ISSUE 912 · NOVEMBER 2017 Collaborative, Indispensable Legal Service Solicitor-General Una Jagose QC on her vision for the stewardship of Crown legal service Page 37 New NZLS UK reporting Is your email Lawyers Law Reform obligations may service do surf Committees affect NZ appropriate? Page 14 Page 24 Page 50 Page 76 SUCCESSFUL INNOVATION KEEPS EVOLVING Introducing Lexis Advance® Legal research simplified. Just as the first cars have changed — Lexis Advance has taken a leap forward over current online research. This next generation legal research solution is refreshingly intuitive and flexible. Using a single smart search box, Lexis Advance is designed with efficiency in mind — giving you back more time. There are always decisions on your online research platform, but only one choice: Lexis Advance. Talk to your Relationship Manager by calling 0800 800 986 or visit our website www.lexisnexis.co.nz/lexisadvance to request a demo and free trial. LexisNexis and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2017 LexisNexis NZ Limited. All rights reserved. NA102017CC 17NZCRS44 LawTalk Lexis Advance Advert.indd 1 19/10/2017 12:00 PM Clifton Chambers and Thomas More Chambers have joined forces in Wellington Clifton Chambers brings together experienced barristers with specialist skills in diverse areas of law and in mediation PETER CASTLE ANDREW IRWIN PAUL RADICH DAVID JANE MEARES commercial barrister Q c LAURENSON commercial barrister Q c and public law GREG ARTHUR GEOFF SHARP CRAIG KAREN RADICH ASHER EMANUEL barrister commercial LINKHORN employment law junior to clifton mediation barrister chambers www.cliftonchambers.co.nz You only need one tool to rebuild your house completely. We believe that accurately calculating the cost of rebuilding your house if it’s destroyed should be our risk not yours. This means you can rest easy knowing that you can rebuild your house to the fl oor area you provide us with. You work out the area, and provide us with some basic information about your property, and we’ll calculate the cost. It’s that easy.* To fi nd out more about MAS House insurance, email us today at [email protected] or call 0800 800 627. *Area replacement cover availability is subject to the MAS standard underwriting acceptance criteria at the time of application, and will not therefore be available in some circumstances. Where your house is damaged by a covered event, we’ll pay the reasonable costs to repair or rebuild the damaged parts of the house to a condition substantially the same as it was when it was new. If your property is a total loss, we’ll pay the reasonable costs to rebuild your house to the same fl oor area as is recorded in the policy schedule. Please see the full policy wordings which are available at mas.co.nz or by calling 0800 800 627. 96 People in the law 24 · New UK reporting obligations 7 · Human rights lawyer and how they may affect New vows to defend the Zealand ▹ BY HENRY BRANDTS- defenceless ▹ BY CRAIG STEPHEN GIESEN AND NICK BERESFORD 12 · The voices of 26 · More on the new Land Transfer history ▹ BY KATE GEENTY Act ▹ BY THOMAS GIBBONS 28 · Commerce Commission 14 · NZLS at a glance poised to ramp up enforcement of Fair Trading Update Act 1986 ‘unfair contract terms’ 18 · Broadcasting to the nation: provisions ▹ BY ALISAUNDRE VAN the public’s interest in Gareth AMMERS AND MADISON EDILSON 6846 Morgan and TOP? ▹ BY SALLY 30 · Good Faith in MCKECHNIE AND CHARLOTTE DOYLE franchising ▹ BY DEIRDRE WATSON 20 · Five month opt-in granted 32 · If it looks like a will, there’s a for leaky-building class way ▹ BY MCKENZIE ROGERS action ▹ BY STUART DALZELL 21 · Balancing contractual Mediation intention and legislative 33 · Changing the way we rights: The case of the argue. Part 2, Why go to peripatetic pilots ▹ BY REBECCA war? ▹ BY PAUL SILLS SCOTT AND INES SHENNAN 22 · Do we have a consistent In-house approach? Sexual experience 34 · The GPs of the Legal and reputation evidence World ▹ BY SIAN WINGATE in civil sexual harassment 37 · Collaborative, Indispensable 56v88 claims ▹ BY MARIA DEW Legal Service ▹ BY KATHERINE AND CHRISTINA LAING LANCASTER ABOUT LAWTALK SUBSCRIPTIONS AND CIRCULATION to [email protected]. Intending contributors of LawTalk is published monthly by the New Zealand Law Lawyers who want to access LawTalk online only may email articles and other input should contact the Managing Society for the New Zealand legal profession. It has been [email protected] stating “please cancel Editor in advance. The New Zealand Law Society reserves published since 1974 and available without charge to LawTalk hardcopy” and advising their name, lawyer ID the right to edit all material submitted for publication. every New Zealand-based lawyer who holds a current (lawyer login), workplace and address. This information NEW ZEALAND LAW SOCIETY practising certificate.LawTalk is also distributed to other is needed to ensure that names are extracted from the recipients involved in the justice system or the legal services automatic mailing list generation programme. The hardcopy The New Zealand Law Society was established in 1869. It industry. These include members of the judiciary, Law LawTalk subscription will then be cancelled. regulates the practice of law in New Zealand and represents Society associate members, legal executives, librarians, Non-lawyers and lawyers based outside New Zealand lawyers who choose to be members. The powers and academics, law students, Members of Parliament and may subscribe to LawTalk by emailing subscriptions@ functions of the Law Society are set out in the Lawyers government agencies. Lawyer numbers change over lawsociety.org.nz. Annual subscriptions may be purchased and Conveyancers Act 2006. As well as upholding the the year, but range from 13,000 upwards. Total LawTalk for NZ$145 (GST and postage included) for dispatch within fundamental obligations imposed on lawyers who provide circulation is normally around 13,400 copies. New Zealand, with rates on request for overseas. regulated services, the Law Society is required to assist Advertising inquiries should be directed to advertising@ and promote the reform of the law, for the purpose of SUBMISSION OF MATERIAL lawsociety.org.nz. The Law Society has a strict policy of upholding the rule of law and facilitating the administration not publishing articles in exchange for advertising. All contributions, letters and inquiries about submission of of justice in New Zealand. An online version of LawTalk is available on the New articles should be directed to the Managing Editor, LawTalk, ENVIRONMENTAL STATEMENT Zealand Law Society’s website at www.lawsociety.org.nz. A PO Box 5041, Wellington 6040 or [email protected]. link to the latest online LawTalk is emailed to all lawyers nz. Information on appointments and other changes in LawTalk is printed on Sumo Matte. This is an environmen- with a practising certificate each month after publication. the legal profession is welcomed and should be emailed tally responsible paper. Forestry Stewardship Council® 4 Contents Pro-bono Practice Courts 40 · Global links aid firm’s local 53 · The first 90 days in that coveted 64 · ‘Distributed Courts’: work ▹ BY CRAIG STEPHEN new job: How to hit the ground AVL in New Zealand’s running ▹ BY EMMA POTTS Courts ▹ BY JANE ADAMS AML/CFT 41 · Get ready for the Pathways in the law Legal Information change ▹ BY DAMON HERBERT 54 · Practising sports law 65 · Profound insights into 44 · The first step of AML/CFT in the professional early New Zealand compliance ▹ BY NEIL JEANS era ▹ BY NICK BUTCHER law ▹ REVIEWED BY JEREMY FINN Technology Focus on Classifieds 46 · Five things lawyers believe that 56 · Focus On Rotorua ▹ BY KATE 67 · Will notices are bullshit ▹ BY CLAUDIA KING GEENTY 68 · Legal Jobs 48 · Fixing Corporate 71 · NZLS CLE Ltd CPD Calendar IT ▹ BY DAMIAN FUNNELL The New Lawyer 49 · Tackling policy challenges of the 58 · Confessions of a recovering Lifestyle information age ▹ LYNDA HAGEN goal addict ▹ BY KATIE COWAN 74 · Panama and other hats and a 50 · Is your email service plug for a city that deserves appropriate for your 60 · Lawyers Complaints one ▹ BY RICHARD FLETCHER practice? ▹ BY DAMIAN FUNNELL Service 76 · Lawyers do surf ▹ BY NICK BUTCHER Innovation Practising Well 78 · Georgia Snapshot ▹ BY DAVID 52 · Larissa Vaughan: Head of Legal 62 · The life-savers that should be in JOSLAND Wealth and Digital Legal Lead, every workplace ▹ BY ANGHARAD Kiwibank and Kiwi Wealth O’FLYNN 82 · Tail-end CONTACT DETAILS (FSC®) certified, it is produced using Elemental Chlorine Free (ECF), Mixed Source pulp from Responsible Sources, and manufactured under the strict ISO14001 Environmental Management System. The 26 Waring Taylor Street, Wellington 6011 FSC® is an international non-profit, multi-stakeholder organisation 04 472 7837 [email protected] which promoted responsible management of the world’s forests. PO Box 5041, Wellington 6140, New Zealand, Angharad O’Flynn · 04 463 2902 FSC® certification is internationally recognised as the most or DS SP 20202. angharad.o’[email protected] rigorous environmental and social standard for responsible PRESIDENT Kathryn Beck SUB-EDITOR Craig Stephen forest management. The paper used to produce LawTalk meets BOARD 04 463 2982 · [email protected] FSC® requirements at all stages along the production cycle. Andrew Logan (South Island) SENIOR DESIGNER Andrew Jacombs The shrink wrap used for delivery of LawTalk is 27 micron Tiana Epati (Central North Island) 04 463