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Download Lawtalk Issue 929 (PDF File, 17.77 ISSUE 929 · June 2019 Finding the perfect role New Zealand 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 Page 36 Page 40 Page 42 Page 66 19NZCRS09BA01.pdf 2 28/05/2019 11:43 AM C M Y CM MY CY CMY K Do mark-ups make a mess of your documents? Lexis® Draft’s Contract Companion scans your Less time. documents for errors and risks so you can quickly locate and correct reference mistakes, incomplete Less mess. items, numbering issues and more. Reduce risk and deliver accurate documents faster with Lexis Draft. Lexis® Dra t | LexisNexis.co.nz/Brushstroke Lexis Draft and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2019 LexisNexis NZ Limited. All rights reserved. 19NZCRS09BA01.pdf 2 28/05/2019 11:43 AM Our commitment At MAS, we’re committed to doing what we can to make a positive impact on the health and wellbeing of future generations of New Zealanders, and to a more sustainable country. It’s why we’ve implemented a socially responsible investing approach across $1.4 billion of superannuation funds and insurance reserves and do not invest in the manufacture and sale of armaments, tobacco, or the exploration, extraction, refining and processing fossil fuels. Talk to us about our socially responsible Retirement Savings and KiwiSaver plans today C by calling 0800 800 627 or visit mas.co.nz M Y CM MY CY CMY K Philips SpeechLive Secure cloud dictation Do mark-ups make a mess of your documents? Sign up now and get one Lexis® Draft’s Contract Companion scans your Less time. documents for errors and risks so you can quickly transcription licence free locate and correct reference mistakes, incomplete of charge for the first year. 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Voicex_SL_180x130_May.indd 1 27.05.2019 15:23:17 289 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 lawyer ▹ 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 ABOUT LAWTALK the law, for the purpose of upholding the rule of law and of the hardcopy LawTalk may be cancelled by emailing LawTalk is published monthly by the New Zealand Law facilitating the administration of justice in New Zealand. [email protected] and stating “please Society for the legal profession. It has been published cancel LawTalk hardcopy” and advising name, lawyer ID SUBMISSION OF MATERIAL since 1974 and is available without charge to every New (lawyer login), workplace and address. Zealand-based lawyer who holds a current practising All contributions, letters and inquiries about submission SUBSCRIPTIONS certificate.LawTalk is also distributed to others involved of articles should be directed to the Managing Editor, in the justice system or legal services industry. These [email protected]. Non-lawyers and lawyers based outside New Zealand include members of the judiciary, legal executives, may subscribe to LawTalk by emailing subscriptions@ ADVERTISING librarians, academics, law students, journalists, Members lawsociety.org.nz. Annual subscriptions in New Zealand of Parliament and government agencies. Total LawTalk Advertising inquiries should be directed to advertising@ are NZ$145 for 11 issues (GST and postage included). circulation is around 13,400 copies. lawsociety.org.nz. Information on rates, deadlines and Overseas rates are available on request. conditions is available on the Law Society website under ABOUT THE LAW SOCIETY ENVIRONMENTAL STATEMENT News and Communications/LawTalk. The Law Society The New Zealand Law Society was established on has a strict policy of not publishing articles in exchange LawTalk is printed on Sumo Matte. This is an 3 September 1869. It regulates the practice of law in for advertising. environmentally responsible paper. Forestry Stewardship New Zealand and represents lawyers who choose to be Council (FSC) certified, it is produced using Elemental LAWTALK ONLINE members. The powers and functions of the Law Society Chlorine Free (ECF) Mixed Source pulp from Responsible are set out in the Lawyers and Conveyancers Act 2006. As An online version of LawTalk is available on the New Sources and manufactured under the strict ISO14001 well as upholding the fundamental obligations imposed Zealand Law Society’s website at www.lawsociety.org. Environmental Management System. The FSC is an on lawyers who provide regulated services, the Law nz. A link to the latest online LawTalk is emailed to all international non-profit, multi-stakeholder organisation Society is required to assist and promote the reform of practising lawyers each month after publication. Receipt which promotes responsible management of the world’s 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 forests. FSC certification is internationally recognised as the most rigorous environmental and social standard PEOPLE for responsible forest management. The paper used to produce LawTalk meets FSC requirements at all stages PRESIDENT Tiana Epati DIGITAL CONTENT EDITOR SENIOR DESIGNER along the production cycle. The shrink wrap used for Craig Stephen · 04 463 2982 Andrew Jacombs · 04 463 2981 VICE PRESIDENTS delivery of LawTalk is 27 micron biodegradable film [email protected] [email protected] Nerissa Barber (Wellington) manufactured in New Zealand. This degrades naturally. Herman Visagie (Central North Island) LEGAL WRITER DESIGNER If you wish to discard LawTalk, please recycle it. The Tim Jones (Auckland) Tracey Cormack · 04 463 2936 Sophie Melligan wrapping may be composted. Andrew Logan (South Island) [email protected] [email protected] CONTACT DETAILS EXECUTIVE DIRECTOR COMMUNICATIONS ADVISOR JUNIOR DESIGNER 26 Waring Taylor Street, Wellington 04 472 7837 Helen Morgan-Banda (SOCIAL MEDIA) Nina Gillanders PO Box 5041, Wellington 6140, New Zealand Jamie Dobson [email protected] MANAGING EDITOR AND DX SP 20202 [email protected] COMMUNICATIONS MANAGER ADVERTISING Geoff Adlam · 04 463 2980 WEBMASTER 04 463 2905 ***** FPO ***** [email protected] Miranda Kaye · 04 463 2990 [email protected] [email protected] Placeholder for SENIOR PRINTING AND DISTRIBUTION FSC Certificate COMMUNICATIONS ADVISOR DIGITAL CONTENT SPECIALIST Format Print, Petone, Wellington PLEASE ***** FPO ***** Nick Butcher · 04 463 2910 Angela Ludlow ISSN 0114-989X (Print) RECYCLE [email protected] [email protected] ISSN 2382-0330 (Digital) 5 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 Dunedin, 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.
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