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I S S U E 9 2 8 · M ay 2 0 1 9
Finding a match
Could more be done to match lawyers
with the right pro bono clients?
Tania Sharkey The Arbitration The benefits of Retiring from
and the Pacific Amendment Act working flexibly practice
Lawyers 2019: Further for mental health
Association refinement and wellbeing
Page 22 Page 28 Page 50 Page 81
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9
New Zealand Law Society 32 · Competition law issues
6 · From the Law Society beneath the surface with
7 · New Zealand Law mergers ▹ BY JOHN LAND
Society in action 34 · An ‘earn-out’ tale revisited
▹ BY JOHN HORNER
People in the Law 36 · Better justice for people with
15 · On the move disabilities ▹ BY LYNDA HAGEN
68
52 22 · Tania Sharkey ▹ BY TEUILA FUATAI 37 · Update on restraint of
24 · The Innovators: Titus trade clauses in franchising
Rahiri ▹ BY ANDREW KING ▹ BY DEIRDRE WATSON
25 · Spreading the TLC 40 · The impact of risk
▹ BY ANGHARAD O'FLYNN and compliance on
cross border sales and
27 · Letters to the Editor franchising agreements
▹ BY STEWART GERMANN
Update 44 · Property transactions and
28 · The Arbitration Amendment technology ▹ BY THOMAS GIBBONS
Act 2019 ▹ BY JOHN WALTON
88
81
A B O U T L AW TA L K
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Contents
Alternative Dispute Access to Justice Classifieds
Resolution 61 · How well does pro bono 83 · Will notices
45 · Cognitive biases: challenging work in New Zealand? 84 · Legal Jobs
the way we think ▹ BY PAUL SILLS ▹ BY CRAIG STEPHEN 86 · CPD Calendar
68 · Aotearoa's future courts:
47 · Lawyers Complaints should online courts be our Lifestyle
Service future? ▹ BY BRIDGET IRVINE 89 · A New Zealand Legal
70 · The Right Track Crossword ▹ SET BY MĀYĀ
Practising Well ▹ BY NICK BUTCHER
52 · The benefits of working 72 · Some criminal justice outcomes 90 · Tail end
flexibly for mental health and in 2018 ▹ BY GEOFF ADLAM
wellbeing ▹ BY AMY PREBBLE
56 · Manage your energy Practice
▹ BY RAEWYN NG 76 · Survival of the healthiest
58 · Please make terrible art ▹ BY EMILY MORROW, ALLI
▹ BY KATIE COWAN MCARTHUR, AND PAUL STEELE
79 · Lawyers missing opportunity
to be thought leaders
▹ BY PETE BURDON
81 · Retiring from practice
▹ BY PETER MCMENAMIN
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C O N TA C T D E TA I L S
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N E W Z E A L A N D L AW S O C I E T Y M ay 2 0 1 9 · L AW TA L K 9 2 8 From the Law Society This issue of LawTalk marks the first month since I became President of the New Zealand Law Society, a Ethnicity plays a role in great honour and a great respon- bullying, with prevalence sibility. My first few weeks have levels higher among Māori, been intense, with the handover Pacific and Asian lawyers. ceremony with outgoing President About 25% of Pacific and 33% Kathryn Beck, chairing my first of Asian targets of bullying Board and Council meetings, and perceive this disturbing meetings with Ministers and senior behaviour to be motivated officials. by race and culture. I’ve had the opportunity to speak to, and meet with, law students and many members including giving confined to big law firms. They were at the forefront of and supportive around it as it builds speeches in Auckland, Wellington the news media coverage last year, but the Workplace a strategy and action plan by 30 and Hawke’s Bay, and at the High Environment Survey, done for the Law Society in May November 2019. Court swearing in of Justice Walker. 2018, demonstrated the issues are much more widespread. There are other ways we can I’ve also been preparing for It showed that 18% of lawyers (31% of women and support members. At our May the Culture and Systems Change 5% of men) have been sexually harassed, and 52% have meeting the Law Society Board Symposium on 14 May. This one-day experienced bullying. Sixty percent found their jobs very approved a nine-month trial of a event has been organised by the Law stressful, 44% felt they worked under unrealistic time free and confidential counselling Society’s Culture Change Taskforce. pressures and 29% felt major changes were needed to service available to all lawyers. As a legal community we are still their workplace culture. The programme – with a provider coming to terms with the events The prevalence of both forms of harassment is higher who we will announce soon – aims of 2018. Few of us would have among women, younger lawyers, and to a lesser extent to fill what has been a major gap imagined that on the eve our 150th law firm employees. Sexual harassment and bullying in support and assistance. Other anniversary, our profession would behaviours are more common among lawyers working supporting services and initiatives be contemplating a report on how in criminal law, and bullying is also more common in are also being developed, including to address unacceptable levels of family law. establishment of a national men- sexual harassment, bullying, dis- Ethnicity plays a role in bullying, with prevalence toring programme and a specialist crimination and other inappropriate levels higher among Māori, Pacific and Asian lawyers. Wellbeing Committee, as well as workplace behaviour. About 25% of Pacific and 33% of Asian targets of bullying improvements to the Wellbeing As Dame Sylvia Cartwright wrote in perceive this disturbing behaviour to be motivated by 360 online health assessment tool. her foreword to the Working Group’s race and culture. I went to a wonderful workshop report on these issues: “there remains My early discussion as President with Māori and on culture change this month much work to be done if the legal pro- Pacific lawyers have brought me joy and moments of and will leave you with a quote fession in New Zealand is to regain its deep reflection. The joy has come from seeing the light of from that which summarises my status as a trusted group, one which recognition and relief when I have shared my sometimes belief: “people create culture; and is ethical and devoted to serving the painful personal experiences of being a Samoan immigrant they can break it and recreate it public with integrity and honour”. in a predominantly Pakeha culture and profession. The too”. Culture change will happen Now we are through the eye of reflection has come from the stories shared with me that through many pathways and ini- the storm it may be tempting for bring the statistics to life. It is one thing to see the data, it tiatives, and it will only happen some members to put the events of is far more powerful to hear about people’s experiences. if everybody in our legal commu- 2018 behind them and take a ‘not in I will be taking these stories into the Culture Change nity commits to make change. If my backyard approach’, to culture Taskforce’s symposium, a day which will raise awareness everybody makes small changes, change. of the issues facing our legal community and provide big changes will happen. The most important message information and inspiration on what needs to happen to leave with you in this month’s to change our culture. The Culture Change Taskforce has Tiana Epati column is that this issue is not 20 members. It needs a bigger group that is energised President, New Zealand Law Society 6
L AW TA L K 9 2 8 · M ay 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
New Zealand Law
Society in action
Tiana Epati becomes 31st
elected Law Society President
Gisborne criminal defence lawyer
Tiana Epati took over as President
of the New Zealand Law Society on
10 April.
At 43 years old, Tiana Epati is one
of the youngest Presidents elected.
She is also the fourth woman to have
been elected since the first President
in 1897.
She is a partner with Gisborne law
firm Rishworth Wall & Mathieson.
Ms Epati was admitted as a barrister
and solicitor in September 2000
after graduating from Auckland
University with a Bachelor of Arts
in philosophy and history and a
Bachelor of Laws (LLB).
Ms Epati is the 31st elected
President and replaces Kathryn
Beck, who has completed her three-
year term.
“Kathryn did an incredible job,
leading the Law Society through ▴ Tiana Epati (third from right), Presidential Dinner, Te Papa
what has been a challenging time
- particularly last year which was an effective complaints regime to Other priority areas for Ms Epati
largely consumed by disturbing deal with, and deter, unacceptable include progressing the conversa-
allegations of inappropriate behaviour,” she says. tion around access to justice.
behaviour by some members of Another key priority is the deliv- “I want to see the Law Society
the legal community. She drove and ery of an action plan by the Law driving initiatives which support
fronted the Law Society’s work in Society’s Culture Change Taskforce changes to our justice system to
addressing these issues – sexual in November. ensure people who are affected
harassment and bullying. She has “This will be a blueprint for long by legal problems can access legal
been a truly inspirational leader,” term culture change within the assistance.
she says. legal community. The taskforce is a “Most, if not all, of us became
As new President Ms Epati says key player in developing a strategic lawyers to be of service to the
2019 is the year of delivery of several framework and action plan that will community, to do something good
workstreams already underway. support the creation and mainte- and to make a positive impact.
“We’ll be working on how to nance of healthy, safe, respectful, It’s a privilege to be a lawyer and
implement the recommendations and inclusive legal workplaces,” with that comes obligations and
of the Working Group led by Dame Ms Epati says. responsibilities. We take an oath to
Silvia Cartwright on our regula- Kathryn Beck is the chair of the be admitted into practice and we
tory system, to ensure we have Taskforce. need to remember that.”
7
N E W Z E A L A N D L AW S O C I E T Y M ay 2 0 1 9 · L AW TA L K 9 2 8
New Zealand Law New Vice-President,
Society Appoints New central North Island
Executive Director Herman Visagie has become Law Society Vice-President
(central North Island), replacing Tiana Epati. He was
The New Zealand Law Society has appointed Helen declared elected at the Council meeting as he was the
Morgan-Banda as its new Executive Director. only nominee for the position. He works as General
Her appointment followed a recruit- Counsel and Chief of Staff for TSB Bank in New
ment process to replace the Law Plymouth.
Society’s previous Executive Director, Born in South Africa, his family came to New Zealand
Christine Grice, who was appointed when he was nine and he grew up in south Otago. He
a Justice of the High Court of New obtained BCom and LLB degrees from the University
Zealand in December 2017. Mary of Otago. He worked in Wellington as an analyst for
Ollivier was acting Executive Director the Ministry for Economic Development from 2009 to
in the time between Justice Grice’s 2012, and was Associate Director – Policy with the New
departure and Ms Morgan-Banda’s Zealand Bankers Association from 2012 to 2014. Herman
appointment. moved to New Plymouth to work with TSB Bank and
Helen Morgan-Banda is an expe- was appointed to his current role in September 2018. He
rienced Chief Executive and joins has been involved with the in-house lawyers’ section
the Law Society after having led the ILANZ since 2016 and is a member of the Law Society’s
Royal New Zealand College of General Taranaki branch Council.
Practitioners from 2012 to late 2018.
In her role at the College she led a
transformation programme to develop its operational New Large Law Firm
capabilities. This centred on meeting the needs of its
members, delivering high-quality training and profes- representative
sional development as well as setting, and assessing
against, quality standards for general practice. Sarah Keene has replaced Laura O’Gorman as the rep-
In parallel she managed initiatives to enable the resentative of the Large Law Firms on the Law Society
College to better influence government policy, to intro- Council. Sarah is a partner with Russell McVeagh in
duce mandatory general practice quality assurance, and Auckland. She was admitted in September 1996 and
make significant improvements to the systems and became a partner in 2006. She specialises in competition,
infrastructure of the College. consumer and regulatory law and litigation and is also
The College has responsibility for training general co-chair of the firm’s Diversity Committee.
practice registrars and during her time at the College
the numbers of trainees, and government funding for
training, significantly increased.
Stakeholder engagement, and advocacy on behalf CPD declarations
of members and general practice, was a major focus
of the role. reach 97.8%
Earlier in her career Helen held senior roles in both
private and public sector organisations. She worked as The fifth year of mandatory Continuing Professional
a senior advisor in the Prime Minister’s office and held Development (CPD) ended on 31 March and most mem-
corporate affairs roles in New Zealand, Australasian and bers of the legal profession appear to have completed
global public and private sector organisations. their development programmes. All lawyers are required
Ms Morgan-Banda has been a Director on the boards to make a declaration that they have met their CPD
of two health information technology companies and requirements. This year 82.6% had made the declaration
was the Director of Communications and Marketing for by 31 March. Lawyers are given a further five working
a multinational IT corporate that provided services to days after that to declare compliance. Another 15.2% of
major Australasian businesses. lawyers made the declaration within the five working
In 2017 she completed the Leading Businesses into the days, meaning a total of 97.8% had declared compli-
Future Executive Programme at the London Business ance by the due date. This compared with 96.7% in the
School, having previously completed an MBA, with previous year.
distinction, from Massey University. All lawyers who have not declared compliance are
Her personal interests include spending time with followed up by the Law Society. The objective is to
her family, travel, outdoor activities and reading support all lawyers to meet their obligations under
widely. the Rules.
8
L AW TA L K 9 2 8 · M ay 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
Practising Well Everyone has the
initiatives announced right to a lawyer
The Law Society has announced three initiatives which Any time that a lawyer is criticised directly or indirectly
progress its commitment to ensuring that the New for defending someone is a regrettable attack on the rule
Zealand legal community has access to professional of law, the New Zealand Law Society has said.
support and assistance. “It is very disappointing to see the re-emergence of
Approval has been given for trial of a free and public comments which seem to infer that Green MP
confidential counselling service that will be avail- Golriz Ghahraman should regret having defended the
able to all lawyers. The service will offer two free Rwandan war criminal Simon Bikindi,” Law Society
counselling sessions (with the potential option of President Tiana Epati said in a statement.
an additional session). The Law Society is finalising “With two lawyers having been engaged by the person
details and more information about the service will accused of the Christchurch mosque killings, it is a good
be available shortly. time to point out that the justice system depends upon
Establishment of a Wellbeing Committee has been lawyers being available to defend anyone charged with
approved. The committee will consider referrals of a crime, no matter how disturbing it is.
instances where a practitioner has an ongoing health “It is a fundamental principle of our criminal justice
condition or impairment that may be impacting on their system that someone prosecuted for a crime must be
ability to practise. More information will be announced proven to have committed that crime. The defence lawyer
when this has been finalised. must put the prosecution to proving it to the satisfaction
Access to the Wellbeing 360 online health assessment of the court. Their personal view of their client’s guilt
tool has been improved. Lawyers are now able to enter a or innocence does not come into it.
code (lawsociety2019) and obtain immediate access to the “When someone implies that perhaps a lawyer should
tool. Lawyers who complete the Wellbeing 360 assess- not defend someone or should be ashamed, that is really
ment will receive a health score out of 100, a confidential questioning the foundation of the system of justice here
report on their health status, and tips and suggestions in New Zealand and internationally.
to point them in a healthy direction for the future. The “Our law requires lawyers to uphold the rule of law
Wellbeing 360 initiative is a partnership between its and to facilitate the administration of justice in New
developer Vitality Works and the Law Society. Further Zealand. Lawyers are required in accordance with the
details and access can be obtained from the Law Society oath they take to be available to act for anyone who
website in the section Practice Resources/Practising Well/ wants their services. Unless there is very good cause,
Vitality Works and the Law Society. they may not refuse to be instructed by a particular
client.
“The Rules of Conduct and Client Care which the Law
Law Society Society administers clearly state that the personal attrib-
utes of a prospective client and the merits of the matter
Council meets upon which a lawyer is consulted are not considered
good cause for refusing to act for that client.
The Law Society’s Council held its “New Zealand’s criminal lawyers are a dedicated group
bi-annual meeting in Wellington on of people who are an essential part of our justice system.
10 April. The Council consists of the Any attack or criticism of their motives is really an attack
President, four Vice-Presidents and on our fundamental values.”
the independent Board Observer,
a representative of each branch,
the chair/president of each Law
Society section (In-house Lawyers,
Family Law and Property Law), the
President of the New Zealand Bar
Association and a representative
of the Large Firm Corporation.
Representatives of Te Hunga
Rōia Māori o Aotearoa and the
New Zealand Institute of Legal
Executives attended as observers
and the President and CEO of the
Law Council of Australia were pres-
ent as special guests.
9
M ay 2 0 1 9 · L AW TA L K 9 2 8
Law Society submits on Use of DNA
in criminal
Arms Amendment bill investigations
changes needed
Swift action to remedy the imme- public input and debate means
diate obvious defects in the Arms key stakeholders are unable to The Law Society agrees with the
Act 1983 after the Christchurch provide legitimate perspectives Law Commission that a new Act
mosque attacks by the introduction and information and evidence that is needed to replace the Criminal
of the Arms (Prohibited Firearms, may be highly relevant to the bill. Invesigations (Bodily Samples) Act
Magazines and Parts) Amendment And, inadvertent drafting errors 1995.
Bill was appropriate, New Zealand and unintended consequences may In a submission on the
Law Society President Tiana Epati result from rushed drafting.” Commission’s Issues Paper, The
said. Ms Epati told the committee that Use of DNA in Criminal Investigations,
However, the Law Society con- the Law Society agreed with the the Law Society says it agrees with
sidered that this could have been Minister of Justice that the Arms the Commission that the use of
achieved while still allowing a more Act 1983 was clearly not fit for pur- DNA in criminal investigations has
realistic – but still short – period pose and was in need of wholesale outstripped the statutory scheme,
for public input, Ms Epati told the revision. with the result that the current
Finance and Expenditure select “The government has indicated system does not provide consistent
committee. that a second tranche of substan- or thorough safeguards.
The Law Society was one of a tive amendments in the form of a “Practices in this area are there-
number of submitters to the com- second amendment bill will follow fore currently driven by law enforce-
mittee in Wellington on the day set later this year. It is imperative that ment objectives and opportunities
aside for hearing submissions. Ms the development and scrutiny of the rather than public, broadly informed
Epati began by paying tribute to second bill is done in a systematic and balanced debate.”
the outstanding work of the New way with adequate time for public It says the Law Commission has
Zealand Police in their response to input.” an appropriate goal of legislation
the tragic events. The Crown Law Office had advised with a clear purpose that has been
“We appreciate the need for the Attorney-General that the bill robustly tested, is certain and flexi-
a swift legislative response but appeared to be consistent with the ble for the future and appropriately
believe that this could have been New Zealand Bill of Rights Act 1990. comprehensive and effective for
achieved while still allowing an ade- However, Ms Epati said, that advice that purpose within the context of
quate period – such as five working did not address the extension of the the wider criminal justice system.
days – for public input,” she said. reverse onus of proof in section 66 However, this has potentially con-
“That would have allowed for to the three new offences of unlaw- flicting elements, some of which
better public understanding and ful possession. tend towards a prescriptive and
buy-in, as well as better quality – “This may be an oversight, since exclusive regulatory regime while
and more enduring – legislation.” the Departmental Disclosure others tend against prescription. It
Ms Epati said the Law Society did Statement specifically identifies is important to find a solution that
not in any way intend to undermine these new possession offences as reflects New Zealand needs, while
or diminish recognition of the efforts a source of human rights concerns.” achieving the right balance between
of those involved. The Bill of Rights Act was engaged the different objectives.
“However, in circumstances by these new offences because the The Law Society says as the Issues
such as these we emphasise the reverse onus of proof in section 66 Paper points out, there is a need
importance of proper democratic applies, she said. It was important for independently set and audited
processes, including adequate that Crown Law’s advice was controls and for ongoing monitoring
time for public and select com- reviewed in relation to this. of procedural compliance, fairness,
mittee scrutiny of significant new The Law Society also pinpointed proportionality and efficacy. It sup-
legislation.” seven technical questions which ports the introduction of a small
She said there were risks of leg- relate to the drafting of the bill. independent multi-disciplinary
islating with haste. It said if there was time it may be panel as the most appropriate form
“The lack of opportunity for helpful for officials to consider these. of oversight body.
10L AW TA L K 9 2 8 · M ay 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
Law Society opposes
new Brunei laws
A Law Society statement has expressed total opposition to
implementation of a new penal code by Brunei on 3 April.
The new code imposed the death penalty for a number
of offences, including death by stoning for adultery and
gay sex. Public flogging was also introduced as pun-
ishment for abortion, as well as amputation for theft.
The Law Society strongly urged Brunei authorities to
reconsider their decision.
“There has been justified condemnation worldwide
for Brunei’s stated decision to introduce a number of Law Society releases
inhumane laws,” the convenor of the Law Society’s Rule
of Law Committee, Austin Forbes QC, said. video of new President
“This would be a serious setback for human rights for
the people of Brunei. We join with the United Nations, In a first, the New Zealand Law Society released a video
many countries, organisations, communities and indi- in April to introduce the new President, Tiana Epati. The
viduals in totally opposing and condemning these cruel 3 minute 22 second video was produced for the Law
and unjust laws.” Society by video production company Chillbox Creative
and features Tiana sharing her vision for the legal
community. It has proved very popular and had been
Crown pastoral land proposals viewed over 3,300 times in the first fortnight after its
could lead to duplication release. The video can be viewed at lawsociety.org.nz/
News-and-Communications/News/Meet-Tiana-Epati
Proposals for changes to the management of Crown
pastoral land could result in unnecessary and inefficient
regulatory duplication, the Law Society has said. Clarity sought for internet
Commenting on a Land Information New Zealand site blocking powers where
discussion document on the proposed changes, the copyright infringement
Law Society says it appears a dual regulatory regime
is proposed, under the Crown Pastoral Land Act and There are possible legal arguments under the Copyright
the Resource Management Act 1991. However, it is not Act 1994 and the courts’ inherent jurisdiction that a
clear that the potential for unnecessary duplication of New Zealand copyright owner can seek an internet
an inconsistency with the existing RMA regime has been site blocking injunction where an ISP is being put on
adequately explored. notice that its services are being used to illegally upload/
“It is not clear why a dual regulatory regime for con- download or stream copyright infringing content, the
sents under both Acts is needed in relation to Crown Law Society has said.
pastoral land. The RMA applies to all land use regardless In comments on MBIE’s issues paper on Review of the
of how it is owned, and the discussion document does Copyright Act 1994, the Law Society says there have been
not explain why the effects of the use of Crown pastoral no cases yet in New Zealand to test the arguments. It
land cannot be managed under the RMA alone.” notes that many other countries have implemented stat-
The Law Society says if regulatory gaps need to be utory provisions under which site blocking injunctions
addressed, it would have been helpful for the discussion can be sought against ISPs either through the courts or
document to have examined the mechanisms currently through administrative bodies. This includes 16 European
available in the RMA. countries, 10 in Asia Pacific – including Australia – and
“Providing direction through the appropriate mecha- five in South America.
nisms in the RMA, rather than establishing a new con- The Law Society says there is now an opportunity to
sent process for pastoral lessees, might ensure that the deal with the matter by legislation in the new or updated
objectives in managing Crown pastoral land are achieved Copyright Act. It says there should be active considera-
without unnecessary duplication or inconsistency with tion of a statutory provision to allow the implementation
the existing RMA regime.” of site blocking injunctions in New Zealand.
11N E W Z E A L A N D L AW S O C I E T Y M ay 2 0 1 9 · L AW TA L K 9 2 8
Oranga Tamariki Chief Expansion of Labour Inspector
Executive youth advocate powers more than a regulatory fix
appointments approved
Proposed changes in the Regulatory Systems (Workforce)
The Law Society’s Board has approved the Chief Amendment Bill (No 2) which expand the powers of
Executive of Oranga Tamariki/Ministry for Children (or Labour Inspectors could be considered substantive and
his/her appropriately authorised delegate/nominee) as more than merely a “regulatory fix”, the Law Society has
an approved “body, officer, or person” for direct instruc- said in a submission on the bill.
tion of barristers for the purposes of rules 14.5.1(h) and It notes that the bill is an omnibus bill which makes
14.6 of the Conduct and Client Care Rules. The Board small regulatory changes to various Acts. However,
granted the approval on the basis that the approval is it questions the proposed changes to the powers of
for the appointment of youth advocates only and the Labour Inspectors for investigating whether a person
appointments are made from the Youth Advocates lists is an “employee” or a place is a “workplace”.
maintained by the Court Services Manager of each Youth Expanding their powers to include investigating
Court (made following the Appointment and Review whether any person performing work is an employee
Procedure for Youth Advocates issued by the Principal will clarify current uncertainty. However, it is a substan-
Youth Court Judge) and on the same basis as current tial change for a Labour Inspector to also proactively
Youth Advocate appointments made by the Youth Court. investigate whether any place is a workplace, and the
purpose of the change is unclear.
Rob Goldsbury elected president The Law Society recommends reducing the scope of
of Whanganui branch the new provisions if they are to remain in a Regulatory
Systems Bill.
In-house lawyer Rob Goldsbury was elected president
of the Law Society’s Whanganui branch at the AGM on
8 March. Mr Goldsbury was admitted as a barrister and Kent Arnott re-elected
solicitor in February 1980. He is legal counsel for the Marlborough branch President
Whanganui District Council. He takes over as president
from Mark Bullock. Blenheim barrister Kent Arnott has been re-elected
The following branch Council was elected: President of the Marlborough branch of the New Zealand
President: Rob Goldsbury. Law Society.
Vice-President: Chris Wilkinson-Smith. Mr Arnott works in general litigation, with a focus on
Council: Samantha Bills, Megan Christie, Kathryn criminal, employment and relationship property matters.
Crooks, James Gilbert, Beverley Pearce, Scott Oliver, He was admitted to the bar in 2008 and has lived and
Nicola Refoy-Butler. practised in Blenheim since.
The following branch Council was elected at the AGM
David Ure re-elected on 26 March 2019:
Gisborne branch President President: Kent Arnott.
Vice-President: Laurie Murdoch.
David Ure was re-elected president of the Law Society’s Council: Savannah Carter, Tom Dobbs, Autumn Faulkner,
Gisborne branch at the branch’s annual meeting. Mr Ure Nick McKessar, Dharshini Ramanathan.
is a director of Grey Street Legal Ltd, which specialises
in property and commercial law. He was admitted as a Janet Copeland elected
barrister and solicitor in December 2002. The following president of Southland branch
Council was elected at the AGM:
President: David Ure. Invercargill employment law specialist Janet Copeland
Vice-President: AJ Baker. has been elected President of the Southland branch of
Council: Alison Bendall, Alistair Clarke, Heather Vaughn, the Law Society. Ms Copeland is managing partner of
Holly Tunstall, Julie Mettrick, Mana Taumaunu, Manaaki Copeland Ashcroft Law. After graduating from Otago
Terekia, Michael Gordon, Raewyn Tretheway, Vicki Thorpe. University with law and commerce degrees she was
admitted in May 1992. Since starting practice in criminal
and civil litigation, she has specialised in employment
Contributing articles to LawTalk law for the last 20 years. She takes over as president
We welcome articles related to the New Zealand legal profession, at work from Malcolm McKenzie.
or leisure. All contributions and inquiries about submission of articles can The following branch Council has been elected:
be emailed to the Managing Editor, editor@lawsociety.org.nz. Contact President: Janet Copeland.
before submission of an article is preferred. The New Zealand Law Society Vice-President: Paul Gray.
reserves the right to edit all material submitted for publication. Council: Toni Green, Phil McDonald, Malcolm McKenzie,
Mike Mika, Joseph Mooney, Richard Smith.
12L AW TA L K 9 2 8 · M ay 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
Courthouse committee The Law Society is
now on Instagram:
has wide remit #nzlawsociety
The New Zealand Law Society is
The Law Society’s Courthouse now on Instagram. Instagram is an
Committee membership was image-based social media platform
refreshed and expanded in 2018 to that provides a way for networks
provide better coverage across the and communities to interact. The
regions and closer monitoring of Law Society has added Instagram
the range of issues impacting on to its social media presence on
courthouses and court users around LinkedIn, Facebook and Twitter to
New Zealand. do three things:
The committee members are Mark Keep lawyers up to date on legal
Wilton (Convenor, Wellington), news and collegial events: Changes
Maria Hamilton (Hawke’s Bay), happen fast in the profession.
I a i n Hu t c h e s o n (Au c k l a n d) , Instagram is an easy way to keep
Prue McGuire (Rotorua), Leona up to speed with what’s going on.
McWilliam (Wellington), Craig We also want to celebrate the work
Ruane (Christchurch), Kingi Snelgar of legal organisations from around
(Auckland), and Max Winders ▴ Mark Wilton Aotearoa. With Instagram we can
(Dunedin). bring followers closer to people
The committee monitors and Nelson, New Plymouth, Napier, doing great things in the industry.
provides a coordinated national Palmerston North and Whanganui. Enable future lawyers to have an
response to issues such as court The committee has also assisted the insight into the legal profession:
closures and restructuring, modern- Canterbury Westland Law Society Becoming a lawyer is a challenging
isation and technology initiatives, branch on the issue of Police con- pathway. Students are busy. Once
and court security/access to court- duct in the Christchurch Justice practising they find themselves
houses, bearing in mind the needs precinct, including drafting cor- being regulated by an organisation
of all court users. respondence to key stakeholders. they may know little about – the
“The committee’s remit is not The committee is liaising with the New Zealand Law Society.
limited to addressing issues relating Marlborough branch in relation An Instagram page is one way
to the physical spaces that operate to the problem of delayed bail of helping the people who are the
as courts, but also includes matters hearings in Blenheim - the issue future of the legal services industry
that affect access to justice and the has been raised with the ministry to be aware of the opportunities
administration of justice within and the Law Society understands that await them. They can access
those courts (such as AVL and court a procedure to ameliorate delays is information on the transition from
resourcing),” says convenor Mark being worked on. The committee student to lawyer. We also hope to
Wilton. “Committee representatives is also working with the Taranaki offer inspiration on how future law-
meet regularly with senior ministry branch in relation to local concerns yers can bring their own change to
officials to raise resolve current about Family Court matters being New Zealand law. The inspirational
courthouse issues.” dealt with outside the purpose-built video and conference address by
“Courthouse issues are generally Family Court rooms. This work has new Law Society President Tiana
managed locally in the first instance, included raising concerns with the Epati are great examples of this.
with input from Law Society ministry, in addition to supporting Offer lawyers’ clients and the
branches and local court managers. the branch to address bail/arrest public access to legal industry
The branches – and practitioners issues at the local level. news and information about our
across the country – are encouraged Practitioners should raise any services: The wider community can
to get in touch with the committee courthouse concerns/problems get information on our wide variety of
if there are any issues of potentially with their local branch manager/ services, and any updates on changes
national significance, or where a president in the first instance. If to these. Legal current events, law
co-ordinated national response is the issue appears significant, or reform activities and community
appropriate.” you’d like to check whether it is notices will often be added to give
a ‘national’ issue, please contact a perspective on the activities of the
Recent work Emily Sutton, law reform adviser to Law Society and legal profession.
In 2018 the committee was instru- the Courthouse Committee at emily. The Law Society’s Instagram
mental in securing scheduled sutton@lawsociety.org.nz, phone 04 page is at www.instagram.com/
regional admission ceremonies in 463 2978. nzlawsociety/
13N E W Z E A L A N D L AW S O C I E T Y M ay 2 0 1 9 · L AW TA L K 9 2 8
What should I declare at practising
certificate renewal time?
BY CHRISTINE SCHOFIELD
The practising certificate renewal round certificate the Law Society may take into practising certificate issuing. If any matter
is approaching with all current practising account any matters it considers relevant, needs investigation, you may be requested
certificates lapsing on 30 June 2019. including but not limited to, the matters set to provide further information and it
You will shortly be emailed a guide for out in ss41 and 55 of the Act. Some of these may be referred to a Law Society Practice
renewal. You will already have completed matters that you must declare include: Approval Committee. You will be advised
your CPD declaration which was due on • any conviction for any offence (if not if this is the case. The Law Society may
31 March 2019. previously brought to the Law Society’s make other inquiries if it considers these
You will need to make a “fit and proper attention) which has not been “clean are relevant. This process can take some
person” declaration to renew your practis- slated” under the Criminal Records time to complete so please complete your
ing certificate for the 2019-2020 practising (Clean Slate) Act 2004. This includes any declaration as soon as you are able.
year. There is a range of matters that you are excess breath/blood alcohol conviction You are required to be open and frank
required to inform the Law Society about if and any traffic offence that resulted in in your declaration. If in doubt, please
they have occurred since issue of your last a conviction; include.
practising certificate, or if there is any “fit • any current or pending charge before There is no need to wait for the prac-
and proper person” matter that you have a Court or Tribunal (in New Zealand or tising certificate renewal round if you
not previously disclosed to the Law Society. overseas); have matters of concern to report. There
• a mental or physical health condition that is an ongoing obligation to advise the Law
Declaration might affect your ability to practise law; Society of any matter that might affect your
The declaration is in three parts. • bankruptcy and/or liquidation/receiver- continuing eligibility to hold a practicing
The first is an undertaking to comply ship of a company of which you are a certificate. See regulation 8 of the Lawyers
with the fundamental obligations of law- director; and and Conveyancers Act (Lawyers: Practice
yers as set out in s4 of the Lawyers and • disciplinary matters in another occupa- Rules) Regulations 2008.
Conveyancers Act 2006 (Act). In essence tion or jurisdiction.
you are declaring that you are aware of This part does not require you to declare Paying for your
these and are complying with them. any open complaints that are being con- practising certificate
Section 4 reads as follows: sidered by a standards committee, by the Payment must be made by or before 1 July
“Every lawyer who provides regulated Legal Complaints Review Officer, or by the 2019 to complete the renewal process.
services must, in the course of his or her Lawyers and Conveyancers Disciplinary If someone else in your organisation is
practice, comply with the following fun- Tribunal that the Law Society is already attending to payment please ensure they
damental obligations: aware of. However, the Law Society does do so prior to the due date. On 1 July your
• to uphold the rule of law and to facilitate consider that workplace conduct issues, practising certificate will lapse and you
the administration of justice in New which have not previously been brought will then have to apply for a new prac-
Zealand; to our attention are relevant fitness issues tising certificate rather than complete the
• to be independent in providing regulated and should be declared. renewal process. If you receive emails that
services to his or her clients; Thirdly, you must declare whether you have not completed the process, please
• to act in accordance with all fiduciary you are complying with any orders of a do not disregard these as they are only sent
duties and duties of care owed by law- standards committee, the Legal Complaints to lawyers who have not fully completed
yers to their clients; Review Officer or the Lawyers and the process.
• to protect, subject to his or her overriding Conveyancers Disciplinary Tribunal. Your practising certificate will issue
duties as an officer of the High Court and If you owe any outstanding costs or electronically. You do not need to print
to his or her duties under any enactment, fines resulting from a disciplinary matter this off unless you would like a hard copy.
the interests of his or her clients.” or have not complied with any other order
The second part relates to any matter you must declare this. If you have entered Further assistance
that does or might affect your fitness to into a time payment arrangement and If you have any issue with making the
be issued with a practising certificate. payments are up to date, there is no need online declaration or want to discuss any
As regulators of the profession, the Law to include this. matter please call a member of the Registry
Society must consider whether there are Team on 0800 22 30 30 for helpful guidance
any grounds under the Act for declining What will happen if I and assistance.
or refusing to issue a practising certificate. declare something?
In determining whether a person is a “fit Most matters will probably not be sig- Christine Schofield is manager of the Law
and proper person” to hold a practising nificant enough to prevent your new Society’s registry team.
14L AW TA L K 9 2 8 · M ay 2 0 1 9 P E O P L E I N T H E L AW · O N T H E M O V E
PEOPLE IN THE LAW
ON THE MOVE
Justice Collins appointed general dispute resolution and intellectual in Auckland, away from his home province
to Court of Appeal property, then a further three years as a and neither the Christchurch judiciary nor
consultant Special Counsel with a focus on the profession had the chance to mark his
Justice David Collins has been appointed media and intellectual property litigation. appointment in the usual way.
a judge of the Court of Appeal. Justice In January 2019 she joined the Auckland Associate Judge Matthews graduated
Collins graduated LLB(Hons) (First Class) Bar, co‑founding Sangro Chambers. from the University of Canterbury in 1972
from Victoria University of Wellington Justice Walker is the author of the text and was admitted in 1973. He was a partner
in 1975, subsequently gaining an LLM in Reputation Matters: A Practical Legal Guide at Lane Neave from 1975 to 1987 when he
1976 and an LLD in 1993, both from Victoria to Managing Reputation Risk. The new Judge joined the Independent Bar. He practised
University of Wellington. He also obtained will sit in Auckland and will be sworn in mainly in the civil area. He was an experi-
an LLM-JS from Duke University in the on 10 May. enced resource management commissioner
United States. and chaired the Motor Vehicle Disputes
Admitted as a barrister and solicitor in Sir Terence Arnold Tribunal from 1998 to 2004.
1976, Justice Collins became a partner in appointed acting
the firm now known as Rainey Collins in Supreme Court Judge Final Cook Islands sitting
1985. He left the partnership in 1995 to join for Sir Ian Barker
the Independent Bar, and was appointed Former Supreme Court judge Sir Terence
Queen’s Counsel in 2000. He was appointed Arnold has been appointed an acting A final farewell sitting for Sir Ian Barker
Solicitor-General in September 2006. Prior Judge of the Supreme Court for a period QC was held in the Court of Appeal of the
to that Justice Collins held positions commencing on 12 April 2019 and ending Cook Islands on 4 April. Sir Ian served in
as President of the Wellington District on 11 April 2021. Sir Terence retired from the Cook Islands Court of Appeal for 25
Law Society, Chairman of the Accident the Supreme Court in 2017 and was sub- years from 1994 to 2019. Cook Islands Court
Compensation Corporation, Chairman sequently appointed an Acting Judge of of Appeal President Sir David Williams QC
of the Health Practitioners Disciplinary the court for a two-year term from 12 April says Sir Ian’s contributions to the law and
Tribunal and Executive Vice President 2017 to 11 April 2019. administration of the Cook Islands have
of the World Association of Law and been truly outstanding.
Medicine. Justice Collins was appointed Acting Appeal Court “Sir Ian also took up, quite voluntarily, a
a Judge of the High Court on 16 March 2012. Judge appointed number of miscellaneous pro bono projects
for the Cook Islands including revising the
Auckland barrister The Hon Lynton Laurence Stevens has Constitutional and legislative framework
appointed to High Court been appointed an acting Judge of the for the Court of Appeal, preparing a new
Court of Appeal from 29 April 2019 to 28 section of the Judicature Act and a new
Auckland barrister April 2020. After appointment as a Queen’s version of the Court of Appeal Rules and
Tracey Walker has Counsel in 1997 he was appointed to the drafting changes to the Constitution. In
been appointed a High Court bench in 2006 and to the Court 2017, Sir Ian prepared the new Rules of Civil
Judge of the High of Appeal in June 2016 until his retirement. Procedure for the Cook Islands based on
Court. Justice Walker the New Zealand High Court Rules,” he
graduated BA and LLB Valedictory sitting says.
from the University of for Associate
Auckland in 1988 and Judge Matthews Sangro Chambers
was admitted in December 1988. She began breaks tradition establised in Auckland
her legal career at Simpson Grierson. In
December 1989, she travelled to the United The Christchurch High Court was the venue Four senior practitioners have established
Kingdom, joining the commercial litigation for a valedictory sitting on 12 April to mark Sangro Chambers at 23 Customs Street in
department of London firm Slaughter the retirement of Associate Judge John Auckland.
and May in 1990. In 1991 she obtained Matthews. There was a break with the Earl Gray is an inter-
an LLM from the University of London, tradition that judges of the High Court nationally recognised
and returned to New Zealand to re-join are farewelled at their final sitting by the intellectual property
the Auckland office of Simpson Grierson legal profession but in the absence of their lawyer, who was pre-
in 1992. fellow judges. This is because Associate viously a partner with
Justice Walker joined the partnership Judge Matthews was appointed shortly Simpson Grierson for 21
of Simpson Grierson in 1997, spending 16 before the 22 February 2011 earthquake. years. Earl specialises in
years as a litigation partner specialising in Because of the emergency he was sworn in disputes and advisory
15O N T H E M O V E · P E O P L E I N T H E L AW M ay 2 0 1 9 · L AW TA L K 9 2 8 work in all aspects of intellectual prop- Raynor Asher appointed has worked for professional regulators in erty, and work in related fields such as life Media Council chair the United Kingdom. She has also been sciences, sports, sales and marketing, and appointed Pro Bono Director for New franchising. Retired Court of Appeal judge Raynor Zealand. Jane Glover has Asher has been appointed chairman of Emma Moran is based in Wellington. She worked across a range the New Zealand Media Council. He will was admitted in June 2008 and practises of civil disputes, and take up his role on 1 July from Sir John in the areas of civil litigation, dispute has particular expe- Hansen, who has chaired the Council since resolution and public law. Emma has rience in intellectual 2013. Mr Asher was appointed to the High experience advising clients and resolving property. She is Deputy Court bench in 2005 and then appointed disputes across a range of civil matters and Chair of the Copyright to the Court of Appeal in 2016. commercial dispute resolution experience. Tribunal and is an Assistant Commissioner She acts for a number of local authorities of Trade Marks and Patents. Daniel Weatherley joins and public sector organisations. Katherine Anderson , formerly a Young Hunter partnership litigation partner at In-house lawyer Anthony Harper, is an Daniel Weatherley appointed to Callaghan experienced regulatory has joined the Young Innovation Board and public law special- Hunter partnership ist. She has worked at from 1 April. Daniel Angela Bull has been appointed to the the heart of central joined the firm in board of Callaghan Innovation. Ms Bull Government for New 2008 after graduation was admitted as a barrister and solicitor Zealand Police, and led from the University of in June 1998 and is chief executive of the the legal and risk functions at Auckland Canterbury. He special- privately-held property investor Tramco Council. Katherine is experienced in inquiry ises in civil litigation and insurance law Group Ltd. Her appointment is for a three- work and is also a part-time member of the and has successfully appeared at all levels year term. Human Rights Review Tribunal. of the New Zealand court system. As a partner at Simpson Grierson for Cooney Lees Morgan almost 40 years, Willy Akel has diverse DLA Piper appoints promotions litigation experience two Special Counsel and has appeared in Cameron Russell has been appointed many high profile cases DLA Piper New Zealand has announced a partner at Tauranga firm Cooney Lees in the High Court, Court the appointment of two special counsel. Morgan from 1 April. Cameron gained LLB of Appeal, and Supreme Melissa Johnston is based in Auckland. and BCom degrees at the University of Court. He has been Admitted in December 2002, she specialises Otago and was admitted in July 2010. He leading counsel in a in employment and acts for both employ- is a member of the property and devel- number of leading ers and employees on a range of matters, opment team, specialising in property media and defamation cases. including redundancies, restructuring, law. Cameron also has experience in Tracey Walker was also an establish- health and safety, personal grievances and corporate acquisitions, disposals, gov- ment member of Sangro Chambers until employment documentation. Melissa also ernance, securities law and family trust her appointment to the judiciary. has experience in medico-legal law and related matters. 16
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