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ISSUE 913 · DECEMBER 2017 NZ Relationship GDPR Sexual harassment The fine Property compliance in in the NZ legal art of Survey four steps workplace billing Page 23 Page 28 Page 34 Page 37 Don’t miss out on John Earles webinar December Probate and Administration Law and Procedures Update 2017 | 2:30PM An in-depth look at the changes to probate and administration law and procedures that have 7 occurred over the past year with comment about the changes to rules and forms. Thursday Price: $160* *Webinar can be recognised as contributing 1 hours of cpd towards annual CPD requirements for lawyers under the Lawyers and Conveyancers Act Rules 2013. Visit https://store.lexisnexis.co.nz or call 0800 800 986 to place your order today! LexisNexis and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2017 LexisNexis NZ Limited. All rights reserved. MP112017CC Find out what CONCERNED Thomson Reuters is doing to help ABOUT AML? Infi nitylaw users Talk to us. comply with the new anti-money laundering requirements. Please contact us at [email protected] You only need one tool to rebuild your house completely. Don’t miss out on John Earles webinar December Probate and Administration Law and Procedures Update 2017 | 2:30PM An in-depth look at the changes to probate and administration law and procedures that have We believe that accurately calculating the cost of rebuilding your house if it’s destroyed should be our risk not yours. occurred over the past year with comment about the changes to rules and forms. This means you can rest easy knowing that you can rebuild your house to the fl oor area you provide us with. You work out 7 * the area, and provide us with some basic information about your property, and we’ll calculate the cost. It’s that easy. Thursday Price: $160* To fi nd out more about MAS House insurance, email us today at [email protected] or call 0800 800 627. *Webinar can be recognised as contributing 1 hours of cpd towards annual CPD requirements for lawyers under the Lawyers and Conveyancers Act Rules 2013. *Area replacement cover availability is subject to the MAS standard underwriting acceptance criteria at the time of application, and will not therefore be available in some circumstances. Where your house is damaged by a Visit https://store.lexisnexis.co.nz or call 0800 800 986 to place your order today! covered event, we’ll pay the reasonable costs to repair or rebuild the damaged parts of the house to a condition substantially the same as it was when it was new. If your property is a total loss, we’ll pay the reasonable costs to rebuild your house to the same fl oor area as is recorded in the policy schedule. Please see the full policy wordings which are available at mas.co.nz or by calling 0800 800 627. LexisNexis and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2017 LexisNexis NZ Limited. All rights reserved. MP112017CC 96 People in the law 26 · The truth, the whole 6 · Long-time Community Law chair truth and nothing but the steps down ▹ BY NICK BUTCHER truth... ▹ BY ANNABEL SANDERS 7 · On the move 28 · GDPR compliance in four steps ▹ BY BIANCA MUELLER 12 · NZLS at a glance 30 · From Russia with Love (and Trust) ▹ BY SALLY MORRIS Courts AND GEORGIA ANGUS 14 · Court and Tribunal hours over the 2017-18 Christmas AML/CFT and New Year period 32 · Practical tips on conducting customer 6821 Update due diligence ▹ BY LLOYD 16 · Dealing with the Commerce KAVANAGH AND TINA XU Commission ▹ BY JOHN LAND 18 · 'Eminem' case throws Practice up some important 34 · Sexual harassment in the issues ▹ BY RICHARD FLETCHER NZ legal workplace ▹ BY A 20 · Lifting our human rights NEW ZEALAND LAWYER game ▹ BY LYNDA HAGEN 37 · The fine art of billing: 21 · Enforcing restraint of What you really need to trade clauses in franchise know ▹ BY EMILY MORROW agreements ▹ BY DEIRDRE 40 · First Impressions - WATSON enhancing your Terms of 23 · New Zealand Relationship Engagement ▹ BY LISETTE SOLIS Property Survey 2017 41 · The disruptors are 8864 coming ▹ BY VALERIE BLAND 43 · Time for a CPD warrant of fitness ▹ BY KEN TRASS ABOUT LAWTALK SUBSCRIPTIONS AND CIRCULATION to [email protected]. Intending contributors of LawTalk is published monthly by the New Zealand Law Lawyers who want to access LawTalk online only may email articles and other input should contact the Managing Society for the New Zealand legal profession. It has been [email protected] stating “please cancel Editor in advance. The New Zealand Law Society reserves published since 1974 and available without charge to LawTalk hardcopy” and advising their name, lawyer ID the right to edit all material submitted for publication. every New Zealand-based lawyer who holds a current (lawyer login), workplace and address. This information NEW ZEALAND LAW SOCIETY practising certificate.LawTalk is also distributed to other is needed to ensure that names are extracted from the recipients involved in the justice system or the legal services automatic mailing list generation programme. The hardcopy The New Zealand Law Society was established in 1869. It industry. These include members of the judiciary, Law LawTalk subscription will then be cancelled. regulates the practice of law in New Zealand and represents Society associate members, legal executives, librarians, Non-lawyers and lawyers based outside New Zealand lawyers who choose to be members. The powers and academics, law students, Members of Parliament and may subscribe to LawTalk by emailing subscriptions@ functions of the Law Society are set out in the Lawyers government agencies. Lawyer numbers change over lawsociety.org.nz. Annual subscriptions may be purchased and Conveyancers Act 2006. As well as upholding the the year, but range from 13,000 upwards. Total LawTalk for NZ$145 (GST and postage included) for dispatch within fundamental obligations imposed on lawyers who provide circulation is normally around 13,400 copies. New Zealand, with rates on request for overseas. regulated services, the Law Society is required to assist Advertising inquiries should be directed to advertising@ and promote the reform of the law, for the purpose of SUBMISSION OF MATERIAL lawsociety.org.nz. The Law Society has a strict policy of upholding the rule of law and facilitating the administration not publishing articles in exchange for advertising. All contributions, letters and inquiries about submission of of justice in New Zealand. An online version of LawTalk is available on the New articles should be directed to the Managing Editor, LawTalk, ENVIRONMENTAL STATEMENT Zealand Law Society’s website at www.lawsociety.org.nz. A PO Box 5041, Wellington 6040 or [email protected]. link to the latest online LawTalk is emailed to all lawyers nz. Information on appointments and other changes in LawTalk is printed on Sumo Matte. This is an environmen- with a practising certificate each month after publication. the legal profession is welcomed and should be emailed tally responsible paper. Forestry Stewardship Council® 4 Contents 44 · Letters to the Editor 56 · New Zealand Criminal Cases Review Commission: The Legal Information Mediation Panacea to Miscarriages of 70 · New legal books 45 · Changing the way we Justice ▹ BY BRIDGET IRVINE received ▹ BY GEOFF ADLAM argue ▹ BY PAUL SILLS 57 · Judge Fred McElrea Restorative 71 · New Zealand Women's Law Justice online collection expands Journal ▹ BY ANGHARAD O'FLYNN Tikanga and Ture 65 · Feminist Judgements 46 · The Victoria University of Pro-bono of Aotearoa New Wellington Māori Law Students' 58 · Community mediation Zealand ▹ REVIEWED BY Society and its inspiring services pilot in South CAROLINE HICKMAN initiatives ▹ BY CARWYN JONES Auckland ▹ BY CRAIG STEPHEN Classifieds Practising Well 59 · Lawyers Complaints 73 · Legal Jobs 48 · How to truly enjoy your Service 74 · Will notices holiday ▹ BY KATE GEENTY 75 · More Legal Jobs Focus on 77 · NZLS CLE Ltd CPD Calendar The New Lawyer 64 · Focus On New 49 · 'Tis the season of summer Plymouth ▹ BY KATE GEENTY Lifestyle clerks ▹ BY KATIE COWAN 78 · Buy carefully on London Food Technology Tours ▹ BY JOHN BISHOP Pathways in the law 67 · What to do if you're 82 · Reflections from Peter 50 · Cooper Legal ▹ BY NICK BUTCHER hacked ▹ BY DAMIAN FUNNELL Garrett ▹ BY NICK BUTCHER 68 · Wagbot uses chatbot 85 · A New Zealand Legal Crossword Access to Justice technology ▹ BY ANGHARAD 54 · Spotlight on legal aid O'FLYNN 86 · Tail-end 69 · MyAdvice.Legal ▹ NICK BUTCHER CONTACT DETAILS (FSC®) certified, it is produced using Elemental Chlorine Free (ECF), Mixed Source pulp from Responsible Sources, and manufactured under the strict ISO14001 Environmental Management System. The 26 Waring Taylor Street, Wellington 6011 FSC® is an international non-profit, multi-stakeholder organisation 04 472 7837 [email protected] which promoted responsible management of the world’s forests. PO Box 5041, Wellington 6140, New Zealand, COMMUNICATIONS ADVISOR Angharad O’Flynn FSC® certification is internationally recognised as the most or DS SP 20202. 04 463 2902 · angharad.o’[email protected] rigorous environmental and social standard for responsible PRESIDENT Kathryn Beck SUB-EDITOR Craig Stephen forest management. The paper used to produce LawTalk meets BOARD 04 463 2982 · [email protected] FSC® requirements at all stages along the production cycle. Andrew Logan (South Island) SENIOR DESIGNER Andrew Jacombs The shrink wrap used for delivery of LawTalk is 27 micron Tiana Epati (Central North Island) 04 463 2981 · [email protected] biodegradable film manufactured in New Zealand. This degrades Tim Jones (Auckland) DESIGNER Sophie Melligan naturally. 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