ISSUE 933 · OCTOBER 2019 Public Defence Service An important influence on criminal law practice Reflections on a Pro bono legal Red flags! Is your US lawyers, ground –breaking services support law office as judges and Feminist Moot Canterbury healthy as you civil rights Muslim think? community Page 19 Page 42 Page 51 Page 72 Need Research? Use us as your legal research provider The NZLS Library, legal research and document delivery service is fast, e cient and thorough. With our extensive resources we can provide comprehensive cost-e ective searches of case law and commentary both in New Zealand and internationally. 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A link to the latest online LawTalk is emailed to all international non-profit, multi-stakeholder organisation 4 Contents Alternative dispute Technology Legal history resolution 56 · New death notification service 69 · Legal nomenclature – 45 · Running a major relationship ▹ BY TRACEY CORMACK from prolix to trendy property arbitration 57 · Windows 7 ▹ DAMIAN FUNNELL ▹ BY SIR IAN BARKER QC ▹ BY ROBERT FISHER QC 71 · A big story to tell – US 46 · Reactive devaluation 59 Letters to the editor lawyers, judges and civil ▹ BY PAUL SILLS rights ▹ BY JOHN BISHOP Lawyers Complaints Practising Well Service Classifieds 48 · Being a supporter: a daughter’s 60 · Disciplinary charges against 74 · Will notices story ▹ BY CAROLYN RISK lawyers ▹ BY JUSTIN KLEINBAUM 76 · Legal Jobs 62 · Complaints decision summaries 77 · CPD Calendar Practice 51 · Red flags! Is your law office Legal information Lifestyle as healthy as you think? 66 · The Ethical Lawyer: Legal Ethics 80 · A New Zealand Legal ▹ BY EMILY MORROW and Professional Responsibility Crossword ▹ SET BY MĀYĀ by Richard Scragg ▹ REVIEWED 81 · Garrow’s Law Creating a just culture BY GARRY WILLIAMS ▹ BY CRAIG STEPHEN 54 · Are we doing enough? 68 · Recent legal books ▹ BY JAMIE DOBSON ▹ BY GEOFF ADLAM 82 · Tail end which promotes responsible management of the world’s forests. FSC certification is internationally recognised as PEOPLE the most rigorous environmental and social standard for responsible forest management. The paper used to PRESIDENT Tiana Epati DIGITAL CONTENT EDITOR SENIOR DESIGNER produce LawTalk meets FSC requirements at all stages Craig Stephen Andrew Jacombs VICE PRESIDENTS along the production cycle. 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EXECUTIVE DIRECTOR COMMUNICATIONS ADVISOR JUNIOR DESIGNER CONTACT DETAILS Helen Morgan-Banda (SOCIAL MEDIA) Nina Gillanders PO Box 5041, Wellington 6140, New Zealand Jamie Dobson [email protected] MANAGING EDITOR AND DX SP 20202 [email protected] COMMUNICATIONS MANAGER ADVERTISING Geoff Adlam · 04 463 2980 WEBMASTER Maria Pirela · 04 463 2905 ***** FPO ***** [email protected] Miranda Kaye [email protected] [email protected] Placeholder for SENIOR PRINTING AND DISTRIBUTION FSC Certificate COMMUNICATIONS ADVISOR DIGITAL CONTENT SPECIALIST Blue Star, Petone, Wellington PLEASE ***** FPO ***** Nick Butcher · 04 463 2910 Angela Ludlow ISSN 0114-989X (Print) RECYCLE [email protected] [email protected] ISSN 2382-0330 (Digital) 5 FROM THE LAW SOCIETY FROM THE LAW SOCIETY Law Society’s new project to improve access to justice The phrase “access to justice” features frequently on these pages, and in wider public debate. As a criminal defence lawyer, who has worked largely on legal aid in a small region with a high Māori population, my view of the concept goes far wider than simple access to the courts. However you look at it, the erosion of access to justice jeopardises a person’s ability to be heard, exercise their rights, challenge discrimination and hold decision-makers to account. Barriers to access to justice have always existed, but it is clear that these have increased over time, both in New Zealand and globally. The Law Society has an important role to play in breaking down those barriers and has been to remuneration rates, and understanding the demographic working for a number of years to improve access to justice factors which underlie the steadily decreasing numbers in a range of ways.