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I S S U E 9 3 1 · A u g us t 2 0 1 9
FOCUS ON LEGAL
PRACTICE IN THE
Hutt Valley
Professor Can we improve Disclosure of Supporting
Penelope Mathew, jury trials information to someone who
Auckland Law beneficiaries of has a mental
School Dean family trusts illness
Page 16 Page 23 Page 34 Page 42
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Mind
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The New Zealand Law Society has
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de Paul is a lasting way to help the which recently celebrated 150 years
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9
New Zealand Law Society 23 · Can we improve jury trials?
6 · From the Law Society ▹ BY CHRIS MACKLIN
7 · New Zealand Law Society 27 · Further developments in
franchising restraint of trade
People in the Law clauses ▹ BY DEIRDRE WATSON
11 · On the move 30 · Domestic violence and
16 · Professor Penelope Mathew immigration policy
68
31 ▹ BY TEUILA FUATAI ▹ BY POOJA SUNDAR
19 · Law firm tips the scales and 31 · Finding international consensus
takes out gender diversity on ISDS ▹ BY MICHAEL HANSBY
award ▹ BY NICK BUTCHER 34 · Perspectives on the disclosure
20 · The Innovators: Michael of information to beneficiaries of
Heron QC ▹ BY ANDREW KING family trusts ▹ BY HENRY BRANDTS-
GIESEN AND DAVID WERDIGER
Update 37 · “ Ten dollar” trusts
22 · Animal welfare watchdog ▹ BY ALISON GILBERT
needed, study finds
▹ BY LYNDA HAGEN
88
54
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Contents
Alternative Dispute 52 · In-house legal – A force Classifieds
Resolution to be reckoned with 70 · Will notices
38 · Cognitive biases: challenging ▹ BY GABRIELLE O'BRIEN 71 · Legal Jobs
the way we think, part 4 54 · The court system grinds on 73 · CPD Calendar
▹ BY PAUL SILLS slowly… ▹ BY JOHN BURN
40 · How do you start a relationship Lifestyle
property arbitration? Sustainable Practice 76 · A New Zealand Legal
▹ BY ROBERT FISHER QC 56 · Some thoughts from a new Crossword ▹ SET BY MĀYĀ
EV owner ▹ BY GEOFF ADLAM 77 · One man’s Celtic
Practising Well Crusade …▹ BY JOCK ANDERSON
42 · Being a supporter: what it’s 58 · Lawyers Complaints 82 · Civil rights in the United States:
like to live with someone Service using the law to get around
who has a mental illness the law ▹ BY JOHN BISHOP
Technology
Practice 61 · Libra rising ▹ BY DAMIAN FUNNELL 86 · Tail end
44 · Focus On … The Hutt Valley 62 · Digital forensics
▹ BY CRAIG STEPHEN ▹ BY ADRIAN HAYES
50 · The importance of goals in
civil litigation planning and Legal History
management by in-house 64 · Memories of the Auckland
counsel ▹ BY JOHN MAASSEN Magistrates’ Courts
▹ BY SIR IAN BARKER QC
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N E W Z E A L A N D L AW S O C I E T Y A ugust 2 0 1 9 · L AW TA L K 9 3 1
NEW ZEALAND LAW SOCIETY
From the Law Society
Other recommendations made
The Minister of Justice’s inde- by the Family Law Section and
pendent panel evaluating the 2014 supported by the independent
reforms to the family justice system panel included the appointment
has adopted almost all of the rec- of more Family Court judges and
ommendations made by the Law establishing the roles of the family
Society’s Family Law Section. justice service coordinators and
The panel released its report to senior Family Court registrars.
Minister of Justice Andrew Little on The Care of Children Act applica-
16 June, which included 70 recom- tions to the Family Court for par-
mendations to significantly improve enting and/or guardianship orders
the current family justice system. makes up a large percentage of the
The panel had consulted widely and work of the Family Court.
issued two discussion documents on The Family Court deals with
proposed changes before presenting cases that touch the lives of more
its final report to Mr Little. New Zealanders than any other
The Family Law Section said in court. The significant delays in
both its submissions that imple- the Family Court that people
menting three key changes would experience are both frustrating
have an immediate positive effect and unacceptable so the appoint-
of the Family Court. ment of more Family Court judges
First, making the Family Court as recommended will help to
responsible again for pre-court alleviate the current pressure on
processes, reinstating a limited the Family Court and increase the
number of counselling sessions amount of judge time available to
and making the Family Dispute hear cases, as will creating senior
Resolution service free, voluntary Family Court registrars and family
and more accessible. justice service coordinators.
Second, parents must be allowed Looking forward, it’s important to
to have lawyers represent them in This is all about stress that whatever solutions emerge, they will only
all matters relating to parenting and access to justice work if there is adequate resourcing of the whole family
guardianship disputes at all stages and any reforms justice system. This includes attention to judicial hearing
if they wish. The availability of legal or changes time, registry staff, social workers, legal aid providers,
aid needs to be increased. which result will court-appointed lawyers and mediators.
And thirdly, it is important that a only succeed We cannot provide an effective means of resolving
robust triage and case management if we accept family disputes on a shoestring. This is all about access
system is implemented. The track the need to to justice and any reforms or changes which result will
system should cease and appli- make a realistic only succeed if we accept the need to make a realistic
cations filed in the Family Court commitment commitment and investment to achieve a family justice
should be made either on notice and investment system that works for all New Zealanders.
or on a without notice basis where to achieve a The Minister has asked officials to develop a workable
matters are urgent and there are family justice programme for change by the end of this year. ▪
safety risks involved. The number of system that
court events should be significantly works for all Kirsty Swadling
reduced. New Zealanders Chair, Family Law Section
6
L AW TA L K 9 3 1 · A ugust 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
Justice response to sexual
violence – Law Society
releases confidential input
relevant stakeholders including the of evidence,” it says.
The Law Society has released a legal profession will be needed if the The committee says the Court of
submission it made to the Ministry government decides to proceed with Appeal in M v R [2011] NZCA 303
of Justice on 11 October 2018 on the Commission’s recommendations.” noted concerns around the issues
aspects of the Law Commission’s with disclosure including that pre-re-
2015 response for improving the Specialist training cording should not take place before
justice response to sexual violence. On the specified Law Commission full disclosure has been made.
This follows release in July 2019 of recommendations, the committee “The committee agrees with
details of the Government’s plans says it agrees that some form of spe- this observation. If pre-recording
to introduce law changes relating cialist training for defence counsel, takes place before full disclosure
to sexual violence cases. At the time including legal aid counsel, who has been made, the defence may
the Law Society’s submission was appear in sexual violence trials, may lose the opportunity to question
made on a confidential basis at the be helpful and appropriate. a complainant on relevant aspects
ministry's request. “Such training may help minimise of the prosecution’s case which are
Releasing the planned actions, the risk of oppressive or inappro- only subsequently disclosed to the
Parliamentary Under-Secretary to priate questioning of vulnerable defence.”
the Minister of Justice, Jan Logie, witnesses, while ensuring the After considering other issues
noted the input from the Law Society defendant is able to mount an around pre-recording, the commit-
on some matters. This referred to the effective defence.” tee says that overall it is significantly
October 2018 submission. The committee considers that concerned that presumptive pre-re-
The submission was sought on specialist training should be cording of cross-examination will
three Law Commission recommen- encouraged, rather than being erode defendants’ right to silence
dations: experience and competence made a mandatory prerequisite for and fair trial rights. ▪
requirements for defence counsel, appointment as legal aid counsel in
alternative options for presentation sexual violence trials.
of evidence by adult complainants,
and the pre-recording of cross-ex- Pre-recording of evidence
amination evidence before trial. The committee considers that
In its submission the Law pre-recording evidence, particu- HAYS LEGAL
Society’s Criminal Law Committee larly cross-examination, for com- PARTNER WITH
says it is concerned at the lack of plainants in sexual violence cases THE EXPERTS
adequate consultation of the legal should remain available on a case Are you considering a new opportunity
within the legal sector? Are you looking
profession and other stakeholders by case basis and not via a statutory for more responsibility or have you
on the 2015 recommendations. It presumption. been thinking about giving in-house
opportunities a go?
says the tight timetable followed “While complainants in sexual
precluded public consultation. violence cases (similar to child Hays Legal is seeking local candidates
for positions including:
The committee says its preferred witnesses) should be eligible to have • Litigator – national firm
approach is for open consultation. their evidence pre-recorded, we • Senior Solicitor – private client/
commerical property
This provides an opportunity for full remain of the view that the prose- • Staff Solicitor – commercial law/
input from the profession and makes cutor should have to apply on a case resource management
for better policy and legislation. by case basis rather than via a stat- To find your
“Early, informed consultation utory presumption. Judges should local office, visit
hays.net.nz
with those working in the field continue to decide on a principled
helps to ensure effective and work- basis whether evidence in chief or
able reforms and an effective justice cross-examination should be pre-
system. The Law Society considers sented by way of pre-recorded video hays.net.nz
that public consultation with interview and/or the prerecording
7
N E W Z E A L A N D L AW S O C I E T Y A ugust 2 0 1 9 · L AW TA L K 9 3 1
Annette Gray
elected Wellington
branch President
Family lawyer Annette Gray has been elected
President of the New Zealand Law Society’s Wellington
branch. Ms Gray was admitted as a barrister and solicitor
in February 1986 and is a partner with Wellington firm
Buchanan Gray. As well as her Family Court practice
she is an experienced property lawyer and a trained
and qualified mediator. Ms Gray replaces David Dunbar.
The branch Council elected at the AGM on 19 June is:
President: Annette Gray.
Vice-Presidents: Arti Chand, Christopher Griggs.
Council: David Dunbar, Julius Maskell, Monique van
Alphen Fyfe, Mark Wilton, Christian Jorgensen
(Wairarapa), Bridget Sinclair (Young Lawyer),
Nerissa Barber (Law Society Board Member). ▪
Law Society Terry Singh is new
Waikato Bay of Plenty
moves out of branch President
national office Hamilton Public Defence Service lawyer Terry
Singh has been elected President of the Waikato Bay of
The New Zealand Law Society moved out of its Plenty branch of the New Zealand Law Society. Mr Singh
national office at 26 Waring Taylor Street, Wellington was admitted as a barrister and solicitor in September
after receiving a Detailed Seismic Assessment which 1996. He succeeds Russell Boot as President. A new
showed that part of the building was earthquake prone. Council was elected at the Biennial General Meeting
The Law Society’s immediate focus is on ensuring staff on 19 June.
safety and maintaining essential services while alter-
native accommodation is secured. Our services outside President: Terry Singh.
of Wellington will continue as normal. National office
employees will work from home and temporary offices Vice-President: Johan Niemand.
until new premises are secured.
We will keep you updated on developments as we Council: L
isa Awatere, Tim Braithwaite, Phillip Cornegé,
work through this period of disruption and trust that Brendan Cullen, James Gurnick, Emma Miles,
you will be patient with staff and the Law Society if Erin Reilly, Jesse Savage, Gene Tomlinson,
some services are temporarily affected. ▪ Marise Winthrop. ▪
8
L AW TA L K 9 3 1 · A ugust 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
More streamlined Keep local
authority
approach suggested liability
in civil aviation reform unchanged
Civil Aviation Act 1990.
The Law Society has told the “The empowering provisions have Current liability settings for
Ministry of Transport that it evolved and been amended over building consent authorities should
supports the proposal to amal- many years, and the bill would be be retained and no cap for liability
gamate and restructure the Civil more accessible if these provisions should be introduced, the Law
Aviation Act 1990 and the Airports were rationalised.” Society says in comments on MBIE’s
Authorities Act 1966 into a Civil The Law Society also says that discussion paper Building system
Aviation Bill. The Law Society says clause 43 sets out a very broad legislative reform, Paper 4: Risk and
setting out the statutory purposes power for the making of rules, Liability.
in clauses 3 and 4 of the bill will allowing a rule to be made that “The question of the appropriate
reduce inconsistencies and improve relates to any of the specified pur- liability model in New Zealand was
accessibility for users and those poses, which are generally stated. given comprehensive consideration
affected by the legislation. “Any such rule could have signifi- in the Law Commission’s review in
In comments on the Civil Aviation cant legislative effect. Although clause 2013, and the Law Society’s view
Exposure Draft Bill, the Law Society 43 is similar to the broadly worded at that time was that ‘the current
suggests that the ministry also con- rule-making power in section 28 of system of joint and several liability
sider a more streamlined approach the Civil Aviation Act 1990, it would in New Zealand is preferable to lia-
to the empowering provisions relat- be prudent to review it to ensure bility models adopted in other juris-
ing to the making of rules in clauses the power is appropriate, because it dictions’ and should be retained,”
44 – 51. It says these clauses appear involves a significant delegation of it says.
to be a direct extraction from the Parliament’s law-making power.” ▪ “The Law Society’s view remains
unchanged … The joint and several
liability model works. It is under-
New Zealand Law Society law reform submissions pinned by sound and well-tested
Copies of submissions made by the New Zealand Law Society’s law principles relating to duty of care,
reform committees are available on the Law Society website www. causation and remoteness. In the
lawsociety.org.nz in the section News & Communications/Law reform case of local authorities, the Law
submissions. Information on submissions and the opportunity to provide Society does not consider there
input on submissions which are being prepared is provided in the is any compelling justification for
weekly e-newsletter LawPoints. departing from the current joint and
several liability model.” ▪
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N E W Z E A L A N D L AW S O C I E T Y A ugust 2 0 1 9 · L AW TA L K 9 3 1
Comments on draft
guidelines for refugees with
serious mental health issues
in the draft guidelines that they are
Draft guidelines for refugees with serious mental not a strict code of procedure.
health issues would have greater utility if they clearly The Law Society notes that
stated their underlying objective of being an important the term “serious mental health
tool to prevent injustice to psychologically vulnerable issues” is used in the title and
applicants and to ensure the merits of their claims are throughout the draft guidelines,
fairly considered, the Law Society says. but the term is not defined in the
The Law Society has provided comments to Immigration Definitions section or elsewhere.
New Zealand’s Refugee Status Branch on its draft guide- It says the Guidelines should not
lines for persons presenting with serious mental health use undefined terminology, and
issues. It notes that these are to to assist refugee and for consistency with the UNHCR
protection officers in assessing the refugee and protection Guidance Note, the Guidelines
status of people presenting with serious mental health should apply to “psychologically
issues. The Law Society says it supports the statement vulnerable claimants”. ▪
Amended insurance contract
provisions supported
– is likely to produce the fairest out-
The Law Society says it now supports the objec- come for consumers and insurers.
tives of a review of the law relating to insurance contracts It would enable New Zealand to
which is being carried out by the Ministry of Business, maintain equivalent provisions to
Innovation and Employment (MBIE). other common law jurisdictions.
In comments on MBIE’s April 2019 Options Paper: The second option – a duty to
Insurance Contract Law Review, the Law Society says disclose what a reasonable person
changes have been made to the objectives since MBIE’s would know to be relevant – would
May 2018 issues paper, to acknowledge the unique take New Zealand’s law in a differ-
nature of insurance contracts and insurance business. ent direction from that of other
It supports the amended objectives of the review as set common law jurisdictions, leading
out in the options paper. to potential uncertainty and the
The Law Society comments on two options posed by the need for the courts to intervene to
paper for disclosure by consumers. It says the first – a duty provide guidance on the meaning
to take reasonable care not to make a misrepresentation of the terms. ▪
Legal research —
let us do the hard
work for you www.lawsociety.org.nz/law-library
10L AW TA L K 9 3 1 · A ugust 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
Chief District Court visible and therefore accessible. She has from 17 June. Tania is a
Judge appointed to received several AIJA Incorporated Awards Whangārei local and
High Court bench for Excellence in Judicial Administration. has been with WRMK
Her contribution has been significant. The Lawyers since 2002.
Chief District Court legal community wishes her well in her She has a strong general
Judge J a n ‑ M a r i e work as a member of the High Court and commercial practice,
D o o g u e has been recognises the leadership and innovation with particular exper-
appointed a Judge of she has shown as Chief District Court tise in trusts and asset
the High Court. Judge.” planning. Before her focus on trusts, she
Justice Doogue worked for several years as a successful
graduated with an LLB Acting Associate civil litigator.
from the University Judge appointed
of Auckland in 1980 and began her legal Council of Legal
career at Auckland law firm Holmden John Gordon Matthews, retired Associate Education appointments
Horrocks the same year. In 1983 she joined Judge of Christchurch, was appointed an
Cairns Slane in Auckland and became a acting Associate Judge of the High Court Justice Gerardus Jacobus van Bohemen
partner of the firm in 1986, before leaving to for a period commencing 4 June 2019 and of the High Court has been appointed a
join the partnership of Morrison Morpeth ending on 3 August 2019. member of the New Zealand Council of
in 1990. In 1992 Justice Doogue joined Legal Education for a term from 26 June
the independent Bar and spent two years Two join Walker 2019 to 27 May 2022. David Ross Green,
practising out of William Martin Chambers Street Chambers barrister and solicitor of Auckland, has
in Auckland before her appointment as a been appointed for a term from 14 June
District and Family Court Judge in 1994. Walker Street Chambers in Christchurch 2019 to 6 May 2022.
She was subsequently designated as has welcomed two junior employed
a Family Violence Court Judge in 2005, barristers. Anita Killeen chair of
granted a Jury Warrant in 2007, and was Angela Lee was Amenities Funding Board
appointed an alternate Environment admitted to the bar
Court Judge in 2011. Justice Doogue was in October 2014 after The Auckland Council
appointed Chief District Court Judge in graduating with an LLB has appointed Auckland
2011. from the University of barrister Anita Killeen
Justice Doogue will be sworn in on 19 Canterbury. Before Chair of the Auckland
August 2019 and will sit in Wellington. joining Walker Street, Regional Amenities
Her appointment will mark the end of Angela worked at the Funding Board. The
eight years of strong and committed lead- Public Defence Service and for Weston Board was established
ership of New Zealand’s largest court, the Ward & Lascelles. Angela specialises in through the Auckland
New Zealand Law Society says. family law and criminal defence work. Regional Amenities Funding Act 2008 and
“Her appointment is a fitting recognition Shawn McManus distributes grants to organisations that
of her judicial strengths. It is important was admitted to the deliver arts, culture, recreational, heritage,
to pay tribute to her time as leader of bar in March 2017 rescue and other facilities and services to
the District Court judiciary,” Law Society after graduating from the Auckland region.
President Tiana Epati says. Victoria University of
“Chief Judge Doogue has overseen Wellington with an Michael Stephens
a period of important change, with 59 LLB and BSc majoring joins Urban Art
District Courts combined into one District in psychology. Shawn Foundation Board
Court in 2017. The jurisdiction of the District previously worked as a junior lawyer at
Court has also increased and there have the Public Defence Service in both the Wellington media and commercial lawyer
also been important developments such Wellington and Christchurch offices, and Michael Stephens has joined the board
as the Alcohol and Other Drug Treatment specialises in criminal defence. of the Urban Art Foundation Ltd. The
Court, the New Beginnings Court and the Foundation operates as The Urban Art
Matariki Court. Tania Beckham becomes Agency and is a not-for-profit company
“Judge Doogue has also been a strong WRMK Lawyers director committed to making art accessible on
advocate for increased diversity in the streets and in public gateways to enrich
makeup of the judiciary. She has made the WRMK Lawyers has appointed Tania New Zealanders’ experience of their urban
workings of the court and its judges more Beckham as a director of the firm, effective environment.
11O N T H E M O V E · P E O P L E I N T H E L AW A ugust 2 0 1 9 · L AW TA L K 9 3 1
Jen Crawford to chair joining the firm she worked as an associate after working as a senior associate in the
Ashton Wheelans at a Dunedin firm, a case manager at the banking, finance and regulatory litigation
Institute of Chartered Accountants, and as team at Allen & Overy LLP, London for
Former Anderson Lloyd partner Jen a Crown Prosecutor in Wellington. seven years. He has acted for financial
Crawford has been appointed independ- Melissa Hammer institutions and other corporates in many
ent Chair of Ashton Wheelans Chartered joins as a senior asso- international and domestic matters.
Accountants. Admitted as a barrister and ciate in the litigation
solicitor in October 1996, Jen is now a con- team and is based out Jess Keating joins
sultant with Anderson Lloyd’s Christchurch of the Queenstown Kennedys partnership
office. She has expertise in due diligence office. Melissa is a spe-
and transactional work, infrastructure cialist dispute resolu- Jess Keating has joined
projects, urban redevelopment and tion lawyer with broad the partnership of inter-
agribusiness. expertise having worked as both a Crown national insurance law
prosecutor and civil litigator. Melissa has firm Kennedys from 1
New partners and senior extensive experience acting on criminal July. Jess is based in
hires at Anderson Lloyd and regulatory prosecutions, as well as the Auckland office and
insolvency, insurance, contractual, and has more than 13 years’
Anderson Lloyd has announced two equity related disputes. experience in insurance
internal promotions to partner and has and civil litigation. Her core practice com-
welcomed two new senior members to Two senior associates prises professional indemnity, public/product
its litigation department. join Bell Gully liability, directors’ and officers’ insurance,
S a r a h Ev e l e i g h statutory liability and recovery actions.
in the Christchurch Bell Gully has welcomed two new senior
resource management associates to its corporate and litigation Vanessa Baakman
team has been pro- teams. becomes Saunders
moted to partner. Sarah Tom Gillespie is Robinson Brown
specialises in resource rejoining the corporate associate
management and team after working as
local government law. a senior associate in Saunders Robinson Brown has promoted
She advises clients on a broad range of the Singapore office of Vanessa Baakman to
matters including consenting, compliance, Linklaters for the past associate from 1 July.
planning processes and due diligence. three years. He has Vanessa is a member
Dan Williams in the advised on a number of the firm’s litigation
Auckland commercial of high profile and team and specialises in
property team has been complex cross border family and employment
promoted to partner. private M&A and ven- matters. She graduated
Dan has expertise ture capital transac- from the University of
in all facets of com- tions during his time Canterbury in 2002 with an LLB and BA
mercial property law, in Singapore. (Classics) and has lived and worked exten-
with a particular focus Blair Keown joins sively overseas. Vanessa joined Saunders
assisting clients with forestry acquisitions the litigation team Robinson Brown in 2018.
and disposals, mixed-use developments,
commercial and industrial leasing, and
advising clients on Overseas Investment
Act 2005 applications.
Sarah McClean
has joined Anderson
Lloyd as an associate
in the litigation team
and is based out of the
Dunedin office. Sarah
specialises in dispute
resolution, employ-
ment, and health and safety law. Before
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Wynn Williams based in Wellington and a member of the 2009 as a law clerk
appoints new partner environment and planning team. She has and was admitted
been at Kensington Swan for four years and in October 2009. He
Phoebe Davies has has extensive experience on large infra- has developed a wide
joined Wynn Williams structure projects, including advising on breadth of experi-
as a partner in the state highway projects and social housing ence, especially in the
firm’s corporate and development. areas of property law,
commercial team. trusts and succession
She is based in the Juno Legal welcomes planning.
Christchurch office. Saki Hannah Daniel Kruger
Phoebe has worked for becomes an immi-
international firms in the United Kingdom Thomas “Saki” gration partner in
and is qualified to practise in New Zealand Hannah has joined Auckland. Daniel has
and England and Wales. She advises on newlaw firm Juno worked in the Auckland
corporate and commercial law, including Legal in Wellington. office since its incep-
overseas investments, mergers and acquisi- He has joined the firm tion in 2015. Admitted
tions, corporate structuring, shareholders’ from Todd Corporation in New Zealand in
agreements, corporate governance and where he was Associate December 2014, he holds an LLM from
commercial contracts. General Counsel with North-West University, South Africa and
responsibility for corporate and M&A has experience across a wide range of
Kensington Swan matters. He has over 25 years’ experience immigration matters. He provides advice to
promotes two in law and governance working at a senior corporate clients, individuals and families.
senior associates level in-house and in private practice in
New Zealand and overseas. His previous Two promotions
Kensington Swan has roles include Associate General Counsel at Lane Neave
promoted two staff to for Meridian Energy leading several work-
senior associate, from streams for the IPO; and General Counsel Lane Neave has promoted two lawyers,
1 July. Corporate at NZX managing a range of effective from 1 July.
Renee Butler is a acquisition activity and the governance Rosemary Gibson
member of the firm’s arrangements for multiple boards. was promoted to asso-
employment team and ciate in the Auckland
is based in Wellington. Two new partners office building and
Her expertise includes at Lane Neave construction team.
working on several Rosemary has BA(Hons)
significant health and Lane Neave has welcomed two new and LLB degrees from
safety and employment partners. the University of Otago
cases as well as leading Chris Anderson becomes a lifelaw and was admitted in September 2013. She
the workplace immigra- partner in Christchurch. After graduating specialises in civil litigation and dispute
tion team. with BA and LLB from the University of resolution and has acted for a range of cli-
Barbara Dean is Canterbury, Chris joined Lane Neave in ents in building and construction disputes.
Mary Zhou was pro-
moted to senior solic-
itor in the Auckland
immigration team.
Mary holds BHSc and
LLB(Hons) degrees
from the University
of Auckland and was
admitted in September 2016. Specialising
in immigration she has experience in all
aspects of immigration law, including
medical issues as part of the immigration
process.
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PwC Legal New Zealand Tripp.
promotes two principals Henry Benson-
Pope will complete
PwC Legal New Zealand has promoted two a Master of Laws
principals from 1 July. specialising in crim-
Tom Logan is based inal law and human
in Auckland and is a rights at New York
specialist corporate and University. He gradu-
transactional lawyer. ▴ The 11 2019 Fulbright General ated with an LLB(Hons) and a BA in Politics
He has a focus on merg- Graduate Award winners. from the University of Otago in 2014. After
ers and acquisitions, working as a Judge’s Clerk for Chief Justice
overseas investment, years ago, was formerly the president of the Sian Elias, Henry joined Manukau Crown
reorganisations, joint Pacific Islands’ Law Students Association, Solicitor Kayes Fletcher Walker.
ventures and capital raising transactions. and helped establish the MALOSI Project
Tom also provides general corporate and (Movement for Action and Law to Lisa McKeown joins
legal advice across a wide range of matters. Overcome Social Injustice). Duncan Cotterill
M a tt Ke e n a n is Sarah Alawi will specialise in dispute
based in Auckland and resolution for a Master of Laws at Harvard Lisa McKeown has joined Duncan
has co-led the corpo- Law School in Cambridge, Massachusetts. Cotterill’s Wellington litigation team as an
rate and commercial Sarah graduated with a BA and LLB(Hons) associate. Lisa was admitted as a barrister
practice of PwC Legal from the University of Auckland in 2015. and solicitor in May 2005. She specialises
since its launch in 2016. She was admitted as a barrister and solici- in trust and estate claims and is also expe-
Matt has extensive tor in April 2016 and joined Gilbert Walker rienced in other family law, employment,
experience advising after completing two years as a Judges’ professional disciplinary and medico-legal
businesses across the spectrum from Clerk at the High Court at Auckland. She matters.
start-ups and privately owned businesses maintains her links with the university
right through to large multinationals. He as a tutor in equity. Sarah is a committee Russ + Associates
has worked in New Zealand, the UK and member of the Auckland Women Lawyers’ specialist tax and AML
the Cayman Islands. Association and the NZLS Auckland Young firm established
Lawyers.
Young Fulbright Robert (Rob) Schultz will specialise in The former head of Buddle Findlay’s tax
Award winners head dispute resolution for a Master of Laws practice, Neil Russ, has established a spe-
to United States at Columbia University in New York City. cialist tax and AML firm, Russ + Associates,
He graduated with a BA and an LLB(Hons) based in Auckland.
Lawyers made up five of the 11 young New from the University of Auckland in 2014 Neil Russ was a partner at Buddle
Zealanders awarded 2019 Fulbright General and worked as a Judge’s Clerk at the Court Findlay for more than 24 years. He has also
Graduate Awards. The US awards, valued of Appeal before joining LeeSalmonLong practised in London, and is currently the
at up to US$40,000 (plus NZ$4,000 travel in 2015. “Columbia’s LLM offers a wide convenor of the New Zealand Law Society’s
funding), are for promising New Zealand range of papers. I’m hoping to take some Tax Law Committee. Neil specialises in cor-
graduate students to undertake postgrad- papers in arbitration, litigation and alter- porate and international income tax issues,
uate study or research at US institutions native dispute resolution,” Rob says. “I also and has extensive experience in relation
in any field. want to get some perspective on United to GST matters and a multi-jurisdictional
Auckland University Law School States law – including US constitutional background in banking, capital markets,
Teaching Fellow Fuimaono (Dylan) law – media and privacy law.” structured finance, venture capital and
Asafo will move to the United States in Jack Davies will study for a Master of private equity transactions. He advises
August to undertake a Masters of Law at Laws at New York University, specialising clients, other law firms and accounting
Harvard. Of Samoan heritage, Dylan plans in international business regulation, lit- practices in relation to transactions, new
to study Critical Race Theory and minority igation and arbitration. Jack graduated business structures and products, and is
rights. He graduated with an LLB/BHSc with an LLB(Hons) and BA in political one of New Zealand’s leading AML/CFT
conjointly in 2017 from the University of studies and international relations at the practitioners and presenters.
Auckland and an LLM (First Class Hons) University of Auckland. He was admitted Alexandra Tunnicliffe has joined the
from the University of Auckland in 2019. as a barrister and solicitor in March 2017 firm as a senior associate. Alexandra
Dylan began tutoring law students several and works as a solicitor at Chapman specialises in all aspects of New Zealand
14L AW TA L K 9 3 1 · A ugust 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
tax law, particularly in assisting with Law Centre. He worked there until 1993 Gisborne/Tarawhiti Rugby League since
binding rulings, tax investigations and when he moved to practise as a criminal 2007, and is a member of the New Zealand
tax disputes, and FATCA, AEOI/CRS, and barrister. He was appointed a District Court Rugby League Board.
AML/CFT compliance. Before joining Russ + Judge in 1996 and was based in Whanganui
Associates, she spent four years at Buddle until 2001 when he became Principal Buddle Findlay welcomes
Findlay, having worked previously in the Youth Court Judge. He was appointed Tom Montgomerie
tax team at a “Big 4” accounting firm, and the Children’s Commissioner for an initial
in the legal team at Inland Revenue. two-year period from June 2016. Tom Montgomerie has
Charlotte Beale has joined the firm as joined Buddle Findlay’s
a senior associate. Charlotte is a tax and Race Relations Auckland office as a
private wealth practitioner with over a Commissioner appointed senior associate in the
decade of experience at Buddle Findlay corporate and commer-
and TGT Legal. Charlotte advises on all Retiring Gisborne Mayor Meng Foon has cial team. Tom advises
aspects of New Zealand tax law and FATCA, been appointed the next Race Relations on a range of corporate
AEOI/CRS and AML/CFT matters and has Commissioner. matters, with a particu-
particular expertise in asset structuring, Mr Foon will take up his new appoint- lar focus on capital markets and securities
trusts, charities, wills and relationship ment on 26 August 2019 and will be respon- transactions, mergers and acquisitions as
property. Charlotte is a member of the sible for leading the work of the Human well as general commercial contracting.
Society of Trust and Estate Practitioners Rights Commission in promoting positive Before joining Buddle Findlay, Tom worked
and a member of the New Zealand Law race relations. for a global asset manager based in London.
Society Property Law Reform Panel. Justice Minister Andrew Little says Mr
Foon has an outstanding record as a rela- Rainey Collins plans
Judge Becroft’s tionship builder and walks comfortably 100-year reunion
term as Children’s in the pākehā world, the Māori world, the
Commissioner extended Chinese community and other communi- Wellington law firm Rainey Collins is cel-
ties making up New Zealand. ebrating its 100th year and as part of those
Children’s Commissioner Judge Andrew Meng Foon was first elected onto the celebrations a reunion event is planned
Becroft has had his appointment extended Gisborne District Council in 1995 and for 11 October 2019. The event is open to
until 30 June 2021. became mayor in 2001. He is one of a all former partners, staff (both legal and
“Judge Becroft has been doing an handful of people of Chinese descent to support) and their guest.
exemplary job as an advocate for the have become a mayor in New Zealand. He The reunion will be held at the
wellbeing of children and young people is fluent in English, Cantonese and te reo Wellington Club, 75 The Terrace, Wellington
since 2016,” Social Development Minister Māori. As of 2019, he is still the only mayor from 5:30 to 7:30pm. Registrants are also
Carmel Sepuloni says. “I am pleased that in New Zealand who is fluent in Te Reo. invited to visit the firm’s current offices
he has agreed to stay on as Children’s He is a member of a number of com- at Level 19, 119 The Terrace from 4pm that
Commissioner.” munity organisations including the Ngā day for pre-event drinks and nibbles plus
Judge Becroft graduated BA and Taonga a nā Tama Toa Trust, the New a tour of the offices.
LLB(Hons) from the University of Auckland Zealand Chinese Association, Aotearoa Registration is required by 1 September,
in 1981 and practised until 1986 when he Social Enterprise Trust and MY Gold to Alan Knowsley aknowsley@raineycollins.
helped establish the Mangere Community Investments Ltd. He has been chair of co.nz or ph (04) 473 6850.
Grant Allan LLB
Mediator (Resolution Institute - Advanced Mediator Panel)
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PEOPLE IN THE LAW
PROFILE
Professor Penelope Mathew
Refugees and the University of Auckland
BY TEUILA
FUATAI
“I think we need to do more in terms
Perched among the human rights law books in Professor of teaching students about how things
Penelope Mathew’s office is a silver motorcycle helmet. are changing in the profession and
“I ride a Vespa”, she says cheerfully. “But, I still have to get it ensuring they’re aware of those develop-
through compliance over here – that’s what I’m going to do next.” ments and may be able to capitalise any
The Australian export took over the deanship at the University opportunities.”
of Auckland’s law school in April. It has been a busy four months. She readily admits there is no “crystal
Sorting vehicle registration, and even permanent accommoda- ball”. However, proper consideration of
tion, are still on her to-do list. Hobbies like surfing and playing technological developments which will
the fiddle have also been put on the backburner. challenge business models and student
Professor Mathew, an internationally renowned academic in learning must occur.
refugee law and human rights, was headhunted for the Auckland Related to that is better student exposure
job. She received a call from the university while on sabbatical. to workplace practice.
Prior to that, she was Dean of the Griffith University Law School “It’s another area where I think we could
in Queensland. probably do more as a law school – the
“I took a sabbatical, as you are entitled to after a period of Americans call it Clinical Legal Education,
deanship, and really got to pay attention to my area of research. which is really exposing the students
The UN High Commissioner for Refugees was doing a lot of work through work-based learning,” she says.
on the Global Compact on Refugees,” Professor Mathew says. “You get them working in practical settings,
“I had six weeks in Geneva, then came back. I had moved to the whether it’s in a barrister’s chamber or
Gold Coast – Mermaid Beach – which is beautiful. I’m learning how community legal service.”
to surf and writing up all of my things on the Global Compact on Improvements in those areas will help
Refugees, thinking I’d have a couple of years’ research-intensive, graduates, she believes.
and then I heard from Auckland [University].”
It was an opportunity too good to pass up, she says. Women in the law: ‘Easy
to slide backwards’
Law students and emerging technologies Professor Mathew also discusses the
Unlike Griffith, Auckland’s law school is as an independent faculty. “constant process” of achieving gender
The dean works closely with the Vice-Chancellor and university parity at the profession’s top levels. She
senior leadership team. The role offered new challenges, she says. has taught feminist legal theory at the
The city’s beauty and multicultural communities was another Australia National University,
draw card. “It is frustrating that 30 years ago when I
“Australia is multicultural but in different ways to Auckland. graduated, it was probably half and half in
I’ve really been struck by Māori and Pasifika communities and terms of men and women at the University
just how incredibly diverse it is. of Melbourne Law School.
“At some point, when I’ve unpacked my boxes perhaps, I’d “And 30 years on, we’re still talking about
really like to do a Te Reo course and try and learn some Māori.” the same kinds of issues in terms of reach-
So far, Professor Mathew has prioritised meeting faculty staff ing the top echelons of the profession.”
and members of the profession. A comprehensive planning session When asked if things had changed
with the department is also not far off. during her career, she smiles reservedly
One subject warranting attention is the role of artifical intelli- and offers some earnest comments.
gence in legal services. Real progress, including the appoint-
“There’s a question about making sure the law degree that you’re ment of two, successive, female Chief
graduating your students with is actually appropriate," she says. Justices, is something to take pride in,
◂ University of Auckland 17P R O F I L E · P E O P L E I N T H E L AW A ugust 2 0 1 9 · L AW TA L K 9 3 1
she says. However, a significant shift in culture and improve things for people.”
understanding of the value of women in the workplace Professor Mathew eventually returned to New York to
requires critical mass. earn a Doctor of the Science of Law (JSD) from Columbia
“Clearly, there have been changes in society. I think University.
some of the law firms are doing better in trying to allow
people to have a proper work-life balance. Recognising US civil rights movement and parents
that lawyers do work in teams anyway, which is a really Looking back, her parents and family background set
important part of legal practice, and allows some flexi- strong foundations for a career in human rights law.
bility will help in the longer term. “My dad was a doctor and … my mother was a social
“That said, it’s never going to be done. Young men and worker for a while. Both were very interested in civil
women may have a different outlook on the world today, rights,” Professor Mathew says.
but it’s so easy to slide backwards. It’s incumbent on all “I was actually born in Boston. It was at the time of the
of us to keep working away at these issues.” civil rights movement. My parents, as young Australians,
were deeply affected by what African Americans were
Working with refugees fighting for. They realised there were things that really
Another issue which has paralleled Professor Mathew’s weren’t right at home for indigenous Australians.
career is the mandatory detention of refugees and “I think that has definitely stayed with me [and
asylum seekers. developed] an interest in human rights law.”
Hanging on her wall are a pair of black and white Several impressive teachers, including leading
photos taken at the Jesuit Refugee Service camps in Australian human rights professors Hilary Charlesworth
Hong Kong in the early 90s. A much younger Penelope and Gillian Triggs, also left their mark.
Mathew features in one of images. Behind her is a cor- Professor Mathew’s first refugee client, while a young
rugated iron building and tall barbed wire fences. The volunteer lawyer with the Refuge Advice and Casework
other image is a group of young, smiling children. The Service in Melbourne, was another important influence.
photos were from a three-month volunteer stint at the “He was a Somali refugee and he was trying to get his
camps, she explains. mother out. Just him describing the
“They’re kind of like airport hangars with three levels things that he’d seen in Somalia. You
on it,” she says of the camps’ makeshift buildings. could even see some of the signs of
“A family of four would have a 2m x 2m platform to torture on this man. His story was
sleep on. And they would be there for years. I often so terrible but compelling, and once
look at them [photos] and think about what happened you’ve listened to a story like that,
to the families. The stories that you heard were pretty you think: ‘Yes, I would really like
heartbreaking.” to be able to do something’.”
She recalls when Australia introduced its mandatory For Professor Mathew, that dedi-
detention laws in 1992. It was just before she left for cation to her beliefs has been pivotal
Hong Kong. to her 30-year-career. She has held
“I, as a young academic, had written my first con- senior teaching and administrative
ference paper on it, arguing that this was a violation roles at Melbourne University, the
of Article 9 of the International Covenant on Civil and Australia National University and
Political Rights. the University of Michigan. There
“I certainly became convinced that detaining people was also an advisory role for the
is not appropriate.” Australian Capital Territory Human
Subsequently, the UN Human Rights Committee Rights Commission.
– which supervised the treaty – found Australia vio- Young men Now, from the dean’s office at the
lated its terms. The decision was based on the case and women University of Auckland, she takes a
of a Cambodian asylum seeker. He was detained by may have moment to reflect.
Australian authorities for four years, Professor Mathew a different “I’ve moved around a lot,” she
says. outlook on the says. “I’ve looked for things that
The case also featured in the next phase of her career. world today, are interesting and challenging. I
While studying for a master’s degree at Columbia but it’s so think you need to find an area of
University, New York, she volunteered at the Lawyers’ easy to slide specialisation that you’re just really
Committee for Human Rights. She assisted with the backwards. passionate about, and for me it is
organisation’s submission on the arbitrary detention It’s incumbent refugee law.” ▪
of Vietnamese refugees for the United Nations. on all of us to
“It was all coincidental, but it all came together. It’s keep working Teuila Fuatai teuila.fuatai@
a great feeling when you’re developing expertise and away at these gmail.com is an Auckland-based
you’re able to use it to try and push things along and issues. journalist.
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PEOPLE IN THE LAW
PROFILE
Law firm tips
the scales and
takes out gender
diversity award
BY NICK
BUTCHER
review. You don’t stop the work just
It’s a significant achievement because you’ve been recognised as a
when a law firm gains a major leader in this area,” she says.
award for gender diversity in the
workplace, particularly when the What have they done?
culture of law firms has been a big Ms Fox credits the forward thinking
talking point over the past year or of the founding law firm partners,
so. Geoff Saunders, Lee Robinson and
At June’s Women in Governance Bill Brown, saying that the result
awards, Canterbury law firm doesn’t happen overnight but is
Saunders Robinson Brown the product of a philosophy that
took home the Gender Diverse has long been embedded in the firm.
Organisation of the Year Award. As managing partner, Anna Fox
They weren’t competing against worked alongside People Manager ▴ Nikki Harkerss (SRB People
law firms, but were up against Nikki Harkerss on various initiatives Manager), Hon Julie Anne
many non-law or mainstream that would enhance the workplace Genter (Minister for Women),
organisations. culture and equality. This included Anna Fox (SRB Managing
Reviewing the workplace culture making changes that would opti- Partner).
and creating strategies that cele- mise partner leadership with rela-
brate equality is something many tion to gender equity.
law firms have been working on “We don’t make it a barrier if a Each person in the firm is assigned
over the past year, so being judged woman is a part-time employee. So, someone who will be responsible for
the best when it comes to gender if they have a family and work, per- their professional development and
diversity against other non-law haps four days a week, partnership wellbeing, meaning they essentially
organisations is somewhat of a is still achievable. We’ve been clear have a mentor.
milestone for the profession. in setting our guiding principles and The programme was developed
As Saunders Robinson Brown our vision and one of the principles by Sean Larkan, principal of Edge
managing partner Anna Fox is a commitment to diversity in its International, which specialises in
explains, law firms have been wider sense. It’s not just about strategies for law firms of all sizes.
through a lot of negative publicity so gender. It’s about diversity in a range “So, people are professionally
this award should mean a lot to the of areas including background, eth- trained in positive leadership and
profession, perhaps even serve as nicity and religion,” she says. coaching skills. They use those skills
an inspirational message to others. Having someone to look up to to help the person they are mentor-
“We’re really proud. We’ve worked that inspires an employee has many ing achieve their goals in relation to
really hard on this. It’s one part of benefits including staff retention. progression as a lawyer within the
a journey we’ve been on for some Saunders Robinson Brown has firm,” Anna Fox says.
time. Gender diversity is something implemented an initiative they call She says if an employee is facing
you have to continue to work on and the Responsible Partner Programme. challenges at work, the Responsible
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