New Zealand Law Society - Session topics

Session topics

Pre-Conference Seminars - Thursday 13 March

AML workshop: Department of Internal Affairs, Financial Intelligence Unit and AML Solutions

Rob Milnes (DIA), Dave Bealing (New Zealand Police) and Tijana Misur (AML Solutions)

Get essential updates from the Department of Internal Affairs, the Financial Intelligence Unit and AML Solutions as they provide practical tips and tricks to help your practice navigate an increasingly complex regulatory landscape. This session is open to anyone that is involved with the AML process, including support staff.

AI & the Law: Latest Developments and Live Demonstration of Legal AI Tools

Derek Roth-Biester (Criterion Law)

Local Queenstown tech expert, Derek Roth-Biester (Criteron Law), will provide an update on the latest advancements in legal technology, including a live demonstration of cutting-edge AI tools designed to keep your practice competitive in an evolving digital landscape.

Keynotes - Friday 14 March

High-Tech Stalking: Navigating legal challenges in the digital age

Steven Bradley (USA)

As our dependency and use of technology increases, we rely on electronic devices to complete many daily activities. Unfortunately, these same technologies are being seen more and more in legal cases where offenders have identified ways to exploit them in order to manipulate the outcomes or facilitate harm towards their victims. In this interactive workshop, Steven Bradley will explore the risks and benefits of technology, not only for the clients we serve, but also for you in your personal and professional lives. Attendees will learn safety planning and evidence collection strategies for phone technology, location apps, social media, and more. Non-technical language will be used throughout the presentation and how to safely navigate the world of technology.

Overcoming clinical depression and burnout: Breaking the silence on mental health in professional services

Susan Rowe (Buddle Findlay) and Steven Colligan (FronTier)

Susan Rowe is a successful health and safety, employment and civil litigation partner at national law firm, Buddle Findlay. Susan will share her personal journey over the past few years since being diagnosed with clinical depression and learning how to navigate her recovery while working in the profession. Her goal in sharing her own story is to further destigmatise discussion about mental health in professional services and raise awareness of the impact our actions at work have on mental health.

Steven will cover the research and science of resilience, navigating change and stress, as well as practical tips to build and grow personal resilience.

At the end of the seminar you will be able to:

  • Recognise the signs that indicate a decline in mental health; and
  • Feel more confident having your own wellbeing and mental health discussions in the workplace.

Sessions - Friday 14 March

Session 1: Cooper v Pinney: Clayton revisited 

Rhonda Powell (Barrister) and James Tocher (Russell McVeagh)

In December 2024, the Supreme Court delivered its decision in Cooper v Pinney [2024] NZSC 181. The Supreme Court considered the breadth and application of Clayton v Clayton [2016] NZSC 29, [2016] 1 NZLR 551, and found that Mr Pinney’s rights and powers under a discretionary family trust deed did not amount to ‘property’ within the meaning of s 2 of the Property (Relationships) Act 1976. The Court also considered the applicability of the Trusts Act 2019 to the dispute and found that the law must be applied as it stood at the date of separation, and commented on the circumstances in which tikanga may be considered by a Court in a relationship property dispute.

Rhonda Powell was Counsel for the respondent in this case, alongside Stephen van Bohemen. James Tocher appeared in the Supreme Court for the trustees of the MRW Pinney Trust, alongside Andrew Butler KC and Nathaniel Walker.

This session shall address:

  • The key facts and arguments in Cooper v Pinney
  • The Supreme Court’s reasoning in Cooper v Pinney, including its comments on the applicability of the Trusts Act 2019 and the applicability of the law of tikanga
  • The implications of the Cooper v Pinney decision for New Zealand law
  • Considerations for lawyers advising on relationship property and asset protection.

It is anticipated that this session will be of interest to lawyers advising on the establishment and operation of trusts, as well as lawyers advising in relationship property and / or trust litigation.

Session 2: The interface between private property rights and interests and resource management decision making

Rosie Hill and Ben Gresson (Todd & Walker Law)

A deep dive into the role of private property rights in decision making under the Resource Management Act 1991 (RMA). This seminar will offer a refresher on standing and more recent case law developed under the RMA which addresses key issues in decision making relevant to private property instruments such as easements, covenants, and the like. Topics to be covered will include resource consent notification decisions in the circumstances of non-object covenants or other potentially relevant registered interests, the relevance of such instruments to decisions on resource consent applications, and recent Environment Court commentary on the ability to provide for long term environmental and planning outcomes under different instruments created under the Property Law Act, as compared to tools within the RMA itself. This session is aimed at practitioners and decision makers with broad interest across both property and environment/resource management legal domains.

Session 3: Balancing Workplace Safety, Drug and Alcohol Testing in the Workplace, the New Zealand Bill of Rights Act and Tikanga Māori

Her Honour Judge Kathryn Beck (Employment Court of New Zealand) and Janet Copeland (Copeland Ashcroft)

This session will provide insights into managing the delicate balance between creating a safe, productive workplace and respecting the rights of employees in line with both legislation and cultural values.

  • Case Law and Precedents: Key legal cases that have shaped the approach to drug and alcohol testing in the workplace, and the limits on testing imposed by the courts in relation to personal rights.
  • The Role of Health and Safety Legislation: Understanding the health and safety obligations under the Health and Safety at Work Act 2015 and how drug and alcohol testing fits within these requirements.
  • Tikanga Māori and Cultural Considerations: A discussion of how tikanga Māori principles, including respect for privacy, dignity, and the concept of mana, can influence the development and application of testing policies in the workplace.
  • The New Zealand Bill of Rights Act: How NZBORA protects individuals' rights to privacy, freedom from discrimination, and personal autonomy, and how these rights interact with workplace testing requirements.
  • Best Practice Guidance: Practical recommendations for employers on developing fair and compliant drug and alcohol testing policies, ensuring they respect both workplace safety and individual rights.

Session 4: Utilising Theory of the Case to Clarify Litigation

Sarah Saunderson Warner (Barrister)

This session is designed for all litigators and will be relevant to family, civil and criminal advocates of all experience levels.

The session will explain what is theory of the case, why you should develop one, how to develop  the theory based on case analysis and how to best utilise the theory in your litigation.

Session 5: Understanding kindness as a tool to enhance the performance of individuals, teams, and organisations

Nicki Macklin, British Medical Journal (BMJ) Leader

This is not a presentation about kindness being soft and fluffy. Kindness is increasingly understood as one of the key ways that organisations can build social capital and enhance their competitive edge as an employer whilst also creating organisational cultures that lead to greater staff wellbeing and performance.

Having recently completed her PhD exploring the conditions for kindness inside healthcare workplaces, Nicki will demonstrate how these learnings translate into other professional contexts such as the law. She will explain what kindness is, why it matters, and how leaders and organisations can encourage more of it.

This content will apply to a broad range of law practitioners, from new graduates to executives.

Session 6: Trust law update and discussion on managing common but tricky issues in Estate and Trust litigation

Matthew Prendergast (Barrister)

An update on recent developments in trust law and discussion broadly focussed on managing risks associated with advising clients with multiple hats and maintaining privileged communications.

This session is aimed at private client lawyers, commercial lawyers and property lawyers.

Session 7: Employment Law: Where is it all heading: What’s “working” in 2025?

Maria Dew KC (Barrister)

This session will explore recent developments, case law and the future of work.

  • The Uber decisions on contractors versus employees. Currently awaiting a decision on leave to appeal to the Supreme Court and Government proposals to reverse the impact of this decision. What should employers make of all this.
  • The rise of issues with flexible working and intermittent illness.
  • Consultation pitfalls in company restructuring and redundancy.
  • The rise of independent employment investigations and reviews, what can we learn 15 years on.

Session 8: Advising your clients on a significant sale or financing transaction and the real benefit of first completing a vendor/borrower due diligence

Tony Sycamore and John Powell (Russell McVeagh)

We will cover the benefits of assisting clients in completing a vendor due diligence prior to putting their asset / business on the market or executing a significant refinance.

We will work through the steps and suggest some strategies that may assist clients to prepare versus the requirement for satisfactory completion of due diligence after they have received a conditional offer or funding proposal.

We will look at the important areas you as their legal advisor need to cover in the due diligence process and go over some real-world examples of the benefits and traps.

Session 9: Sentencing reforms: the return of three strikes and further restrictions on discretion in sentencing

Henry Benson-Pope and Yasmin Olsen (Otago University)

In an effort to deliver on a series of election commitments relating to law and order, the Coalition Government has rapidly progressed a range of reforms to the Sentencing Act 2002 and related legislation. These reforms have proceeded at pace and been met with significant criticism. This session aims to update practitioners on the key developments and their possible implications.

While this session is primarily aimed at criminal lawyers and those with an interest in the criminal justice system, it may also be relevant to those with an interest in the issues under the New Zealand Bill of Rights Act 1990 raised by the amendments.