LawTalk issue 921
The September issue looks at the cultural changes made by the largest law firms during 2018. We also highlight some concerns at the state of court reporting and continue the focus on diversity in the legal profession. As well as discussion of developments in several areas of the law, the September issue includes lawyers’ reports on a Tesla test drive, scuba diving in Iceland and a UK golfing odyssey.
Consensus Building
One of the issues I often raise when presenting on mediation and dispute resolution is that we don’t think outside the square enough about the ways to use mediation or facilitation skills. In New Zealand, the square is the traditional one-day mediation held in the days or weeks leading up…
Let's have some fun out there
I will be joining you in the audience today, readers. I will be sitting beside you and stealing your chocolate biscuits and saying to no one in particular that I could really go a cup of tea if anyone was making one, and then jiggling my leg annoyingly while we…
Judge Herbert Carr
Tena Koe,
Could we please have a correction on page 74 of LawTalk 902 (August 2018), “Some trailblazers”.
I have constantly seen an inaccuracy over the years in regard to the first Māori judge appointments to the bench, and this really needs to be corrected.
The first Māori person appointed to the bench was…
Te reo Māori, kei a ia anō tōna ake whakahua
Correct pronunciation of kupu Maori is essential when learning te reo Maori or developing your understanding of the language. You cannot simply pronounce te reo Maori kupu like you would pronounce them in English, they have a different sound and a different way they fit with other vowels and consonants.…
What has been changing in the largest law firms?
With a number of major profession-wide initiatives underway to confront and tackle workplace cultural issues, individual legal workplaces have also been making changes. Between them, the 15 largest law firms in New Zealand (by lawyer numbers) are the workplaces of 27% of lawyers who work in firms with more than…
People
The lawyer who proved the doctors wrong
Vanassa McGoldrick isn’t one to let small things get her down.
The Whangarei litigation lawyer has struggled all her life with health issues, having been diagnosed with a rare condition when she was born.
Ms McGoldrick, who is 52, was born with Nail-Patella syndrome, and has no kneecaps or quadriceps muscles in…
Helping hatch the stars of the future
Focused parents were one of the key reasons behind the career choice of Wellington tax lawyer and Pacific business mentor Arti Chand.
Ms Chand grew up in Fiji and came to New Zealand to study law at Victoria University, completing LLB and BCA degrees. She was admitted as a barrister and…
Lawyer and journalist: the busy life and the many talents of Reina Vaai
Hereina Vaai is a busy person. She is a Public Defence Service lawyer, and a television journalist.
Better known as Reina, being on the move is a lifestyle she enjoys. To Reina it is not tiring being constantly busy, it actually energises and encourages her to do more.
Like some other lawyers,…
The Innovators: Helen Mackay, Juno Legal Director and lawyer
LawFest organiser Andrew King continues a series of interviews with key legal professionals with their innovation and technology stories.
Update
The Autumn Tree appeal — The Court of Appeal clarifies important principles of company contracting
The Court of Appeal in Bishop Warden Property Holdings Ltd v Autumn Tree Ltd [2018] NZCA 285 has confirmed the danger of assuming that a single director of a company has authority to contract on behalf of the company (except in the case of a company that has only one director).
In LawTalk 920,…
The new defence of responsible communication on a matter public interest
Last month, the Court of Appeal delivered its judgment in Durie v Gardiner. The judgment has caused quite a stir in media circles, as, in it, the court (comprised of French, Winkelmann and Brown JJ) recognised a new defence to the tort of defamation.
Update on two environment projects
Three new options for organising the resource management system will be proposed by a major Law Foundation-funded review due to report by the end of the year.
The Environmental Defence Society’s first principles review of resource law recognises that the Resource Management Act, world-leading when introduced 27 years ago, is no…
Territory — Do you really know what you are getting?
A key part of franchising is for a franchisor to be able to offer some sort of territory to their franchisees. Most franchise systems in New Zealand and Australia rely on specific territories. A potential franchisee who has selected a franchise system and obtained a copy of the disclosure document…
Inland Revenue targets "dividend stripping"
The IRD’s crackdown on what it regards as tax avoidance is encroaching further into areas which have, in the past, been considered normal business practice.
Its latest target is “dividend stripping”, creating a scenario where all forms of corporate restructuring, even those with a clear commercial purpose, could be struck down…
The Justice System
Decision highlights problems with court reporting
In July, the New Zealand Media Council strongly criticised a leading news organisation’s coverage of a major court case.
This followed a complaint by a Crown Solicitor about inaccuracy. The complaint was upheld.
The story in question was published by news website Stuff with the headline ‘Children admit making up sex claims…
Just under one-third of judge-alone District Court trials adjourned
Nearly one-third – 31% – of scheduled judge-alone trials in the District Court were adjourned on the day they were set down for hearing in the year to 30 June 2018, Ministry of Justice information shows.
While there were a relatively high number of adjournments, just 10% of the scheduled trials…
Administrative impositions on the judicial process
As a retired barrister I see an increasing risk to our courts system in the way the Ministry of Justice is imposing its own changes and standards on the delivery of justice.
The historic approach in this and other Westminster-based countries left judicial decisions squarely in the hands of our judges.…
Practice
Does the legal profession have cultural capability?
New Zealand’s legal profession has a different ethnic composition to the wider population. At present 85% of lawyers are of European ethnicity, compared with 74% of our working age population. Change is coming, with Europeans comprising just 71% of those completing legal professionals in 2017 (“Lawyer ethnicity differs from New…
The Pacific Lawyers Association's viewpoint
The Pacific Lawyers Association was established in 2001. It has a focus on promoting fellowship and mutual support among Pacific People, identifying and responding to the legal needs of Pacific communities, and promoting and conducting research on any issues of relevance to Pacific lawyers and Pacific people. LawTalk put three…
Chapman Tripp pro bono assistance helps Dignity social enterprise
We at Dignity, a New Zealand social enterprise, are grateful to receive pro bono assistance from Chapman Tripp.
Our organisation provides female sanitary items in the workplace, using a ‘buy-one give-one’ model. Under our model, employers pay a monthly subscription with orders sent varying in size and cost depending on the…
Adding significant value to client relationships
Professional advisers are often surprised to discover how many people get great fulfillment from personal giving. There is no doubt that presenting knowledgeable options on how to give well can be of significant benefit to lawyer-client relationships.
The days of giving to charity by dropping money in a bucket or sponsoring…
Focus on Napier: the sunshine city that keeps on growing
Art Deco buildings and festivals, tip-top beaches, endless sun, a sporting culture, nearby vineyards, and a varied community are among many of Napier’s attributes.
Which provides plenty of temptation for lawyers to take up jobs in the city or stay where they are.
There’s all sorts for people of all types, and…
Carl Rowling — the Napier lawyer with the big-time boxing connection
Given the way business can be done in 2018, with everything a mere send button away, the opportunities for using a provincial town as a base have become increasingly within reach.
Which is certainly the case for Carl Rowling, the Napier-based Director of Rowling Law & Strategy – a name that…
What to do when you discover you've been hacked or defrauded
There are some nasty criminals out there, just waiting to infiltrate your IT system and steal all your money or that of your client. They’re well hidden under rocks somewhere on this globe and are rarely brought to justice. Which means if you’re involved in a New Zealand law firm…
Legal Information
How Judges Decide Cases — Reading, Writing and Analysing Judgments, 2nd edition
When I was eight years old I had to stay home from school for a week because of an ear infection.
As I had an irresponsible parent (and only one at that), I was allowed to watch daytime television, which in those days consisted largely of soap operas like The Days…
International Indigenous Rights in Aotearoa New Zealand
This is a unique contribution of informative and critical essays on the effects of the United Nations Declaration on the Rights of Indigenous Peoples in this country. Comprising 232 pages, including the table of contents, index and a copy of the Declaration (as an appendix), the book provides an overview…
New Zealand Law Society Library services: The hidden gold
New Zealand’s lawyers have had access to a national law library service for nearly a decade, but it is possible that many do not realise exactly what is available.
The libraries and the library service are well known to regular users. However, hidden within the single Law Society computer terminal which…
Lifestyle
Scuba diving in Iceland
As I stare at my reflection on the surface of the Coral Sea pretending I’m not scared of drowning, it occurs to me that I really shouldn’t let my brother talk me into joining his adventures so easily. A healthy dose of sibling rivalry pushed me into saying yes when…
Tesla Model S P100D
You may well know a few things already about Tesla vehicles: battery powered; semi-autonomous; rumours of a Ludicrous mode; made by a company founded by a guy who founded a company that can simultaneously land multiple used space rockets; made by a company founded by a guy with a bit…
The Open Championship courses: A bucket list trip
I fell in golfing lust with the 1st tee at the Old Course in St Andrews the moment I laid eyes on it back in 2010. Since taking up the game at age 12, I’d always hoped that one day I would get the chance to play the Old Course…
Denver — a work in progress
Denver, the capital and main city of the mountain state of Colorado, is a large and growing city stuck in the middle of nowhere with a fierce local pride and seemingly much to be proud about.
It’s also a city in transition and is grappling with the problems that come with…