Who's responsible for monitoring user-generated content?

New Zealand law firms are increasingly using social media websites to communicate with staff and clients. It is common for businesses to use Facebook, Twitter, YouTube and LinkedIn to advertise their wares, but many in the legal profession are choosing the latter as a way to promote their offerings. Law Society…

User-generated content within ASA jurisdiction

It is possible that user-generated content (UGC) could fall within the jurisdiction of the ASA and the Codes of Practice. As with a number of other environments, where advertising and other content exist side by side, it would be considered on a case-by-case basis following a complaint. Context would be…

From the Law Society

A new intervention rule was adopted by the New Zealand Law Society Council at its meeting on 11 April. This brings to fruition six years of work by the Law Society, and its finalisation fulfils one of my major objectives for 2014 as President of the Law Society. The 2008 Rules…

Asking for favours

Favours come in all shapes and sizes and our responses to being asked for a favour are just as varied but we all need help at certain times and getting that help generally means we have to ask for it. So how do we do this effectively? Here are a few…

The world of prizes

International law awards are a growth industry. While some awards are well established, most have arisen in the last decade. For the award providers it’s a well-established formula for credibility and good earnings in an uncertain financial environment. Establish awards which recognise achievement by law firms and the winners will…

'Inter city' not descriptive in New Zealand

Intercity and Nakedbus both provide long distance bus services in New Zealand. Intercity had 95% of the market until Nakedbus started up business in 2006. The competition has been good for consumers, with the cost of bus travel generally being much cheaper than it previously was before 2006, including $1…

Lawyer's ethics plugs leaky legislation

A recent debate conducted by the Law Society’s Wellington branch revealed that lawyers’ ethical rules may be more effective than specialist legislation which tries to stop criminals using law firm trust accounts and other methods to launder at least $1.5 billion of organised crime proceeds washing through the New Zealand…

Class action litigation: a new frontier

Despite some obstacles, a class action regime is emerging in New Zealand. This is an important development for individuals’ access to justice and their ability to effect social change. The litigation filed by Feltex investors went to trial in March, investors commenced proceedings in relation to the LDC Finance collapse in…

Introduction of principles of responsible lending

The Commerce Select Committee reported back on the Credit Contracts and Financial Services Law Reform Bill on 17 March. The bill is a large one that makes a number of important changes to the Credit Contracts and Consumer Finance Act 2003 (CCCFA). The bill also repeals the Credit (Repossession) Act…

New ways of raising capital

2014 marks the start of a new era for New Zealand’s financial markets – an ambitious and exciting period of change for market participants and for investors. This is the fifth article in a series outlining the key changes, the impact they will have on the future of our financial…

Tyree’s Banking Law in New Zealand , 3rd Edition

Reviewed by Richard Scragg This is the first new edition of Tyree’s Banking Law in New Zealand since 2003. Significant changes have taken place in the intervening years in terms of the way in which we undertake banking transactions and the legislative environment in which financial transactions are conducted. These changes…

Parliamentary privilege to be clarified by legislation

The New Zealand Law Society has made a submission to Parliament’s Privileges Committee on proposed legislation to clarify the scope of parliamentary privilege. The Privileges Committee, chaired by the Attorney-General Chris Finlayson, is currently considering the Parliamentary Privilege Bill. The bill’s key purpose is to reaffirm and clarify the operation and…

Life made easier thanks to pro bono work

The results of a tragic accident – which has left a young woman without her partner and her daughters without a father – have been eased a little, thanks to pro bono legal work. Gregory Woledge died following a car crash on the Maungatapu bridge, which crosses Tauranga Harbour, at about…

New Canterbury branch President

Colin Eason is the new Law Society Canterbury branch President, succeeding Rachel Dunningham, who has been appointed a High Court Judge. The branch’s Vice-President when Ms Dunningham joined the bench, Mr Eason was subsequently elected to the Presidency by the branch Council. He will serve in that role at least…

New CLANZ President

Ian Hasell is the new President of the Corporate Lawyers Association of New Zealand (CLANZ). He was elected unopposed in the April CLANZ committee elections. Mr Hasell succeeds Grant Adam, who has served as President for the past two years. He will begin his term at the Annual General Meeting on…

New Family Law Section chair

Auckland barrister Allan Cooke is the new chair of the Family Law Section, succeeding Garry Collin. Having practised family law for almost 30 years, Allan finds it a “fascinating area of the law to be in”. That was not, however, always the case. “When I was at university, at Victoria, I…

New Whanganui branch President

Mark Bullock was elected the new Whanganui branch President at the branch’s annual meeting on 4 April. He succeeds Kathryn Crooks, who served as President for two years. Mr Bullock was born and raised in Whanganui and studied law at Canterbury University. After graduating Mr Bullock had some time out rowing…

People in the Law

Chris Moore has been re-elected President of the New Zealand Law Society. He was elected unopposed at the Law Society Council meeting on 11 April. Mr Moore became the Society’s 29th President in April last year, when he succeeded Jonathan Temm. Since April 2013 Mr Moore has been a partner…

Our Profession, Our People

Top lawyers for client service Russell McVeagh is one of 12 New Zealand winners in the 2014 Client Choice International. One firm and 11 individual lawyers from this country were named. The awards were established in 2005 and aim to recognise law firms and partners around the world for the excellent client service…

Life in the law

Sydney lawyer Denis Anderson, 78, is possibly facing disciplinary action after he was allegedly caught using a dead client’s Melbourne Cricket Club card to gain entry to the prestigious Members Reserve at the 2013 AFL grand finals. The client died in 1997 and it is alleged that Anderson may have…

That was the law

The Larceny Act 1867 50. Whosoever shall break and enter any church chapel meeting-house or other place of divine worship and commit any felony therein or being in any church chapel meeting-house or other place of divine worship shall commit any felony therein and break out of the same shall be…

Lawyers Complaints Service: Conflict of interest was a breach of the Rules

A lawyer, D, has been censured and fined for acting for a client, A, in respect of allegations made by A’s daughter at the same time as D was also acting for another client, B, who was alleged to have committed sexual offences against the daughter. A complained, and a lawyers…

Lawyers Complaints Service: Murray Withers loses strike off appeal

Murray Ian Withers’s appeal against strike off has been dismissed by Justices Panckhurst and Mander in the High Court [2014] NZHC 611. Mr Withers was struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in July 2013 [2013] NZLCDT 39 (see LawTalk 835, 14 February 2014). In summary, the…

Lawyers Complaints Service: Unsatisfactory conduct finding reversed by LCRO

In 2012 a lawyers standards committee made a finding of unsatisfactory conduct against E, a lawyer who was a consultant with a law firm, who charged for his time in responding to a complaint to the Law Society. The Legal Complaints Review Officer (LCRO) in LCRO 182/2012 reversed this decision,…