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ISSUE 930 · July 2019 ISSUE 930 · JULY 2019 Legal Tech What does the Climate crisis: Using brain Public new union for the cold hard fingerprinting in insurance for legal workers facts court legal aid want? Page 42 Page 52 Page 72 Page 81 POSTGRADUATE LAW Elevate your knowledge “Doing a Master’s allows you to hone in on the area of law that you fi nd really interesting. You can engage with the topics, speak with other people who know a lot about the fi eld, pull it apart, get to know it well, write about it... and just fi nd that part of the law that makes you tick.” KATHLEEN HENNING, LLM STUDENT 1st QS TOP in New Zealand for research 100 quality among the world’s best (2018 PBRF) law schools APPLY NOW victoria.ac.nz/postgraduate-law POSTGRADUATE LAW Elevate your knowledge “Doing a Master’s allows you to hone in on the area of law that you fi nd really interesting. You can engage with the topics, speak with other people who know a lot about the fi eld, pull it apart, get to know it well, write about it... and just fi nd that part of the law that makes you tick.” Martelli McKegg welcomes KATHLEEN HENNING, LLM STUDENT Jacqueline Lethbridge to the partnership. The partners of Martelli McKegg are very pleased to announce that Jacque Lethbridge joined the partnership on 1 June 2019. Jacque is an experienced commercial and civil litigator specialising in insolvency and restructuring matters. Jacque has a reputation for taking on complex and challenging disputes and is often called upon by high-profile individuals and commercial entities with complex cases that require robust and innovative representation at the highest levels st QS TOP of the Courts. As well as running cases as Senior Counsel, Jacque 1 regularly works with senior Barristers and Queen’s Counsel. in New Zealand for research 100 Jacque joins the firm having been a partner or director of leading quality among the Auckland litigation firms for nearly a decade. world’s best (2018 PBRF) law schools Jacque can be contacted on +64 9 300 7628 or email [email protected] Phone: +64 9 379 7333 Fax: +64 9 309 4112 Web: martellimckegg.co.nz APPLY NOW Address: Level 20, PwC Tower, 188 Quay Street, Auckland victoria.ac.nz/postgraduate-law 169 New Zealand Law Society 29 · Reforms take family justice 6 · From the Law Society backwards, Law Foundation 7 · New Zealand Law Society research finds ▹ BY LYNDA HAGEN People in the Law Alternative Dispute 10 · On the move Resolution 16 · Lagi Tuimavave, 31 · Cognitive biases: challenging 6846 Wellington Family Law the way we think ▹ BY PAUL SILLS ▹ BY ANGHARAD O'FLYNN 34 · When is arbitration the best 19 · Warrick McLean, CEO, Coleman way of resolving a dispute? Greig Lawyers ▹ BY ANDREW KING ▹ BY ROBERT FISHER QC 20 · NZAL Lawyers successfully 35 · New Zealand lawyer behind launched ▹ BY MAI CHEN new Singapore mediation chambers ▹ BY NICK BUTCHER Update 24 · Imprisonment imposed Practising Well for violent attack on dog 37 · Are you being defined by ▹ BY ANITA KILLEEN your job? ▹ BY RAEWYN NG 26 · Directors’ duties and the 39 · Mental health in the workplace case for vulnerable trading? ▹ BY HUGH NORRISS ▹ BY RICHARD GORDON 5088 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. 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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 Practice 66 · The hawks helping lawyers Classifieds 42 · The new union for legal automate legal documents 84 · Will notices workers ▹ BY CRAIG STEPHEN ▹ BY TRACEY CORMACK 86 · Legal Jobs 46 · Catherine O’Connell - Setting 68 · Is software eating the 88 · CPD Calendar up sole practice in Japan law? ▹ BY JAMIE DOBSON ▹ BY TRACEY CORMACK 72 · Using brain fingerprinting in Lifestyle 50 · Oh the places you’ll go court ▹ BY EMMA PAIRMAN 90 · A New Zealand Legal ▹ BY MARK WILTON 74 · 5G: Big deal or not really? Crossword ▹ SET BY MĀYĀ 52 · Climate crisis: the cold hard ▹ BY DAMIAN FUNNELL 91 · The Devil’s Own - far facts about all that “hot 76 · How lawyers can successfully more than a fusty male air”▹ BY JENNY COOPER QC embrace social media preserve ▹ BY ALICE NUNN 57 · Sustainable Practice ▹ BY ANDREW KING 94 · Tail end Technology 78 · Lawyers Complaints 60 · Legal tech in New Zealand Service ▹ BY GEOFF ADLAM 64 · LegalTechNZ aims to promote Access To Justice benefits of technology 81 · Access to Justice: An insurance- ▹ BY NICK BUTCHER based proposal ▹ BY JOSS OPIE 65 · Nuix releases a SaaS eDiscovery solution to support the ‘New Law’ frontier ▹ BY CRAIG STEPHEN 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 Maria Pirela · 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 JulY 2019 · LAWTALK 930 NEW ZEALAND LAW SOCIETY From the Law Society anticipated work arising from that We all agree that justice jurisdictional expansion. delayed is justice denied. The District Court is entering The right of all New Zealanders to a stage of renewal over the next access a timely resolution of matters three years: 46 existing judges will before our courts is fundamental to be retiring by 2022. As the people’s the effective and functional oper- court, this renewal provides a ation of the justice system. Delay unique opportunity for the court to is not conducive to the wellbeing address gender and ethnic diversity of court users. Timely resolution is to reflect all in our society. required for everyone in the court At the beginning of the year system whether they are facing the Chief District Court Judge and criminal charges, are the victims Principal Family Court Judge invited of crime, witnesses, or are seeking practitioners around the country to a civil remedy or resolution of a seminars facilitated by NZLS CLE family matter. Time spent in the Ltd.
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