Law Talk 23 September 2016 897

Looking after lawyers’ clients

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SmartOffice® RESEARCH 23 September 2016 LawTalk 897 Inside

6 Our Profession, Our People 12 Looking after lawyers’ clients Protection of client money entrusted to lawyers is paramount for the work of the Inspectorate team. 16 From indigenous rights advocate to Cabinet Becoming Attorney-General and Minister of Justice was not on Jody Wilson-Raybould’s radar when she 7 left law school to become a Crown prosecutor. Law so applicable to so many areas 20 What do clients really think of their lawyer’s writing style?

21 Letters to the Editor AVIDAC was the first digital computer at Argonne National Laboratory in 1953. 22 practising Well Meaningful work a key to recruiting and retaining talent. SUCCESSFUL INNOVATION 24 big AML changes ahead MEETS THE FUTURE What does this mean for lawyers? 26 book review ® Introducing Lexis Advance – legal research simplified. A Constitution for Aotearoa New Zealand.

Just as that first computer changed into the digital devices of today, 13 28 most law firms believe they’re innovative Lexis Advance has taken a leap forward over current online research. Looking after lawyers’ clients This next generation legal research solution is refreshingly intuitive 29 Superannuitants beware the ides of ACC and flexible. Using a single smart search box Lexis Advance is COMING THIS OCTOBER designed with efficiency in mind – giving you back more time. 30 prosecuting recidivist animal welfare offenders There are always decisions on your online research platform, but only one choice: Lexis Advance. 34 Searching in e-discovery 35 Why NZ lawyers are comfortable ONE SIMPLE SEARCH BOX with mediation GIVING YOU BACK MORE TIME TO DO WHAT MATTERS MOST. 36 NZLS CLE – CPD calendar

TALK TO YOUR RELATIONSHIP MANAGER OR VISIT OUR 39 Lawyers Complaints Service WEBSITE WWW.LEXISNEXIS.CO.NZ/LEXISADVANCE 20 TO REQUEST A FREE TRIAL. From indigenous rights advocate to Cabinet

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 been published since 1974. LawTalk is sent ranges between 12,500 and 13,000 copies. to every lawyer in New Zealand who holds a An online version of LawTalk is available on current practising certificate. Lawyer num- the New Zealand Law Society’s website at bers change over the year, but range from www.lawsociety.org.nz. This contains most News Points 12,000 upwards. LawTalk is also sent to fur- of the articles included in each issue and a ther recipients who include members of the full pdf file of each hardcopy issue may also judiciary, Law Society associate members, be downloaded. Repealing old law The Statutes Repeal Bill introduced in Parliament ENVIRONMENTAL STATEMENT on 6 September has the objective of repealing 124 redundant pieces of legislation plus parts LawTalk is printed on Sumo Matte. This is an forest management. FSC® certification of eight other Acts. environmentally responsible paper. Forestry means that the paper used to produce The bill means that the number of public Acts Stewardship Council® (FSC®) certified, it LawTalk meets FSC®’s requirements at in force in New Zealand will reduce by over 10%, is produced using Elemental Chlorine Free all stages along the production chain. Regulatory Reform Minister Steven Joyce says. (ECF), Mixed Source pulp from Responsible The shrink wrap used for delivery of The oldest statute to be repealed is The Sources, and manufactured under the strict LawTalk is 27 micron biodegradable film Liverpool and London and Globe Insurance ISO14001 Environmental Management manufactured in New Zealand. This degrades Company Act 1879, a private act changing the System. FSC® certification is internationally naturally. If you wish to discard LawTalk name of an insurance company and giving it recognised as the most rigorous environ- please recycle it. The wrapping may be corporate identity. The most recent statute is the mental and social standard for responsible composted. Rugby World Cup 2011 (Empowering) Act 2010, which made itself expire on 4 December 2014, but which remains as a piece of legislation in force. Placeholder for FSC AI in law ‘will become the Certification norm’ EDITOR Law firm Reed Smith expects to make greater Frank Neill · 04 463 2982 use of artificial intelligence technology for trans- [email protected] actional work following a successful pilot in its Established in 1869, the New Zealand Law JOURNALISTS London office, reportsThe Gazette, journal of Society regulates the practice of law in Nick Butcher · 04 463 2910 the Law Society of England and Wales. New Zealand and represents the interests [email protected] After using AI technology for a real estate of lawyers who choose to be members. The Angharad O’Flynn · 04 463 2902 matter, chief knowledge officer Lucy Dillon said powers and functions of the Law Society are angharad.o'[email protected] the firm will “definitely be using it again”. set out in the Lawyers and Conveyancers SENIOR DESIGNER The firm tested a cognitive computing platform Act 2006. As well as upholding the funda- Andrew Jacombs · 04 463 2981 developed by software provider RAVN Systems. mental obligations imposed on lawyers [email protected] The software was used to read, interpret and who provide regulated services, the Law DESIGNER extract key provisions from a client’s leases. It Society is required to assist and promote Daz Yang · 04 463 7837 then produced a review identifying higher-risk the reform of the law, for the purpose of [email protected] leases that required further inspection. upholding the rule of law and facilitating the ADVERTISING The use of AI technology in law firms will administration of justice in New Zealand. Christine Wilson · 04 463 2905 [email protected] become the norm, Ms Dillon predicted. “For the  26 Waring Taylor St, Wellington type of work we do, where we are reviewing  04 472 7837 WEBMASTER Miranda Kaye · 04 463 2990 large swaths of documents for clients, clients  PO Box 5041, Wellington 6140, [email protected] are driving the price,” she said. “What we need to New Zealand, or DX SP20202 COMMUNICATIONS MANAGER do is balance up the costs and accuracy versus President – Kathryn Beck against having lots of people doing that work.” Geoff Adlam · 04 463 2980 Board – Andrew Logan (South Island) [email protected] However, Ms Dillon insists AI technology will Tiana Epati (Central North Island) not replace lawyers. “Technology is by no means PRINTING & DISTRIBUTION Tim Jones (Auckland) perfect. If you talk to any provider they will say Format Print, Petone, Wellington Nerissa Barber (Wellington) it’s a machine – you teach it to do something, it ISSN 0114-989X (Print) will do it. But it has no sophistication in seeing Executive Director – Christine Grice ISSN 2382-0330 (Online) nuance. That’s why you still need a lawyer.” 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. 23 September 2016 · LawTalk 897

From the Law Society

Helping look after our clients

Our New Zealand Law Society inspectors carry out a very important role on behalf of the profession. The Inspectorate team has a variety of functions, all connected with ensuring that lawyers are looking after clients’ funds according to the various requirements set out in the Lawyers and Conveyancers Act 2006, and the rules and regulations established under that legislation. This issue of LawTalk takes a look at the work of the Inspectorate – a team of 10 people located in various parts of the country. As the feature states, the main aims of the Inspector- ate relate to protection of both the New Zealand public and lawyers themselves. Three main areas of protection are at the forefront of this regulatory function: ▪▪ One is protecting client funds that are being held in a trust account. ▪▪ Two is protection for the public at large – not necessarily the people that have got funds in the trust account itself, but the knowledge that lawyers are held to a high standard, that they are held to account. ▪▪ Three is protecting the reputation of lawyers, because if lawyers are compliant it increases the reputation of the profession as a whole. Speaking as a partner of a provincial firm, we welcome the fact that a Law Society inspector will visit us to check that all is well with our firm’s trust account, its management and its operation. The report that the inspector provides is most helpful, as it confirms for us that we are generally following good practices with our trust account function and also highlights areas where we can enhance our performance. Our clients are very important to us, and everything we have in place that benefits our clients is both valuable to us as a firm and appreciated – on behalf of our clients – by us as lawyers. We, as lawyers, are in a very privileged position. People from all walks of life come to us with a whole range of matters which are almost always highly important aspects of their lives, and sometimes quite critical. These people become our valued clients, trusting us with these significant matters. They deserve our trust, and it is hugely beneficial for us all that our Law Society inspectors provide quality control by undertaking independent inspections that help the public to continue to have confidence in us – their trusted advisors.

Alison Souness New Zealand Law Society Hawke’s Bay branch President

5 LawTalk 897 · 23 September 2016 Our Profession, Our People

Our

Profession Law firm highly Our People commended for diversity MinterEllisonRuddWatts has been awarded “highly commended” in the Empowerment category at the Diversity NZ Awards, announced The Executive Officer of on 24 August. The award celebrates innovative responses to gender ILANZ, Helen Mackay, balance in the workforce. has resigned from her role, The judges recognised the firm’s “Leading by Example” initiative, effective in the middle of which was created to empower females and inspire all staff by demon- October. Helen has served strating that success can look different depending on who you are, in this capacity for the last and that there is no one right way. seven years, and her con- Strong competition was a feature of the Empowerment category, tribution has been consid- one of nine categories in the Diversity NZ Awards. New Zealand Police Helen Mackay erable. She leaves with the headed MinterEllisonRuddWatts to win the category, and was also best wishes of the New Zealand Law Society. named the Supreme Winner for 2016. ▪

Russell McVeagh solicitor Nathalie Harrington is one of 10 recipients of the 2016 Minister for Youth’s International Leadership Awards. “This award supports outstanding young New ❝ In matters of truth and Zealanders to access an international opportunity to further develop their leadership skills,” Youth justice, there is no difference Minister Nikki Kaye says. The award enabled the recipients to travel to China from 5 to 11 between large and small September, where they attended the second New Zealand China Young Leaders Forum in Beijing. problems, for issues At eight years old, Nathalie moved from New Zealand to Liuyang city in the Hunan province of concerning the treatment of China. By the time she returned to New Zealand aged 12, she was fluent in Mandarin. Nathalie people are all the same.” continued to study Mandarin at university, gradu- ating with an LLB and a BA in Chinese and Public — Albert Einstein Policy. Nathalie is an active volunteer, and is a member of the board at Volunteer Wellington. law, reviews, inquiries and Donna Llewell has been investigations, governance appointed the first in-house and machinery of govern- legal counsel with Bay of ment in the State sector Plenty Regional Council / Toi On the Move and legislative review and Moana, based in Tauranga. design. Edward specialises Donna has returned to her Gordon Davis and in providing taxation advice home territory after many Edward Power have and litigation services in years of public practice in joined Barristers.Comm Edward Power all facets of taxation law Donna Llewell Wellington where she has in Wellington. Gordon including the taxation of partnerships, trusts specialised in Treaty of Waitangi negotiations specialises in providing and companies in regard to PAYE, GST, fringe and settlement implementation, environmental, advice and litigation ser- benefits, superannuation and international taxa- resource management, regulatory and public vices in civil disputes and tion law. Edward also specialises in sports law, administrative law. Donna is also known for her public law. His areas of having served as chairman of football tribunals legal voluntary and academic work in the Vanuatu Gordon Davis work include employment and football appeal boards for many years. and Bougainville. Continued on page 10... 6 Our Profession, Our People

Law so applicable to so many areas

“Law is so diverse and so much more applicable than you would think,” says Anna Watson. “We interact with law in our everyday life,” says the former lawyer, who is now working for Inspiring Stories Trust to run a programme designed to help young New Zealanders become leaders of the future – a programme named Future Leaders. “Whenever people ask me if I’d still done law, because obviously I’ve taken quite a different path now, my answer is ‘yes’, because the learning at university is amazing, but also the time that you spend in a law firm is pretty essential to being successful later in life. “When you become the person who would essentially be the client, then you see that law is such an important part of operating a business. “And it’s also been great in terms of contacts. Bell Gully was my former employer and since I’ve come on board with Inspiring Stories they’ve offered us pro bono advice to help us get up to speed on health and safety legislation.” Beginning in the law Ms Watson began her working life as a lawyer. “I’m from Dunedin originally and went to Otago University,” she says. “My English teacher had expressed outrage at the fact “When I was over in London I got that I’d decided I was going to go into the Navy. She really excited about going into a career really wanted me to go to university, so she suggested that was a little bit more in line with that I take law just to see how it went. my values. “From there, I just sort of fell into it I guess, had a “I was sitting in an olive grove with really great first year, and really enjoyed all my papers. my mum in Spain and I was reading “I decided to go through into a second year. Before I this book about how to get out of the knew it I was doing an internship in Bell Gully in my ❝ Whenever corporate world, and I just decided I third year. They offered me a job and I went straight people ask me was going to do something a little bit into that after university. crazy for a bit to see what would happen. “I moved up to Auckland and started in the corporate if I’d still done “When I got back to New Zealand, department working for a partner who was involved law, because after a few months of settling back in, in a lot of general corporate work, a bit of electricity I applied for a few jobs and the one that and geothermal as well. obviously I’ve I set my heart on was a job as a hiking “I was there for almost three years and had some taken quite guide down in Fiordland, on the Milford awesome opportunities, including going over to London and Routeburn tracks. to work for Slaughter and May for six months. Then I a different “That was only a six-month contract, came back and had about another eight months in New path now, my so I saw it as a working holiday. I knew Zealand, working back at Bell Gully before deciding it wasn’t something that I wanted to that it was time to look for something else. answer is ‘yes’ do for the rest Continued on next page...

7 LawTalk 897 · 23 September 2016 Our Profession, Our People

of my life, but I just wanted a bit of a breather and get of it, how I can help them, where the learning and back into a space where I could think about everything development gaps lie. And then I’m also developing that I’ve learnt in my legal background and everything the curriculum as well. that I’d worked for up to that point. “I also look at budgets, so basically it’s like running “I had a lot of time to think, because I was constantly my own business, which is amazing. walking in the mountains, which was great. “Because we’re quite small, and this is the first time Future Leaders has been run, I’ve so much autonomy Inspired to help young leaders and responsibility. It’s pretty empowering for myself “When I was hiking I was also blogging for a drink and then hopefully for the young people I’m doing it called Chia, which is one of my friend’s health drinks, for as well. and I got to interview a person called Guy Ryan who “The people that we get into the Future Leaders pro- is the CEO of Inspiring Stories. gramme have been identified either by the Mayor or “He was Young New Zealander of the Year in 2015 the council or other key community contacts as young and he’s created Inspiring Stories, an organisation people who really want to give back to their community. which looks to unleash the potential of young New These are young people aged 18 to 25 who are working Zealanders, which is a huge, hefty aim. I instantly loved either full-time or studying, so this is something they the kaupapa behind it. do in their spare time. It’s essentially volunteer work “A couple of months later I saw a job come up for for them, but they really want to make a difference for programme manager of a programme they were just their community. They identify themselves as leaders about to launch called Future Leaders, which and current community and business leaders goes out into the rural and provincial areas also see them as having a lot of potential. of New Zealand – including quite deprived places like Ōpōtiki, Kawerau, Manawatu Exciting people and Buller.” “There’s some really exciting people that we Future Leaders is a year-long programme ❝ There’s work with, and also a huge range of different that sets up a cluster of two to four young some really people as well. people to build their entrepreneurship skills, “I’ve got one girl who never finished high their leadership skills and takes them through exciting people school and she came from quite a rough a process where they come up with a project that we work background, but she is so committed to to make a positive difference to some issue making her community the best place it that they see as affecting their community. with, and also can be. Against that I’ve got a couple of “They needed a programme manager to a huge range participants who are studying at Victoria run it, so that’s where I came on board and University and they’re super motivated and that’s what I do now, which is incredible of different have awesome connections. They share the and challenging and great. people as well same sort of drive but from completely dif- “I started in May, so it’s been four months. ferent backgrounds.” Through that time we’ve launched the pro- One of the projects on Ms Watson’s radar gramme and we’re operating in four main right now is the Festival for the Future con- areas which involve seven districts.” ference that Inspiring Stories is hosting in Virtually from the time she took up her Auckland from 23 to 25 September. new role Ms Watson was using her legal knowledge “It’s a 2½ day conference plus so much more – it is and skills. the opportunity to meet Kiwis who are innovating, dis- “Almost straight away I was looking at contracts, rupting and leading the way to New Zealand’s future as because we were getting councils on board, and having a better society. Attendees have the opportunity to hear to draft agreements between Inspiring Stories and par- from incredible speakers, attend workshops to upskill ticipants who are coming on board. on a personal development level, network with indus- “So even though there was nothing in the job descrip- try leaders and enjoy music performances,” she says. tion about law, that was where my legal training kicked “I’ve just been talking to quite a few law firms, bank- in. ing firms and accounting firms about sending a few of “Just the other day one of the people in my team their young professionals along as well. wanted to run a competition, and I said: ‘you’ve actually “There’s a whole lot of workshops that we run have a got to look at the Gambling Act’. So it’s been really inter- really amazing interactive element to it. It’s things like esting to see where my legal background comes into it. ‘design thinking’ so if you’ve got a problem, say like a “Then all the creative and communication side of tricky clause in a contract, or if you’re wanting to start things are really essential as well. I’ve got these 16 par- up something but you’re not sure what the business ticipants and I have to constantly get on the phone to is going to be then design thinking is the process that them, see how they are going, see if they’re actually you go through to get to that solution. That’s just one enjoying the programme, what they’re getting out example of what we’ve got,” she says. ▪

8 Our Profession, Our People 23 September 2016 · LawTalk 897

Lawyer an international rugby ref

West Auckland lawyer and long-time Auckland Rugby referee Don Thomas added a new entry to his CV last month. He can now boast that he has refereed an international rugby match on the famous Cardiff Arms Park, the spiritual home of Welsh rugby. Don was in Cardiff as a referee at the 21st Golden Oldies Rugby Festival. Open to players 35 years and over, the Cardiff festival saw at least 10 players over 80 years “young” taking the field for their respective teams. The oldest player was an 87-year-young player from Alice Springs, Australia. The festival opened with the traditional parade of nations through Cardiff from the castle to the Principality (previously the Millennium) Stadium. Under the closed roof of the stadium the 1,300 players in 86 teams from 14 countries and their partners took part in the opening ceremony. The same venue a week later saw the closing dinner and prizegiving at a sit down dinner for the participants. Don was also one of the official scrutineers as part of the successful ▲ Don Thomas leading the teams onto Cardiff Arms Park. record-breaking attempt to set the world’s largest scrum, with 1,297 participants. ❝ Don was sport beyond their serious competitive years. The Masters The competition proper ran over also one of Games in Auckland next year is a further example of three days at the University Fields in the strength of this movement. Then 25,000 athletes the course of which Don controlled six the official from 100 counties in 28 sports and 45 disciplines will games. scrutineers be descending on Auckland. The teams and competi- It was the additional appointment to tors are settled for this. However the organisers would one of the invitation matches played on as part of the welcome anyone interested in assisting in some way the park that was a highlight of the week successful as a volunteer (see www.worldmastersgames2017.co.nz). for Don. He was appointed to referee a In 2018 it will be Christchurch’s turn. Over April 2018 feature match between an Argentinian record-breaking the city will host 10 sports in what is predicted to be team and a New Zealand team on the attempt to set the city’s largest sporting event. Enter your team now. hallowed turf. If you are not part of a team you can still be involved Golden Oldies Rugby is part of a grow- the world’s by registering as an individual. There are always teams ing movement for people who want to largest scrum that are happy to accommodate individuals (see http:// continue to participate in their favourite christchurchgoldenoldies.com). ▪

9 Our Profession, Our People Welcome to the profession IPBA Scholarship The New Zealand Law Society welcomes the following recently admitted lawyers The Inter-Pacific Bar Association (IPBA) is now accepting applications to the profession: for the 2017 IPBA Scholarship Programme. This scholarship enables practising lawyers to attend next year’s Hamilton IPBA annual meeting and conference, which will be held in Auckland Basma Al-Ghanim from 6 to 9 April. Hadi Alkhawaildi Christchurch lawyer Maria Pozza was a recipient of a scholarship Kimberley Bloodworth to attend the 2016 conference. Anna Bradford To find out more about the scholarship and the scholarship appli- Katie Clayton-Greene cation form, visit https://ipba.org/about-us/scholarships/ipba-scholarship- Mari Car San Diego Gilmour program/156/166/. More information about the 2017 annual meeting and David Jason Hardy conference is at www.ipba2017.com. Mathew Hutcheson The closing date for applications is 31 October.▪ Alla Ishchuk Anna Elizabeth Jackman Rebecca Joy Louise Kelsen Charlotte Muggeridge On the Move Ana Ngamoki Rachel Anne Parker James McMillan has joined Frederick Uy Penaredonda Kensington Swan as a part- Joan Lalu Prado ner, based in Auckland. Hayley Patricia Revell James is a litigation lawyer Kirandeep Singh with over 13 years’ expe- Pawandeep Kaur Singh rience. He acts for clients Rajbir Kaur Singh Law firm on commercial disputes Chyn Yu Tang and frequently advises Stephen Taylor news James McMillan insolvency practitioners and creditors on receiverships, liquidations, Brian Geary of Brian administrations and compromises. Geary Law Office has merged his practice with Anthony Harper has made a series of new Stephens Lawyers and appointments. They are: Kevin Patterson, Correction will practice as a consultant special counsel – employment; Ethelred Chey, at Stephens Lawyers from associate – employment; Pip Breitmeyer, asso- In LawTalk 895 (26 August 2016), we ran an article their Wellington offices. ciate – banking and finance; Alice Chan, solicitor on Newmarket law firm Loo & Koo. The article Brian has over 45 years’ – banking and finance;Cornelia Mu, solicitor was entitled Pathways in the law. Brian Geary experience as a lawyer – corporate advisory; Miranda Gray, solicitor – In the second line of the heading on the arti- and specialises in property, commercial, family litigation; Harriet Quinlan, solicitor – litigation; cle, we incorrectly described Loo & Koo as a trusts, immigration, and wills and estates. Brian Dominic Fitchett, associate – property; Sarah Manukau firm. This is incorrect, as the firm is is a past President of CLANZ (now ILANZ) and is Anderson, solicitor – property; Catrina Hunter, in Newmarket. a former member of Chartered Secretaries New solicitor – property; and Tamara Webster, solic- LawTalk apologies for this error. Zealand Inc (now Governance New Zealand). itor – retirement villages.

10 Our Profession, Our People 23 September 2016 · LawTalk 897

Greenwood Roche has Stephanie Snedden has appointed Nick Dunn as a joined Buddle Findlay’s principal. Nick specialises Wellington office as a in commercial and prop- solicitor in the property erty law, with particular team. Stephanie advises experience in large-scale on commercial property acquisitions and divest- matters. Before joining ments, commercial leasing, Stephanie Snedden Buddle Findlay, Stephanie Penny Liu Kate Mitchell Nick Dunn infrastructure projects and worked in the property team at a large national Penny Liu has joined commercial contract negotiations. law firm based in Christchurch. Johnston Lawrence as a senior associate and Victoria Brunton from Sarah Ongley has joined Kate Mitchell has joined Buddle Findlay’s Wellington SBM Legal as an associate. the firm as an associ- office has joined the envi- She has 10 years’ experi- ate. Johnston Lawrence ronment and resource man- ence in employment and also has appointed a new agement team as a senior general litigation in New legal executive Claire solicitor. Victoria advises Zealand and the United Claire Puntenney Puntenney. on resource management, Kingdom. Before joining environmental and conser- Sarah Ongley SBM Legal, Sarah was Aimee Credin has been appointed a partner of Victoria Brunton vation law and public law. employed as an associate in the litigation and DLA Piper New Zealand and joins the national Before joining Buddle Findlay, Victoria worked employment team of an Auckland law firm. healthcare team. Aimee specialises in medico-le- as a senior policy advisor at the Ministry for the gal law and is an experienced civil litigator. Aimee Environment, a planning litigation solicitor for Alanya Limmer has is also a specialist in disciplinary proceedings, the Government Legal Service in London and joined Buddle Findlay’s Coronial Court proceedings, Human Rights law a resource management solicitor for a New Christchurch office as a and ERA hearings. Diana Hartley has also been Zealand law firm. partner in the the environ- appointed a partner of DLA Piper New Zealand ment and resource man- in the national RMA team. Diana is experienced Rachael Harris has started in the insurance agement team. Alanya in resource management and local government team of Wynn Williams in Christchurch as a specialises in resource law, including in urban growth, rural and heritage solicitor. management, environment matters, and on infrastructure projects. Alanya Limmer and local government law. Environment and resource management special- She advises corporates, DLA Piper New Zealand has made a series of ist Bianca Tree will join MinterEllisonRuddWatts local authorities, tangata promotions. Thomas Kelly has been promoted as a partner in October. Bianca will co-lead the whenua and individuals on to special counsel in the national corporate team. firm’s environment team. Bianca has experience resource consents, district Tom specialises in commercial and construc- across all resource sectors and provides advice and regional plans, existing tion law. The following lawyers have been made on the resource consent process. use rights, natural resource senior associates: Caroline Halliday, insur- policy and effective, stra- ance; Emma Manohar, resource management; David Howman has rejoined Harbour Chambers tegic litigation. Stephen Neisha Mistry, corporate; Jonathan Pitts, cor- in Wellington after 13 years in Montreal, where he Stephen Behrmann Behrmann has joined porate; Emma Sweet, litigation; Shane Swinerd, was Director General of the World Anti-Doping Buddle Findlay’s Auckland insurance and Victoria Waalkens, healthcare. Agency. David was admitted in 1973 and will office as a senior solicitor The following lawyers have been made senior recommence his practice in sport law, and in the banking and financial solicitors: Sherryn Harford, corporate; Kierra family law and associated issues, nationally services team. Stephen spe- Krumdieck, resource management and Igor and internationally. cialises in corporate banking Tokmadzic, litigation. and finance with a particular focus on property finance, commercial lending, fac- Frances Jones toring, debt restructuring, Edward J Power security enforcements, anti-money laundering BARRISTER and insolvency. Before joining Buddle Findlay, Stephen worked at a global business law firm in Edward is an experienced taxation barrister who has South Africa and New Zealand. Frances Jones joined Barristers • comm Chambers in Wellington and has joined Buddle Findlay’s Auckland office as a is available to accept immediate work. Edward may solicitor in the litigation and dispute resolution be contacted on: team. Frances has worked on matters relating to [email protected] insurance, debt recovery, professional indemnity  04 914 1050  027 201 9605 and negligence, and general civil litigation. 11 Looking after lawyers’ clients

rotection of client money entrusted to lawyers is paramount Pfor the work of the Inspectorate team. A team of 10 people are involved in this ▪▪ conduct investigations usually follow- In carrying out this role, the inspectors work – the Inspectorate Manager, one ing appointment by a lawyers standards focus on law firms operating trust accounts administrator and eight inspectors located committee; (approximately 1,400). throughout New Zealand. Their role is ▪▪ carry out duties as instructed when a One of their key educative roles is varied, but in summary, the Inspectorate: standards committee determines that an assisting NZLS CLE Ltd with the deliv- ▪▪ conduct reviews of lawyers’ trust intervention into a practice is warranted ery of the Trust Account Administrators, accounts; (see ss 162-170 of the LCA); Trust Account Supervisors and Stepping ▪▪ answer general inquiries about trust ▪▪ assist with interviews of lawyers apply- Up courses and assessments. accounting related issues from the ing for approval for practice on own This is an important aspect in ensuring profession; account; that lawyers and employees of law firms ▪▪ ensure compliance by lawyers with ss 110- ▪▪ conduct a review when a trust account understand their obligations when handling 114 of the Lawyers and Conveyancers Act is being closed; trust monies. 2006 (LCA), related to the obligations of ▪▪ administer the Financial Assurance practitioners in respect of trust accounts Scheme; and Financial Assurance and valuable property and with the ▪▪ assist in educating lawyers, law firms Scheme Lawyers and Conveyancers Act (Trust and their staff in matters relating to the The Law Society established the Financial Account) Regulations 2008 (Regulations); Regulations. Assurance Scheme in 1998. Following the 12 The work of a Law Society inspector

What is it like being a New Zealand Law Society Inspector? To answer this question, LawTalk spoke with one of the Inspectorate team, Ben Potaka, who is based in Wellington. Ben has a law degree and previous experience in investigating fraud and breaches of the Fair Trading Act. “I thoroughly enjoy my role,” he says. “It’s very varied. We are working with people from all across the profession. “We’re generally positively accepted. Lawyers like to receive the recommendations we make, especially in relation to topics such as anti-money laundering, improving efficiency and increasing awareness around cyber security and preventing email scams. It’s in a firm’s best interest to have the trust account running smoothly,” Mr Potaka says. “I find it rewarding when a trust account supervisor is negative initially due to the disruption, and Continued on next page...

enactment of the LCA, the Law Society has complying with the requirements, especially ▪▪ have a trust account; or continued the scheme as provided by reg- detection of the theft of client monies by lawyers ▪▪ receive fees or disbursements in advance ulation 36(1) of the Regulations. or their employees and other behaviours that of an invoice being issued. The scheme has five objectives: protec- foreshadow the potential loss of client monies. tion, compliance, detection, deterrence and Risk management demonstration. Deterrence framework These objectives are set out in regula- To discourage lawyers from handling clients’ The framework used by the Inspectorate tion 36(3) of the Regulations and can be monies improperly. team to carry out their functions: summarised as: ▪▪ is based on an international risk manage- Demonstration ment standard (AS/NZS/ISO 31000 (2009); Protection To demonstrate to the legal profession and to ▪▪ reflects current risk management prac- To protect clients’ monies held in lawyers’ trust clients, the public and their representatives, that tice; accounts. there is an effective scheme in place. ▪▪ establishes a criteria for risk assessment; and Compliance The scheme applies to all lawyers except ▪▪ provides a methodology for develop- To ensure that lawyers meet the requirements those who, on their own behalf or as direc- ing risk-based assurance trust account of LCA and the Regulations in their handling of tors or shareholders of an incorporated review processes. client funds. firm, do not: The timing and frequency of trust account ▪▪ receive or hold money or other valuable reviews is driven primarily by the level of Detection property in trust for any person; or identified risk.▪ To uncover situations where lawyers are not ▪▪ invest money for any other person; or 13 LawTalk 897 · 23 September 2016

I am able to turn that around and make checks usually pick up any major issues.” non-compliance that was mentioned to them see that it’s not just a burden but the firm in a previous review report that that we are trying to help them.” So what actually happens when an has not been remedied we may consider While the majority of the inspectors’ inspector conducts a trust account that to be of concern. work is trust account reviews, the team review? is also involved in a number of other activ- “When we go into a firm, we have an initial New practice reviews ities, including conducting investigations meeting with the Trust Account Supervisor. “When a new firm starts up or when a for standards committees. The initial meeting assists us to get a feel for lawyer commences practising on their own the Trust Account Supervisor’s knowledge account, we will do a new practice review. The main aims and experience around trust accounting. “There’s a strong focus on education, “We have several aims,” Mr Potaka says. There would also be a closing meeting processes and on making recommenda- “One is protecting client funds that are covering any points that they need to be tions to ensure they are complying with being held in a trust account. aware of, including any recommendations. the Trust Account Regulations. This type “Two is protection for the public at large “We find a lot of minor non-compliance. of review also assists with the collegial – not necessarily the people that have got It’s the recommendations that are the aspects of our role. funds in the trust account itself, but the strongest thing from our point of view that knowledge that lawyers are held to a high will assist with compliance for the future. Section 30 (practice on own standard, that they are held to account. account) interviews “Three is protecting the reputation of What is the result of a trust account Inspectors also assist in interviews when lawyers. That’s where the educative part review? someone is intending to become a barrister is quite strong, because if lawyers are com- “We provide the firm with a report outlining and solicitor on their own account in a pliant it increases the reputation of the everything which we discuss in the closing practice with a trust account. profession as a whole. meeting, including any points of non-com- “Our role is to be satisfied, as much as “The aim is making sure that lawyers pliance and any recommendations. possible, that the person has sufficient really understand the legislation and the “If we find non-compliance, there are knowledge regarding the relevant regula- steps that they need to take to comply, three steps we can take: require further tions and rules relating to solicitors’ trust and that you need to have strong, robust information, remedy of the non-compli- accounts and the handling of client monies. procedures in place. ance or, if the matter is serious, we can “Those interviews are important, as it “You have to actively ensure that your refer the report to the Lawyers Complaints is a gatekeeping role in regard to a trust trust account is operating effectively,” Mr Service for consideration. If we find account,” Mr Potaka says. It also helps to Potaka says. have met the lawyer before the new practice review. Trust account reviews “The majority of our time would be con- Educative role ducting what we call a trust account review. “We have an educative aspect as well by participating “In carrying out a review of a trust ❝ We have an in the courses run by NZLS CLE Ltd. We are involved in account, the main areas we look at are educative aspect presenting parts of the Stepping Up Course, the Trust reconciliations, payments that have been Account Supervisors Course and all of the Trust Account made out of the trust account, and journals. as well ... We Administrators Course. There is also a large focus on procedures: are involved in how the firm conducts its trust account, Investigations the processes that sit behind anything to presenting parts Another function of the Inspectorate is conducting inves- do with the trust account, and what good of the Stepping tigations of lawyers or firms under appointment by a practice would be for a firm of its size. standards committee. “If there’s more than one person in Up Course, the “The majority of time we will be involved is where there the firm there’s usually a trust account Trust Account have been some alleged issues around the trust account,” administrator. We look at the supervision Mr Potaka says. of that person and how the Trust Account Supervisors “We have power to obtain information from the banks Supervisor is overseeing the trust account. Course and and an investigation may require interviewing persons “As a flow-on from that, we look at the involved. internal controls of the firm – how they all of the “When theft from the trust account occurs it can be dev- are put in place to meet the regulations Trust Account astating for the firm, the clients affected and the community. around trust accounting. This might include There is also reputational damage for the profession and reviewing separation of duties, payment Administrators potential claims on the Lawyers Fidelity Fund. Protection processes and any check lists in place. Course of the public is a priority. “Any time we go into a firm, we do a “At the conclusion of the investigation we prepare a basic test with their bank account and their report which goes to the standards committee. trust account, and will select items to test. “So any time we can prevent something like that occur- “We are not doing an audit, but our ring is definitely worthwhile,” Mr Potaka says.▪ 14 ▲ The Inspectorate team at a recent meeting in Wellington (from left) Eben Kitching, Michael Koo, Lisa Attrill, Lee- Ann van Heerden, Philip Strang, Lucy Wesley, Ben Potaka, Graham Bentley and Kane Smith. (Melanie Ashall was not present at the meeting),

Meet the Inspectorate team Melanie Ashall

Lisa Attrill Michael Koo Philip Strang Inspectorate Manager – Based in Wellington Inspector – Based in Auckland Inspector – Based in Christchurch Before moving to the Inspectorate, Lisa was the Before joining the Law Society Michael was an Before joining the Law Society Philip was a char- New Zealand Law Society’s Registry Manager. investigator for Inland Revenue specialising in tered accountant. He worked in the private sector fraud, evasion and prosecutions in the Hidden as a specialist forensic accountant. Melanie Ashall Economy units. Inspector – Based in Hamilton Lee-Ann van Heerden Before joining the Law Society Melanie was an Ben Potaka Inspector – Based in Auckland investigator for Inland Revenue specialising in Inspector – Based in Wellington Before joining the Law Society Lee-Ann worked fraud, evasion and prosecutions in the Hidden Before joining the Law Society Ben worked at in commercial and management accounting, Economy units. Internal Affairs investigating fraud in the char- external auditing in South Africa and external itable sector. auditing and BAS accounting in NZ. Graham Bentley Inspector – Based in Wellington Kane Smith Lucy Wesley Before joining the Law Society Graham worked Inspector – Based in Hamilton Inspectorate Administrator – Based in at Chapman Tripp as Chief Financial Officer. Before joining the Law Society Kane was an Wellington investigator for Inland Revenue specialising in Before joining the Law Society Lucy worked for Eben Kitching fraud, evasion and prosecutions in the Hidden the Medical Association. Team Leader, Inspectorate, Auckland – Economy units. Based in Auckland Before joining the Law Society Eben was a specialist, recovery and enforcement solicitor with Inland Revenue. 15 16 23 September 2016 · LawTalk 897

From indigenous rights advocate to Cabinet By Frank Neill

Becoming Attorney-General and Minister of Justice was not on Jody Wilson-Raybould’s radar when she left law school to become a Crown prosecutor in Canada’s biggest criminal court in Vancouver. Ms Wilson-Raybould did, however, have “the good fortune to be raised in a political family. My father and grandmother were advocates for indigenous rights, so I was brought to community meetings from a young age.

“I come from an indigenous community on Commission – an independent body tasked with the West Coast of Canada, from the Musgamagw overseeing treaty negotiations among the federal Tsawatainek and Laich-Kwil-Tach peoples and I government, the provincial government and the was raised in my culture – raised to believe in indigenous people of British Columbia. who I am, to always remember where I came from and to use my skills and abilities such as they are to assist in improving the lives of indigenous Elected by the chiefs peoples,” she says. “I really didn’t have aspirations to be a politi- The opportunity presented for Ms Wilson-Raybould cian, but always believed in contributing to public to become the regional chief of the British Columbia service. Assembly of First Nations, which is a position that “I was taught by my grandmother that if you is elected by all the chiefs in British Columbia to believe in something, if you work hard, you can represent them on a provincial and a national level. accomplish anything you want to, and these are “We worked really hard among the indigenous the values that stick with me to this day. leadership to bring forward concrete, pragmatic “Being raised in an indigenous political family, solutions for indigenous people to become self-gov- I realised that the rights of indigenous people in erning. our country and recognition of those rights could “The government at the time was not listening to be improved. our voices in spite of the fact that we were deliv- “The battles that my family engaged in in the ering well thought through potential solutions. advocacy carried on with me.” “That, as the regional chief, frustrated me As time passed, an opportunity to become immensely,” Ms Wilson-Raybould says. involved in a significant way to advocate for indig- “Around that time, I met a gentleman named enous rights did present itself. Justin Trudeau (now Canada’s Prime Minister, but That came after following in her father’s footsteps then leader of the Liberal Party). to law school, being a Crown prosecutor for four “He [along with other people] convinced me to years, then joining the British Columbia Treaty put my name forward to run in federal politics. I

17 LawTalk 897 · 23 September 2016

campaigned for about 15 months to become During her visit, she engaged with sev- a Member of Parliament. eral government Ministers, including Prime “I had the great honour to then be asked Minister John Key and Justice Minister Amy by our Prime Minister to serve as the Adams. The Attorney-General, Christopher Minister of Justice and Attorney-General Finlayson, accompanied her and her dele- of Canada.” gation during their week-long visit. In that role, Ms Wilson-Raybould says, Ms Wilson-Raybould received briefings her campaigning for indigenous rights “is from senior justice sector officials and definitely ongoing”. meet with Māori leaders, including the “Every different election that I have run chief negotiator of Ngāi Tūhoe, to discuss in was for a particular reason to advance treaty settlement. certain causes and to create space – as my “The Prime Minister invited me as a grandmother taught me – for indigenous Fellow, as a guest of the New Zealand peoples to improve their quality of life. Government, which is a great honour,” “Central to my role as Minister and she says. Member of Parliament is not simply to “I’m certainly very pleased to be down advocate for indigenous people but ensure here and have the assistance of our mission that we create that space for all Canadians to engage in a very broad visit. to be able to do what my grandmother “There are a lot of things that we are said: ‘if you work hard that, regardless of looking to learn from what’s happening you race or ethnicity or gender, you will here in this country, whether it be around be able to succeed’. criminal justice reform, looking at the “That is how I see my role as Minister – over-representation of indigenous peoples being an ambassador for the Charter that in the criminal justice system. we have in our country that espouses our “We have many shared experiences, not values and who we are,” she says. just indigenous peoples, but peoples with “In terms of the values that I bring to my mental illness or addictions who aren’t roles, I think we can all learn from different treated for the illness that they have, but people’s experiences. find themselves filtering through the crimi- “For me, I think that everything is rooted nal justice system on a far too regular basis. in a sense of community and that in a community that functions well everybody plays a role that ensures that things run smoothly. “Again these are the teachings of my Learning from NZ grandmother. “When anyone is inhibited from playing “So we’re down here learning from lessons from the expe- a role, the community suffers. I think there riences and successes that New Zealand has had. are a lot of parallels in terms of justice and “In terms of the colonial experience, we can learn from ensuring that if you work hard then people how settlements are being made in this country.” can fulfil their roles in society. ❝ Everything That is particularly relevant given that “we are in the is rooted in process of working with indigenous peoples in Canada. “There’s lots of success stories we are sharing and lessons Diversity is a a sense of that have been learnt. community “One of the amazing things that we have all remarked strength on is that in Canada our indigenous population is just and that in a over 4% of the population. Here it is a little bit more than “One of the things that attracted me to our community 15% of the population. Prime Minister Trudeau and his philoso- “In Canada we have just over 50 indigenous languages phy was that, in our country, diversity is that functions across the country. 27 of these languages are in British a strength. well everybody Columbia. They are as different as Japanese would be “He allows individuals to sit around a from Italian.” table or to sit in the House of Commons plays a role that This is an important issue, particularly given that the and have vigorous debates and discussions ensures things United Nations has recognised the loss of language not only and recognises that through that diversity in Canada but throughout the world. “We need to do a lot you gain strength and you make better run smoothly better job at ensuring we promote languages,” she says. decisions.” “Here there are some variations in Māori, but there are Ms Wilson-Raybould visited New Zealand still common understandings. It’s just amazing to hear from 29 August to 2 September as a Prime public servants and Ministers speaking the language and Minister’s Fellow. how integrated Māori culture is in everyday life here. 18 “It’s something to marvel at, because we need to do a ▲ Canada’s responsible for appointing judges to the lot more of that in Canada,” Ms Wilson-Raybould says. Attorney-General and superior courts in our country and we are Minister of Justice Jody in the process of actually renovating how Wilson-Raybould (second we evaluate potential jurists to sit on our Promoting gender parity form right) next to Prime superior courts and making that criteria Minister Justin Trudeau. broader in terms of bringing in diversity, Just as ethnic diversity is important, so too is gender ensuring that we have an equal number diversity. of women to men on the bench. “I’m a firm believer in ensuring that we promote gender “We’re not there yet. I made appoint- equality, gender parity,” Ms Wilson-Raybould says. ments of 15 new judges to the superior “We have a gender parity in our Cabinet in Canada and courts across the country and 10 out of it promotes different discussions. It changes the tone of the 15 were women. That was this year. discussions. ❝ It’s not “Some people in the media – the media “The same is true if you are looking at a Supreme Court just reaching being what it is – remarked that’s not or if you are thinking of working around a boardroom table. gender neutral. Our arguments were that “It’s not just reaching gender parity, but reaching diversity gender parity, we have a long way to go to get gender in general. So the richer decisions come from a table or a but reaching parity. We have a long way to go until we courtroom where the people that are sitting in the chairs find that on the bench. are reflecting of the people that they are representing. diversity in “But on our highest court we have nine “So it it’s in a courtroom and you appear before the general judges and there’s the Chief Justice. Madam bench, and our Chief Justice said this in a speech, you Justice Beverley McLachlin is a woman. So need to be able as a person standing before the bench we have four women and four men. Justice see yourself in that bench to have trust in the judiciary. Cromwell is retiring on September the first “I think the same is true for the House of Commons as so our next appointment will determine the it is for the boardroom. One of the commitments we have majority on the court in terms of whether made as a government, and this is within my domain as it’s men or women. It’s pretty exciting,” Ms the Minister of Justice and the Attorney-General, I am Wilson-Raybould says. ▪ 19 LawTalk 897 · 23 September 2016

only slightly according to education level – around 3% to 4%. This percentage only varied when the responder had a law degree! “Interesting, too, were the responses from law firms that declined to participate. “Reasons ranged from not wanting to bother clients with ‘trivial matters’, to one managing partner who said he was afraid of the responses his firm’s clients might provide. “There is plenty of food for thought here,” Ms Harris writes. It is difficult to get past the fact that almost 100% of people thought it important to understand what their lawyer wrote. It saves money! Writing clearly to suit the needs of your clients strengthens relationships, saves time and money, and boosts efficiency. What do clients really A growing number of firms around the world recognise that plain language is no longer an optional extra. Rather, it’s some- think of their lawyer’s thing that can define them. As American best-selling author and entrepreneur Seth Godin said: “You can either fit in – or stand writing style? out. Not both.” The New Zealand results that will be revealed at Clarity2016 will be interesting. Overseas research on the question of what represented various practice areas, includ- A number of law firms in this country clients really thing of their lawyer’s writing civil defence, civil litigation, estate have made a commitment to effective ing style has already been completed and planning and family law. communication, with plain language at reported, but what do New Zealand clients “The study was primarily designed to the forefront of their various messages. think? test whether responders preferred plain This has been reflected in the awards law This question will be answered at the legal language or traditional legal language. firms have achieved in the annual Plain upcoming Clarity Conference, Clarity2016, to “The test questions were carefully con- English Awards, which have been running be held in Wellington from 3 to 5 November. structed to avoid skewing the answers to for just over 10 years. Professor Chris Trudeau of Cooley Law plain language. The questions covered four The law firm winners have included Legal School looked at this question in a study areas key to plain language: Beagle and A J Park, with the Ministry of conducted in the United States in 2011. ▪▪ active versus passive voice; Justice also picking up a victory. This does Professor Trudeau will present the results of ▪▪ strong verbs versus nominalisations; not tell the whole story, however, as lawyers a wider study, which includes New Zealand ▪▪ plain words versus complex words; and were involved in preparing many of the law firms, at Clarity2016. Professor Trudeau ▪▪ explaining a legal term versus not winning entries over the years. is due to begin the New Zealand research explaining. At the same time, however, many firms soon. continue to use language that makes their Stand-out highlights communications difficult for people who What the survey found “The three stand-out highlights of the study do not have legal training to comprehend, A diverse group of 376 people responded were: or comprehend fully. to the 2011 survey, ranging in age from 18 ▪▪ 99.7% of responders thought it was Clarity2016 (see www.clarity2016.org) is to 80 years old. Their educational quali- important to understand what their the conference of Clarity International, an fications ranged from high school diplo- lawyer wrote. Yet 71% said they had international association promoting plain mas to doctoral degrees, writes Clarity received a document from their lawyer legal language. Clarity’s two patrons are International’s New Zealand representa- that was difficult to understand. Sir Kenneth Keith and retired Australian tive, Lynda Harris, in a blog on the survey ▪▪ As complexity of text increased, so did High Court Judge Hon Michael Kirby AC. (https://writeclearlyblog.com/2016/08/24/the- the preference for plain language. This This year’s conference has attracted key- public-speaks-lessons-for-lawyers/ ). response applied across all education note speakers such as Solicitor-General Una “The law firms that invited their clients levels. Jagose, Hon Kirby, Sarah McCoubrey and to participate in the anonymous survey ▪▪ Responses across all questions varied Dr Paul Wood. ▪ 20 Letters to the Editor 23 September 2016 · LawTalk 897

Letters to the Editor

LawTalk welcomes letters to the Editor. Letters should ideally be restricted to a maximum of I qualified in the 1960s when Latin 450 words, although shorter letters are most welcome. Letters may be abridged or edited, and phrases were still much in vogue, and, LawTalk reserves the right to not publish any letter submitted. Letters should be sent to LawTalk indeed, those from that era will recall well- as either a Microsoft Word document or in a form that can be copied and pasted into a Microsoft worn phrases like “res ipsa loquitor”, “ratio Word document. They can be sent to [email protected]. decidendi” and the like. It is very important to be as “jargon free” as possible and I applaud all moves in that The home office is great. I go home for direction. Some readers will recall from my morning and afternoon tea, as well as article, my expressed admiration for the Online for lunch. clear and concise judgments of the late 6 My major and international clients, Lord Denning, who wrote in a commonly lawyering as well as smaller local ones, love my understandable “fireside chat” manner. approach. I get to see them on their Online lawyering was of course unknown I’ve just read with interest the article ground most of the time. Even when then, but, while I accept it is the “wave of by Nick Butcher and other materials in they come to see me, we usually end the future” (or should that be “the pres- LawTalk 895 concerning online lawyer- up mixing work and fishing, work and ent”), I was heartened to read Mr Heron’s ing, and thought I might pass on some of socialising, work and planning. I used to acknowledgment that such is not to replace my own observations from having pretty fear that the larger multinationals would other lawyers “such as provincial practi- much practised online full time since 2006. be scared off by the idea that I do most tioners in the more remote areas”. His com- 1 There are many things that can be done of my work from a small seaside town. ments in the next sentence about lawyer totally online, up to and including dispute Not at all: senior executives of overseas client relationships are very apt. resolution. For example, I have several listed companies ask my advice about So the “traits of a good lawyer” to me are appointments each year as a construction how to do it for themselves. as outlined in the third article, but being a adjudicator. The adjudication process is 7 Clients in my village? I usually see them “good lawyer” especially in provincial and designed to be free of viva voce hear- in the street, and that’s the marketing suburban areas, is about having “people ings, so mine is all online, apart from done. When we need to discuss a work and relationship building skills” or to put the most voluminous of evidence that matter, because I already know them it another way, “life skills”. These can only is a pain to scan. well, it’s email, text, or sometimes phone come with time and are not “taught in law 2 All the processing parts of any straight- contact. If you know your clients well school”. forward conveyancing and commercial enough, you don’t need to see their body Many years ago, when I was 25 and matters can and should be dealt with language. about to go into my first law partnership online. Negotiations? – depends – cer- I emphasise that these are just my own in Auckland, I was very fortunate to have tainly there are some that cannot be observations. But that’s the great thing. two senior mentors in the firm. One used done any way other than face-to-face. Online lawyering lets anyone exercise their to get me in to his office for regular “uncle- 3 Basing your processing in the cloud own style. Ultimately, your clientele will nephew chats” as he called them. makes it possible to work from anywhere. be those who like your own style. One day he asked me: “Which is the most I have completed deal negotiations from Peter Jones important – your duty to your client or your my boat; and once, to prove a point, a Auckland duty to yourself?” Thinking that I knew conveyancing settlement in its entirety the “right answer” I said it was the duty from the highest point on the Desert Road to the client. – including reporting to my clients with With a very wry smile he said: “No, all title in their name. Being a good you young fellows say that. It is actually 4 But: people like direct personal contact. the duty to yourself ”. This is not just true for clients, but also for lawyer He explained to me the most vital piece colleagues. Very few are temperamentally of legal craft that I have ever heard, namely suited to working entirely alone. During the course of a busy day (and gen- that it involves getting the legal advice cor- 5 Because people do prefer personal con- erally they are all like that in Community rect and not guessing. That way, he said, you tact at least sometimes, and this helps Law), I was interested in the articles on “protect yourself and protect the client”. trust and confidence both ways, I do plain language (which I also wrote a David Sparks have an Auckland office at which I occa- LawTalk article on last year), online law- Baywide Community Law Service, sionally meet clients. Most of the time, yering and the traits of a good lawyer. Whakatane however, I work from the office attached To me, the three matters are interrelated. to my house, 250km away from the city. To explain: 21 LawTalk 897 · 23 September 2016

Meaningful work a key to recruiting and retaining talent

By Gene Turner

Making work meaningful is one of the key factors to focus these successful small and medium sized on to attract and retain the best team. businesses, and ultimately that’s where This is important, because if you and your team can’t my motivation to do an MBA and start see the impact that your work has for you, your firm, LawHawk began. your clients and wider society, you’re missing a heap of Some people find more meaning in the motivation, and can actually become demotivated. deals with a lot of 000s in them. I would think about this often, and was particularly However, I found more satisfaction work- prone to reflection on the value – or otherwise – of what I ing with, or for, the benefit of individu- was doing when working during the evening. Usually you Gene Turner als. Managers of large organisations move were working late because there was at least one person quickly from project to project and often who thought it was the most important thing happening don’t really care about long-term outcomes, in the world at that time, but with a little tiredness and while a job for an individual might be one an empty stomach, I could often come to the conclusion of the most important things in their whole that it wouldn’t make the slightest difference in the greater life. People like helping people. scheme of things whether the deal occurred or not. On the other hand, when your work has meaning, it can Six ways you and your team can find have a huge difference. For example, in the accounting meaning and satisfaction world, KPMG have reported soaring morale and greatly Here are some simple things you can do to help you and reduced turnover through showing their employees the your team find more meaning and satisfaction in your work: impact they were having on the world. 1. Have the right mindset Even bank loans can be interesting We all enjoying doing things that we think are important Unfortunately I never got to work with anyone who actu- and have impact. If you and your team can learn how ally was curing cancer, and the reality is that few jobs will what you are each doing fits into the overall scheme of actually have substantial public impact. However, with things and who you are helping, you will all enjoy it a lot curiosity and an open mind, even quite routine work can more. It’s often in your mindset, and sometimes you will be given a lot of meaning. need to be creative: You can be a bricklayer or a cathedral As an example, I’ve done a lot of banking transactions builder; a bank loan drafter or someone who helps New over my career, including a spell in-house at Westpac Zealand businesses grow and succeed. managing property finance and business banking transactions. In documentation terms, the work was vanilla and 2. Take your team members to meetings or let repetitive, and could have been quite boring. I enjoyed it them sit in on calls though, because I had a lot of personal responsibility and In this cost conscious climate, some clients are sensitive freedom, and also because I got to read the credit memos to having multiple lawyers attend meetings. Given that and approvals as part of the transaction. they also want delegation and overall lowest cost, I think From the bank’s perspective, this was solely for compli- there’s a sound case for having the person who will do ance. I had to do this to ensure that all credit’s requirements much of the work at the meeting on a chargeable basis to were included in the loan and security documentation. hear directly what they need to do, and why, rather than However, as part of the review I would also learn a lot hear it second hand later from the partner. If they take about the borrower, their business, and what they were a laptop and have access to cloud computing tools like going to achieve with the loan. document automation, they could be starting to generate a Rather than just shuffling paper, or adding a little more contract based on the interview, so the client would more to the bank’s billion dollar profit or the CEO’s bonus, this directly see the value. Moving more to fixed or retainer background and context gave the transactions meaning pricing would also help. and provided the motivation I needed to get the loan estab- However, even if you can’t charge for it, if possible try lished as quickly as I could. I was inspired by the stories of and take the lawyer to the initial client meeting, or let 22 23 September 2016 · LawTalk 897

them sit in on the call. You’re teaching them valuable powerful way of showing how even small meeting and inter-personal skills (showing them how it ❝ Ensuring things can make a big difference to the is possible to communicate without email), developing your team client’s experience. relationships at multiple levels with the client, and they’ll appreciate why they’re doing the work and the people understands 6. Think about the whole team who will benefit from it. the broader Of course this is not limited to your legal staff. Your law firm’s business is a system, 3. Ask your clients to present to your team impact they are and all the parts of the system need to work It’s common for lawyers to host seminars for clients. It’s a having is one coherently. This could apply just as much to great way to demonstrate your expertise and to facilitate your secretaries, receptionist, finance staff networking. key way to keep or (increasingly) third parties that perform However it’s less common to have clients come and them productive services on your behalf. talk to the firm about their business and strategy. While I worked with an amazing secretary who your client might talk to you one-on-one, how about the and engaged co-ordinated billing for a key client. She did rest of your team? such a great job that month after month We arranged a lot of visits and always got great value the client would come back to us thanking from them. Having Mike Bennetts visit and talk about his us for making such a tedious process work plans for Z Energy soon after taking over was one real so well at their end, and saying how much highlight for me in this area. better “we” were than other firms. Did we make sure the secretary knew how valued 4. Visit clients she was by the client? Of course! Even better than getting the clients to visit you, go and Attracting and retaining talent is an ongo- see them at their business. There’s a lot that you can do ing challenge for any practice. Ensuring at your desk these days, and it’s tempting to do all of it your team understands the broader impact via email. However, cloud computing lets you work from they are having is one key way to keep anywhere, so why not do more from your clients’ premises? them productive and engaged. [I will dis- Go and see what they actually do. I loved my visits to New cuss some other ideas in future articles.] ▪ Zealand Post’s mail sorting and printing businesses as it demonstrated how technologically advanced and chal- Gene Turner is a Wellington lawyer. A former lenging their business was. It gave context to the printing Buddle Findlay partner he is the founder of new supply agreements I negotiated. business LawHawk, www.lawhawk.nz, an online When you’re visiting a client’s offices you’ll also bump legal document generation service for lawyers into other people, learn something new and unexpected and procurement specialists. that was valuable, and it will help you get your 10,000 steps a day. My biggest client was Infratil, and I made See actionstep.com/ba for details Special Offer sure I went to their annual investor day as it helped me achieve a much better understanding of their overall business and plans than I could otherwise. for 5. Ask your clients to tell you what will add the most value, and how Criminal Barristers well you did it Complete Practice Management system Before the job begins, ask your clients how specifically designed for NZ criminal barristers what you’re doing will really add value to solve their needs, and make sure you focus 100% Cloud based, 100% Secure. on those things. Access from anywhere Soon after the job (or during), ask directly Over 60 Autopopulating document how well you did. Regular net promoter templates score surveys can be a good way of uncov- Integrates with MS Outlook and Word ering what is working well and not so well Preloaded contacts for courts and for your clients, and New Zealand company prisons AskNicely is one that is now enabling you to Preloaded lists of criminal offences obtain that feedback easily via the Internet without having to do it all yourself. Timerecording, Billing, Document Sharing the results with all the people Storage involved in delivering the service can be a 23 LawTalk 897 · 23 September 2016

Big AML changes ahead

By Lloyd Kavanagh and Tina Xu

The Government has announced that lawyers and certain phase 2 entities to need the same length other non-financial businesses and professions that deal of time to prepare. with large amounts of cash will be brought into the Anti- The AML/CFT regime provides for a range Money Laundering and Countering Financing of Terrorism of initial and ongoing compliance obliga- (AML/CFT) regime by mid-2017. A short transitional period tions. Many phase 1 entities did not start may follow, after which these entities must be fully com- working on compliance until it was too pliant with the regime. late, leading to non-compliance on day The existing phase 1 of the AML/CFT Act came into force one. Lawyers need to start considering on 1 July 2013. It covers casinos, financial institutions, and Lloyd Kavanagh their potential obligations and planning a small number of other reporting entities defined by reg- for compliance as soon as possible to ensure ulation such as financial advisers, and trust and company they don’t fall into the same trap. formation agents. It was always envisaged there would be The New Zealand Law Society will also a phase 2 for other sectors such as lawyers, conveyancers, need to consider how it can best represent accountants, real estate agents, boat and motor vehicle and assist its members, and whether it will dealers, high-value goods dealers and other businesses aspire to a role as an AML/CFT supervisor that deal with large amounts of cash (phase 2 entities). for lawyers. If so, it will need to decide how it will resource itself to discharge those What does this mean for lawyers? significant responsibilities from day one. This will have a radical impact on nearly all lawyers’ prac- Tina Xu tices. Lawyers need to be prepared to respond to a very Catalyst demanding timetable over the next year or so. The immediate catalyst for accelerating The Ministry of Justice has indicated that since the AML/ phase 2 reforms were the Panama Papers CFT regime has been operational for three years now, any leaks and the associated media and polit- transition period can be short (on the basis the regime ical reaction. is already well understood). Phase 1 allowed four years John Shewan’s independent inquiry into for full implementation but the ministry does not expect the foreign trust disclosure rules in New 24 23 September 2016 · LawTalk 897

Zealand that followed and his resulting an administrative address for a company, a partnership, or any other report found that strengthened foreign legal person or arrangement; trust disclosure, including under the AML/ ▪▪ managing client funds, accounts, securities or other assets; CFT regime, would be desirable for New ▪▪ preparing for or carrying out real estate transactions on behalf of a Zealand. customer; and The Ministry of Justice reacted swiftly ▪▪ preparing for or carrying out transactions for customers relating to and released in August 2016 its consultation creating, operating or managing companies. paper, entitled Improving New Zealand’s abil- Other activities, such as transactions that are solely for the purpose of ity to tackle money laundering and terrorist paying professional fees or invoices (eg, funds received in a lawyer’s trust financing, seeking stakeholders’ views on account for fees in advance) are not proposed to be included at this stage. the reforms to ensure that the proposals Phase 2 reforms will likely also include enhancements to the existing fit with the established practices of the regime. The consultation paper proposed: relevant entities. Submissions in response ▪▪ expanding suspicious transaction reporting to include suspicious and to the consultation paper were due by 16 unusual activities regardless of whether or not any transactions have September 2016. gone, or will go, through a New Zealand financial institution; The consultation paper indicates that the ▪▪ enhanced information sharing with regulators and law enforcement bill for phase 2 will be enacted by June 2017, agencies, including the IRD; with a short transition period to follow. ▪▪ reviewing the existing provisions in relation to relying on third parties The ministry has announced that the to meet AML/CFT obligations; Government will introduce the bill to ▪▪ expanding the scope of inclusion of trust and company service pro- Parliament by the end of this year, which viders in the regime; will provide us with a clearer indication ▪▪ allowing simplified customer due diligence to be conducted on addi- of the upcoming changes. It is expected tional entities, such as state-owned enterprises; that there will be a second opportunity ▪▪ reviewing the existing legal privilege provisions; and for submissions on the bill in the Select ▪▪ reviewing the supervisory structure. It may be inferred from the consul- Committee stage, but by then, it is likely tation paper that the ministry is likely to favour the “multiple agencies that the focus will be on matters of detail with self-regulatory bodies” model, which has similarities with the rather than the issues of principle raised United Kingdom approach. ▪ in the consultation paper. Lloyd Kavanagh is a partner and Tina Xu a solicitor at MinterEllisonRuddWatts. What does phase 2 cover? They are also the authors of the AML/CFT chapters of Morison’s Company and Currently, lawyers and others remain Securities Law. The chapter does not yet cover Phase 2 but will be updated as regulated by the Financial Transactions the regime develops. Reporting Act 1996 (FTR Act). The FTR Act has some similar require- ADVERTISEMENT ments to the AML/CFT regime but the obligations are generally less demanding and are not actively supervised. Other entities that will be brought into the regime, such as IMPORTANT CHANGES TO high-value goods dealers, have not had any money laundering or terrorism financing THE AML/CFT REGIME obligations to date. For both groups, the changes will have a very significant impact Parliament has announced that new legis- Government regulation and law enforce- on their operations lation to capture lawyers and other prac- ment in both New Zealand and Australia. titioners under the AML/CFT Act to be This experience was in Australasia’s largest In line with the existing regime, phase passed this year. bank (CBA Bank), the Australian Prudential 2 entities will only be required to comply Regulation Authority (APRA) and the New with AML/CFT requirements in relation to Lawyers will have to draft a risk assessment Zealand Police. specific types of activities. For example, the and adopt an AML/CFT policy in line with consultation paper proposes that lawyers new obligations on date of application. GRC Advantage has insights into best practice, regulator expectations, pitfalls to will be subject to AML/CFT requirements The AML/CFT legislation requirements are avoid, productivity and business process when providing the following services in extensive, and must be reviewed on a regu- improvement. We are able to assist you pre- the ordinary course of business: lar basis. pare and draft your risk assessment, policy ▪▪ acting as a formation agent of legal per- manual and provide in-house training for sons or arrangements; GRC Advantage Pty Ltd is a business con- your staff, anywhere in New Zealand. sultancy specialising in governance, risk, ▪▪ arranging for a person to act as a nom- compliance, AML-CFT policy drafting, risk Contact Matthew Wyllie at inee director, shareholder or trustee in assessments, audits and investigations. The [email protected] or relation to legal persons or arrangements; Managing Director has over 21 years of expe- visit www.grcadvantage.co.nz ▪▪ providing a registered office, a business rience drawn from Financial Services, Federal for more information on services. address, a correspondence address, or 25 LawTalk 897 · 23 September 2016 Legal information

A Constitution for

In presenting their constitution the Aotearoa New Zealand authors say it aims to accomplish two objectives: it must rest on a popular foundation, and facilitate the principle that majorities By Geoffrey Palmer and must have their will expressed in legislation. It must prevent abuses of power, Andrew Butler tyranny over minorities by majorities, and invasion of human rights norms. Oh, and they want us to become the Reviewed by Geoff Adlam republic of Aotearoa New Zealand with a Head of State and a prime minister elected by a four-year term Parliament. Cabinet New Zealand’s constitution is a hodge- would have a maximum of 20 members. podge of rules formed by a jumble of The Speaker would be elected by conscience statutes, a plethora of obscure conven- vote and would not have a vote on issues tions, letters patent and manuals, and a before the House. The courts – with judges raft of decisions of the courts. Accessing appointed by a Judicial Appointment the basic material required to understand Commission – would be able to rule on the current New Zealand constitution is and remedy any law inconsistent with both arduous and frustrating. the Constitution. The Treaty of Waitangi With this mindset – formed from Geoff Adlam is included in a non-amendable form. long careers as prominent constitutional lawyers – Sir Some socio-economic rights such as the Geoffrey Palmer and Dr Andrew Butler have set out to right to an adequate standard of living press for change with a book. Launched at Parliament on are recognised but made non-justiciable. 21 September, the book and an associated website (www. Parliamentary sovereignty takes a beating, constitutionaotearoa.org.nz) are the spearheads of a plan variously described as “an outdated doc- to engender public discussion and feedback. The authors trine” and a chimera. The rights protected want to collect comments and suggestions until the end by the New Zealand Bill of Rights Act 1990 of September 2017 when they will publish a revised ver- and the Human Rights Act 1993 are adopted sion along with their views on what should happen next. as a Bill of Rights, with additions. In a magazine for lawyers, it’s worth pointing out that ❝ And they The remainder of the book is a summary the book is intended “not for lawyers but for the public”. want us to of all of the essential elements which com- However, while other writings provide ample scope for bine to produce the draft constitution. These detailed analysis of the legal principles and foundations become the are organised into chapters, each of which of constitutional law, Sir Geoffrey and Dr Butler have pro- republic of focuses on a key component – a New Head duced a splendid example of how complex ideas can be of State, the Parliament, the Government, explained simply and interestingly but with subtlety where Aotearoa the Judiciary, through to Law-making and necessary. Lawyers who dimly recall Bribery Commissioner New Zealand the State of Aotearoa New Zealand. Each v Ranasinghe will find in this book a relevant, lively and begins with an outline of the most signifi- engaging exposition of the key issues surrounding our with a Head cant proposed changes before moving into country’s constitution. of State and a a logical and eminently readable account The book has a logical structure, stating its proposition of the current issues and how they could in the first two sentences: “We propose a written, codified prime minister be remedied. Constitution for New Zealand. That Constitution aims to elected by a The authors are, of course, very conscious set out in an accessible form and a single document the of what should or should not be included in fundamental rules and principles under which New Zealand four-year term a constitution. The 65,000 pages of statute is to be governed.” Parliament law and numerous other legal instruments After an exposition of the key reasons why they believe largely stand outside their goal of setting a codified constitution is necessary, the authors then repro- out “the principal institutions of the State duce their Constitution of Aotearoa New Zealand. This and lay[ing] down the main limits of the has 118 clauses and is published over 51 pages without State’s authority”. comment or notes. The Treaty of Waitangi in English and The detail and the proposed changes are, Māori is appended. of course, probably where attention will 26 Legal information Inside the law 23 September 2016 · LawTalk 897

Notable Quotes

❝ My theory is if they are the sorriest of the worst or the very worst, focus rather than on whether we should I got ‘em. Somebody’s got to defend – ‘defend’ is the wrong word actually have a written constitution. Sir – represent these people.” Geoffrey and Dr Butler are not the first to — Texas lawyer Jerry Guerinot, 71, gives ABC News a hint of why he may have propose and draft a New Zealand consti- lost every one of his 34 capital murder cases. Twenty one of his clients tution. However, in the highly competitive received the death penalty. Guerinot says he will no longer take these and frantic media world of today it is possi- cases as he is sick of being criticised. ble that the proposals such as a republic and removing the ability of the prime minister ❝ It was the fastest pass through I’ve ever had with biosecurity, but to call an early election will be the drivers then again, it should be that easy; it’s just a bag of dried herbs.” of discussion. Each would be debated long — Rebecca Reider tells the Sunday Star Times how she made it into New and hard if proposed individually. Zealand with an ounce of marijuana buds plus 20 grams of pure cannabis The people who have had input, accord- oil. Ms Reider was prescribed cannabis in Hawaii for her chronic pain. ing to the acknowledgements, largely include English academics at a Kings ❝ When the media develop a story line, that’s a ship like a cruise College, London seminar, and a group of liner. That’s very hard to turn around. They don’t like changing the academics from New Zealand. This scrutiny story line. And the story line on Duffy from Day One was corrupt, by a group of people who are probably greedy, fat, easily cartooned man.” in agreement on what we should have in — Canadian lawyer Donald Bayne outlines some of the pressure he faced our constitution will face a more severe from the media while successfully defending Senator Mike Duffy on 31 test when the ideas in the book emerge charges of fraud, breach of trust and bribery. into the world of talkback, a media seeking instant reaction without analysis, breakfast ❝ I’ve been a judge for a long time; I still don’t know what ‘tough TV, Twitter, intolerance and party political on crime’ means. I know it’s a mantra, but 99.9% of the citizenry discourse. want to be tough on crime. But when you talk to them, they also “Our principal aim has been to explain want to be compassionate in the right circumstances.” complex ideas in a simple and accessible — The Chief Justice of Canadian province Manitoba, Richard Scott, in a retire- way so that people can understand the ment interview. issues at stake and reach a view of them. Only in this way can people understand ❝ Whether his absence is based on absconding … or whether he was the constitution that is already theirs and taken and secreted against his will, or whether he experienced the develop a view on whether it needs reform,” miracle of rapture is unknown to counsel.” the authors state. — Part of a court statement filed by Kathryn Nester, lawyer for Mormon It seems clear that this objective has splinter group member and fugitive Lyle Jeffs, who is not objecting to a been attained. The clear and accessible trial proceeding in his absence. Jeffs and several others have been charged text effectively communicates the way in with fraudulently diverting food stamp money to their church. which we could create a guiding document of aspirations, values and national identity ❝ The Crown might actually have to work hard, might actually have which belongs to all New Zealanders. It to switch the light on and get the indictment going and have the is an important gift from two men who sentence dealt with.” have contributed much to the develop- — Queensland Supreme Court judge David Boddice expresses his frustration ment of our constitutional awareness and at lengthy delays in the state’s committal process. knowledge. A Constitution for Aotearoa New Zealand has given us a great launching pad ❝ THIS IS A REIFICATION OF THE VERBAL TRESPASSING STATED for change. The next steps will be fascinat- TO YOU, BY REPRESENTATIVES OF BASHFORD ANTIQUES LTD, ing to watch. ▪ ON THE 22 JUNE 2016.” — The opening sentence of an email sent by “MDA Organ MA [Hons] LLM A Constitution for Aotearoa New Zealand, [Hons]” to a person who had left a negative review of the Ponsonby business Victoria University Press, 978-1-776560-86-8, on Facebook. Paperback, 256 pages, $25 (GST included, delivery not included). ❝ In case anyone is unsure as to who will be our next #POTUS, the Lord has chosen the people’s messenger.” Geoff Adlamis the New Zealand Law Society’s — A tweet by Donald Trump’s lawyer Michael Cohen, alongside a photo of a Communications Manager. fluffy cloud which could possibly be imagined to resemble Mr Trump. 27 LawTalk 897 · 23 September 2016

At the research report launch, InfoTrack CEO Mr John Ahern said customer demand for better value, rapidly evolving technology, increased competition and the staff Most law firms believe demand for work-life balance were the key external factors impacting on Australian and New Zealand law firms. they’re innovative, but … “Interestingly, most respondents were critical of the legal profession’s response to these external drivers, saying the industry Most law firms in New Zealand and Australia Andrew Barnes said. was adapting to the changing legal land- rate themselves as innovative but there More than 60% of respondents said inno- scape only when necessary and certainly is little evidence to support this claim, vation was part of their strategic plan, yet not quickly enough – and this is backed according to the results of the 2016 ALPMA/ few have a dedicated innovation budget, up by other findings,” he said. InfoTrack Adapting to the Changing Legal have a proactive group responsible or give Only half (54%) of the respondents Landscape report. The report was released staff time scheduled for innovation. believe their firm has an effective blue- at the 2016 Australasian Legal Practice The research also highlights significant print for change. Management Association (ALPMA) Summit inconsistency with satisfaction on firm “To become truly innovative requires an in Melbourne on 9 September. innovation investment levels. While nearly overhaul of cultural DNA of most firms. The survey was open to all law firms in half of the survey respondents believe their This is not easy and not for everyone – so New Zealand and Australia from 1 to 24 July firm dedicates sufficient time, people and advance with caution,” Mr Barnes said. 2016. 163 law firms completed the survey: funds to innovation, one third of respond- The report found that most firms (78%) 19 from New Zealand, 95 from Australia and ents are unhappy with the level of inno- were satisfied with their culture. Despite 49 of unknown country of origin. vation investment at their firm. this, 57% are planning cultural change this 65% of survey respondents, across small, “There is pressure on partners and prac- year (rising to 87% of very large firms). medium and large firms believe their firm is tice managers to pursue innovation. They “Improved productivity, efficiency and innovative or very innovative, with only 6% can see the rewards for innovative projects profitability are the primary objectives of indicating they were not at all innovative. but ‘innovation’ is becoming an over-used these cultural change programmes,” he said. “There is a real discrepancy between how word to describe everything from culture Few were planning cultural change to innovative firms believe they are and what and processes to client delivery. support diversity, personal initiative or they are actually doing in terms of their “The question we need to really ask entrepreneurship. investment in innovation and in people, ourselves is ‘are we innovating or merely The full report is available at www.alpma. process and technology initiatives to drive adapting to changes thrust upon us?’” Mr com.au/Research/new-normal-legal-industry- their firm forward,” ALPMA President Barnes said. survey. ▪

Digital r/evolution

The world is changing at pace and the legal profession is chang- Steven Moe of Parry Field gives an inside guide to hacking your ing with it. In-house lawyers are having to find new and more external lawyer to obtain improved services. Tara Pryor of the efficient ways to deliver more for less. New Zealand Olympic Committee will share legal challenges The In-house Lawyers Association of New Zealand (ILANZ), in a rapidly evolving sporting and digital landscape and Adam the NZLS section for in-house lawyers, is hosting a series of mini Wood of Treasury will explore the innovative approach taken to conferences in October looking at how legal teams are rising to the social housing reform programme. this challenge using innovative solutions and digital technology. Michael Singleton of Christchurch International Airport will The scene will be set by leaders of mature or disruptive enter- explore ways in which our business environments are rapidly prises including Brian Roche of NZ Post, Simon Mackenzie of evolving digitally and the need for lawyers to adapt accordingly Vector and Steve O’Connor of Flick Electric. and Michelle Corse-Scott of Westpac Bank is speaking about the Melissa Anastasiou and Rodney Morris of Spark will look at re-engineering of the Westpac Bank legal function. digital disruption and what it means for in-house counsel; Matt All lawyers, in-house and external, are welcome to attend Farrington of NZTA explores digital transformation and creating a these mini conferences which may count towards four hours user story for the legal team; and Larissa Vaughan of Kiwibank will of your CPD requirements. Go to www.ilanz.org to learn more present on how agile contracting requires more agile lawyering. and to register. Anthea Herron of Kordia is speaking on cyber security and 28 23 September 2016 · LawTalk 897

would have to make an election whether he would take the weekly compo at 80% Superannuitants, beware of his pre-accident earnings or national super but he couldn’t have both. Although I knew over the years he had the ides of ACC law been involved in a number of ACC cases, he exploded. “What,” he said. “That can’t be right. You may unexpectedly find out National super is not means tested and I have to pay the ACC levy on my earnings. you are vulnerable In any case ACC weekly payments are to make up for my loss of earnings when I can’t work. They aren’t some sort of benefit By Don Rennie ❝ It is timely paid by the government.” to warn all He was furious and began mouthing off about a breach of the Bill of Rights Act I was talking to a barrister in a regional area who has lawyers of these and the Human Rights Act and even ILO recently reached the age which qualified him to receive provisions in the Convention 121 which would apply if he national superannuation. He was very happy with the had an accident while working. He said in system which allows him to continue receiving his not ACC legislation all the years he had been doing ACC cases inconsiderable income as well as national super and won- which can he had never come across this provision, dered how long this could last with the growing number which is hidden in clause 52 of Schedule of people reaching the super qualifying age. affect them if 1 of the Accident Compensation Act 2001. We chatted about his busy practice and his leisure activ- they already I told him he would be wasting his time ities which included deer stalking, duck shooting, golf and if he looked for guidance from material other exciting outdoor activities which he has indulged receiving, or are put out by the ACC, the Ministry of Social in for years. We talked about whether age should prevent about to qualify Development or the Commissioner for anyone from many of these outdoor activities and he said: Financial Capability or even the research “Thank God for ACC. If I have an accident I’ll be okay”. to receive, papers from PWC which all encourage I immediately disabused him and pointed out that national super superannuitants to keep working in retire- he could only get weekly compensation payments from ment without warning them of the prob- ACC as well as national super for 12 months. After that he lems that can arise if they have an accident. I told him the Law Society was taking the matter up with the Minister but I advised him not to hold his breath waiting for a favourable outcome. It is timely to warn all lawyers of these provisions in the ACC legislation which can affect them if they already receiving, or are about to qualify to receive, national super. They should also point these provisions out to any client who is on national super and is still working. These provisions are particularly important to bankers and others who lend to superannuitants who set up business or borrow money after they qualify for national super on the assumption that their super will always be available to meet expenses. ▪

Don Rennie is the convenor of the New Zealand Law Society’s ACC Committee. Mr Rennie has been involved in ACC since the days of its establishment and was a special consultant to FIND OUT MORE AT ILANZ.ORG the three commissioners who set up the ACC, established by the 1972 legislation. 29 LawTalk 897 · 23 September 2016

Facts The expert evidence established that immediately before his death, Pip suffered from Prosecuting recidivist the following conditions: ▪▪ Severe dental wear and malocclusion with teeth out of alignment, impaction of mate- animal welfare offenders rial between teeth, periodontal disease of the gums, rotting of the bone and dental decay. Some teeth had sharp points caus- By Anita Killeen ing lacerations to the cheeks and tongue. Pip would have suffered chronic pain from the cheek and tongue wounds, the peri- An 8-year prohibition against a recidivist animal welfare odontal disease, and the teeth decay. He offender from owning or exercising authority over animals would have been unable to eat properly has been upheld by the High Court and leave to appeal con- and unable to obtain adequate sustenance viction and sentence was dismissed by the Court of Appeal and death through starvation was inevi- in Power v Auckland SPCA [2016] NZCA 406 [26 August 2016]. table. Pip had not received dental main- Anne Power was convicted on one charge of ill-treat- tenance for a number of years and his ment of an animal under s 29(a) of the Animal Welfare dental pathology could not be attributed Act 1999 (the Act). solely to his advanced age. In 2013, Pip, a horse in Ms Power’s care, died ill-treated Anita Killeen ▪▪ Both lungs contained large areas of infec- and malnourished. tion resulting in inflammation, tissue Ms Power was sentenced to an 8-year animal disqualifi- destruction, fluid swelling, airway col- cation order (qualified so that she could retain ownership lapse and scarring. There was an abscess of a limited number of pets), and an order of reparations ❝ This article in the middle of the right lung and tip and costs. Ms Power has approximately 15 prior convictions ... highlights of the left lung. relating to animal welfare and control of animals dating ▪▪ Nasal lesions and pneumonia which from 1985 to 2016. the particular probably would have caused chronic The High Court decision (Power v Auckland SPCA [2016] challenges suffering. NZHC 888) is significant both for its denunciation and ▪▪ Chronic parasitical worm infestation of deterrence of recidivist animal welfare offenders and also animal welfare the stomach consistent with a prolonged for its emphasis on the protective purpose served by dis- organisations and high parasite burden. qualification and forfeiture of animals, particularly in cases ▪▪ Pip’s body showed him to have been in a such as this one, where the District Court held that Power face severely emaciated state with protruding had a delusory attitude about her ability to care for animals investigating hip bones, spine, ribs and a ewe neck, all and a longstanding proven inability to properly care for indicating severe muscle wastage due to and provide for large animals or to control dogs (Auckland and prosecuting a lack of sustenance. On a Body Condition SPCA v Power [2016] NZDC 1644 at [6]-[9]). recidivist Scoring of Horses (based on the Carroll This article reviews the High Court decision and highlights Huntington Method) Pip scored 0 on a the particular challenges animal welfare organisations face animal welfare scale of 0 to 5, 0 being the lowest possi- investigating and prosecuting recidivist animal welfare offenders ble score indicating the worst possible offenders. Special thanks go to John Billington QC, and condition for a living horse. to Joe Edwards, Jonathan Rea and the rest of the team at ▪▪ Pip had lost hair on all four fetlocks indi- Russell McVeagh who prosecuted this case on a pro bono cating that he had been standing in rain basis for the Auckland SPCA. or mud for an extended time, and had rain scald, a bacterial skin infection, along his spine; also caused by being wet for long periods of time.

conveymaestro cloud based conveyancing it. It’s the cloud based conveyancing ▪▪ There was no evidence of food in Pip’s stomach or small intestine indicating he software that’s got everyone talking had not eaten for 24 hours before his death. The expert evidence was that while all Pip’s conveyit Maestro is an automated cloud based conveyancing system designed by New Zealand Lawyers for New Zealand ailments may not have been obvious to a Lawyers Professionals and Conveyancers lay person, Pip’s overall very poor condition would have been. His dental, lung, nasal and stomach problems would have caused severe www.conveyit.co.nz 0508 33 22 88 to extreme suffering which would have been for a period of at least some months. 30 23 September 2016 · LawTalk 897

▲ The deceased gelding named Pip, which has very prominent and exposed back, hip and ribs.

the offending and Ms Power’s prior convic- Sentencing tion history and lack of remorse or insight, In sentencing Ms Power in the District Court (Auckland the sentence imposed was, if anything, SPCA v Power [2016] NZDC 1664), Judge Dawson observed: manifestly inadequate. For the SPCA, Mr “The paramount factor in sentencing you is the need to prevent Billington also emphasised that the pro- future cruelty to animals. I remain very concerned about tective purpose served by disqualification the delusory views you have as to your ability to properly and forfeiture was a driving consideration, care for animals. You have an ongoing history over many especially in the light of the District Court’s years of inadvertent cruelty to animals while believing that finding that the defendant had a delusory you properly care for them. You have also exhibited a lack attitude about her ability to care for ani- of co-operation with the SPCA and you have also exhibited mals. a lack of co-operation with this Court. … You also have a Justice Whata concluded the circum- longstanding proven inability to properly care for and provide John Billington QC stances of the offending and the offender for large animals, in particular for horse and cattle, and you meant the 8-year disqualification was not also have exhibited a lack of control over dogs. You have a obviously wrong. While the sentence was record of convictions of your behaviour and attitudes which harsh, the principles of deterrence and does not leave this Court having confidence in your properly protection were fully engaged in this case being able to care for animals in the future. I am of the view and the multiple prior convictions were an that restriction on your ability to own and control animals aggravating factor. Justice Whata noted: is necessary to prevent future cruelty to animals by you.” “The defendant does not appear to be able to objectively self-evaluate her capacity to Appeal care for a large number of animals. In short, Ms Power appealed the sentence on the grounds that it Ms Power presents a real risk of ongoing was disproportionate to the offending and the offender, harm to the animals under her control. and that the appellant’s conviction did not trigger the “Ms Power’s multiple prior convictions requirements of s 169 of the Act (which provides power are a significant factor, demanding addi- to disqualify people from having custody of animals), and Greg Reid, Chief Inspector, tional caution. I accept that the historic Auckland SPCA in any event, the offending was not so severe it would nature of some of the prior offending is a warrant a lengthy imposition of a disqualification across relevant consideration. But the clear policy a broad range of animals. of the Animal Welfare Act is that offending The SPCA submitted that given the circumstances of of this type, involving significant harm and 31 LawTalk 897 · 23 September 2016

cruelty to animals, whether intentional or otherwise, is to evidence of a psychological and neuro- be avoided, particularly where the circumstances of the ❝ Recidivist logical component in animal hoarding offending are unexceptional.” offenders and recidivist animal welfare offending “Recidivist offenders are typically the most challenging behaviour, which might involve dementia, ‘client’ that an SPCA inspector will deal with,” says Greg are typically obsessive-compulsive disorder, post-trau- Reid, Chief Inspector of the Auckland SPCA. the most matic stress disorder and attention-deficit “They typically resist the involvement of an inspector in hyperactivity disorder. Typically, experts their affairs, occasionally becoming quite obstructive. They challenging recommend a combination of cognitive often have delusional views around welfare standards for ‘client’ that behavioural therapy and psychopharma- animals, are in complete denial and in extreme cases will cological intervention. attempt to manipulate other people in order to secure sup- an SPCA Because of high recidivism rates, many port for their actions. Their refusal to co-operate and the inspector experts maintain that traditional means impact they have on animals typically results in complex and of punishment (such as fines and impris- lengthy litigation and occasionally this can also impact on the will deal onment) are insufficient on their own to welfare of animals that may be at the core of the situation. with combat hoarding. “While most experienced inspectors become conditioned The recidivism rate for animal hoarders to the often bizarre behaviour of recidivist animal abusers, is nearly 100% (based on statistics from the and the complex approaches required to address their offend- Humane Society of the United States), with ing, it is still a challenge to secure a timely resolution. The hoarders beginning to collect more animals Animal Welfare Act provides for convicted animal welfare almost immediately after being charged abusers to be disqualified from owning animals which is with hoarding or having their animals really the only outcome that can have an impact but mon- removed by animal control agencies (Lisa itoring recidivist offenders is a challenge, particularly for Avery, From Helping to Hoarding to Hurting: some offenders who will go to considerable lengths to stay When the Acts of “Good Samaritans” Become under the radar,” Mr Reid says. Felony Animal Cruelty, 39 Val. U, L. Rev. 815, “Anne Power is one of the worst recidivist offenders the (2005)). Auckland SPCA has had to deal with and this particular In order to reduce recidivism, experts prosecution has been an active file since 2013. advocate that courts ban convicted hoard- “Frankly if it were not for the amazing support and com- ers from contact with animals perma- mitment of our pro bono partners at Russell McVeagh and nently, or for as long as the law will allow. particularly John Billington QC we would simply be unable Furthermore, convicted animal hoarders to take on a case like this, which we knew at the very start should be sentenced to mandatory psy- would be argued to the bitter end. chological evaluation and treatment and “As this article goes to print, the Auckland SPCA is inves- that if a permanent ban is not imposed that tigating Anne Power for further alleged breaches of the they be restricted to owning a very small Animal Welfare Act relating to a number of animals.” number of animals. A lengthy probation “I am pleased to have been able to assist the SPCA,” Mr period, during which the hoarder must Billington says. “As a member of the Pro Bono Panel of agree to periodic, unannounced visits from Prosecutors for the SPCA Auckland it is a privilege to be animal control and social service agencies able to act for the SPCA but I could not have done it without to ensure compliance, is vital. the skill and massive time contribution of Joe Edwards and The Power case presents as a good his team at Russell McVeagh”. example of an animal welfare prosecution moving through the legal system over four Comment years, with appeals, a final positive outcome As I noted in issue 880 of LawTalk, there is increasing but with a new investigation already under way for alleged further offending. While the outcome of the most recent Power prosecution was one that the SPCA was pleased with, this type of offending is of concern to the animal welfare community and to society in general. ▪ Providing Professional Indemnity and specialist insurance products to the Legal Profession Anita Killeen is a barrister at Quay Chambers Visit www.justitia.co.nz for further information and application forms in Auckland. She is a Director of Auckland SPCA Or Contact: Mr Ross Meijer, Aon New Zealand and established and chairs the Pro Bono Panel of 04-819-4000 Prosecutors for SPCA Auckland. She is also an [email protected] international associate member of the American Bar Association Animal Law Committee. 32 23 September 2016 · LawTalk 897

Unfair contract law not working

The unfair contract terms law “is clearly of goods and services at any point, but occupant in order to continue their con- not working,” says Associate Professor still compelled consumers to pay termi- nection. That’s simply outrageous.” Alexandra Sims, head of commercial law nation fees and charges if they wanted The Commerce Commission has said that at Auckland University Business School. out following the changes – an unfair following its review energy retailers have, Associate Professor Sims was study lead term. Only 9% of businesses allowed the or will soon, amend their contracts. But it of a research project that put under the consumer to cancel the contract without shouldn’t take a review to make contracts spotlight the 2015 amendment to the Fair paying fees or charges. fair, Associate Professor Sims says. Trading Act, which was meant to make ▪▪ Some companies still state that they’re “These are some of New Zealand’s largest consumer contracts fair. not liable for any loss or damage arising businesses and should be complying with Under the amendment, contract terms are from their goods or services – another the law and not waiting until the regula- considered unfair in a contract between a unfair term and also a breach of the tor comes calling to suddenly act on their business and a consumer when they would Consumer Guarantees Act and the Fair desires to follow the law!” cause significant imbalance in the two par- Trading Act. Associate Professor Sims says the New ties’ rights and obligations, are not necessary “The unfair contract terms law is clearly not Zealand law needs to be fully brought in to protect a legitimate business interest and working,” Associate Professor Sims says. line with Australian law. would cause detriment to the consumer. “What’s more worrying, is that consum- In Australia, unlike New Zealand, both Researchers analysed 114 retail contracts ers cannot challenge unfair contract terms consumers and regulators can challenge over the summer of 2014/2015, and then – only the Commerce Commission can. And unfair contract terms, and consumers can revisited them in the summer of 2015/2016, unless an unfair term also breaches another do so in the Australian equivalent of the nine months after the law change came part of the Fair Trading Act or the Consumer Disputes Tribunals. into effect. They found: Guarantees Act, courts and tribunals are Another major difference is that in ▪▪ Before the law change, all the contracts actually obliged to enforce an unfair term Australia, but not New Zealand, fees and contained unfair contract terms – 1,225 against the consumer.” charges can be complained about. unfair terms in total (with the excep- The Commerce Commission has an ongo- “The Commerce Commission’s reviews tion of four contracts that were more ing project to review standard consumer are welcomed and the Commission is doing like delivery terms). contracts in various industries for unfair a really good job, but it simply does not ▪▪ After the law change, only 33% of con- terms. The two reviews completed so far, on have the resources to effectively police tracts had been changed to try to comply telecommunications and energy retailers, the Unfair Contract Terms Law. Even the with the new law. All contracts still con- found significant numbers of unfair terms reviews only look at a subset of companies tained at least one unfair term – 1,086 in contracts. in the sectors reviewed – fewer than half unfair terms in total. “The worst term I’ve seen comes out of in the telco one,” she says. ▪▪ Large companies were more likely to the energy retailer review,” says Professor “The law must be changed to allow con- have made changes (39%) compared to Sims. “One of the companies made cus- sumers to challenge unfair contract terms in small companies (27%). tomers who purchased a property with both the Disputes Tribunal and the courts, ▪▪ 56% of contracts gave businesses the free- an existing electricity installation liable to and to challenge fees and charges – as is dom to vary prices and/or the provision pay outstanding charges from the previous the case in Australia.” ▪ 33 LawTalk 897 · 23 September 2016

Construct initial keyword search terms This should be a combination of the terms I still haven’t found what I from individuals involved in the matter and the legal team. Test and sample the initial search am searching for terms Identify the hit counts for each search term. By Andrew King Have they produced the results you were seeking? What is being captured and what is being missed? Be aware of spelling mis- Keyword searching is a very common irrelevant to the exercise. Lawyers who have takes, or different words that may refer to method used in litigation or investigations reviewed documents based on keyword the same thing. The ability to quickly see the to target potentially relevant information, search terms will appreciate the frustration terms in their context is a powerful way to but it is easy to get it completely wrong. this can cause – adding needless time and analyse if the terms need further revision. The use of search terms is an approach expense to the discovery process. that many lawyers are familiar and com- Refine search terms fortable with. We all use keywords every Improving effectiveness Are there variables of the search terms that day through search engines like Google, Search terms can be an effective method should be run? This should be an iterative but search terms in eDiscovery might not of isolating important information, but it is process, including co-operating with the find what you are searching for. essential to invest time devising appropriate other side until all parties can agree on the Keyword search terms will not find what terms. Any approach should involve test- keywords that will be effective in locating you are looking for unless they are carefully ing, sampling and then potentially refining the information you require. crafted and refined if necessary. terms as required. These steps may assist in making a key- Engage specialist expertise Limitations word approach more effective. A trusted advisor can be invaluable in nav- Traditionally lawyers have turned to key- igating you through the search process, word search terms as an easy method to Talk to your custodians helping you and your client to save time cull documents to a smaller set, but many Use the knowledge of individuals involved and money. They can assist you to test are unaware of the limitations of keyword to identify any specific language, terminol- and sample the results, providing clarity search terms. ogy or abbreviations that may be specific of what the search terms may deliver and Keywords create a black or white sce- to the matter. suggest potential variations that help you nario – a document is either in or out, a doc- find what you are searching for. ument either contains the word or it doesn’t. Running search terms may reduce the volume of docu- ❝ Any approach When testing and sampling the results, it ments to review, but it could mean that crucial information should involve is important to: is missed if the keyword does not result in a “hit” in a ▪▪ ensure the keywords are comprehen- document. Alternatively the search terms may produce testing, sively searching all file types; irrelevant documents that may have different meanings sampling and ▪▪ be aware if one party has scanned paper to that intended. documents that are not 100% searchable then potentially – their search terms will not capture the Problem with method refining terms documents you are seeking; and The problem is not using a search term approach, but the ▪▪ provide hits for search terms and variable method in which they are applied. as required search terms. Is the software capable of Choosing effective search terms is not as simple as pre- running the searches you require? paring a list of words the lawyer thinks will help them Sampling search terms early in the pro- find the relevant documents. cess will be a considerable advantage to Like other aspects of preparing for a case, you need to substantiate your approach, as you seek understand what you are looking for, and often before you to agree a proportionate approach with look for it. Search terms are often developed too early in the other side. the process and then become entrenched in the discovery It is important to note that keyword order. They are usually based solely on the lawyer’s own search terms are just one of many options knowledge of the case, often without sighting documents to help lawyers get to the information they or testing/sampling the search terms. want. Other technology assisted review The problems escalate when the legal team begins its options (as I outlined in LawTalk Issue document review. Lawyers can end up spending their 835), may be more effective in getting to valuable time reviewing information that is completely the most important information quickly, 34 23 September 2016 · LawTalk 897

“I sometimes get roped in to assist with some litigation but it’s only infrequently now; generally as a result of an occasional court appointment or I’m asked to assist in Why NZ lawyers are a matter in some sort of independent role by the other lawyers involved,” he says. “I miss court work, but I realised early on comfortable with mediation that it’s not a great place for clients to be. So I’ve always had a focus on trying to get resolution for clients short of full litigation. New Zealand lawyers have always spent ❝ It is – in many “I accept that there are some risks with mediation in much more time in the “without prejudice respects – just relation to the development of the law. In particular I am world” than in the “court world”, according mindful of the argument that mediation can result in a to Wairarapa-based mediator Grant Allan. an extension lack of cases getting before the courts in terms of devel- This means, he says, lawyers in this of the way they opment of precedent. country have a strong and longstanding “I appreciate that this is a concern but I think that what’s practice of liaising with their colleagues via have worked happening in society at large usually makes sure that cases “without prejudice” discussions in order in the ‘without that will develop precedent actually do get determined to achieve pragmatic and common-sense by the courts. solutions for their clients. prejudice world’ “For example, the sheer numbers of family trusts in This is why New Zealand lawyers are for years New Zealand in recent years, extraordinary numbers generally so comfortable with mediation, really, means that while lots of disputes involving trusts as it is – in many respects – just an exten- are mediated and so never get to court, a good number sion of the way they have worked in the still do. As a result cases setting precedents in this field “without prejudice world” for years. are regularly being determined, which lawyers in medi- “A great many lawyers use mediation very effectively as a ation then factor into their assessments and how they forum for resolution to get good outcomes for their clients. go about things. “As a mediator, I am privileged to get to see lawyers “You see the same in other fields where social advances advancing the interests of their clients in a rounded or inventions generate a lot of new activity with the cor- manner,” Mr Allan says. ollary of a need to develop guidelines for behaviour when “This means I see them not just assessing and asserting disputes arise. their client’s legal position but also in relation to matters “I don’t see it as court versus mediation dichotomy. I that are idiosyncratic to the particular client. So it is not see the two as working together: just ‘litigation risk’ they consider but a whole range of per- ▪▪ with mediation enabling clients to be assisted in sorting sonal and practical aspects – which an approach focused out matters themselves consistent with the ‘without just on legal aspects simply cannot take into account. prejudice’ tradition which in turn assists in the courts “This involves multi-level advocacy, intellectual and not being swamped; but at the same time emotive, by lawyers in mediation – not just in relation to ▪▪ with the courts still being seized of cases where circum- the other side but also involves, as the saying goes, that… stances call for a court determination to be made that ‘often a lawyer’s best submissions are those made in private results in precedents which greatly assist resolution being to their own client’. achieved informally via ‘without prejudice’ negotiation “As a result, I get to hear some excellent advocacy, even whether directly between lawyers or via mediation. though the clients do not always appreciate just how good “It is not a case of either mediation or litigation. Both it is!” forums can and do work together in a symbiotic manner While Mr Allan still holds a practising certificate as a just as the worlds of ‘without prejudice’ negotiation and barrister, he is now a mediator almost the entire time. court determination always have,” Mr Allan says. ▪

I STILL HAVEN’T FOUND WHAT I AM SEARCHING FOR – CONTINUED cheaply and accurately. method of isolating important information, Andrew King is the founder and strategic advisor Irrespective of approach, when reviewing but they do need to be carefully crafted. If at E-Discovery Consulting (www.e-discovery. documents it is beneficial to use software they are not, then they will not find what co.nz), where he manages the entire discovery that enables you to group similar docu- you are searching for. process or provides independent advice on any ments together, to help increase the speed Investing the time devising appropriate aspect of it. He also organises New Zealand’s and accuracy of the review. search terms, involving testing, sampling Law & Technology Conference, which is being and potentially refining will give you a held again in Auckland in May 2017. Andrew Conclusion much better chance of finding what you can be contacted on 027 247 2011 or andrew. Keyword search terms can be an effective are searching for. ▪ [email protected]. 35 CPD Calendar

PROGRAMME PRESENTERS CONTENT WHERE WHEN BREAKFAST

LEGAL WORKFORCE Terri Mottershead Are you ready for 2025? In this breakfast session, Terri will Christchurch 27 Sep 2025: HOW ARE YOU draw on global trends and best practices in how firms (and Wellington 28 Sep FUTURE PROOFING YOUR other professional service providers) are approaching the Auckland 29 Sep FIRM? challenges of identifying, attracting, retaining and managing talent in the new normal. She will discuss, and encourage 1.5 CPD hours participants to share, what approaches are working and where some major challenges still prevail.

CIVIL LITIGATION

INTRODUCTION TO HIGH Nikki Pender This workshop is an excellent opportunity for recently Wellington 17-18 Oct COURT CIVIL LITIGATION Paul Radich QC admitted practitioners to develop practical skills in civil Christchurch 21-22 Nov SKILLS Pru Steven QC litigation in an intense small-group workshop. You will learn James Wilding how to handle a single file from beginning to end, be able 9 CPD hours to identify and understand the various steps in the process, develop the practical skills you need to handle this and a range of other litigation files, competently and confidently.

COMPANY, COMMERCIAL AND TAX

ISSUES IN Sarah Devoy This webinar will look at specific issues relating to Webinar TBA CANCELLATION Natalie Miller cancellation of commercial contracts and leases, including OF COMMERCIAL a discussion on recent case law in this area. It will assist CONTRACTS AND LEASES practitioners with drafting cancellation clauses /cancellation notices and when advising clients on cancellation. This 1.5 CPD hours webinar is based on an In Short seminar held on 23 August this year.

TAX CONFERENCE Chair: The annual NZLS CLE Tax Conference will offer business Auckland 13 Oct Lindsay McKay sessions focused on the most relevant tax developments 7 CPD hours and issues, designed to ensure you keep abreast of tax developments affecting your clients.

CRIMINAL

CRIMINAL LAW Chair: The ninth NZLS CLE Criminal Law Symposium is a must for Wellington 30 Sep SYMPOSIUM Justice Simon France all lawyers practising in the criminal courts and all those interested in recent criminal law developments. A range of 6.5 CPD hours excellent presenters will cover topics including case law updates, Evidence Act update, sentencing, and emerging Search and Surveillance Act jurisprudence.

EMPLOYMENT

EMPLOYMENT LAW Chair: Join us for this year’s conference where there will be Auckland 13-14 Oct CONFERENCE Peter Cullen new and evolving legal issues discussed extending your knowledge of contemporary thinking in employment law. 12.5 CPD hours And the opportunity to meet with old friends and make new ones – a time for both learning and pleasure.

ENVIRONMENT

ENVIRONMENTAL LAW Chair: Join us to be updated on the following: recent leading cases Christchurch 15 Nov INTENSIVE Dr Royden Somerville in environmental law; the proposed reforms involving the Auckland 16 Nov QC Resource Management Act 1991; the implications of the Live Web Stream 16 Nov 7 CPD hours hearing processes used for proposed policy and planning instruments in Auckland and Christchurch; the issues involving a collaborative planning process; the challenges involving the language of risk and what is appropriate expert evidence when proffering predictions about the future environment; and the development of the jurisprudence involving tikanga Māori and how to address evidence of Māori values in the Environment Court. These subjects will be examined by members of the judiciary and experienced practitioners.

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

PROGRAMME PRESENTERS CONTENT WHERE WHEN FAMILY

PPPR ACT – CHANGES Theresa Donnelly Amendments to the PPPR Act and the regulations are Christchurch 18 Oct AHEAD Annette Gray coming into effect. This practical seminar will address the Wellington 19 Oct Neil Williamson implications of these changes for practitioners, giving you Auckland 20 Oct 3 CPD hours a clear understanding of the reforms, as well as practical guidance when using the new forms. Webinar 19 Oct 2 CPD hours

INTRODUCTION TO John Adams This workshop will show you how to run a domestic violence/ Christchurch 31 Oct- FAMILY LAW ADVOCACY Usha Patel interim parenting case from go to whoa. Through precedents, 1 Nov PRACTICE videos, a book of materials, and performance critique, this course, recommended by the Legal Services Agency, is sound, Wellington 7-8 Nov Auckland 13 CPD hours participatory and proven. 14-15 Nov

PRACTICE & PROFESSIONAL SKILLS

STEPPING UP – Director: All lawyers wishing to practise on their own account whether Auckland 17-19 Nov FOUNDATION FOR Stuart Spicer alone, in partnership, in an incorporated practice or as a PRACTISING ON OWN barrister, will be required to complete this course. (Note: ACCOUNT From 1 October 2012 all lawyers applying to be barristers sole are required to complete Stepping Up). Developed with the 18.5 CPD hours support of the New Zealand Law Foundation.

TRUST ACCOUNT Philip Strang, plus To qualify as a trust account supervisor, you must complete Auckland 16 Nov SUPERVISOR TRAINING Niamh McMahon (AK) 40-55 hours’ preparation, attend the assessment day and pass Christchurch 23 Nov PROGRAMME Simon Price (CH) all assessments.

7.5 CPD hours

PERSUASIVE LEGAL John Adams Successful opinions are persuasive. This workshop will show Christchurch 4 Oct WRITING Simon Cunliffe you how to structure your document, manage tone, achieve Wellington 5 Oct Jane Hart maximum impact and avoid common writing faults and much Auckland 6 Oct 6.5 CPD hours more.

LEADERSHIP AND Lawrence Green The Leadership and Performance webinar introduces you Webinar 11 Oct PERFORMANCE to the key drivers of performance improvement to energise your people to give their very best, inspiring your team to go 1.5 CPD hours above and beyond their job descriptions to give their best efforts for the team and the organisation.

EVIDENCE AND TRIAL Chris Patterson This practical workshop covers the essential core skills of Christchurch 15 Oct PREPARATION every litigator and dispute resolution practitioner: collecting, Wellington 5 Nov organising and using evidence to best effect. Topics include Auckland 12 Nov 3 CPD hours case theory, effective trial preparation, and evidence, proof and factual analysis (EPF). Dunedin 26 Nov

LOGIC FOR LAWYERS Professor Douglas Lind Attend this workshop to learn a practical framework Wellington 10 Oct and gain specific analytical tools for working with legal Auckland 13 Oct 5 CPD hours arguments.

ADVANCED LOGIC FOR Professor Douglas Lind An advanced workshop designed for lawyers who have Wellington 11 Oct LAWYERS attended the Logic for Lawyers workshop.

5 CPD hours

More over page

To contact us | Visit: www.lawyerseducation.co.nz Email: [email protected] | Phone: CLE information on 0800 333 111. CPD Calendar

PROGRAMME PRESENTERS CONTENT WHERE WHEN PRACTICE & PROFESSIONAL SKILLS

UNDERSTANDING Virginia Goldblatt; Mediation knowledge and skills are an increasingly important Wellington 28-30 Oct MEDIATION – MEDIATION plus either adjunct to legal practice. Many more clients are taking disputes FOR LAWYERS PART A David Patten; OR to mediation (because it works) and the more that legal Geoff Sharp advisers know about how it works the better. In addition, 14.5 CPD hours practice as a mediator extends the service that lawyers can offer the public.

READING ACCOUNTS Lloyd Austin A workshop to enable you to unlock the mysteries of Hamilton 7-8 Nov AND BALANCE SHEETS financial documents, gain an insight into the world of Christchurch 9-10 Nov accounting and make you more effective and confident Wellington 14-15 Nov 7 CPD hours when advising your clients on financial matters. Auckland 16-17 Nov

MEDIATION FOR Denise Evans This workshop builds on the NZLS CLE workshop Mediation Auckland 25-27 Nov LAWYERS PART B – Virginia Goldblatt for Lawyers Part A which provided opportunity to CIVIL/COMMERCIAL AND Geoff Sharp understand the process of mediation and to learn to think FAMILY like a mediator – not a lawyer. It provides further opportunity to observe a civil mediation, to dissect it and to practise 15 CPD hours mediation skills.

IN SHORT - AUCKLAND

NEGOTIATING Professor Laurence Lawyers are exhorted to be interest-based and not positional Auckland 29 Sep POSITIONALLY AND Boulle in their negotiations and mediations. Yet ‘positions’ can MEDIATING ASTUTELY also be ‘interests’ and can be bargained over with aplomb - with necessary knowledge, suitable skills and appropriate 2 CPD hours attitudes. This presentation looks afresh at the art and science of negotiating and mediating.

TENANTED HOUSE OR Tim Jones ‘P’ contamination is now a real issue in New Zealand houses. Auckland 11 Oct “P-LAB”? Paul Parker This presentation will provide; top tips for preventing Lucy Smith and remedying problems in this area, signs to look for 2 CPD hours in a property, ‘P’ and renting, and how contamination affects houses and tenants. The presenters will share their experience with the Hobsonville Land Company who re- developed the former Hobsonville Air Base. In this capacity they acquired some 300 houses and rented many of these on the open market. Issues subsequently began to emerge with Methamphetamine contamination in some of these tenanted properties. This seminar follows on from a session presented at the Property Law Conference in June 2016.

To contact us | Visit: www.lawyerseducation.co.nz Email: [email protected] | Phone: CLE information on 0800 333 111. 23 September 2016 · LawTalk 897

stolen, the lawyer could only require the complainant to provide a receipt acknowl- edging the principal and interest being Lawyers reimbursed. “Anything more than that, requiring a full and final settlement and a declaration Complaints Service concerning independent legal advice, was to treat the complainant as a civil claimant and was a failure by the lawyers to properly independent legal advice or had chosen not discharge their professional responsibilities to take independent legal advice. to her as a victim of theft from their trust Professional account,” the committee said. Unconditionally entitled The committee said it viewed the matter responsibilities Ms A was dissatisfied about being required “seriously” and expressed its disapproval to sign the settlement terms when she of the manner in which Ms A’s entitlement must be considered that she was unconditionally to reimbursement had been dealt with. The entitled to the reimbursement payment. committee said it refrained from making honoured Firm B’s response to the committee’s an adverse finding in this case, however. inquiry was provided by a law firm that The committee considered the case war- When monies are stolen from a law firm’s had advised firm B. That firm stated that ranted a warning, and determined to take trust account, the lawyers have an “uncon- firm B made an offer to redress, and that it – no further action on the complaint. That ditional professional responsibility” to as the advising firm – and firm B’s insurers acknowledged that the lawyers were acting reimburse the money to the person it is had formulated the advice to firm B on the on advice, in good faith. held in trust for, the National Standards offer to settle. “It is apparent that the lawyers were Committee said. “We think we can say with total confi- influenced in this matter by the require- It was “improper” for a law firm to require dence that [firm B’s insurer] and indeed ments of their underwriter. a signed confirmation of acceptance in full all insurers would not pay claims without “While they may have felt they had little and final settlement and an acknowledge- obtaining a discharge. That is simply the option about that, as a matter of commercial ment that the person owed the funds had way insurance companies operate,” the law reality or expediency, the underwriters of sought independent legal advice or had firm advising firm B said. the legal profession cannot dictate the way elected not to do so, the committee said. Firm B’s letter to Ms A “included in which lawyers must honour their profes- The committee was considering a com- unqualified admissions of theft from the sional responsibilities,” the committee said. plaint from a Ms A about two partners in trust account,” the National Standards a law firm, firm B. The firm had acted for Committee’s decision states. Ms A and her husband in the past, but Ms “In light of those admissions, we consider A instructed other lawyers after the mar- that the lawyers had an unconditional pro- Lawyer fined for riage ended. fessional responsibility to reimburse the Firm B possessed funds belonging to the money to the complainant … failing to pay IRD parties at the time relationship property issues were resolved. Ms A understood that Improper requirement KiwiSaver and all the funds were distributed at that time. “It was improper for them to require a Then she learned through the news media signed confirmation of acceptance in full PAYE that a former staff member of firm B had and final settlement, and an acknowledge- stolen clients’ funds from firm B’s trust ment that she had sought independent legal A lawyer, C, who deducted KiwiSaver and account over a number of years. advice or had elected not to do so.” PAYE contributions from employees but Ms A asked the firm acting for her to To require clients or former clients who failed to send the money to Inland Revenue write to firm B asking for copies of the were victims of theft from a firm’s trust has been censured and fined $3,000 by a trust account records. Shortly after, firm B account to “make formal claims” is to lawyers standards committee. notified her of a reimbursement payment ignore their status as persons entitled to Two former employees of C complained to which she was entitled. That was her the protection of s 110 of the Lawyers and that he had deducted KiwiSaver contri- half-share of funds the firm admitted had Conveyances Act 2006. butions and PAYE from their pay but did been stolen from the trust account, plus It also ignores the protections recognised not pay the money to Inland Revenue. A interest. in “lawyers’ strict duties in the operation third former employee complained about Firm B asked Ms A to sign an agreement of trust accounts. PAYE deductions not being forwarded to to accept $1,132.50 (before resident with- “Such a requirement would tend to Inland Revenue. holding tax and including GST) in “full and undermine public confidence in the legal All three had approached C at different final settlement” of all claims against the profession. times and notified him that their PAYE firm or its insurers. It also asked Ms A to sign “Having admitted theft from the trust and KiwiSaver (in the case of two former that she acknowledged that she had taken account, and having quantified the amount employees) had Continued on next page... 39 LawTalk 897 · 23 September 2016

not been paid to Inland Revenue. his legal and professional obligations. In and he was a beneficiary under the estate. After attempting to resolve matters the committee’s view such was conduct “That conflict was exacerbated by the his- directly with C for some months, the that fell short of the standard of compe- tory of animosity between family members employees complained to the Lawyers tence and diligence that a member of the and the subsequent insolvency of the estate, Complaints Service. public is entitled to expect of a reasonably and compromised [C]’s ability to exercise C told the standards committee that he competent lawyer”. independent professional judgement. accepted responsibility for the matters the As well as the censure and fine, the com- former employees raised. He said that ini- mittee ordered C to apologise to each of Should not have acted tially he thought the problem was with the complainants individually and to rec- “[C] should not have accepted instructions Inland Revenue, but acknowledged that tify matters by providing all returns and from the trustees and executors and should some returns had not been sent. payments to Inland Revenue. C was also not have acted on estate matters or in the C advised that he was in discussion with ordered to pay $1,000 costs. sale of [Mrs B’s flat].” Inland Revenue to clear all PAYE and other After deferring a decision on compensa- The committee also found that C should employee deductions due. He was refinanc- tion, a further determination of the com- have advised the executors that they would ing his house and hoped to be in a position mittee found that C had made payments be acting unlawfully if they failed to execute to clear the debt as soon as possible. for compensation claimed, and considered the terms of the will and transfer Mrs B’s All three employees commented on C’s that a compensation order was not required flat to the beneficiaries. response. Two noted that there was no apol- in the circumstances. “Although [C] was acting on the execu- ogy and raised concerns over his prioriti- tors’ instructions, she should have known sation of funds. One noted a new vehicle that selling that property would defeat the and overseas trips by C’s wife. The other entitlement of [Ms A] and other beneficiar- noted C’s purchase of another law firm. Censure and fine ies and her conduct amounted to unsatis- Two noted that C had ample time to factory conduct.” investigate and rectify the issues, and of ‘manifestly The committee further found that C failed one noted that for six years before she left to advise the other beneficiaries, other the firm C had an accountant working for conflicted’ lawyer than Mr C, of their entitlement under the him whom he should have delegated the will or seek their agreement on steps to accounting to. upheld be taken. C also failed to provide infor- C’s letter did not address the lack of mation or account for the proceeds from KiwiSaver payments, one of the employ- A lawyer failed to realise the extent to the sale of Mrs B’s flat and was unable to ees said. which she was “manifestly conflicted”, provide the Lawyers Complaints Service One said she had engaged legal rep- justifying a lawyers standards commit- with relevant information, including dis- resentation to assist her with the large tee finding of unsatisfactory conduct, the tribution statements. That also amounted bill she was facing from Inland Revenue. LCRO has found. to unsatisfactory conduct. The standards committee noted that C After making the finding of unsatisfactory The committee declined to award Ms A advanced a number of factors for why the conduct, the standards committee censured compensation because she had commenced breaches happened. These included diffi- the lawyer, C, and fined her $10,000. District Court proceedings against the exec- culties arising from a change in tax number A Ms A complained to the New Zealand utors in which C was named as the third and a concession that C had simply lost Law Society concerning the administration defendant. control of filing due to pressure of work. of the estate of a Mrs B. “The committee acknowledged that these Ms A is one of the late Mrs B’ four daugh- factors may have made matters difficult for ters. C is the late Mrs B’s daughter-in-law [C], however this did not excuse the length and is married to Mr C, who is the late Failed to place of time it had taken for [C] to take action Mrs B’s son. to correct the breaches once he became Under Mrs B’s will, she appointed Mr C client funds on aware of them.” and an accountant as executors and trus- The committee considered that C tees. They instructed C to act on behalf of interest- bearing had breached various provisions of the the estate. KiwiSaver Act by deducting contributions Due to a dispute within the family con- deposit and failing to send them to Inland Revenue. cerning the late Mrs B’s funeral arrange- The committee found that constituted ments, C – in her capacity as the estate’s A lawyer, D, who failed to place client funds unsatisfactory conduct. solicitor – instructed a barrister to obtain on interest-bearing deposit has been fined The committee also considered that C had probate for the late Mrs B’s estate. Probate $7,000 by a lawyers standards committee. breached various provisions of the Income was granted. The issue arose when the New Zealand Tax Act by deducting PAYE and not paying The standards committee found that Law Society Inspectorate completed a it to Inland Revenue. The committee found there was a “serious conflict of interest” trust account review of the firm D was a that constituted unsatisfactory conduct. arising from the fact that C received instruc- director of. By both breaching the KiwiSaver Act and tions to act in the estate when one of the “The Inspectorate report indicated that the Income tax Act, C had “breached both trustees and executors was her husband there are five affected estates with average 40 23 September 2016 · LawTalk 897

account balances in the trust account of $237,000 over periods ranging from 13 to Coming up 20 months,” the committee noted. Section 114 of the Lawyers and Convey- ances Act 2006 (LCA) provides that it is a Women world leaders duty of practitioners to ensure that, wher- The Women World Changes Summit will be held in Melbourne on 10 October and ever practicable, all money held on behalf of Sydney on 12 October. The Summit will be spearheaded by Amal Clooney and is any person, related person, entity or incor- committed to driving dialogue focused on the importance of having more women porated firm earns interest for the benefit leaders in political, social and economic fields. See www.thegrowthfaculty.com. of that person (with some exceptions, such au/education-program/womenworldchangers/. as when the person instructs otherwise). D initially advised the Inspectorate that Art crime symposium he understood it was not possible to put The New Zealand Art Crime Research Trust is running a symposium, ArtCrime2016 monies held in the trust account on deposit at Wellington City Art Gallery on 15 October. See www.artcrime.nz. unless he had an Inland Revenue number for the person or entity concerned. He also Sports law conference said the trustees had “lacked enthusiasm” The 26th Australian and New Zealand Sports Law Association Conference will be to bring funds into the tax net. held at Te Papa, Wellington from 12 to 14 October. See http://anzsla.com/content/ D subsequently said the firm’s accountant annual-conference. had checked and it was possible to put funds on interest-bearing deposit without Future Firm Forum providing details of an IRD number. He also Future Firm Forum 2016 will be held on 14 and 15 October in Millbrook, Queenstown. said it would be appropriate for his firm to The forum convenor is Simon Tupman, a management consultant who is par- compensate clients for the loss. ticularly known for his work with lawyers and law firm executives. Seewww. “In the committee’s view, s 114 of the futurefirmforum.com. [LCA] is clear and there was an obligation on [D] to ensure that the money he held ABA fall meeting on behalf of various estates earned interest The American Bar Association Section of International Law 2016 Fall meeting will unless it is not reasonable or [is] impractical be held in Tokyo from 18 to 22 October. See www.ambar.org/ILFall2016. to do so,” the committee said. “In this instance, there was no reason Clarity Conference not to earn interest and [D]’s failure to do The 2016 conference of Clarity International – the worldwide association that so was in breach of s 114.” promotes plain legal language – will be held in Wellington from 3 to 5 November. The committee found unsatisfactory The conference theme is The Business of Clarity, and the keynote speakers include conduct on D’s part. Solicitor-General Una Jagose and retired High Court of Australia Judge Hon Michael As well as the fine, the committee Kirby. See www.clarity2016.org. ordered D to rectify, at his own expense, the omission by compensating each client Cyberlaw the amount of gross interest they would The International Conference on Cyberlaw, Cybercrime and Cyber Security will have been entitled to earn had the money be held in New Delhi on 17 and 18 November. The conference is being organised been placed on interest-bearing deposit by Cyberlaws.Net and Pavan Duggal Associates, Advocates, Supreme Court of at the outset. India. See http://cyberlawcybercrime.com/. D was also ordered to make trust accounting education part of his CPD planning for IPBA Conference the next year and undertake that training, The 27th IPBA Annual Meeting and Conference will be held in Auckland from 6 to and to pay $1,000 costs. 9 April 2017. See www.ipba2017.com/.

healthy Mind healthy Body healthy Practice lawsociety.org.nz/practising-well

41 LawTalk 897 · 23 September 2016

Martha Maata Dickson Would any lawyer holding a will for the above named, Robert Mitchell Malcolm maiden name Leef, late of 4 Station Road, Mataphihi, Would any lawyer holding a will for the above named, Tauranga, married, born in Te Puna, Tauranga in Wills late of Tokoroa, formerly of Onehunga, Auckland, 1931, who died at Otahuhu, Auckland on 14 January formerly Whangarei, born on 3 May 1969, who died 1983, please contact Maxine Taylor, Sharp Tudhope Bain, Peter Desmond on 22 July 2016, please contact Ann Gardner, Lawyers: Chen, Hui-Ling Barrister & Solicitor:  [email protected]  [email protected] Coe, Robert  07 928 0781  07 578 5133  09 438 9022  09 438 5302 Dalton, Carlyle Maree  PO Box 12020, Tauranga 3143  PO Box 952, Whangarei 0140 Dickson, Martha Maata Dickson Dickson, Niao Turiri Rikihana Niao Turiri Rikihana Dickson Sapati Maulio Would any lawyer holding a will for the above Edwards, Selwyn Cornwall Arama Would any lawyer holding a will for the above named, named, late of 4 Station Road, Mataphihi, Tauranga, Hall, William John Lewis late of 14 Aeroview Drive, Beach Haven, Auckland, Harbour Board worker, born at Matapihi, Tauranga Hitchcock, Ronald, who died on 18 July 2016, please contact Kirsty on 15 October 1932, who died at Hamilton on 10 Hourigan, Registered Legal Executive, Ross Hitchcock, Valerie Edith May 2008, please contact Maxine Taylor, Sharp Holmes Lawyers: Keenan, Linda Margaret Tudhope Lawyers:  [email protected] Malcolm, Robert Mitchell  [email protected]  09 415 0099  09 415 0098 Maulio, Sapati  07 928 0781  07 578 5133  PO Box 33 009, Takapuna, Auckland 0740  PO Box 12020, Tauranga 3143 Ngani, Teokotai DX BP66510 O’Hoy, Stephen David Selwyn Cornwall Arama Edwards Prika, Matthew Peter Teokotai Ngani Would any lawyer holding a will for the above named, Stainton, Pipiwai James Would any lawyer holding a will for the above named, late of 31 Tessmans Road, Kingaroy, Queensland, late of 2/1125 New North Road, Mt Albert, Auckland, Steigenberger, Johan George Australia, previously of Auckland and Lower Hutt, Supervisor, born on 20 October 1977 at Rarotonga, Sullivan, Peter Bernard New Zealand, who died in Australia on 7 May 2016 Cook Islands, who died on 20 August 2016, please Whittaker, Kathleen aged 65 years, please contact Grant Robinson of contact Julie Kane, Teei& Associates: Wroblenski, Dennis Robinson & Co:  [email protected]  09 837 3207  [email protected]  09 489 6468  09 837 3259  PO Box 21247, Henderson,  PO Box 31-410 Milford, Auckland 0741 Peter Desmond Bain Auckland 0650, DX DP92504 Would any lawyer holding a will for the above named, William John Lewis Hall late of 48 Hain Avenue, Mangere East, Auckland, who Would any lawyer holding a will for the above named, Stephen David O’Hoy died on 23 July 2016 at 54 years of age, please contact late of Taupo, Retired Gibstopper, who died at Taupo Would any lawyer holding a will for the above Kirsty Hourigan, Registered Legal Executive, on 24 August 2016, please contact Carolyn Wilson, named, late of 44A Taikata Road, Te Atatu Peninsula, Ross Holmes Lawyers: Malcolm Mounsey Clarke: Auckland, who died at Auckland on 2 September  [email protected]  [email protected] 2016, please contact Jan McNamara, Mac & Co  09 415 0099  09 415 0098  07 377 8464  07 377 8466 Lawyers Limited:  PO Box 33 009, Takapuna, Auckland 0740  PO Box 516, Taupo 3351, DX KP37071  [email protected] DX BP66510  09 970 5162 or 0274 286 416 Ronald Hitchcock  PO Box78-399, Grey Lynn, Auckland 1021 Hui-Ling Chen Would any lawyer particularly in the Auckland area, Would any lawyer holding a will for the above named, holding a will for the above named, formerly of Matthew Peter Prika late of 1 Denver Place, Hamilton, New Zealand who 1-35 Derrimore Height, Clover Park, Auckland, more Would any lawyer holding a will for the above named, died in Taiwan on 13 September 2012, please contact recently of Landsdowne Private Hospital, 105 Botany late of Chatham Islands, who died on 16 June 2014, Anthony J Nolan, Nolan & Lu Lawyers: Road, Botany Downs, Auckland, born on 2 November please contact Nicki Sowman, Malley & Co:  [email protected] 1932, please contact Nikki Berney, Public Trust:  [email protected]  07 834 0365  07 838 9244  [email protected]  03 363 6351  03 365 4613  PO Box 1268, Hamilton 3240, DX GP20038  04 978 4900  04 568 2236  PO Box 1202, Christchurch 8140  PO Box 31543, Wellington 5040, DX RP42041 Robert Coe Tipiwai James Stainton Would any lawyer holding a will for the above named, Valerie Edith Hitchcock Would any lawyer holding a will for the above named, late of Flat 12/320 Willis Street, Wellington, born Would any lawyer particularly in the Auckland area, late of 19 The Esplanade, Kauri Point, Katikati, Miner on 18 May 1956, who died on 12 March 2005, please holding a will for the above named, formerly of Operator, born in Mt Isa, Queensland, Australia on contact Katie McGruddy, Gault Bevan Law: 1-35 Derrimore Height, Clover Park, Auckland, more 19 December 1986, who died on 28 July 2016, please  [email protected] recently of Landsdowne Private Hospital, 105 Botany contact Maxine Taylor, Sharp Tudhope Lawyers:  04 238 2351  04 238 2352 Road, Botany Downs, Auckland, born on 22 October  [email protected]  PO Box 50796, Porirua 5240 1925, please contact Nikki Berney, Public Trust:  07 928 0781  07 578 5133 DX SP32518, Porirua  [email protected]  PO Box 12020, Tauranga 3143  04 978 4900  04 568 2236 Carlyle Maree Dalton  PO Box 31543, Wellington 5040, DX RP42041 Johan George Steigenberger Would any lawyer holding a will for the above named, Would any lawyer holding a will for the above named, late of Sydney, Australia, formerly of Christchurch Linda Margaret Keenan late of 4/36 McLeod Road, Henderson, Auckland and Auckland, born on 12 March 1980, who died on Would any lawyer holding a will for the above named, 0612, Retired, born on 13 May 1922, who died on 19 10 June 2016, please contact David Ehlers, Webb late of Masterton, born on 9 May 1960, who died September 2011, please contact Natasha Williams, Farry Lawyers: on 10 July 2016 at Masterton, please contact Kylie Public Trust:  [email protected] Moore, Belvedere Law:  [email protected]  03 477 1078  03 477 5754  [email protected]  027 202 7307  09 985 5525  09 836 9119  PO Box 5541, Dunedin 9058  PO Box 2009, Kuripuni, Masterton 5842  PO Box 21359, Henderson 0650 42 23 September 2016 · LawTalk 897

Peter Bernard Sullivan Kathleen Whittaker Dennis Wroblenski Would any lawyer holding a will for the above named, Would any lawyer holding a will for the above Would any lawyer holding a will for the above named, late of Te Awamutu, who died on 29 June 2016, please named, late of 23 King Street, Whangarei, Retired, late of 89 Holly Street, Avondale, Auckland, Retired contact David Mayall, Niemand Peebles Hoult: who died at Whangarei on 19 August 2016, please Carpenter, born on 4 August 1940, who died on 26  [email protected] contact Diane Holt, Thomson Wilson, Barristers August 2016, please contact Georgina Pauling,  07 959 1818  07 959 1817 & Solicitors: Haigh Lyon:  PO Box 1028, Hamilton 3204  [email protected]  [email protected]  09 430 4380  09 438 9473  09 306 0600  09 307 0353  PO Box 1042, Whangarei 0140  PO Box 119, Auckland 1140, DX CP19014 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 29 September 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.org.nz/for-lawyers/law-society-registry/applications-for-approval.

— Christine Schofield, Registry Manager

 [email protected]  04 463 2940  0800 22 30 30  04 463 2989

Admission Collis Ella Florencia Harvey Joshua Leaupepe Peter Milne Angus Comber Samuel Ashley Johnathan Henry Simaile II Christopher Andrews Under Part 3 of Cornthwaite Guy Edward Harvey Kayla Dawn Lee Grace Hyosun Milne Dominic Roy the Lawyers and (previously Hyosun) Conveyancers Act 2006 Cruz Fatima Shayne Hawksworth Milne Jessica Eve Regala (also known Sophie Louise Lee Joh Ane (also Moosa Mohammed Adil Alai Matthew Eddie-Joe known as Joanne) as Shayne Cruz, Hill David Warwick Moulton Ryan John Alexander Leila Elizabeth previously Catungal) Hodgkinson Lucy Gwen Li Lin (also known as Rosalind) Narayanan Kiren Alexander (previously Dempster Tamzin HoffmanSimon Aroha Rajagopalan Paget) Samantha Anita Kathleen Lim Soyeon Horvath Elizabeth Naz Zabbairiya (also Ashby Nicole Anne Dennis Joshua Adam Katherine Lim-Kwan Nicole known as Zabariah) Jourdane Ashley Jessica Catherine Dewar Katie Jean Hutchison Thomas Nelson Graham William Ashraf Haseeb Dhaliwal Nancy James Lindsay Timothy James Callaghan Ngamphaiboon Bank Aston Elizabeth Jane Kaur (previously Jacobi Hannah (previously Kumpranat) Prishvinjit Kaur) Lints Frances Barrett Ellie Regan Megan Cook Nixon Lachlan Dickinson Samuel Stewart Grace Basher Millicent May Jacobson Byron Michael Ogilvie David Callahan Frederick Samuel Lipski Jordan Matthew Beinart-Smollan Geoffrey Norling Olivia Lindsay Dixon Cory Michael Jakaria Mohammad Liu Zhaolu (also Bernhardt known as Lori) Nye-Wood Russell Dixon Luke William Golam Terrence Christopher Joel Lokotui Daniel Dobson Hugo Jens Kylie Jemma O’Brien Elizabeth Helen Bristow Peter John Alexander Daniell Mu’a-mo-Eiki Jensen Samuel James O’Connor Mary Agnes Brown Olivia Kate Domigan Ellen Kathleen Longbottom Benjamin Johnson Joshua Vance John Salisbury Orange Matthew Graeme Cai Shi Sheng (also Donohue Conor John known as Shismeng, Johnston Samuel Mark Low Fergus Harry George O’Regan Timothy Peter Eldridge Shannon Hotu Shoosh and Shis) Jones Jared Benjamin Lynskey Thomas Pang Yan Lun Entwistle Bethany Jayne Elijah Matthew Cardy Michael Kenneth William Robert Pashorina-Nichols Cartwright James Evans Charlotte Megan Kandarpa Abhiteja M Laura (previously Viktoriya Yurievna Charles Edward Farmer Kelsey Brooke Kara James Hayes Marta) (also Paterson Hannah Suzette Edward Scorey known as Laura M, Chalmers Karen Lee Farquhar Harriet Pemberton Shivana Mary Louise Kelly Sarah Jane MacLaren Laura, Chamberlain (previously and Hayes M) Nicole Laytham Resnick) Zachary Ross Finucane Michael Kim Elia Yonho Mackley Simon Ian Philcox Patricia Chan Ming Hei Dennis Marston Kristensen-Misa (also Stephanie MacLeod Cassandra- Cherrington Forrester Denise Ngawati known as Kristensen) Pidgeon Sophie Louise Amy Vittoria Jane Ellison Majka Pauline Foster Natalie Jayne Razak Rainaaz Natasha Kunniger Holly-Ann Manning Nina Alexandra Chetty Keshia France David Te Mattson Haydon Lester Reid Michaela Mary Aopehi Kara Kwan-Parsons Clapham Dominic McCole Samuel Thomas Rewi Vivian-Lee Swain James Grant Fuller Breanna Jane Inigo Benedict Lai Po Dik McKinney (previously Rijnberg Monique Diana Closey Shannon Emma Gresson Benjamin Brett Whiteside) Kathryn Lam Sandy Mee Yun Riley Milne Hayden Coleman Gabrielle Grewal Jasjit Singh McNaught Josephine Ann Therese Beatrice Lang Campbell Frederick Roberts Nicholas Grimmer Jordan Kane McPherson (previously Leith McNaughton Collett Jessica Crystal Le’Au Eseta Bartosova) Silvia Continued on next page...

43 LawTalk 897 · 23 September 2016 Law Society Registry Continued from previous page

Rolland Kimberley Freya Webb Sheridan April Russell Timothy John Welsh Roseanna Elizabeth Salisbury Benjamin John Weston Holly Malia Saunders Lucy Joy Whatnall Isaac George Savill Ryan Joshua Whiddett Judith Eleanor Schmidt Kari Petro Wichman Valentino Tefa’atau Schroder Alexander Wilkinson Nicholas Guy Thomas Emilio Wilson Nicholas Gray Schuster Nakhid Witcomb Cahill Louis Finbarr (previously Nakhid- Schuster) Alesano George Wong Nicholas Whye-Mun Scott Sarah Joy Woodhead Yvonne Phui Munn Scutter Susan Maree Wu Jimmy Chun-Min Sherlaw Anna Ngaire Wu Sally Zikui Siemonek Narissa Antonia Yang Jingjing (also Simpson David Welsley known as Jean) Simpson Karen Andraé Yang Lion (previously Li) Smith Christian Louis Peter Yen Vicky Meng-Chi Snaddon Myles James Lane Yeoh Angeline Bee Sen Stewart Kimberley Grace (previously Bee Sen) Strom Luke Cameron Yuan Luchan (also Sullivan Jack William known as Chrystal) Tam Wing Sang Winsome Zerjal Sascha Rose Tapsell Adam Te Zhang Jian Yun (also Kanawa Gray known as Betty) Te Au Samantha Kathleen Zhang Tingju (also known as Daisy) Thakker Sanjay Murray Zhang Yuqing (also Thakur Anuksha known as Iris) Thomson Stacey Jade Zhou Cong (also To Ka-Lee known as Tom) Tolich Lucia Anastasia Marita Zhou Melody Yiyin Townshend Mark Kieran (previously Yiyin) Patrick (also known as Chief Censor of Film and Literature Dravitski Mark Peter, Approval to Office of Film and Literature Townshend Mark Peter and Townshend Mark Kieran) Practise on Classification Travis Lucy Charlotte Own Account Tresidder Joseph Robert Hill Under s 30 of the Lawyers The Minister of Internal Affairs is seeking Tuimavave Faalagilagi and Conveyancers Act 2006 applications from suitably qualified candidates Vincent Tessa Jane Chen Zhu (also known to be considered for appointment as Chief Censor of Film and Wall Joshua Gregory as Margaret) Literature Classification. The Chief Censor is Chief Executive and Chairperson of the Board Wanniachchige Fonseka Joseph Justine Sarah Ann Thilanga Shyamajith of the Office of Film and Literature Classification – the independent Mcgill Campbell Watts Hinewhare Anastasia Crown entity responsible for classifying publications that may Moe (previously Hinewhare Singh Yashveen need to be restricted or banned in New Zealand. The Office is Anastasia Moe D’jane Syria) Wang Yue dealing with a changing operating environment, arising from the technology-driven convergence of the media, entertainment and telecommunications sectors. The Chief Censor has specific duties listed in the Films, Videos and Publications Classification Act 1993. These primarily relate to what publications may be submitted for classification by the Classification Office, and under what conditions. The role of Chief Litigation Lawyer Censor is full time and based in Wellington (New Zealand).

We are looking for a lawyer with some experience in either The successful applicant must be able to demonstrate: criminal, family or civil litigation. A lot of the work would · management ability at a Chief Executive level; be undertaken on Legal Aid and therefore preference will · the ability to develop and implement a strategic vision; be given to those applicants who already have provider · excellent relationship management skills; and status with Legal Aid. Supervision will be provided. · an understanding of censorship issues and legal processes.

For more details visit www.mainstreetlegal.co.nz. A full position description is available at www.jobs.govt.nz Written applications, with CV and referees, should be emailed to [email protected] or sent to PO Box 40457, Upper Hutt for the attention of John Gwilliam - Applications should be sent to: phone 04 527 9727. Judi Maddever, Policy Advisor, at [email protected] Department of Internal Affairs Closing date for applications is Friday 14 October PO Box 805, Wellington 6140, New Zealand 2016. All applications will be treated as confidential. Applications close 5.00pm, Friday 30 September 2016. 44 23 September 2016 · LawTalk 897

CROWN PROSECUTOR CHRISTCHURCH

Raymond, Donnelly and Co is the office of the Crown Like any big concept the idea of justice evolves as our society changes. What was normal 5 years’ ago may not be acceptable now. Solicitor for Christchurch and Greymouth, based in Christchurch. That’s why, at the Ministry of Justice we’re on a journey to redefine our relationship with New Zealanders. A vacancy has arisen for a Intermediate or Senior Crown Prosecutor. Senior Lawyer The role principally requires the conduct of jury trials Public Defence Service, Manukau and other litigation on behalf of the Crown. Vacancy 27737

We invite applications from lawyers with previous • Advance your legal career within a collegial environment • Develop your leadership skills criminal jury trial experience. • Commitment to your ongoing professional development Terms of employment to be negotiated which will The Public Defence Service is committed to providing reflect the experience and ability of the successful independent, high quality legal advice and representation in applicant. a full range of criminal cases, including providing professional leadership of the duty lawyer service. This is a great opportunity to provide high quality mentoring Applications accompanied by a CV should be sent and training and develop your experience and advance your by email to: [email protected] or by post to: the legal career within a collegial and supportive team environment. This role offers varied criminal work, including high profile and Partners, Raymond, Donnelly & Co, PO Box 533, challenging cases, High Court and Court of Appeal appearances. Christchurch by Friday 7th October 2016. You will report to a Deputy Public Defender and your enthusiasm and skills will contribute to the delivery of high quality defence services within the South Auckland region. You must be an experienced criminal litigator, with a PAL 3 or 4 approval level (or the ability to obtain this within a short time frame). You will have strong advocacy skills, be able to work in a team and relate well to people from diverse backgrounds. The key focus of this role requires that you are keen to lead and assist with the training, mentoring and supervision of junior PDS lawyers. You will be willing to assist the Deputy Public Defender with the full range of administrative and legal tasks that must be CORONER undertaken in running a busy criminal law practice. BASED AT DUNEDIN Duties: Applications are invited from persons wishing • Prepare and present in-house training for lawyers on legal issues to be considered for appointment as a Coroner • Coach and mentor other lawyers based at Dunedin. • Quality assurance - undertaking file reviews and court observations Coroners are appointed under section 103 of • Supervise other lawyers the Coroners Act 2006. That Act introduced • Appear in court (this role does not require you to manage a significant reforms to enhance public confidence trial caseload). in the integrity and independence of the coronial Skills and experience: system. • Qualified to practise law in New Zealand immediately • Hold Provider Approval Level 3 or 4 To be appointed as a coroner the Act requires • Strong advocacy skills that the appointee must have held a practising • Ability to work in a team certificate as a barrister or solicitor for at least five • Relate well to people from a diverse background. years. To apply, please go to the Ministry of Justice vacancies website A position description and application forms are apply.justice.govt.nz click on the position job title and follow the available from the Ministry of Justice website instructions. http://www.justice.govt.nz/about/statutory- Applications close on Sunday, 9 October 2016. vacancies/. Expressions of interest are sought by apply.justice.govt.nz Wednesday 14 October 2016. 45 LawTalk 897 · 23 September 2016

Lecturer/Senior Lecturer/Senior Lecturer/Associate Lecturer/Associate Professor/Professor Professor/Professor

Be part of New Zealand’s leading Be part of New Zealand’s leading university! university! The University of Auckland is New Zealand’s leading The University of Auckland is New Zealand’s leading university and one of the world’s major research university and one of the world’s major research universities. The Auckland Law School is ranked as one of universities. The Auckland Law School is ranked as one the best law schools in the world in the QS World University of the best law schools in the world in the QS World Rankings. It is the largest law school in New Zealand and University Rankings. It is the largest law school in has an international reputation for academic excellence. New Zealand and has an international reputation for Situated in the heart of the legal precinct, the Law School academic excellence. has strong links to the legal profession and the judiciary. The School aspires to provide a complete legal education, Situated in the heart of the legal precinct, the Law preparing students for legal practice as well as many other School has strong links to the legal profession and the careers in an internationalised world. Its thriving judiciary. The School aspires to provide a complete undergraduate and postgraduate programmes offer the legal education, preparing students for legal practice largest range of courses of any law faculty in New Zealand as well as many other careers in an internationalised and attract high calibre students. The School enjoys world. Its thriving undergraduate and postgraduate excellent international links. programmes offer the largest range of courses of any law faculty in New Zealand and attract high calibre The Auckland Law School invites applications for positions at any level from Lecturer to Professor, depending on the students. The School enjoys excellent international qualifications and experience of the successful applicant. links.

The successful applicant will be committed to undertaking The Auckland Law School invites applications for high quality research and research-informed teaching. All positions at any level from Lecturer to Professor, faculty members are expected to contribute to the depending on the qualifications and experience of the foundational courses and to develop and teach specialist successful applicant. elective courses. The Faculty of Law is seeking applicants The successful applicant will be committed to with interests and strengths in any areas of the law. It is particularly interested in applicants committed to teaching undertaking high quality research and research- and research in one or more of the following areas: informed teaching in Criminal Law. This will include Criminal Law, Torts, Land Law, Conflicts of Law, teaching on the compulsory second year course and International Commercial Law, Comparative Law, Pacific developing and teaching elective courses in associated Law, International Human Rights Law, Family Law, Local areas such as Criminal Procedure, Criminology, Government Law, Resource Management Law, Insolvency, International Criminal Law, and Youth Justice. The Finance and Securities Law, Banking Law, Intellectual successful applicant may also want to or be required to Property, Employment Law, Law and Economics, Law and teach other law courses. Society, Legal Ethics, Legal Method, Legal Writing, Dispute Resolution, and Advocacy. For further information see www.law.auckland.ac.nz or contact the Dean’s Executive Assistant via For further information see www.law.auckland.ac.nz [email protected] or Faculty of Law, or contact the Dean’s Executive Assistant via University of Auckland, Private Bag 92019, Auckland, [email protected] or Faculty of Law, University of New Zealand. Auckland, Private Bag 92019, Auckland, New Zealand. Applications close on Friday, 7 October 2016. Applications close Friday, 7 October 2016. For further information go to For further information and to apply online, go to www.auckland.ac.nz/uoa/home/about/opportunities. www.auckland.ac.nz/opportunities.

The University has an equity policy and welcomes The University has an equity policy and welcomes applications from all qualified persons. applications from all qualified persons.

The University is committed to meeting its obligations The University is committed to meeting its under the Treaty of Waitangi and achieving equity obligations under the Treaty of Waitangi and outcomes for staff and students. achieving equity outcomes for staff and students.

46 23 September 2016 · LawTalk 897

Joining DLA Piper New Zealand means you become part of a global powerhouse and the only global business law firm represented in NZ. The firm is well-known for its deep and broad experience in financial services, and its comprehensive property law credentials.

All applicants must have the following • A current New Zealand practising certificate (or be eligible to obtain one) • A strong academic record • A commitment to team culture • Excellent legal, analytical and interpersonal skills With increased workflows we are seeking high calibre lawyers for the following roles. Auckland Financial Services • Solicitor – 2-5 PQE Wellington Property • Intermediate Solicitor – 2-5 PQE

For a confidential discussion or a copy of the position descriptions please call Frieda Crawford on 021 870 206. Applications for these roles close on Friday, 11th October 2016 at 9am. Late applications will not be accepted. Please note that Clarity Consulting Group is the specialist legal recruitment agency retained to work exclusively on these roles.

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