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ISSUE 938 · April 2020
Some practical tips
for lawyers working
from home
Page 68
Cutting your Judicial leadership Practising with Prorogation
own track: Chris on equal access to empathy and politics
Merrick justice for CALD
parties in courts
Page 18 Page 26 Page 44 Page 56
22
9
04 · F R O M T H E L AW S O C I E T Y | T H E I N N OVAT O R S
TE KĀHUI TURE 24 · Wayne Rumbles
▹ BY ANDREW KING
05 · N E W Z E A L A N D L AW S O C I E T Y |
TE KĀHUI TURE O AOTEAROA ACCESS TO JUSTICE
26 · Judicial leadership on equal
P E O PL E
access to justice for culturally
12 · On the Move
and linguistically diverse
68
46 PR O F I L E parties in courts ▹ BY MAI CHEN
18 · Cutting your own track: Chris
ACCESS TO JUSTICE
Merrick ▹ BY TEUILA FUATAI
35 · The rebirth of a civil legal aid
P E O PL E provider ▹ BY MARIA DEW
21 · Barristers.Comm establishes
ACCESS TO JUSTICE
Māori and Pasifika internship
36 · Developments
PR O F I L E
AML/CFT
22 · Ian Ross looks back over
41 · Developments
50 years in practice
▹ BY JACKI JEANMONOD PR A C T I S I N G W E LL
44 · Practising with empathy
PR O F I L E
▹ BY TIM GUNN
23 · Clive Elliott QC and the
climate change exhibition
90
88
A B O U T L AW TA L K
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the practice of law in New Zealand and represents Preparedness Act 2006 and because of the COVID-19
L AW TA L K O N L I N E
lawyers who choose to be members. The powers and pandemic. Two days later on 25 March a State of National
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2
Contents
TA L K I N G A B O U T M E N TA L H E A LT H PR A C T I C E 75 · L AW Y E R S C O M PL A I N T S S E RV I C E
46 · Wellbeing: Enough’s enough 65 · CPD as a Growth Opportunity
L E G A L I N F O R M AT I O N
▹ BY MARTIN WILSON ▹ BY SARAH ALDERSON
78 · Recent legal books
A LT E R N AT I V E D I S P U T E PR A C T I C E ▹ BY GEOFF ADLAM
RESOLUTION 68 · Some practical tips for
79 · W I LL N O T I C E S
50 · Assessing Risk ▹ BY PAUL SILLS lawyers working from home
▹ BY ROS MORSHEAD 81 · CLASSIFIEDS
U P D AT E — I N T E LL E C T UA L
PR O P E RT Y PR A C T I C E 83 · CPD CALENDAR
52 · When the confidential 70 · Client-centric legal
LIFESTYLE
information you disclose representation
86 · A New Zealand Legal
“sucks” ▹ BY KATE DUCKWORTH ▹ BY EMILY MORROW
Crossword ▹ SET BY MĀYĀ
U P D AT E — PR O P E RT Y PR A C T I C E
LIFESTYLE
54 · The new ADLS-REINZ agreement 72 · Parental leave for members
87 · Houston: space, history and
▹ BY THOMAS GIBBONS of barristers’ chambers
food ▹ BY JOHN BISHOP
▹ BY KATERINA WENDT
U P D AT E — C O N S T I T U T I O N A L L AW
AND GARRY WILLIAMS 90 · TA I L E N D
56 · Prorogation and politics
▹ BY WARREN PYKE TECHNOLOGY
73 · Phil Goff’s email account
PR A C T I C E
was... possibly... hacked
60 · Second Performance and
▹ BY DAMIAN FUNNELL
Wellbeing Study a valuable
picture ▹ BY GEOFF ADLAM
in hardcopy - the first time this has ever occurred. Instead,
it is available online and has been distributed by email
and through the Law Society's website. The printer of P E O PL E
LawTalk, Blue Star, has been designated as providing
PR E S I D E N T Tiana Epati D I G I TA L C O N T E N T E D I T O R DESIGNER
essential services, but the printing and distribution
by post or DX of this magazine does not constitute an Craig Stephen Sophie Melligan
V I C E PR E S I D E N T S
essential service. This issue retains the design and layout craig.stephen@lawsociety.org.nz sophie.melligan@lawsociety.org.nz
Herman Visagie (Central North Island)
of the hardcopy version and we hope that readers will Tim Jones (Auckland) C O M M U N I C AT I O N S A D V I S O R JUNIOR DESIGNER
find it as informative and useful to the practice of law as Andrew Logan (South Island) (SOCIAL MEDIA) Nina Gillanders
the 937 issues previously delivered in hardcopy. Jamie Dobson nina.gillanders@lawsociety.org.nz
CHIEF EXECUTIVE
jamie.dobson@lawsociety.org.nz
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L AW TA L K E D I T O R A N D
PO Box 5041, Wellington 6140, New Zealand Miranda Kaye advertising@lawsociety.org.nz
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DX SP 20202 miranda.kaye@lawsociety.org.nz
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editor@lawsociety.org.nz D I G I TA L C O N T E N T S P EC I A L I S T Blue Star, Petone, Wellington
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N E W Z E A L A N D L AW S O C I E T Y | T E K Ā H U I T U R E O A O T E A R O A
COVID-19: the potential
to thrive in uncertainty
The Law Society is providing, and
As this issue of LawTalk is will continue to provide, guidance
readied for release, we are watching and information as soon as it comes
the COVID-19 pandemic continue to to hand, particularly on how to keep
unfold around the globe. the wheels of justice turning. We are
In New Zealand, our history will doing this in close partnership with
record 11.59pm on 25 March 2020 other professional legal organiza-
as an historic moment, the exact tions, the judiciary and government
time our country went into an departments to ensure the advice
unprecedented national lockdown comes from trusted sources, has
to control the spread of this highly judicial support (where appropriate)
contagious virus. The steps being and is consistent.
taken by the Government, by the Regularly updated information
judiciary and courts, and by the Law is being provided on the dedicated
Society all have one unifying goal – COVID-19 page on our website. Our
to prevent the spread of COVID-19 Family Law Section, for example,
and thereby protect all of us, the have been working hard to provide
people we serve, our families and on-going practical guidance on the
our friends. vexing issue of obtaining affidavit
While this is undoubtedly the evidence for without notice priority
greatest collective fight of our life- proceedings. Further guidance was
time, now is the time for all of us to recently provided on filing unsworn
keep a cool head and respond to our affidavit evidence and other topi-
new circumstances with courage cal issues like shared custody
and fortitude. And come together arrangements.
as a united profession. We’re also providing additional
In the first few hours of putting services aimed at supporting our
out the call for volunteers to do pro members. One of these is our new,
bono work the Law Society and the free webinar series, designed to help Reaching out to another lawyer, who
NZBA had over 230 lawyers offering you respond to practising during may come from a different part of
their services. Since Level 4 was COVID-19 Alert Level 4. We have the profession, or be from a differ-
announced I have been humbled by already run a webinar on working ent generation, or area of law and
the collaboration occurring across effectively from home during a developing a professional mentoring
government, the judiciary and legal lockdown; and, a session with the relationship can offer great benefits.
organizations to literally paddle the Registrar General of Land and Chair It also unites us.
waka in unison. I am truly proud of Property Law Section on property Nobody understands better what
of the selflessness of Law Society matters arising in this unique time. it means to be part of our profession
staff, volunteers and governors to A key decision made by the Board than another lawyer, and a profes-
support the profession and the utter since Level 4 was announced by the sional problem or two shared, and
commitment from everyone to help Government is the expansion of our possibly solved, can keep you on
us all see this through. This all gives National Mentoring pilot to the track through what will no doubt
me confidence we can be united whole of the profession. The pilot be an arduous journey for many
and show the best of ourselves in has been running successfully for parts of our profession, country
this extraordinary time. Indeed, it the past nine months in Auckland and world.
gives me hope that we will not just and Christchurch. A national mentoring pro-
survive but thrive. Why mentoring, and why now? gramme can improve our collective
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Parliamentary
oversight important
safeguard for
secondary legislation
wellbeing, help us stay united, build The New Zealand Law Society | Te Kāhui Ture o
networks, and connect mentors and Aotearoa says the new framework governing secondary
mentees so they can develop the legislation is an important part of New Zealand’s con-
sort of adaptive thinking we will stitution, and changes to the framework would better
all need. support the accessibility and Parliamentary oversight
The mentoring programme will be of secondary legislation.
a professional support network that The Law Society presented its submission on the
complements the well-established Secondary Legislation Bill to Parliament’s Regulations
Friends Panel and the free counsel- Review select committee and recommended changes
ling that continues to be provided to ensure better coverage, and more safeguards on the
to the legal profession, and those process for exempting secondary legislation from the
working in legal offices, via Vitae. In usual requirements of publication, presentation and
addition to the Friends Panel, men- disallowance.
toring will assist with responding to “The bill has an important role in supporting the rule
some of the professional challenges of law – by ensuring that people can easily know what
which COVID-19 will throw up. the law is – and upholding the constitutional principle
While confidential and individual that Parliament is the supreme legislative power in New
focused counselling will provide the Zealand. The Law Society considers the bill could be
emotional support needed to build improved in two areas to better achieve those objectives,”
and maintain personal resilience. Law Society spokesperson Debra Angus said.
As this edition goes to virtual The bill substantially changes the current definition of
print, I will be arriving at my first ‘secondary legislation’, so that in the future, legislative
anniversary of being President of the instruments made under the Royal prerogative which
New Zealand Law Society (having are not already listed, will not have to be published
taken up the role on 10 April 2019). I and will not fall under Parliament’s oversight. Unlike
can honestly say I have never been other secondary legislation, these instruments are made
prouder to lead the Law Society, and under the Sovereign’s common law powers, not under
be part of, the profession than right a power delegated by Parliament.
now. My favourite John F Kennedy “This has significant implications. The Law Society
quote is that “we do these things, has consistently highlighted the need to ensure that all
not because they are easy, but instruments with legislative effect should be published
because they are hard….and they and subject to Parliament’s oversight,” Ms Angus said.
need to be done”. We will do what The Law Society also recommends greater scrutiny
needs to be done. of the proposed regime allowing exemptions from the
He waka eke noa, kia kotahi te requirement for secondary legislation to be published,
hoe o te waka – we are in the same presented to the House and subject to Parliament’s
waka and we need to continue to disallowance procedures.
paddle as one. “Any such exemptions should be rare. It is not clear
Keep safe and strong everyone. that all the proposed exemptions in the bill are justi-
Our community is going to need us, fied. The committee will need to be satisfied that each
and we will need each other, in the exemption is legitimate and no broader than necessary,”
challenging months ahead. Ms Angus said.
The Law Society recommends incorporating a report-
Tiana Epati, President ing system in the bill to ensure that exemptions are
New Zealand Law Society | Te Kāhui properly applied, to provide an appropriate level of
Ture o Aotearoa transparency. ▪
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N E W Z E A L A N D L AW S O C I E T Y | T E K Ā H U I T U R E O A O T E A R O A A pril 2 0 2 0 · L AW TA L K 9 3 8
Steering group appointed for review of
statutory framework for legal services
Brennan; barrister Paul Collins;
The New Zealand Law Society | and Wakatū Inc Chief Executive,
Members of the
Te Kāhui Ture o Aotearoa is under- Kerensa Johnston. The Law Society
Steering Group
taking an independent review of Board’s independent observer, Jason
the statutory framework for legal Pemberton, is also on the group. Whaimutu Dewes (Chair) of Ngāti
services, including the structure and “We are delighted to have Porou and Ngāti Rangitihi descent,
functions of the Law Society. appointed a group of high-calibre has an intense interest in the role
Law Society President Tiana Epati individuals with a strong and varied of economics and governance in
said the review was launched in skill base. They bring substantial New Zealand and Māori economic
response to the constraints the credibility to this important work,’’ development. He has worked as a
current Lawyers and Conveyancers says Ms Epati. lawyer at the Ministry of Justice and
Act 2006 places on the Law Society’s The group’s main task is to pro- is currently a member of the board
ability to be transparent about our vide the Law Society with a com- of Contact Energy and the Chairman
complaints process, and to deal prehensive terms of reference. The of Ngāti Porou Forests, Aotearoa
with a broad range of unacceptable terms of reference will then form Fisheries and Sealord Group and
behaviour, including complaints the basis of the substantive review, Ngāti Porou Seafoods. He is also a
of sexual harassment and bullying she said. member of the Major Outsourced
within the profession. “It’s important to ensure the Contracts advisory board to the
Ms Epati last month announced terms of reference is sufficiently Department of Corrections. Previous
the seven-member steering group wide and forward looking. The directorships include the Ngāti
who will develop a terms of refer- steering group will consult widely Porou Holding Company, Housing
ence for the Law Society’s review with both the profession and New Zealand, Television New
of the Act. stakeholders to produce a terms of Zealand and the Advisory Board to
The steering group will be chaired reference that identifies the main the Treasury and to AMP. Whaimutu
by businessman Whaimutu Dewes. areas of representation and regu- has also held senior management
The other members are former lation that need to be addressed in roles at Fletcher Challenge and
Consumer New Zealand Chief the review.’’ the Department of Māori Affairs.
Executive, Sue Chetwin; Otago Everyone will have an oppor- Whaimutu has been instrumental
University Associate Professor, tunity to respond to the steering in developments in New Zealand
Selene Mize; Chief Legal Adviser group in some way, Ms Epati says. constitutional law, particularly
at the Ministry of Business, More information about this will be the recognition of property rights
Innovation and Employment, Ann shared soon. of Māori people secured under
the Treaty of Waitangi and setting
up the governance and execution
structures to realise the economic
outcomes from that process. He has
also negotiated long term and sig-
nificant joint venture arrangements
and now oversees joint ventures
Paul Moriarty BSc FCA F Fin MInstD
between international and Māori
T 09 363 3700
companies in the fields of forestry
M 022 107 5787
www.moriartyassociates.co.nz
and carbon sequestration as well
as seafood harvest and marketing
globally.
Expertise • Experience • Independence Sue Chetwin is the former
Chief Executive of Consumer New
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Whaimutu Sue Selene Ann Paul Kerensa Jason
Dewes Chetwin Mize Brennan Collins Johnston Pemberton
Zealand, a role she held for almost She is responsible for the provision Zealand: Lawyers and Conveyancers.
13 years, and is widely recognised of all legal services to MBIE as well Kerensa Johnston of Ngāti Tama,
for her work as a consumer advo- as MBIE’s integrity and privacy Ngāruahine and Ngāti Whāwhakia
cate. Sue joined Consumer New functions. Ann leads a team of about descent, is the Chief Executive of
Zealand after more than 25 years 90 lawyers and technical specialists Wakatū Inc. She has worked as a
in print journalism; she has been who support a broad and diverse solicitor in the private sector and
editor of all of the country’s Sunday business focused on growing the as a legal academic in the Faculty of
newspapers. She is a member of the New Zealand economy to provide a Law, University of Auckland, where
Banking Ombudsman Scheme and better standard of living for all New she specialised in Māori legal devel-
on the boards of both the Financial Zealanders. In addition to general opment, public law, land law and as a
Markets Authority and the Food management experience, Ann has barrister. Kerensa has a BA in History
Standards Australia New Zealand considerable governance experience and an LLB from Victoria University
Authority. Sue is currently chairing as a board secretary, director and and a Master of Laws in International
a review of the .nz domain names member of a range of Government Law (First Class Honours) from the
space for InternetNZ. governance and advisory boards. University of Auckland. She is the
Selene Mize is an Associate Early in her career Ms Brennan was Chair of the board for Ngā Pae o te
Professor of Law at the University a litigator with Kensington Swan Māramatanga, the Māori Centre of
of Otago in Dunedin. She has a BSc and Chapman Tripp. Ann was Senior Research Excellence. She is a member
from Northwestern University and Counsel at Westpac for six years. In of the Association of Corporate
a JD from Stanford Law School. 2007 she was appointed General Counsel, ILANZ, the in-house lawyers’
Prior to shifting to New Zealand in Counsel of the Public Trust where section of the Law Society, and Te
1985, she clerked for the US Courts she was a member of the executive Hunga Rōia Māori o Aotearoa.
of Appeals in New York, and then team and responsible for the legal, Jason Pemberton, Law Society
practised law in the media litigation risk, compliance, regulatory affairs Board independent observer, is an
department of a major international and customer quality functions. independent director, entrepreneur,
law firm. Selene is a past fellow of Paul Collins is a barrister at and multidisciplinary artist based
the National Institute for Teaching Shortland Chambers, Auckland, in Ōtautahi Christchurch. He was
Ethics and Professionalism, and with wide experience in areas of instrumental in the establishment
has trained judges through the professional discipline and regu- of the Student Volunteer Army that
Institute for Judicial Studies and lation in the legal profession. He arose in response to the Canterbury
mediators for the Samoan Lands and has prosecuted numerous cases earthquakes and now manages a
Titles Court. She has served on the in the Disciplinary Tribunal and small portfolio of governance and
Executive Board of the International has appeared in the senior courts teaching roles with charitable, regu-
Association of Legal Ethics, co-or- in cases involving discipline and latory, and purpose-for-profit organ-
ganised the Australia-New Zealand regulation of the legal profession. isations. In late 2018, Jason joined
Legal Ethics Colloquium in 2012, He was a convenor of the National the board of the New Zealand Law
and has contributed to a number Standards Committee for nine years Society as an independent observer,
of international working groups on and has been involved in standards the first non-lawyer at the govern-
regulating lawyers. She was the New committee and practice approval ing table in its 150-year history.
Zealand Law Journal’s commentator committee training since the outset Jason’s professional background
on legal ethics from 2010-2018. of the Lawyers and Conveyancers includes emergency management,
Ann Brennan is Chief Legal Act. He is a contributing author to sales, community development,
Advisor at the Ministry of Business, Professional Responsibility in New adult education and music, having
Innovation and Employment, a posi- Zealand (LexisNexis) and was con- initially trained in human resource
tion she has held since May 2013. sulting editor for The Laws of New development and psychology. ▪
7
N E W Z E A L A N D L AW S O C I E T Y | T E K Ā H U I T U R E O A O T E A R O A Sexual violence trial reforms must strike the right balance The New Zealand Law Society | Te Kāhui Ture o Aotearoa says it supports efforts to reduce retraumati- sation for sexual violence complainants, but proposed law changes need to strike the right balance between ensuring complainants are treated fairly and upholding the fundamental right to a fair trial. The Law Society presented its submission on the Sexual Violence Legislation Bill to Parliament’s Justice select committee and recommended some changes to the bill about the way complainants and witnesses give evidence in sexual violence trials. ▴ The New Zealand Law Society Building was built “The Law Society supports efforts to ease the burden from 1962–1965 on vulnerable complainants of giving evidence but is DW-1289-F. Alexander Turnbull Library. concerned aspects of the bill erode fair trial rights,” Law Society spokesperson Chris Macklin said. “It is essential this law change ensures all participants Law Society sells are treated fairly, so that justice is not only done but seen to be done and fundamental fair trial rights are upheld. national office building “The bill substantially changes the way sexual violence complainants and witnesses give evidence, including by allowing greater use of pre-recorded evidence and The New Zealand Law Society | Te Kāhui Ture o cross-examination. It attempts to strike an appropriate Aotearoa has sold its national office building at 26 Waring balance on difficult issues, but some of the reforms will Taylor Street, Wellington to The Wellington Company. cause serious difficulties in practice.” The settlement date was 31 March 2020. The Law Society believes changes to the bill are needed The Law Society moved out of the building in July 2019 to ensure that pre-recording evidence does not erode after a Detailed Seismic Assessment revealed that part defendants’ right to a fair hearing of the criminal charges of the building was earthquake prone. While the Law against them. Society has owned the building, which was constructed “The Law Society is particularly concerned the reforms in the early 1960s, the land it sits on is leasehold and is will place extra strain on the criminal justice system owned by Wellington City Council. where resources are already stretched thin. All criminal “We are very pleased to have reached agreement practitioners – defence lawyers and prosecutors – we on sale of our former national office to The Wellington consulted expressed grave concerns about delays in trial Company,” Law Society Chief Executive Helen Morgan- courts and processes, and system-wide improvement Banda said. is required before these reforms can feasibly be imple- “The building has served the Law Society and New mented,” Mr Macklin said. Zealand’s legal profession well for five decades. The Law Society broadly supports the bill’s changes “The Law Society will be moving into a new national to the way victim impact statements are presented to office it has leased in Wellington’s Brandon Street later the court and has recommended some amendments this year. This is currently being strengthened to 130% to support this. ▪ of the National Building Standard.” ▪ 8
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Law change not necessary to
protect first responders
Neild says. treat the victim’s status as a first
Law changes being proposed to “New Zealand’s criminal statutes responder or prison officer as an
provide protection for first already include specific offences aggravating factor, which can then
responders and prison officers are for assaults on police and other be applied to the full spectrum of
well-intentioned, but New Zealand’s responders, and the courts have a assault charges.”
criminal law system already pro- discretion to take the status of the The Law Society also questioned
vides this protection. victim – police and prison officers, the bill’s scope and terminology,
The New Zealand Law Society | and emergency health or fire service including the justification for lim-
Te Kāhui Ture o Aotearoa says these personnel at emergency scenes iting the protections to a specific
changes would add unnecessary – into account as an aggravating group of ‘first responders’. If the bill
confusion and inconsistency. factor at sentencing,” he says. is to proceed, advice and drafting
The Law Society has presented The Law Society says the new assistance will be needed to ensure
its submission on the Protection for offence, with a maximum penalty the law changes are in fact fit for
First Responders and Prison Officers of 10 years’ imprisonment, would purpose.
Bill to Parliament’s Justice select also introduce unnecessary and “However, the Law Society con-
committee, saying the member’s unhelpful complexity in sentencing. siders the bill to be fundamentally
bill is unnecessary and should not “It would double the maximum unnecessary and recommends that
proceed. penalty for one type of assault it not be enacted. If amendment of
“The bill seeks to provide greater (injuring with intent to injure) New Zealand’s criminal law is con-
protection to first responders and but not for other assault offences sidered necessary, the better course
prison officers, by creating a new where the victim is a first responder would be for the government to
criminal offence and expanding or prison officer. The Law Society introduce a bill so that the reforms
existing offences. While this is an considers this is not justified,” Mr can be properly informed by policy
understandable aim, it is not neces- Neild says. analysis from officials and drafting
sary to amend legislation to achieve “It would be preferable to use the support from experienced parlia-
it,” Law Society spokesperson David current legislative mechanisms to mentary drafters,” Mr Neild says. ▪
Emergency Zealand Law Society | Te Kāhui Ture The Law Society says it recognises
o Aotearoa says. the potential public safety benefits.
caller location The Office of the Privacy Com- However, to justify a more intrusive
missioner has proposed an amend- system, any proposed changes
privacy ment to the Telecommunications should have sufficiently strong
Information Privacy Code 2003. oversight mechanisms to curb any
safeguards This extends the emergency caller actual or potential abuse.
location information system by It says the new powers are exten-
suffice facilitating the active collection of sive, increasing the risk of potential
location information from devices misuse or abuse. Strong oversight
where necessary to prevent or mechanisms are required and, as
lessen a serious threat to the life or suggested, it is appropriate that
Privacy safeguards included in health of an individual. While the the Privacy Commissioner regularly
the proposed changes to the emer- system will still require the exist- reviews emergency providers’ logs
gency caller location system appear ence of an emergency, this would no of disclosures and retains the power
to be sufficient, with strong over- longer be contingent on the making to amend the code to prevent poten-
sight mechanisms required, the New of an emergency call. tial or actual abuse. ▪
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N E W Z E A L A N D L AW S O C I E T Y | T E K Ā H U I T U R E O A O T E A R O A A pril 2 0 2 0 · L AW TA L K 9 3 8
Focus on the Rule
of Law Committee
inquiries.
The Lawyers and Conveyancers Isaac Hikaka is a partner with
Comments Act 2006 requires that every lawyer Auckland firm Lee Salmon Long.
must uphold the rule of law and He specialises in trusts, relationship
made on facilitate the administration of jus- property, South Pacific law, electoral
tice. The New Zealand Law Society | law, public law and sports disputes.
purchase price Te Kāhui Ture o Aotearoa has always A permanently admitted member
spoken out as a defender of the rule of the Cook Islands bar, Isaac also
allocation of law. appears in domestic and interna-
The Rule of Law Committee was tional arbitrations and has extensive
proposals established in 2007 to acknowledge experience in electoral petitions.
the duty in the 2006 Act. Among the Professor Philip Joseph is a
committee’s terms of reference are member of the University of Can-
The New Zealand Law Society | requirements to advise and assist terbury School of Law and is author
Te Kāhui Ture o Aotearoa has com- the legal profession in meeting that of the definitive Constitutional and
mented on proposals in a tax policy obligation, to monitor and respond Administrative Law in New Zealand,
issues paper relating to the current to rule of law issues, to maintain which is now in its fourth edition,
law on taxation and purchase price a neutral political position, and to with the fifth edition to publish this
allocation. It says it has reservations respond, as appropriate, to requests year. He has taught and written
about the proposal that in various for advice and assistance from inter- extensively on constitutional and
circumstances the vendor should set national legal associations on rule administrative law, and holds a
the values allocated to the assets, of law issues. The committee also practising certificate as a barrister,
and that the purchaser should be is required to promote the contin- specialising in public law cases.
required to use the values deter- ued separation of the legislative, Sir Geoffrey Palmer QC now
mined by the vendor. executive and judicial functions practises from Harbour Chambers in
“This proposal would seem to of government and, in particular, Wellington. Since his admission as a
put too much power in the hands to promote and protect judicial solicitor in 1965 he has been Prime
of the vendor, and to leave the independence. Minister, Attorney-General, Minister
purchaser at risk of being unable Austin Forbes QC has been of Justice, a law professor in New
to determine its tax position on convenor of the committee since Zealand and the United States, Law
completion of the transaction,” it its establishment. Admitted in Commission President and a public
says. “The proposal assumes that February 1970, Austin was a litiga- law practitioner. He has written and
a purchaser who objects to the tion partner at Duncan Cotterill in taught extensively on constitutional,
vendor’s allocation will be able to Christchurch until 1990 when he international, privacy and resource
renegotiate the price, or to postpone began to practise as a barrister sole. management law.
entering into an agreement until the He was New Zealand Law Society James Wilding QC is Convenor of
allocation is resolved. However, in President from 1994 to 1997 and was the Mental Health Review Tribunal.
practice these assumptions may be appointed Queen’s Counsel on 27 He practises in the areas of child,
unrealistic. Officials should consider May 1996 and awarded the CNZM human rights and public law,
whether the proposed procedure for in 1997. He specialises in commercial relationship property, trusts and
resolving disputes will be unduly and civil litigation. legal ethics. He is a member of the
time-consuming and unpredictable.” The other committee members are: Legislation Design and Advisory
The Law Society also says it would Gregor Allan is a Wellington bar- Committee.
be desirable for the law to provide rister at Port Nicholson Chambers, Professor Geoff McLay is a
for a series of default rules for specialising in public and criminal member of Victoria University
allocating values. It outlines how law. He has extensive public sector of Wellington’s Faculty of Law.
this could be done with four default experience, including as a Crown He was a Law Commissioner
rules for trading stock, depreciable Counsel, Ministry of Justice policy from 2010 to 2015, is editor of the
property, other revenue account manager, public sector in-house New Zealand Law Reports and
property, and also for non-depre- counsel and Crown Prosecutor. is chair of the Legislation Design
ciable capital property. ▪ He has particular experience with Advisory Committee’s external
10L AW TA L K 9 3 8 · A pril 2 0 2 0 N E W Z E A L A N D L AW S O C I E T Y | T E K Ā H U I T U R E O A O T E A R O A
subcommittee. represent clients no matter what they are charged with, 2021 events needed additional
Christopher Griggs is a Welling- and who speak out against oppression and violation of safeguards and public scrutiny
ton barrister at Barristers.Comm. His human rights. of the powers to be given to the
main focus is civil and commercial Committee member Geoff McLay presented the Law armed forces and APEC security
litigation, but his experience Society’s submission on the Terrorism Suppression staff. The bill grants significant
includes criminal, aviation, mari- (Control Orders) Bill to the Foreign Affairs, Defence coercive powers to members of
time, military and international law. and Trade select committee on 14 November 2019. He the armed forces and APEC security
He is an Honorary Senior Fellow of recommended a number of significant changes and staff and departs from the usual
the Australian National Centre for said the bill was being rushed through Parliament with constitutional restriction against
Ocean Resources and Security and a inadequate justification and insufficient scrutiny. using the armed forces to support
director of the International Society Committee member Chris Griggs presented the Law Police law enforcement. The Law
for Military Law and the Law of War. Society’s submission on the Asia-Pacific Economic Society recommended that the role
Sarah Jerebine is an Auckland Cooperation (APEC 2021) Bill to the Foreign Affairs, of the armed forces, APEC security
barrister at Bankside Chambers. Defence and Trade select committee on 13 February staff and foreign protection officers
She is an experienced civil litigation 2020. He said that legislation to support safety and in the APEC 2021 security operation
lawyer, with particular experience security for world leaders and others attending APEC be carefully considered. ▪
in public law and commercial liti-
gation. Over the last decade she has
acted primarily for the Government
as Crown Counsel.
Some recent initiatives
The committee monitors develop-
ments relevant to the rule of law
both domestically and internation-
ally. Over the past year it has made
public statements drawing attention
to rule of law concerns. The trial of 12
people without legal representation in
Nauru’s Supreme Court was seen as
an extraordinary breach of legal rights
and the rule of law, with a statement
to that effect released on 5 December
2019. Convenor Austin Forbes QC was
interviewed by New Zealand and
Australian media several times during
the trial process. The committee also
wrote to Justice Minister Andrew
Little and Foreign Affairs Minister Revenue tax policy consultation,
Winston Peters to urge New Zealand Unclaimed Unclaimed money, it says the
government involvement. changes which are proposed are
The International Day of the money welcome and long overdue. These
Endangered Lawyer on 23 January include removing the need to main-
2020 was also marked with a state- changes tain physical registers, reducing
ment by Mr Forbes. “Every year New the period of time before money is
Zealand consistently ranks highly in welcome and deemed unclaimed, and improving
the World Justice Project’s Rule of Inland Revenue’s ability to match
Law Index. This is something which long overdue unclaimed money with people.
all New Zealanders should value,” he The Law Society says the pro-
said. “We can speak out or criticise cesses and legislation associated
our government, our justice system Modernising the practical oper- with unclaimed money are rele-
and other institutions without fear ation of the Unclaimed Money Act vant to all lawyers holding a trust
of arrest or violence.” 1971 is necessary and overdue, the account. There are currently 1,350
However, he said, the New New Zealand Law Society | Te Kāhui such trust accounts, and lawyers
Zealand Law Society recognises Ture o Aotearoa says. The Act is would welcome any improvements
the courage of lawyers around the outdated and difficult for users to to the current system for payment
world in countries where the rule of navigate. which increases administrative ease
law is less secure, who continue to Commenting on an Inland and convenience. ▪
11P E O PL E A pril 2 0 2 0 · L AW TA L K 9 3 8
PEOPLE
On the Move
jurisdiction of the Family Court for a term has an LLB and BSc and previously worked
of one year commencing on 2 March 2020. for a regional council and has particular
Acting District Court
David McCaw Wilson QC , retired experience with resource consents.
Judges appointed
District Court Judge, has been appointed
The appointments of a number of Acting an Acting District Court Judge and also
District Court Judges have been gazetted. to exercise the jurisdiction of the District
Tracy Chubb now at Old
Jocelyn Frances Munro, retiring District Court under section 354(3) of the Criminal
South British Chambers
Court Judge, has been appointed an Acting Procedure Act 2011 for a term of two years
District Court Judge and also to exercise the commencing on 2 March 2020. Tra c y C h u b b has
jurisdiction of the Family Court for a term joined Old South
of two years commencing on 16 November British Chambers in
2020. Judge Munro was appointed to the Auckland. Admitted as
Two join Wynn Williams
bench on 11 July 2007. a barrister and solicitor
Philip Richard Connell, retiring District Penny Birch has joined in May 2000, she has
Court Judge, has been appointed an Acting Wynn Williams as a considerable litigation
District Court Judge and also to exercise senior associate in experience, in both
the jurisdiction of the District Court under the national corporate general civil law and family law (including
section 354(3) of the Criminal Procedure Act and commercial team, relationship property and parenting dis-
2011 for a term of two years commencing based in Auckland. putes). Tracy particularly enjoys how civil
on 14 August 2020. Judge Connell was Penny advises on a law issues such as company law and debt
appointed to the bench on 12 April 2000. broad range of cor- recovery often intertwine with relationship
Ian Grant Mill, retiring District Court porate and commercial work, including property, estate and trust disputes.
Judge, has been appointed an Acting commercial contracting, mergers and
District Court Judge and also to exercise acquisitions, consumer law, franchising
the jurisdiction of the District Court under and licensing. She works with clients on
Two promotions at
section 354(3) of the Criminal Procedure all aspects of supply chain, including pro-
Pegasus Bay Law
Act 2011 for a term of two years commenc- curement, manufacturing, transport and
ing on 20 October 2020. Judge Mill was logistics. Penny was admitted in December Canterbury-based firm Pegasus Bay
appointed to the bench on 15 January 1998. 2016. Law has promoted two lawyers in its
John Gordon Adams, retired District Tegan Wadworth Christchurch and
Court Judge, has been appointed an Acting joined the firm in Kaiapoi offices.
District Court Judge and also to exercise the November 2019 and is a Anneliese Muldoon
jurisdiction of the Family Court for a term law clerk in the national has been promoted to
of one year commencing on 2 March 2020. resource management Associate. Anneliese
Robert James Murfitt, retired District and environmental joined the firm in 2018
Court Judge, has been appointed an Acting law team based in and is a member of the
District Court Judge and also to exercise the Christchurch. Tegan conveyancing team.
12L AW TA L K 9 3 8 · A pril 2 0 2 0 P E O PL E
Admitted as a barrister and solicitor in She has a particular focus on commercial
March 2015, she is based in the Kaiapoi property, complex refinancing and resi-
Simon Gyenge
office, specialising in residential transac- dential transactions, commercial leasing
becomes Associate
tions, wills and enduring powers of attorney. and local government property. She also
Jess Voysey has been assists the firm’s private clients with the Lyon O’Neale Arnold
promoted to Associate. establishment and maintenance of trusts, Lawyers has announced
Jess was admitted in wills and enduring powers of attorney. the promotion of Simon
August 2017 and joined Michelle Urquhart is a Senior Solicitor Gyenge to Associate.
the firm in 2018. She is a based in the Rotorua office. Michelle has Simon has been a solic-
member of the convey- also worked for the Ministry of Justice itor with LOA for five
ancing team, based in as a Disputes Tribunal referee and as years having completed
Christchurch. Jess has a mediator, assessor and lecturer at Te a conjoint Bachelor
developed expertise in both residential and Piringa Law Faculty of Waikato University. of Law and Science at the University of
small business transactions. Michelle mediates in a wide range of civil, Auckland. He specialises in business and
consumer, property, rural, employment and commercial law, property law and trusts
commercial disputes. She has a particular and succession planning.
interest in cross-cultural disputes and has
Former lawyer new
specific expertise in employment and
Police Commissioner
immigration matters.
Lisa Hansen appointed
Andrew Coster has been appointed Police Charlotte Lunt has joined the firm as a
Chief Gambling
Commissioner for a Solicitor in the Hamilton office. Charlotte
Commissioner
five-year term begin- is a member of the disputes resolution
ning on 3 April 2020. He team with a focus on relationship property, Wellington barrister Lisa Hansen has been
takes over from retiring family law and civil litigation. Before join- appointed Chief Gambling Commissioner.
Commissioner Mike ing Tompkins Wake, Charlotte spent two Ms Hansen’s appointment is for a term
Bush. Mr Coster has years at a boutique law firm in Auckland beginning on 16 March 2020 and ending
an LLB(Hons) from the specialising in construction disputes. on 30 November 2022.
University of Auckland Wendy Embling has joined the firm Admitted in December 1992 after grad-
and a masters degree in public manage- as Associate in the environmental and uating BA(Hons) and LLB(Hons) at the
ment. He graduated from the New Zealand resource management team in the University of Otago, Ms Hansen worked at
Police College in April 1997 and worked in Hamilton office. Wendy brings more than Caudwells in Dunedin and the Department
various frontline and investigative roles 10 years’ experience in resource manage- of Conservation before joining the Crown
until he was admitted as a barrister and ment and local government law for both Law Law Office in Wellington. After work-
solicitor in 2004. This was followed by a local authority and private sector clients. ing 13 years as a Crown Counsel, Ms Hansen
period working as a solicitor with Crown With a background in top tier national became a barrister sole in February 2010.
Solicitor Meredith Connell. In 2016 he law firms, Wendy has represented coun- She specialises in civil and commercial
was seconded to the Ministry of Justice cil and corporate clients in plan reviews dispute resolution.
as Deputy Chief Executive, where he led and resource consent applications before
the development of a five-year plan to councils and the Environment Court.
modernise courts and tribunals. Juliet Short has joined the Auckland
Dundas Street announces
office as a Senior Associate. Juliet is an
two new lawyers
experienced corporate and commercial
lawyer, advising clients across a wide Two lawyers have
Tompkins Wake appoints
range of matters including business estab- joined Dundas Street
five new lawyers
lishments and restructuring, mergers and Employment Lawyers
Tompkins Wake has added five new law- acquisitions, and drafting and negotiating in Wellington.
yers across three of their four offices. commercial contracts. Juliet has first-hand Alice Anderson, Ngāi
Jasmine Findlater is a Senior Solicitor in experience working in-house, having been Tahu, graduated in 2016
the Rotorua office and is a member of the seconded to large companies in the insur- and developed experi-
property and private client and trust teams. ance and primary industry sectors. ence in employment,
13P E O PL E A pril 2 0 2 0 · L AW TA L K 9 3 8
as well as immigration and Māori legal financial services litigation and profes-
issues before following her passion for sional negligence disputes.
Juno Legal expands team
employment law to Dundas Street. She
is a member of Te Hunga Rōia Māori o Two new lawyers have joined NewLaw
Aotearoa, the Māori Law Society, and has firm Juno Legal with, Sabina Bickelmann
Three more senior
previously sat as a regional representative in the Auckland team and Sarah Dalziell-
appointments for
on their national executive committee. Clout in the Wellington team.
Russell McVeagh
Megan Vant has Sabina Bickelmann is a technology,
returned to Dundas Russell McVeagh has employed three senior commercial and pri-
Street after a four-year lawyers in the property and construction vacy lawyer who was
absence during which and litigation practice areas. most recently General
she raised children, Special Counsel Spencer Naicker has Counsel and Company
was heavily involved joined the firm’s property and construction Secretary with global
in running her local practice from South African-based firm, tech company Vend.
playcentre, and set up Bowmans. He is a specialist front-end con- Sabina was also pre-
a charitable trust aimed at helping tamariki struction and infrastructure practitioner. viously New Zealand
to learn te reo Māori. In her spare time, Spencer has drafted construction contracts Lead Counsel for Pfizer after commencing
she studied te reo Māori. Megan originally for a range of different projects (both balance practice in large law firms in New Zealand,
joined the team in 2011 and has experience sheet funded and project financed) and has London and Cayman Islands. Sabina is dual
in all aspects of employment law. She advised on transactions, from a construction New Zealand and Australian qualified,
has also worked in both central and local law perspective, across various sectors. holds an LLB from Auckland University
government organisations. Special Counsel Brigette Shone has and is a Certified Information Privacy
moved from Baldwins Intellectual Property Professional.
to join Russell McVeagh’s litigation prac- Sarah Dalziell-Clout is a technology,
tice in Auckland. Brigette specialises in media and telecom-
Marie Dyhrberg QC new
commercial litigation and all areas of munications, banking
ADLS Inc President
intellectual property dispute resolution and and commercial lawyer.
Marie Dyhrberg QC has been elected advice, including consumer law matters. She was previously
President of ADLS Inc for a one-year term. Senior Associate Patrick Tumelty is a a legal and contract
Admitted in October 1982, Ms Dyhrberg was litigator. He recently moved from London- management lawyer
appointed Queen’s Counsel in June 2014. based Herbert Smith Freehills. He has with Alcatel-Lucent
She specialises in criminal law and was specialist knowledge in health and safety, (now Nokia) and
the first woman to chair the International commercial litigation, insurance, and Senior Commercial Advisor with Gen-i.
Bar Association’s criminal law committee professional negligence. Patrick worked Sarah commenced practice in a large
and first woman President of the Criminal on several high-profile cases in the UK, New Zealand law firm before heading to
Bar Association. She takes over from Tony including advising Chevron in respect of London to move in-house with Lloyd’s
Bouchier as president. a Health and Safety Executive investigation TSB. Her most recent role was as High
arising out of the well-publicised Pembroke Performance Director with Equestrian
refinery explosion in Wales in 2011. Sports New Zealand.
Kirsten Massey joins
Russell McVeagh Morrison Mallett
partnership appoints new partner Rebecca Steens joins
Holland Beckett Law
Kirsten Massey has Specialist commercial law advisory prac-
joined the Russell tice Morrison Mallett has announced the Rebecca Steens has joined Holland
McVeagh partnership. appointment of Luke Walker as partner. Beckett Law’s civil litigation and dispute
Admitted in September Luke has 20 years’ expertise in all matters resolution team, based in the Tauranga
2000, she was a clerk of finance, from assisting clients with their office. Rebecca was admitted as a barris-
at the Court of Appeal banking arrangements to developing ter and solicitor in June 2013 and has a
and then an associate at complex, bespoke lending and security range of expertise in general civil litigation
Russell McVeagh before arrangements with private lenders. He has matters. Before joining Holland Beckett
moving to London in 2004. She worked at also acted for several high-profile property Law she spent four years working for an
international firm Herbert Smith Freehills developers on acquisitions and disposals international offshore firm based in the
in London for nearly 15 years, the last 10 of their commercial property portfolios, Channel Islands.
as a partner. Kirsten is a commercial lit- including advising on greenfield devel-
igation and dispute resolution specialist, opments. Luke will be based in Morrison
with particular expertise in class actions, Mallett’s Wellington office.
14L AW TA L K 9 3 8 · A pril 2 0 2 0 P E O PL E
commenting on Government legislation
proposals, and assisting local authorities
McElroys announces Lowndes announces
with the passage of legislation through
new partner addition to commercial
Parliament.
property team
Andrew Colgan has Rebecca Rendle
joined McElroys’ part- Grania Clark has joined Lowndes as is based in Simpson
nership. Andrew first Principal in the commercial property team. Grierson’s Auckland
joined the firm in 2010. Grania works with commercial property employment law group.
He is experienced in a clients and public bodies advising on sub- She advises clients on
range of areas of prac- divisions, land development, commercial all aspects of employ-
tice, with a particular and residential property transactional ment law, specialising
emphasis on maritime agreements, commercial leasing, acquisi- in personal grievance
law and marine insurance, as well as tions and infrastructure agreements. She claims, restructuring, holiday pay com-
professional indemnity and general lia- also gives advice under the Public Works pliance and remediation, disciplinary,
bility. Andrew will be leading the firm’s Act, Building Act, Overseas Investment and performance management processes.
Marine team, while also continuing to Act, Unit Titles Act and the Resource Rebecca is also actively involved in calling
represent clients on the other aspects Management Act. for a reform of the Holiday Act legislation
of his practice. and assists a number of large employer
clients on compliance and remediation
programmes, including in their dealings
Simpson Grierson
with the Labour Inspectorate.
Stuart Harray joins appoints partners,
Simpson Grierson has also appointed
Bingham Centre senior associates and
eight new senior associates.
Development Board senior solicitors
Alice Poole is
Former Russell McVeagh partner Stuart Simpson Grierson has announced the a member of the
Harray has been invited to join the appointment of three partners. Auckland commercial
Development Board of the UK-based Shanti Frater is litigation group and
Bingham Centre for the Rule of Law. The based in the Auckland advises across a range
centre was founded in 2010 with the objec- construction group. She of contentious matters,
tive of promoting and enhancing the rule specialises in drafting including regulatory
of law worldwide. tender and contract investigations and
Stuart is co-head of the London corpo- documentation for court proceedings. She was admitted as
rate team of international law firm Milbank construction projects a barrister and solicitor in June 2012 and
LLP. His practice covers international and of all sizes, as well as has particular expertise handling complex
domestic corporate and M&A. the resolution of construction disputes commercial disputes.
After graduating with an LLB(Hons) through adjudication, mediation, arbi- Amanda Stephenson is in the
from the University of Canterbury, he was tration, and other forms of alternative Wellington commercial
admitted as a barrister and solicitor of the dispute resolution. Shanti spent six years group. She advises on
High Court of New Zealand in 1988. After with a top litigation firm in Canada before a wide range of com-
starting at Russell McVeagh he travelled to joining Simpson Grierson in 2009. She mercial and corporate
London and worked with Allen & Overy has been involved in numerous complex issues for both public
from 1991 to 1993 and was admitted as a adjudications, ranging from a few hundred and private sector cli-
solicitor for England and Wales in 1993. thousand dollars to multi-million dollar ents, with a particular
He returned to Russell McVeagh in 1994 claims. focus on commercial
for two years before joining Allen & Overy Donna Hurley is and technology contracts. Amanda joined
again in 1996. based in the Wellington Simpson Grierson in 2017 after working in
He became a partner with the firm resources and infra- London for four years at CMS in the tech-
in 1998 in the London corporate team, structure group and nology, media and telecommunications
and Managing Partner, London Corporate specialises in property team.
& Global Corporate Board from 2003 development, leasing, Edward Fear is in
to 2005. Mr Harray returned to New subdivision, acquisi- the Auckland banking
Zealand to become a partner with Russell tions, and disposals of and finance group. He
McVeagh in 2006 before returning to commercial property. She also advises local specialises in property
London where he joined the Milbank government and other public sector clients finance transactions
partnership in 2007. on a range of issues, with a focus on prop- across a wide range
erty work and public works. Donna has of property assets, as
extensive experience drafting local bills, well as advising on
15P E O PL E A pril 2 0 2 0 · L AW TA L K 9 3 8
corporate banking and leveraged and Sarah Kuper is in the public law team, official information, search and surveil-
acquisition finance transactions. Edward based in Wellington. lance, harmful digital communications
came to Simpson Grierson from the real She recently joined and news media. She is a graduate of
estate finance team of Hogan Lovells in Simpson Grierson Canterbury University and is an experi-
London. having returned from enced practitioner in public, commercial
Kate Tidbury is a five years in London and banking law.
member of the intel- and the United States.
lectual property, sports, Her experience spans a
and sales and market- wide range of commer-
Two lawyers return
ing group in Auckland. cial and public law advice and disputes.
to Buddle Findlay
Kate advises on a wide Simpson Grierson has also promoted
range of IP/commercial five team members to senior solicitor: Sam Mark Mulholland has re-joined Buddle
issues, specialising in Comber (litigation, Auckland), Viola Lam Findlay’s Wellington
trade mark protection, IP arrangements (commercial property, Auckland), Lincoln office as a senior asso-
and local/international enforcement Matthews (commercial, Wellington), ciate in the resource
strategies. She has a particular interest Edward Warren (commercial property, management and
in sport and regularly advises national Auckland), and Louw Wessels (corporate, Māori law team. Mark
sporting organisations on rights protection Auckland). advises on all aspects of
and enforcement. resource management
Mark Gillard in the and environmental law,
Auckland construction with a particular focus on the consenting
Don Mackinnon joins
group specialises in of major energy, transport, and water
City Chambers
construction and infra- infrastructure. Before re-joining Buddle
structure contracts and Employment lawyer Don Mackinnon has Findlay, Mark was a senior associate at
disputes. Before joining joined City Chambers. Don was previously Clifford Chance LLP in London.
Simpson Grierson, a founding partner of Lara Wood has re-joined the firm’s
he spent 15 years in SBM Legal and before Auckland office as a senior associate
Sydney advising on major transport pro- that was a partner in the banking and
jects, both at Clayton Utz and in-house. at Simpson Grierson financial services
Mark focuses on preventing project issues for 10 years, the last team. Lara has a wide
from turning into disputes through early three years as Head of range of domestic and
identification and resolution. Litigation. He special- international banking,
Matthew Prendergast is a member of ises in employment financial services and
the commercial litiga- law, particularly private investigations and corporate experience,
tion group and is based mediations. He also has a busy sports law but she specialises in
in Christchurch. He practice, is Chair of the Blues and the World funds management and regulatory advice
specialises in complex Athletics Integrity Vetting Panel, and is a relating to financial services, products and
commercial disputes, director of NZ Cricket. markets. Before re-joining Buddle Findlay,
with a particular focus Lara worked for one of Australia’s largest
on professional indem- banks based in Sydney and before that she
nity, insolvency, tort worked at an international law firm based
Joanna Hayward
and contract claims, and contentious trust in Sydney.
appointed General
issues. Matthew has a focus on resolving
Counsel Privacy
disputes and managing reputational risk.
Commissioner
Rachael Judge is based in the Auckland
Andrew Skinner joins
employment group. Joanna Hayward has been appointed
Martelli McKegg
She advises across all G e n e r a l Co u n s e l t o t h e P r i va c y
partnership
aspects of employment Commissioner as the
and education law, Office prepares for Martelli McKegg has appointed Andrew
including personal the enactment of new Skinner to the partner-
grievances, disciplinary privacy law later this ship. Andrew is an expe-
processes, holiday pay year. Joanna has been rienced commercial
compliance, collective acting in the role since lawyer with specialist
bargaining, investigations and student September 2019, after experience in build-
disciplinary issues and claims. Rachael has joining OPC in 2014. ing and construction
been admitted to practise in New South She was formerly an adviser to the Law and franchising. Until
Wales and previously worked for a leading Commission on information law reform recently he was a part-
Sydney employment law firm. projects including the law of privacy, ner at a boutique business and franchising
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