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ISSUE 937 · March 2020
Strengthening
our relationship
New Zealand Law Society, Te Kāhui Ture o Aotearoa
and Te Hunga Rōia Māori o Aotearoa, The Māori Law
Society sign Memorandum of Understanding
Katie Paul - Lawyers' Attire – The new ADLS- What if we were
The richest Is being stylish REINZ agreement trained to help
backstory still trendy? each other?
Page 26 Page 44 Page 47 Page 62
“They’ve been
insuring New
Zealand families
like mine for
nearly 100 years.”
MAS is 100% New Zealand owned and we’ve been
serving our Members, like Katherine, for nearly
100 years now. Not only have we established a
foundation to fund health initiatives, we have been
awarded Consumer NZ People’s Choice across four
categories* for three years running.
Keep good company with MAS
mas.co.nz
0800 800 627
Katherine Reinhold (and Rosa)
Lawyer and MAS Member * House, contents, car and life insurance
Martelli McKegg welcomes
Andrew Skinner to the partnership.
The partners of Martelli McKegg are very pleased to welcome
Andrew Skinner to the partnership team.
Having worked as a corporate and commercial lawyer for over
20 years, Andrew has a strong reputation for providing expert advice
that is focussed on helping his clients to succeed.
Andrew’s background in the commercial teams of national and
international law firms combined with his in-house business experience
gives him a uniquely pragmatic perspective. This translates into sound,
business-centric legal advice.
The building industry is of particular interest to Andrew – he is on
the Board of the Frame and Truss Manufacturers Association of NZ,
as well as contributing regularly to building industry publications.
Andrew can be contacted by phone on DDI +64 9 300 7622
or email at andrew.skinner@martellimckegg.co.nz
Phone: +64 9 379 7333 Fax: +64 9 309 4112 Web: martellimckegg.co.nz
Address: Level 20, PwC Tower, 188 Quay Street, Auckland
MM0205 Andrew Skinner Law Talk 180x130 12_02_20.indd 1 13/02/20 12:23 PM
PARTNERSHIP
ANNOUNCEMENT
The partners of Keegan Alexander are
delighted to announce that Amanda Hyde has
joined the partnership as of 1 January 2020.
Amanda has been at the firm since 2013 and
practices in the areas of civil and general
litigation with an emphasis on judicial review
and intellectual property. She has recently
argued cases in the Court of Appeal and the
Supreme Court and is a welcome addition to
the firm’s litigation line up.
Amanda can be contacted at:
AHyde@keegan.co.nz
09 303 1829 | www.keegan.co.nz
Level 24, 151 Queen St, Auckland
PO Box 999, Auckland 1140
Asking for help is a sign of strength
Evaluate.
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For local and global protection,
talk to the people that live
and breathe trade marks.
zone law
intellectual property and business law
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12
9
06 · F R O M T H E L AW S O C I E T Y, N E W I N T H E L AW
TE KĀHUI TURE 26 · The richest backstory - Katie
Paul ▹ BY JAMIE DOBSON
08 · 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 AR O A T H E I N N OVAT O R S
30 · Sian Wingate ▹ BY ANDREW KING
P RAC T I C E
14 · Desktop Reviews of 32 · ACC E S S T O J U S T I C E
68
66 trust account operators
P RAC T I C E
▹ BY BEN POTAKA
34 · What’s wrong with compulsory
LETTER TO THE EDITOR CLE? ▹ BY KRISTY MCDONALD QC
15 · Changes to Rules
P RAC T I C E
PEOPLE 37 · Continuing Professional
16 · Appointment of 21 new Development ▹ BY ROS MORSHEAD
District Court Judges
P RAC T I C E
PEOPLE 39 · International women judges
20 · On the move conference in Auckland
▹ BY JUSTICE SUSAN GLAZEBROOK
PEOPLE
AND JUDGE MARY O'DWYER
24 · Moving to practise – and
ballroom dance – 19,000km P RAC T I C E
away ▹ BY ANGHARAD O'FLYNN 40 · Trending out - Should you plan
102
88 for open-plan? ▹ BY JAMIE DOBSON
A B O U T L AW TA L K
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4
Contents
P RAC T I C E A LT E R N AT I V E D I S P U T E 78 · L E G A L T E CH R O U N D U P
44 · Lawyers' attire RESOLUTION
L E G A L H I S T O RY
▹ BY CRAIG STEPHEN 57 · Principles of influence
80 · At the Privy Council in the
▹ BY PAUL SILLS
U P D AT E — P R O P E RT Y 1960s ▹ BY SIR IAN BARKER QC
47 · The new ADLS-REINZ agreement P RAC T I S I N G W E L L
L E G A L I N F O R M AT I O N
▹ BY THOMAS GIBBONS 59 · Former police officer in Norway
84 · Recent legal books
now mentor to Kiwi lawyers and
U P D AT E — T RU S T S ▹ BY GEOFF ADLAM
their clients ▹ BY NICK BUTCHER
49 · Appointment and discharge
85 · WILL NOTICES
of trustees when the Trusts TA L K I N G A B O U T M E N TA L H E A LT H
Act comes into force 62 · What if we were trained to help 86 · CLASSIFIEDS
▹ BY RHONDA POWELL each other? ▹ BY SARAH TAYLOR
89 · C P D CA L E N D AR
U P D AT E — FA M I LY P R O T E C T I O N P RAC T I S I N G W E L L
LIFESTYLE
52 · Family Protection Act 65 · Real self-care ▹ BY RAEWYN NG
92 · A New Zealand Legal
awards for adult children
S U S TA I N A B L E P RAC T I C E Crossword ▹ SET BY MĀYĀ
▹ BY KIMBERLY LAWRENCE
68 · Climate change and educating
L AW O N T H E T E L LY
U P D AT E — F RA N CH I S I N G girls ▹ BY TRACEY CORMACK
93 · An impetuous lawyer looking
55 · Update on post-termination
71 · L AW Y E R S C O M P L A I N T S S E RV I C E for his big break - The Main
problems in franchising
Chance ▹ BY CRAIG STEPHEN
▹ BY DEIRDRE WATSON T E CH N O L O G Y
76 · Why are iPhones so expensive? 94 · TA I L E N D
▹ BY DAMIAN FUNNELL
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F R O M T H E L AW S O C I E T Y, T E K Ā H U I T U R E M arc h 2 0 2 0 · L AW TA L K 9 3 7 From the Law Society, Te Kāhui Ture The Māori Language Commis- sioner, Professor Rawinia Higgins, wrote eloquently in The Spinoff recently about the importance of championing te reo Māori, for the benefit of all New Zealanders. “We need to invite and encourage all New Zealanders to see te reo as part of our identity as Kiwis and as something that brings us all together,’’ she said. The Māori Language Commission works to build a future where te reo Māori is part of our national and per- sonal identity as New Zealanders. Essentially, it’s about reflecting the bicultural foundations of Aotearoa New Zealand in our everyday lives. As the regulator of, and national membership body for, the legal profession, it’s important that we acknowledge the bicultural founda- tions of this country. One way to do this is to embrace te reo Māori in our communications. The Law Society is at the beginning of a journey to establish a genuine commitment to Te Ao Māori and create long- term cultural change within our organisation. Ture Whānau; The Property Law Section, Ngā Rōia Ture Our first step involves language Rawa; and ILANZ, Ngā Rōia ā Roto. and involves the launch of our We still have lots of work to do as an organisation new Māori name: Te Kāhui Ture to assume the responsibility that comes with our new o Aotearoa which will start being Māori names but this as a step in the right direction. used around the time this issue The recent signing of a Memorandum of Understanding of LawTalk is published. Staff are (MoU) between the Law Society and with Te Hunga Rōia being supported to ensure they feel Māori o Aotearoa, The Māori Law Society, is another confident to use the new name and significant milestone. We have been working with our also know what it means. valued colleagues at Te Hunga Rōia Māori for many Our name was developed in con- years. I would like to acknowledge the important mahi sultation with a range of experts and they do to represent and support iwi Māori in the legal was given to us by Te Taura Whiri profession – and have been doing so for more than 30 i te Reo Māori, the Māori Language years. Commission. “Ture” means the Their membership includes a substantial number law and “Te Kāhui” in this context of legal practitioners, judges, parliamentarians, legal means company or organisation . academics, policy analysts, researchers and Māori law The Law Society’s three Sections students – and their work includes raising awareness have also been given Māori names. of the fact that Māori and Māori legal issues can require The Family Law Section, Ngā Rōia a distinct and different approach. 6
L AW TA L K 9 3 7 · M arc h 2 0 2 0 F R O M T H E L AW S O C I E T Y, T E K Ā H U I T U R E
Greater understanding and appre-
ciation of tikanga Māori and Te Ao
Māori is beneficial for all lawyers in
all areas of the profession. Building
te reo Maori into our practices can
only add to our ability to work with
our clients, particularly those of us
in youth justice, criminal and family
law. Te reo Māori is more than just
language, it is imbued with customs
and traditions and a Māori world
view.
This MoU strengthens the exist-
ing relationship between Te Hunga
Rōia Māori o Aotearoa and the Law
Society and formalises the spirit of
cooperation and trust between our
two organisations. ▴ Members of Te Hunga Rōia Māori o Aotearoa perform at the MoU signing.
The MoU does not limit or affect From left: Co-Presidents Marcia Murray and Glenn Tootill (rear) and Maia Wikaira.
the independence of either organisa-
tion. It acknowledges that we each
have our roles to play but together
we can learn from and support each
other.
An important aspect of the Law
Society’s role is to increase diversity,
belonging and inclusiveness in the
legal profession; and we welcome
this closer relationship with our
colleagues at Te Hunga Rōia Māori o
Aotearoa as we build our capability
in this area.
It’s a positive step for us as the
national organisation, as the kaitiaki
of the profession, the public and the
rule of law.
Ko te pae tawhiti
Whāia kia tata
Ko te pae tata
Whakamaua kia tina!
Keep on pursuing your long-term
goals but don’t ignore those things
you can do to make a difference,
day to day! ▪
▴ Members of both organisations, including Law Society, Te Kāhui Ture Chief Executive
Tiana Epati Helen Morgan-Banda and Te Hunga Rōia Māori Co-President Glenn Tootill (right),
President, New Zealand Law took part in a waka paddling lesson at Te Wharewaka in Wellington, ahead of the
Society, Te Kāhui Ture o Aotearoa MoU signing. Photos by Stephen A’Court
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 AR O A M arc h 2 0 2 0 · L AW TA L K 9 3 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
New Zealand Law Society’s
brand refresh nearly complete
Over the past two years the Law Society, Te Kāhui
Ture has been undergoing a digital refresh programme.
What this means is that how you view and read our
content whether it is on our website or hardcopy paper
is changing. website project, it was quickly dis-
The refresh programme includes redeveloping the Why the brand refresh? covered that the current logo wasn’t
website, introducing our new Māori name, Te Kāhui Ture We live and operate in a compet- particularly digital friendly.
o Aotearoa to the organisation’s identity and refreshing itive environment that increas- “It wasn't really designed for use
our brand such as the logos. You can read more about ingly demands high quality digital in small sizes on screens. It just
our new Māori name in Law Society President, Tiana information and content. The Law doesn’t perform very well. We’re not
Epati’s ‘From the Law Society’ column. Society’s new logos with the Māori radically changing things but we are
Senior Designer Andrew Jacombs has been leading name have been redesigned to be improving the quality, consistency
the brand refresh. simpler, clearer and more user and therefore the experience by the
“We’re rolling out a new family of logos across the friendly when being used on dig- user,” he says.
organisation. That will include the Māori name, Te ital screens, mobile devices and in Meanwhile the new-look web-
Kāhui Ture o Aotearoa. This means there’ll be new look small sizes. site, another key part of the digital
stationery, letterheads, email templates. Anything with As Andrew Jacombs explains, refresh programme will go live in
branding will be refreshed with the new look,” he says. when work began on the refreshed April. ▪
Board approves proposed changes
to Lawyers’ Conduct Rules
Rules 2008 (RCCC) and Lawyers and Conveyancers Act Independent Working Group Report
The New Zealand Law Society, (Lawyer: Ongoing Legal Education Continuing Professional chaired by Dame Silvia Cartwright
Te Kāhui Ture o Aotearoa Board has Development) Rules 2013 (CPD Rules) (CPD), both made which contained recommenda-
approved draft changes to two sets under the Lawyers and Conveyancers Act 2008, to provide tions to enable better reporting,
of rules designed to deliver clear enhanced and improved rules in relation to: prevention, detection and support
conduct and reporting standards for • the conduct expected of all lawyers and employees in respect of sexual harassment, bul-
lawyers to address discrimination, of law practices; lying and discrimination and other
harassment, bullying and other • the obligations expected of those who manage and inappropriate workplace behaviour
unacceptable conduct in the legal operate law practices; within the legal community.
community. • the obligations to report unacceptable conduct; “I am acutely aware of the impact
“The proposed changes will • protections for those who report or experience unac- the negative aspects of the legal
strengthen our ability to address ceptable conduct; and community’s culture are having on
unacceptable behaviour by lawyers • enable the introduction of mandatory education aimed the wellbeing of lawyers and their
and employees of law practices,” its at reducing unacceptable behaviour. staff across the profession.
President Tiana Epati announced. She said the proposed changes were one of many ini- “Substantive change will come
Ms Epati says the Board has tiatives being taken by the Law Society, Te Kāhui Ture with the independent review of the
approved draft changes to the in response to concerns from the profession, and wider structure and function of the Law
Lawyers and Conveyancers Act legal community, about unacceptable behaviour. Society, Te Kāhui Ture I announced
(Lawyers: Conduct and Client Care) The need for such changes were highlighted by the in October. In the meantime, these
8
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 AR O A
▴ Damage to garage New
Brighton 22 February Intervention in Supreme
Canterbury Earthquake
Photo by Martin Luff CC-By-SA Court Southern Response
v Ross appeal
changes have the potential to make The Law Society, Te Kāhui Ture and the New Zealand Bar
a significant difference by setting Association will both be intervening in the Southern Response Earthquake
clear expectations for all lawyers Services Ltd v Ross appeal to be heard in the Supreme Court on 23
which can be enforced if they are and 24 March. In its decision granting leave to appeal on 9 December
breached,” she said. ([2019] NZSC 140), the court said the appeal will raise questions about
Drawing on the Working Group’s the principles applicable to deciding whether representative claims
categories for change, the proposed proceed on an opt-in or opt-out basis. It said it considered that it may
rule changes are aimed at the be assisted by submissions from the Law Society, Te Kāhui Ture and
following: the Bar Association on those principles and accordingly invited both
• clearer conduct obligations; organisations to intervene.
• clearer reporting obligations; The Law Society’s Board resolved to accept the invitation to intervene
• closer regulation of legal work- and has instructed Wellington barrister and Law Reform Committee
places; and convenor Tim Stephens to appear on behalf of the Law Society, Te Kāhui
• obligatory education and training. Ture.
“With Board approval received, In the decision which is under appeal ([2019] NZCA 431) the Court of
more extensive consultation on the Appeal determined that an opt-out procedure should be adopted as the
proposed changes will occur with “norm” in New Zealand for class actions, in the absence of a legislative
the aim of having the final proposed framework. The Board’s decision to intervene was driven by there being
changes ready for consideration issues of significant public interest around the procedures for efficient
by the Law Society’s Council, and and fair conduct of representative proceedings, the access to justice
the Minister of Justice, around the issues involved, and the fact that the appeal will also impact on the
middle of this year,” said Ms Epati. ▪ legal profession, particularly commercial litigators. ▪
9
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 AR O A M arc h 2 0 2 0 · L AW TA L K 9 3 7
Crown Minerals
Act review
the Crown’s mineral estate for the
Extending the Crown Minerals benefit of New Zealand, the Law
Act 1991 to allow greater consid- Society, Te Kāhui Ture says.
eration of non-economic aspects The Law Society, Te Kāhui Ture
of wellbeing – such as natural, comments on a number of other
financial, human, and social cap- questions and drafting matters raised
ital – may create confusion for in the discussion document. One of
permit operators and regulators as these is a proposal to introduce three
to who has responsibility for which new regulatory powers – compliance
aspects of wellbeing. This may result notices, enforceable undertakings,
in duplicative and potentially con- and infringement fines. The Law
flicting regimes, the Law Society, Te Society, Te Kāhui Ture says the
Kāhui Ture says in comments on the proposal to introduce enforceable
MBIE discussion document Review undertakings and infringement
of the Crown Minerals Act 1991. offences as alternatives to pros-
It could also give rise to a per- ecution has merit, being more
ceived or actual conflict of interest cost-effective and less time-intensive Are suggested
for the Crown, which receives a than prosecution. It says a proposal
pecuniary benefit (or royalty) under to expand MBIE’s power to compel RMA failings
the Act. Such an extension would provision of information from former
require an amendment to the pur- permit holders and non-permit hold- real?
pose of the Act, given the purpose ers should, however, be subject to
is currently focused on developing some limitations. ▪
Some policy positions presented
in an options paper as generally
accepted failings of the Resource
Circularity in draft Management Act 1991 may not be
the case, the Law Society, Te Kāhui
amendments on habitual Ture says.
In comments on the Resource
buying and selling of land Management Review Panel’s
paper, Transforming the Resource
in habitual buying and selling. Management System: Opportunities
There is a circularity in However, the group of people or change – Issues and Options, the
proposed provisions in two subsec- whose transactions are to be Law Society, Te Kāhui Ture suggests
tions in Subpart CB of the Income included are all those people who the Panel carefully considers the
Tax Act 2007, the Law Society, Te occupy the land ‘that forms part of information about some alleged
Kāhui Ture has told the Department the regular pattern of acquiring and failings.
of Inland Revenue. disposing’ of land,” it says. “Therein “For example, one failing is
IRD’s proposed draft amendments lies the circularity. Whether there is described as ‘a focus on managing
to subsections CB 16 A, CB 16 and a regular pattern of acquiring and the effect of resource use rather
CB 19 are intended to strengthen the disposing of land is the very ques- than planning to achieve outcomes’.
“habitual buying and selling” excep- tion to be determined by looking However, it is not an ‘either/or’
tion from the exclusions contained at the transactions of a group of scenario – both are needed to sus-
in the sections. However, the Law people but that group of people tainably manage resources. Despite
Society points to a circularity in the is defined by their occupation of the effects-based focus of the RMA,
proposed sections CB 16A(2C)(a) and land that forms part of the regular there is nothing in the RMA that pre-
CB 16(5)(a). pattern of acquiring and disposing vents or precludes local authorities
“These proposed provisions seek of land.” from planning to achieve desirable
to include the transactions of a The Law Society, Te Kāhui Ture environmental and development
group of people in determining suggests the sections should be outcomes,” it says.
whether one person has engaged re-drafted. ▪ Another failing is said to be
10L AW TA L K 9 3 7 · M arc h 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 AR O A
Further drafting
work needed
on bill
While the objective of the Holidays (Bereavement
Leave for Miscarriage) Amendment Bill (No 2) is com-
mendable, its interaction with existing legislative leave
provisions and the drafting of the proposed amendments
need further consideration, the Law Society, Te Kāhui
Ture says.
In a submission on the bill, the Law Society, Te Kāhui
Ture recommends that the Education and Workforce
select committee obtains technical drafting advice
insufficient recognition of the from officials and experienced parliamentary drafters
Treaty and lack of support for Māori to ensure the objective of removing existing ambiguity
participation. However, there is a in the Holidays Act 2003 bereavement leave provision
long-standing body of case law on is attained.
the importance of the Treaty and The submission says the bill does not deal with the
Māori relationships with land, interaction between bereavement and whether the
waters and other taonga, with employee can elect which type of leave best fits their
strong directions to be borne in circumstances at the time. It is also unclear whether an
mind at every stage of the planning employee would be entitled to take both bereavement
process. leave and parental leave. The bill does not address issues
“Some aspects of the paper con- relating to bereavements in surrogacy situations. There
template significant changes to is also a lack of clarity over what is meant by “confirmed
fundamental aspects of the resource pregnancy” and the bill does not indicate how multiple
management system. Examples births would be treated. ▪
include local decision-making, an
effects-based enabling framework,
and public participation. Changes
to these or any other parts of the
system are matters of policy on Receiving LawTalk only online
which the Law Society expresses An online version of LawTalk is available on our
no view,” it says. “However, the website at www.lawsociety.org.nz/lawtalk. This
Law Society encourages the Panel to is displayed as a flip-book, a PDF, and website
carefully consider the interconnec- versions of many of the articles in each. A link
tions between the different compo- to the latest online LawTalk is emailed to all
nents of the resource management practising lawyers each month on the Friday
system, as changes to one part may after publication.
have consequences for other parts The hardcopy LawTalk is automatically mailed
of the system.” to all New Zealand-based lawyers who hold a
The Law Society, Te Kāhui Ture current practising certificate. Receipt of the
provides a list of 14 aspects or hardcopy version may be cancelled by emailing
sections of the current system that subscriptions@lawsociety.org.nz and stating
it considers function particularly “Please cancel LawTalk hardcopy” with details
well. This is balanced with a list of of name, workplace and lawyer ID. The lawyer ID
14 sections or aspects which it says is needed to instruct the mailing list extraction
would benefit from streamlining or program to remove a name and address.
clarification. ▪
11N 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 AR O A M arc h 2 0 2 0 · L AW TA L K 9 3 7 Focus on the Environmental Law Committee The Law Society, Te Kāhui Ture Environmental Law Committee was established in 1996. Its role is to review and comment on new legislation affecting environmental law – particularly the resource man- agement legislation that created the Bronwyn Helen Vicki Trevor Environment Court. Carruthers Andrews Morrison-Shaw Robinson Committee convenor Bronwyn Carruthers is a barrister at Auckland’s Shortland Chambers. She has specialised in environmen- tal, resource management and local government law since her admis- sion in 2000. Bronwyn moved to the independent bar in December 2018 after seven years as a partner in Vanessa Daniel Barbara Kim Proctor- Russell McVeagh’s Environmental, Hamm Minhinnick Mead Western Planning and Natural Resources team. The other committee members are Helen Andrews who is a part- ner with Berry Simons in Auckland, Advocacy Manager for Regulatory committee. It prepared a submission on the Climate a certified Hearings Commissioner Services with Marlborough Change Response (Zero Carbon) Amendment Bill to the and who has a particular focus in District Council in Blenheim; and Environment select committee on 16 July 2019, and on providing strategic and consenting Kim Proctor-Western, a Special 17 January 2020 a submission to the select committee advice for major projects across Counsel with Nelson’s Oceanlaw on the Climate Change Response (Emissions Trading several industries; Vicki Morrison- New Zealand and who specialises Reform) Amendment Bill. Shaw, a director at Auckland’s in fisheries maritime, aquaculture, National Policy Statements: These have also kept Atkins Holm Majurey Ltd who spe- employment and business law. the committee busy. Submissions have focused on the cialises in resource management, The committee has been involved clarity and workability of proposals in discussion docu- environmental, local government, in a number of reform proposals and ments released on highly productive land (Valuing highly corporate and Māori legal advice; initiatives over the last year: productive land) (14 October 2019), urban development Wellington barrister and resource Fisheries management reform: (Planning for successful cities) (14 October 2019) and fresh- management law specialist Trevor The committee provided comments water (Action for healthy waterways) (4 November 2019). Robinson, who has acted as lead to Fisheries New Zealand on 18 Resource Management Act: The committee has made counsel on a number of large con- March 2019 on the provisions relat- a number of inputs and submissions on work related senting projects and as commis- ing to enforcement in the discussion to the RMA. On 12 November 2019 it prepared the Law sioner on both regional and district paper Your fisheries – your say. Society, Te Kāhui Ture submission to the Environment plan processes; Vanessa Hamm, a Crown pastoral leases: select committee on the Resource Management partner and resource management, Comments by the committee on 11 Amendment Bill, and on 3 February 2020 it provided local government and public works April 2019 on the Land Information comments to the Resource Management Review Panel specialist with Tauranga’s Holland New Zealand Crown pastoral land on the issues and options paper Transforming the Resource Beckett Law; Daniel Minhinnick, review consultation focused on Management System: Opportunities or change (covered a partner with Russell McVeagh concerns that the proposals could in this issue). in Auckland and the firm’s result in unnecessary and inefficient Crown Minerals: Aspects of the committee’s sub- National Practice Group Chair regulatory duplication. mission on 27 January 2020 to MBIE on the Review of for Environment, Planning and Climate change: This has the Crown Minerals Act 1991 discussion document is Natural Resources; Barbara Mead, been an increasing focus for the summarised in this issue. ▪ 12
L AW TA L K 9 3 7 · M arc h 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 AR O A
APEC 2021 security International
crimes bill
legislation needs excludes some
additional safeguards Rome Statute
amendments
mosque attacks in March 2019.
The New Zealand Law Society, “This may be necessary from
Te Kāhui Ture o Aotearoa says a security perspective and it will The Law Society, Te Kāhui Ture
legislation to support safety and essentially put foreign protection has suggested the Foreign Affairs,
security for world leaders and officers on the same footing as the Defence and Trade select com-
others attending APEC 2021 events Police and armed forces, but should mittee might want to clarify
needs additional safeguards and be made clear to the public through why the International Crimes
public scrutiny of the powers to be the committee’s report, consistent and International Criminal Court
given to the armed forces and APEC with Parliament’s role in a free and Amendment Bill excludes amend-
security staff. democratic society that respects the ments to the Rome Statute concern-
The Law Society, Te Kāhui Ture rule of law”, Mr Griggs said. ing the crime of aggression.
has presented its submission on the The Law Society, Te Kāhui Ture The bill amends the International
Asia-Pacific Economic Cooperation has recommended that other Crimes and International Criminal
(APEC 2021) Bill to Parliament’s aspects of the bill also be given Court Act 2000 in order to incor-
Foreign Affairs, Defence and Trade further consideration. One question porate amendments made to
select committee on 13 February. is whether the bill should include a the Rome Statute. New Zealand
It has recommended that the role requirement to take into account the supported the amendments and
of the armed forces, APEC security principles of the Treaty of Waitangi the bill changes domestic law to
staff and foreign protection officers in relation to the ‘security area’ enable them to be ratified. However,
in the APEC 2021 security operation restrictions to be placed on marae. the bill’s explanatory note says it
be carefully considered. Another is whether the bill strikes excludes amendments relating to
“The bill grants significant coer- the right balance between the legiti- the crime of aggression because
cive powers to members of the mate requirements of the APEC 2021 New Zealand has not made the
armed forces and APEC security security operation and the rights necessary domestic arrangements
staff, and departs from the usual of ordinary citizens, in preventing to ratify or accept the amendments
constitutional restriction against compensation from being available to the Rome Statute relating to the
using the armed forces to support to people whose rights have been crime of aggression.
Police law enforcement”, Law infringed. The Law Society, Te Kāhui Ture says
Society, Te Kāhui Ture spokesperson “If a person exercising powers it is unclear what “necessary domes-
Chris Griggs told the committee. under the bill has acted unrea- tic arrangements” must be made. It is
“If Parliament considers these sonably and not in good faith, the possible that the necessary Cabinet
provisions are necessary for New injured party should be entitled to approval to ratify the Aggression
Zealand to provide adequate secu- compensation and the bill should Amendments is still required, and
rity for APEC 2021, the Law Society, be amended to provide for this,” Mr the select committee might want to
Te Kāhui Ture recommends that Griggs said. ▪ clarify this with officials. ▪
appropriate checks and balances are
added to the bill, to enable proper
public scrutiny of the use of these
powers”, Mr Griggs said.
The Law Society, Te Kāhui Ture
has also recommended that public Writing for LawTalk
attention is drawn to the fact that as Submission of articles for publication in LawTalk is welcomed. Articles must
a result of the bill, it will be lawful relate to matters which are of interest to members of the New Zealand legal
for foreign protection officers to profession and should be less than 2,000 words. All articles must not have
be admitted to New Zealand with appeared elsewhere and will be edited. Articles should be submitted to editor@
“prohibited firearms” such as lawsociety.org.nz as a MS Word document (no PDFs are accepted). LawTalk
semi-automatic weapons of the does not publish advertorial or articles in exchange for advertising or payment.
type banned after the Christchurch
13P RAC T I C E
PRACTICE
Desktop Reviews
of trust account
operators
BY BEN
POTAKA
A fundamental role of the Law
Society’s Inspectorate is to protect
clients’ monies held in solicitors’
trust accounts and to ensure that
any practice operating a trust
account meet the requirements
of the Lawyers and Conveyancers Ben Potaka
Act 2006 (LCA) and associated rules
and regulations. In order to fulfil with staff during these reviews, it is acknowledged
this role, the inspectorate operate that their presence can impact the normal day-to-day
a risk management framework. The operation of the practice. The advancement of technol-
framework: ogy and the improvement of trust accounting systems
• is based on an international now means that parts of the Inspectorate’s work can
risk management standard be completed remotely.
(ISO31000:2009); The introduction of desktop reviews is another way
• reflects current risk management the inspectorate can continue to discharge their role in
practice; reviewing risks associated with solicitors’ trust accounts.
• establishes the criteria for risk The desktop review will not replace onsite visits and
assessment; and its use will not preclude the inspector from requesting
• provides a methodology for devel- further information or visiting the practice.
oping risk-based assurance trust If your practice is selected for a desktop review you
account review processes. will be contacted by the inspectorate in a fashion similar
to how other reviews are conducted. For the review to be
Factors which are carried out effectively, it is important that you respond
considered and provide all relevant information.
In determining risk and the nature
(degree and extent) of the review Information required
the inspectorate will take sev- A typical request for information will include:
eral factors into account. These 1. An induction questionnaire, where the firm outlines
include: their arrangements and personnel;
• integrity of the accounting 2. Reports from the trust accounting system for the
software; period (usually the most recent three months):
• clientele/work types; • transaction report listing all payments;
• findings of past reviews; • transaction report listing all receipts;
• complaints/disciplinary history; • transaction report listing all journals;
• internal controls/procedures. • ledger report of the ‘firm’s interest in trust’ ledger.
Historically, these reviews have 3. Bank statements for the firm`s trust bank account for
been conducted onsite at the prac- the review period;
titioner’s place of business. While 4. Bank statements for the firm’s practice bank account
inspectors do all they can to work for the review period;
14P RAC T I C E
LETTER TO
THE EDITOR
Changes
to Rules
The New Zealand Law Society
Board has approved changes to the
Conduct and Client Care Rules to
address, inter alia, unacceptable
conduct in the legal community.
5. Copies of the end of month rec- date drawn, payee and value; That will lead to statutory amend-
onciliations for the trust account • details of other reconciling items, ment and in turn to amendment
and IBD account for the review eg, unbanked receipts, deposits of the “Little Red Book” (as it used
period; not receipted etc; to be known); not Chairman Mao’s
6. Details of the firm’s PI cover; • list of client balances; famous handbook but rather our
7. Examples of the firm’s engage- • control account/cash book sum- profession’ s “Code of Ethics”.
ment letter, standard terms of mary (opening balance, plus Many years ago, from time to
engagement and client care receipts, less payments = closing time the New Zealand Law Society
information. balance). would send the Little Red Book to all
Most of the trust account software *If other accounts are operated (eg, practitioners without charge. With
providers should readily be able IBD, foreign currency, controlled the amendments passed through
to export the reports highlighted client bank account), details of these due process, I suggest that the New
above into a csv or Excel format (the must also be secured and checked Zealand Law Society should send
format preferred by the inspector- by the TAS. the new edition to every practitioner
ate). Similarly, the bank statements The inspectorate is very conscious holding a practising certificate.
are all available in those formats about cyber security and the threats Former Speaker of the House
from the major banks. that exist over email transmissions. of Representatives, The Right
When the inspectorate refer to If a practitioner has any concerns Honourable Jonathan Hunt, was
“end of month reconciliations” it over these processes or the validity the incontestable authority on the
is important to understand that of an information request, please Rules of the House. Why? It was well
this can mean more than the bare contact the writer. If you ever wish to known that every sitting day that he
reconciliation report, as is high- establish the bona fides of an emailed spent in the Parliamentary Chamber
lighted in Guideline 9.3 of the Trust request this can be done by phoning he would start off by reading a rule.
Accounting Guidelines: any branch office of the Law Society. I make a practice of reading the
The minimum* expected to be For any other trust accounting Little Red Book from cover to cover
produced and retained for each enquiries please contact the inspec- after I return to the office from my
month-end is: torate on 0800 542 119. ▪ Christmas vacation. It seems a good
• bank reconciliation; way to start the year. I encourage
• copy of month-end trust account Ben Potaka ben.potaka@ my colleagues to consider doing
bank statement; lawsociety.org.nz is the New the same. ▪
• unpresented cheques list detail- Zealand Law Society’s Inspectorate
ing for each cheque number the Manager. Alex Witten-Hannah (1970)
15PEOPLE M arc h 2 0 2 0 · L AW TA L K 9 3 7
PEOPLE
Appointment of 21 new
District Court Judges
The appointment of 21 new District Court judges was announced on 21 January by Attorney-General
David Parker. The new judges include replacements for retirements and 10 new positions.
solicitor, first with Trevor Knowsley, then Dominic Dravitzki
“The new judges will help manage the Govett Quilliam in litigation of family, Judge Dravitzki was sworn in at
increasing workload in the District Court, criminal, ACC, Māori land and liquor Christchurch District Court on 2 March as
improve access to justice and reduce the licensing proceedings. She became an a District Court Judge
toll that long delays have on those access- associate in 2003 and began practice as with Family Court
ing the courts. It will also mean victims of a barrister sole in 2006 specialising in jurisdiction to be based
crime and their families will be able to have criminal proceedings in both the District in Timaru.
their day in court sooner,” Mr Parker said. Court and High Court. She was approved J u d g e D r av i t z k i
Mr Parker said 10 of the new judges are to level three as a legal aid lawyer. Judge has practised in
Māori, eight Pākehā, one Māori/Chinese and Bolstad was also a New Zealand Police Christchurch since his
two Samoan. Twelve of the new judges are detention provider, duty lawyer and admission in November
women. youth advocate and from 2010 acted for 1990. He commenced with Young Hunter,
“It’s pleasing to see high quality appoin- young people in the Rangatahi Court. She and was an employee and partner of
tees coming forward from diverse back- was deputy chair of the Social Workers Malley & Co since 1996. He has predomi-
grounds. It is important that the judiciary Registration Board from 2013 to 2019 and nantly practised in family law, including
reflects the make-up of the community it has been active in both community and as a senior lawyer for child and in Hague
serves,” he said. New Zealand Law Society, Te Kāhui Ture Convention matters. Judge Dravitzki has
Once all the new judges have been sworn o Aotearoa committees. had extensive Law Society involvement
in, the number of District Court judges will with the Family Law Section and on his
increase from 155 to 172. The legislative cap Keryn Broughton appointment was a lawyers standards
on the number of District Court judges was Judge Broughton was committee convenor. He has also had
increased in 2019 from 160 to 182 to allow sworn in on 24 Febru- extensive community involvement, par-
for the new appointments and to leave ary at New Plymouth ticularly in the education sector and as a
room for 10 additional appointments in District Court as a long-term volunteer for Community Law
future years. District Court Judge Canterbury.
So far 19 judges have been named, with with Family Court
the remaining two to be named later this jurisdiction to be based Michelle Duggan
year. in Palmerston North. Judge Duggan was sworn in at Nelson
Judge Broughton is of Ngā Rauru, Ngāti District Court on 10
Turitea Bolstad Ruanui and Ngāruahine descent. She was February of Nelson as
Judge Bolstad was admitted in July 2004 and commenced her a District Court Judge
sworn in at New Plym- law career with Govett Quilliam in 2004 with Family Court
outh District Court on where she remained until 2010. She was a jurisdiction to be based
27 February 2020 as a barrister sole in New Plymouth from 2010, in Christchurch.
District Court Judge practising exclusively in family law where Judge Duggan was
with jury jurisdiction she was lawyer for parties, lawyer for child, admitted as a barrister
to be based in Gisborne. lawyer to assist the court and lawyer for and solicitor in May 1991 and started her
Fo r m e rly a New subject person. Judge Broughton is active legal career as a litigation solicitor, at
Plymouth barrister, Judge Bolstad’s within the community, including as a board Gibson Sheat in Lower Hutt. In 1997 she
iwi affiliations are to Ngāti Maniapoto/ member of the TSB Community Trust from became a sole practitioner in the criminal
Ngāruahine. She was admitted as a bar- 2011 to 2019 and a board member and later and family jurisdictions, an instructor at
rister and solicitor in September 1999 chair of the Taranaki Community Law Trust the Institute of Professional Legal Studies,
and commenced legal practice as a staff from 2005 to the present. and a child support review officer. Judge
16L AW TA L K 9 3 7 · M arc h 2 0 2 0 PEOPLE
Duggan moved to Nelson in 2004, where Plymouth. after his admission
she continued to work as a sole practi- Judge Greig emi- in November 1989.
tioner, specialising in family law with an grated from the United Commencing practice
emphasis on child law and relationship Kingdom in 1983, and in Christchurch, in
property. She was approved as lawyer worked as a police 1992 he joined the
for child, lawyer for subject person and a officer for his first 10 Timaru practice of
panelist for the Central Authority for Hague years in New Zealand. Petrie Mayman Clark,
Convention cases. She was appointed a He was admitted in becoming a partner in
Deputy Lawyer Member of the Mental May 1998 and joined Wynn Williams as a 1994. From 2004 Judge Hix practised in his
Health Review Tribunal in 2011. solicitor, followed by Glover Sewell in 1999. own firm, Quentin Hix Legal Ltd. During his
During her legal career, Judge Duggan He then worked for the UN International legal career he was an accredited LEADR
had extensive New Zealand Law Society Criminal Tribunal for Rwanda from 2000 to mediator, a lay member of the NZ Health
involvement, including as the Nelson 2002. From 2002 he practised as a barrister Practitioners’ Disciplinary Tribunal and
branch President, as the Chair of the Family in Rangiora and gained extensive criminal Judicial Officer on the South Canterbury
Law Section and Convenor of the Nelson and Family Court experience. Judge Greig Rugby Union Judicial Committee. He
branch standards committee. also tutored in criminal law at Canterbury has served in a number of governance
University from 2002 to 2006. roles including as an appointed member
Hana Ellis of the South Canterbury District Health
Judge Ellis was sworn in at Manukau Nicola Grimes Board from 2000 to 2009. Roles held at his
District Court on 4 March as a District Court Judge Grimes was appointment included being a director of
Judge with Family Court jurisdiction to be sworn in at Nelson Dis- Dunedin City Holdings Ltd, deputy chair
based in Whangārei. trict Court on 10 Febru- of the Institute of Environmental Science
Judge Ellis is of Ngāpuhi and Ngāti Porou ary as a District Court and Research Ltd and a board member for
descent. She was admitted in June 1993 Judge with Family Presbyterian Support South Canterbury.
and commenced her career as a barrister Court jurisdiction to Judge Hix was appointed the local repre-
sole undertaking District and High Court be based in Hamilton. sentative on Te Rūnanga o Ngāi Tahu in
work. Between 1995 and 1998 she was a Judge Grimes was January 2010, stepping down from that
solicitor at the Māngere Community Law admitted to the bar in Wellington in role in mid-2019, and he has completed
Centre, then from 1998 to 2001 she was an November 1990, where she worked both just over eight years as a director of Ngāi
associate with Recordon & Co practising in firms and as a barrister. From 2002 Tahu Holdings Ltd. In August 2018 he
in criminal, civil, ACC, family, tribunal and she practised in Nelson at Rout Milner was appointed a member of the Safe and
mental health matters. Between 2001 and Fitchett before joining Knapps as a senior Effective Justice Advisory Group – Te Uepū
2010, Judge Ellis was a partner at Otene & associate in 2014. In both firms she was Hāpai I Te Ora.
Ellis specialising in family law and mental responsible for all aspects of family law
health matters, as well as being appointed and regularly received court appointments. Michelle Howard-Sager
as lawyer for child and lawyer to assist. Judge Grimes spent time as chair of the Judge Howard-Sager was sworn in at
From 2010 she practised as a barrister Nelson Family Courts Association from Whanganui District Court on 13 February
predominantly in South Auckland, initially 2008, was the Nelson Family Law Section as a District Court Judge with Family Court
in Quadrant Chambers and, from 2017, at representative for a number of years and jurisdiction to be based in Kaikohe.
Matariki Chambers, continuing her work in was vice-president of the Nelson branch Judge Howard-Sager is of Whakatōhea,
the areas of general family law, lawyer for of the Law Society from April 2018 until Ngāpuhi and Pākehā descent. She was
child and lawyer to assist, as well as lawyer her appointment. admitted as a barrister and solicitor in
for care recipient and subject person, and September 1997 and from 1998 to 2004
in Family Dispute Resolution and private Quentin Hix worked as a family and criminal lawyer
mediation work. Judge Hix was sworn in at Arowhenua for the Whanganui Crown Solicitor. As a
Marae near Temuka on 29 February as family lawyer, she worked in the areas of
Tony Greig a District Court Judge to be based in care of children and family violence as well
Judge Greig was sworn in at Christchurch Christchurch. as relationship property matters. She also
District Court on 11 February as a District Of Ngāi Tahu, Ngāti Māmoe, Waitaha, appeared on appeals to the High Court,
Court Judge with both jury and Family Hawea and Rapuwai descent, Judge Hix assisted and ran jury trials, appeared in the
Court jurisdictions to be based in New practised as a barrister and a solicitor District Court in relation to departmental
17PEOPLE M arc h 2 0 2 0 · L AW TA L K 9 3 7
prosecutions and sentencing as a appointment. In practice her work Connell in Auckland where he had
criminal prosecution lawyer. As a included all aspects of family law worked since May 2000. He was
solicitor for the Ministry of Social including care and protection, PPPR, admitted in March 1985 and has
Development, from 2004 to 2012, relationship property, and Hague both prosecution and defence
she worked with CYF conducting Convention cases. Judge McLeod experience. He has represented
hearings, providing legal advice and is a LEADR trained mediator. More the Crown on many occasions in
assessing business risk. From 2012 recently her work has focused the Court of Appeal. In the last few
until recently she was the Regional on complex lawyer for child and years he focused on the prosecution
Litigation Manager for Ministry of counsel to assist matters. She has of serious drug offending. Judge
Social Development and Oranga been a trustee of Birthright Hawke’s Northwood practised as a barrister
Tamariki for the lower North Island, Bay, a member of the Hastings Care sole in South Auckland from 1989 to
responsible for the management of and Protection Resource Panel, a 2000 where his practice was mostly
a team of care and protection and member of the standards committee criminal law with a preference for
fraud solicitors. of the Hawke’s Bay branch of the defending in jury trials and a small
Law Society, Te Kāhui Ture and the practice in medical disciplinary
Gordon Matenga Hawke’s Bay representative of the law. He worked part-time as a
Gordon Matenga will be sworn in at Family Law Section. tutor at Auckland University Law
Hamilton District Court on 19 March School tutoring criminal law and
as a District Court Judge with jury Kevin Muir jurisprudence in the mid-1990s and
jurisdiction to be based in Hastings. Kevin Muir will be sworn in on 13 he previously worked at Sturrock
Judge Matenga’s iwi affilia- March at Auckland District Court as Monteith and Field & Co.
tions are Ngāti Kahungunu, Ngāti a District Court Judge with Family
Rongomaiwahine and Ngāti Court jurisdic- Rachel Paul
Porou. He was a partner in Preston tion to be based Judge Paul was sworn in at Wairaka
Matenga from 1990 to 2000, a sole in Auckland. Marae in Whakatane on 17 February
practitioner from 2000 to 2004 and Admitted as as a District Court Judge with Family
a partner in Foster Matenga Milroy a barrister and Court jurisdic-
from 2004 to 2007, focusing on solicitor in June tion to be based
criminal law, civil law and Māori 1988, Judge Muir in Hamilton.
issues. Judge Matenga worked as commenced Judge Paul is
a part-time coroner in Hamilton with Morgan Coakle as a litigation of Ngāti Awa and
from 1996 to 2007, and from 2007 lawyer in 1989. He was made an Ngāti Manawa
until his appointment, as a full-time associate in 1993 and a partner in descent. After
coroner in the Waikato and Bay of 1996. He has been the firm’s senior admission to
Plenty regions. family law and employment law the bar in December 1993 she
partner. He has extensive experi- commenced practice in Opotiki.
Alison McLeod ence in family litigation, particu- She moved to Tauranga in 1996,
Alison McLeod will be sworn in at larly relationship property and care working for Holland Beckett as
Hastings District Court on 20 March of children issues as well as civil lit- head of the family litigation sec-
as a District Court Judge with a igation, appearing usually as lead- tion. She took two years’ break
Family Court warrant, to be based ing counsel before the Family Court, from legal practice to attend Te
in Invercargill. District Court, High Court or Court of Wharewānanga o Awanuiārangi,
Judge McLeod was admitted Appeal. Judge Muir has previously undertaking total immersion Māori
in September 1997 and practised appeared in criminal matters and classes. She returned to work for
family and criminal law in Porirua. has extensive experience in employ- an Opotiki firm in 2005 then joined
In 2001 she joined Callinicos ment law, insurance law and civil Francis Eivers in 2006 before com-
Hayward in Napier. Judge McLeod litigation. mencing her own practice in 2009
returned to Porirua in 2003 and in which she specialised in family
commenced work with Catriona Bruce Northwood litigation. Judge Paul worked in
Doyle Law Offices. In 2006 she Judge Northwood was sworn in the criminal and treaty law juris-
began practice on her own account at Auckland District Court on 21 dictions for over 10 years. She
in Tauranga and in 2010 returned February as a District Court Judge acted as lawyer for child, counsel
to Hawke’s Bay and set up McLeod with jury jurisdiction to be based to assist, counsel for subject person
Hart Law Ltd in Havelock North in Palmerston North. as well as being a youth advocate
where, aside from two sojourns Judge Northwood has affiliations appearing in the Youth Court and
with Oranga Tamariki as a senior to Te Aupōuri. On appointment he Te Kooti Rangatahi.
solicitor, she practised until her was Special Counsel with Meredith
18L AW TA L K 9 3 7 · M arc h 2 0 2 0 PEOPLE
Brandt Shortland broad litigation experience including North Shore.
Brandt Shortland will be sworn an earlier career focused on Treaty of Judge Wallwork is of Samoan
in at Whangārei District Court on Waitangi claims and was a specialist ancestry with
18 March as a District Court Judge in all aspects of family law including over 30 years’
with jury jurisdiction to be based being an accredited mediator. experience as a
in Kaikohe. criminal lawyer
Judge Shortland has iwi affili- Robyn von Keisenberg since her admis-
ations to Ngāti Hine – Te Orewai, Robyn von Keisenberg will be sion in February
Ngāpuhi, Ngāi Te Rangi and Ngāti sworn in at Auckland District Court 1988. She has
Ranginui. He was admitted in on 12 March as a District Court Judge been head of
1995 and commenced practice in with Family Court jurisdiction to be chambers at Liberty Law Cham-
New Plymouth before relocating based in Auckland. bers since 2010. She has extensive
to Hamilton in 1996. For the next Judge von Keisenberg is of criminal trial experience in South
11 years he worked regularly in the Samoan descent and was admit- Auckland and is approved as a legal
criminal, Youth and Family courts ted in February 1980. Over the aid provider for all categories. She
with multiple assignments as lawyer last 25 years she has specialised has been a barrister sole since 2001.
for child and youth advocate. In 1999, primarily in the area of family
he was made a partner in the firm of law. She has been practising at Peter Winter
Bogers Scott & Shortland. He was also the independent Bar since 2000 Peter Winter will be sworn in at
appointed the District Inspector for and was the founding member Auckland District Court on 9 March
Mental Health, and later the District of Wyndham Chambers – a small as a District Court Judge with jury
Inspector under the Intellectual group of senior family law bar- jurisdiction
Disability (Compulsory Care and risters. She is a former chair of to be based in
Rehabilitation) Act in 2003. In 2007 the Deportation Review Tribunal Auckland.
he was appointed coroner for Te Tai (2003-06) and deputy member of Judge Winter
Tokerau based in Whangārei and was the Mental Health Review Tribunal was admitted
appointed as the first Deputy Chief (since 2011). She was the chair of the to the Bar in
Coroner in December 2016. He has Family Courts Association for sev- February 1980.
been involved in policy development eral years and has been a member In the early part
around cultural sensitivity, body since 1998. She is president-elect of of his career he worked for firms in
tissue retention processes, return the Auckland Medico-Legal Society Melbourne, Auckland and London
of tupaapaku to whānau in a timely for 2020. Judge von Keisenberg has before becoming a founding member
manner and Koiwi repatriation authored and presented a large of Hobson Chambers (formerly
processes. number of Law Society, Te Kāhui Ponsonby Chambers) in 1989. He is
Ture presentations relating to a past President of the Criminal Bar
Kiriana Tan family law practice. Association and has contributed to
Judge Tan was sworn in at Hamilton the profession in various ways at
District Court on 18 February as a Denise Wallwork both district and national levels.
District Court Judge with Family Denise Wallwork will be sworn in Judge Winter has practised as a
Court jurisdic- on 10 March at Manukau District barrister sole since 1989, specialising
tion to be based Court as a District Court Judge with in criminal law at all levels with an
in Manukau. jury jurisdiction to be based on the emphasis on serious crime. ▪
Judge Tan is
of Chinese and
Māori descent,
with tribal affil-
iations to Ngāti
Ranginui and Ngāti Mutunga. She is
a graduate of Te Whare Wānanga o
Waikato – Te Piringa and was admit-
ted to the bar in September 1998, Paul Moriarty BSc FCA F Fin MInstD
T 09 363 3700
starting practice with East Brewster
M 022 107 5787
in Rotorua that year. She also worked
www.moriartyassociates.co.nz
as an associate with McCaw Lewis
and a litigation lawyer with Walters
Williams and Co before practising as Expertise • Experience • Independence
a barrister sole from 2008. She has
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