Succession Planning

“Succession” is a dirty word, it seems, in the legal profession. Many find it a tough or slightly awkward subject to broach. However, when it comes time to retire, it may be too late to implement a plan if you haven’t one in place. Founding member of the Law Management Group,…

Things to consider

MYOB New Zealand sales manager Scott Gardiner says there are a number of things that one should consider when retirement is on the cards. Mr Gardiner says it’s often useful to think of it as an exit plan. Plan It all starts with a plan and regardless of the type of business…

From the Law Society

Whether you are in sole practice, one of the big five law firms, or a rural or urban law firm, succession planning is something that you simply cannot ignore. Nor should you act like an ostrich and bury your head in the hope that one day it will sort itself…

Restorative Justice: Chance to help clients turn their lives around

Defence lawyers throughout the country now have an opportunity where they may be able to help their clients turn their lives around. From 1 October, restorative justice has been rolled out to every court in New Zealand. Along with this has come Government funding that will see a big boost in…

Restorative Justice: What's the process?

Pre-sentence restorative justice (RJ) involves a meeting or conference between a victim, offender and their support people. Conferences are private and run by trained facilitators employed by approved providers. RJ brings together those people affected by a crime – to talk about needs and obligations, to help healing, and as far…

Restorative Justice: RJ available throughout NZ

Restorative Justice (RJ) is now available at all District Courts in New Zealand. The roll-out of expanded RJ services began on 1 October. It follows the Government’s $4.4 million investment in adult pre-sentence RJ as part of Budget 2013. It will lead to a tripling of RJ conferences, which are targeted to…

Lawyer's app proves great success

“When I was a kid I loved geography, was absolutely obsessed with it, and had all the large continent maps on my bedroom wall,” says lawyer Tudor Clee. “I memorised the cities and capitals but always wondered what the people were like who lived there. What was it like to be…

Being mentored has been 'fantastic'

Even though she has been mentored for just a short time, Auckland lawyer Tracey Edmonds has found the initial stage of the process has been “fantastic”. Ms Edmonds linked up with her mentor through Business Mentors New Zealand, as part of the New Zealand Law Society’s Practising Well initiative. She had done…

Subject: Overdue loan matter

Hello My company is currently looking for a Law Firm that can assist us with the issue of an overdue loan of $467,000 that I had provided to a former business partner of mine Robert Otermat. If you or your firm can handle this matter, get back to me at your earliest…

Two types of dictators

Every year, the consulting firm Gartner Group publishes its assessment on the progress of emerging technologies for delivering real benefits. The report is designed to help strategists and planners assess the maturity, business benefits and future directions of new technology. Gartner uses a model it calls The Hype Cycle to…

The Electronic Bundle Practice Note

The High Court is introducing an Electronic Bundle Practice Note which can be found at www.courtsofnz.govt.nz/business/practice-directions. The Practice Note was developed by a working party of the Rules Committee made up of judges and representatives of the profession. It was developed as a useful innovation for managing, using and reviewing…

PI Claims

When you look at technology, the internet, fashion, business or pretty much anything, there has been an astounding amount of change over the past 50 years. The same cannot be said for professional indemnity insurance. I recently came across an enlightening book written by Peter Madge entitled Professional Indemnity Insurance,…

Adequacy of religious and belief exceptions queried

The New Zealand Law Society has suggested an amendment to the Animal Welfare Amendment Bill to preserve the current statutory recognition that religious or cultural practices may justify an exemption from the general obligations of the Act. The Law Society submission to Parliament’s Primary Production Select Committee noted that the bill…

Electoral Amendment Bill offence provisions flawed

Proposed changes to the Electoral Amendment Bill appear to be an ill-considered solution to a minor problem, and lack an evidential basis and essential safeguards, the New Zealand Law Society says. In its submission to the Justice and Electoral Committee the Law Society has recommended retaining ss197 and 198 of the…

Law Reform Report

The Law Society recently filed submissions on: Animal Welfare Amendment Bill; Victims’ Orders Against Violent Offenders Bill; Legal aid: proposed amendments to the Provider Contract for Services; Social Security (Fraud Measures and Debt Recovery) Amendment Bill; Employment Court disposal times; ACC Levy consultation 2014/15; Student…

The bookshelf

Book of the month: The Native Land Court 1862-1887: A Historical Study, Cases and Commentary By Richard Boast Over 100 principal cases of the Native Land Court decided between 1862 and 1887 and from all over the country are included. Each case contains the full text of the decision and an introductory…

Te Matapunenga: A Compendium of References to the Concepts and Institutions of Maori Customary Law

Reviewed by Geoff Adlam This is a beautiful book, hard bound with an attractive cover design and its well-laid out pages illustrated with colour and black and white photos and drawings. It is everything a compendium should be: a comprehensive and well-organised source of information providing access to a specialised body…

Lawyers Complaints Service: Bill reduction ordered but censure cancelled

A lawyers standards committee determination to order a lawyer, D, to reduce his bill from about $30,000 to about $17,000, which D had already agreed to do, has been confirmed by the Legal Complaints Review Officer (LCRO). However the LCRO (in LCRO 23/2012) also cancelled the censure the committee had imposed,…

Lawyers Complaints Service: Fined for unsatisfactory file-record keeping

A lawyer, G, was accused of either knowingly altering a lease or not properly supervising an employee who knowingly altered the lease. A lawyers standards committee determined that G’s conduct concerning her file and record keeping was unsatisfactory, and reprimanded her. This followed an own motion investigation by the lawyers standards…

Lawyers Complaints Service: Suspended following drug convictions

Kelvin Dean Wootton (also known as Calvin Dean Wootton) has been suspended for one year by the Lawyers and Conveyancers Disciplinary Tribunal following his conviction on drugs charges. The suspension will run to 3 October 2014, the tribunal ruled in [2013] NZLCDT 43. Mr Wootton was convicted in the Auckland District Court…

People in the Law

Auckland lawyer Ian Haynes has been elected a Vice-President of LAWASIA. A member of both LAWASIA’s council and executive committee, Mr Haynes was elected at LAWASIA’s 26th conference, held in Singapore from 26-30 October. Mr Haynes is a past President of the New Zealand Law Society and a former President…

Young mooters grapple with Facebook exposure

In what circumstances is it reason-able to expect naked photographs of yourself uploaded onto Facebook to remain private? This was the question grappled with by the finalists of the inaugural New Zealand Bar Association/Wellington Young Lawyers’ Committee Mooting Competition 2013. The moot final took place on Thursday 24 October at…