ISSUE 939 · MAY 2020 Looking for transformational opportunities Chief Justice Dame Helen Winkelmann and Law Society President Tiana Epati discuss the COVID-19 lockdown and the courts Can we apply Salary Stumble – Clarifying the Balancing the Stockdale Low pay among law of price corrective justice Paradox to young legal fixing: Lodge and indeterminate today’s crisis? professionals and Real Estate Ltd regulator liability: its effects Strathboss Page 34 Page 41 Page 60 Page 64 You’re in good company with MAS. Katherine Reinhold The insurance, Lawyer and investment MAS Member and lending Experience provider to NZ MAS today at professionals. mas.co.nz Martelli McKegg welcomes Timothy Orr to the partnership. The partners of Martelli McKegg are delighted to welcome Timothy Orr to the partnership team. Timothy specialises in trusts, estates, property and commercial law. Clients appreciate Timothy’s level headed advice in matters where there are complex legal and relationship issues. He takes a practical approach to resolve their problems, ensuring that the guidance meets their needs, expectations and budget. Originally from Northern Ireland, Timothy previously worked in the UK and Kenya before coming to New Zealand. He has worked closely with various Ministries, the Law Commission and the Courts on a wide range of law reform issues, particularly those relating to trusts and property law. Timothy can be contacted by phone on DDI +64 9 300 7618 or email at [email protected] Phone: +64 9 379 7333 Fax: +64 9 309 4112 Web: martellimckegg.co.nz Address: Level 20, PwC Tower, 188 Quay Street, Auckland MM0209 Tim Orr Law Talk 180x130 28_04_20.indd 1 28/04/20 2:10 PM Legal research — let us do the hard work for you AUCKLAND High Court, Cnr Waterloo Quadrant & Parliament St TEL 09 304 1020 E [email protected] Mediator, arbitrator, investigator and advisor/consultant on legal and governance issues CHRISTCHURCH Justice & Emergency Services Precinct (B2 entrance) +64 274 978 438 TEL 03 377 1852 E [email protected] [email protected] www.toogoodqc.co.nz WELLINGTON High Court Building, Kate Sheppard Place entrance CHAMBERS TEL 04 473 6202 E [email protected] Level 1, General Buildings, 29-33 Shortland St, Auckland 1140 www.lawsociety.org.nz/law-library 289 06 · FROM THE LAW SOCIETY | PROFILE TE KĀHUI TURE 28 · From the Bat Cave to the Environmental Bar: Jenna 07 · A MESSAGE FROM THE Silcock ▹ BY ANGHARAD O'FLYNN SECRETARY FOR JUSTICE, ANDREW KIBBLEWHITE PRACTICE 32 · COVID-19: What are the lasting 08 · THE COURTS AND impacts? ▹ BY DAMIAN FUNNELL 6852 THE LOCKDOWN PRACTICE 14 · NEW ZEALAND LAW SOCIETY | 34 · Can we apply the Stockdale TE KĀHUI TURE O AOTEAROA Paradox to today’s PEOPLE crisis? ▹ BY PAUL SILLS 19 · On the Move PRACTICE PROFILE 36 · Nurturing your clients 24 · South Auckland’s Mormon ▹ BY ADRIENNE OLSEN defence lawyer: Panama PRACTICE Le’au’anae ▹ BY TEUILA FUATAI 38 · Pondering career paths PROFILE after the experience of 27 · The Innovators: Simon lockdown ▹ BY ANDREW DE Tupman ▹ BY ANDREW KING BOYETT AND JILL PITCHES 8895 PRACTICE 41 · Salary Stumble ▹ BY CRAIG STEPHEN the practice of law in New Zealand and represents News and Communications/LawTalk. 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Annual subscriptions in New Zealand 4 Contents PRACTISING WELL UPDATE – COMMERCIAL LAW 79 · LAWYERS COMPLAINTS SERVICE 44 · What's keeping you up at 60 · Clarifying the law of price LEGAL HISTORY night? ▹ BY RAEWYN NG fixing ▹ BY JOHN LAND 82 · Three Twentieth Century TALKING ABOUT MENTAL HEALTH UPDATE – TORTS Judges ▹ BY SIR IAN BARKER QC 46 · Financial Wellbeing 64 · Balancing corrective justice 90 · WILL NOTICES ▹ BY JACKI HOUTWIPPER and indeterminate regulator liability ▹ BY TIM SMITH 91 · CLASSIFIEDS ACCESS TO JUSTICE 50 · The new organisation for those UPDATE – AML/CFT 92 · CPD CALENDAR doing ‘uniquely challenging 68 · Crunch time for AML/CFT LIFESTYLE work’ ▹ BY ELIZABETH HALL AND regimes ▹ BY MARTY ROBINSON 94 · A New Zealand Legal CHRISTOPHER STEVENSON UPDATE – PROPERTY Crossword ▹ SET BY MĀYĀ ACCESS TO JUSTICE 72 · The New ADLS-REINZ LIFESTYLE 52 · CALD parties before the Agreement ▹ BY THOMAS GIBBONS 95 · Memphis: City of two Employment Relations UPDATE – PROPERTY Kings ▹ BY JOHN BISHOP Authority ▹ BY MAI CHEN 74 · Challenging a Tenancy Tribunal 98 · TAIL END ACCESS TO JUSTICE decision ▹ BY JOSHUA PIETRAS 56 · Conviction, sentencing and UPDATE – TRUSTS imprisonment of adults in 77 · Use of mediation under 2019 ▹ BY GEOFF ADLAM the new Trusts Act 2019 ▹ BY CAROLE SMITH are NZ$145 for 11 issues (GST and postage included). PEOPLE Overseas rates are available on request. FORMAT OF THIS ISSUE PRESIDENT Tiana Epati Actions taken because of the COVID-19 pandemic have VICE PRESIDENTS COMMUNICATIONS ADVISOR DESIGNER resulted in this being the second consecutive issue of Jacqueline Lethbridge (Auckland) (SOCIAL MEDIA) Sophie Melligan LawTalk which is not published in hardcopy. Instead, it is Herman Visagie (Central North Island) Jamie Dobson [email protected] available online and has been distributed by email and Arti Chand (Wellington) [email protected] through the Law Society's website. This issue retains the JUNIOR DESIGNER Frazer Barton (South Island) design and layout of the hardcopy version and we hope WEBMASTER Nina Gillanders that readers will find it as informative and useful to the CHIEF EXECUTIVE Miranda Kaye [email protected] practice of law as our past issues. Helen Morgan-Banda [email protected] ADVERTISING CONTACT DETAILS LAWTALK EDITOR DIGITAL CONTENT SPECIALIST Maria Pirela · 04 463 2905 Geoff Adlam · 04 463 2980 Angela Ludlow [email protected] PO Box 5041, Wellington 6140, New Zealand [email protected] [email protected] DX SP 20202 PRINTING AND DISTRIBUTION DIGITAL CONTENT EDITOR SENIOR DESIGNER Blue Star, Petone, Wellington Craig Stephen Andrew Jacombs ISSN 0114-989X (Print) [email protected] [email protected] ISSN 2382-0330 (Digital) 5 FROM THE LAW SOCIETY | TE KĀHUI TURE MAY 2020 · LAWTALK 939 From the Law Society: The art of adaptation first three, Working Effectively from As this issue of LAWTALK goes live, Home, Property Matters and Remote the COVID-19 Alert Level has been witnessing of Documents are now reduced to three. available to watch online. While this is positive news, we I was delighted when the Chief are far from a return to normal Justice, Dame Helen Winkelmann, with many restrictions still in and five other Heads of Bench place. This is another test of the agreed to my invitation to take part flexibility and adaptability the in a special webinar on 17 April and profession has shown since Level respond directly to your questions. 4 was announced on 25 March. It More than 2200 members of the requires us to continue to rethink profession logged in on the day. the way we do our mahi, and how We recognise the urgent need for we can continue to provide access on-going guidance, and we will have to justice despite constraints on more webinars to come. how we can deliver this. There’s no doubt the past six But firstly, I want to acknowledge weeks have been challenging and and thank the outgoing members not everyone has welcomed the of our Board: Andrew Logan and restrictions on how we operate. But Tim Jones for their guidance – and let’s not lose sight of the bigger pic- indeed their flexibility and adapt- ture. Firstly, these restrictions have ability – over the past four years, meant that to date, no-one has been particularly during this uniquely infected with COVID-19 as a result of challenging time. Tim and Andrew their involvement with the courts. will be staying on for the next six That goal remains as we shift to months as observers to assist with dealing with more court business.