Anti dirty money legislation

Criminals are savvier than ever in their efforts to launder money and go to great lengths to avoid detection both locally and globally. Money laundering is the process by which criminals make “dirty” money, obtained from criminal activities, look legitimate or “clean”. They aim to introduce their “dirty” money into the financial…

Implications for lawyers and law firms

Minter Ellison Rudd Watts funds management and financial services lawyer Karen Mace has an intimate knowledge of the new anti-money laundering regime and has been involved in making submissions and advising clients on it since the first consultation documents were released. She regularly liaises with supervisors about issues faced by her…

Work on phase two will begin next year

Ministry Of Justice General Manager Criminal Justice Malcolm Luey says stage two of the anti-money laundering reform, which will capture lawyers, will kick in some time next year. Initial policy work for phase two of the reform is intended to begin in 2014, as one of the work streams in the…

Information for lawyers

When a lawyer is advising clients who may be reporting entities or customers of reporting entities and who therefore must comply with the new requirements: Lawyer advising clientWhile many banks and large financial services groups are advanced in their preparations, large numbers of smaller businesses may not currently be aware that…

From the Law Society

New Year is the traditional time for resolutions. These often involve personal goals but it is just as important to consider work and career goals. The management gurus tell us that the key to professional success lies in taking charge of your career, setting strategic and achievable goals, and planning for…

Early resolution of complaints

The New Zealand Law Society’s Early Resolution Service (ERS) for complaints against lawyers will be rolled out nationally on 1 February 2013. The ERS is focused on dealing with certain types of complaints by using alternative dispute resolution processes. When a complaint is made, a person qualified in dispute resolution assists the…

An amazing lawyer

LawTalk reporter Rachael Breckon speaks to public sector in-house lawyer of the year 2012 Rosalie Cus about why she chose to leave a large firm to work at the Ministry of Social Development (MSD). “I always had a sense that the public sector was the right place for me,” says Ms…

A well known stress-buster

Stress is consistently rated the number one problem that lawyers face. This was highlighted again just a few weeks ago when the British legal helpline LawCare reported that stress was overwhelmingly the main reason lawyers called. Stress was cited as the issue leading to their contact by 69% of callers. The next…

Law Reform Report

Environment Canterbury election suspension breaches constitutional valuesProposed legislation that would extend the suspension of local body elections in Canterbury until 2016 is not justified and is a disturbing breach of the rule of law, the New Zealand Law Society says. Legislation introduced and passed under urgency in 2010, without public consultation,…

Changes to allocation of judicial settlement conferences

The High Court recently undertook a review of how judicial settlement conferences are allocated to proceedings. In large part, this review was undertaken because the volume of judicial settlement conference work was leaving inadequate time for associate judges to deal with core judicial (adjudicative) work. Following this review it has been…

New faculty for Litigation Skills sought

NZLS CLE is seeking faculty for the 2013 residential Litigation Skills Programme, to be held at Lincoln University from 18-24 August. New to the NZLS CLE Litigation Skills Programme faculty last year, solicitor and Crown prosecutor Tim Mackenzie says he would encourage “one and all” to join the faculty. Being new and…

The preferred approach to trusts

The Law Commission has released a “preferred approach” paper in its review of the law of trusts. The paper outlines the commission’s proposed package of reforms across the range of topics covered in the previous five issues papers in this review. It seeks submissions on the effectiveness and workability of these…

The Bookshelf

Family Law Policy In New Zealand, 4th EditionEdited by Mark Henaghan and Bill Atkin The last edition was published in 2007. The book’s objective is to clarify the policy behind developing areas of family law. The editors say it is not a black letter text, but a critical account of the…

Older client perspective

The number of New Zealanders over the age of 65 is rapidly increasing. Statistics New Zealand projects there will be over 750,000 in New Zealand by 2021, making up 16% of the population. Rachael Breckon looks at the unique legal needs of this growing client base. Older clients cover a wide…

Lawyers Complaints Service: Not to be employed

Nicola Tawhara of Wellington is not to be employed by any practitioner or incorporated law firm in connection with their practice, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal has ordered. This order is to remain in force until lifted by the tribunal. Ms Tawhara was found guilty on two charges…

Lawyers Complaints Service: Suspended for deliberate falsification

Dunedin lawyer Helen Davidson has been suspended for six months by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after she admitted deliberately falsifying the date on a will. The suspension will end at the close of 21 June 2013 ([2012] NZLCDT 39). Ms Davidson was instructed by a member of Mrs…

Lawyers Complaints Service: Struck off for facilitating dishonest scheme

Hans Sorensen of Auckland has been ordered to be struck off for knowingly facilitating a dishonest scheme. Mr Sorensen has appealed this order of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal ([2012] NZLCDT 23). Pending the outcome of the appeal, Mr Sorensen is suspended. The tribunal’s penalty decision followed an unsuccessful appeal…

Lawyers Complaints Service: Name suppression for lawyer struck off for dishonesty

A lawyer, F, struck off by the Lawyers and Conveyancers Disciplinary Tribunal for serious misconduct has successfully appealed the tribunal’s refusal to grant permanent name suppression. The High Court affirmed the strike-off order, but found that exceptional circumstances relating to F’s mental health justified prohibiting any publication beyond the mandatory Gazette notice and other…

Lawyers Complaints Service: Lawyer’s directness did not breach rules

A Lawyer, C, successfully challenged a disciplinary finding that he had been disrespectful and discourteous to a client. The Legal Complaints Review Officer (LCRO) found C had not breached professional standards when responding to some forceful challenges from the client. Facts and complaintIn late 2007 the client instructed C to sue…

Lawyers Complaints Service: Disciplinary finding after threat of complaint to Auditor-General

A Barrister, E, pursuing a dispute about a tertiary course was found guilty of unsatisfactory conduct after he told the institution he intended to complain to the Auditor-General that its approach to the dispute was wasting tertiary funds. Facts and complaintA student was unhappy about the quality of a course she…

Lawyers Complaints Service: Lawyer fined for verbal abuse of fellow lawyer

A Lawyer, A, has been censured and fined $1,000 by a Lawyers Standards Committee for swearing at and insulting another lawyer. The committee also considered several other lesser incidents involving insults and criticisms, but decided these did not warrant any intervention. The complainant lawyer, Mr X, had been unable to attend…

Lawyers Complaints Service: Lawyer ordered to share client’s costs burden

A Barrister, D, who missed a court appearance and failed to protect his client’s interests has been ordered by a Lawyers Standards Committee to share the burden of a costs order made by the court against the client. Facts and complaintThe client was defending civil proceedings in the High Court, and…

People

New Year’s HonoursThe following members and former members of the legal profession were awarded honours in the New Year’s Honours list: Justice Judith Potter, of Auckland, was made a Dame Companion of the New Zealand Order of Merit for services to the judiciary. Justice Mark O’Regan, of Wellington, was made a Knight…