Significant challenges for family justice

The Family Court Proceedings Reform Bill has passed, with the changes expected to take effect in March 2014. Justice Minster Judith Collins says the changes will modernise the family justice system and make it more accessible to those who need it. Ms Collins has described it as the first step…

New system designed to help people

The changes to the Family Court are designed to help people come to amicable decisions out-of-court, says Lara Ariell, Ministry of Justice General Manager Performance and Improvement for Courts and Tribunals. The Ministry of Justice ran a road show around the country in November giving a general overview of the system.…

Changes not all doom and gloom

"I’m not all doom and gloom, but I do think that lawyers will adjust pretty quickly if they’re on their game,” says Otago University Law Dean, Mark Henaghan. “I have two major concerns about the reforms,” Professor Henaghan says. “One is that there is inevitably a power imbalance between parties at the…

Law Society approved as an ADRO

The New Zealand Law Society has been appointed an Approved Dispute Resolution Organisation (ADRO) by the Secretary for Justice. The reforms to the Family Court will set up a new Family Dispute Resolution (FDR) service for dealing with disputes which are principally about parenting and guardianship arrangements. Mediators who want to provide…

From the Law Society

As this is the last LawTalk for 2013, I would like to comment on three issues that have emerged as we move into 2014. The first of these is the intervention rule, the rule that requires barristers to have an instructing solicitor. Most agree the rule needs changing. The Law Society has…

Environment Court under spotlight

Otago University senior law lecturer Ceri Warnock is the 2014 New Zealand Law Foundation International Research Fellow. Her research, which will be conducted in New Zealand, Australia and the United Kingdom, is entitled The New Zealand Environment Court: Importance and Limitations. The objective of the study is to conduct the first comprehensive…

Cleary Memorial Prizewinner

Sam McMullan is the 2013 winner of the New Zealand Law Foundation Cleary Memorial Prize. Mr McMullan graduated from Victoria University in 2010 with an LLB with first class honours and a BA and is currently studying towards an LLM at New York University. He has worked part-time for the Law Commission…

Thank you to the profession

At this time of the year I want to take the opportunity to thank you all for engaging with us on a number of different issues during 2013 – your engagement has really made a difference. One of the biggest changes this year was the implementation of the Criminal Procedure Act…

Report will focus on people with disabilities

Acclaim Otago Inc, a support group for injured New Zealanders and their families with members throughout New Zealand, has been awarded the annual New Zealand Law Foundation Shadow Report Award. This funding will be used to produce and present a shadow report to the United Nations on New Zealand’s compliance…

How business mentoring helped SMEs post earthquake

The 7.1 magnitude earthquake which struck the South Island of New Zealand at 4.35am on 4 September 2010 and the subsequent aftershocks, notably the magnitude 6.3 on 22 February 2011, left 185 people dead and more than 1,500 people injured, 164 of them seriously. The total cost to insurers of rebuilding…

Proposed Social Security Amendment Bill measures lack justification

Proposed amendments to the Social Security Act lack justification and may breach international human rights obligations, the New Zealand Law Society says. In its submission to the Social Services Committee the Law Society raised concerns over aspects of the Social Security (Fraud Measures and Debt Recovery) Amendment Bill. Under the changes, the…

Busy year for law reform

It has been an exceptionally busy year for law reform. In the year to 30 June 2013, the Law Society made submissions on 32 bills (and appeared at 17 select committee hearings), and commented on 53 government discussion documents and three Law Commission papers. It also wrote on a number…

Law Reform Report

The Law Society recently filed submissions on: the treatment of expenditure incurred for dual income; Credit Contracts and Financial Services Law Reform Bill; Public Safety (Public Protection Orders) Bill; Sentencing (Protection of Children from Criminal Offending) Amendment Bill; Vulnerable Children Bill; and New Family Legal Support…

2014 outlook more optimistic than pessimistic

Over one-third of New Zealand lawyers responding to a New Zealand Law Society survey say they are optimistic about the market for legal services in 2014. Almost half the respondents believe there will not be much change. The survey was sent out with the 200th issue of the weekly LawPoints e-newsletter…

Leadership in focus: CLANZmini 2013

Aspects of leadership were the focal point of CLANZ’s inaugural CLANZmini conference. The CPD event was held in Auckland and Wellington with over 230 in-house lawyers from around the country participating. The day was spilt into six sessions – what does leadership mean to me, young leadership, personal leadership, team leadership, ethical…

Courts holiday hours 2013-14

Urgent Family Court applications over the 2013/14 holiday period Family Courts will provide a national service for urgent applications over the Christmas and New Year holiday period. This year, urgent applications will all be dealt with via the National eDuty platform. Judges have been allocated to deal with applications via the eDuty…

The Law and Practice of Charities in New Zealand

Reviewed by Sarah-Jane Weir An up to date and practical guide such as The Law and Practice of Charities in New Zealand is a welcome addition to the reference materials available to lawyers and others involved in the charitable sector. The authors’ aim was a foundation text the sector will adopt as…

Reform: A Memoir

Reviewed by Geoff Adlam It is hard to find anyone who has been more influential in as many different parts of our justice system as Sir Geoffrey Palmer – Attorney-General, Minister of Justice, Law Commission President, law professor, prolific legal author, co-founder of a law firm, and latterly a Queen’s Counsel…

The bookshelf

Book of the month: Immigration and Refugee law, 2nd Edition By Doug Tennent The author considers immigration and refugee law from the framework of the current legislation and the issues which have arisen in the three years since it came into force. He says a certain amount of focus has been given…

The official word on online legislation

From 6 January 2014 I will issue official electronic versions of legislation under s17 of the Legislation Act 2012, making the New Zealand Legislation website (legislation.govt.nz) a source of official legislation. This milestone will put New Zealand among the few comparable jurisdictions that provide free official up-to-date online legislation to their…

Use of iPads in Environment Court hearings

Environment Court divisions will shortly be making increased use of iPads for storing and referring to evidence and other material before, during, and after hearings in Court. This follows trials of the use of iPads in large hearings by some divisions of the Court in the last 12 months, which…

Our Profession, Our People

People In The Law The President of the Law Society’s Canterbury-Westland branch, Rachel Dunningham has been appointed a High Court Judge. Ms Dunningham graduated with an LLB (Hons) 1st Class from Canterbury University in 1996 and became a solicitor at Buddle Findlay in Christchurch, where she was already employed as a…

Lawyers Complaints Service: Censured for intemperate comments about judges and justice system

Auckland lawyer Dr Tony Molloy QC has been censured by the National Standards Committee (NSC) for comments about judges and the justice system that were not made in a reasoned and temperate manner. The determination is subject to review by the Legal Complaints Review Officer. Dr Molloy made the comments while…

Lawyers Complaints Service: Fined for failings in a legally aided criminal appeal

A lawyer, A, has been censured and fined $1,000 by a lawyers standards committee for a series of failings in relation to an appeal lodged after the client was sentenced to six years imprisonment for historic sexual offending. The client’s counsel at the High Court trial filed a notice of appeal…

Lawyers Complaints Service: Misconduct by taking fees in advance without a trust account

Errol Hamilton Parsons, of Christchurch, has been suspended for 18 months by the Lawyers and Conveyancers Disciplinary Tribunal, following a short interim suspension. The suspension related to breach of trust accounting requirements. In [2013] NZLCDT 48, the tribunal found a charge of misconduct against him for not operating a trust account…

Lawyers Complaints Service: Suspended for making false file notes

Gary Edward Sawyer of Blenheim has been suspended for 36 months by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after he admitted forging client signatures and artificially reconstructing file notes. Mr Sawyer faced three charges in [2013] NZLCDT 47. He pleaded guilty to two charges, which took place in 2004…

Lawyers Complaints Service: Not to be employed

Aiysha Hornsby 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 Hornsby was charged with stealing firm funds…

Lawyers Complaints Service: Failure to provide timely e-dealing certification was unsatisfactory conduct

A lawyer, A, complained about lawyer B’s failure to certify an e-dealing certificate before settlement. The lawyers standards committee that dealt with the complaint expressed some surprise that A chose to contact the Law Society when he discovered the failure to certify, rather than taking the matter up directly with B.…