Mina Wharepouri: It's a bit like being an outsider

“What I have noticed now I’m on my own is I do the same job without the level of support I once had, and rely now on my own initiative to get by. But this is no different for any other barrister, criminal law or civil. You’ve chosen to go…

Emma Va'ai: Using native languages enhances communication

Although law covers a vast array of areas, one of the recurring features in all is the art of communication – particularly with one’s clients. And while interpreters can assist lawyers when a client is not fluent in the New Zealand English language, the benefit of being able to converse…

Mark Aspden: Taking on a leadership role

Commercial lawyer Mark Aspden has been asked, figuratively speaking, to put on the captain’s armband in an important year for the sport of football. The national men’s team, known commonly as the All Whites, will be playing for a spot in next year’s FIFA World Cup in November against a yet…

Barbara Vague: I fell in love with the place

Moving one’s practice from the busy urban environment of Auckland to a more serene lifestyle in rural North Canterbury is an idyllic dream but one tempered with the realities of major change. Having to build up new business contacts in a rural area where the client base is small, and not…

Keith Brown: Rugby refereeing and the law

Southland lawyer Keith Brown probably has an advantage over fellow colleagues when it comes to a good yarn or two. The former international rugby referee has stood in the middle of many of the most famous rugby stadia in the world plus some of the less traditional grounds. “I once had…

From the Law Society

Section 65(e) of the Lawyers and Conveyancers Act 2006 says: “The regulatory functions of the New Zealand Law Society are – (e) to assist and promote, for the purpose of upholding the rule of law and facilitating the administration of justice in New Zealand, the reform of the…

Bamyan's legal system: room for growth

In late 2011 I deployed to Afghanistan for 12 months as part of the New Zealand Provincial Reconstruction Team (NZPRT). My role was to help develop the rule of law and promote good governance in the Kahmard District of Bamyan Province. This would be a daunting task in almost any…

Moving towards CPD

CPD Plan and Record (CPDPR) refresher At the heart of the Law Society’s lawyer-centred CPD initiative is your CPDPR. This is your record of your own unique learning needs, your proposed action plan, and the activities you choose to put your plan into effect. It includes your: learning needs; action plan; …

Is life satisfaction possible in the modern world?

We often hear people talk about “living the dream” and seeking more “life satisfaction and happiness”. But happiness and life satisfaction are quite separate things. Happiness is a positive emotional state which can occur at any given point in time. Life satisfaction, on the other hand, is more representative of how…

Certifying identity verification

As part of the wider regulatory framework associated with the Anti-Money Laundering and Countering of Financing Terrorism Act 2009 (AML/CFT Act), lawyers need to be aware of the requirements and ramifications stemming from the Identity Verification Code of Practice 2011 (the Code). Although lawyers are not yet covered under the…

Litigator as artist

The litigator as artist – a rather bold title that is sure to endear me to litigators while inducing a cough or choke in those of you who have the happy/necessary/tedious/begrudging pleasure (circle applicable) to work with or alongside the said litigator[s]. The litigator ego is large enough you may say,…

Legal aid debtors should contact MoJ

People with legal aid debt are being encouraged to contact the Ministry of Justice to update their details and make arrangements for repaying their debt. Legal Services Commissioner Nigel Fyfe says the Legal Services Amendment Act, which comes into force on 2 September 2013, makes a number of changes to legal…

Cross-examining children

Testing the evidence of children in the criminal courts is a perennial problem, but one the English bar and the English Court of Appeal are getting much closer to solving. It is worth considering just how they are managing – and taking a peek at the tools they use. The problem:…

Managing Continuing Professional Development

The New Zealand Law Society has developed new rules for the Continuing Professional Development (CPD) of all lawyers in New Zealand. The basic requirement is far from onerous. In fact, many lawyers are likely already exceeding the guideline’s minimums in the professional development path they are already following. The requirements have…

Corporate Challenge coming soon

Lawyers have shone year after year in a major sporting event which will be held for the 20th time this year – the Fidelity Life Corporate Challenge. This annual five-kilometre road race will take place in Christchurch’s Hagley Park on 6 November, at Frank Kitts Park in Wellington on 13 November…

Lawyers Complaints Service: High Court substitutes suspension for strike off

Hans Timothy Sorensen of Auckland has appealed successfully to the High Court ([2013] NZHC 1630) against being struck off the roll of barristers and solicitors by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in 2012. The High Court instead substituted a two year suspension for Mr Sorensen, effective from 24…

Lawyers Complaints Service: Threatening proceedings inappropriately can be unsatisfactory conduct

For a lawyer to make a threat of legal proceedings against an opposing law firm acting for clients in a dispute, when any proceedings should properly be brought against those with a beneficial interest in the disputed funds, has been held to amount to unsatisfactory conduct by a lawyers’ standards…

Lawyers Complaints Service: Strike off follows taking $500,000 from clients

Edward Errol Johnston of Auckland has been struck off the roll of barristers and solicitors of the High Court of New Zealand. Mr Johnston was struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal ([2013] NZLCDT 30) after admitting charges of misconduct and breaches of the regulations governing law…

People

Auckland barrister Maria Dew of Bankside Chambers has been appointed deputy chair of the New Zealand Health Practitioners Disciplinary Tribunal. She will take up the position for a three-year term to 30 June 2016. Auckland barrister Robin Arthur has been appointed as a member of the Employment Relations Authority (ERA). His…