Law Talk 8 April 2016 885

What makes a good lawyer? Five perspectives from well-known figures in the New Zealand legal community

8 April 2016 · LawTalk 885

8 April 2016 LawTalk 885 Inside

6 Our Profession, Our People 12 Extraordinary, challenging and rewarding New Zealand Law Society President Chris Moore answers some questions about his time in the role. 14 What makes a good lawyer? LawTalk put this question to five well-known people. 7 21 letters to the Editor New Zealand’s Permanent Representative to the 22 practising well United Nations Security Council Gerard van Bohemen 1. Maintaining physical wellness 2. Lawyers and financial literacy 26 inside the law 1. But are you sure there is no will? 2. The rich vein of New Zealand judicial humour 30 practice Guidelines The Law Society’s website contains a wide variety of information and guidance. 32 Christchurch Justice and Emergency Services Precinct 13 Outgoing Law Society President Chris Moore 34 paris climate talks A case study in high-stake negotiations. 36 Wrong way round confusion 38 How technology is transforming the practice of law

40 Courts can be a ‘circuit- breaker’ for violence

43 NZLS CLE – CPD calendar 32 46 lawyers Complaints Service Construction under way on the Christchurch Justice Classified advertising and Emergency Services Precinct 48

3 LawTalk 885 · 8 April 2016

News Points LawTalk is published by the New Zealand legal executives, Members of Parliament, Law Society for the New Zealand legal pro- media, academics and others involved in fession. It is published fortnightly and has the legal services industry. Total circulation Historic law been published since 1974. LawTalk is sent ranges between 12,500 and 13,000 copies. The Parliamentary Counsel Office has been to every lawyer in New Zealand who holds a An online version of LawTalk is available on working with its free access partner, the New current practising certificate. Lawyer num- the New Zealand Law Society’s website at Zealand Legal Information Institute (NZLII), to bers change over the year, but range from www.lawsociety.org.nz. This contains most make historical legislative documents available 12,000 upwards. LawTalk is also sent to fur- of the articles included in each issue and a online. The latest results of this collaboration, ther recipients who include members of the full pdf file of each hardcopy issue may also Bills from 1949 to 2008, are now on the NZLII judiciary, Law Society associate members, be downloaded. website in PDF format at www.nzlii.org/nz/ legis/hist_bill/. ENVIRONMENTAL STATEMENT The collection will be added to over time and will extend back to 1854 when complete. The LawTalk is printed on Sumo Matte. This is an forest management. FSC® certification collection includes Bills that became Acts as environmentally responsible paper. Forestry means that the paper used to produce well as those that did not. Stewardship Council® (FSC®) certified, it LawTalk meets FSC®’s requirements at The Historical Bills Collection sits alongside is produced using Elemental Chlorine Free all stages along the production chain. the New Zealand Acts 1841–2007 As-Enacted (ECF), Mixed Source pulp from Responsible The shrink wrap used for delivery of Collection of historical Acts, at http://www.nzlii. Sources, and manufactured under the strict LawTalk is 27 micron biodegradable film org/nz/legis/hist_act/. ISO14001 Environmental Management manufactured in New Zealand. This degrades Work on providing as-made Statutory System. FSC® certification is internationally naturally. If you wish to discard LawTalk Regulations 1936–2007 is also nearing com- recognised as the most rigorous environ- please recycle it. The wrapping may be pletion. mental and social standard for responsible composted. Access to justice A new national campaign, calling on the government to take urgent action to help people Placeholder for FSC missing out on legal help, has been launched Certification in Australia. EDITOR Community Law Australia—Fund Equal Frank Neill · 04 463 2982 Justice is being led by the National Association [email protected] of Community Legal Centres (NACLC). The cam- Established in 1869, the New Zealand Law JOURNALISTS paign is being launched against the backdrop of Society regulates the practice of law in Nick Butcher · 04 463 2910 rising demand for legal help, but funding cuts New Zealand and represents the interests [email protected] to crucial Community Legal Centre services. of lawyers who choose to be members. The James Greenland · 04 463 2902 “Community Legal Centres provide essen- powers and functions of the Law Society are [email protected] tial legal help to those in need,” says Rosslyn set out in the Lawyers and Conveyancers SENIOR DESIGNER Monro, Campaign Spokesperson and NACLC Act 2006. As well as upholding the funda- Andrew Jacombs · 04 463 2981 Chairperson ahead of the launch. “New figures mental obligations imposed on lawyers [email protected] released today from the NACLC 2015 Census who provide regulated services, the Law DESIGNER reveal that CLCs are turning away more than Society is required to assist and promote Daz Yang · 04 463 7837 160,000 people each year. However, there is a the reform of the law, for the purpose of [email protected] looming 30% cut to national Community Legal upholding the rule of law and facilitating the ADVERTISING Centre funding next year.” administration of justice in New Zealand. Christine Wilson · 04 463 2905 [email protected] Human rights  26 Waring Taylor St, Wellington 6011, New Zealand WEBMASTER Miranda Kaye · 04 463 2990 The International Bar Association’s Human Rights  04 472 7837 [email protected] Institute published a report on 17 March calling  PO Box 5041, Wellington 6145, COMMUNICATIONS MANAGER for greater involvement of the legal profession New Zealand, or DX SP20202 Geoff Adlam · 04 463 2980 within the United Nations Universal Periodic President – Chris Moore [email protected] Review in order to maximise the impact of the Board – Allister Davis (South Island), international mechanism and ensure that the PRINTING & DISTRIBUTION John Unsworth (North Island), Kathryn administration of justice is at the forefront of Format Print, Petone, Wellington Beck (Auckland), Mark Wilton (Wellington) human rights protection. See www.ibanet.org/ ISSN 0114-989X (Print) Article/Detail.aspx?ArticleUid=ff3c19e5-3d38- Executive Director – Christine Grice ISSN 2382-0330 (Online) 46be-8d9c-b74f39c1ff60. Unless it is clearly indicated, the views expressed in LawTalk are not to be taken as those of, or endorsed by, the New Zealand Law Society. No responsibility whatsoever is accepted by the New Zealand Law Society for 4 any opinion, information, or advertisement contained in LawTalk. 8 April 2016 · LawTalk 885

From the Law Society

It has been a huge privilege

This will be my final column in my capacity as President of the New Zealand Law Society. The last three years have been busy and challenging but also enormously rewarding. I have been fortunate to be supported by an incredibly talented, energetic and enthusiastic Law Society staff whose advice has been invaluable. The work produced by the society, across all divisions, the specialist work of the sections through to law reform submissions is absolutely superb. In fact, politicians frequently comment to me on the importance, quality and value of those submissions. However, simply being industrious and producing work of the highest quality, on its own, will not have a great impact or influence. It is the relationship that the society has with outside agencies which has converted that great work into very tangible results. The last few years have seen a flurry of discussion documents and proposed new legislation. Enormous efforts, often under intense time pressure, have been made by lawyers around the country, dissecting, analysing and then commenting on proposed legislation, all as unpaid volunteers. Their skill and selfless contributions deserve recognition. Most of the legislative proposals, subject to minor changes, have represented improvements in our legislative framework but occasionally there are issues with which we have significant objection. On those occasions, it is the good relationship, frank, honest and robust conversations that we are able to have with the Ministry of Justice which have enabled us to secure better legislation. Credit should go to the Law Society and Ministry of Justice staff for the way in which so many of these, often sensitive issues, are dealt with for the benefit of all New Zealanders. Not being a litigator, my previous contact prior to taking on the presidency involved little interaction with the judiciary. However, I have been lucky enough to work closely with the various heads of bench over the last three years and have so admired the dedication, commitment and integrity of our judiciary. This has often also been reinforced to me when I have travelled to overseas jurisdictions where the quality and independence of our judiciary is clearly admired. I leave the role at a time where I see, in particular, two key issues for the profession namely, access to justice and the advancement of women in the profession. These are unlikely to be remedied in the next five years but we need to continue to strive for improvement. On the first issue, access to justice is such a fundamental tenet of a civilised society that we cannot afford to allow any section of society to be inadequately represented. On the advancement of women in the profession, this is a critical issue not just for women but for all practising lawyers. The quality of the profession is threatened if talented women leave because we have been unable to address their interests properly. I have no doubt that my successor, Kathryn Beck has the skills and determination to make advancement in both these areas. Finally, I have been lucky to have had the opportunity to represent the profession. It has been a huge privilege, quite demanding but enormously satisfying. Thank you for allowing me to be your President for the last three years. Chris Moore New Zealand Law Society President

5 LawTalk 885 · 8 April 2016 Our Profession, Our People

Dame Patsy will be New Zealand’s 21st Governor-General. She is the third woman to hold the position alongside Dame Catherine Law firm Our Tizard and Dame Silvia Cartwright. Senior Public Defence news Service lawyer Hermann Profession Retzlaff has been Minter Ellison Rudd appointed Attorney-General Watts has appointed for Samoa. Mr Retzlaff is Mike Schubert as its a board member of the new Chief Executive, Our People Waitemata Community Law effective 1 May 2016. Centre and is a past-presi- Mike was admitted Hermann Retzlaff dent of the Pacific Lawyers to the PwC partner- Former lawyer Dame Patsy Association. When he takes up the position on 18 ship in Wellington in Reddy will be the next April he will be following in the footsteps of his 1988, initially work- Mike Schubert Governor-General of New father Misa Telefoni Retzlaff who was Samoa’s ing in Assurance before moving to the Zealand. Attorney-General from 1986 to 1988. Ministry of Auckland Corporate Finance Practice in “On behalf of the legal Justice Chief Executive Andrew Bridgman has 1998. Mike was instrumental in setting profession I welcome the congratulated Mr Retzlaff on his appointment. up the PwC IFRS conversion practice news that she has been “Mr Retzlaff has made a significant contribution to which enabled the firm to capitalise from

Dame Patsy Reddy appointed to this very the work the Ministry of Justice’s Public Defence the opportunity of a once in a generation important role,” New Service in the Auckland region,” Mr Bridgman change in financial reporting require- Zealand Law Society President Chris Moore says. “Over the last six years he has worked in ments. Mike later assumed lead partner said in congratulating Dame Patsy on her the Auckland, Manukau and Waitakere offices roles for some of their largest and most appointment. as a senior lawyer and most recently as Acting complex clients. “The constitutional significance of Governor- Deputy Public Defender on the North Shore. In General means the position must be filled by November Mr Retzlaff was one of two Public Technology law firm someone of the highest integrity. We are con- Defence Service lawyers providing professional Simmonds Stewart fident that Dame Patsy is such a person and a leadership at a programme for Pacific Island has appointed worthy successor to Sir Jerry Mateparae who lawyers in Samoa.” Victoria Stewart as has carried out the role with dignity and in a chief executive officer manner which represents all New Zealanders. Holland Beckett partner of the firm. Victoria “Dame Patsy began her working life as a Mark Beech has been has also re-joined the lawyer and was the first woman to be appointed reappointed vice-chair of firm as a partner, after partner in her law firm, which is now one of New the board of Resolution working part-time in Victoria Stewart Zealand’s largest.” That firm is now known as Institute. Mr Beech was 2016. A commercial lawyer, with a par- Minter Ellison Rudd Watts. treasurer of LEADR NZ ticular focus on the tech community, “She has gone on to achieve many things in from 2005-2011 and chair Victoria founded Simmonds Stewart the private and public sectors, in governance of LEADR NZ from 2011- with Andrew Simmonds in 2006. With and consulting roles. However, being one of the Mark Beech 2013. When LEADR and the creation of the new chief executive first women to move into a leadership role in IAMA merged to become Resolution Institute, role, Andrew will become chairman of the legal profession is something to celebrate. Mr Beech joined the new organisation’s board. partners. The profession is still working to achieve a balance in gender and we are proud that our new Governor-General will have been one of the pioneers,” Mr Moore says. conveymaestro cloud based conveyancing it. “I am delighted Dame Patsy accepted the It’s the cloud based conveyancing role,” says Prime Minister John Key. “She is a passionate New Zealander, a well-respected software that’s got everyone talking businesswoman and a staunch supporter of our conveyit Maestro is an automated cloud based conveyancing creative sector. system designed by New Zealand Lawyers for New Zealand “She is thoughtful, articulate and has a brilliant Lawyers Professionals and Conveyancers legal mind. I am sure New Zealanders will be proud to have her as our Governor-General.” www.conveyit.co.nz 0508 33 22 88 Dame Patsy will serve a five year term starting on 14 September. 6 Our Profession, Our People 8 April 2016 · LawTalk 885

On the edge of global conflict

Dealing with situations where there is conflict between parties is part of many lawyers’ work. This is the case, too, for Gerard van Bohemen, except that much of his role is on the edge of major international conflicts. Mr van Bohemen is New Zealand’s Permanent Representative to the United Nations Security Council. He describes his appointment as “a great honour. Not many people have the opportunity, so I’m very appreciative of that.” This is only the third time New Zealand has been on the council. “We were on in the 50s and then in the 90s when I was one of the deputy permanent representatives. “So I’ve had an opportunity that very few people have had, and I’ve had it twice, which is very fortunate.” The UN Security Council has 15 members. Five members are permanent and the other 10 are elected for two-year terms. These 10 seats are allocated among the various regional groups. The Western European and other Gerard van Bohemen group, of which New Zealand is part, has two seats. When these two seats came up for election in October 2014, New Zealand, Turkey and Spain contested the ❝ I’ve had an discussion to talk about decision-mak- election. New Zealand was successful on the first ballot. ing, including the use of the veto. It was Needing two thirds of the 193 states voting, New Zealand opportunity “something of a diplomatic triumph” received 145 votes. (Spain had to battle things out with even to get all 15 members to show up Turkey over two further rounds before it was elected.) that very few because a few of the permanent mem- people have bers were not enthusiastic. “But they Big success came and we had a spirited discussion “It was a big success. I have to say it was the most had, and I’ve which gave the elected members the successful campaign we have ever run,” says Mr van chance to say some of the things that Bohemen, who has been the Government’s International had it twice, rankle about the permanent members’ Legal Adviser and Director of the Legal Division of the which is very domination of council processes.” Ministry of Foreign Affairs and Trade and then the Deputy The elected members of the council Secretary responsible for Multilateral and Legal Affairs fortunate have the privilege or the burden of chair- before his posting to New York early last year. ing the various sanctions committees Following its election, one New Zealand focus on that the council has established. the council has been “to try and change the dynamic “I chair the Al-Qaeda and ISIL sanc- a little bit – to get people to talk more about how we tions committee, which is the most can make things better rather than stating things for significant committee given the events a non-existent record”. of the moment. We meet two or three On the first day of New Zealand’s presidency of the times a month depending on what’s council – in July last year – New Zealand convened an happening. informal breakfast of permanent representatives. The “We discuss whether some entities aim was to have an unscripted direct discussion among should be listed as terrorists, and then the permanent representatives – “something that had we might get reports – for example, from not happened in our first six months on the council. the monitoring team of their investiga- The permanent representatives seemed to enjoy the tions of the oil trade with ISIL in Syria. experience. Our example has been followed in nearly “We then decide how to bring that every presidency since. The aim is to encourage a greater information to the council,” Mr van focus on problem solving.” Bohemen says. Also in July 2015, New Zealand convened an informal Continued on next page...

7 LawTalk 885 · 8 April 2016 Our Profession, Our People

When speaking with LawTalk, Mr ❝ You can don’t have automaticity of implementation, we don’t van Bohemen referred to some of the have a police force, we don’t have a coercive court that international conflicts that the Security have an imposes its will, so you rely mainly on persuasion. Council has been involved with recently. “But from a small country perspective such as New Much of the recent focus has been on the unrelieved diet Zealand that’s still ultimately a lot better than having Middle East – Syria, Yemen and Israel/ of disaster no international body because then it’s completely the Palestine. law of the jungle and might is right. scenarios “It’s prevention of conflict, and if you can’t prevent it, Really bad what can you do to try and ameliorate it, bring it to an “There are also situations in Africa which brought before end – [employing] negotations and then a government were really bad,” he says. you, with formation process and then, hopefully, nation build- “South Sudan is probably the most ing. Other parts of the UN take over at that point. The horrible of them all, where the UN is unspeakable council is really only involved in the conflict prevention, trying very hard to get traction in this atrocities containment, resolution parts of it.” whole new country which collapsed shortly after formation. inflicted Interesting role “It’s [also] doing a stabilisation job The role, Mr van Bohemen says, is interesting. However, in the largest country in Africa, the on often it can be depressing. “You can have an unrelieved diet Democratic Republic of Congo. There’s defenceless of disaster scenarios brought before you, with unspeak- a large operation there. They are trying to able atrocities inflicted on often defenceless people. stabilise the eastern side of the country, people “One of the things as a lawyer that’s troubled me … in particular, that got destabilised by the we built quite an edifice of normative law over the 70 genocidaires from Rwanda that came years of the UN’s existence, but if you look at human in there in the 90s. And it has its own behaviour in some of these cases we are no further ahead internal challenges as well. than the middle ages. We’ve got rape as an instrument “It’s doing an important stabilisation of war, sexual exploitation, people chopping each other job in the Central African Republic, up and blowing things up. It’s pretty gruesome. which collapsed in fights between “Situations in the Middle East, particularly ISIL, Muslims and Christians, and it’s fight- where they use sexual exploitation and slavery as a ing a very difficult battle in Mali, where means of war plus some of the things in South Sudan you’ve got a cocktail of terrorists, narco where there is unrelieved savagery towards women trafficking and guns. Mali and Libya and children, you can go home at night feeling pretty are the two places people worry about bleak about the world. because they can link the Middle East “You get your successes, though, from the small gains that you make. and North Africa. There’s a lot of guns, You are managing a river, because stuff comes and stuff goes. The world a lot of money and a lot of crooks there. carries on. There’s no beginning and end to these things. Something The UN, in addition to the African Union is always on our agenda.” and its subsidiary regional bodies, is a Lawyers bring to such roles as his a series of skills, including nego- big player in those sorts of stabilisation tiation, mediation and drafting – particularly in drafting resolutions. situations.” “Resolutions can be legal documents because the council has the power The United Nations has learnt, he says, to take measures that are binding on all member states, and so they that it can’t “coercively change the sit- can have a legislative function. uation on the ground because then it “So all of the skills I’ve used in Government legal practice and in private tends to become a party to the conflict. practice – and I’ve been in private practice off and on for 12 years over Rather it tries to contain situations. Then the course of my career – are very transferable. It’s just that the focus through a mixture of persuasion and is different, the traditions are different. Going from a courtroom to the pressure, it gets parties to negotiate council I find is a liberating experience because courts are less flexible solutions. in their processes. But you can’t be called out of order or in contempt “It’s very slow, so in the case of Syria of court or anything like that in the UN,” Mr van Bohemen says. it’s taken five years to get the parties to His private practice experience includes being a partner of Buddle talk. They are meeting in Geneva right Findlay in Auckland and then Chen Palmer in Wellington, as well as now [15 March]. senior solicitor at Russell McVeagh in Auckland earlier in his career. “In a real world sense it may look like During his recent visit to New Zealand, he was the special guest speaker the Council does not work because we at the AMINZ Conference in Queenstown from 3 to 5 March. ▪

8 Our Profession, Our People 8 April 2016 · LawTalk 885

Be demanding of law firms

In-house lawyers should be more process analysis: once they have set- accounting firms, major legal publishers, demanding of law firms, according to tled on what work needs to be done, and innovative start-ups. internationally renowned futurist Daniel they analyse the underlying processes in “And thirdly, there is technology, Susskind. great detail, they break the work down which is not simply streamlining tra- Daniel Susskind and his father, Richard into component parts and they identify ditional ways of working. It is also ena- Susskind, authored the book The Future the best way of resourcing each of the bling the delivery of legal services in of the Professions. (Richard Susskind is component parts (whether that be, for entirely new ways (for example, online also very well known for his numerous example, internally, by a law firm, by document automation systems). books, including The Future of Law(1996), outsourcing, or off-shoring, or indeed – “This third element is my main interest The End of Lawyers? Rethinking the Nature and crucially – by systematising). and the subject of our book, The Future of Legal Services (2008) and Tomorrow’s LawTalk asked Mr Susskind: What are of the Professions,” Mr Susskind says. ▪ Lawyers (2013). the three main coming events, develop- Published in January this year, The ments and trends that will impact on the Future of the Professions looks at how legal profession (particularly on-house technology will transform the work of lawyers) and how can lawyers prepare human experts. for these? On the move How this relates to in-house practice The first main trend, Mr Susskind will be a focus of Daniel Susskind’s said, was the growing cost pressures Mark Godfrey has been address at the upcoming ILANZ on lawyers. made a partner of Meredith Conference. “Across all professions, our research Connell. Mark joined the “Unlike my father, I have not advised shows there is what we call the ‘more firm in 2014 from the Abu in-house lawyers, nor studied them in for less’ challenge, that is, the need to Dhabi office of Latham & depth,” Mr Susskind says. deliver more legal service at less cost. Watkins, where he advised “However, it is clear from the research “From major multi-nationals to indi- on public private partner- that we undertook that the recipients vidual consumers, the imperative will ship projects. Previously he Mark Godfrey of professional service should be heav- be to find ways of reducing the cost of worked for eight years in ily involved in changing the way that legal work.” Allen & Overy’s projects team in London and the service is delivered. The second main trend is new com- Middle East. Mark has advised on construction, “Certainly, in-house lawyers should be petition. project development and infrastructure trans- more demanding of law firms. Without “Partly because of liberalisation but actions. He also specialises in advising on con- being nudged quite vigorously, few law often because it is possible, as we say, to cession and other risk sharing arrangements, firms are likely to change of their own ‘decompose’ legal work and some com- including PPP transactions. Mark has advised on accord. ponent parts do not require traditional projects across a wide range of sectors, including “Next, in-house lawyers might find lawyers, there are many new providers schools, hospitals, roads and light and heavy it useful to start with a blank sheet of coming into the legal market – such as rail projects. Continued on page 10... paper. Rather than looking at what is done today and how it might be done more efficiently, a more fundamental exercise would be helpful. Asking basic questions Practice Management Systems “We have in mind something like a ‘legal needs analysis’ or a ‘legal risk analysis’ of organisations, asking basic questions “The transition to OneLaw was great. I couldn’t about what needs and what risks are have asked for more.” the most important to address. Sheree Bennett, Practice Manager, BlackmanSpargo “After that, we suggest that in-house lawyers themselves carry out legal www.onelaw.co.nz 03 339 6202

9 LawTalk 885 · 8 April 2016 Our Profession, Our People

Wellington lawyer to contest world ironman

Wellington lawyer Sierra Ryland has covered the 3.8k swim, 180k bike ride and won a spot in this year’s Ironman World 42.2k marathon run in 10 hours 18 minutes. Championship, to be held in Kona, Hawaii, “It is a long day. It’s the longest thing on 8 October. I’ve ever done and it’s a bit surreal I think.” Ms Ryland qualified in the women’s So what, then, motivates her to under- 30-34 age group after finishing second to take such a gruelling event? Auckland athlete Diana Simpson at the Ironman New Zealand Championship at Results driven Taupo on 5 March. “I like to do a challenge,” she says. “The A senior associate at DAC Beachcroft, Mr training’s hard and it’s quite time con- Ryland was competing in only her third suming, but I really like the race. And I ironman contest. like the idea of each year going back and Her introduction to the event came improving and getting a better result from around four years ago when she and it. That’s what keeps me going. Sierra Ryland on her way to a top-two finish in her husband entered the half ironman “I’m very results driven, so once I set my the Ironman New Zealand Championship. Photo by FinisherPix.com. in Taupo. mind to achieving something, it’s almost “He wanted to do a challenge for him- like I have to do it. It doesn’t always work self, and each year I had been doing some out, but most of the time it does. of Ms Ryland’s work is in general litiga- sort of extreme off-road running race. I “It’s how I operate generally, whether tion – claims work, representing builders, thought: ‘maybe I’ll do a half ironman with it’s work or ironman.” architects and lawyers, and professional him and we can train together, and won’t And she finds that training and compet- negligence claims. that be a nice couples thing to do and be ing does help with her work as a lawyer “I also do disciplinary proceedings in supportive’.” – “as long as I’m onto it with eating well the medical legal area. It’s quite broad That, she says, “essentially fuelled me and sleeping well. general litigation, but all within mainly on to the ironman”, whereas after the race “Exercise is good for you and it makes within that negligence-privacy-breach of her husband decided to return to cricket you sharper mentally, especially if you contract-professional negligence realm.” and running on the weekends. have a break for lunch. Before competing at Kona, Ms Ryland Last year, Ms Ryland came close to “When I’m feeling on top of everything, will travel to Mooloolaba in Australia qualifying for the world championships, then I seem to manage to feel good about for Ironman 70.3 [half distance] World where two people from her age group were the work that I’ve done, and I’m able Championship in September. She qual- selected. “Then I started focusing more to get through it efficiently, knowing ified for that race in the half ironman at on training to get good enough to get my I’ve answered the question properly or Taupo in December last year. time down to have a shot finishing first resolved the issue.” “That will be my warm-up race and then or second in my age group.” DAC Beachcroft is mainly a litigation Kona is on 8 October. That will be the key That proved successful, and Ms Ryland firm, which deals in insurance law. Much one,” she says. ▪

On the move continued... aviation law. She advises various participants in the Buddle Findlay has pro- financial services sector on moted four senior associ- matters including mergers ates. In the Auckland office, and acquisitions and reg- Keri Johansson specialises ulatory compliance, and in IP, technology and media has a particular specialty law. She advises on com- in aircraft financing and mercial and technology Jonathan Simons Rishalat Khan Anna Bloomfield leasing. In the Wellington contracts, protection and advises on all aspects of commercial property office,Anna Bloomfield specialises in civil and Keri Johansson commercialisation of IP, matters including leasing, acquisitions, divest- commercial litigation and dispute resolution. She broadcasting and TV production, consumer ments, development financing, due diligence advises on contractual disputes, company law, law and data protection. Jonathan Simons investigations and subdivision of land. Rishalat Fair Trading Act claims, trust law, negligence, specialises in commercial property law. He Khan specialises in corporate, commercial and public law, insolvency and debt recovery, and 10 Our Profession, Our People 8 April 2016 · LawTalk 885 Welcome to the profession

The New Zealand Law Society welcomes the following recently admitted lawyers Privacy to the profession: Wellington Ethel under Kate Elizabeth Anderson Christopher John William Austin Sarah Alison Barclay Benjamin spotlight Alexandra Kate Bell Shaun Andrew Burmester The United Nations Special Rapporteur Stephen John Cranney address for the Right to Privacy, Professor Joseph Poppy Elizabeth Flynn Cannataci, will be visiting New Zealand Jane Louise Forrest Justice Marcia Neave, the current Chair during Privacy Week this year. Privacy Samuel Leonard French of the Victorian Royal Commission into week runs from 9 to 14 May. William Fussey Family Violence, will deliver the 20th While he is in New Zealand, Professor Victoria Milda Genys Annual New Zealand Law Foundation Cannataci will give keynote presenta- Amelia Elizabeth Goodall Ethel Benjamin Commemorative tions at Privacy Forums in Wellington Rosa Gould Address at 1pm on Thursday 14 July at on 11 May and Auckland on 12 May. Frances Elizabeth Gourlay the Dunedin Public Art Gallery. Professor Cannataci is the world’s first Sinead Maura Hart When Justice Neave was appointed to privacy investigator at this international Kelsi Jayne Heads the Supreme Court of Victoria, Court of level. He was appointed by the United Peter Allan Knot Appeals division, in February 2006, she Nations to the newly created position Sarah Rachael Su-Yin Lamb was the only academic to be appointed last year. Nicolette Marguerite Elizabeth Luke to the Supreme Court in Victoria’s his- He is the Head of the Department of Troy James Macdonald tory. Information Policy and Governance at Sean James Mallett Before her appointment, Justice the Faculty of Media and Knowledge Nicole Emma McCallum Neave was the foundation Chair of the Sciences of the University of Malta. Samuel James McDonald Victorian Law Reform Commission and He also holds the Chair of European Jane Esther McManamon Professor of Law at Monash University. Information Policy and Technology Sarah Kathleen Miles Justice Neave has held a number Law at the University of Groningen Liam Gareth Phipps of distinguished academic positions, Law Faculty. Amy Elizabeth Teague including chairs at four different Four other lawyers will also be taking Oscar Joshua Gannaway Upperton Australian universities, and member- part in the privacy week forums. They Elisha Anne Margaret Watson ship of the Hauser Global Law Faculty of are the Inspector General of Intelligence Amanda Louise Williams the New York University School of Law. and Security Cheryl Gwyn, Victoria James Alastair Young-Drew In the Queen’s Birthday Honours of University media law lecturer Steven Jun Yu 1999, she was made an Officer of the Price, Taylor Shaw partner Kathryn Order of Australia (AO) for her services Dalziel and Privacy Commissioner John to the law. ▪ Edwards. ▪

defamation and has a particular interest in cross-bor- der disputes. DOING DISCOVERY? www.lawflow.co.nz Kirk Boladeras has joined Buddle Findlay’s Auckland LawFlow is a web-based discovery system designed, developed and office as a senior solicitor in hosted in New Zealand, used by New Zealand law ﬁ rms since 2012. the technology, media and Kirk Boladeras telecommunications team. ∂ Generate discovery lists and electronic bundles Kirk advises on a range of information technol- Full-text search your discovery documents ∂ Remote access via any web-browser ogy, intellectual property and data privacy related ∂ And much more! issues and transactions. Before joining Buddle ∂ Findlay, Kirk worked in the IP/IT legal team at Take a free, fully-functional trial today! Visit our website for details www.lawﬂ ow.co.nz HSBC Global Banking and Markets in London. 11 LawTalk 885 · 8 April 2016

is the introduction of the Early Resolution Service (ERS) which now deals with over 40% of the complaints. It incorporates alternative dispute resolution techniques Extraordinary, and has led to a significant decrease in the time taken to deal with complaints and an overall increase in the satisfaction of all challenging and participants in the process. The ERS has been the subject of case studies in modern complaints processing. The overall time to rewarding ❝ The deal with complaints matters through to review remains a key area of focus and presidency will be a priority for my successor as well. Later this month Chris Moore will stand has involved I also oversaw the first year of reporting down after spending three years as the on compulsory Continuing Professional extremely Development. Apart from anything it has 29th elected President of the New Zealand long hours raised a greater awareness of the need for Law Society. Chris answered some ques- all practitioners to keep up to date with a tions about his time in the role. ... However, rapidly changing legal environment. It will always have its critics but it is impossible when ... doing to design a scheme which suits everyone. You are coming to the end of a three year term as President. work that you The reaction, while initially apprehensive, Was the role what you imagined? has since been overwhelmingly supportive. Pretty much. I had been on the Council of the Law Society genuinely The reflective practitioner model which is at through my chairmanship of the Property Law Section for the heart of our CPD is a model which was 10 years, and also had gained a reasonably good insight of enjoy, the at the time of its introduction regarded as the role through being the Auckland branch President and hours were the model for the future. We can take some a national Vice-President. Having said that, the volume of pride that the New Zealand Law Society work was probably greater than I had anticipated. However, not a hardship was the innovator in this area. I hope we it is mostly challenging and enjoyable. will continue in that vein.

You have been Law Society President but you also have a How do you think the Law Society has done as a membership busy commercial practice. How have you found balancing your and representative organisation? practice with the presidency? Clearly I have a biased view. I believe that the Law Society I have been extremely fortunate to have had wonderfully is very conscious of its role as a professional organisation. supportive partners; they relieved me of any administra- In all it does it is very aware of focusing on its core ser- tive tasks (which was probably in the best interests of vices. The Law Society’s Board has had to grapple with the firm anyway), and allowed me to concentrate on the some hard issues about what not to do. Not all decisions President’s role. Clearly I could not continue to run my are popular but that is the job of leadership. A key plank practice as I had previously, so the back-up from partners of the strategy is that the subscription is kept at zero. This and staff was essential. Without that support, I simply requires a disciplined approach to service and ensuring would not have been able to take on the role in the first that there is careful management of the various services place. Trying to keep my commercial practice running, and the channels in which they are delivered. We concen- albeit on a reduced basis, and the presidency has involved trate on providing services which support the practising extremely long hours during the working week and most lawyer and the profession’s reputation. The feedback we weekends. However, when working in such a supportive constantly receive is that members want us to focus on partnership and doing work that you genuinely enjoy, the education and the collegial connections that are important hours were not a hardship. I will, though, enjoy getting to a properly functioning profession. my weekends back. Successful strategy is often about what you don’t do. Pursuits such as product promotion, Law Society ties, The Law Society has been regulating legal professionals since cufflinks, pens and provision of back office functions are August 2008. Coming up to eight years on, how well do you not effective services for the Society to provide. It is for think it has done? this reason that we don’t go there. While bulk buying In the frontline we have introduced some overdue and might have had a place in earlier times, these days with effective changes around the handling of complaints. I the internet making everything so accessible, the cost/ hear from the Standards Committee conveners that in benefit justification is not there. The Law Society works their view the standard of processing and quality and con- hard to provide information needed by the profession as sistency of decision making has increased as the Lawyers well as opportunities for practitioners to get together, to Complaints Service has matured. The most visible change express views and connect. One of our most important 12 8 April 2016 · LawTalk 885

at least, something close to that, we run the risk that the public will lose confidence in the rule of law. The other aspect is the advancement of women in the profession. As most will be aware, we now pretty much have parity between the number of men and women practising law in New Zealand. However a relatively small percentage of women occupy the many senior positions in law across New Zealand. For the future of the profession, we simply cannot allow so many talented women to go unrecognised and, through frustration, to leave the profession. We need to be more innovative and flexible to ensure that such a vital and important part of the profession is retained for the benefit of those individuals and the greater profession.

Looking forward over the next five years, what do you think the major issues facing lawyers will be? The two major issues identified in the previous question are likely to continue to be key issues for the medium and long term. Neither is an easy fix, nor can it be achieved quickly. However, I do believe that with some focus significant improvements in both areas can be made.

What are some of your most pleasing achievements over the last three years? I don’t really believe that any President can talk about functions is the provision of legal education. ❝ At the forefront their own achievements during their term. Former staff The branches and sections focus on these and presidents over the years have worked on initiatives connections and on more casual collegial of the issues which, through luck of timing, may come to fruition during learning opportunities in the main. NZLS your own term but so much of the work would have been CLE Ltd is the core provider of good quality before the Law undertaken by those who came before you – I felt the legal education and training. Without that Society Board weight of that stewardship. I hope the skills I had in busi- the profession would not have the range, ness and management contributed to the improvements depth and quality of legal education, train- would be access which were ushered in during my time. I am confident ing and booklets that lawyers can access that President-Elect Kathryn Beck will pick up the baton at a reasonable cost. to justice and the and run with it. Practising Well is another service which advancement When I took on the role in April 2013 I very quickly has attracted a lot of support from the pro- discovered how lucky I was to be part of an organisation fession. This is an area that we have been of women in that was driven by the public interest and maintenance of looking at recently and hope to improve the profession a strong legal profession. The legal profession has a privi- the range of options available in this area leged and important role in New Zealand’s justice system. in the near future. This is balanced with obligations – and that includes our role in law reform and scrutinising government reforms What would you say have been the major issues faced by the or behaviour. This has been a learning curve for me but Law Society while you have been President? has provided some of the most challenging and rewarding One of the most challenging aspects has been keeping moments for me in the last three years. some focus on the important things such as business as Another key area for me was ensuring I was an approach- usual and continuous improvement of how we do things. able and accessible face of the New Zealand profession. This has been a primary consideration. The profession is This included media interviews and commentary, writing going through a time of profound change. It is therefore and speechmaking. I enjoyed this but it was demanding crucial that the Law Society keeps its focus on what is and time consuming. I certainly can now boast a much important. better degree of legal knowledge on a wider range of topics Otherwise, at the forefront of the issues before the Law than I would ever have thought possible – an unforeseen Society Board would be access to justice and the advance- consequence of my presidency. ment of women in the profession. On the first issue, there I am proud to have led the profession over the past three is a huge justice gap between those who can afford legal years and it has been an experience that I would not have representation through legal aid and those who have suf- missed for anything. It is a truly extraordinary, challenging ficient funds to instruct a lawyer in litigation. The New and rewarding position. Nevertheless a President is only Zealand justice system is highly regarded internationally. as good as his or her Board, Council and executive. I have If, as a society, we cannot provide a level playing field or, had extraordinary support in that regard. ▪ 13 LawTalk 885 · 8 April 2016

What makes a good lawyer?

LawTalk put this question to five well-known people, who each give their perspectives on this topic. Contributing their answers to this question are: • Supreme Court Judge Justice Susan Glazebrook • Canterbury University Law Dean Ursula Cheer • Large firm partner Pip Greenwood • New Zealand Law Society Gisborne branch President Tiana Epati • Lawyers’ ethics and professional responsibility expert Duncan Webb We also include an illuminating extract from the autobiography of Mahatma Ghandi, who was a lawyer. Ghandi was, of course, much more famous for helping lead India to independence and inspiring movements for civil rights and freedom (and hence justice) across the world.

It is tempting to start with what may seem an obvious requirement: good Justice lawyers must know the law. But of course that is impossible. The law, particularly if not confined to New Zealand, is vast. Indeed, lawyers who think they know the law can be the most dangerous. Susan Humility is a virtue. This means that good lawyers never assume. They will be familiar with legal principles and method and know how to research the law and will always check that they have it right. They will also always Glazebrook remember their overriding duty to the law and take care not to succumb to commercial pressures that could compromise that duty. Good lawyers will have a love of the law. They will strive to keep up A Supreme Court Judge, former Simpson to date with legal developments and take advantage of as many formal Grierson partner Justice Susan Glazebrook and informal educational opportunities as they can. If they work in a joined the High Court bench in June 2000, serv- specialist area, they will ensure they do not become trapped in a narrow ing as a temporary judge until her permanent and comfortable alternate legal bubble. Sooner or later that bubble will appointment in December that same year. She rub against other areas of the law and specialists need to be prepared. was appointed to the Court of Appeal in May An understanding of the general legal environment may even enrich the 2002 and to the Supreme Court in August 2012. specialist area. 14 8 April 2016 · LawTalk 885

and balance. Good lawyers are aware that they work in a profession that is still not reflective of the society in which it operates. They are aware of potential overt and subcon- scious bias in terms of gender, ethnicity and other cultural differences and they will seek to address them. This may be through education, mentoring, pro bono work, or something else altogether. What matters is a willingness to promote a culture of inclusion and a legal profession that reflects the society that surrounds and shapes the law. Good lawyers will develop criteria for ❝ Humility assessing the performance of all employees and fellow workers that recognise and is a virtue. respect differences and they will nourish This means and develop the skills of all. A few years ago, there was a lament that good that many lawyers had lost sight of the idea of law as a profession and that they lawyers were instead treating law as a business. I never think this misguided. Good lawyers take the best from both. They reject the feeling assume of entitlement that can come from seeing Supreme Court Justice Susan Glazebrook oneself as part of a profession. Equally, they reject the pure profit focus that for some The next quality required is curiosity. Good lawyers will epitomises business. Instead they embrace be curious about the motivations behind a transaction. efficiency, value for money, responsiveness, They will want to understand how their clients’ businesses client focus, public service, inclusiveness work. They will be interested in their clients as people but and integrity. All of these make good busi- without being intrusive. The more they understand about ness sense, as well as showcasing the best their clients and the general environment in which they ideals and aspirations of the profession. live and work, the more likely it is that they will meet their clients’ needs. This means that good lawyers should have lives outside of work and the law. Their clients do. Good lawyers will be creative in tailoring solutions to fit with clients’ motivations and means, without sacrificing Pip Greenwood quality and without sacrificing their ethical duties. They will have the ability to get to the nub of a problem and isolate the issues. Good lawyers can communicate effec- Pip Greenwood is a senior partner and board member of Russell tively. They realise that not everyone understands ‘lawyer’ McVeagh in Auckland. She specialises in corporate law. or wants to hear it even if they do. But good lawyers are also meticulous (or employ those who are). Checking documentation, checking sources and What makes a good lawyer? It’s not just about the law and considering all eventualities may even be more impor- in my experience, a good lawyer displays the following tant than brilliance. Cultivate those skills. Despite best three skills: efforts, however, mistakes occur. Good lawyers know how to minimise these and find the best way of fixing them, to 1. Technical skills the extent possible. Covering up mistakes that cannot be These are fundamental and a given. In addition to pos- fixed is not a solution. Time usually makes things worse. sessing technical skills, good lawyers are always hungry Good lawyers will remember that they are part of the for knowledge. They stay up-to-date with the latest legal community. They should use their skills to be of service to developments and industry trends, are organised and can that community. Good lawyers will also remember that the work well under constant pressure. Knowledge is a power community they serve is diverse and so are their clients. that can be used to help a good lawyer continue to grow They will encourage diversity and respect for differences and is increasingly important in the fast-paced world we in both their private and professional lives. They will rec- live in today. ognise that surrounding themselves by those similar to The way in which the world has become more con- themselves deprives them and their practice of new ideas nected through the impact of technology and digital, is also 15 LawTalk 885 · 8 April 2016

a business are all important ingredients of a successful lawyer. By treating your client base like your own business, and investing the time in building your relationship as a trusted adviser, clients will see how much you are committed to producing quality and will reward you with their loyalty. This obviously becomes more important the more experience you have as a lawyer. It’s important to remember that business development is not just a one person show ❝ Displaying – it’s a collaborative effort. Good lawyers can build relationships, innovation, influence, manage conflicts and navigate initiative, and through office politics in order to get things done; and in a corporate law firm environ- entrepreneurship ment, working with other practice groups all help to to help clients. Displaying innovation, initiative, and differentiate entrepreneurship all help to differentiate good lawyers from the competition and good lawyers by getting involved in the community and from the attending, hosting, and speaking at events, can help to showcase a lawyers’ expertise competition and skills to a wider audience. Russell McVeagh senior partner and board member Pip Greenwood

affecting the way in which lawyers and all professionals communicate, and has brought with it its own threats and opportunities. A good lawyer will continue to upskill and look to the future to seek out the opportunities that our Professor constantly changing and evolving business environment is yet to bring. A client recently said to me that she wasn’t interested Ursula Cheer in advice that she couldn’t read on the first screen of her iPhone. I am sure that she was exaggerating, but it is a reminder that clients are often busy and time poor so Professor Cheer is Dean of the School of Law, Canterbury need the answers to their issues presented in a particular University. Professor Cheer was awarded a PhD for her thesis way. As lawyers, we need to be mindful of adapting to the entitled: Reality and Myth: The New Zealand Media and the Chilling needs of our clients. When I first started working, the fax Effect of Defamation Law. machine was new technology!

2. People skills It has been a useful exercise to think about the characteris- A good lawyer continues to work at understanding the tics of a good lawyer and, in particular, what responsibility needs of their clients in order to build lasting relation- law schools have in this process. ships. By getting to know their clients, they can spot future Previously I might have suggested Atticus Finch, the opportunities and identify issues that clients may require iconic small town American lawyer who is the linchpin of help with tackling. I think it is also important to own a Harper Lee’s celebrated book To Kill a Mockingbird, as the client’s problems and treat them as if they are your own. best example of a good lawyer. But having recently read Working well as part of a team is crucial and, as lawyers the controversial sequel Go Set a Watchman, in which Lee progress in their career, they need to be able to lead a team. destroyed Atticus’s sheen by showing him to be a racist, Communication and being able to draw upon the skills this path is no longer open to me. And in any event, Atticus and expertise of team members or other subject matter practised when law was still a sort of gentleman’s profes- experts within their firm to complement your own will be sion, instead of the somewhat exacting business it is today. important for achieving and maintaining ongoing success, So I have focused on what it takes to be a lawyer in not to mention keeping your clients happy. contemporary New Zealand, using my experience in practice, in government and now as a Dean of a respected law 3. Business development skills school. At Canterbury, we are in fact currently carrying Being able to sell, being commercially savvy and running out a longitudinal study looking at what it takes to make 16 8 April 2016 · LawTalk 885

and learn from them, and help others to do the same. The good lawyer is flexible, open to new ideas and prepared to take well-judged risks. Such lawyers are concerned for the well-being of their clients, their colleagues, and most importantly, themselves. Accordingly, they actively seek to achieve a realistic work/ life balance and recognise the importance of this for others. A good lawyer has a life outside the law, rich in relationships with family and friends, and in activities like the arts and sport, and diverse hobbies. A good lawyer who is also an employer will take time to get to know their employees and will attempt to ensure that employees get satisfaction and are valued in their work, and can achieve work/life balance also. A good lawyer is a good communicator but is also a good listener, and will work to consult and allow others to be heard in the making of decisions that impact on them. However, a good lawyer also knows when it is appropriate to take control of consultation and bring it to an end. A good lawyer has good manners and uses these at all times. A good lawyer is a promise-keeper who follows through. A good lawyer is a vigilant time keeper who meets deadlines and responds to telephone calls and emails in a timely fashion. A good lawyer does not overcharge and does not bend Dean of Canterbury University School of Law Professor Ursula Cheer the rules for personal gain. A good lawyer owes duties to her or his client and to the court. A good lawyer does not a good lawyer, by following the experience of a cohort of misuse the media to advance a client’s case but relies in the 2014 students from Canterbury, Auckland and Waikato law main on effort and ability and good research and strategy. schools during their study and then out into the workforce. A good lawyer is not lazy and does not fly by the seat of her The study will also take in the experience and views of or his pants. A good lawyer puts in the hard yards, with the potential employers, and will help us determine how the assistance of others, and does not hesitate to get to grips sort of graduate we produce has the potential to become with tricky legal issues and with the complexities that a good lawyer, and whether and how successfully legal arise in relation to each individual client. A good lawyer employers can augment that process. The study has already does not bluff and bluster and pretend competence where produced rich data, and if any readers are interested, they there is none. In those circumstances, a good lawyer gives can get in touch with me for more detail. the work to others with expertise or says: “I need time to In my view, then, a good lawyer should have at the very get to grips with this. I’ll get back to you”. least a solid or good law degree in order to have basic legal A good lawyer is also a good citizen. This means carrying knowledge and some skills with which to begin. A good out some pro-bono work, doing legal aid, sitting on law law degree will give the law graduate the ability to write, society committees, on school or hospital boards, or at to communicate well orally and to use technological and church or in the soup kitchen. The good lawyer remains other resources to be an effective researcher. Additionally interested in the development of the law, and responds to it should provide social skills, some ability to develop and law reform initiatives in their area of expertise, sharing the present the different sides of an argument, and the means benefit of a critical eye by making individual submissions to recognise when to negotiate and when to take a firm or serving on committees that prepare submissions. And position. Furthermore, such graduates should have some good lawyers may look further afield to use their skills for powers of reflection, as well as reasonable confidence. international good, such as providing specialist advice for The good lawyer grows from this beginning by adding poor nations or bodies who cannot afford legal advice. work and life experience, and developing specific expertise. The good lawyer is not in it for the money or status alone, The good lawyer cares about and respects the law, has a though these things are advantageous and part of what well-developed sense of justice and ethics and understands makes being a lawyer an attractive career. A good lawyer that dedicated lawyers work for the public good as well as knows that money and status alone do not happiness or for individual clients. The good lawyer has empathy and good health guarantee. A good lawyer does not lose sight instinct and is able to judge people and circumstances of why she or he got into law in the first place, and does quickly and maturely. The good lawyer is well-organised not forget what it was like to be a fresh-faced law graduate (not by others), panics rarely, keeps things in perspective in that first job. A good lawyer steps back from it all and and is not afraid to ask for help. Good lawyers have resil- finds something else to do if poor physical or emotional ience and are able to weather failures and tough times health and lack of job satisfaction mandates this. 17 New Zealand Law Society Gisborne branch President Tiana Epati

Tiana Epati from the judge at the front of the room, to the witnesses, registrar, and all the way to the defendant in the dock – are necessary and invaluable skills to have if you want to be Tiana Epati is the New Zealand Law Society’s Gisborne branch effective. And that’s the essence of being a great lawyer; President. Ms Epati works with Rishworth Wall & Mathieson and being effective. specialises in criminal law. Over time I have added my own Cs: commitment and consistency. These last two come from something my father said to me when I first decided to become a lawyer. It goes without saying that an excellent lawyer requires Announcing my decision to “follow in his footsteps” he a combination of high intelligence, strong analytical and said: “There are far too many lawyers in the world but not advocacy skills, and an ability to communicate effectively enough good ones. If you do this [become a lawyer] be (both verbally and in writing). It is also a “given” that all one of the good ones. If you don’t think you can be one of good lawyers are always well prepared: intelligence and the good ones, don’t do it. What we do is too important skill is nothing without good preparation. to be mediocre.” So when looking at the question of what attributes make I have never forgotten it. Every day I remind myself of lawyers great, over and above the abilities necessary to the commitment I have made to be the best I can be and be competent, I always think of what my father once told ensure there is consistency in my approach to everything me. He said that to be a great judge you have to be more I do. Irrespective of whether my client is privately funded, than just an excellent lawyer. You need to possess what legally aided or pro bono, I am committed to doing the are known as the three Cs: best job I can. ▪▪ the common touch; When speaking to newly admitted lawyers I often tell ▪▪ common sense; and them: “be one of the good lawyers. In fact, be one of the ▪▪ above all else, compassion. great ones. From today, you will have the opportunity to As a criminal lawyer who is court day and in day out, make change in people’s lives, both great and small. You I understand how important these qualities are to the will have the chance to make things better and, in doing function of our justice system. Compassion, in particular, so, in turn to inspire and lead”. for all the stakeholders involved when dealing in human These are, I realise, aspirational words, but being good and affairs is vital and can profoundly affect the experience a being great are noble aspirations and, therefore, appropriate. person will have in the criminal courts. In writing this, I am being deliberately brief. That is Just as these three qualities are necessary in a great judge, because I am convinced that the path to being a great they also are the qualities needed to be a great lawyer. lawyer or a great judge lies in something as simple as Being practical and having the ability to communicate having the three Cs: the common touch, common sense and understand parties from all walks of life – ranging and compassion. 18 8 April 2016 · LawTalk 885

Duncan Webb

New Zealand’s first Legal Complaints Review Officer, Duncan Webb is a partner of Lane Neave in Christchurch. He is recognised as a leading New Zealand expert in lawyers’ ethics and professional responsibility.

Questions like what makes a good lawyer really are not fair. The person asking the question knows full well that it is full of ambiguity and that there is an underlying tension as to what it means to be “good” and “a lawyer” and whether in fact those two things can ever exist in the same person at once. Let’s start with the most basic proposition: for a person to be good (whatever that means) there must be an absence of badness. At root a good lawyer needs to be competent – to be able to undertake the task of lawyering without mucking it up. A lawyer who is not competent is no use to anyone – and of course when prospective clients ask “do you know a good lawyer?” this is what they mean. Lane Neave partner Duncan Webb One of the reasons the law is so moreish is that it requires an unusual mix of skills to be really good at present a negotiating position which is not entirely true it. Not only does it require empathy and an (that is my final offer…), or take a stance that might be understanding of human nature, but it also considered overbearing or even bullying (we will drag requires a high degree of objectivity and an this through the courts for years…) So one client’s “good” analytical mind, an ability to research and lawyer might be considered a very bad person by the collate fact and law, a high degree of energy individual they are working against. and perseverance, outstanding judgement When we speak of the good lawyer sometimes well and on top of all of this that special magic known characters spring to mind – like Atticus Finch. To Kill of creative brilliance which sets an excellent a Mockingbird is worth reading again and again. Of course lawyer apart from the rest. if you have seen the movie Gregory Peck is portrayed as a Of course we don’t want evil lawyers. A brilliant trial lawyer (who inevitably loses given the context lawyer who is dishonest is a bad lawyer. ❝ A lawyer of the case). However not everyone agrees that Atticus The archetype of the dishonest lawyer is who is not makes a good lawyer. He is also a patrician who makes the fellow with his fingers dipping into the decisions on the basis of what he thinks best. Ultimately trust account. Such unauthorised, secret, competent defending the case in the way he did may not have been long-term loans are clearly impermissible best for Tom Robinson the accused. Tom is convicted, and lead to striking off and a long residence is no use attempts escape and is shot dead. at Her Majesty’s pleasure. However dishon- to anyone Tim Dare of Auckland University argues articulately that esty rarely presents in such a stark manner. Atticus is flawed.1 He cites the incident where Bob Ewell, Lawyers tread a delicate line between (the father of the Mayella who Tom is accused of raping), is frankness (to their client) and secrecy (to stabbed to death by Boo Radley (the odd reclusive neigh- all others); candour to the Court, and stand- bour) when Bob attacks Scout and Jem one night after ing by while the judge makes an error in the trial. The sheriff arrives on the scene and says that the client’s favour. the death was accidental and Bob fell on his knife despite While superficially it appears that a good the obvious facts. This is presented as a fitting end and lawyer should be honest, this may not be rounds out the plot with a sense that finally, in respect of entirely true. I suspect that there are cases Boo at least, justice is done. Implicit is the suggestion that where a lawyer is expected to be decep- there would be no sense in putting Boo (an outsider like tive, if not outright dishonest. A lawyer is Tom) through a flawed judicial process. The sheriff ’s insists sometimes required to engage in conduct that Tom Robinson died for no reason and now the man which would not generally be considered 1 T Dare, “Lawyers, Ethics, and To Kill a Mockingbird”, admirable. For example, a lawyer may well Philosophy and Literature Volume 25, Number 1, April 2001. 19 LawTalk 885 · 8 April 2016

responsible is dead: “Let the dead bury the dead” he says. Atticus reluctantly accedes. Was Atticus a good lawyer, or did he stand by and let the sheriff usurp the entire American justice system? Was he again acting as a paternalistic lawyer and deciding for others what was best? Or perhaps, more worryingly, was he protecting his children Scout and Jem from the trauma of the inevitable trial in which they would be witnesses if the matter was dealt with by due process? Of course Atticus is presented as a good lawyer not so much for his flaws (which at the time of authorship may well have been considered virtues). Rather he is presented as a moral hero and it is worth considering why. Most obvious is Atticus’ courage. He acted for Tom, a poor black man accused of raping a white girl in a deeply racist community. He did so despite the fact that he knew that he would be vilified and that it would be costly to both him and his family. He is also portrayed as deeply empathetic (for example recognising that a young house guest was unfamiliar with cutlery Mahatma Gandhi as a lawyer in South-Africa, 1906 and eating his peas off his knife to make him feel comfortable). He has outstanding judgement, and also considerable modesty. A telling anecdote is when he shoots, at considerable distance, a rabid dog. His children had no idea he was the best shot in True function town – a fact that tellingly Atticus is not proud of. Arguably this is an allegory for his humanity and humility. Not only did of lawyer Atticus not brag of his marksmanship, but he took no pleasure in shooting the animal. However probably the most heroic aspect ❝ There was only one way. [My client] should allow him to of Atticus’ character is his apparent belief in pay in moderate instalments. He was equal to the occa- the system. He worked hard and brilliantly sion, and granted [the defendant] instalments spread for Tom and it becomes clear that Tom did over a very long period. It was more difficult for me not rape Mayella Ewell, rather she wooed to secure this concession of payment by instalments Tom. Even when the jury inevitably con- than to get the parties to agree to arbitration. But both victs, Atticus insists that an appeal would were happy over the result, and both rose in the public right matters. Whether such unerring faith estimation. in the system was a virtue is moot – but “My joy was boundless. there is a certain sense that Atticus knew “I had learnt the true practice of law. I had learnt to his role within it and was prepared to fulfil find out the better side of human nature and to enter his role strictly and absolutely whatever men’s hearts. I realised that the true function of a the cost. lawyer was to unite parties riven asunder. Atticus was an exemplar and there are “The lesson was so indelibly burnt into me that a large few lawyers who could approach the lofty part of my time during the 20 years of my practice as heights of such literary heroism. However it a lawyer was occupied in bringing about private com- is clear that any good lawyer need to have promises of hundreds of cases. I lost nothing thereby those attributes – courage, empathy, judge- – not even money, certainly not my soul.” ment, and a belief in the system – albeit in — Mahatma Ghandi perhaps in slightly lesser measures. An Autobiography: The Story of My Experiments with I wonder what makes a great lawyer. Truth (1993, Beacon Press, Boston), p 134. 20 8 April 2016 · LawTalk 885

Letters to the Editor

LawTalk welcomes letters to the Editor. Letters should ideally be restricted to a maximum of 450 words, although shorter letters are most welcome. Letters may be abridged or edited, and LawTalk reserves the right to not publish any letter submitted. Letters should be sent to LawTalk as either a Microsoft Word document or in a form that can be copied and pasted into a Microsoft Word document. They can be sent to [email protected].

final-decision-and-responses-to-review-of- We would like to take this opportunity to criminal-fixed-fees-published. thank the nearly 300 lawyers who helped Criminal legal Unfortunately, not all of the changes us prepare the New Zealand Law Society’s will be implemented immediately and the detailed submissions (available at www. aid: changes to changes will be phased in over the next lawsociety.org.nz/news-and-communications/ three years. Some key changes include: law-reform-submissions/submissions-on- fees schedules ▪▪ the separation of hearing and prepara- discussion-papers). tion time; Liz Bulger The Legal Services Commissioner has ▪▪ more repeatable fees; and Convenor, Legal Services Committee completed her review of the criminal legal ▪▪ new fees for identified gaps including Stephen Bonnar QC aid fees schedules. The New Zealand Law sentencing indications, disputed facts, Convenor, Criminal Law Committee Society is pleased to tell you that the review fitness to plead/stand trial and re-prepa- has resulted in a significant increase in the ration for adjourned hearings. fees for criminal legal aid (up $4.92 million). The review results have been a long time The Legal Services Commissioner’s report coming and while we may have hoped Type of pistol Criminal Legal Aid: changes to fees schedules for greater substantial across-the-board – review responses and final decisions and increases and the immediate introduction Just scouring the latest issue of LawTalk fees schedules are available at www.justice. of all changes, the new fees schedules are (issue 884, 24 March 2016) and noticed govt.nz/services/legal-services-commissioner/ a welcome step in the right direction. something which other “specialists” may pick up on. The item on page 12 about students “on target” in forensic law has a couple of technical errors. It refers to firing a .22 automatic pistol SHAKESPEARE and a Glock 9mm automatic pistol. That is wrong. They would be semi-automatic pistols, not full automatics which are effectively machine guns. There is a significant technical, legal and operational difference – the legal difference being that automatic firearms are illegal in New Zealand except in the armed forces. I’m not aware of any automatic hand- guns. Semi-automatics are simply self-loading firearms where the trigger has to be pulled to fire each shot. Easy mistake to make but the wrong description can be misinterpreted. These days it would be useful if lawyers knew the difference. Jock Anderson

21 LawTalk 885 · 8 April 2016 Practising Well

Maintaining physical wellness

By Dr Michael Buckley

Visiting your GP purely to “see if anything is wrong” seems of symptoms that we commonly ask about, an odd concept to many people. working from head to toe. Many others can see the value in it but never quite get Reviewing this list yourself as you read around to it, and a rare few make a point of taking them- through it could provide an indication as selves off to their GP on a regular basis for their “regular to whether booking a wellness check is check-up”, their “well person examination”, or “Warrant important to you in the near future: of Fitness” so to speak. ▪▪ Headaches, migraines, particularly a new Whether your GP has looked after you and three gener- or a change of headache pattern, change ations of your family for decades, or you have just moved Dr Michael Buckley of your vision. towns and will have to visit a new GP for the first time, ▪▪ Recurrent nasal or sinus congestion, hay giving a GP an opportunity to review your state of well- fever, ear or hearing problems, snoring. ness is analogous to letting a lawyer review your state ▪▪ Lumps or persistent swollen glands in of legal affairs. your neck, under your arms or in your It is invariably insightful and often timely and benefi- groin. cial. So goes the adage “an ounce of prevention is worth ▪▪ Cough, chest pain, shortness of breath, a pound of cure”. either at rest or on exertion or a decreas- When you attend your GP for a wellness check, they will ing exercise tolerance. Any wheeziness, start off by talking about your history. They will review particularly at night or after exercise. any conditions you are known to have, and consider on ❝ Giving a GP ▪▪ Palpitations. your family history. ▪▪ Upset stomach, indigestion, altered It is always good to know as much as you can about an opportunity bowel habit and particularly any blood illnesses that may have been prevalent in your family. to review your in your stool. Cardiovascular disease – heart attacks and strokes, and ▪▪ Alteration to how you pass urine, need- cancers – are of particular interest, as well as diabetes, state of wellness ing to go more frequently, getting up at high blood pressure and other conditions that are known is analogous night to pass water, hesitancy, accidents to run in families, like depression. – either where you can’t hold on or where Then we ask about habits and routines that influence to letting a you leak when you laugh, jump or run. your health – alcohol use, smoking or other drug use, ▪▪ Periods and gynaecological concerns your activity levels, your relationship, whether you have lawyer review for women. children, your work and potential for work stress. your state of ▪▪ Male specific “men’s health” concerns for men. Symptoms to consider legal affairs ▪▪ Contraceptive needs and any require- Assuming you have no pressing concerns about any medical ment for sexually transmitted infection conditions you are known to have then the doctor will testing, for all. move on to questions about symptoms that may suggest ▪▪ Sore or swollen joints, sore muscles, back something of interest to delve deeper about. Here is a list or neck pain. ▪▪ Alteration in your co-ordination, dizzi- ness, problems with sleep – either too much or if you are unable to. Weight gain or loss. Fatigue. ▪▪ Any skin concerns, rashes or concerning moles or moles that have changed. ▪▪ We may ask general questions about Recognised industry experts stress levels and how you feel that your Serving legal documents for over 27 years mood is. After completing the “review of systems” Fast, professional, nationwide process serving for solicitors & government agencies and following any line of enquiry that those P: (09) 302-2476 E: [email protected] W:www.docuserve.co.nz screening questions raise then a physical examination is conducted. 22 Practising Well 8 April 2016 · LawTalk 885

Photo by Com Salud CC-By

Your height and weight should be documented and diagnosis of suspicious skin lesions and moles and any comment made on how appropriate your weight is for moles of concern can be checked. A full all over skin check your height. is reasonable to do at any age. The silent killer It takes time Hypertension is the silent killer. It can slowly, insidiously To do this process properly usually takes a double appoint- contribute to narrowing or weakening of the arteries that ment – to give the GP about 30 minutes. in later years can cause heart attacks or strokes. The impor- Having reviewed the questions above will help you get tance of regular blood pressure checks increases as you the most out of the process and allow the consultation to get older and by the time you get to your 40s you should be spent on a thorough physical examination and allow almost be getting this annually depending on what your time for discussion about concerns raised or getting indi- blood pressure usually is. It is good to get done at any age vidualised wellness advice. and it is especially good to pick up those rare young people A GP may then want to do some investigations or at the who have hypertension from their 20s or 30s. very least some blood tests before being able to summarise From taking the pulse and blood pressure we work and conclude the state of your health. They may be happy around the body systematically. Feeling for abnormally to communicate this to you by letter or text, or have you enlarged lymph nodes (your “glands”) listening to your return for a further consultation, especially if matters were heart and lungs, examining your abdomen where we identified that need further investigation or treatment. check for enlargement of the spleen and liver and – of There are a number of investigations that become rel- particular importance as one gets older – check for a slow evant to consider at different ages and stages of life. This enlargement of the large artery in the abdomen, the “aorta”, “targeted screening” is another way of maintaining wellness which if detected early can be effectively treated avoiding by detecting potentially serious conditions when they are the major catastrophe of a “ruptured abdominal aortic at an early more easily treatable stage, and is the topic of aneurysm” or AAA. my next “Practising Well” article. ▪ If you are a male around age 50 then a discussion will be had about a prostate exam and for our female patients Dr Michael Buckley FRNZCGP is a GP practising in the Wellington consideration of a breast exam and checking that your region. He divides his time between part-time practice and helping cervical smear is up to date. look after his young family. He appreciates the importance and Most GPs have expertise in the identification and challenge of maintaining a lifestyle that allows one to “practise well”. 23 LawTalk 885 · 8 April 2016 Practising Well

Legally smart versus money-smart? Lawyers and financial literacy

By Laetitia Peterson

To date we’ve covered the impact of personality and irra- and less likely to know the terms of their tional influence on making sound money decisions. Now mortgage. it is time to ask what impact your money sense is having The costs of financial ignorance are high, on your dollars. What do you know about finance? What resulting in bad financial decisions, late have you read? Who have you talked to? How deep is your payments, overspending and perhaps knowledge and how firm is your grasp of things monetary? most importantly no retirement planning. I decided to test the financial literacy of my 61 lawyer Speaking of which… interviewees, not by being overly technical, but by examining their knowledge of basic financial concepts. Laetitia Peterson KiwiSaver Before discussing the results, let’s be sure we understand Introduced by the Government in 2007, this the term financial literacy. Basically, it is the ability to make predominantly work-based, voluntary pen- informed judgements and effective decisions regarding the sion scheme encourages New Zealanders use and management of money. In other words, combining to save for their retirement. financial knowledge with the understanding, confidence Do lawyers contribute to KiwiSaver? 61% Yes, 39% No. and motivation to make sound financial judgements and A total of 61% of the sample of 61 lawyers, contributed decisions. I felt it important to test lawyers for financial to KiwiSaver. A few who had worked overseas had also literacy, since it contributes at all stages of their lives to contributed to an offshore pension scheme. Some hadn’t smart saving, borrowing and investment decisions. realised they could transfer these contributions to their KiwiSaver scheme. Interest, inflation and diversification. The balance of 39% did not contribute to KiwiSaver. I asked three questions, relating, in particular, to interest However, a couple of lawyers mentioned that although they on a savings account over a five-year period (avoiding the didn’t contribute themselves, they had set up KiwiSaver concept of compounding interest by asking whether, after accounts for their children and were contributing on their five years, the amount was above, the same or below the behalf. Non-contributing lawyers often thought the scheme original amount plus one year’s interest); the effects of was not designed for them, for example, equity partners inflation versus interest on real money (in my question not actually employed by the firm. Although, interestingly, the inflation rate was higher than the interest rate and they knew that as employers of lawyers, they contributed therefore eroded the value of money); and the concept to KiwiSaver on their behalf. of diversification in an equities context (which is more I pointed out that the scheme was set up to include risky – a portfolio of shares or a single share?). the self-employed, allowing them to determine their own An impressive 86% (more than three times the New contribution level either through lump-sum or regular Zealand average) answered all three questions correctly. payments. The self-employed also receive the Government’s Only 14% answered at least one of the questions incor- member tax credits. rectly. Interestingly, almost half the lawyers who made Member contributions have risen steadily since 2007, one or more mistakes were Generation Y (in their 20s), totaling more than $2 billion in 2015 with around $30 bil- perhaps explained by the fact that such lawyers have had lion in assets invested. little personal interaction with banks by not yet borrowing to buy a house or making a major investment. Their What lawyers know main experience with borrowing money is through the Let’s review the key benefits of KiwiSaver, since these don’t Government’s student loan scheme, which is structured appear to be well understood. First, the Government pays very differently from a bank loan. an annual member tax credit of up to $521, provided your Financial literacy is important because people with a contributions are at least double this amount. The second lower degree of understanding of financial concepts tend benefit – one of the most well-known if you are employed to borrow more, accumulate less wealth and pay more in – is the provision that your employer has to contribute at fees related to financial products. They are also less likely least 3% of your gross salary into your KiwiSaver account. to invest, more likely to experience difficulty with debt The percentage of compulsory employer contributions 24 Practising Well 8 April 2016 · LawTalk 885

has gradually increased from the initial 1%. This is on top of your own What is the current OCR? 15% correct, employee contributions (which can be topped up with voluntary contri- 85% incorrect or not known. butions). Some employers also elect to contribute more than the required These figures are revealing as just 15% minimum rate as a further employee benefit. It is on record that judges gave the correct rate. Many of the remain- enjoy much higher contributions from their employer, the Crown. One ing 85% acknowledged their answers were participant described the judicial scheme as “KiwiSaver on steroids”. at best an educated guess. Most of those Despite the obvious benefits for both employees and the self-employed, who answered correctly were property and testing revealed that 41% of interviewees enrolled in KiwiSaver were banking lawyers, for whom the rate had a unaware of the member tax credits and 27% were unsure of their balance, bearing on their work or clients. Only two specific fund and contribution rate. answered the question correctly without KiwiSaver funds on offer in the market differ according to asset class hesitation – one, a retired judge, and the and risk exposure. There are five main KiwiSaver fund choices. other, a Kiwi lawyer visiting from London. ▪▪ cash (low risk) – bank deposits and other fixed-interest securities; Many professed to know what the OCR ▪▪ conservative (low to medium risk) – high proportion in fixed-interest was, but couldn’t specify its current level. securities and bank deposits, with a smaller proportion in growth assets; However, they often knew the general trend ▪▪ balanced (medium risk) – more equal split between higher-risk growth of either going up or being on hold. The OCR, assets, such as shares or property, and more stable assets, such as and monetary policy in general, are clearly fixed-interest and bank deposits; not directly relevant to lawyers, yet many ▪▪ growth (medium to high risk) – high amount in shares and property seemed to know how it affected them. with a smaller amount in deposits and Noticeably, Generation Y lawyers had no fixed interest; and idea what the rate was, with a few sheep- ▪▪ aggressive (high risk) – Mainly shares. ishly asking what it stood for. One senior New members who do not choose a ❝ What did I learn property lawyer, with advanced financial KiwiSaver provider or fund are automati- literacy skills, managed to calculate the OCR cally allocated to conservative schemes run about the ability of backwards in less than a minute from his by Government-appointed default provid- knowledge of the floating mortgage rate ers. The default schemes have been popular, lawyers to make and average lending margins. as have conservative schemes. sound and informed Columnist Janine Starks aptly referred Mixed bag to default KiwiSaver schemes as a “dinghy financial decisions? My So, what did I learn about the ability of law- with one oar”, commenting that default yers to make sound and informed financial funds “were only designed as a temporary prediction that lawyers decisions? My prediction that lawyers are holding tank; a nice safe place to bob around are smart, and not smart, and not just legally smart, was cer- in a life jacket. You are unlikely to sink and tainly justified. If I hadn’t conducted face- you won’t get far. We are then supposed to just legally smart, was to-face interviews and allowed clarification find a suitable boat and sail away with our certainly justified of the questions, the outcome may have choice of V-shaped hull, outboard motor, been slightly different. However, leniency hydrofoils or international cruise liner. is appropriate here, in view of the fact that However, vast numbers of us have been lawyers like to analyse. bobbing around the marina for years. We The lack of KiwiSaver contributions either don’t realise there’s a boat to catch, (especially by partners in firms and other self-employed lawyers) and a or we need some help choosing one.” corresponding lack of knowledge of the scheme (even from active members) were disappointing. Of course, this doesn’t mean lawyers have missed Do lawyers keep abreast? the boat on retirement saving. It may simply mean that for them the Next up was my quest to discover how benefits are immaterial, especially in view of the absence of compulsory financial news ranked on the radar for inter- employer contributions. Lack of access to the funds before the age of 65 viewees. I chose the Official Cash Rate (OCR) may also be constraining. as a means of testing such awareness. The An awareness of current financial affairs, as measured by knowledge interest rate set by the Reserve Bank to of the current OCR, highlights a lack of time or interest for lawyers to meet inflation targets influences the price stay abreast of news in areas not immediately relevant. of borrowing money in New Zealand and The question remains whether this mixed bag of results sufficiently provides the Reserve Bank with a means equips lawyers to make rational and informed decisions about money of influencing the level of economic activ- and their financial futures. Which is why in my next article I will discuss ity and inflation. Eight times a year, the lawyers’ wealth-creating strategies. ▪ OCR review is well covered in the media. I therefore thought a question about the Laetitia Peterson is a personal wealth adviser and is married to competition current OCR level would provide a good barrister Andrew Peterson. She is now the CEO (and founder) of The Private measure as to whether lawyers keep up Office, helping successful lawyers achieve the financial goals important to them to date with financial news. and their families. 25 LawTalk 885 · 8 April 2016 Inside the Law

But are you sure there is no will?

By Geoff Adlam Geoff Adlam

Just over 31,600 New Zealanders died in 2015. Most (98%) were aged 18 goes to solicitors throughout the country. and over. Estimates vary on how many of them died intestate. Consumer In addition to these inquiries a search must magazine reported in 2012 that the rate was less than 5% – about 1,500 be made of the papers of the deceased to intestacies annually. That same year Public Trust said around half of New find out if there is a will.” Zealanders over 18 do not have a will. If these figures match, it indicates While a sizeable number of law firms that most people finally recognise that making a will is the best way of advertise nationally in LawTalk, others only controlling disposition of their assets on death. With an intestacy the inquire locally. If the deceased has spent problems usually begin as soon as family members’ thoughts turn towards their whole life in a district, it is probably a inheritance. reasonable assumption that any will would Determining if a deceased has ever made a will – or even if that dog- be held locally. eared 30-year-old typewritten document is really the last will – is not an exact science. Applications for probate, letters of administration or No magic bullet grant of administration on intestacy all require the applicant to swear After a long career administering and an affidavit that they have made “full inquiries and searches for a will” approving wills applications, former High (if intestate, Form PR3) or that the document is the deceased’s last will Court Registrar Peter Fantham says that in (Forms PR1 and PR2). his experience he is not aware of any test on how far the level or measure of “full Advertisements inquiries” extends or should extend. The question becomes, what needs to be done for a full inquiry and search? “Full inquiries? How long is a piece of One visible sign that searches are going on are the Wills Notices which string? There is no magic bullet or one size appear in LawTalk and other NZLS publications. The first advertisement for fits all. a missing will appeared in the 16 February “I have often thought that advertising via 1978 issue of LawTalk. Now over 700 adver- the local Law Society might not be enough, tisements are placed annually in LawTalk, but if the deceased lived in that area all their other regional publications or emailed to life or a significant number of years then I lawyers in a branch. held the view that such level of inquiry was Many law firms are guided by a statement sufficient in the applications of intestacy. in Dobbie’s Probate and Administration. The “If, however, the deceased had lived 6th edition (2014, LexisNexis NZ Ltd) states ❝ The in various places during their adult life, at 34.20 [slightly corrected where indicated]: national inquiry via LawTalk is justified. “High Court Rules forms PR3-PR6 require question There have been occasions when recall of the making of ‘full inquiries and searches Letters of Administration has been sought for any will’ to establish beyond doubt becomes, when a will has been discovered, after ‘full that the deceased did not leave a will. what needs inquiries’ had been deposed to. That said Inquiry must made of all law firms within there have been similar applications to the area or areas in which the deceased to be done for recall probate when a later will has been lived over recent years and from local found.” branches of Public Trust and the Trustee a full inquiry One of the Dobbie authors, Greg Kelly of Corporations. The method of circularising and search? Greg Kelly Law Ltd, says his firm normally law firms varies from area to area, but the waits 3-4 weeks after placing a Wills Notice initial inquiry should be directed to the inquiry. local [NZLS branch], which either arranges “We normally check the deceased’s advertisement in its publication which goes papers and records and inquire with the to all firms in its area or sends a written family re testamentary documents.” inquiry to its members. If the deceased Mr Kelly says signs which are indicative moved around New Zealand, an advertise- of whether a will is in fact the last will ment should be placed in … LawTalk which include the age of the testator, changes in 26 Inside the Law 8 April 2016 · LawTalk 885

circumstances, and the outcome of inquiries with family members. Wills inquiry survey A survey of those who made wills inquiries in Law Society publications over the last six months resulted in an excellent response rate. It showed that most (64%) placed their inquiry only if the deceased appeared to be intestate. Of the rest, most said it was dependent on the circumstances, such as if a will was older than a specified term (eg, 15 years) or if the deceased had a history of moving to or living in different areas. Most (75%) said the will notice is not the sole inquiry they make as to whether the deceased is intestate or whether the will they hold is the deceased’s last will. The most common inquiries are discussion with family members, a search of the deceased’s papers, circularisation of trust companies and accountants, and contact with local law firms. One tip is to look for Photo by Brian Smith CC-By-NC-SA any firm which carried out conveyancing for the deceased at some stage, with the likelihood that the will was updated at the same time. require a grant of probate, the will was electronically scanned and then Will notices also appear to be more than destroyed. However, an insurance policy was later found and it became “fire and forget”. Of those who responded, necessary to apply for a grant of probate – of a copy of the will – which 80% said someone in their organisation was refused. The Registrar’s conclusion that the appropriate application routinely read the Wills Notices. A rela- was for a lost or destroyed will was upheld in the High Court. tively high 38% said they had received a Justice MacKenzie noted sound reasons for retention of the original response at some time to a Wills Notice will, such as inspection of signatures, the condition of the will, and other which they had placed. matters which can be checked only by reference to the original will. Most respondents waited either one Law firms which cease practice usually hand their documents and files month (53%) or two weeks (29%) after pub- over to the acquiring firm, to another local firm if there is no merger or lication of a Wills Notice before continuing acquisition, or sometimes a solicitor will retain will and advise the New with estates administration processes. Zealand Law Society how to contact them. The Law Society recommends scanning of all such documents for disaster recovery purposes, ensuring Retention and storage that the original documents are retained. Retention and storage of wills is, of course, And, of course, if a will is tracked down, is there any obligation on an essential part of ensuring that a will can the holding law firm to surrender it? Client confidentiality passes to the be located. Law firms and lawyers come executors of the estate after a client has died. Wills are public documents and go. The Law Society-commissioned after probate has been granted, but there are some interesting little issues opinion Ownership and Retention of Records on rights to access or possession of the document. on Termination of Retainer states that doc- It is clear that ensuring a will remains visible and locatable is fraught uments evidencing legal obligations such with some pitfalls. A lot of time may be spent tracking down – or trying as wills will generally be entrusted to the to track down – the all-important last will. solicitor for safekeeping, and clearly cannot be destroyed after any set period of time. Wills registries The period of retention depends on the One scheme which can cover both secure storage and also of easily facil- particular document, and such documents itating inquiry is a registry for wills. There are wills registries in many should not be destroyed without the client’s countries. Some are commercial businesses, such as The Will Registry or owner’s consent. Australia and Certainty the National Will Register (United Kingdom). Recently, in Re Crawford [2014] NZHC 609, Others are managed by state agencies – Singapore’s Wills Registry is the High Court found that a person who is maintained by the Public Trustee and British Columbia’s Wills Registry entrusted with the custody of a will must by the province’s Vital Statistics Agency. All registries seem to operate retain the original document. After a law on a voluntary basis with information on wills and their location being firm decided no assets in the estate would registered for a fee. Continued on next page... 27 LawTalk 885 · 8 April 2016 Notable quotes New Zealand has so far been registry-free, but that is changing. NZ Will Registry ❝ It’s not a game show, we don’t need responses from the back. Ms (www.nzwillregistry.co.nz) is now up and Porter’s doing perfectly well by herself.” running and collecting registrations. Run — Judge Peter Hobbs admonishes someone who called out from the by Kowhiri Ltd, which is ultimately con- public gallery in support of Fiona Porter in Nelson District Court. trolled by Perpetual Guardian Trust founder Ms Porter, who has multiple sclerosis and chose to defend herself, Andrew Barnes, the registry is designed to was charged with cultivating cannabis which she says she used be a repository of information about the to treat her condition. location of wills, and does not store the actual document. ❝ The mantle has been passed down to us from Dr King, Medgar Spokesperson Dave Macken says Kowhiri Evers, Thurgood Marshall. We are going to take that mantle and was set up to provide estate planning soft- lead the people of Mississippi to the promised land – that flag will ware solutions to lawyers. come down after 122 years, I am certain of it.” “As we have talked to lawyers we’ve — Black Mississippi lawyer Carlos Moore, who has filed a federal law- heard that locating a will is a real issue. suit to remove the Confederate battle emblem from the Mississippi Other countries have similar systems so it state flag. seemed only natural for us to create one for New Zealanders,” he says. ❝ He’s black, they hate white folk – storms happen, lightning strikes, “Knowing the existence and location of buildings burn.” the most up-to-date will is the key issue. If — One of several Facebook posts made by those opposed to Carlos there is awareness of this then this can help Moore’s actions. resolve disputes. It’s also important to note that beneficiaries can often be unhappy, ❝ I am very proud of them. It’s fairly unusual for two kids of a judge they can feel the process takes a long time.” to be admitted, although I am not saying it hasn’t happened before.” Dave Macken says anyone can use the — Proud father, Whangarei District Court Judge Duncan Harvey, after service to register or search for a will. It will his children Demalza and Aaron were both admitted to the bar in cost to search for a will, with non-lawyers the High Court. to be charged $10 a search, while lawyers can purchase a “bundle” of searches at $99 ❝ Sleep with it sellotaped to the side of your head if you have to; if for the first 25 and purchase more if needed. you get a call, then you must respond to that.” To encourage adoption Kowhiri is offering — Judge Barbara Morris in Masterton District Court gives some advice the NZWR free to lawyers for the first six to a man who breached his community detention and missed an months up to mid-August. early morning reminder call to his cellphone because he did not “We have spent a lot of time working hear it. through the information that we display and who it is displayed to and why. In short, ❝ I’ve achieved what I set out to do when first elected mayor. I if a member of the public is searching the campaigned on the need for change and the need to sort out the NZWR they will not be told of the location council’s finances and that’s been achieved.” of the will – just its existence – and told to — Hamilton Mayor Julie Hardaker announces that she will not be see a lawyer to find the location. seeking a third term in October but will instead be returning to “We understand that lawyers hold a spe- legal practice. cial responsibility as part of the process and direct non-lawyers to them. However, ❝ You walk into his plush office, and he’s quite presidential. He’s if a lawyer searches, they will be given the always got a cigar in his hand. He’s very polite, offers you tea and location of the will.” biscuits. And then you get down to business. He said to me: ‘There Obviously not all wills will be in the reg- is only one punishment for blasphemy, and only one punishment istry and the site’s success will depend on for insulting the Prophet Muhammad, and that is death. There is having a large number of wills registered. no alternative.’” Registration of a will is free, and Kowhiri — BBC reporter Mobeen Azhar describes his meeting with Pakistani says it is talking to a number of will pro- lawyer Ghulam Mustafa Chaudhry, the leader of a lawyer’s pres- viders to ensure they can put their clients’ sure group which offers its services pro bono to ensure as many wills on the site. blasphemy cases as possible reach court and result in a guilty “We have made sure that users of the verdict. site can easily message lawyers registered with the NZWR to find non-registered wills. ❝ We do not have community law centres in Germany. The approach If a user decides to message the lawyers here is very special, everyone can come and seek advice. There is we aggregate these requests and send a a lot of advocacy in the law centre.” weekly email.” ▪ — German law student Franziska Fischer after finishing a three-month internship at the Tairawhiti Community Law Centre. 28 Inside the Law 8 April 2016 · LawTalk 885

young man who waded up to his knees in The rich vein of an ornamental duck pond at a “daylight festival of amplified pop music” in Napier’s Botanical Gardens had been guilty of dis- New Zealand orderly behaviour. “Normally it is occupied only by goldfish and a few wild ducks, but on this occasion judicial humour they were joined for a few brief moments by the appellant. The ducks seemed unper- turbed – they remained on the surface of The courtroom is often a place where jokes would not be ❝ Justice Kós the water with scarcely an increase in their welcomed or appreciated. However, it is clear that many rate of stroke. The attitude of the goldfish members of New Zealand’s judiciary have injected appro- may be the is unknown” [at 925]. priate bursts of humour into proceedings or their judgments Fast-forward to last year and the expert to bring things to back earth or diffuse tension. author of one scene-setting from Justice Stephen Kós Former Judge’s Associate (now at Clifford Chance) Jack of a very few for an event which took place in Hornby, Oakley and Macquarie Law School Professor Brian Opeskin Christchurch after 1 in the morning: are publishing Banter from the Bench: The Use of Humour in judgments to “A bad day for Mr Daniels, and one about the Exercise of Judicial Functions in a forthcoming issue of the to get worse. After drowning his sorrows Australian Bar Review. They note that judicial humour has begin with a at a local bar he went out to his truck and rarely been subjected to considered analysis in Australia, pun. In doing so started the engine. At that point a police find numerous instances of judicial officers using humour constable emerged from the shadows of in the exercise of their official functions, and conclude that he also sums up the night, breath-tested Mr Daniels and judicial humour has a definite place in the curial process. the whole issue arrested him” – Daniels v Police [2015] NZHC The examples the learned authors give are entertaining, 358 at [1]. but not roll-in-the-aisles-funny. A quick search of New Zealand examples has shown that our judiciary shapes up A punny beginning extremely well when it comes to the apt use of humour. Justice Kós may be the author of one of a very few judg- Two broad categories arise immediately: the considered ments to begin with a pun. In doing so he also sums up the written judgments, and remarks made in the courtroom whole issue in nine words: “A case of whisky, or something during the quick exchanges made in litigation. vaguely like it.” (The Scotch Whisky Association v The Mill The humour found in judgments usually arises in situ- Liquor Save Ltd [2012] NZHC 3205 at [1]). ations where an individual has fallen foul of the might of Heading (no pun) up to Hawke’s Bay, Justice Collins the justice system or the unwelcome attentions of bureau- must have written the following passage in the famous cracy. It is gentle and sympathetic while preserving the St John’s College Haircut Case with a smile: need to see justice done. “It has not been possible to determine when the hair rule was first adopted by the School. Mr Battison has annexed to Handsome Ben his second affidavit photographs of students at the School Near the top of the list has to be Justice Hammond’s classic in the mid-1970s. The photographs show many boys with judgment in Lowe v Auckland City Council 12 May 1993, hair considerably longer than Lucan’s. A number of the High Court Auckland, AP44/93. The Judge agonised over an students in these photographs have become successful appeal from a District Court Judge’s allegedly “manifestly members of society, including one who has recently been excessive” fine of $100 for failure to register a “handsome appointed a District Court Judge. If the hair rule existed German Shepherd called Ben”. The whole of Sir Grant’s in the mid-1970s it was not enforced” (Battison v Melloy brief judgment is worth reading, but here’s an excerpt: [2014] NZHC 1462 at [11]). “The fateful moment for the hearing of this appeal Unfairly remembered for his “orchestrated litany of lies” arrived. The Court Crier and the Registrar duly attended comment, Justice Peter Mahon crafted many judgments on me in my chambers. In full High Court regalia we pro- which showed a lively sense of humour. He managed to cessed through several levels of the High Court building combine Shakespeare and crayfish to entertaining effect at Auckland. Other processions of bewigged and black- in Fisheries Inspector v Wareham [1974] 2 NZLR 639 at 641 robed Judges were likewise criss-crossing the building at and 642: 10:00am, sidestepping each other in a manner reminiscent “The fisheries inspector took a serious view of the matter. of line-out drills for aged All Blacks.” He asked the respondent for his explanation. The respondent Going back a few decades, Sir Owen Woodhouse in referred at length to the difficulties which he had expe- Kinney v Police [1971] NZLR 924 had to decide whether a rienced. Like Ariel at the cave of Continued on next page... 29 LawTalk 885 · 8 April 2016

Practice Guidelines ❝ Snappy judicial rejoinders The New Zealand Law Society’s website contains a wide variety of information and observations during court and guidance which is aimed at assisting with lawyers’ understanding of the regu- proceedings can become legend lations and requirements for legal practice. A selection of these are outlined below. Updates and new additions are regularly Prospero, he described with animation the perils of the advised through LawPoints. These guides deep. He referred to the bad weather on the voyage home may be easily viewed or downloaded. We and to the rough seas which had occasioned the loss of have included the website address. The Law the approved measuring stick bearing the official stamp. Society website (www.lawsociety.org.nz) also He adverted to the presence of a thousand live crayfish has a powerful and effective search engine on board and emphasised the uncertainties inherent in and any of the guides below can be located measuring a lively and hostile captive crayfish. He spoke by typing the title into the search box and with particular feeling, I dare say, in respect of those cray- hitting “search”. fish whose tails were officially ascertained to be eight and General guidance three eighths inches instead of eight and one half inches. But the inspector was unmoved by this recital and the Frequently asked questions about respondent was in due course prosecuted under reg 5 (b) the complaints process of the Rock Lobster Regulations 1969.” Receiving a complaint from a client can be Snappy judicial rejoinders and observations during court a stressful and worrying experience. This proceedings can become legend. They are usually depend- guide answers some of the most common ent on someone recording them and unless recorded for questions lawyers have posed about the posterity will ultimately vanish as memories dim. Former complaints process – what happens, and District Court Judge John Cadenhead notes that the late what courses of action they can take. www. Sir Graham Speight (on the High Court bench from 1966 lawsociety.org.nz/for-lawyers/regulatory- to 1998) would sometimes call “wide” and “no-ball” from requirements/complaints-and-discipline/ the bench if counsel were “wide of the mark” (Law Stories, frequently-asked-questions-about-the- LexisNexis NZ Ltd, 2002, page 57). complaints-process. Apt comments Ownership and retention of records The late Judge Mick Brown was renowned for his ability on termination of retainer to find an amusing and apt comment on the bench. Law This is a comprehensive legal opinion by Stories records two of them: barrister Andrew Beck on the law and “Mr X. I think your eggs are ready.” (The comment from requirements. Its objective is to pro- the bench when a pager went off in the pocket of a barrister vide guidelines, with discussion of the who was earnestly addressing Judge Brown). legal basis underlying those guidelines. “A police inspector had given evidence about a dawn raid www.lawsociety.org.nz/__data/assets/pdf_ on a motorbike gang headquarters. I asked him whether file/0003/69762/Ownership-and-retention- there was any resistance by the occupants. He said No, of-records-opinion-Apr-2014.pdf. it was peaceful except that their dogs and our dogs had a bit of a stoush. ‘Who won that?’ I wondered out loud. Practice Briefings The answer came from the bench. ‘My money is on the The Practice Briefings series aims to provide mongrels’.” (John Chadwick, Law Stories, page 248). guidance and information on best practices. Ending in more recent times, Christchurch District Titles are updated regularly and the date Court Judge David Saunders’ gently ironic remark last is shown at the end. All titles in the series year came about when he noted a coincidence of name can be accessed from www.lawsociety.org. and inquired whether the owner of a property damaged nz/practice-resources/practice-briefings. in an arson case was Justice Minister Amy Adams (it was not). Irritated at long delays in the new restorative justice Addressing members of the system, the Judge observed: “She might find herself going judiciary off to a restorative justice conference.” ▪ As advocates, it is important that lawyers 30 8 April 2016 · LawTalk 885

observe the correct forms of address in their dealings with members of the judiciary.

Certification under the Anti- Money Laundering and Countering Financing of Terrorism Act 2009 Lawyers are not yet reporting entities but are asked to certify documentation by the customers of reporting entities such as banks. Information is provided on the wording which lawyers may use when certifying such documentation. Choosing trust account and practice management software General guidance for lawyers considering office software solutions, with the matters which should be considered before invest- ments or decisions are made. Conduct and Client Care Rules and the Closing down or selling a law firm Financial advisers legislation – Privacy Act 1993 to protect clients’ per- There are a number of regulatory and pro- implications for lawyers sonal information. cedural requirements if a lawyer decides Aimed at assisting lawyers with an under- to close down or sell a law firm. standing of the practical application of the Property transactions with 2008 Financial Advisers legislation. potential methamphetamine Cloud computing guidelines for contamination lawyers Getting started with Twitter Through a well-informed lawyer, clients Legal practices are increasingly using cloud This is based on the New Zealand Law can avoid costly mistakes in purchasing a storage and this aims to give guidance on Society’s experience in setting up and property contaminated by this most dan- best practices for moving to the cloud, operating a Twitter account. gerous of drugs. while maintaining lawyers’ professional obligations. Guidance to lawyers considering Protecting clients’ personal acting under a limited retainer information Correctly addressing parties of Good practice for lawyers undertaking Guidance on best practices for storing per- Asian descent limited retainers (known as “unbundled” sonal information. Lawyers are required How some Asian (particularly Chinese) legal services). to protect and hold in strict confidence all names should be presented and used, information concerning a client which is with a recommendation that lawyers Keeping personal details on the acquired in the course of the professional clearly ascertain from their clients how electoral roll confidential relationship. they prefer to be named. For lawyers with clients who have genuine reasons for requiring their details to be kept Running an effective internal Counsel moving admission of off the electoral roll. complaints process barristers and solicitors to the High Best practice information for lawyers on Court Lawyers nominee companies and responding to complaints and establishing Advice and information for lawyers who contributory mortgages an effective system for complaint investi- want to move an application for admission Law Society Board-approved guidelines gation and resolution. to the High Court, including when a current to assist with compliance with the rules practising certificate is not held. governing lawyers nominee companies. Seeking employment as a lawyer Advice and information on best practices Email scams which target lawyers Offering legal services on the for seeking employment as a provider of Some of the most commonly encountered internet legal services, with a focus on first-time lawyer email scams in New Zealand, plus The requirements under the Lawyers and job seekers. some tests for detecting them. Conveyancers Act 2006 and associated regulations for providers of online legal Working as a law firm consultant FATCA and New Zealand law firms services. Becoming a consultant usually involves a The FATCA agreement between New change in employment status and raises Zealand and the United States has impli- Privacy communications when some professional regulatory issues. ▪ cations for the way New Zealand law firms communicating with third parties with trust accounts conduct their practice. Lawyers have obligations under both the 31 LawTalk 885 · 8 April 2016

The Christchurch Justice and Emergency Services Precinct A state of the art facility for legal professionals

Ministry of Justice Chief Executive Andrew Clockwise from left: Bridgman discusses the state of the art ▶ Construction under way Justice and Emergency Services Precinct on the Christchurch which, when complete, will bring all Justice and Emergency Services Precinct, as Christchurch’s justice and emergency ser- viewed from Durham vices together into one modern building Street. designed with people in mind. ▶ An architectural rendering of the interior With just over a year to go until the precinct opens for busi- atrium, a focal point of ness, I recently travelled to Christchurch to talk with the the precinct. legal profession about how the new building will deliver high quality justice services for Cantabrians. Making sure ▶ An architectural legal professionals working in and using our buildings rendering of the finished have the right tools, resources and support to serve their precinct, as viewed clients is an important part of this. from the Northwest We’re excited to be returning justice services to the corner (intersection of central city. Our court buildings throughout New Zealand Durham St, Lichfield St are a key point of connection with the communities we and Oxford Terrace). serve. We think this building will make life easier for the people who work in it and the 900 people we estimate will be visiting every day. We’re also very pleased to be With its 19 multi-jurisdictional courtrooms offering so many services under one roof. (six of which are jury capable), the precinct The largest multi-agency project in New Zealand’s his- will be well equipped to provide full court tory, the 42,000m2 precinct will be a showcase for modern services for Christchurch, with built-in justice services. flexibility in its design to meet changing This building symbolises much of what we have been demands for these services as they arise. trying to achieve in our drive to modernise courts and The precinct will make smart use of the tribunals. The ministry’s mission is to deliver modern, acces- latest communication technologies. Like sible, people-centred justice services for New Zealanders. many other courts we’ve recently upgraded, Our starting point for modernisation has been to re-frame we’ll have broadcast quality video-confer- our thinking with a view of the customer and we have encing in the courtrooms and judge’s cham- been able to bring this thinking into the physical design bers. This allows for the clear presentation for the precinct from the start. Of course it’s not just about of evidence during hearings and for people the building; it’s about how we are planning to operate involved in some court events to participate within it. remotely. Fewer people needing to travel One of our key aims is to ensure that our services are fit to court to attend hearings means fewer to meet the need for justice services well into the future. case delays. 32 8 April 2016 · LawTalk 885

The building’s infrastructure is designed to a wide range of research materials, the more opportunities for collaboration with to support innovation in the future – for precinct will offer a spacious, comfortable, our justice sector partners including Police example the latest case scheduling and well-lit environment for doing business. and Corrections. This will help to provide management tools for lawyers, which Of course, improving justice services more joined up services and more efficient would make it easier to book rooms and doesn’t just stop at improving the court ways of working in the areas where our to schedule events. Free high speed wi-fi system. As with the recently refurbished work overlaps. will be available for people working in or and extended Manukau District Court, These are just a few ways in which the visiting the precinct. the precinct will feature a one-stop-shop precinct, as part of the ministry’s mod- We’ll also be operating our text message customer service centre staffed by a team ernisation programme, will help legal pro- reminder service which will help get people trained to provide counter services for all fessionals to do their job. I look forward to court events on time and reduce non-at- jurisdictions. This means our court coun- to sharing more about this project as we tendance. ter customers can use this service desk head towards completion. The building boasts numerous other facil- whatever their enquiry, be it paying a fine More information is available on the ities for lawyers and judges wanting to get or accessing support services. Christchurch Justice and Emergency on with their casework between hearings. Finally, by bringing eight different justice Precinct website https://ccdu.govt.nz/projects- With a business suite within the Justice and emergency services together into one and-precincts/justice-and-emergency-services- Building, a Law Library and remote access modern building, the precinct will provide precinct. ▪ 33 LawTalk 885 · 8 April 2016

Given the tight deadlines of the conference, the indaba method was lauded by diplomats as an efficient means of ensuring all parties had an opportunity to be heard, Paris climate talks while simultaneously bridging differences and achieving breakthroughs where other forms of negotiation had failed. A case study in high-stake Bottom-up contributions negotiations In contrast with previous international efforts to combat climate change, the parties in Paris shifted away from imposing “top- By James Young-Drew down” legal obligations. Instead, the Paris model requires each party to proactively determine its own level of commitment As an officially accredited observer to the Paris climate talks, towards the common cause, then review I witnessed first-hand the frenzied, high-stake exchanges and escalate these commitments at regular between some of the most experienced international nego- intervals going forward. tiators on the planet. In socio-political terms, this non-binding There are powerful negotiation strategies to be learnt “bottom-up” approach was necessitated by from Paris, all of which are relevant to executives, lawyers, the United States Senate’s unwillingness to and decision-makers alike. ratify a legally-binding climate treaty. The Following the November terror attacks, the mood in Paris issue of whether these “bottom-up” com- was grim. The talks were pervaded by a strong sense of James Young-Drew mitments can be legally enforced underlies purpose and, as the deadline drew ever nearer, palpable much of the criticism directed at the Paris desperation. By the end, I regularly witnessed huddles of agreement as a whole. diplomats asleep in the corridors, absolutely spent after What this framework achieves procedur- their third straight all-night negotiation. ally, however, is to stimulate stakeholder For further context, imagine being confronted by a prob- engagement. 187 out of 196 states have now submitted lem of unprecedented complexity and consequence. Any the details of their intended contributions. These parties progress will require consensus from hundreds of dis- entered the Paris conference with self-determined contri- parate stakeholders. The issue is further marred by legal butions already on the table, creating a benchmark from limitations, language barriers, diplomatic considerations which negotiations could proceed. and a history of failure. Christiana Figueres, Executive Secretary of the United This was the situation facing the United Nations and the Nations Framework Convention on Climate Change, has French Presidency in Paris where, after years of preparatory described the Paris agreement as a new model of 21st meetings and then two weeks of non-stop negotiations, century diplomacy, establishing “very different ways of they brought about the adoption of the first ever universal dealing with challenges and very different ways of deliv- climate change agreement on 12 December 2015. ering solutions”.1 Much has been written about the substance of the agree- Could this new model of co-operative state governance ment and whether it does enough to combat the threat lead to a comparable shift in proactive problem-solving in of climate change. In this article, however, I’ll address private sector negotiations? Requiring parties to prepare the procedural aspects of the conference as a case-study in details of their contributions before starting negotiations high-stakes negotiation. What are the key strategies we could pay dividends when developing multi-party com- can take from Paris? mercial agreements, for example, or when approaching a complex dispute from a more solutions-focused perspective. ‘Indaba’ negotiation method To overcome the complexities of multi-party negotiations, Eleventh hour crisis the UN employed a decision-making process known as There is always a possibility that negotiations will go pear- an “indaba” (pronounced in-dar-bah), a form of meeting shaped at the last minute. In Paris, this took the form of used by the Zulu and Xhosa people of Southern Africa. As the US objecting to a single word in the dying moments the conference progressed, officials increasingly relied on of the conference. face-to-face indaba sessions to tackle unresolved issues. The offending clause stated that developed countries Indaba participants take turns to speak, often in a stand- “shall” undertake economy-wide emission reduction targets, ing circle, but instead of entrenching a negotiating position, whereas developing countries “should” undertake the same. each speaker must state (a) their “red line” (a bottom-line In legal parlance, “shall” denotes a legally binding obliga- position which cannot be crossed) and, more importantly, tion, while “should” does not. Several parties maintained (b) their proposed solution to achieve consensus within that the “shall”/”should” distinction was a deliberate and the group. crucial component of the clause. However, realising that a 34 8 April 2016 · LawTalk 885

legal obligation would require Senate ratification under US treaty law, secretary of state John Kerry put his foot down. What followed has all the makings of UN negotiation folklore. In a diplomatic concession that arguably prevented the entire agreement from being re-opened for debate, the French Presidency agreed to modify and dismiss the “shall”/”should” problem as a typo caused by sleep-de- prived officials. The extent to which this explanation reflected the intent of other parties is unclear. In the words of The Guardian:2 “Was it a stitch-up? America’s great escape? Or a genuine error? Either way, the world had a historic, universal climate change deal”. There are a multitude of lessons we can take from this incident. For starters, it’s evident that the role of the chairperson or facilitator is critical, that a single word or phrase can be of the utmost importance, that best laid plans can still UN Secretary General Ban Ki-moon delivers a joint press conference with United Nations go awry at a critical moment, and that in negotiations Framework Convention on Climate Change (UNFCCC) Executive Secretary, Christiana nothing is decided until everything is decided. Figueres. Joel Lukhovi / Survival Media Agency. But, above all else, it’s a useful reminder that in even 1 The Guardian “Paris climate deal offers flame of hope, says UN the most complex of high-stake situations, the simplest official” (17 January 2016)www.theguardian.com/environment/2016/ solution should never be written off. A typo, indeed. ▪ jan/17/paris-climate-deal-flame-of-hope-diplomacy-christiana- figueres. James Young-Drew is a solicitor at Wigley & Company in 2 The Guardian “How a ‘typo’ nearly derailed the Paris climate deal” (16 December 2015) www.theguardian.com/environment/ Wellington. He attended the UN Paris climate talks as a co-con- blog/2015/dec/16/how-a-typo-nearly-derailed-the-paris-climate-deal. venor of the New Zealand Youth Delegation 2015.

You be the judge

With legislative changes to contributory mortgage schemes coming soon, now may be a good time to consider partnering with Avanti Finance. Avanti Finance is a specialist lending and mortgage lending organisation looking for new professional partnerships with like-minded law firms. Our philosophy is all about flexibility and assisting you to continue to offer mortgage solutions to your clients. To talk about professional partnership opportunities, call Mark Mountcastle (CEO) on 09 970 4733, or email

[email protected] to receive an Information Memorandum on Avanti Finance and our mortgage offering. LT001

avantifinance.co.nz

35 LawTalk 885 · 8 April 2016

Wrong way round confusion evidence not helpful

By Kate Duckworth

A trade mark may not be registered if it is likely to cause Communications was associated with confusion or deception with another trade mark on the TomTom International. In fact what was trade marks register or being used in the marketplace. occurring was that customers and potential This is often a hypothetical assessment, as more often customers of TomTom International were than not, one or more of the trade marks is not actually contacting TomTom Communications. being used in the New Zealand market. Since TomTom International’s launch in Evidence of actual confusion between trade marks oper- New Zealand in 2006 Hosking had been ating in the market is to intellectual property cases what a receiving enquiries, by telephone, email smoking gun is to criminal cases. There is authority to the Kate Duckworth and postal mail intended for TomTom effect that evidence of actual confusion and deception is a International. Hosking also said that it had complete answer to the question of whether trade marks become difficult to promote her own com- are likely to deceive or confuse the public. Like all matters pany and services because people assumed legal, that evidence needs to be scrutinised in order to her company was TomTom International. assess whether it proves what it is alleged to prove. One of the major contributing factors to people contacting Hosking when they were looking for TomTom International Background was that TomTom International did not have a New Zealand In 2011 the Dutch navigation company known as TomTom specific website and did not list any New Zealand contact (“TomTom International”) applied in New Zealand to reg- details on its international website. ister two trade marks – “TOMTOM” and . In the opposition before the Intellectual Property Office Gaylene Hosking is the owner of an earlier filed mark of New Zealand, the Assistant Commissioner ruled that not for TOMTOM in New Zealand. Ms Hosking licences the all of the instances of confusion arose simply as a result of company which she controls, TomTom Communications similarities between the marks and/or the respective goods Limited, to use that trade mark. and services, and people contacting the wrong company, Ms Hosking and TomTom Communications Limited and not because of TomTom Communication’s reputation, (Hosking) provide communications, marketing, promo- and the evidence of confusion must be viewed in this light. tion, brand development, website development and cri- The opposition was dismissed. tique, media strategies, training, advertising, research and Hosking appealed the opposition decision to the High analysis, lobbying and reputation management services Court – TomTom Communications Limited & Hosking v under the trade mark TOMTOM and have done since 1998 TomTom International B.V. [2015] NZHC 3333. The judge in New Zealand. ruled that most, if not all of the evidence, was of people TomTom International’s trade mark applications were who knew of TomTom International, but had no knowledge accepted by the Intellectual Property Office of New Zealand of Hosking and her business, and hence the description and Hosking opposed on the basis that use by TomTom “wrong way round” confusion. The evidence therefore did International would be likely to deceive or confuse under not meet the test set out in Pioneer Hi-Bred Corn Company the Trade Marks Act 2002. The test for likely to deceive or v Hy-line Chicks Pty Ltd [1978] 2 NZLR 50 (CA) at [60] that confuse is, having regard to the opponent’s reputation, having regard to TomTom Communication’s reputation, use of the applicant’s mark likely to deceive or confuse the use of TomTom International’s mark would be likely prospective or potential purchasers of the applicant’s goods? to deceive or confuse prospective or potential purchasers of TomTom International’s goods. Wrong way round The judge referred to authority that potential customers One of the key issues in the opposition was what was and customers must be aware of the opponent’s mark, in referred to as “wrong way round confusion”. Wrong way this case, aware of TomTom Communications. Because round confusion occurs when members of the public are those who were confused, or even deceived, were not confused into thinking that an opponent to registration aware of Hosking’s marks, the evidence of confusion and is associated with an applicant for a trade mark; in this deception was not relevant. The judge agreed with the case, a belief by members of the public that TomTom 36 8 April 2016 · LawTalk 885

Assistant Commissioner that the confusion that was occurring was not in the way that the Trade Marks Act is generally understood to operate, that is, that an opponent points to its own reputation and says that because of that reputation, confusion or deception is likely to arise. The confusion that was occurring here was said to be simply a failure by people to make contact with the organisation they were trying to make contact with. As a final blow to Hosking, the Judge also ruled that the marks had only just met the threshold for having a reputation and fell short of being well known in New Zealand. The moral of the story is that it is not just any evidence of confusion that will do and the evidence of confusion and deception must be carefully analysed as to the cause of it. Hosking has a right of appeal to the Court of Appeal. ▪

Kate Duckworth is an intellectual property lawyer and patent attorney at Catalyst Intellectual Property. She practises mostly in dispute resolution and trade mark portfolio management.

37 LawTalk 885 · 8 April 2016

Traditionally the legal profession has generally been slow adopters of technology, but this is changing as international developments and practices are also impacting here in New Zealand. It is important to explore how to leverage technology effectively to help improve the efficiency of lawyers and their firms. The opportunity to perform legal tasks better The availability of technology enables us to do things better, better than we do at present and for less money. When we look back a few years there has been considerable change in how the practices of law firms have evolved. How we access case law, research, manage documents, dictate, bill and communicate has all changed significantly over that time. Many of these tasks previously were manual exercises, mostly involving paper methods and took considerable time to complete. The days of teams of lawyers doing document review, or sifting through files are How technology is over. Many of these tasks are being performed quicker, cheaper and more accu- rately through the assistance of technology. transforming the Many of the technologies are a lot more accessible, which provides increased opportunities for lawyers to take advantage. This practice of law especially helps firms that may not have the same resources available as some larger firms, but still have highly skilled legal staff. By Andrew King What does the future hold? Each year we see greater advancements in The advances in technology have greatly transformed how technology, and also how firms are using it. we now work and will continue to do so. Clients expect technology to be used effi- The computer has the ability to do amazing things. We ciently by their lawyers and their firms. only need to look at the impact of automation and the use They now want value, speed and innovation of artificial intelligence, with the likes of IBM’s Watson from their law firms. and more its use with the Chess Grandmaster. In the future, there will be further auto- We probably all use the likes of Google, Facebook, mation of tasks that are time consuming, LinkedIn, Twitter, internet banking and even instant costly and presently performed by humans. messaging in our personal lives. These days we have the Andrew King Further automation of legal tasks will flexibility to access these applications on multiple devices enable law firms to be more innovative and from different locations. in how they service their clients. At the same time we see the dramatic headlines of “robots Lawyers will be able to focus on practis- replacing lawyers” or how technology has the potential ing law and providing expert legal advice to result in job losses, which does little to encourage us for their clients, instead of being restricted to embrace technology. Often it may put us off. by time consuming administrative tasks. Although these headlines potentially do have some degree of merit, it is no different to the impact that technology We need to know this is having in other professions or industries. Technology competence now needs to be at the forefront of practitioner’s minds. Being The technology is available tech savvy is an essential skill for lawyers The technology is there – it is getting lawyers to adopt it. and will become more so as technology 38 8 April 2016 · LawTalk 885

evolves further. and technology experts. The speakers will share their expe- It is becoming increasingly difficult to practise law with- riences to encourage greater adoption of technology by out an understanding of technology, or to have access to New Zealand law firms. someone who can provide assistance to help you work LawTech NZ provides the opportunity to hear the experi- more efficiently. ences of what firms are currently doing here and abroad, at It is important for lawyers and their firms to keep abreast the same time as predicting how technology may be used of the developments in this fast changing area. Even if by lawyers and their firms in two or even five years’ time. you are not currently embracing some of the technolo- The event provides lawyers and their firms with the gies available, it is important to at least be aware of what opportunity to see the technologies themselves, to assist opportunities that technology may bring, both today and in evaluating if they may assist their practice. into the future. LawTech NZ will equip lawyers and their organisations with greater knowledge and the confidence to embrace How to learn more about leveraging technology both now and into the future. For more infor- legal technology mation see www.lawtechnz.com. Lawyers and all legal support professionals can learn more about leveraging technology at LawTech NZ in Auckland Conclusion on 11 May. Innovation through the use of technology is becoming a The one-day conference provides a platform to educate, game changer for providing legal services. Knowing how showcase and encourage greater adoption of technology to leverage technology more effectively will help lawyers by lawyers and their firms. and their firms practise law more efficiently. ▪ Keynote speakers include Rod Drury, the CEO and founder of New Zealand’s most innovative and successful tech- Andrew King is the founder and strategic advisor at E-Discovery nology company Xero, together with Judge David Harvey Consulting (www.e-discovery.co.nz), where he manages the and Justice Raynor Asher. entire discovery process or provides independent advice on any They are joined by representatives from the Serious aspect of it. He also organises New Zealand legal technology Fraud Office, Microsoft, Russell McVeagh, Shortland event LawTech NZ. Andrew can be contacted on 027 247 2011 Chambers, Lowndes Jordan and many more leading legal or [email protected].

Don't stress about the new Health & Safety at Work Act – we've got a plan

On April 4 the new Health & Safety at Work Act 2015 becomes law. If you own or manage a business you'll need a simple solution to help you address the requirements of the new Act.

Over 15,000 New Zealand companies are already prepared for the changes with a HazardCo Health & Safety system. As the country’s leading provider of H&S solutions, we offer a simple and effective system ready for you to implement and run yourself. From as little as $490+gst you’ll get a H&S policy and set of procedures, practical tools, expert advice and a 24/7 accident support service – everything you need to address the requirements of the new Act.

To find out more or to get your H&S sorted go to www.hazardco.com or call 0800 555 339 HZCLT001

39 LawTalk 885 · 8 April 2016

Courts can be ‘circuit-breaker’ for violence

Genuine potential exists for the courts to be a “circuit about individual cases so we make sound, breaker” for families trapped by violence, according to safe decisions. Chief District Court Judge Jan-Marie Doogue. “A standout example of this is the “Judges of the District Court are willing to play our part,” so-called ‘Judge’s Pack’, an information Chief Judge Doogue told the Auckland Women Lawyers’ sharing system being piloted among judges Association Criminal Justice Forum on domestic violence when considering both opposed and unop- on 10 March. posed bail applications. “But there are caveats. These relate to how much more “They include Family Violence Summary courts can do safely and effectively within current resource Judge Doogue Reports which give judges access to infor- constraints and existing legislation. mation held by Police on a defendant’s “So willing? Yes. Able? Not as much as we would like to family violence history. These flag any be,” Chief Judge Doogue said. prior family violence records, as well as “For vulnerable people whose level of injury and hurt all police safety orders, protection orders suggest the principle ‘do no harm’ has been utterly absent and breaches. from their lives, it is vital that at the very least the justice “Judge John Walker, who is based in system should do no further harm. Yet we are being told Porirua, took a lead in developing the con- loud and clear that many of these people feel let down by cept with police and the Ministry of Justice. the justice system or, worse, that it amplifies their trauma Natalie Walker “The pilots at Porirua and Christchurch – and worst of all, that it may put them in more danger. were introduced last September and will “Firstly, can I assure you that District Court Judges have be subject to full evaluation. been listening. “The approach is testament to what can “We are attentive to the debate around better addressing be achieved when the collective minds of family violence, and to suggestions for making the path those at the sharp end of the administration to justice for sexual violence complainants, in particular, of justice are encouraged to innovate and less traumatic.” share ideas, and are supported by govern- Judges are already taking steps – and plan to take more ment in doing so.” – to help ensure family and sexual violence cases are dealt Jacinda Adern with more effectively, safely and sensitively within the Gaining plaudits limitations of the current legal framework and justice Another judge-led initiative in Whangarei infrastructure, Chief Judge Doogue said. aims to reduce stress on child witnesses and anecdotally, is getting plaudits from Series of initiatives police, prosecutors and victims advisors. “In the District Courts we have started a series of initia- “Judge Duncan Harvey blazed the trail tives to give judges a solid knowledge of the dynamics of here. Concerned about the impact trial pro- family violence and its complexities; and also to ensure cesses were having on children, especially we draw on all the knowledge and relevant information Anita Killeen in cases that involve sex offending, Judge Harvey began thinking about possible innovations to lessen the impact of Court proceedings on these vulnerable witnesses. “At the same time he wanted to ensure, as far as possible, that the court got the best evidence and thus a fair trial. Providing Professional Indemnity and specialist insurance “It seemed to Judge Harvey that these products to the Legal Profession two goals were intrinsically linked. The trial Visit www.justitia.co.nz for further information and application forms processes that were having a traumatising Or Contact: Mr Ross Meijer, Aon New Zealand effect on child witnesses appeared also to 04-819-4000 be resulting in potentially valuable evidence [email protected] being lost or obscured. “The Whangarei jury judges put their 40 8 April 2016 · LawTalk 885

heads together, did their homework and developed a set of practices to we must work within provides no facility address this. They include simple improvements that do not rely on law for this at the moment. changes, such as making the rooms where children give evidence by “Alternatives such as inquisitorial-style video link child friendly. courts, treatment courts or ‘one-Judge-one- “Children are no longer left waiting around to give evidence. They are family’ courts spanning several jurisdic- not brought to the courthouse till half an hour before they are called. And tions all require legislative mandate and child witnesses get to meet the judge and counsel in person before they a fundamental shift in approach. encounter them on screen, which seems to give children more confidence. “Even the changes envisaged by the Law Commission for the rules of evidence to Judicial education lessen the trauma for adult complainants “Judicial education is crucial not only to ensuring these sorts of initiatives in sexual violence cases would require a get good uptake, but also to improving the quality and fairness of justice law change.” administered in family and sexual violence cases.” For now, any new sexual violence courts Judges are committed to lifting our understanding of the complex would have to be set up within existing dynamics of family violence and abuse. legal provisions and jurisdictions and rely- “Last year’s three-day District Court Judges’ Triennial Conference was ing on organisational and practice change. the first time in the history of the District Court Bench that the entire “There is no escaping the fact that inten- conference was devoted to a single subject. That subject was family and sive or ‘wrap around’ courts like those we sexual violence. operate in the Youth jurisdiction and the “Newly appointed judges are now put through an intensive programme two pilots of the Alcohol and Other Drug that places considerable emphasis on family Treatment Courts are expensive in the short violence education. Family violence train- term. But I trust the so-called investment ing is also a recurring component of the approach to justice we hear talked about Community Magistrates’ annual confer- will eventually see the long-term value of ence. ❝ Judges are these sorts of initiatives. “So that education can reach as many “I stress that, ultimately, these are deci- judges as possible, the Institute of Judicial committed to lifting sions for elected lawmakers. Studies programme this year will include “Better practices should be taken in par- two rotations of a two-day workshop on our understanding allel with other advances that modernise, family violence. And there are plans to of the complex strengthen and enhance the fair and impar- provide judges with updates on emerging tial delivery of justice overall – in all our family and sexual violence-related topics dynamics of family courts, Chief Judge Doogue said. throughout the year. Day-long updates have violence and abuse already been scheduled in five major cen- Need for education tres throughout April. “I’m not so naïve as to think that prose- “There is still more to do,” Chief Judge cution is the solution to our unacceptable Doogue said. family violence problem,” Natalie Walker, Crown Solicitor for Manukau, told the Specialist courts forum. Prosecution and legislative reform “Most recently I have turned my mind to the aren’t a magic bullet, she said. recommendations of the Law Commission “Most of our energy should go into education and strategies for inter- on the Justice Response to Sexual Violence. vention to protect victims – education of children before they become I have paid particular attention to the rec- adult offenders, or victims, or mute bystanders to the problem; education ommendation for specialist sexual violence of victims; and education of offenders.” courts. Ms Walker outlined two positive developments “I think should be “Tonight I can share with you my inten- supported”. tion to explore the feasibility of such courts. One is the Gandhi Nivas (Man of Peace) safe house in Otahuhu. This is “A steering committee to consider the a Police-backed community initiative – the brainchild of Ranjna Patel, issue met for the first time last week and the director of Nirvana Health Group. includes representatives from the Ministry “Instead of the wife and children having to seek refuge outside the of Justice, Police, Crown solicitors, the Law home, or the husband served with a Police Safety Order sleeping in a Society and the Bar Association.” car until he decides enough is enough and breaches it and comes home, Specialist courts are not new in New Gandhi Nivas provides a place for men to go and stay. Zealand. “We already have dedicated family “As far as I’m aware, it’s the only residential non-violence programme violence court sittings, though I am the first for men in New Zealand. It has 12 beds, cooking facilities, a live-in social to acknowledge that these are not the sort of worker and access to counsellors – all for free.” integrated courts the Family Violence Death It has been operating for 15 months “and is achieving great results,” Review Committee, among others, wants Ms Walker said. to see explored. The legislative framework The second initiative is a documentary,Making Good Men, which will 41 LawTalk 885 · 8 April 2016

screen later this year on Prime TV. It’s where there is domestic violence”. the story of All Black Norm Hewitt and “I believe we can create big and long-term change, but Hollywood actor Many Bennett. Norm heat Far too often we it will require us to go back to the very beginning,” Ms Manu up at Te Aute College in Napier. underestimate Ardern said. “What’s important about the documen- “If the biggest determinant of whether we grow perpe- tary is that we see where that violence the impact [of trators of violence in this country, is if they are exposed came from – from Norm’s own childhood to it, let’s do all we can to support our mothers. And by of family violence (as victim and witness family violence] support, I do not mean telling them that if they stay in to his father’s violence against his mother). on children a violent relationship that they will lose their children. And what’s doubly important about this That does not constitute support. I mean non-judgmental documentary is that it’s about two success- support based on decent long-term relationships.” ful Māori men confronting, acknowledging For far too long, Ms Ardern said, “we have placed the and moving beyond this past. onus on woman to keep both themselves, and their chil- “It’s emotional and powerful and I think dren safe. We need to do much more to make sure that if it reaches a wide audience it could be it is not their job to do it alone, or lose sight of the role transformative in our society,” Ms Walker of the perpetrator. said. “The family violence death review committee acknowledged this in their last report.” Far reaching Another point raised by the family violence death review “The tentacles of family violence are long and far reaching,” committee was that “there must be more focus on the Jacinda Adern, Labour MP and justice spokesperson, said. person using violence, in addition to the victim – changing “We all know that, but my concern is that far too often the behaviours of those using violence is the most effective we underestimate the impact on children. way to prevent family violence”. “First, I want to acknowledge that for good reason there is a huge amount of focus on the violence experienced by Access problem women. One in three partnered women will experience “We currently exist in a system where it is incredibly dif- physical or sexual intimate partner violence in their lifetime. ficult to access free family violence programmes, unless “But these women are not just partners. They are often you act violently, someone reports that violence, the police mothers who care desperately for their children. attend, and chose to arrest and charge you, and you are “Of the almost 102,000 family violence investigations court referred. We need to make this support more acces- undertaken by the police in 2014, more than 60% involved sible,” Ms Ardern said. at least one child. “If we can predict where family violence begins, then we “And of all those who were killed in family violence can plan how to make sure that is where it ends. We must related incidents in the four years to 2013, 77 children get better at using the red flags we have, being systematic, were present to witness the death. comprehensive and deliberate in the response we provide. “My question is, what happens to these kids? And should To do anything else, is to doom yet another generation.” we only be worried if they themselves are at risk of being When opening the forum, the chair – Auckland barrister physically harmed? Anita Killeen – commented on the connection between “Research tells us that the answer to the latter, is no.” family violence and animal cruelty. “The impetus for this Criminal Justice Forum came Best predictor about last year when the Government released a public One report Ms Ardern quoted was undertaken by UNICEF. discussion document titled Strengthening New Zealand’s It concluded that “the single best predictor of children legislative response to family Violence, she said. becoming either perpetrators or victims of domestic vio- “On behalf of the Pro Bono Panel of Prosecutors for the lence later in life is whether or not they grew up in a home SPCA Auckland I put in a submission which focused on the connection between family violence and animal cruelty. “Specifically, my submission drew attention to the fact that animal cruelty can be a marker of domestic violence and com- Advertise with us! panion animal abuse often co-occurs in LAWTALK OUR WEBSITES LAWPOINTS the context of family violence.” Advertising Co-ordinator That submission emphasised that amend- ing the Domestic Violence Act to expressly Christine Wilson allow protection orders to cover animals 04 463 2905 [email protected] is a measure that might well contribute in a meaningful way to the reduction of violence in society, Ms Killeen said. ▪ 42 CPD Calendar

PROGRAMME PRESENTERS CONTENT WHERE WHEN BREAKFAST lAW FiRMS ANd THE Carl White What matters and why – client experience is how your Christchurch 12 Apr “AGE OF THE CliENT” client judges the value you give them, the quality of your Wellington 13 Apr legal work and whether the outcome you achieved was Auckland 14 Apr 1.5 CPD hours acceptable. Attend this breakfast to learn the steps to gain market advantage in the new “Age of the Client”. CiVil liTiGATiON

TORTS uPdATE Andrew Barker The law of torts continues to evolve at a fast pace and it is Dunedin 12 Apr Professor Geoff McLay important that you are up-to-date as possible. This practical Christchurch 13 Apr 3.5 CPD hours seminar will focus on the most important recent decisions and what those cases mean for your clients’ cases, and how Wellington 14 Apr you can better argue those cases on their behalf. Auckland 18 Apr 2 CPD hours Webinar 14 Apr

ElECTRONiC The Hon Justice France This seminar will discuss the Court of Appeal’s perspective Christchurch 3 May CASEBOOKS – HiGHER The Hon Justice Miller on why electronic casebooks are being used, and how the Wellington 4 May COuRTS David Goddard QC judges work with these records. It will also include practical Bruce Scott advice from experienced practitioners for advocating Auckland 5 May Webinar 4 May 2 CPD hours Bronwyn McKinlay effectively in this environment.

2 CPD hours

iNTROduCTiON TO HiGH Sandra Grant This workshop is an excellent opportunity for recently Auckland 1 23-24 May COuRT CiVil liTiGATiON Roderick Joyce QSO QC admitted practitioners to develop practical skills in civil Wellington 17-18 Oct SKillS Nikki Pender litigation in an intense small-group workshop. You will learn Paul Radich QC how to handle a single file from beginning to end, be able Auckland 2 21-22 Nov 9 CPD hours Pru Steven QC to identify and understand the various steps in the process, James Wilding develop the practical skills you need to handle this and a range of other litigation files, competently and confidently.

ExPERT WiTNESS Director: This practical two-day programme focuses entirely on Wellington 30 Jun - PROGRAMME Peter Churchman QC working with expert witnesses. You will receive mentoring 1 Jul from experienced faculty members and valuers from Deloitte 13.5 CPD hours on how to brief, examine and cross-examine experts. For all litigators from civil, criminal, family and other specialist jurisdictions with at least five years’ experience. liTiGATiON SKillS Director: This highly regarded residential week-long advocacy training Christchurch 14-20 Aug Ian Gault course is open to applicants with at least two years’ litigation 55 CPD hours experience. It’s hard work, great fun and most participants say it’s the most effective value-for-money course they’ve ever attended! Applications close Wednesday 1 June 2016. iNTROduCTiON TO John Horner This practical “transaction” based two-day workshop will Wellington 16-17 May COMPANy lAW Ben Johnston equip you with the knowledge and understanding to deal Christchurch 23-24 May Andrew Leete with the purchase, establishment, operation and sale of a Auckland 26-27 May 13 CPD hours Mark Odlin business. Graeme Switzer Daniel Wong

COMMERCiAl

BuSiNESS SAlE ANd Luke Balmforth The Business Sale and Purchase seminar will improve your Christchurch 30 May PuRCHASE Lauren Hibberd understanding of the key aspects of the process, assisting Wellington 31 May you to ask the right questions of your clients so you can give Auckland 1 Jun 3.5 CPD hours considered and comprehensive advice, whilst equipping you to deal with issues that may arise. Webinar 31 May 2 CPD hours

CRiMiNAl duTy lAWyER TRAiNiNG Local Presenters Duty lawyers are critical to the smooth running of a District Various Feb-Nov 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 made up of several parts. 11* CPD hours *CPD hours may vary, see website

More over page

For our Full CPd calendar with programme details see www.lawyerseducation.co.nz CPD Calendar

PROGRAMME PRESENTERS CONTENT WHERE WHEN EMPlOyMENT

NATuRAl JuSTiCE iN Andrew Scott-Howman Tribunals in the employment jurisdiction have, for some time, Webinar 11 Apr EMPlOyMENT been expressly required to adhere to the principle of natural justice. This webinar will look at key developments in this 1 CPD hour area and the practical steps that you can take to help ensure that your clients comply with developing natural justice requirements. EduCATiON

EduCATiON lAW Chair: A must for lawyers consulting to or on school boards, Auckland 30 May iNTENSiVE principals and senior managers, as well as Boards of Trustees Patrick Walsh Wellington 31 May members. This day will look at the latest issues including 6.5 CPD hours employment, student issues - social media, jurisdiction and freedom of expression, accommodating special needs, education council and healthy & safety reforms. FAMily

VulNERABlE CHildREN Robert Bowe This seminar will discuss the practical implications of Dunedin 11 Apr – CyPF ACT uPdATE Dr Allan Cooke changes implemented by the Vulnerable Children Act and Christchurch 12 Apr Hana Ellis the CYPF (Vulnerable Children) Amendment Act, in respect Wellington 13 Apr 3.5 CPD hours of children and young persons subject to proceedings under the CYPF Act and the parents and caregivers of those Hamilton 18 Apr children. 2 CPD hours Auckland 19 Apr Webinar 13 Apr

EldER lAW iNTENSiVE Chair: Chris Kelly Attend this day to be updated on the latest issues; the Christchurch 10 May changing face of NZ, intergenerational living, enduring powers Wellington 11 May 6 CPD hours of attorney and the PPPR Act, reverse mortgages, privacy and confidentiality, trusts – the ageing trustee, and the Public Auckland 12 May Trust. Live Web Stream 11 May

MEdiATiON FOR Virginia Goldblatt For those with with recent approved prior mediation training, Wellington 20-22 May lAWyERS PART B – Denise Evans including our Part A course. This programme will be an FAMily opportunity to practise mediation skills in the family area and then to be assessed on them. Strictly limited numbers with 15 CPD hours pre-course work required.

VAluATiON ANd ExPERT Robyn von Keisenberg Increasingly family lawyers need a sound degree of financial Christchurch 13 Jun FiNANCiAl EVidENCE iN Brendan Lyne knowledge when they are dealing with relationship break- Wellington 14 Jun PRA CASES ups when there is a property in dispute. This seminar will enable you to better understand valuation theory and how Auckland 15 Jun Webinar 14 Jun 2.5 CPD hours it is applied in practice with a focus on practical issues including a number of case studies helping you to quantify relationship property, better manage your experts and to 2 CPD hours critique opposing expert evidence. PRACTiCE & PROFESSiONAl SKillS

WOMEN iN THE lAW Chair: Cathy Quinn This conference will promote effective strategies for cultural Wellington 11 Apr – CAREER By dESiGN change to enable women into leadership roles, will consider Auckland 12 Apr WORKiNG CONFERENCE the curly question of quotas, provide advice on financial planning and offer practical workshops on recognising and Live Web Stream 11 Apr 6 CPD hours acquiring personal qualities that impact on your career.

lEAdERSHiP SERiES: Lawrence Green Without influence, it is much more difficult to move forward Webinar 21 Apr lEAdERSHiP ANd in a focused and collaborative manner. Unfortunately, iNFluENCE authority alone is often not enough to ensure this happens. What can you do? Join Lawrence Green, leadership trainer 1.5 CPD hours and executive coach, to understand the key elements needed to be a highly influential leader.

STEPPiNG uP – Director: All lawyers wishing to practise on their own account whether Christchurch 5-7 May FOuNdATiON FOR Stuart Spicer alone, in partnership, in an incorporated practice or as a Auckland 2 7-9 Jul PRACTiSiNG ON OWN barrister, will be required to complete this course. (Note: Wellington 8-10 Sep ACCOuNT From 1 October 2012 all lawyers applying to be barristers sole are required to complete Stepping Up). Developed with the Auckland 3 17-19 Nov support of the New Zealand Law Foundation. 18.5 CPD hours

For our Full CPd calendar with programme details see www.lawyerseducation.co.nz Online registration and payment can be made at: CPD Calendar www.lawyerseducation.co.nz

PROGRAMME PRESENTERS CONTENT WHERE WHEN PROGRAMME PRESENTERS CONTENT WHERE WHEN EMPlOyMENT PRACTiCE ANd PROFESSiONAl SKillS

NATuRAl JuSTiCE iN Andrew Scott-Howman Tribunals in the employment jurisdiction have, for some time, Webinar 11 Apr MĀORi PROTOCOlS Tai Ahu It is often said that when meeting people for the first time Christchurch 16 May EMPlOyMENT been expressly required to adhere to the principle of natural David Jones that initial impressions are important and this is particularly Wellington 17 May justice. This webinar will look at key developments in this applicable in business. This seminar will outline key protocols 3 CPD hours Auckland 18 May 1 CPD hour area and the practical steps that you can take to help ensure and provide practical advice for meeting with Māori in that your clients comply with developing natural justice “informal” and “formal” business situations in order to help Webinar 17 May requirements. 2 CPD hours foster successful relationships and outcomes for all parties. EduCATiON lAWyER AS NEGOTiATOR Jane Chart Including hands on practice and feedback, this workshop Auckland 10-11 May EduCATiON lAW Chair: A must for lawyers consulting to or on school boards, Auckland 30 May examines different strategies and tactics, and offers tools for Wellington 24-25 May iNTENSiVE principals and senior managers, as well as Boards of Trustees dealing with difficult negotiators, breaking impasses, and for Patrick Walsh Wellington 31 May 11.5 CPD hours members. This day will look at the latest issues including addressing specific issues which you might wish to raise. 6.5 CPD hours employment, student issues - social media, jurisdiction and freedom of expression, accommodating special needs, STATuTORy Ross Carter All lawyers need to keep up to date with trends and Dunedin 13 Apr education council and healthy & safety reforms. iNTERPRETATiON Jason McHerron developments in statutory interpretation. This practical Christchurch 14 Apr FAMily uPdATE refresher examines the tools of interpretation and their recent use by judges and others. Wellington 15 Apr Auckland 16 Apr VulNERABlE CHildREN Robert Bowe This seminar will discuss the practical implications of Dunedin 11 Apr 2.5 CPD hours

– CyPF ACT uPdATE Dr Allan Cooke changes implemented by the Vulnerable Children Act and Christchurch 12 Apr Webinar 15 Apr Hana Ellis the CYPF (Vulnerable Children) Amendment Act, in respect Wellington 13 Apr 2 CPD hours 3.5 CPD hours of children and young persons subject to proceedings under the CYPF Act and the parents and caregivers of those Hamilton 18 Apr children. 2 CPD hours Auckland 19 Apr PROPERTy

Webinar 13 Apr AdlS SAlE & PuRCHASE Don McMorland This seminar updates lawyers on key matters relating to Christchurch 2 May AGREEMENT Julian Smith the transfer of properties where the standard REINZ/ADLS Wellington 3 May EldER lAW iNTENSiVE Chair: Chris Kelly Attend this day to be updated on the latest issues; the Christchurch 10 May agreement for sale and purchase has been used. It aims to changing face of NZ, intergenerational living, enduring powers Auckland 4 May Wellington 11 May 3 CPD hours expand existing knowledge on key issues and legal concepts of attorney and the PPPR Act, reverse mortgages, privacy that will be encountered by lawyers when undertaking Webinar 3 May 6 CPD hours Auckland 12 May and confidentiality, trusts – the ageing trustee, and the Public property transactions. Trust. Live Web Stream 11 May 2 CPD hours

MEdiATiON FOR Virginia Goldblatt For those with with recent approved prior mediation training, Wellington 20-22 May PROPERTy lAW Chair: Tim Jones The Biennial Property Law Conference will provide Auckland 13-14 Jun lAWyERS PART B – Denise Evans including our Part A course. This programme will be an CONFERENCE practitioners, at all levels, with an unmissable opportunity for FAMily opportunity to practise mediation skills in the family area and two days of stimulating engagement on topics of essential then to be assessed on them. Strictly limited numbers with 13 CPD hours importance and interest in the property law field. 15 CPD hours pre-course work required.

VAluATiON ANd ExPERT Robyn von Keisenberg Increasingly family lawyers need a sound degree of financial Christchurch 13 Jun iN SHORT - AuCKlANd FiNANCiAl EVidENCE iN Brendan Lyne knowledge when they are dealing with relationship break- Wellington 14 Jun PRA CASES ups when there is a property in dispute. This seminar will PROPERTy – AuCTiON Campbell Dunoon Auction sales have become a popular way of conducting Auckland 14 Apr enable you to better understand valuation theory and how Auckland 15 Jun SAlES Ian Jespersen sales of Real Estate particularly in the Auckland market it is applied in practice with a focus on practical issues Webinar 14 Jun with the number of auctions now representing a majority of 2.5 CPD hours transactions for the first time. This presentation will look at including a number of case studies helping you to quantify 2 CPD hours relationship property, better manage your experts and to the unique challenges of selling properties by auction and 2 CPD hours critique opposing expert evidence. provide advice that will help you ensure that this process proceeds as smoothly as possible for your clients. PRACTiCE & PROFESSiONAl SKillS BOdy CORPORATE Clinton Baker The Unit Titles Act 2010 extended the jurisdiction of the Auckland 3 May WOMEN iN THE lAW Chair: Cathy Quinn This conference will promote effective strategies for cultural Wellington 11 Apr lEViES – TENANCy John Hogan Tenancy Tribunal to hear and determine disputes. This – CAREER By dESiGN change to enable women into leadership roles, will consider Auckland 12 Apr TRiBuNAl presentation will provide practical advice for assisting your WORKiNG CONFERENCE the curly question of quotas, provide advice on financial Live Web Stream 11 Apr clients with issues relating to body corporate levies and planning and offer practical workshops on recognising and related debt collection and enforcement in the tribunal. acquiring personal qualities that impact on your career. 2 CPD hours 6 CPD hours

FAMily COuRTS – Judge McHardy The Family Law reforms introduced on 31 March 2014 Auckland 17 May lEAdERSHiP SERiES: Lawrence Green Without influence, it is much more difficult to move forward Webinar 21 Apr PRACTiCAl NAViGATiON Susie Houghton involved fundamental changes to family law process, access lEAdERSHiP ANd in a focused and collaborative manner. Unfortunately, to the Family Court and to Family Court procedure. This iNFluENCE authority alone is often not enough to ensure this happens. presentation will focus on the Auckland Family Court system What can you do? Join Lawrence Green, leadership trainer 2 CPD hours in outlining how you can work within the new landscape and executive coach, to understand the key elements 1.5 CPD hours in order to help achieve the best possible results for your needed to be a highly influential leader. clients. STEPPiNG uP – Director: All lawyers wishing to practise on their own account whether Christchurch 5-7 May FOuNdATiON FOR Stuart Spicer alone, in partnership, in an incorporated practice or as a Auckland 2 7-9 Jul CONSuMER lAW – Grant Fraser Ongoing changes – unfair contract terms, online contracting Auckland 24 May PRACTiSiNG ON OWN barrister, will be required to complete this course. (Note: Wellington 8-10 Sep AdViSiNG BuSiNESSES Rae Nield – how they affect our business clients. This presentation ACCOuNT From 1 October 2012 all lawyers applying to be barristers sole will consider the evolving law in this area and practical are required to complete Stepping Up). Developed with the Auckland 3 17-19 Nov implications to take into account to help you to provide your support of the New Zealand Law Foundation. 2 CPD hours 18.5 CPD hours clients with robust advice.

For our Full CPd calendar with programme details see www.lawyerseducation.co.nz To contact us | Visit: www.lawyerseducation.co.nz Email: [email protected] | Phone: CLE information on 0800 333 111. LawTalk 885 · 8 April 2016

Transaction and E-dealing Practice Guidelines. (B submitted that contrary to the undertaking he had provided, that by releasing the e-dealing before Lawyers he had received the settlement funds that he had “no intention” of breaching Guideline 6.6(d)(ii). Complaints Service ▪▪ B breached rule 2.5 of the RCCC by his digital certification while not having the appropriate authority and instruction from the relevant territorial authority to e-dealing number …” discharge the Statutory Land Charge. Rule Ms D then emailed B requesting that he 2.5 states that: “A lawyer must not certify Fined for certify and sign the instruments in the first the truth of any matter to any person paragraph of his undertaking. unless he or she believes on reasonable unsatisfactory At that time, by viewing the e-dealing, grounds that the matter certified is true Ms D discovered that B had already released after having taken appropriate steps to conduct the e-dealing before B had received the ensure the accuracy of the certification”. settlement funds from Mr C’s firm. ▪▪ B breached rule 10.3 of the RCCC by A lawyer, B, has been fined $750 by a law- B then telephoned Ms D to confirm if he providing an undertaking that he had yers standards committee following five had to state the words “certify and sign” on no ability to control and that this was findings of unsatisfactory conduct relating his undertaking, which Ms D confirmed. unsatisfactory conduct. to a residential property transaction. B then sent a fourth undertaking, which B said that having been informed of the B acted for the vendor, and the principal stated that he had certified and signed the existence of the statutory land charge and of a firm, Mr C, acted for the purchaser, Transfer and Discharge of Statutory Land having telephoned the council to request a assisted by an employee, Ms D. Charge, following which settlement took release that he “became flustered that time B provided an undertaking to Mr C’s place. was running out for the settlement and firm, which included: “To release the fol- pressed the e-dealing button by mistake lowing instruments from the Landonline Confidential report believing, on reasonable grounds, that the Workspace into your control” [naming the Mr C provided the Lawyers Complaints settlement funds had already been received transfer number]. Service with a confidential report about …” whereas they were received 10 minutes Because a Statutory Land Charge was the situation and the standards committee later. registered against the title, Ms D informed resolved to investigate the matter of its B by email that “you did not undertake to own motion. Apology remove the Statutory Land Charge”. Ms D Among other things, Mr C said that B In his submissions, B apologised for his requested B to “forward us your amended may not have had in his possession the mistake and stated that it was the first undertaking in this regard”. necessary authority and instruction of time that he had ever made an e-dealing B telephoned Ms D in response and asked either the council that held the statutory mistake and that no loss had been caused “what is a statutory land charge?” Having land charge, or his vendor clients to release to Mr C’s firm, Mr C’s client or to his client. received an explanation, B requested a the statutory land charge. “The committee observes that the proper search of the title from Ms D and assis- Mr C said the council had informed him functioning and accuracy of Landonline tance in adding a release of the statutory that the request for the discharge of the system maintained by Land Information land charge to the e-dealing. statutory land charge was made one day New Zealand (LINZ) for e-dealings depends Ten minutes later, Ms D emailed B, for- after settlement, and one day after B dis- on lawyers who are approved as convey- warding a copy of the statutory land charge charged the statutory charge. ancing professionals to ‘certify and sign and informing him that “we have added The committee found unsatisfactory an instrument prior to its being submitted Discharge of the above interest onto our conduct by B on each of the following for registration’,” the committee’s decision e-dealing”. five breaches: states. Fifteen minutes later, B telephoned Ms ▪▪ B breached rule 3 of the Lawyers and As well as the fine, the committee ordered D to inform her that his clients were over- Conveyancers Act (Lawyers: Conduct that written notice of its determination be seas and sought assistance. Ms D suggested and Client Care) Rules 2008 (RCCC) by provided to the Register-General of Land. that B contact the territorial council for being negligent and/or incompetent in It also ordered B, as part of his continuing instructions and repeated the request for the manner in which he dealt with a professional development, to attend and B’s undertaking to remove the statutory Statutory Land Charge. complete two property law and e-dealing land charge to enable settlement. ▪▪ B breached rule 3 of the RCCC by releas- related practical training courses within B then forwarded a second, followed by ing a transfer and Statutory Land Charge 12 months and report back to the Lawyers a third undertaking and this third under- before receiving the settlement funds. Complaints Service confirming that he had taking stated that B had also “signed … ▪▪ B’s practice in relation to undertakings attended and completed the courses. B was discharge of Statutory Land Charge in breached parts 6.6(d)(ii) of the Property ordered to pay $500 costs. ▪ 46 HELP IS AT HAND

To provide a service for lawyers seeking independent help with an issue in their life, the New Zealand Law Society has signed an agreement with Lifeline Aotearoa.

Lifeline offers a discounted rate to New Zealand Law Society members and their families. Lifeline’s team of qualified professional counsellors is experienced in working with clients across a broad range of issues. They can help with day to day issues such as stress, anxiety, burnout, depression, relationship issues, grief, trauma and addiction.

Phone lifeline Aotearoa: (09) 909 8750

email: [email protected]

PRACTISING WELL

Supporting lawyers since 2009.

lawsociety.org.nz/practice-resources/practising-well LawTalk 885 · 8 April 2016

Wills Catherine Leslie Dalton Keith Wiremu Mason Bland, Trevor Peni, Humphrey Would any lawyer holding a will for the above Would any lawyer holding a will for the above Charter, Gregory Karaka named, who died on 16 February 2016 in named, late of 55 Compton Crescent, Taita, Lawrence Reeves, Michael Runanga, aged 47 years, please contact Bryan Lower Hutt, Council Worker, who died on 28 Corlett-Wood, Tumanako Yolland, APLS Lawyers: November 2015 aged 63 years, please contact Samantha Jayne Roberts, Peter John  [email protected] Ashika Bali, A Bali, Lawyer: Dalton, Catherine Robinson, Gordon  09 522 2052  09 522 4314  [email protected] Leslie Taupo, Te Ringa  PO Box 9913, Newmarket, Auckland 1149  04 569 2520  04 974 7145 Dodd, Murray Ralph Blondie  PO Box 44083, Lower Hutt 5040 Grimes, Maureen Tawhai, Monique Murray Ralph Dodd Elizabeth Laine Would any lawyer holding a will for the above Violet Horowaitai Patuwairua Hills, David James Taylor, Alan Gerald named, late of Whangarei, born on 21 July 1953, Would any lawyer holding a will for the above Johns, Heramana Thomson, who died between 26 and 27 November 2004, named, aka Horowaitai Waereti Munro and Sarah June Eileen please contact Mathews Perry Lawyers: Honey Patuwairua, late of 7 Harrow Place, Mason, Keith Wiremu Urlich, Martin Daniel  [email protected] Manurewa, Auckland, who died on 22 November Patuwairua, Violet  09 437 3070  09 437 2070 2015 aged 56 years, please contact PS Pabla Horowaitai  PO Box 8010, Kensington, Whangarei (Jamie), Pabla Law: 0145  [email protected] Trevor Bland  09 213 8858  09 261 2471 Would any lawyer holding a will for the above Maureen Elizabeth Grimes  PO Box 76484, Manukau City, Auckland 2241 named, who lived in Taupo, Warkworth, Putaruru, Would any lawyer holding a will for the above DX EP75504 Thames and Hamilton, employed at Fletcher named, late of 7 Cumberland Avenue, Westmere, Building, Carter Holt and Laminex (Fletcher born on 25 November 1941, who died on 13 Humphrey Karaka Peni Building) who died in Hamilton on 12 March December 2015, please contact Lisa Sims (nee Would any lawyer holding a will for the above 2016, please contact Pam Pitcon, Forgeson Law: Grimes): named, late of 5/23 Cleary Road, Panmure,  [email protected]  [email protected] Auckland, born on 5 October 1941, who died  07 878 8036  07 878 8035  027 293 5508 on 3 March 2016, please contact Karl Peni:  PO Box 403, Te Kuiti 3941  137 Oyster Point Road, RD 4,  [email protected] Warkworth 0984  021 511 002 or 09 274 4974 extn 203 Gregory Lawrence Charters  2/3 Dunstall Place, Mangere Bridge, Would any lawyer holding a will for the above David James Hills Auckland 2022 named, aka Gregg Lawrence Charters, late Would any lawyer holding a will for the above of 44 Humber Crescent, Gate Pa, Tauranga, named, late of 2222 State Highway 56, Longburn, Michael Tumanako Reeves Retired, who died at Tauranga on 7 December Palmerson North, Assistant Manager, who died Would any lawyer holding a will for the above 2015, please contact Joanne Savage, Holland on 12 December 2015, please contact Michelle named, late of Waikawa, Picton, Engineer, who Beckett: Roddan, Lawyer: died on 21 February 2016, please contact Keely  [email protected]  [email protected] Bennett, Gascoigne Wicks:  07 577 8005  07 578 8055  07 378 4349  07 378 4943  [email protected]  Private Bag 12011, Tauranga 3143  PO Box 1166, Taupo 3351  03 579 1856  03 578 4080 DX HP40010, Tauranga DX KP37058  PO Box 2, Blenheim 7240 Samantha Jayne Corlett-Wood Heramana Sarah Johns Peter John Roberts Would any lawyer holding a will or having any Would any lawyer holding a will for the above Would any lawyer holding a will for the above record of having held a will for the above named, named, late of 219 SH1, Waitahanui, Taupo, named, late of Matamata, Papamoa and late of 10D Graysons Lane, Mt Eden, Auckland, formerly 49 Carrington Avenue, Hamilton or Wellington, Builder, IT Technician, Dairy Farmer, Travel Agent, who died on 13 February 2016 aged Glanville Terrace, Parnell, Auckland, who died born on 4 September 1959, who died on 26 30 years, please contact McMahon Butterworth at Waitahanui, Taupo on 2 February 2016 aged February 2016, please contact Raewyn Roberts: Thompson: 78 years, please contact Atihana Johns:  [email protected]  [email protected]  [email protected]  021 266 8803 or 06 347 9228  09 302 2766  09 302 2767  07 377 3543 or 022 647 3079  66 Liverpool Street, Whanganui 4500  PO Box 106073, Auckland 1143  219 SHI, Waitahanui RD 2, Taupo 3379

Finding a Will can be a long and tedious process. KW0001/LT/BANNER/001 Now there’s a better way, with the New Zealand Will Registry. > You can easily message other lawyers using the registry to find a Will. > Law firms can register all client’s Wills for free. > Lawyers can search the registry to locate Wills.

48 Law Society Registry

Comments concerning the suitability of any of the below-named applicants for the certificate or approval being sought should be made in writing to me by 14 April 2016. Any submissions should be given on the understanding that they may be disclosed to the candidate. The Registry is now advertising names of candidates for certificates of character, practising certificates and approvals to practise on own account on the NZLS website at www.lawsociety. Gordon Robinson org.nz/for-lawyers/law-society-registry/applications-for-approval. Would any lawyer holding a will for the above — Christine Schofield, named, formerly of 3 Gribble Grove, Stokes Valley, please contact Doug Cowan, Barrister Acting Registry Manager & Solicitor:  [email protected]  [email protected]  04 463 2940  0800 22 30 30  04 463 2989  09 320 4616 or 021 414 693  PO Box 60440, Titirangi, Auckland 0642 Te Ringa Blondie Taupo Admission Logan Francesca Maia Macandrew Alex Ian Would any lawyer holding a will for the above Under Part 3 of the Lawyers Rebecca named, late of 994 Highway 22, Pukekawa, and Conveyancers Act 2006 Mao Council Worker, born on 7 November 1932, who Marshall Natalie Blake died on 31 July 2015, please contact Arnet Law Aird Joshua Charles Raymond McClure Natasha Louise-Anne Limited: Bailey Katelin Ann McKenzie Thomas Levy  [email protected] Bean Amanda (previously Meagher Jacob Joseph  09 238 8136  09 238 8026 Roberts) Momich Simon Francis  PO Box 1330, Pukekohe 2340 Bell Kerri Leigh Morrison Bryony Li Xian Bookman Miriam Sophie Naude Ilinke Marcelle Monique Laine Tawhai Boraman Irina Jane Ng Brendan Jun-Yin Would any lawyer holding a will for the above Botha Tanya Nie Luxi named, late of 32 Matai Street, Otangarei, Boyd Freya Anne O’Donnell Hayden Rhys Norman Whangarei, Mother, born on 7 April 1982, who Bunce Che Joshua died on 26 September 2015, please contact Rob Pietras Joshua Jordan Harte, of Rob Harte Lawyer: Bush Harriet Anne Thomson Roberts-Thomson Butchers Lauren Emma Samara Frances  [email protected] Rozendaal Patrick James  09 974 8280  09 974 8281 Calderwood Mark Richard John  PO Box 4007, Whangarei 0141 Coppage Anna Frances Shang Kelly Kuan Cunningham Thomas Andrew Slater Sophie Patricia Christine Alan Gerald Taylor Elder Alexander Lloyd Sullivan Mary Jacqueline Connie Would any lawyer holding a will for the above Emanuel Asher Gabriel Tafuna Katalina Latu Ketu’u named, aka Alan Gerald Thacker, formerly of Fagan Fiona Sian (previously Tafuna Katalina Helotu and Keitu’u Katalina Helotu) Bridge Street, Mataura, Beneficiary, who died Fogerty-Jones Jaimee at Mataura between 1st and 19th January 2016, Alyce (previously Fogerty Taylor Richard Russell please contact John Pritchard, Lawyer: and McConnell) Taylor Sara Rose  [email protected] Forsyth Anna Bronette Thyne Samuel Joseph  03 446 8209  03 446 8206 Fraser Sarah Yvonne Marry Tikaram Krishnan Rajnay  PO Box 32, Roxburgh 9441 Freytes Lucrecia White Julia Rose Frost Kerryn Maree Whitmore Demelza Laura May June Eileen Thomson Govender Gonasagre (Patricia) (previously Stackhouse) Would any lawyer holding a will for the above Hadaway Kerry Wilson Simon Matthew named, late of 12 Willowfield Place, Pukete, Andrew Ross Hamilton, who died on 2 March 2016, please Hamilton Approval to Practise contact Evans Bailey Lawyers: Hann Laura Cheryl Nathalie Marie  [email protected] Harrington on Own Account  07 834 6458  07 838 2454 HoffmannJoschka Under s 30 of the Lawyers  PO Box 19-149, Hamilton 3244 Hughes Harriet Kate and Conveyancers Act 2006 DX GP20019 Isaacs Benjamin Louis Flannagan Madeleine Jane Jackson Edward Thomas Nattrass Ha Jae Sook (Sally) Martin Daniel Urlich James Leteich Jean (Tessa) Harold Catherine Ann Would any lawyer holding a will for the above Jenks Andrew Thomas Mannis Lara Elizabeth named, late of 66 Kelmarna Avenue, Grey Lynn, Jones Vienna Sophia Aroha Auckland, born on 21 November 1962, who Rosic Iva Kejriwal Mehal died on 4 January 2016, please contact Greg Shi Yipu (Jennifer) Presland, Presland & Co: Kendrick Nicole Eleanor Lahman Brett Matthew Simunic David Ivan  [email protected] Lane Paige Alexandra Stubbs Karen Erica  09 818 1071  09 818 4966 (previously Morris) Li Hing Duen Billy Andrew  PO Box 20-310, Glen Eden, Auckland 0642 DX DP94003 49 LawTalk 885 · 8 April 2016

Lawyer Employment Lawyer 1-2 years experience Intermediate Level – Wellington CBD Hauraki Gulf Law is a general practice located on Waiheke Island. Boutique employment law firm Dyhrberg Drayton Employment We have a position available for a recent graduate or lawyer with up to 2 years’ experience to join our team. Working closely with clients, Law based in the Wellington CBD is seeking to appoint a this role involves a wide scope of property related work including lawyer with: residential and commercial, wills, estates and trust law. You will have regular opportunities for training and development to advance your • 2-5 years PQE skills in these areas and to build on your career in law. • employment law experience preferred We are looking for a person who enjoys working in a team envi- • excellent legal writing, research and advocacy skills ronment. You will have excellent communication, computer and • high standards of client service organisational skills. Please forward your CV to Carol Robertson at • ability to work effectively in an open plan team environment [email protected]. • a sense of humour

The successful candidate will be able to manage their own files with supervision, and must have excellent communication skills. They will have a desire to develop and enhance their skills in the employment law environment by working in a Commercial small, highly effective team with a busy workload. Lawyer Dyhrberg Drayton Employment Law has a wide range of employer and employee clients, and is on the panel of legal We have great commercial work coming out our ears! providers for the All of Government legal services contract. If you have 5 years PQE with commercial and/or The partners have a wealth of experience in employment law, and are great mentors to their junior lawyers. They can offer commercial property experience, why not join our legal excellent work opportunities for the right candidate. team. Experience in general practice is a bonus. Great environment, top commercial client base and Please provide a full CV including references and a covering letter to Lisa Schuring – [email protected]. All applications interesting work. will be kept in strict confidence. Sound like you? Send your CV to [email protected].

50 8 April 2016 · LawTalk 885

Mental Health Review Tribunal Employment Associate 3-5 years’ PQE Auckland and Wellington Simpson Grierson’s Employment practice is widely known as a leader Vacancy for barrister or in its field. It is the exclusive New Zealand member of the global Employment Law Alliance - a network of over 3,000 lawyers providing solicitor member of the Mental employment and labour expertise in more than 75 countries. Health Review Tribunal Simpson Grierson is looking for Associates in both Auckland and Wellington who can advise clients on all aspects of employment law The Ministry of Health is seeking senior and experienced to include: corporate restructures, sales and purchases of businesses, personal grievances, employment agreements and policies, health and candidates for appointment as the barrister or solicitor safety, human rights and privacy, accident compensation and collective member for the Mental Health Review Tribunal (MHRT). bargaining, disciplinary and performance management processes, Tribunal members are appointed by the Minister of Health change management and union matters. under the Mental Health (Compulsory Assessment and There is plenty of autonomy and opportunity to appear regularly in Treatment) Act 1992 to consider applications for review of Court and attend mediation. patients subject to that Act. Advising many of New Zealand’s major corporations, tertiary institutions and local government bodies, this role will deliver first rate work and The MHRT is a specialised tribunal that has to deal with difficult excellent progression opportunities. legal issues concerning mental health. It makes determinations The ideal lawyer will have excellent employment law experience, a quick and recommendations involving fundamental human rights brain and great communication skills. If you’re looking for the next step with significant implications not only for the patients in your employment law career, now’s the time to get in touch. themselves but also for their families and the community. Simpson Grierson has an outstanding reputation for providing a high The lawyer member is by convention the convener. level of support and training and direct access to partners. You must be a barrister or solicitor with a current practising Please contact Jennifer Little for a confidential discussion at: certificate, preferably in a current law practice, and have [email protected] an interest in the mental health area. Your legal search and recruitment partner All applications should include a curriculum vitae and must 021 611 416 / www.jlrnz.com address the applicant’s suitability to be appointed based on these key appointment criteria: • an ability to perform in public office in a semi-judicial role; • a reputation for integrity, honesty and independence; • decision-making skills including impartiality and sound judgement; • communication skills, including the ability to communicate well with legal and medical professionals, Commercial Property Associate 3-5 years’ PQE as well as people receiving mental health services; • an ability to think analytically, quickly and express Auckland themselves with clarity especially under pressure; Simpson Grierson has the largest infrastructure group in New Zealand. • an ability to apply knowledge of mental health legistation True specialists, this team covers the full spectrum of property and to individual situations; infrastructure activities. • cultural awareness, sensitivity and knowledge; and Supporting two exceptional partners, the role will expose you to local government, large infrastructure land acquisitions and property due • an empathetic and sensitive attitude to mental health diligence on many significant corporate transactions. consumers. Advising large commercial clients across the building, transport, local All applicants should supply two written references that government and energy sectors, this team is seeking a lawyer with a broad commercial property experience, which might include: address the above criteria. These two referees should also • Forestry / agri-business; be available for subsequent verbal follow-up. Applicants will be • Conveyancing, sale and purchase agreements; shortlisted on the basis of their applications, including written • Leasing; references and curriculum vitae. For further information and • Subdivisions; • Knowledge of Public Works Act; and an application form please visit www.health.govt.nz/mhrtvac • Due diligence on the property aspects of large commercial M&A and Applications should be sent to: overseas investment deals. If you’re a bright, and motivated property lawyer, then we want to hear Sarah Paterson from you. We’re looking for someone who is a team player, keen to mentor Office of the Director of Mental Health and actively support and develop junior solicitors. In return, there are Protection Regulation and Assurance excellent opportunities for growth within this high performing, friendly and supportive team. Ministry of Health, PO Box 5013, Wellington 6145. This opportunity would suit those looking to further their careers with Information on the Mental Health Review Tribunal can be access to excellent work, or could suit someone who wants to add big firm experience to their CV or is returning from their travels. obtained from the Ministry of Health website (www.health. Please contact Jennifer Little for a confidential discussion at: govt.nz). Interviews will be conducted for shortlisted applicants [email protected] in May 2016. For further information please contact Sarah Paterson on 04 816 2489 or [email protected]. Your legal search and recruitment partner Applications close 5pm, Friday 29 April 2016. 021 611 416 / www.jlrnz.com 51 SmartOffice®

YOU HAVE QUESTIONS, THAT’S GOOD, WE HAVE ANSWERS We believe that when you put information and technology into the right hands, you give people the power to shape the world.

A suite of individual solutions designed to streamline your workflow – driving profitability, helping you work smarter, faster and giving you back more time to do what matters most.

TALK TO YOUR RELATIONSHIP MANAGER OR CONTACT CUSTOMER SUPPORT ON 0800 800 986 OR VISIT WWW.LEXISNEXIS.CO.NZ