New Zealand Law Society - LawTalk issue 827

LawTalk issue 827

LawTalk issue 827

Chief Justice review of cameras in the courtroom

The announcement by the Chief Justice, Dame Sian Elias, that she will conduct a review of in-court television coverage, photography and sound recording by mainstream media has reignited a touchy debate. The media have said criticisms of their coverage is an attack on their professionalism and any further rules imposed on…

Genuine concerns about 'cut and paste'

At the 2012 International Criminal Law Congress Jonathan Temm called for review of TV coverage of the courts as he considered the media wasn’t meeting the objectives that it set for itself when it asked to bring cameras into the criminal courts. Contrary to reports that Mr Temm has called…

Cameras have overstayed their welcome

Legal commentator and journalist Jock Anderson is adamant that television cameras should never have been welcomed into the courts. The National Business Review ONLINE news service chief reporter says Jonathan Temm’s call for a review was not a surprise and that cameras have overstayed their welcome. “Getting cameras in the court was…

Good, balanced reporting needed

Canterbury University Professor of law Ursula Cheer says some television coverage of the courts has looked sensationalist. “I was uncomfortable with some of the coverage of the Weatherston trial, in particular where footage of Weatherston’s unusual stare in court was played over and over again in slow motion. That was unnecessary,”…

A media viewpoint

Court television would be fine as an addition to the media’s own coverage, but not as a replacement, says 3 News and Current Affairs Director Mark Jennings. The media must remain independent of the Ministry of Justice, judiciary and legal fraternity, he says. Questions such as cost, how it would work…

UK Govt wants judicial transparency

“Justice must be done and must be seen to be done if it is to command public confidence,” according to the United Kingdom’s Ministry of Justice report: Proposals to allow the broadcasting, filming, and recording of selected court proceedings. The report, which was published in May last year, expresses the UK…

From the Law Society

Many practitioners will welcome the review of in-court media coverage that was announced by the Chief Justice. Since television reporting of court proceedings was introduced in 1995, debate has been focused on where to draw the line between open justice and fair trial rights and whether cameras in court add or…

You're in good company John and Sarah

New Zealand’s 11,805 practising lawyers share 2,316 different first names. Analysis shows that the “top 10” of male and female first names is dominated by what might be called “traditional English” names: John, Sarah, David and Nicola lead the lists. The table below looks at given first names. Many people choose…

Effective practice

Write your will – and sort out your bucket list at the same time The transactional nature of will preparation means wills were one of the first pieces of legal work to interest computer programmers and web tool makers. Some providers like the Australian-based do-it-yourself-wills.co.nz have tried to tap into the…

Email scams of the month

Tried and “true” scams continue to hit lawyers’ inboxes. Common scams in New Zealand at the moment include: Zaira Jyong seeks divorce settlement: This begins “My name is Zaira Jyong. I am contacting your firm in regards to a divorce settlement with my ex husband (Allan Hoshiko) who resides in your…

Moving towards CPD

Justice Minister Judith Collins has tabled the Lawyers and Conveyancers Act (Lawyers: Ongoing Legal Education – Continuing Professional Development) Rules 2013 in Parliament. The Rules, which come into force on 1 October 2013, establish new requirements for continuing professional development (CPD) for New Zealand lawyers. Where can I find the Rules? These…

Can you really fake it till you make it?

When I was in my early twenties I had a job working for a feminist organisation in the United Kingdom, and the CEO was scary and amazing all at the same time. She was a woman who knew what she wanted and went out to get it. I was totally…

Time for change: Incorporated Societies Act 1908

How many times have you been asked to advise on the constitution of your child’s local sports club or the community group you are a member of? As lawyers, we are often called upon to assist these groups on a pro bono basis. Sometimes it might seem like a job for…

Food Bill search powers worry Law Society

The New Zealand Law Society is concerned with search and surveillance powers proposed in amendments to the Food Bill by Supplementary Order Paper 278. If passed into law, the Food Bill will replace the Food Act 1981 and introduce some fundamental changes to New Zealand’s domestic food regulatory regime. The proposed bill…

Deregistered charities - Clarifying the tax consequences

The Law Society has made a submission on an Inland Revenue Issues Paper, Clarifying the tax consequences for deregistered charities. The issues paper sets out proposals to deal with the complexity and range of potential tax consequences that could face deregistered charities. The Law Society’s Tax Law Committee shares the IRD’s concern…

Section News

Property Law Section The Property Law Section working group on the draft Land Transfer Bill has provided further comment to Land Information New Zealand (LINZ) during a roundtable discussion held by LINZ on various matters in the bill. Section manager Jennifer Chowaniec says it was previously anticipated the bill would be introduced…

World renowned mediator to present two workshops

Professor Ken Cloke has been described by clients and fellow mediators as a hero, a role model and a true pioneer. He is, more importantly, an authentic teacher who puts into practice the principles he espouses. Sharing a day with Ken Cloke is something that few who have experienced it…

Anti-Money Laundering

As you will be aware this new legislation came into effect recently and there has been some commentary around the insurance implications and the issues faced by solicitors. A standard solicitor’s professional indemnity insurance policy is put in place to indemnify the solicitor for a breach of their professional duty, usually…

Tax Avoidance Law In New Zealand, 2nd edition

Reviewed by Maria Deligiannis This, the second edition of James Coleman’s Tax Avoidance Law in New Zealand, is a welcome and timely update of the original version published in August 2009. The reader is brought up to date with the recent jurisprudence in the area of tax avoidance law. Be forewarned however…

New Zealand Employment Law Guide 2013

Reviewed by Maria Dew This book achieves its goal. It is an excellent “guide” to employment law. It is not designed to be a definite legal text for experienced employment lawyers. However, it is an easy-to-follow and very readable guide to all the main topics of interest in employment law. It…

The bookshelf

Book Of The Month: Te Mātāpunenga - A Compendium of References to the Concepts and Institutions of Māori Customary Law Edited By Richard Benton, Alex Frame And Paul Meredith This brings together a collection of references to customary Māori legal concepts and institutions from a wide range of sources which have been…

Otago wins Mahony Cup

Otago University took top honours at the recent New Zealand National Family Law Moot to claim the Mahony Cup for 2013. The moot, which is sponsored by the New Zealand Law Foundation, had a brief hiatus last year. It was reconvened in 2013 and involved Auckland University (Jayden Houghton and Yvonne…

Spirit of Aegis Award

The Spirit of Aegis Award Trust has made its 2013 “The Spirit of Aegis Award” to Mark von Dadelszen of Hastings firm Bannister & von Dadelszen. The Trust was originally formed by Law Alliance NZ Ltd (LANZ) founder Allan Gallagher and Karen Gallagher with the objective of honouring and recognising the…

Lawyers Complaints Service: Tim Ban Choon Tee struck off

Tim Ban Choon Tee has been struck off after the New Zealand Lawyers and Conveyancers Disciplinary Tribunal found he took advantage of vulnerable clients by taking their money with no proper accountability or record. The penalty decision, [2013] NZLCDT 24, follows the tribunal’s earlier finding in [2013] NZLCDT 12 that three…

Lawyers Complaints Service: Fine for threatening to use complaint service improperly

Improperly threatening to complain to the Law Society in order to facilitate a settlement for a client has resulted in a finding of unsatisfactory conduct and a fine. A lawyer, A, has been fined $500 by a lawyers standards committee after she said in a letter that her client would make…
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