New Zealand Law Society - LawTalk issue 932

LawTalk issue 932

LawTalk issue 932

On 3 September the New Zealand Law Society will have been in existence for 150 years. In the September issue of LawTalk Law Society President Tiana Epati considers the issues which face the legal profession in 2019. Through a timeline and photos we chart the development of the profession, the trailblazers and the sometimes slowly emerging changes to its organisation and composition.

Legal profession history

On 3 September 1869 Parliament passed the New Zealand Law Society’s Act 1869, for all barristers and solicitors of the Supreme Court lawfully practising within the Colony of New Zealand to “for ever hereafter be and be called one body politic and corporate in deed and in law by the...

New Zealand's oldest law firms

A 150th birthday is an important milestone, and the New Zealand Law Society is acknowledging the moment in a fitting manner when it hits 150 on 3 September. It’s a long-lived institution, but within the practice of law there are some which are older still. In fact, there are 24...
Tacos fall apart and we still love them

Tacos fall apart and we still love them

I started this series a year ago with the aim of destigmatising mental health issues and normalising conversations about mental health in our profession. It’s a work in progress, but feedback I’ve received and conversations I’ve been having indicate that these articles are resonating and we’re on the right track. 23 –...
Online legal information providers look forwards

Online legal information providers look forwards

Great adventures often begin with the assembling of an eclectic band of people unsure of what they are getting themselves into, who then overcome obstacles to unite and save the world. While saving the world was not an official agenda item, it was in a similar spirit that the University...
Rumpole of the Bailey: Where defiance is a virtue

Rumpole of the Bailey: Where defiance is a virtue

Rumpole of the Bailey was created by British writer (and former barrister and QC) John Mortimer as a defiant criminal lawyer. He first made a television appearance in the week before Christmas 1975 but wouldn’t become a familiar face on British and New Zealand screens until the 1980s. Rumpole of the...

The environmental impact of those electronic things on your desk

At the heart of the climate change problems the world is experiencing are greenhouse gas emissions into the atmosphere. Climate change is primarily caused by the accumulation of greenhouse gases in the atmosphere due to human activities. These absorb heat from Earth’s surface, warming the atmosphere. New Zealand’s emissions mainly come...

People in the Law

Update

Default union enrolment widely supported

Nearly two-thirds of New Zealanders support automatic trade union enrolment for new job starters, provided they also have the right to opt out afterwards, according to research conducted as part of a Law Foundation-backed study. What’s more, support for a “union default” policy extends across society, regardless of political, occupational, income...

The Zero Carbon Bill – a framework for New Zealand’s climate change journey

Climate change is happening, and it is happening now. And it is caused by human activity. There is overwhelming scientific consensus about this (eg, BD Santer “Celebrating the anniversary of three key events in climate change science” Nature Climate Change, 25 February 2019).

New Incorporated Societies Act — Progress Report 1

In a series of three articles, incorporated societies expert Mark von Dadelszen will look at the proposed reform of the law relating to incorporated societies. This will involve a complete overhaul of the existing century-old legislation. Read part two and part three. A brief history of the reform process An 1895 New...

The story behind the first Tokelau High Court judgment

Just before Prime Minister Jacinda Ardern was visiting Tokelau – the first New Zealand Prime Minister to do so for 14 years – judgment from the first full hearing of the High Court of Tokelau was issued, but in Wellington (Suveinakama v Council for the Ongoing Government of Tokelau [2018]...

Law Commission recommends a new Act for dividing property when people separate

The Law Commission has concluded its review of the Property (Relationships) Act 1976 (PRA) by recommending an overhaul of the way couples should divide property when they separate. The Commission proposes Parliament repeal the PRA and replace it with a new Act. Although the new Act would contain some familiar...

150 years on

On 3 September, the Law Society will arrive at exactly 150 years since it was first organised under the New Zealand Law Society’s Act 1869. I could go on about the detailed history, and what happened in 1897. I could talk about the fact that in that year, not long...

Alternative Dispute Resolution

Experienced arbitration lawyers aiming to make New Zealand a Pacific arbitration hub

Some experienced New Zealand lawyers who’ve worked overseas in arbitration have returned home for the Kiwi lifestyle and to help create more opportunities for international work now available here. Coming back to the green pastures and, perhaps, the simpler life of New Zealand is not an easy decision to make –...

Arbitrations and Proportionality

A feature of arbitration is the opportunity to tailor the procedure to the particular dispute. In choosing the procedure, fairness and efficiency are obviously to the forefront. But equally important is proportionality. Proportionality pegs the time and cost of an arbitration at a level that will be economic for the parties...

Appointing your arbitrator

Dinosaurs were not quite roaming the earth when I first turned my mind to arbitration as a young lawyer (though my daughter would demur). It’s not that long ago that arbitration was primarily the preserve of lease and construction disputes. Since that time, we have had the almost universal adoption...
Cognitive dissonance

Cognitive dissonance

Psychology plays a fundamental part in the mediation process. There are five key psychological traits that emerge most often in mediation: confirmation bias, cognitive dissonance, reactive devaluation, reciprocation bias and Hanlon’s razor. This article examines cognitive dissonance and follows on from my previous discussion of cognitive bias. Cognitive dissonance refers to...

Practice

Diversity in the legal profession: At a glance

The demographic makeup of New Zealand’s legal profession continues to change. While the proportion of women and men practising law now reflects that of our society, the ethnic makeup of the profession still lags behind that of the national population. The information provided here is intended to give an overview...
Recruiting and retaining staff: Standing out to keep good employees

Recruiting and retaining staff: Standing out to keep good employees

“Any firm that doesn’t see their staff as their number one asset will not prosper.” – Sheryll Carey, ALPMA NZ committee member. According to the 2019 ALPMA (Australasian Legal Practice Management Association) NZ Legal Industry Salary & HR Issues Survey, retention and attraction were the biggest challenges for 94% of responding...

Having the philanthropic conversation: Is it good for business?

While many people don’t think of themselves as philanthropists – after all, it’s a word that many align with the rich and famous – we find that most people do want to make a difference in the world. And in our line of work we find that philanthropy, or good old-fashioned...

Global trends for the in-house legal profession

In LawTalk 931, August 2019 our Executive Manager, Gabrielle O’Brien, highlighted some of the key themes that came through in the Deloitte/ILANZ in-house trends survey (“In-house legal – A force to be reckoned with”). Curious to understand whether there were any parallels with our in-house counterparts in other jurisdictions, we...

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