Social media's legal criteria

There once was a time, not long ago, when geeks governed the internet and laws of the physical world did not apply. These days are gone. Now more and more frequently internet and, in particular, social media users are finding themselves in legal strife. This affects the majority of adult New Zealanders.…

From the Law Society

2013 promises to be a big year for the Family Court. Submissions to the select committee considering the Family Court Proceedings Reform Bill were due on 13 February. The Law Society’s submission, prepared by the Family Law Section, has been filed and I urge all lawyers to read it. There are some…

Foods that can help bust stress

Ever found yourself, after you’ve been stressed out, reaching for a drink – alcohol or coffee – or craving some food you know is not that good for you? It’s a common experience. Not only is that likely to exacerbate what’s already happening in your body, it also highlights what is…

In-House Counsel Team of the Year

If you stopped for fuel at a service station in Lower Hutt in November, Z energy service general counsel Meredith Ussher may have pumped your gas. Ms Ussher, who leads the 2012 ComplyWith In-house Counsel Team of the Year, takes the concept of knowing your business extremely seriously. In her current role…

Standing for those who seek justice

Canterbury University law student Bridget Williams has aspirations to work in humanitarian law and the 20-year-old is making huge strides in achieving her goal. Ms Williams is in her third year of a double degree in law and arts, majoring in Classics and Political Science and has also been appointed President…

Where there's smoke there's fiery litigation

A recent High Court decision, Taylor v Manager of Auckland Prison [2012] NZHC 3591, which declared a rule banning smoking in Auckland Prison to be unlawful, may have pulled the rug out from under the Government’s smoke-free prison policy. This decision reminds lawmakers that rules and regulations must not only fall…

Lawyers in prison

The Corrections Act 2004 defines lawyers visiting clients in prison as visitors. They are therefore subject to the same statutory rules as anyone else visiting a prison. While most lawyers visiting prisons are well behaved, there are also instances of lawyers refusing to be searched, being rude to prison staff, and…

Commerce Commission settlement of Credit SaILS case

On 18 December 2012, the Commerce Commission announced that it had reached a settlement with certain companies under which the companies had agreed to create a settlement fund of $6 million to be distributed to investors who lost money when Credit SaILS failed in 2008.1 The settlement is an interesting example…

Changes to trust account certification reporting process

The Lawyers and Conveyancers Act (Trust Account) Regulations 2008 were an integral part of the 2008 legislation which made major reforms to regulation of the legal profession. These regulations specify clear and precise rules for lawyers operating trust accounts and in doing so provide for greater protection of the public. One…

New Zealand information security strategy

Private and public sector organisations are failing to secure valuable information, according to a non-profit company which represents information technology professionals. In2securITy was established last year by British immigrants Adam and Laura Bell, who both work in the IT industry. Ms Bell, the director of in2securITy, says New Zealand organisations lack the…

Still black and back from Bougainville

The concluding paragraph of my December 2011 article asked for letters, a book, chocolate, hand sanitiser, seeds, dry spices or yogurt powder to be sent to me in Bougainville. I would like to sincerely thank the Wellington law firms and individual lawyers throughout New Zealand who did this. Even though…

The new year - Time to understand your PI policy

As the summer fades away, barbeques and holidays become distant memories, replaced by new thoughts about the working year ahead and what excitement it will bring. One of the first points on the top of your working to do list for 2013 should be to understand and review the coverage provided…

Projects support intellectual disability

One of the most satisfying aspects of the Law Foundation’s work is supporting projects that make a real difference to the ability of marginalised or disadvantaged social groups to navigate the legal system. People with intellectual disabilities are one such group benefiting from our support. The Foundation has committed more than…

Lawyers Complaints Service: Struck off for professional misconduct

Kristina Andersen has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after she pleaded guilty to eight charges of professional misconduct. The misconduct took place during a period of “enormous pressures” upon Ms Andersen, her counsel told the tribunal (in [2012] NZLCDT 17). It followed her daughter’s diagnosis…

Lawyers Complaints Service: Suspended for using trust account monies

Guy Manktelow of Lower Hutt has been suspended for 12 months by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal for using clients’ trust account money without authority and giving false certificates to the Law Society. The tribunal suspended Mr Manktelow from 23 October 2012 ([2012] NZLCDT 30). Mr Manktelow’s practice maintained…

Lawyers Complaints Service: Suspension follows alcohol-related offending

Former Hawke’s Bay lawyer Sacha Beacham has been suspended for two years by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal following alcohol-related convictions and incidents. The tribunal (in [2012] NZLCDT 29) said that: “By a fine margin, we have determined that we should not strike her from the roll, but rather…

Lawyers Complaints Service: Discharge without conviction not available in disciplinary jurisdiction

Catherine Clarkson told the New Zealand Lawyers and Conveyancers Disciplinary Tribunal that she was seeking a “discharge without conviction” on the two unsatisfactory conduct charges she admitted. One charge Ms Clarkson faced (in [2012] NZLCDT 37) was that she failed to comply with a condition of her practising certificate to take…

Lawyers Complaints Service: Failure to pay out sale proceeds as directed

A Lawyer, A, has been found guilty of unsatisfactory conduct by a lawyers standards committee after he failed to pay out the proceeds of a property sale as directed. A acted for a company in the sale of a property. Another person, B, and his company had an interest in the…

Lawyers Complaints Service: Fined for signing court order without client’s consent

A Lawyer, B, who was found guilty of signing court orders without her client’s knowledge and consent, has been fined $2,000 by a lawyers standards committee. B was also found guilty on a number of other matters, including failure to release the client’s file, failure to keep the client informed and…

Lawyers Complaints Service: Suspended pending determination

Edward Johnston has been suspended by the Lawyers and Conveyancers Disciplinary Tribunal pending determination of a charge he is facing. Mr Johnston was excused appearance after saying by phone and in writing that he did not oppose the order being made, the tribunal said ([2012] NZLCDT 36). The lawyers standards committee submission…

Lawyers Complaints Service: $500 fine for making threat

A Lawyer, E, has been fined $500 by a lawyers standards committee for introducing irrelevant and very old material into a commercial dispute as a threat. E and a lawyer under his supervision, F, were acting for a trust that was in a long-running dispute with another family member, Mr G,…

Lawyers Complaints Service: Incorrect advice that property sale was unconditional

A Lawyer, D, was reprimanded by a lawyers standards committee and ordered to pay her clients $1,000 compensation after she told them their property sale was unconditional when it was not. The clients were selling a property and received an agreement for sale and purchase which required a satisfactory LIM report.…

People

Judge Laurence Ryan, who has been acting Principal Family Court Judge since October 2012, has been appointed Principal Family Court Judge. He took over the permanent role on 1 February. Principal Judge Ryan graduated with an LLB from Auckland University in 1972 and joined the late Brian Shenkin in partnership…

Law Firm News

North Shore law firm Simpson Western opened a new office at Silverdale in mid-January. It is located on the corner of Millwater Parkway and Polarity Rise. Simpson Western now operates from three locations on the North Shore – Takapuna, North Harbour and the new Silverdale office. The firm’s Silverdale office…