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Download Lawtalk Issue 917 (PDF File, 12.69 ISSUE 917 · MAY 2018 Bullying from the bench Page 44 Questions over A law student When a But who 'manaakitanga' perspective: client is too owns that in the Hauraki How the future much tattoo? Gulf should look Page 32 Page 39 Page 55 Page 80 Lexis Advance® Simple search. Clear insight. GIVING YOU TIME TO WORK ON YOUR GAME! Discover this all new intuitive online research platform for yourself – with a single user-friendly search box – it’s a refreshing simple way to conduct your research. By having leading technology and accurate information at your fingertips, we believe this gives you the time and power to shape your world… or just time to work on your golf handicap. ONE SIMPLE SEARCH BOX GIVING YOU BACK MORE TIME TO DO WHAT MATTERS MOST. TALK TO YOUR RELATIONSHIP MANAGER OR VISIT OUR WEBSITE WWW.LEXISNEXIS.CO.NZ/LEXISADVANCE TO REQUEST YOUR FREE DEMO & TRIAL. © 2016 LexisNexis NZ Limited. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence. 3096 People in the law 30 · Initial interest confusion 6 · Kiwi lawyer's expose of in internet search results inaction into murder, abuse allowable ▹ BY KATE DUCKWORTH and exploitation on the high 32 · Questions over seas ▹ BY NICK BUTCHER 'manaakitanga' in the Hauraki 8 · On the move Gulf ▹ BY CHARLOTTE DOYLE New Zealand Law Society Changing our Culture 14 · From the Law Society 35 · Update 14 · New Zealand Law Society 39 · A law student perspective: how the future should Update look ▹ BY NICK BUTCHER 6861 21 · When the liquidators come 42 · Gender Equality Charter calling, are the company's launched ▹ BY NICK BUTCHER last financial statements the 44 · Bullying from the last word? ▹ BY CALLUM REID bench ▹ BY GEOFF ADLAM 22 · ACC and the Woodhouse Principles: community Practice responsibility ▹ BY DON RENNIE 54 · Why isn't my computer backed 24 · The vicarious liability up? ▹ BY DAMIAN FUNNELL of employers - worth 55 · When a client is too another look? ▹ BY MARIA much: Dealing with tricky DEW AND ANJORI MITRA customers ▹ BY CRAIG STEPHEN 27 · Franchise Agreements and 58 · Advising non-English penalty clauses ▹ BY DEIRDRE speakers ▹ BY ALAN SORRELL WATSON 8893 ABOUT LAWTALK SUBSCRIPTIONS AND CIRCULATION to [email protected]. Intending contributors of LawTalk is published monthly by the New Zealand Law Lawyers who want to access LawTalk online only may email articles and other input should contact the Managing Society for the New Zealand legal profession. It has been [email protected] stating “please cancel Editor in advance. The New Zealand Law Society reserves published since 1974 and available without charge to LawTalk hardcopy” and advising their name, lawyer ID the right to edit all material submitted for publication. every New Zealand-based lawyer who holds a current (lawyer login), workplace and address. This information NEW ZEALAND LAW SOCIETY practising certificate.LawTalk is also distributed to other is needed to ensure that names are extracted from the recipients involved in the justice system or the legal services automatic mailing list generation programme. The hardcopy The New Zealand Law Society was established in 1869. It industry. These include members of the judiciary, Law LawTalk subscription will then be cancelled. regulates the practice of law in New Zealand and represents Society associate members, legal executives, librarians, Non-lawyers and lawyers based outside New Zealand lawyers who choose to be members. The powers and academics, law students, Members of Parliament and may subscribe to LawTalk by emailing subscriptions@ functions of the Law Society are set out in the Lawyers government agencies. Lawyer numbers change over lawsociety.org.nz. Annual subscriptions may be purchased and Conveyancers Act 2006. As well as upholding the the year, but range from 13,000 upwards. Total LawTalk for NZ$145 (GST and postage included) for dispatch within fundamental obligations imposed on lawyers who provide circulation is normally around 13,400 copies. New Zealand, with rates on request for overseas. regulated services, the Law Society is required to assist Advertising inquiries should be directed to advertising@ and promote the reform of the law, for the purpose of SUBMISSION OF MATERIAL lawsociety.org.nz. The Law Society has a strict policy of upholding the rule of law and facilitating the administration not publishing articles in exchange for advertising. All contributions, letters and inquiries about submission of of justice in New Zealand. An online version of LawTalk is available on the New articles should be directed to the Managing Editor, LawTalk, ENVIRONMENTAL STATEMENT Zealand Law Society’s website at www.lawsociety.org.nz. A PO Box 5041, Wellington 6040 or [email protected]. link to the latest online LawTalk is emailed to all lawyers nz. Information on appointments and other changes in LawTalk is printed on Sumo Matte. This is an environmen- with a practising certificate each month after publication. the legal profession is welcomed and should be emailed tally responsible paper. Forestry Stewardship Council® 4 Contents 60 · The paradox of 71 · Lawyers Complaints Classifieds meritocracy ▹ BY LAURA Service 83 · Will notices O'GORMAN 84 · Legal Jobs Practising Well 87 · NZLS CLE Ltd CPD Calendar Focus on... 74 · Brain School, now 61 · Paradise to the courthouse accepting expressions of Snapshot in just over half an hour interest▹ BY KATIE COWAN 90 · Adult convictions in 2017 ▹ BY CRAIG STEPHEN ▹ BY GEOFF ADLAM Legal Information In-house 76 · New Zealand democracy Lifestyle 64 · The "modular" General Counsel vulnerable to overseas 92 · A New Zealand Legal Crossword ▹ BY MATT FARRINGTON trends, says Sir Geoffrey 93 · Take a train back into Palmer ▹ BY LYNDA HAGEN history ▹ BY JOHN BISHOP Future of Law 96 · Sutherland's Law - a law man 66 · More houses, more contracts... The Case and in the heyday of crime caper What the Housing NZ legal the Story TV ▹ BY CRAIG STEPHEN team did ▹ BY GEOFF ADLAM 77 · Finnigan v New Zealand 68 · Law and digital technology: Rugby Football Union 98 · Tail-end what will the legal three decades on - landscape look like in preserving the story 2038? ▹ BY BENJAMIN LIU ▹ BY SAM BOOKMAN Mediation Law in Practice 69 · Embracing Diversity 80 · But who owns that tattoo? ▹ BY PAUL SILLS ▹ BY ANGHARAD O'FLYNN CONTACT DETAILS (FSC®) certified, it is produced using Elemental Chlorine Free (ECF), Mixed Source pulp from Responsible Sources, and manufactured under the strict ISO14001 Environmental Management System. The 26 Waring Taylor Street, Wellington 6011 COMMUNICATIONS ADVISOR Angharad O’Flynn FSC® is an international non-profit, multi-stakeholder organisation 04 472 7837 04 463 2902 · [email protected] which promoted responsible management of the world’s forests. PO Box 5041, Wellington 6140, New Zealand, SUB-EDITOR Craig Stephen FSC® certification is internationally recognised as the most or DX SP 20202. 04 463 2982 · [email protected] rigorous environmental and social standard for responsible PRESIDENT Kathryn Beck SENIOR DESIGNER Andrew Jacombs forest management. The paper used to produce LawTalk meets BOARD 04 463 2981 · [email protected] FSC® requirements at all stages along the production cycle. Andrew Logan (South Island) DESIGNER Sophie Melligan The shrink wrap used for delivery of LawTalk is 27 micron Tiana Epati (Central North Island) 04 463 2993 · [email protected] biodegradable film manufactured in New Zealand. This degrades Tim Jones (Auckland) ADVERTISING Christine Wilson naturally. If you wish to discard LawTalk please recycle it. The Nerissa Barber (Wellington) 04 463 2905 · [email protected] wrapping may be composted. ACTING EXECUTIVE DIRECTOR Mary Ollivier WEBMASTER Miranda Kaye MANAGING EDITOR AND 04 463 2990 · [email protected] COMMUNICATIONS MANAGER Geoff Adlam DIGITAL CONTENT SPECIALIST Angela Ludlow ***** FPO ***** 04 463 2980 · [email protected] [email protected] Placeholder for SENIOR COMMUNICATIONS ADVISOR PRINTING AND DISTRIBUTION FSC Certificate Nick Butcher · 04 463 2910 Format Print, Petone, Wellington PLEASE ***** FPO ***** [email protected] ISSN 0114-989X (Print) RECYCLE ISSN 2382-0330 (Online) 5 PEOPLE IN THE LAW · PROFILE May 2018 · LAWTALK 917 PEOPLE PROFILE Kiwi lawyer’s exposé of inaction into murder, abuse and exploitation on the high seas BY NICK BUTCHER companies. of these Cambodian fishermen will be told by what A New Zealand lawyer has Thomas Harré’s Masters degree could be described as a loose acquaintance that there completed a PhD on transnational examined the response of the New are fishing jobs available in Thailand and your family criminal law at Melbourne Law Zealand Government to the traffick- and village will be set for life and all you have to do is School that reveals the horrors of ing of the Indonesian fishermen. work on the boat. It’ll be tough work but only for a few life in the South-east Asian fishing Mr Harré is a barrister at LawAid months, but the money will be worth the sacrifice.” industry and the lack of political will International Chambers, which was To a person of little education from an impoverished to change it. founded by Craig Tuck and is also village, this sounds like a dream come true. Thomas Harré’s focus was on how based in Tauranga. But in reality it is more like the beginning of a long transnational criminal law relates to “Getting to know Craig and doing nightmare. the human trafficking of fishermen my Masters led me to the conclu- “The companies will send a representative who will in South-east Asia. sion that exploitation of vulnerable bring these Cambodian men to Thailand, often illegally; How it came about is an interest- workers such as the Indonesian that is, they’ll be crossing the border without the appro- ing tale that took him to parts of the fishermen was not just happening priate paper work and visas.
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