on the tank; then you have to submit an urgent amendment one or maybe two cases” pro bono The amend- if there is such an overrun, box on and hope that it will be each year (page 65). ment system granted, sometimes experiencing disappointment after just adds the event. The amendment system seems to be based on Wholesale restructuring a tier of the consumer’s right to an estimate but it’s difficult to required unnecessary estimate litigation costs, with so many contingencies, More encouragement than this is bureaucracy, and the arrangement is really with legal aid and the needed to do civil legal aid cases. where those value of the legal work that has been done. A client Wholesale restructuring, including on opposing whose fees are paid in the first instance by the taxpayer some modest legislative amendment, computer is realistically not going to say to a lawyer to hold off is required, if the government has terminals fight on anticipated extra work because they can’t afford to the will. Hourly rates of $72-$159 are paper tigers pay for it, even if there may be a repayment at the end. obviously not able to support the as to how office backup that presentation of much time Civil legal aid civil cases demands. The hours which a case will Cases on civil legal aid tend to come to the office as are claimed by lawyers for their work need. urgent, with case management timetable orders to be

77 met, but the client will have half the story, establishing timeframe but it is apparent that to meet those dead- financial eligibility for legal aid will take a while and by lines, incomplete letters are sent out and later more the time the picture has become clearer and you have may be required before there may be a grant. These even been ambitious enough to go on the court record, clerks insist on replies from us with quite tight time your certificate to legal aid as to prospects of success limits when we are also in court, meeting clients etc may not be accepted and legal aid will be refused or any and if we don’t reply in time then legal aid is pulled and interim grant withdrawn. Or the proper party may be clients are sent a letter that makes the clients think the seen to be an ineligible company or trust rather than an lawyer is unreliable. Again, for no or reduced payment. individual. Then, much or all of your Successful applicants for legal aid with property time will not be paid and a private must complete a land charge authorisation and if that bill to the client will go unpaid. The is not sent to the client, signed, title search done, legal effective hourly rate may be two- description provided and sent back in sufficient time, thirds of the figures above, bearing then legal aid may also be withdrawn. Clients without these factors in mind. email and scanners take extra time. There are many time limits which may snare the unwary and make it Formidable More obstacles difficult to practise well, such as the bureaucratic Along the way, the other side may challenge your client’s need to file the legal aid application hurdles can legal aid because they don’t like his or her general costs in a completed fashion before the easily induce protection in section 45(2) of the Legal Services Act 2011 case is over, so that if financial a sense of (the most important tool in the poor’s access to justice eligibility information is delayed ennui from and not available for the clients of those acting pro or piecemeal, such as the trust dis- which you bono) and that they can’t close down the case with an closure form awaiting attachments may not be application for security for costs. Then you will have to or employer information held up, insulated, justify prospects of success and conduct of the litigation then there will usually be no grant even by a in collateral correspondence. A tempting Calderbank and no payment. Legal aid clerks school of offer may be floated by the other side and you will have have performance standards to chocolate to spend non-claimable time justifying why the offer reply to correspondence in a certain fish. was refused and with legal aid wishing to avoid a section

78 ACCESS TO JUSTICE

thresholds practically obsolete but where various discretions exist. Then, a long time after the judge has ruled, you will be caught up with the final repayment cycle, arranging for the withdrawal of any land charge or caveat and ensuring that legal aid is repaid everything it should be or it may come out of your own meagre receipts. These formidable bureaucratic hurdles can easily induce a sense of ennui from which you may not be insulated, even by a school of choco- late fish. But there is also the general difficulty of acting against typically the big cheeses for the underdog, as when you come back from a day in court to find a welter of emails or hard copy documents on your desk, including well-researched and pol- ished briefs or submissions from a well-resourced private party against your client. The intelligent senior associate 46 costs application against them. from a large firm may have the Then, you need to bill within six months of doing the energy or specialisation to crush work for non-fixed fee activities or you miss out. If a legal your general experience or inchoate aid email arrives, among your hundreds, that always has sense that there has been an injus- an innocuous subject line, but may contain the seeds tice somewhere. The client may be of financial ruin for the practice, then you have only naïve and difficult to reason with 20 working days to apply for a reconsideration or the or may grab at a small offer to feed decision is not able to be challenged. Reconsideration the family and inevitably there is and legal aid appeal work is not paid for unless your a document that your client did client files a fresh application for aid for it, which seems not mention, particularly if he or to have a certain Sisyphean futility. she has been dabbling in the light industrial business sector, signing After the hearing such documents without proper After the hearing is over, hopefully you have estimated appreciation or advice. time for the costs phase in the event of success because On those occasions, however, you can reduce your client’s repayment as well the costs when your client’s narrative does to the taxpayer. A recent, useful case here is Curtis v see the light of day, it can be very Commonwealth of Australia [2019] NZCA 126. satisfying. And that makes up for There will, in any case, be much repayment, charge all that I have written above, par- and write off correspondence during and after the case ticularly in Cinderella areas like ACC which you are not paid for. For example, a client may and employment where there is move and legal aid may conscript you to find out where frequently not the level playing field they have moved to, owing to their quaint habit of send- that leads to the balanced scales of ing postal mail from time to time. Or a client’s $30 per Justitia. ▪ week interim repayments may stop and you are asked to chase your client or legal aid will be withdrawn. Or the Steven Zindel  steven@zindels. client may receive a pay rise and you will have to ensure co.nz has run his Nelson firm Zindels that financial eligibility is preserved, with the financial since the end of 1994.

79 PRACTISING WELL June 2019 · LAWTALK 929

PRACTISING WELL TALKING ABOUT MENTAL HEALTH How does that make you feel?

BY SARAH LAING

Sarah Laing is a writer, cartoonist and new name for lexvoco), a law firm focused • www.vitae.co.nz graphic designer. She’s written novels, short on the success and wellbeing of lawyers. If you’re worried about your or someone stories and a graphic memoir, Mansfield else’s mental health, reach out to some- and Me, which was recently reviewed If you’d like to contribute to this series, one you trust, your GP, local mental health in the Times Literary Supplement and please contact: [email protected] provider, employee assistance programme The Guardian. She’s held both the Frank or contact one of the organisations below: Sargeson and the Michael King writing fel- Some useful resources: Lifeline (0800 543 354 or free text HELP lowships, and was the winner of the 2006 • www.mentalhealth.org.nz to 4357) Sunday Star Times short story competition. • www.depression.org.nz Need to Talk? (text or call 1737) Her latest book, Let Me Be Frank, will be • www.toughtalk.nz Suicide Crisis Helpline (0508 82 88 65) published by VUP in October 2019. • www.wellbeingatthebar.org.uk Samaritans (0800 726 666) • www.wellplace.nz Vitae 0508 664 981, Legal Community Sarah Taylor is the co-ordinator of this • www.ruok.org.au Counselling Service series, a senior lawyer, and the Director • www.lawsociety.org.nz/ If you or someone else are in immediate of Business Development at LOD NZ (the practice-resources/practising-well danger, call 111 ▪

ACCESS TO JUSTICE Contemplating Loss

BY DAVID ALLAN

(A piece written after being inspired by a pine that protects all from the scrutiny of of the many change for their loved ones. kerbside discussion with Olakunle Ajayi about passing motorists. Whether in their 20s, 30s, 40s, 50s or 60s, his 2018 Masters of Psychotherapy thesis). I often reflect, as I walk, as I drive, as I that day comes when with or without work, as I read, as I interview and as I talk to treatment they gather together the frag- others in our system. What do these islands ments of their identity and choose to live Walking into a prison hidden behind of containment achieve? For many, they a better life than the rest of society ever stark concrete walls, the first thing you magnify the intensity of anti-societal rage. expected. A stoic walk after all the eye notice is the apparent calm, a calmness Dispossession is not displaced. The young watering trauma. People that have often which you cannot feel. There is no sense try upon release but are easily triggered and suffered more hate than they have ever of foreboding as you follow the broken line find themselves back for longer. As the inhu- meted out with their own fists. Heartfelt from the gatehouse to visits. There is no manity ages them change comes through rage replaced in an instant – when peace discernible crackle in the air. The visible the fatigue of life. The wisdom gained in comes upon them – by the dignity of staff in the buildings matched in number these hard to find places exceeds that of acceptance. ▪ by the ever-present cameras. As I walk, I the teachers. Then one day, on a day that look up and out to the hill covered in exotic is hard to predict with any certainty, most David Allan is a Hamilton barrister.

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81 PRACTISING WELL June 2019 · LAWTALK 929

82 LAWTALK 929 · June 2019 LAWYERS COMPLAINTS SERVICE

LAWYERS COMPLAINTS SERVICE

Complaints resolution summaries

Mohammed “All lawyers are officers of the court and her son “after that”. the Rules of Conduct and Client Care state Mrs Pawkins paid Meagles $2,000 for Idris Hanif that a lawyer must not advise a client to preparing the trust deed and transferring engage in conduct that the lawyer knows the property to the trustees. struck off roll to be fraudulent or criminal, nor assist any Some 17 months later, Mrs Pawkins person in an activity that the lawyer knows and her son, with another lawyer acting Mohammed Idris Hanif has been struck off is fraudulent or criminal.” for them, sold the property and bought a the roll of barristers and solicitors by the replacement property. New Zealand Lawyers and Conveyancers The following day they received a Disciplinary Tribunal. Censure and fine Notice of Claim, lodged by her former In 2018 Mr Hanif was found guilty of husband under section 42 of the Property knowingly providing false and misleading for incompetence (Relationships) Act 1976 (PRA) against the information to Immigration New Zealand title to the first property. and was sentenced to 10 months home [All names used in this article are fictitious] detention. Two referrals to barrister Mr Hanif had acted for a client, Feroz A lawyer who did not provide competent Mrs Pawkins telephoned Meagles for Ali, who was recruiting workers from Fiji, advice has been censured and fined $4,000. advice, who referred her to a barrister. bringing them to New Zealand, and then The lawyer, Meagles, acted for Mrs Mrs Pawkins could not afford barrister’s setting them to work in his business. Mr Pawkins and her adult son when they fees. She turned to her new lawyer, who Ali was convicted under the Immigration bought a residential property. At the also referred her to a barrister. Act 2009 and was described as trafficking time, Mrs Pawkins and her husband had A settlement was subsequently reached in human beings by deception. separated and were living apart. where Mrs Pawkins paid her former hus- Mr Hanif assisted Mr Ali by submitting Just over a year later Mrs Pawkins band an initial $8,000 and a subsequent visa applications that included false and telephoned Meagles with instructions to payment of about $20,000. misleading information. This false informa- prepare a trust deed. Mrs Pawkins lodged a complaint with tion had allowed the workers that Mr Ali Mrs Pawkins explained that her pur- the New Zealand Law Society Lawyers had trafficked into the country to remain pose for making a trust was to prevent Complaints Service. in New Zealand. her former husband from claiming “any A lawyers standards committee found “Lawyers are required to maintain a rela- benefit in the house which she bought unsatisfactory conduct by Meagles, fined tionship of confidence and trust with their [with her] money”. She said Meagles him $4,000 and ordered him to pay $1,000 clients, but in no way does that extend to advised her that once a trust was estab- costs to the New Zealand Law Society and acting illegally or assisting their client to lished, her former husband could not $2,000 compensation to Mrs Pawkins. commit criminal acts,” New Zealand Law “claim any share in the property” even The committee concluded that it was Society President Tiana Epati says. if he was living with Mrs Pawkins and only when a section 21A PRA agreement

83 LAWYERS COMPLAINTS SERVICE June 2019 · LAWTALK 929

had been completed between Mrs Pawkins Pawkins. possibility of facilitating a breach of the and her former husband, or Mrs Pawkins The LCRO also ordered Meagles to pay Immigration Advisers Licensing Act 2007 obtained a court order, that it would be $1,200 costs. (IALA)”, the committee said. “appropriate to establish a trust”. Immigration lawyers in Flite’s position Meagles’ “failure to be alert to the very need to be “wary of the possibility that possibility that there could be a claim” to Danger in relying an intermediary, be they an interpreter the property – that is, the property could or a person referring others to the lawyer, be relationship property – amounted to on an interpreter may stray outside the range of activities incompetence, the committee said. permitted by the IALA”. The committee also found unsatisfactory [All names used in this article are fictitious] “That may occur inadvertently or conduct by Meagles for not providing Mrs deliberately.” Pawkins with written terms of engagement When a lawyer has a client and an inter- Immigration lawyers must therefore and client care information. preter is required, relying on an interme- be “alive to the risk” that an entity might diary to the extent that all communication use their services as a front for providing Lawyer applies for review is through them seems to be “fraught with unlicensed advice as was alleged, but not Meagles applied to the Legal Complaints danger”, a lawyers standards committee proven, in this case. Lawyers such as Flite Review Officer (LCRO) for a review. has said. ought to be vigilant to protect their clients In LCRO 220/2016, the LCRO confirmed The committee was considering a com- from the risk of receiving unlicensed advice the committee’s two findings of unsatis- plaint from a client who instructed the from an intermediary. factory conduct, the fine of $4,000 and the lawyer, Flite, and his firm on an application “A simple step towards doing so would $1,000 costs order. to Immigration New Zealand. be to ensure a sufficient degree of direct The LCRO also imposed a censure on The client made a series of complaints, contact with all three parties being pres- Meagles. and the committee examined whether ent – either physically or, at the very least, Mrs Pawkins and Meagles disagreed on Flite had failed to obtain the client’s on the telephone or via Skype or similar the nature of advice Meagles provided, the instructions and acted without authority, technology,” the committee said. LCRO said. whether Flite had failed to keep the client An initial meeting should be a priority, Written evidence, such as letters of informed, whether Flite may have forged the committee said. “This would enable the advice, email exchanges, file notes, nar- a document, and whether Flite failed to scope of the engagement to be clarified, rations of attendance and invoices often charge a fee that was fair and reasonable. expectations to be met, and a professional assist to resolve disagreement concerning After examining the issues, the com- relationship to be established.” the nature of a lawyer’s advice. mittee found that there was insufficient In addition, the committee considered it “Unfortunately [Meagles], as he acknowl- evidence to determine that Flite had failed wise to have further direct contact as the edges, did not provide written advice to in any of those areas. In fact, the committee legal work is carried out. Mrs [Pawkins], did not make file notes, noted that Flite and his firm did “substan- “This would provide an opportunity for does not possess time records and did tial work” for the client “and it appeared to the practitioner to ensure that the client not issue an invoice (bill of costs) to Mrs have been performed competently”. has been kept adequately informed and [Pawkins],” the LCRO said. Although the committee decided to that the interpreter has performed their “From my analysis of the information take no further action on the complaint, task adequately and without straying into provided to this office, I consider it more it considered there was educational value giving unlicensed legal advice.” probable than not that [Meagles] did not in the decision, particularly highlighting provide competent advice to Mrs [Pawkins].” the potential issues that may arise when The LCRO modified the committee’s advising a client through an intermediary. Fined for lack decision by adding that it was unsatis- The committee said it acknowledged the factory conduct that Meagles did not take practical reality that Flite and his firm faced of respect and reasonable steps to ensure Mrs Pawkins when acting for a client with a limited level understood the nature of the retainer and of English. While a translator was clearly courtesy did not consult with her about the steps required, the committee considered that to be taken to implement her instructions. “relying on an intermediary to the extent [All names used in this article are fictitious] Because there was no clear “causative that all communication is through them, link” between Meagles' conduct and the and there are no direct instructions taken, A lawyer has been fined $1,000 after his loss Mrs Pawkins claimed, Mrs Pawkins seems to be fraught with danger”. conduct in an employment related meeting was not entitled to compensation. was found to be “deliberately aggressive, The LCRO therefore reversed the commit- Possible breach of Act overbearing and overly personalised”. tee’s order that Meagles pay Mrs Pawkins In such circumstances, a lawyer may be The lawyer, Carton, represented an $2,000 compensation, and substituted that prevented from receiving adequate instruc- employee at a meeting with her employer. with an order that Meagles cancel his fee tions and from communicating effectively The employer was represented at the meet- of $2,000 and refund the money to Mrs with his or her client. It also “opens up the ing by the employee’s manager and an HR

84 LAWTALK 929 · June 2019 LAWYERS COMPLAINTS SERVICE

representative. transcript. act in his client’s best interests, the com- Following the meeting, the employer’s In his submissions to the committee, mittee said the overall tenor of Carton’s Chief Executive Officer complained to the Carton had stated that the meeting was approach, specifically in response to the Lawyers Complaints Service. He stated that “not intended to be a disciplinary meet- introductory comments was “demeaning”. Carton’s conduct was “overly aggressive, ing”. However, after listening to the HR “His tone is aggressive and some of the offensive at times, unprofessional and representative’s introductory comments, language used is, in the committee’s view, unbecoming of a lawyer”. Carton was concerned that it was indeed belittling and overly personalised”. The CEO, who was not present at the addressing his client’s performance as an A lawyer should not, the committee meeting, said that as a result of Carton’s employee. said, “intentionally personalise, belittle, conduct the company’s two representa- He said he therefore suggested that the or badger in the way that [Carton] did in tives had felt unsettled and unsafe. HR representative relinquish her role at the circumstances of this particular case.” Upon consideration of the complaint, a the meeting. He explained that he used The committee noted that the decision lawyers standards committee found Carton “volume, tone and body language in a should not be taken as suggesting that had clearly breached rule 12 of the Lawyers considered and targeted manner to suc- “firm and robust debate is not appropriate and Conveyancers Act (Lawyers: Conduct cessfully implement the initiative”. or otherwise in conflict with a lawyer’s and Client Care) Rules 2008 and that this Most of the meeting, which followed, duties of professionalism and courtesy”. constituted unsatisfactory conduct. had then focused on communication “However, firm and robust dialogue Rule 12 states: “A lawyer must, when issues, not performance, and the meeting and debate, where it is warranted, should acting in a professional capacity, conduct concluded with his client and her manager be restricted to the matters in issue and dealings with others, including self-rep- indicating they wished to work together should not, as the committee found resented persons, with integrity, respect to improve their relationship. That was a occurred in this particular case, transgress and courtesy.” successful outcome. into personalised and patronising conduct.” As well as submissions from the parties, As well as imposing a $1,000 fine, the the committee listened to an audio record- Overall approach “demeaning” committee ordered Carton to pay $500 ing of the meeting and read the meeting While accepting that Carton had a duty to costs.

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85 PRACTICE June 2019 · LAWTALK 929

PRACTICE Effectively managing New Zealand’s increasing discovery volumes

BY ANDREW KING

many send and receive thousands So much of the data Globally the data volumes expe- of emails within a year, while the is simply irrelevant rienced in the discovery process are disputed period may be several The greatest obstacle in most dis- increasing rapidly and this is no years. This can easily equate to tens covery exercises is the considerable different in New Zealand. of thousands of documents, and into increase in the amount of irrelevant A common myth in New Zealand the hundreds of thousands if anyone information. has been that our discovery data were to print them out. On most matters, the amount of volumes are only small. If you are not seeing these volume key discoverable documents may This is not the case. increases in your discovery process, not be too different to the numbers Sure, the volumes experienced are you starting with all the poten- experienced previously. The key is: here will be smaller than more liti- tial information? how do we get to them, as so much gious countries, but New Zealand of the information will probably be volumes are still increasing expo- Getting to only what irrelevant. nentially. We are all communicating you need quickly and No one wants to have lawyers differently than we did in the past, cost-effectively investing their time (and the clients’ while the devices we use to com- Obviously, not all the increased money), looking at information that municate and store information data volumes will be relevant to may be totally irrelevant. The skill continue to evolve. the dispute. is to come up with methods and Experts now estimate that data No one expects you to read all leverage the use of technology to volumes are doubling every 18-24 the information, or at least ‘eyeball’ get rid of what you don’t need so months, thus making how to every document if we want to get that you can devote your energies effectively manage these volumes through them quickly (and cheaply) at only looking at what matters a consideration for anyone tackling – nor is it humanly possible. most. the discovery process. How to manage these increasing Using powerful eDiscovery tech- data volumes is an important con- nology will be a great advantage to How are New Zealand sideration for anyone undertaking help remove the irrelevant informa- data volumes increasing? an investigation or discovery exer- tion so that you can focus on the Looking back a few years in New cise. We now need to work smarter, most important information. Zealand it may have been typical as the objective of any discovery for a dispute to only have a few exercise should be to facilitate The need for powerful gigabytes (GBs), but now it is very a method of getting to the most discovery tools common to see in excess of 100GB important information quickly, cost These escalating data volumes and if not more as the starting point for effectively and accurately. the rising cost of managing the data, discovery. To get started, it is worth investing make it increasingly important to Let’s take a dispute with a couple an hour at the outset of a matter to use the right eDiscovery software to of individuals. Solely looking at their work out the best way to approach tackle the discovery process. emails, it is not uncommon to see the discovery exercise. The time The typical ‘rule of thumb’ is, as 4-5GB per person, equating to 10GB. invested at the outset could save the volumes and complexity of a Most matters will have even thousands down the track, not to matter increase, then so does the greater volumes of data, including mention lessening the burden for need to look at more powerful tools more custodians and sources, as you and your firm. – especially if you want to manage

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the discovery process efficiently, cost-effectively and accurately. These tools can help you cull and filter what you do not need, so you can focus on what you do. Features like Technology Assisted Review (TAR) and grouping similar content together can enable you to quickly and accurately move through the documents to review. It is no coincidence that three New Zealand regulators have taken

on Relativity – widely acknowledged ◂ as the leading eDiscovery platform  Trev Hill Photography globally. Many are also looking at PRACTICE other powerful tools like Ringtail and Everlaw. It is not to say one of these tools must be used on every matter as there are other good tools Te Tiro Iho a te available. Explore the tools manu – taking a available It is worth having a look at what else is available, even if you are cur- Bird’s Eye View rently satisfied with your existing eDiscovery software. Ask yourself BY GABRIELLE if these tools are giving others an O’BRIEN advantage over you? Evaluate your eDiscovery soft- ware options every 12-24 months Association attending over the two to ensure that you are equipping More than 330 delegates gath- days to gain an insight into in-house yourself with the most effective ered in Dunedin on 9 and 10 May practice. discovery tools. for the 32nd annual ILANZ confer- The conference theme “Te Tiro Iho Again, be sure to seek impartial ence. The Edinburgh of the south A Te Manu –A Bird’s Eye View” not advice – not just from those selling showed its best side with balmy only paid a nod to the world’s only the product. temperatures to greet delegates and mainland breeding colony of royal Like the rest of the world, the a palpable sense of a vibrant city albatross on the Otago Peninsula volumes of data experienced in the with plenty to offer visitors. In the but also reflected the breadth of discovery process in New Zealand words of our patron Sir Ian Barker, topics covered over the two days continue to increase rapidly, requir- attendee of almost all 32 ILANZ of conference. ing smarter ways to manage this conferences, “They do things so well The wingspan of the in-house information. The skill is to find an in the South!”. lawyer spreads beyond legal opin- effective method get through this Many ILANZ delegates were ion to the role of trusted adviser information so you can focus on returning alumni of the University and strategic contributor. Like the only what you need in a way that of Otago. It seemed appropriate mighty albatross, the in-house is quick and cost-effective.▪ then to link “town and gown” with lawyer needs excellent navigational the Otago University Law School skills to ensure they achieve optimal Andrew King  andrew.king@ Dean, Jessica Palmer, welcoming results and stay out of, or at least are ediscovery.co.nz is the founder delegates to Dunedin and represent- equipped to survive, choppy waters. of E-Discovery Consulting. He atives from law student groups, Te Economist Shamubeel Eaqub provides independent advice and Roopū Whai Pūtake, SOULS (Society ensured delegates started their management on all aspects of the of Otago University Law Students) conference experience with some big eDiscovery process. and the Pacific Island Law Students picture thinking as he provided an

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▴ ILANZ committee members, Sian Wingate, Hiramai Rogers and Jeremy Valentine gather insight into some of the issues facing Taking opportunities “unconference” ideas. New Zealand and the impact that Speakers throughout the two days economic and social forces will have also reinforced the message to take on how we will work in the future. opportunities. Grant Pritchard, Encouraging delegates to adopt a ILANZ Committee member and a new state of mind, Shamubeel urged member of the Spark legal team, us to be deliberate and opportunistic powerfully demonstrated this in in our choices for the future. his session on transforming mental health at work. Grant’s drive and Being deliberate passion to improve mental health The theme of being deliberate con- in workplaces has been the catalyst tinued throughout the conference. for Spark’s workplace mental health In relation to effective engagement programme and his compelling with Māori collectives, Tracey Peters story and call to action reached and Kirsten Hagan urged us to the heart and mind of everyone in ▴ ILANZ conference delegates proving that learning undertake due diligence, embark the room with the response being can be fun. on, or continue, our learning jour- a well-deserved standing ovation ney in relation to Te Ao Māori and and individual and collective com- never forget the power of reciprocity mitment to making a difference Sitting in the driver’s seat and the strength of connection or for ourselves, our families and our In addition to a number of presentations from in-house whanaungatanga. workplaces. counsel, this year also saw the return of the “uncon- GCs Tim Peacocke from Samsung Grabbing opportunities to add ference” sessions – two hours set aside for delegates to and Andrew Cordner from Fonterra, value also featured in a session with mix with their in-house colleagues and discuss issues urged delegates to take a measured Hayley Evans from Wellington City crowd sourced during the first day of conference. Top approach in how to react “when Council on how to translate data picks were: you are the news”. Taking stock, into insights and added value for • Managing regulatory and legal compliance. The chal- transparency with the regulator, organisations. lenges, the ways and the wins, stakeholder engagement and Delegates were also urged to • Are in-house counsel the conscience of the organisa- making measured decisions and take the opportunity to thrive both tion? If so, is that really your role? responses were some of their at and outside work with clinical • The legal team’s role in project management. Discuss. recommendations. psychologist and efficiency coach • Should GCs be on the executive team? Would the title This theme of responsibility con- Nicola Brown providing some strat- CLO mean more to the CFO, CEO or COO? tinued when Banking Ombudsman egies and tools to counter common These themes also featured in the panel discussion on Nicola Sladden, and Helen Davidson, obstacles. the preliminary results of the Deloitte/ILANZ in-house General Manager Legal and Policy Easy to identify but harder to trends survey in addition to thoughts on how to get at Engineering NZ, shared insights execute “soft skills” were a feature the most from in-house and external firm relationships and experiences from the banking of the session from Grevis Beard, a and, a recurring theme, the importance of “soft” skills and engineering sectors and their workplace consultant who special- for in-house practitioners. own versions of “seismic events”. ises in team dynamics and tools to Nicola and Helen adeptly covered foster positive rather than destruc- Sharing insights the benefits of using complaints tive relationships in the workplace. Over the next few months we will be sharing more as a strategic tool to identify risks His delivery left delegates gasping insights from these and other conference sessions in the and opportunities in a business and – with laughter – but also with some form of ILANZ President, Sian Wingate’s “Conference left delegates determined to take up useful research and guidance on condensed” blog and the final report from the Deloitte/ Nicola’s challenge to “learn to love the steps necessary to create high ILANZ in-house trends survey. Both of these will be complaints”. performance workplaces. available through the ILANZ website  ilanz.org ▪

88 LAWTALK 929 · June 2019 PRACTICE

PRACTICE Focus On ... Thames-Coromandel Gold is gone but there’s plenty of diamonds in an area of contrasts

BY CRAIG STEPHEN

town all but went bankrupt in the depression days. It is an area that developed with gold mining and, But from that it built up other industries such as dairy despite the lack of blue collar industries these days, farming, fishing, forestry and in more recent times the tourism, housing and health keep the near two dozen Toyota car assembly plant.” lawyers based in Thames-Coromandel busy. Miller Poulgrain attends to the gamut of legal services One of those lawyers, Michael Ussher, has been in the area needs. the district since 2007 and his firm now has offices in “We are a general practice, so we have got to be pre- Whitianga and Whangamata. pared to pretty much do everything that comes in the “It is typical provincial New Zealand. There is an door but conveyancing, elder law and estates would incredible mix of work, in a relatively challenging account for a lot of what we do. I guess it’s not too environment, with an elderly population and very little different from a lot of other provincial towns in New industry on the eastern seaboard except for tourism and Zealand.” hospitality. The population generally has higher equity Mr Poulgrain is born and bred in Thames but studied and lower incomes which presents some interesting in Auckland and had his first job at Rudd Garland & challenges. There’s also a lot of property turnover, relating Horrocks in the city before returning to the family firm in to people with young families having baches, and when 1983. His great grandfather John William Poulgrain was those families grow up they move on. The population employed by McDonald and Miller in 1871 as an articled can be transitory,” he says. clerk – and later was the managing clerk – and worked “It’s certainly a beautiful place to for over 60 years in the practice. Rodney Poulgrain is the work and if you like the beach and fourth generation of his family in the firm. John William the outdoors, it’s ideal.” Poulgrain’s son Cecil Horace became a partner in 1921 Thames law firm Miller Poulgrain and the firm then changed its name to Miller & Poulgrain. has a connection with the local community going back to the days Burgers to the Bar of gold mining that brought thou- Michael Ussher was working for a large law firm in sands of eager diggers and associ- There is an Auckland when he and his family decided to make the ated workers, and in fact the firm incredible move out. is currently celebrating the 150th mix of work, Initially, however, continuing in the law on the pen- anniversary of the firm it owes its in a relatively insula wasn’t his main priority. existence to. challenging “When I came down here I set up a burger bar and A partner, Rodney Poulgrain, says environment... ended up running that for three years. Hospitality was with Thames in the grip of gold fever The population hard work with a young family, and people, when they at that time there was an obvious generally has found out that I was a lawyer, urged me to get back need for law firms, which is where higher equity into practice. McDonald and Miller came in. and lower “So I did go back into the law and enjoyed the chal- “It was a very bustling place back incomes which lenge of general practice in a small town. Initially, I just then with a bigger population than presents some had a home office but it got busier and busier so we have Auckland, and then I understand interesting gone from just me to three lawyers, two legal executives, things went pretty quiet and the challenges. a receptionist and a trust account administrator trading

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from two inner city commercial premises.” Mr Ussher’s wife, Natasha, is also a lawyer at the firm and they are in the process of hiring a junior lawyer. But that means the usual problems of getting staff in rural areas. “I don’t think we are unique in struggling to attract and retain young lawyers here wanting to practise general law. But we enjoy giving back to the profession by employing young lawyers and introducing them to the law. “We provide and are involved in lots of community-type assistance. Often we can be like a community law centre where people drop in asking about simple issues. There are also a number of elder law and estate issues due to the ageing population here,” he says. “Our common challenge involves getting people to seek advice before they act. Low wages often means high resilience and self reliance so seeking legal advice is often not my tipuna came from – my English puts people off.” sought until it’s too late.” ancestors came over on the Tainui She says while there is a more He notes that due to those low steamship and my Māori ancestors relaxed and rural attitude in Thames wages it is hard to get blue collar came over on the Tainui waka to and throughout the peninsula, the workers in to do a range of work, Thames, so that is my connection same issues and problems apply. beyond hospitality. Families, he with here. I have tūrangawaewae “Up in Whangārei (where she says, might be attracted by pretty here and in Tāmaki Makaurau also worked) there was a real issue beaches, cafes and retail, but the because we are part of the iwi col- with P and other drug use. But real carrot has to be jobs and good lective there also.” those issues are here too and there incomes. Her home is round the corner are people who are struggling with from her practice, a bungalow which poverty, drugs and violence.” Return to the tipuna is off the main roads. Robyn Leach is a family law prac- “I wanted to work in a building It’s all here titioner who has been based in that wasn’t on the main street. I’ve Rodney Poulgrain – whose wife Sally Thames for the past four years, chosen a private space for people is an enrolled solicitor at the firm – having moved down from South to come to and a more homely, says Thames is ideally located and Auckland where she was raised. comfortable environment so it’s offers everything to families. She made the relatively short less wieldy for people to turn up “Thames has been a great place move to Thames due to family and and speak to a lawyer. for us to bring up a family. There’s iwi connections – she affiliates to “I have mediation space that is lots of sporting and cultural clubs Ngāti Maru. inviting and has plenty of break-out and activities, so it’s pretty much “This is my home really, this is spaces out the front or the back, or all here for us, it’s all accessible and where my iwi is. I have a nine- across the road at the park. We can we enjoy being relatively close to year-old and a ten-year-old and work a whole day of mediation and Auckland, Hamilton and Tauranga so I wanted to be where I had an make it successful. I have worked and in close proximity to the bush iwi connection and a place where at large law firms and it can be an and the beaches, so it’s not a bad my boys could grow. This is where intimidating environment and that place to be.”

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practice of law in a place like this to be more achievable because the distance and some of the difficulties are being removed. “The beaches are beautiful and the parks are beautiful and the access is so much easier. The lifestyle is better here and with family law being inherently stressful anything that eases that stress can’t be bad. There’ll still be tissues on the meeting table but if I’m feeling less stressed then the situation will be easier to deal with and my provision of legal services to the client will be enhanced.” ▴ Rodney Poulgrain The home is the office Penelope Ridings is a barrister with 30 years’ experience as an interna- tional lawyer and focuses on public international law, oceans and fish- eries, and international trade and investment law. Similar to Robyn Leach she is typical of the lawyer without a And for Robyn Leach the lack of high street office, and who largely congestion and constant travelling doesn’t need one due to the nature is a major boon. of her work. “If I leave something at work it’s Dr Ridings has been based in the about 45 seconds to go back there. I north of the peninsula – about an do not have the travel and the stress hour north of Thames – since 2015 and the time management issues after moving out of Wellington. of being based in Auckland. That The move was based largely on became very problematic. lifestyle, moving to a property she ▴ Robyn Leach “When I first came here I was and her husband had bought “some involved in a High Court matter years ago” and developed. She took relating to property, and I did six early retirement from the Ministry months or so of travelling to and of Foreign Affairs and Trade and from Auckland every day and it was moved up to the house where her just horrendous. Five hours of travel husband was already living, in order from Thames to Auckland is just to develop an international legal unreasonable but it also reminded practice. me of why I left.” “It is absolutely the right move. Robyn says that such travel is It’s a lovely little place. We live in becoming obsolete, however, due to Whangapoua which is on the other the way that the courts, especially side of Coromandel township, and in family law, are moving. it’s even smaller than Coromandel “The courts are moving towards Town and very beautiful. telephone conferences and with- “Particularly with my specialisa- out-notice applications going into tion, as much of what I do is opinion drop boxes; those changes in tech- writing, I can do all of that at home. I nology are actually allowing the have my home office set up and I am ▴ Penelope Ridings

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According to the 2013 Census, 26,178 people live in the Thames- Coromandel District. This is pro- jected to have risen to 29,700 by 2018. Thames is the only settlement with a population of more than 5,000.

Of those, 4,149 identify as Māori, or 16.6% of the district’s popula- tion, which is 1.7% higher than the national average. Asian people (2.6%) and Pacific peoples (1.6%) are the next most populous ethnic groups. Only 16% of the population were born overseas, much lower than the national average of 25.2%.

It is also an ageing population with the proportion of people aged 65 and over making up 27% of the online all the time so I don’t actu- Law Society suggests (on page 236) total population which is nearly ally need to be in the city except to that, in the early days of the legal twice the national average. This is attend meetings. Networking can be profession in New Zealand, in the projected to reach 40% by 2045. a bit of an issue which is partly why absence of an extensive overland I make the effort to arrange meet- transport system, a “good steam- Famous people from the area ings in Wellington and Auckland boat service” connected coastal include model and actress Kylie Bax, and attend conferences.” towns in the Bay of Plenty, includ- Welsh rugby international Sonny While much of her work can be ing Thames, with Auckland. “For Parker, Black Sticks international done in her office within her home, this reason the coastal areas of the Lloyd Stephenson, Shakespearean there are occasions when she needs Bay of Plenty were included in the actor Bruce Purchase, Air Chief to meet clients in Wellington or Northern Judicial District and there- Marshall Sir Keith Park and medical overseas, flying out of Auckland, fore within the Auckland District scientist Sir Graham Liggins. “about two and a half hours away Law Society,” wrote DB Gordon. on a good day without much traffic” Rodney Poulgrain says while the The five industries people in the and an extra hour in the morning and local legal fraternity is within the area are most likely to work in are: evening when the traffic backs up. Auckland branch of the Law Society, health care; accommodation and “I try to combine meetings when various factors mean there is an food services; construction; pro- I’m in Wellington so I make more equally strong connection with fessional, scientific and technical; of each trip. Hamilton and the wider Waikato and admin and support services. “I enjoy it very much and it really region, one being that the Thames- suits me and the kind of interna- Coromandel district is within the Gold was discovered in the 1860s tional work that I do.” Waikato Regional Council. and soon attracted thousands of “We used to attend meetings with gold-diggers. One mine alone Auckland v Waikato South Auckland practitioners on an yielded ten tons of gold in one year, It is not entirely clear why Thames- annual basis and there certainly was paying out dividends amounting to Coromandel became part of the some collegiality shared with solic- £600,000. Auckland branch of the Law itors from Papakura, Pukekohe, as Society, but it can be presumed well as Paeroa and Te Aroha. Those As would be expected Thames that it was because the original meetings, for some reason, haven’t has the largest number of lawyers Auckland province, which existed happened for some years now, and with 16, followed by Whangamata until 1876, covered a large swathe it would be fair to say that we don’t 5, Whitianga 3, Coromandel 1 and of land down to a line stretching have any direct social dealings with Tairua 1. from the Whanganui River to the the Hamilton practitioners either. Mahia Peninsula. We always have been on the border Sources: Statistics New Zealand, Thames- Portrait of a Profession: The of both so we have had to kind of Coromandel District Council, New Zealand Law Society and Victoria University. Centennial book of the New Zealand be self-sufficient.”▪

92 LAWTALK 929 · June 2019 LEGAL TECHNOLOGY

LEGAL TECHNOLOGY OneLaw gaining in practice management market

BY GEOFF ADLAM

Who makes up your market now? How many New Zealand’s market for legal practice man- customers do you have? agement software is a very competitive one. Locally- based companies compete for market share with Emma-Jane McLennan: Before the international offerings. One based in Christchurch has end of this year we will have trans- come into the market in the last decade, and is capturing ferred customers from every major significant market share. OneLaw focuses on delivering competing system in New Zealand. robust, innovative accounting and information manage- We’ve currently got just under 100 ment systems. OneLaw’s Chief Architect Doug Thomson firms using OneLaw, with forward and Sales & Marketing Manager Emma-Jane McLennan installations booked to exceed this talk about their company, and the future for practice significant milestone. In the early management technology. days, OneLaw appealed mostly to small and mid-sized firms (less What prompted you to produce another practice than 40 users or so) but as we con- management system for the New Zealand market? tinue to develop, the market appeal Doug Thomson: I’ve been involved in the legal tech is broadening. We had a significant industry since 1987, and it was in 2009 that the idea capital raise last year, which we are of OneLaw began. One of the most popular systems at using to drive development of new the time was reaching the end of its useful life, and its functionality in the next two years. retirement announcement prompted several practice This will promote OneLaw into managers to approach me. They were worried that they the mid-tier market and beyond, didn’t like any of the alternatives on the market, and and we are already noticing a given my lengthy experience in the area, they asked significant number of larger firms me to create something for them. So, between myself approaching us. and my business partners we had a wealth of industry What do you see as the knowledge and contacts, and big opportunity on our future challenges and hands. What better environment could you wish for in developments you will need starting a new business? to come up with for the New Who did the development, when, and Zealand legal market? what were you focusing on delivering? OneLaw Doug Thomson: I think that there Doug Thomson: We wrote the first line of code in May appealed are three main challenges for law 2009, and haven’t stopped developing since. OneLaw mostly to firms in the near future: has used a mixture of in-house and contract developers, small and Firstly, an increase in compliance/ to eliminate key-man risk. During the design process mid-sized regulatory overhead, as we have we always draw on the wealth of experience within firms (less witnessed with the recent extension the OneLaw team, as well as valuable input from our than 40 users of AML/CFT legislation to cover law customers and Law Society inspectors. When you’re or so) but as firms. We will be able to help out developing IP it’s important to consider multiple view- we continue with smart tools to help in this area, points, and be ruthless about keeping the system simple to develop, in terms of reducing the impact, but and powerful. Our primary product design focus is on the market the additional workload will have an improving productivity of users. appeal is impact on firm profitability unless broadening. fees increase.

93 LEGAL TECHNOLOGY June 2019 · LAWTALK 929

LEGAL TECHNOLOGY

Secondly, traditional legal services, such as convey- ancing, that are transactional and very similar from matter to matter will continue to be commoditised, The with increasing downward pressure on fees. We can help maintain profit margins in this area by increasing worker productivity and driving risk out of the process Revolution through automation of procedures and standardisation of output via document production and automated client communications. Will Not Be Thirdly, improving worker productivity is at odds with a business model that is centred on selling time. We believe that there will be an increasing trend toward Televised value billing and/or agreed fees for work, reducing the reliance on the timesheet. We are very well positioned in this area as it is already possible in OneLaw to record and It’s being streamed bill value as well as time, and to automatically capture value for certain tasks, rather than relying solely on the timesheet as a measure of effort or value to the client. You hear a lot in the market about robots replacing BY DAMIAN lawyers, but we don’t believe that at all. While automa- FUNNELL tion will change the way the law industry works, there will always be space for humans. Our job is to ensure our software will serve those humans both now, and into the future. The day I wrote this I also bought my Tournament Pass to watch the 2019 Rugby World Cup on Spark Sport. What aspects of your product Now there’s something I never thought I’d say. are you most proud of? On a cold spring morning back in 2015, while a few Doug Thomson: When developing software you can mates and I were waiting for the last RWC final to start, include all the ‘bells and whistles’ you like, but if they I successfully predicted that Japan 2019 would be lives- are buried in a complex user interface the features will treamed rather than broadcast live. My tech predictions not be used and your development investment will have are notoriously inaccurate, so I feel the need to boast been wasted. I believe that we have squeezed every about this one in print. ounce of user-benefit from our development spend. I did think at the time though, that it would be Amazon We make sure we stick to our software and do what we or Netflix that would be streaming the rugby, not Spark. do best. We’re developing a partner network to connect What I didn’t appreciate then was quite how pervasive with other best of breed systems – for example, why streaming media would have become by 2019. would we create our own general ledger, when we could Around the time of the last Rugby World Cup I read connect with Xero? that millenials watched more video online (ie, streamed Emma-Jane McLennan: We are immensely proud content) than they did broadcast TV. This surprised me a of two main things: Our fantastic product, and top- bit, but little did I know that four years later none of us notch support. These two things form the focus of our in our household would be watching broadcast TV at all. business, and the inevitable result is happy customers. We couldn’t if we wanted to. Analogue TV is long It’s a simple formula. gone. We don’t have Sky or Freeview (they fell by the Our customers know they can pick up the phone or wayside a year or so ago) and we don’t seem to miss email us, and they’ll get expert help quickly. There’s no them one bit. massive wait time, our New Zealand-based team prior- My youngest kids (7 and 9) don’t even know what itise working with customers to ensure they are getting broadcast TV is. Listening to the older kids (much more the most from our software. It is more of a partnership worldly at 11 and 12) explain what it meant to change than a vendor/customer relationship. channels was thoroughly entertaining. And utterly We believe we are the first practice management thought-provoking. system in New Zealand to offer free online resources Generations of us grew up with broadcast television. through our new OneCommunity platform. With a single Sure, we saw technological advancements during this click from within the software, you will find training time (colour TV, VCRs, flatscreens, set-top boxes, more videos and articles, development voting, forums, com- channels, etc), but by and large TV was TV. We watched plete system documentation, event signups and support what someone else chose for us at a schedule that was ticketing. It’s a game changer. ▪ outside of our control. To a certain extent, the choices

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much doing the same thing and consuming the same media, just with varying degrees of quality. We saw these technologies coming and there was a long period of adoption before they displaced what came before them. The move from broadcast TV to streaming is much more significant and has been much more rapid. We’re still consuming video via a screen with speakers, but suddenly we’re all on different screens, watching what we want and when we want it. The very nature of what we watch, how we watch it and the familial/social norms around consuming media are changing so quickly it’s almost a bit bewildering. TV dinner anyone? The idea of eating dinner in front of the TV suddenly became foreign, as there’s no scheduled event (the weekly screening of CHiPs when we were kids) to bring everyone together in front of the box. It’s now a challenge for me to get all of the kids off their individual screens into the lounge so we can watch a movie as a family. I thought about this a lot when I bought my Tournament Pass. That and whether Spark are going to manage to stream the RWC without an ‘XT’-style meltdown. I love streaming media and I find the idea of my dusty old DVD collection almost hilarious. But isn’t it amazing how quickly technology is changing our lives? Even when you work in IT it can sometimes seem a bit bewildering how fast things are moving and how our society is changing as a result. I have no idea how or where I’ll be watching the 2023 RWC. Companies such as Spark Sports spend big money on broadcast/streaming rights because they see live con- tent as being less susceptible to piracy, but in 2019 even tech novices could figure out how to stream live matches for free from one of many countries where they’ll be made by faceless TV programmers shaped our society, broadcast free to air. In four years’ time technology will or at least our conversations around the water cooler. make it even easier to do so, resulting in increased piracy And then suddenly all of that is gone. All of the video and a reduction in how much we’re willing to spend to consumed in the Funnell household is streamed over the watch these events legitimately. What this will do to internet when we want it. And to a seemingly endless companies like Spark Sports is yet to be seen. number of screens (13 devices and counting). But this year, as we watch the mighty All Blacks attempt to make history with three in a row, streamed The death of old tech – and live over the internet from Japan, I’ll think back to how birth of the new many of us were crammed into Mum’s lounge back in With any disruptive technology there’s a tipping point 1987 to watch the inaugural RWC final on her tiny 14” where customers start flocking from old to new and the CRT TV. It was broadcast on TV1 – TV3 was still a couple outgoing technology starts the long, irreversible march of years from launch. toward obsolescence. The technological differences between then and now It took CDs almost 10 years to become more popular are almost too much to comprehend. It sure is amazing than cassette tapes. It took another 10 years for cassettes how things change. to disappear altogether. Hopefully, I’ll be with a bunch of mates with beer in Similarly it took about 10 years (from the mid-1990s) hand. As much as things change, some things are meant for the DVD to overtake the VHS in popularity. Video to remain the same. ▪ stores (and physical media, for that matter) have all but disappeared now. Damian Funnell  damian.funnell@choicetechnology. But the shift from cassette to CD and from VHS to co.nz is founder of Choice Technology, an IT services DVD represented technological evolution, not a change company, and  panaceahq.com, a cloud software in how we were doing things. Whether you were using company. He has a long-standing involvement with a cassette or a CD, a VHS or a DVD, you were still pretty the legal services industry.

95 LEGAL TECHNOLOGY June 2019 · LAWTALK 929

LEGAL INFORMATION Two recent legal books

BY GEOFF ADLAM

Todd on Torts, 8th edition BY STEPHEN TODD, CYNTHIA HAWES, BILL ATKIN AND URSULA CHEER

First published in 1991, this has become established as one of the classics of New Principles of Criminal Law, 5th edition Zealand legal publish- BY ANDREW P SIMESTER AND WARREN ing. Its popular title BROOKBANKS has now become its official title, replacing As the title states, this the more descriptive is a comprehensive The Law of Torts in New analysis of the principles Zealand which was which underlie New used for the first seven Zealand’s criminal law. editions. General Editor A logical arrangement Stephen Todd notes that starts with a chapter while the last edition was published in early 2016, on the definition and some important developments in the torts field mean application of criminal a new edition is needed. The 26 chapters in what is law and a final, 21st now a massive tome give comprehensive coverage chapter ending with an to all aspects of the law of torts in this country. The essay on the moral limits focus is on explaining the law that has developed and of criminalisation. The considering the directions in which it is evolving both first edition appeared here and in other common law jurisdictions. Scholarly, 21 years ago and the authors say their commitment practical and authoritative, the cover states that it is “remains strong in explaining in clear and comprehensi- the book which is most frequently cited in decisions ble terms, the doctrines and rules of criminal law, both of New Zealand’s courts. in the general part and for specific offences of the Crimes Thomson Reuters NZ Ltd, 978-1-988553-81-8, April Act 1961”. The authors also state that since the 4th edition 2019, paperback and e-book, 1572 pages, $219 (GST six years ago, an increasingly confident Supreme Court and postage not included). is now building a modern criminal law for New Zealand through a series of leading decisions. “Thoughtful judg- ments have helped to make New Zealand’s criminal law Legal books jurisprudence an example of principled lawmaking for This information is compiled from books which the common law world.” Professor Neil Boister is author publishers have sent to LawTalk. It does not imply of the chapter on culpable homicide with Professors endorsement by the New Zealand Law Society Simester and Brookbanks writing the rest. The student and its objective is to provide information on market is a key focus, but this is a definitive text which books which might be of interest to the legal is often cited in our courts. profession. Purchase inquiries must be directed Thomson Reuters NZ Ltd, 978-1-988553-79-5, March to the appropriate publisher. 2019, paperback and e-book, 1100 pages, $150 (GST and postage not included). ▪

96 LAWTALK 929 · June 2019 CLASSIFIEDS · WILL NOTICES

Findlay, Linda Emily Rangitutia, Bruce Tau Would any lawyer holding a will for the above-named, Would any lawyer holding a will for the above-named, Will late of 35A Stirling Crescent, Mosgiel, who died on late of 20 Kelso Street, Tokoroa, aged 55 years, who 29 March 2019, please contact Jeff Holloway, Downie died on 8 December 2015, please contact Dianne Stewart Lawyers: Blue, North End Law:  [email protected][email protected]  07 849 9725 Notices  03 477 2262 or fax 03 477 4021  PO Box 20555, Te Rapa, Hamilton  PO Box 1345, Dunedin 9054 Reardon, Patrick Desmond Gelston, Arthur Johnston Would any lawyer holding a will for the above-named, Blackburn, Janice Dawn Would any lawyer holding a will for the above-named, late of Katikati Dairy Farmer, who died on 23 April Bobich, Anton late of Mititai Road, Mititai, please contact Lisa Walsh 2019, Aged 31, born on 5 September 1987, please Coleman, William of Brookfields Lawyers: contact Sue Adams of KaimaiLaw Katikati:     Doolan, William [email protected] 09 979 2219 [email protected] 07 549 4890  PO Box 56, Katikati 3166 Field, Thomas William Hunter, John Scott Findlay, Linda Emily Would any lawyer holding a will for the above- Reid, Pamela Joan Gelston, Arthur Johnston named, late of 17 Chauntler Close, Victoria Dock Would any lawyer holding a will for the above- Close, London E16, England, previously resided in named, late of Wainuiomata, Caregiver, born on 24 Hunter, John Scott New Zealand at 37 Saltburn Road, Milford, Auckland, September 1956, who died on 2 Januaury 2015, please Kerrigan-Crawford, Keri-John Edwin Retired, who died on 12 September 2018, born on 16 contact Shannon Marian McEwen, Collins & May Law: Leauga, Sharon May 1942, please contact Heather Nicol of Perpetual  [email protected]  04 576 1417 Guardian:  Level 4, 44-56 Queens Drive, Lower Hutt Lydford-King, Lesley Dawn  [email protected]  09 927 9454 Mitchelson, Edwin Parore  PO Box 1934, Shortland Street, Auckland, 1140 Toogood, William Ellery Channing Mitchelson, John Would any lawyer holding a will for the above-named, Kerrigan-Crawford, Keri-John Edwin late of Mititai Road, Mititai, please contact Lisa Walsh Mitchelson, Richard Would any lawyer holding a will for the above-named, of Brookfields Lawyers: Nash, Gilbert late of South Head, Airforce Officer, who died on 24  [email protected]  09 979 2219 Rangitutia, Bruce Tau April 2019, please contact Dave Pasley at Wardill Pasley Law: Tuna, David Rawiri Reardon, Patrick Desmond  [email protected]  09 424 9095 Would any lawyer holding a will for the above-named, Reid, Pamela Joan  PO Box 502, Silverdale, 0944 late of New Plymouth, Learning Assistant, born on Toogood, William Ellery Channing 27 August 1977, who died on 20 March 2018, please Leauga, Sharon (also known as Kay- Tuna, David Rawiri contact David Mayall, Niemand Peebles Hoult: Leauga, Sharon)   Walker, Christopher John [email protected] 07 959 1818 Would any lawyer holding a will for the above-named,  190 Collingwood Street, Hamilton Lake, Waru, Waru late of 39A Mead Street, Auckland, Company Manager, Hamilton 3240 Wilson, Bentha born on 2 December 1945, who died on 17 April 2019, please contact Graeme Skeates of Skeates Walker, Christopher John Wirihana-Schmidt, David Law Limited: Would any lawyer, particularly in the Wellington area, Xin, Changle   [email protected] 09 369 5230 holding a will for the above-named, of 55 Petrie  PO Box 56179, Dominion Road, Auckland 1446 Street, Wainuiomata, please contact Ruchelle Liut, PublicTrust: Blackburn, Janice Dawn Lydford-King, Lesley Dawn  [email protected] Would any lawyer holding a will for the above-named, Would any lawyer holding a will for the above-named,  PO Box 31543, Lower Hutt, 5040 late of Matamata, previously of Waterloo, Lower Hutt, late of 2 Linwood Avenue, Forrest Hill, Auckland, Retired, born on 6 August 1942, who died on 14 April Retired Teacher, born on 5 August 1950, who died Waru, Waru 2019, please contact Kevin Smith, Solicitor: on 5 April 2019, please contact James Drysdale, Would any lawyer holding a will for the above-named,  Hansen Bate: [email protected] late of SH 12, Ruawai-Dargaville, please contact Lisa     04 385 2507 PO Box 2420 Wellington [email protected] 06 873 0900 Walsh of Brookfields Lawyers:  PO Box 235, Hastings 4156 Bobich, Antoni  [email protected]  09 979 2219 Mitchelson, Edwin Parore Would any lawyer holding a will for the above-named, Wilson, Bentha late of Waimatenui East Road, Waimatenui, please Would any lawyer holding a will for the above-named, Would any lawyer holding a will for the above-named, contact Lisa Walsh of Brookfields Lawyers: late of 512 Aranga Station Road, Aranga, please late of 512 Aranga Station Road, Aranga, please   contact Lisa Walsh of Brookfields Lawyers: [email protected] 09 979 2219 contact Lisa Walsh of Brookfields Lawyers:  [email protected]  09 979 2219 Coleman, William  [email protected]  09 979 2219 Would any lawyer holding a will for the above-named, Mitchelson, John Wirihana-Schmidt, David (also known late of SH12 Ruawai-Dargaville, Central, please Would any lawyer holding a will for the above-named, contact Lisa Walsh of Brookfields Lawyers: late of 512 Aranga Station Road, Aranga, please as David Rewiti Wilson, David Rewiti Wirihana)  [email protected]  09 979 2219 contact Lisa Walsh of Brookfields Lawyers:  [email protected]  09 979 2219 Would any lawyer holding a will for the above-named, Doolan, William late of 8 Water Street, Otahuhu, Auckland, born on Would any lawyer holding a will for the above-named, Mitchelson, Richard 1 October 1947, who died on 6 April 2019, please late of Tokatoka Road, Tokatoka, please contact Lisa Would any lawyer holding a will for the above-named, contact Ainslie Allen (Eldest daughter): Walsh of Brookfields Lawyers: late of 512 Aranga Station Road, Aranga, please  [email protected]  021 777 252  [email protected]  09 979 2219 contact Lisa Walsh of Brookfields Lawyers:  [email protected]  09 979 2219 Xin, Changle Field, Thomas William Would any lawyer holding a will for the above-named, Would any lawyer holding a will for the above-named, Nash, Gilbert late of Auckland, Builder, born on 18 June 1984, who late of Bulls, who died on 2 September 2018, please Would any lawyer holding a will for the above-named, died on 14 April 2019, please contact David Chen, contact Mark Sinclair, Jacobs Florentine: late of Eventhorpe Rest Home, Hamilton, aged 88 Park Legal:  [email protected] years, who died on 25 February 2016, please contact  [email protected]  09 320 3133  06 358 8129 or fax 06 358 2100 Tony Lord at SPCA:  12-14 Como Street, Takapuna, Auckland, 0622,  PO Box 12-058, Palmerston North  [email protected]  03 344 2078 PO Box 331391, Takapuna, Auckland 07400

97 LEGAL JOBS · CLASSIFIEDS June 2019 · LAWTALK 929

CONSULTANCY POSITION OR PRIMARY ATTORNEY Advertise with us! New Zealand or Australia

LAWTALK OUR WEBSITES LAWPOINTS We are seeking a Professional Attorney for NZLS compliance purposes who is able to practice on their own account and be TAS qualified. We are an incorporated legal practice located in Brisbane Australia with 2 lawyers and a qualified legal executive. No work Contact our Advertising Co-ordinator: required unless the attorney is activated in which case airfares and expenses will be met. We will also consider a consultancy role (paid) to achieve this outcome with remuneration. May suit locum 04 463 2905 or retiree. All offers considered. Contact [email protected] or on +61 7 3733 1542 [email protected] to discuss

YOUTH ADVOCATE LIST COMMERCIAL/PROPERTY LAW PRACTICE FOR SALE PALMERSTON NORTH COURT The triennial Youth Advocate list appointment for The Palmerston Ready to be your own boss? We’re an North Court is underway. established sole practice in a fast-growing Applications are invited from legal counsel who consider themselves suitably qualified by reason of personality, cultural regional Wellington area. Our great background, training and experience to undertake work as a Youth reputation and client base has developed Advocate. over eleven years, and there’s potential for To apply please complete the application form and send with your CV to [email protected] further growth. Applications close 21 June 2019 Lisa Woods, Acting Service Manager, Youth/Criminal Jurisdiction Contact 027 4988 745 for further information.

PRINCIPAL TENANCY ADJUDICATOR Immigration Advisor Expressions of interests are invited from suitably qualified persons for the position of Principal Tenancy A great opportunity awaits for an Immigration Advisor to join us Adjudicator under the Residential Tenancies Act 1986. and build their practice. Increased client interest and business alliances are now driving our need to provide immigration advice The primary function of the Tribunal is to deal with and representation. If you have an existing specialist immigration disputes between tenants and landlords over a wide practice or want to progress your expertise and widen this area of range of matters affecting residential property. The your work then this may be an ideal opportunity to join our well appointee will be responsible for ensuring the orderly established and growing firm. and expeditious discharge of the business of the We expect you to be able to advise on the usual range of visa Tenancy Tribunal throughout New Zealand. applications including for family, work, investor, entrepreneur and business and retirement categories. The Principal Tenancy Adjudicator is appointed by the Governor-General on the joint recommendation of the About you: Minister of Justice and the Minister of Housing and · You are commercially focused; Urban Development. Appointment is for up to five · Have at least 4 years’ experience as an immigration advisor; years but may be renewed. · Have a passion for the industry and a self-motivated attitude; · Have outstanding time management skills; · Have excellent oral and written communication skills; and Section 67 of the Act requires the Principal Adjudicator · Are able to work under pressure in a busy and highly motivated to have held a practising certificate as a barrister or environment. solicitor of the High Court for at least five years, or an equivalent qualification. About Malley & Co Lawyers Malley & Co Lawyers employ over 50 staff and specialise is The position description and expression of interest Commercial and Property, Family Law, Trust & Estates, Employment form is available from the Ministry of Justice website Law and Dispute Resolution. www.justice.govt.nz/about/statutory-vacancies If you’re looking for a change, and the opportunity to lead and grow your career in a supportive and progressive law firm,please contact Mark Beale, General Manager, Malley and Co – 03 363 6360 or email mark. Expressions of interest are sought by Friday 21 June 2019 [email protected]

98 LAWTALK 929 · June 2019 CLASSIFIEDS · LEGAL JOBS

Junior and Intermediate Outstanding Litigation Lawyers lawyers required Gilbert Walker is a specialist advisory and dispute resolution practice based in Auckland. We practise across a broad range of civil disputes, including commercial, construction, insurance, property, trusts and regulatory matters. We are Due to growth and increased workload we currently acting on a wide range of interesting and challenging matters for high profile clients. have 3 exciting opportunities available in our leading Christchurch firm. We are seeking two lawyers to join our busy team, one with 1-3 years’ experience and one with at least 5 years’ Harmans has an enviable reputation both as an employer experience. We maintain a low ratio of senior to junior and for excellence in the law having served the Canterbury lawyers. You can expect to work with each of our three region for over 131 years. We are proud to be a signatory partners. All of our lawyers engage directly with our clients to the NZLS Gender Equality Charter and we have a and appear regularly in court and in other dispute resolution strong presence in a variety of professional committees. forums. We work in an open and collegial environment. Property and Commercial/Private Client We are interested in hearing from candidates with an outstanding record of academic and professional Lawyers achievement. We are looking for two lawyers with 1-3 years PQE who Applications should be sent to: Martin Smith, Gilbert Walker, are passionate about property. PO Box 1595, Shortland Street, Auckland, or emailed to One position will have a commercial property focus and be [email protected] involved in other commercial transactional work such as business sales and franchising. Ideally candidates for this role should have attained a commerce degree as well as For further information about our firm, please law. contact any of our partners or sta, or visit our The other will practice predominantly in the private client/ website: www.gilbertwalker.com conveyancing field but will be expected to cater for a variety of other legal needs of our valued clients including asset protection and trust work. Both will have excellent inter-personal qualities and communication skills and will possess a desire to build a practice in their respective areas. Each will operate in a team environment with appropriate degrees of autonomy and partner supervision.

Litigation Lawyer Senior Family Lawyer We are looking for a senior litigation lawyer with approx- imately 5 years post admission experience primarily in the civil and commercial litigation area.The successful Henderson Reeves is an established Northland firm candidate will have excellent academic ability in the law, with a history dating back four decades. Our main proven advocacy, negotiation and drafting skills and be innovative in resolving disputes in the best interests of office is in Whangarei with a fast-growing team in our clients. Handling all types of disputes, our team is Auckland. Our people are very important to us and particularly renowned in the insolvency area, estate and we pride ourselves on having a great culture and trust litigation, lease disputes, insurance and construction being great employers. matters and employment issues. We are seeking an experienced family lawyer to join The work will include immediate client contact, our family law team in Whangarei. The successful autonomous file handling – with partner supervision and assistance where appropriate and court appearances. candidate will have a comprehensive knowledge Opportunities exist for future advancement within the firm of family law, experience in the Family Court and for the right individual. effective practice management skills. You will also need to be proactive and passionate about the work you do for your clients. We offer a great work atmosphere in a modern office environment, a competitive remuneration package and We offer flexible working options, a supportive and a commitment to developing the skills and knowledge collaborative team environment and mentoring by base of our lawyers, including both internal and external highly experienced family lawyers. Northland offers professional development. affordable housing, beautiful beaches and a great climate! If this sounds like you please respond with a Applications should be emailed to kimwilkinson@ curriculum vitae to: hendersonreeves.co.nz by 21 June 2019. Please Julie Knowles include your CV. Practice Manager, [email protected]

99 CPD Calendar

PROGRAMME PRESENTERS CONTENT WHERE WHEN CIVIL LITIGATION AND EMPLOYMENT

EMPLOYMENT Bridget Smith At the heart of the employment relationship is the principle Webinar 13 Jun FUNDAMENTALS Andrea Twaddle of good faith, with employees and employers obliged to deal – MANAGING THE with each other fairly and reasonably at all times. Relatively RELATIONSHIP small issues can rapidly escalate and morph into much larger problems for your clients. This webinar will consider 1.5 CPD hours key aspects of the employment relationship including good faith, changing terms, disciplinary action and performance management.

NEW EMPLOYMENT Simon Mitchell This webinar will cover key changes under the Employment Webinar 26 Jun LEGISLATION Samantha Turner Relations Amendments Act 2018 including: hours of work and breaks, protections for vulnerable workers, collective 1.5 CPD hours bargaining and union rights, and 90 day trials.

LITIGATION SKILLS Director: This highly regarded residential week-long advocacy training Christchurch 25-31 Aug PROGRAMME Belinda Sellars QC course is open to applicants with at least two years’ litigation experience. It’s hard work, great fun and most participants 55 CPD hours Deputy Director: say it’s the most effective value-for-money course they’ve James Rapley QC ever attended! Course applications and Doulgas Wilson Scholarship applications close 5pm Wednesday 5 June.

INTRODUCTION TO CIVIL Roderick Joyce QSO QC This workshop is an excellent opportunity for recently Wellington 21-22 Oct* LITIGATION SKILLS Sandra Grant admitted practitioners to develop practical skills in civil Auckland 2 4-5 Nov* litigation in an intense small-group workshop. You will learn Nikki Pender 9 CPD hours how to handle a single file from beginning to end, be able Paul Radich QC to identify and understand the various steps in the process, develop the practical skills you need to handle this and a range of other litigation files, competently and confidently. Note: Douglas Wilson Scholarship applications for Wellington and Auckland 2 close 23 Sept*. COMPANY, COMMERCIAL AND TAX

DECEPTION IN Chair: The law has an array of approaches to deal with deception; Wellington 12 Jun COMMERCIAL DEALINGS Bob Hollyman QC some are somewhat arcane, while others have developed as Live Web Stream 12 Jun MASTERCLASS simple and effective ways to address the issues. It’s topical and continually relevant and pervades all areas of legal Auckland 13 Jun 6 CPD hours practice. The idea of this Masterclass is to delve into some key areas of interest – pitfalls when guiding a commercial deal from sales pitch to signature; understanding and identifying the best way to plead a claim; keeping an eye on the outcome when the case finishes. Importantly, we will also be dealing with the perennial issues and pitfalls which arise in advertising, and hearing from the .

COMMERCIAL LEASING Donna Hurley Whether acting for tenants or landlords it is always the Auckland 2 Jul UPDATE Tara Wylie priority of the commercial leasing practitioner to help Live Web Stream 2 Jul negotiate the best terms and conditions. This seminar will 2 CPD hours help ensure that you have an enhanced understanding of key provisions in lease agreements and are better equipped to provide your clients with robust advice. CRIMINAL

DUTY LAWYER TRAINING Local Presenters Duty lawyers are critical to the smooth running of a District Various Jun-Oct PROGRAMME Court list. Here is a way to gain more of the knowledge and skills you need to join this important group. This workshop is 11* CPD hours made up of several parts. *CPD hours may vary, see website

For our FULL CPD calendar with programme details see www.lawyerseducation.co.nz OTHER PRACTICE AREAS Online registration and payment can be made at: CPD Calendar www.lawyerseducation.co.nz

PROGRAMME PRESENTERS CONTENT WHERE WHEN PROGRAMME PRESENTERS CONTENT WHERE WHEN CIVIL LITIGATION AND EMPLOYMENT CRIMINAL

EMPLOYMENT Bridget Smith At the heart of the employment relationship is the principle Webinar 13 Jun HOW TO RUN A JURY Fiona Guy Kidd QC Working in groups you will follow step-by-step the practical Invercargill 23 Jul FUNDAMENTALS Andrea Twaddle of good faith, with employees and employers obliged to deal TRIAL Craig Ruane aspects of preparing and conducting a jury trial. This Christchurch 24 Jul – MANAGING THE with each other fairly and reasonably at all times. Relatively workshop is a must for all practitioners who see themselves Wellington 30 Jul RELATIONSHIP small issues can rapidly escalate and morph into much as specialising in criminal law, who are already on the level 7 CPD hours larger problems for your clients. This webinar will consider one legal aid list, and are seeking inclusion in the level two Auckland 31 Jul 1.5 CPD hours key aspects of the employment relationship including good legal aid list, or have been recently appointed to the level faith, changing terms, disciplinary action and performance two legal aid list. management. INTRODUCTION TO Brett Crowley A practical two-day workshop covering the fundamentals of Auckland 2-3 Sep NEW EMPLOYMENT Simon Mitchell This webinar will cover key changes under the Employment Webinar 26 Jun CRIMINAL LAW PRACTICE being an effective criminal lawyer. This workshop will benefit LEGISLATION Samantha Turner Relations Amendments Act 2018 including: hours of work all practitioners wanting to be appointed to level one of the and breaks, protections for vulnerable workers, collective 13 CPD hours criminal legal aid list, and those recently appointed to level 1.5 CPD hours bargaining and union rights, and 90 day trials. one. Note: Douglas Wilson Scholarship applications close for Auckland 31 July. LITIGATION SKILLS Director: This highly regarded residential week-long advocacy training Christchurch 25-31 Aug PROGRAMME Belinda Sellars QC course is open to applicants with at least two years’ litigation FAMILY experience. It’s hard work, great fun and most participants ORANGA TAMARIKI ACT – Her Hon Judge Otene The Children, Young Persons and their Families (Oranga Christchurch 17 Jun 55 CPD hours Deputy Director: say it’s the most effective value-for-money course they’ve James Rapley QC ever attended! CHANGES Natalie Coates Tamariki) Legislation Act 2017 comes fully into force on 1 Wellington 18 Jun July 2019, bringing the most significant changes since the Course applications and Doulgas Wilson Scholarship Dr Allan Cooke original 1989 Act. Practitioners working in this area must Auckland 19 Jun applications close 5pm Wednesday 5 June. 4 CPD hours Darrin Haimona become familiar with the amendments, including important Live Web Stream 19 Jun Erin Judge changes to the Act’s principles, purposes and processes. This INTRODUCTION TO CIVIL Roderick Joyce QSO QC This workshop is an excellent opportunity for recently Wellington 21-22 Oct* 4 CPD hours in-depth seminar will inform you of the changes and guide LITIGATION SKILLS admitted practitioners to develop practical skills in civil Sandra Grant Auckland 2 4-5 Nov* you to Identify opportunities within your own practice to litigation in an intense small-group workshop. You will learn Nikki Pender advance the purposes of the Act. 9 CPD hours how to handle a single file from beginning to end, be able Paul Radich QC to identify and understand the various steps in the process, RELATIONSHIP PROPERY Sarah Bee Recent social and demographic changes have meant there Webinar 27 Jun develop the practical skills you need to handle this and a ISSUES FOR OLDER are now more relationships between people aged over 55. range of other litigation files, competently and confidently. Ewen Eggleston CLIENTS With the likely mix of separate and relationship property, Note: Douglas Wilson Scholarship applications for Wellington plus adult children and extended families, there can be tricky and Auckland 2 close 23 Sept*. 1.5 CPD hours issues when later-life relationships break down. This webinar will take a practical approach in considering some of the key COMPANY, COMMERCIAL AND TAX issues that can arise in separation cases when older clients are involved. DECEPTION IN Chair: The law has an array of approaches to deal with deception; Wellington 12 Jun COMMERCIAL DEALINGS some are somewhat arcane, while others have developed as Bob Hollyman QC Live Web Stream 12 Jun FAMILY VIOLENCE Liz Lewes The Family Violence Act and the Family Violence Webinar 3 Jul MASTERCLASS simple and effective ways to address the issues. It’s topical LEGISLATION – PHASE (Amendment) Acts constitute a major step in supporting the and continually relevant and pervades all areas of legal Auckland 13 Jun Chris Merrick TWO system to reduce New Zealand’s unacceptable rate of family practice. The idea of this Masterclass is to delve into some Tania Williams Blyth 6 CPD hours violence. Phase Two comes into effect from July 1, this year. key areas of interest – pitfalls when guiding a commercial This second stage of the legislation replaces the Domestic deal from sales pitch to signature; understanding and 1.5 CPD hours Violence Act 1995; and amends the Care of Children Act identifying the best way to plead a claim; keeping an eye on 2004, the Criminal Procedure Act 2011 and the Sentencing the outcome when the case finishes. Importantly, we will also Act 2002. be dealing with the perennial issues and pitfalls which arise in advertising, and hearing from the Commerce Commission. PROPERTY AND TRUSTS

COMMERCIAL LEASING Donna Hurley Whether acting for tenants or landlords it is always the Auckland 2 Jul TRUSTS CONFERENCE Chair: Greg Kelly Trust lawyers and trustees face unprecedented changes: Wellington 17-18 Jun UPDATE priority of the commercial leasing practitioner to help Tara Wylie Live Web Stream 2 Jul 2019 the Justice Committee of Parliament has recommended Live Web Stream 17-18 Jun negotiate the best terms and conditions. This seminar will that a new Trusts Bill be passed; the Law Commission has help ensure that you have an enhanced understanding of key Auckland 24-25 Jun 2 CPD hours 13 CPD hours proposed significant changes to the current “trust busting” provisions in lease agreements and are better equipped to provisions in family law; the drafting of trust documents provide your clients with robust advice. and changes to existing trusts will come under scrutiny; the Family Court will have greater jurisdiction over trusts. If you CRIMINAL work in the areas of trusts, estates, property and relationship property, you will need to understand these changes. DUTY LAWYER TRAINING Local Presenters Duty lawyers are critical to the smooth running of a District Various Jun-Oct PROGRAMME Court list. Here is a way to gain more of the knowledge and BUSINESS SHARES – Mike Atkinson The sale of shares in a business is becoming an increasingly Auckland 20 Jun skills you need to join this important group. This workshop is SALE AND PURCHASE prevalent method of purchase and can be advantageous made up of several parts. Mason Lockhart Live Web Stream 20 Jun 11* CPD hours where flexibility is required. The presenters will provide legal *CPD hours may vary, see website 2 CPD hours and accounting perspectives aimed at helping ensure that you are able to assist your clients to effectively navigate their way through this process whether you are acting for the vendors or the purchasers.

RESIDENTIAL PROPERTY Lauchie Griffin This small group intensive workshop offers you the Christchurch 15-16 Jul TRANSACTIONS Michael Hofmann-Body opportunity to be guided step-by-step through the Wellington 29-30 Jul conveyance of a stand-alone fee simple residential dwelling, Nick Kearney Auckland 12-13 Aug 13 CPD hours a cross-lease dwelling and a unit title property. Michelle Moore Hamilton 26-27 Aug Duncan Terris Anita Wan

To contact us | Visit: www.lawyerseducation.co.nz

For our FULL CPD calendar with programme details see www.lawyerseducation.co.nz Email: [email protected] | Phone: CLE information on 0800 333 111 OTHER PRACTICE AREAS Online registration and payment can be made at: www.lawyerseducation.co.nz

PROGRAMME PRESENTERS CONTENT WHERE WHEN PRACTICE AND PROFESSIONAL SKILLS

AML/CFT – YEAR 1 Henry Brandts-Giesen Lawyers and conveyancers have needed to be compliant Webinar 11 Jun LESSONS Neil Russ with the AML/CFT Act since 1 July 2018, and now need to be ready to file their first annual report with the Department of 1.5 CPD hours Internal Affairs. This webinar will take a practical approach to preparation and filing of the annual report and to helping practitioners navigate key issues that are emerging, including interpreting “captured activities”, best practice with efficient and effective due diligence, audit requirements and investigations.

KUA AO TE RĀ: Alana Thomas This one-day workshop is specifically tailored for lawyers and Wellington 24 Jun MĀORI CULTURAL Apimaera Thomas is designed to enhance your ability to connect with Māori who Auckland 25 Jun DEVELOPMENT FOR you may be working with as clients, stakeholders, partners, Christchurch 27 Aug LAWYERS or in another capacity. Experienced facilitators will guide you through an interactive day as you consider the who, why and 6 CPD hours the how to successfully engage with Māori in the law.

CREATING GREAT Chair: Are you the best employer you can be? Is your workplace Wellington 24 Jun WORKPLACES FOR Susan Hornsby-Geluk a safe, positive and sustainable one? Are you attracting Live Web Stream 24 Jun LAWYERS FORUM and retaining the staff you want? Can your law firm adapt to meet the challenges of the future? This forum brings Auckland 25 Jun 6 CPD hours together a group of highly experienced and successful practitioners who have grown successful practices and have dealt with many challenges. The presenters will openly discuss the issues and share their experience and practical advice to help you be the best employer that you can be.

TRUST ACCOUNT Philip Strang Under the Financial Assurance Scheme all practices operating Hamilton 18 Jul SUPERVISOR TRAINING a trust account must appoint a qualified trust account Wellington 24 Sep PROGRAMME supervisor. A candidate must be a lawyer and must pass the NZLS trust account supervisor assessments, which take Auckland 2 5 Nov Christchurch 12 Nov 7.5 CPD hours place during a full day programme. The training consists of self-study learning material (approx. 40-50 hours) to help you prepare for the assessments.

STEPPING UP – Director: All lawyers wishing to practise on their own account whether Auckland 2 25-27 Jul FOUNDATION FOR Warwick Deuchrass alone, in partnership, in an incorporated practice or as a Wellington 12-14 Sep PRACTISING ON OWN barrister, will be required to complete this course. Auckland 3 21-23 Nov ACCOUNT

18.5 CPD hours

MEDIATION PRINCIPLES Virginia Goldblatt A practical two-day workshop focused on the professionals Wellington 26-27 Jul AND PRACTICE David Patten in the mediation process, whether that is as advocates or mediators. You will learn new skills and also enhance and Adam Lewis 13 CPD hours adapt skills you currently possess so that you can improve your representation of parties at mediation and your knowledge of the role of a mediator. It can lead, if you wish, to a second workshop focused on training to be a mediator. Note: Douglas Wilson Scholarship applications close 26 June.

LEGAL EXECUTIVES Chair: Pam Harliwich A sell-out in 2017, the biennial “must attend” conference for Wellington 19-20 Aug CONFERENCE all legal executives. The conference recognises the specialist Live Web Stream 19-20 Aug role of legal executives in legal practice with a programme 11.5 CPD hours designed to be directly relevant to the day-to-day work carried out by the majority of legal executives.

TRUST ACCOUNT Philip Strang How do you keep a trust account in good order? This practical Auckland 18 Sep ADMINISTRATORS training is for new trust accounting staff, legal executives, Hamilton 19 Sep legal secretaries and office managers. 4 CPD hours

MEDIATION SKILLS AND Virginia Goldblatt Building on the prior workshop Mediation Principles and Auckland 18-19 Oct STRATEGIES – CIVIL/ David Patten Process (previously Mediation for Lawyers Part A) you COMMERCIAL, FAMILY, will learn and practise essential mediation skills in order Denise Evans EDUCATION DISPUTES to prepare to become a mediator. Will offer area-specific coverage as well as generic skills. 13 CPD hours

To contact us | Visit: www.lawyerseducation.co.nz Email: [email protected] | Phone: CLE information on 0800 333 111 Online registration and payment can be made at: LAWTALK 929 · June 2019 LIFESTYLE www.lawyerseducation.co.nz

LIFESTYLE PROGRAMME PRESENTERS CONTENT WHERE WHEN PRACTICE AND PROFESSIONAL SKILLS

AML/CFT – YEAR 1 Henry Brandts-Giesen Lawyers and conveyancers have needed to be compliant Webinar 11 Jun LESSONS Neil Russ with the AML/CFT Act since 1 July 2018, and now need to be ready to file their first annual report with the Department of A New Zealand 1.5 CPD hours Internal Affairs. This webinar will take a practical approach to preparation and filing of the annual report and to helping practitioners navigate key issues that are emerging, including interpreting “captured activities”, best practice with Legal Crossword efficient and effective due diligence, audit requirements and investigations. SET BY KUA AO TE RĀ: Alana Thomas This one-day workshop is specifically tailored for lawyers and Wellington 24 Jun MĀYĀ MĀORI CULTURAL Apimaera Thomas is designed to enhance your ability to connect with Māori who Auckland 25 Jun DEVELOPMENT FOR you may be working with as clients, stakeholders, partners, The answers to May's crossword are on page 104. Christchurch 27 Aug LAWYERS or in another capacity. Experienced facilitators will guide you through an interactive day as you consider the who, why and 1 2 3 4 5 6 7 8 9 Across continued 6 CPD hours the how to successfully engage with Māori in the law. 36 Time I met a beautiful woman (5) 37 Rescuers congregate around junction CREATING GREAT Chair: Are you the best employer you can be? Is your workplace Wellington 24 Jun WORKPLACES FOR Susan Hornsby-Geluk a safe, positive and sustainable one? Are you attracting Live Web Stream 24 Jun 10 11 to supply treatments (4-5) LAWYERS FORUM and retaining the staff you want? Can your law firm adapt 38 Banality to follow sticky sausage (4,3) to meet the challenges of the future? This forum brings Auckland 25 Jun 6 CPD hours together a group of highly experienced and successful practitioners who have grown successful practices and 12 13 have dealt with many challenges. The presenters will openly Down discuss the issues and share their experience and practical 14 1 A member of 5 down put up with you - advice to help you be the best employer that you can be. an' you, Kay, you say? (4-1-4) 15 16 17 18 TRUST ACCOUNT Philip Strang Under the Financial Assurance Scheme all practices operating Hamilton 18 Jul 2 Some start at the moment lodger SUPERVISOR TRAINING a trust account must appoint a qualified trust account Wellington 24 Sep PROGRAMME supervisor. A candidate must be a lawyer and must pass 19 20 became a 30 down surfer? (11) the NZLS trust account supervisor assessments, which take Auckland 2 5 Nov 3 Drink in letter (or vice versa) for St Paul, place during a full day programme. The training consists of Christchurch 12 Nov 21 22 23 7.5 CPD hours for example? (7) self-study learning material (approx. 40-50 hours) to help you prepare for the assessments. 24 25 4 Sleeping Beauty's name in lights (6) 5 I'm over and about pitch on no-frills bike, STEPPING UP – Director: All lawyers wishing to practise on their own account whether Auckland 2 25-27 Jul 26 27 28 29 rising before the end of June (8) FOUNDATION FOR Warwick Deuchrass alone, in partnership, in an incorporated practice or as a Wellington 12-14 Sep PRACTISING ON OWN barrister, will be required to complete this course. 6 Surfboard revenge held to be something Auckland 3 21-23 Nov 30 31 ACCOUNT in common? (6) 32 33 34 7 Spinning blade to lift gold from a place 18.5 CPD hours with 23s (7) 8 See 17 MEDIATION PRINCIPLES Virginia Goldblatt A practical two-day workshop focused on the professionals Wellington 26-27 Jul 9 To hell with possessions? (7) AND PRACTICE David Patten in the mediation process, whether that is as advocates or 35 36 mediators. You will learn new skills and also enhance and 16 See 30 Adam Lewis 13 CPD hours adapt skills you currently possess so that you can improve 17/8 He drummed up r-rotters after two your representation of parties at mediation and your bands (5,5) knowledge of the role of a mediator. It can lead, if you wish, to 37 38 a second workshop focused on training to be a mediator. 18/26 Stage direction from 30 down 16 Note: Douglas Wilson Scholarship applications close 26 June. - "Illiterately sign money bag you'd buy a nude." (4,7,2,1,4) Across LEGAL EXECUTIVES Chair: Pam Harliwich A sell-out in 2017, the biennial “must attend” conference for Wellington 19-20 Aug 17 Preys upon birds (6) 19 Principal to drop a chap would (3) CONFERENCE all legal executives. The conference recognises the specialist Live Web Stream 19-20 Aug 1 Mexican dish given to 7th century French 19 He owns greetings (3) 20 Slavic ending for 30 down sport (3) role of legal executives in legal practice with a programme Abbess (7) 21 Nice one about stirring adult with 23 Attractive suspension, good for a dip in designed to be directly relevant to the day-to-day work 11.5 CPD hours 5 Learnt by rote: "Me and Maureen "Move like Jagger" (8) 30 down (3,6) carried out by the majority of legal executives. standed up" (9) 22 Bird Queen deposed by the yellowtail 25 I 'elp raise (with lemon, lime, etc) TRUST ACCOUNT How do you keep a trust account in good order? This practical Auckland 18 Sep Philip Strang 10 Too acidic to snap? (5) amberjack (8) several starry sisters (8) ADMINISTRATORS training is for new trust accounting staff, legal executives, Hamilton 19 Sep legal secretaries and office managers. 11 Rogue 'as to hide trinkets again? 24 Resolution I'd perhaps initially make (3) 26 See 18 Someone at the door? (3-1-3-4) 26 Black gold? Time for a starflower(6) 27 Rising, nearly refer to air of divine 4 CPD hours 12 Judge rarebit to be melted (7) 28 5 across answer from the postman? (3,3) knowledge (7) MEDIATION SKILLS AND Virginia Goldblatt Building on the prior workshop Mediation Principles and Auckland 18-19 Oct 13 Propeller drops those who fly with it? 30 Quarter aid given to puppy (5) 29 Her raft travelled a greater distance (7) STRATEGIES – CIVIL/ David Patten Process (previously Mediation for Lawyers Part A) you (7) 32 A coming before I - surely that's self- 30/16 Play "Let wine flow about fallen COMMERCIAL, FAMILY, will learn and practise essential mediation skills in order Denise Evans 14 US chopper with one metal along the evident? (1,6) star" (7,4) EDUCATION DISPUTES to prepare to become a mediator. Will offer area-specific coverage as well as generic skills. middle (5) 34 Delivered from above: Barnet rain (3-4) 31 P.C. takes in bottom from a great 13 CPD hours 15 I hear you wise folk have your own 35 The degrees of precision with which distance (6) ways of speaking (6) current bird gives out houses? (11) 33 Vocally protects her pride? (5)

103 To contact us | Visit: www.lawyerseducation.co.nz Email: [email protected] | Phone: CLE information on 0800 333 111 LIFESTYLE June 2019 · LAWTALK 929

LIFESTYLE  ScreenWorks Law on the Telly Street Legal

BY CRAIG STEPHEN

Street Legal was an Auckland- based legal series centred round a lawyer, David Silesi, and his many trials (literally and metaphorically) and tribulations. Based, as Gary Gotlieb told me added before ‘based’ as Street Legal In the first series we learn that in his April 2019 LawPoints profile is as gaudy and fast-paced as the the firm, Wyeth & Associates, is in on his own career, it ran over four American law shows it seems to trouble, with the repossession agent seasons and racked up a remarkable take its cue from. making unwelcome visits. Loans are 52 episodes, as well as the pilot. Its formula, however, seemed to taken out to keep the firm afloat and The word ‘loosely’ can likely be be a winning one. Street Legal was cashflow issues are exacerbated by popular with viewers during its long Silesi’s tendency to spend time on run between 2000 and 2005, and non-paying cases. scooped the 2003 New Zealand TV The lawyers are therefore under Award for best drama series. pressure to accept all paying work – F L I G H T P A N D O R A E R E L I E While Gotlieb may have been the few questions asked. In one episode B A N A N A S C L O S E L Y inspiration, a Samoan lawyer was this leads them into representing T Q R K U R I chosen to exploit the show’s inner- serious criminals in a massive drug S H R I N K I N G V I O L E T E E O I B V city Ponsonby setting. Other key char- operation. X R A Y N E C T A R I N E S acters included Silesi’s ex-girlfriend A K N Joni, who is also a lawyer at the firm, Ex-junkie and an Q U A T R E F O I L G I V E angry judge M T N F U O and her new partner Detective Senior O B J E C T I F I C A T I O N Sergeant Kees van Dam (no relation In the opening episode, Ellis’s R R R S K I D M I N I M A L Z I L L I O N to Jean-Claude, Silesi notes), who Restaurant, David Silesi is called upon N N I E T O would provide an able foil for the to defend an ex-drug addict who, J A R G O N S W R E S T S lawyer throughout the series. despite claiming he has been clean for five years and is now a fundamen- Solution to May Repo man talist Christian with a Groundskeeper 2019 crossword In true trash TV style, David Silesi Willie-style Caledonian accent, is up Across and his colleagues use unorthodox on a drug possession charge. There’s Flight, Pandora, Bananas, Closely, methods to determine the truth, no witnesses to his alleged innocence, Shrinking Violet, Xray, Nectarines, which, naturally, always works out so the lawyer isn’t convinced he can Quatrefoil, Give, Objectification, the right way. And it’s not all legal clear Lachie. Asked if he believes his Minimal, Zillion, Jargons, Wrests. beagle court stuff as there’s plenty client is innocent he replies “I don’t of focus on the characters' personal believe he is guilty”. Down lives, which turn out to be messy A plan to force the arresting Feather, Iraqi, Hearken, Alluvia, and tumultuous. detective – van Dam – to bring up Disrobing, Relieve, Knockoffs, So at least New Zealand lawyers his client’s previous drug history in Yattering, Umbrina, Entrain, Luckier, can relate to the latter, and you court backfires, leading to a dressing Tilts, Voodoos. would hope less of the former. down by the judge, who barks at the

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TAIL END lawyer: “My chambers. Now”. A sub-plot develops around Silesi’s ute, which is stolen outside the court. Silesi and his brother Samson break into a supplier’s yard where they discover the ute in pieces. Four cases In court, a dodgy witness claims Lachie confessed the crime to him. So Silesi uses a bluff which forces the admission and Lachie is cleared. The dodgy character, about Deed, is then exposed as the man who planted the drugs and coerced the witness to lie. Without enough evidence to nail him, however, Silesi resorts to a method that footpaths isn’t taught at law school, ensuring Deed comes to the attention of the police. In a later episode in the first series, Dangerous Waters, Joni and the irritatingly ever-smiling rookie lawyer Once solely the domain of people on foot, footpaths Tim O’Connor (who looks about 15) are caught up in a are increasingly contested space in a world of e-and property rights case. Barry Bond, a wealthy boatyard non-e scooters, growing cycle traffic, skateboards, owner, is in a coma after a yachting accident, and his and, of course cars crossing them (rule 4.4 of the Land fiancee Lily is battling his chief employee, Muzz, for Transport (Road User) Rule 2004 requires a driver enter- control of the company. ing or exiting a driveway to give way to a pedestrian or Meanwhile, David Silesi has to face a formal com- rider on a footpath, cycle path, or shared path). Some plaint to the Law Society relating to a court incident two cases which revolved around footpaths: episodes earlier. After his client confesses on the stand to murder, the barrister argues that the client, Dean, is The Kerikeri Segway case suffering from a stress disorder and is unaware of what After a car accident in 1990, former Kaikohe hotel owner he is saying. He gets Dean to raise his hands, showing Neal Summers was left partially disabled. In spite of a his bandages, seeping blood, around his wrists. The court total knee replacement operation in 2009, he suffered is in uproar over this ploy, but the jury is moved and chronic pain and could only walk short distances. Mr returns a finding of manslaughter rather than murder. Summers found that a Segway PT was the answer. This is a two-wheeled self-balancing personal transporter Ray Woolf the strangler (hence the “PT”). Battery-powered, it has a top speed Other episodes were entitled Good Cop/Bad Cop, Heroin of 20 km/hour. Three times between March and June Chic, Ladykiller, and Who Lives By The Sword, which give 2011 Mr Summers was cruising along a footpath in an indication of where the series was going. By the fourth Kerikeri when he was stopped by police and issued series, the episodes took on running themes, hence Blast with infringement notices. Little did he realise this was From the Past Pts 1-3, Juice Pts 1-3 and Officer Down which the start of three years of court proceedings. Among also stretched over three episodes. several charges laid against him were three of driving By the third series the firm’s director/senior partner (no a motor vehicle along a footpath. one bothers to say exactly which it is) Peter Wyeth has At issue, of course, was whether the Segway was a died, and David and Joni step up to try to save the firm. motor vehicle (and therefore prohibited) or a mobility There’s lots of chasing, running, and tough talking device which came within a legislative exception (and in the interview room, all of which is reflected in the allowed). Believing there was an important matter of opening credits, which are more akin to a 1970s cop principle involved, Mr Summers chose to defend the show. Financial matters are a mere detail. Ray Woolf charges. He decided to do this himself without counsel, (yes, that Ray Woolf) even appears in one show as a in spite of being urged to get a lawyer by the Judge in misogynist strangler. the first proceedings. For some unknown reason the It’s true low-brow TV with a ludicrous ménage-a-trois Police didn’t disclose that they intended to call expert storyline, that becomes tedious as the series goes on. evidence about classification of the Segway until two And you can imagine what the court scenes are like weeks before the trial. Mr Summers wanted to call his with ‘objection’ shouted by the opposing learned friend own expert from Segway, but it would have taken six at every available opportunity. weeks for him to arrive. The Police refused to agree to But, with its Kiwi slant, it’s far more bearable than a change of hearing date and Mr Summers reluctantly what viewers have to endure from other countries. And agreed. He turned up to court on 23 March 2012 and the music is by Don McGlashan. was subsequently “convicted” for seven infringement Street Legal isn’t available on DVD, but, while it some- offences and fined between $150 and $200 for each. times gets shown in South Sudan (seriously) the first Still without representation Mr Summers appealed. episode and the pilot are available to watch via the In his 13 July 2012 decision Toogood J very quickly search function at nzonscreen.com ▪ set aside the convictions, with the Crown conceding

105 TAIL END June 2019 · LAWTALK 929

that they should not have been entered when the appellant is clear that the appellant must have had was found guilty of an infringement offence. He then decided the foresight that the consequences of the there were arguable grounds for resisting the proposition that course of driving which he followed may the Segway PT was a motor vehicle and remitted the matter to well have been dangerous to legitimate the District Court for rehearing. users of the footpath and it is also clear The final chapter took place in the Kaikohe District Court in … that he intended to continue driving June 2013, with Judge Simon Maude delivering his decision on along the footpath up the hill regardless 12 March 2014 (Police v Summers [2014] DCR 268). After experts of the risk to the pedestrian who was on had given evidence on both sides (and the defendant had cited the footpath walking down. Mr Claessens various Wikipedia articles), Mr Summers was found not guilty. In was reckless about the safety of that deciding whether the Segway PT was a mobility device, Judge pedestrian and imperilled his safety to Maude said he was satisfied on the balance of probabilities that the extent that the pedestrian, reasonably it was. It was designed and constructed (ie, not merely adapted) enough, felt it necessary to take evasive for use by persons requiring mobility assistance due to a physical action,” Williams J decided. or neurological impairment, and it was solely powered by a motor with a maximum power output not exceeding 1500 watts. God never intended to However, “it is not possible, or necessary, for me to determine obstruct footpaths whether all Segways comply with the … device exemption”. Mr The occupation of footpaths and public Summers was free to continue Segwaying along the nothern spaces by individuals or groups to set up footpaths. places of worship is a major problem in India. In September 2011, tiring of contin- The car on the Tauranga footpath ued lawsuits around illegal occupation, Summer 1997 and a Mr Awa was peacefully walking down the the Supreme Court directed the chief sec- footpath on the hill on Tauranga’s Third Avenue “minding his own retaries of states and territories to ensure business” as the District Court Judge later found. A Mr Claessens that no further land was encroached in (first names are lacking) drove down Third Avenue and spotted their districts and to remove any new Mr Awa as he passed him. Messrs Awa and Claessens had both religious structures. Monthly reporting been members of the Filthy Few gang, but Mr Awa had left and by district magistrates was ordered. it was alleged he owed them money. Mr Claessens turned his car Nothing changed. No reports were ever around at the bottom of the hill and deliberately drove back up filed by any of India’s 29 states and seven the hill towards Mr Awa, with his left hand wheels on the footpath territories. The Supreme Court is getting and the right hand ones remaining on the carriageway. Mr Awa angry. An order on 8 March 2019 directed was forced to jump out of the way. Mr Claessens stopped and compliance – with absolutely no response. “there was an altercation between the pair”. Now Justices Gopa la Gowda and Arun Mr Claessens was charged with reckless driving. He was Mishra have warned of “serious conse- convicted of such in the District Court and lost his appeal to quences of non-compliance”. “None of the High Court. The question of recklessness loomed large. “It the states are doing anything to comply

Notable Quotes

❝ It was fun but also very stressful because I’m a perfectionist. ❝ We are aware of toxic masculinity and we are aware of rape I thought, maybe this isn’t what I want to do for the rest of myths and we are trying to work with the courts and with my life.❞ the law to make the complainant’s stay in court easier.❞ — Former Public Defence Service lawyer Alex Mills, 28, who has — Auckland barrister Annabel Cresswell tells TVNZ’s Breakfast just graduated from Police College with the Police Minister’s show that defence lawyers want to make the court process award for being top student in her wing. easier for sexual assault complainants.

❝ And it just – it irritated me. This is somebody whose entire ❝ I don’t blame my upbringing, I don’t blame my neighbourhood, public persona is something that I fundamentally oppose.❞ I don’t blame my father’s drug addiction. The most important — Toronto lawyer Jack Siegel who discovered that white thing is that I’ve broken the cycle.❞ supremacist municipal election candidate Faith Goldy had — Former Mafia lawyer Thomas Lee after being sentenced to copied extensively from past electoral submissions he had time served – three days – in New York for admitting to written to present her own submission opposing an audit abusing his power as a lawyer to pass messages between of her mayoral campaign. Mafia members.

106 LAWTALK 929 · June 2019 TAIL END

with the Supreme Court’s directions. God never intended to obstruct footpaths and pavements or encroach upon public land,” they said in a 19 April 2019 judgment. They went on sternly: “Are our orders passed for keeping in cold storage? The chief secretaries have no respect for the highest court. We will show them what the court can do. They do not deserve any leniency.” Furious cycling in Salford In August 2017 Marlene Crossley was coming out of a corner shop in Salford, England when she was knocked down by cyclist Jesus Medina who was riding on the footpath. Mrs Crossley, aged 72, was spun around by the impact and one of her hips was broken. She needed surgery, but did not recover full mobility. Mr Medina, 24 and a photography student, was charged with “causing harm by wanton and furious driving”, a law framed in 1861 to prosecute carriage drivers. The use of the obscure law – with a maximum penalty of two years’ imprisonment – and the injury to an elderly pensioner made the resulting court proceedings national news. After an appearance in the Manchester have shown genuine remorse,” he said “…and it is unnecessary Crown Court, Mr Medina was required to for me to impose a period of imprisonment.” He then stated pay Mrs Crossley £750 in compensation that cyclists riding on footpaths were “potential killers” who and to carry out 40 hours of community posed a serious risk to pedestrians and faced jail if they were work. He avoided a harsher penalty it caught after knocking someone down. In March 2018 after Kim appears because he stopped to assist Briggs, 44, was knocked over and killed by bicycle courier Charlie her and then offered to do odd jobs for Alliston the UK Department of Transport said it was considering a her husband while she was in hospital. recommendation that cyclists involved in fatal accidents should Judge Anthony Cross QC was plainly be charged with a new offence of causing death by dangerous willing to consider jail: “I accept you cycling. ▪

❝ He’s actually making sure that Corrections is following the ❝ We made them pay for their own mediation. We made them law. If he’s succeeding and bringing to the court’s attention pay for everything. We said they should pay for the welfare issues inside our prisons, then that could be seen as an act of the child. They should pay for expert report writers. I of public service, and a good use of prisoner time.❞ think that was just putting too much of a burden on people — Otago Legal Issues Centre director Bridget Toy-Cronin who are already trying to sort out the difficulties in their comments on news that the Department of Corrections relationship.❞ has paid around $330,000 to Crown Law to defend seven — Auckland University law professor Mark Henaghan comments proceedings brought by prisoner Phillip Smith. on the impact of the 2014 Family Court reforms.

❝ My working patterns have changed by working remotely. I ❝ Lawyers and other legal professionals must be able to work have no commute at all, and I practise law at times in my in environments that are safe and supportive. Bullying and pyjamas.❞ sexual harassment is never appropriate, and the profession — Lisa White, 58, who, along with her 63-year-old husband must do all it can to stamp out such misconduct.❞ Dan Butler, moved to Greymouth from Tennessee in 2015 — IBA Human Rights Institute Director Baroness Helena Kennedy for a better lifestyle. However, their permanent residency QC, commenting on the release of an IBA survey of 6,980 applications were instantly rejected by Immigration New legal professionals from 135 countries which found high rates Zealand because they were both aged over 55. of bullying and sexual harassment in the legal profession.

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