Taranaki

Ever since he arrived in New Zealand as a refugee from Idi Amin’s Uganda in the early 1970s, Taranaki Law Society branch President Rajan Rai has called the central North Island, and in particular the region of Taranaki, home. Originally settling in Stratford, his father served as a country teacher before…

New to the region

If you had asked Alice Tocher in 2009 if a career move to Taranaki would see her working in a highly technical industry while also becoming a partner of a law firm, she would have queried moving to a part of the country she barely knew. “In all honesty, I had…

Farming, oil and gas

“Economically speaking the region of Taranaki has always been in strong health, at least stronger than most regions,” says Rajan Rai. “This is due to the rural sector. The farming payouts are strong so the farmers have a lot of disposable income and they invest it. And the oil and gas…

From the Law Society

Practising law can be very rewarding, regardless of where you work. Just as there are particular attractions and rewards for those practising in the big cities, there are particular rewards and benefits for those who work in the regions. A good proportion of New Zealand’s lawyers work outside the four main…

Gambling - when does it become a problem?

When people think of addiction or a problem behaviour they often think of substances such as alcohol or drugs, but another common addiction which can have devastating impacts on individuals and their families is gambling. Of course not everyone who goes to the casino on a Friday night or does the…

Lawyers, teams and the speed of trust

Someone asked me recently why I write articles and I responded “Because I like to write and am interested in the dissemination of good ideas, whether they are mine or someone else’s”. Ideas about high trust teams particularly interest me because team functioning is central to the success of any venture…

What to do when you see an injustice

Monday 21 April 2014 – while we were all enjoying a public holiday “Hurricane” Carter died in Toronto aged 76. One of the 20th century’s most publicised miscarriage of justice cases, Hurricane Carter was convicted of a triple murder not once but twice and served 19 years in prison before his…

Jury practice - suggestions based on experience

Details of what occurs behind the closed doors of jury rooms remain largely unknown to judges and counsel, as all are disbarred from serving on juries. As a layperson having performed jury service I offer a brief summary of my experiences, together with recommendations. The subject of jury competence has received…

Class action litigation

The traditional conception of litigation is a process by which private individual rights and remedies are determined by a passive judge on a one-off basis. The lawyer in this picture is an independent professional providing dispassionate advice and advocacy as an agent for clients. Class action litigation raises some hard questions…

Reconciliations and certification

This article covers several issues that have been the source of recent inquiries. Monthly reconciliation documents As discussed in LawTalk 839 page 24, a law firm operating a trust account must ensure that all trust accounts, or their equivalents, are reconciled at least monthly. Some trust account reconciliations can be difficult for an…

Raising equity funds under the new liberalised IPO

If a client company asks how to raise funds where debt is not suitable, there is a new answer to add to the mix available since 1 April. Perhaps an entrepreneurial company has an innovative product which still needs some development and the potential market looks attractive. Perhaps the company is…

FMC Act liability regime

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 investors. This is the seventh, and final, article in a series by the Financial Markets Authority (FMA) outlining the key changes, the impact they will…

A summary of the new workplace safety regime

The much awaited Health and Safety Reform Bill has now been introduced into Parliament. The Bill is part of the package of changes that have been introduced following the Pike River Coal Mine Tragedy and various subsequent reviews which have observed a poor health and safety record in New Zealand.…

Continuing the constitutional conversation

Overseas experts will take part in a Law Foundation-supported forum next month that aims to continue the national debate on our constitutional arrangements. The New Zealand Bill of Rights Act: Continuing the Conversation will take place on 3 June at the Legislative Council Chamber in Parliament, hosted by the Attorney-General, Chris…

New Waikato Bay of Plenty President

Hamilton sole practitioner Kerry Burroughs was elected the Law Society’s Waikato Bay of Plenty branch President at the branch’s annual meeting on 16 April. Mr Burroughs succeeds Bruce Hesketh, who stepped down after three years as branch President. Being a lawyer was something Mr Burroughs always wanted to do, but he did…

Collegiality a priority for Nelson branch

Newly elected Nelson branch president Rob Somerville’s main goal is to ensure the branch remains a collegial place to practice law. The branch’s lawyers have “reasonably good” collegiality already (25% of the branch turned up to the latest Annual General Meeting ) – but it is important the city’s lawyers…

Empathy key to employment law success

“Empathy” is a personality trait fundamental to a great employment lawyer, according to Dundas Street’s newest staff member, David Traylor. He speaks passionately about employment law, a field he went into fresh from law school in 2006. “Employment law is, second perhaps only to family law, in requiring empathy. A job is…

Our Profession, Our People

Particularly special Rebecca Dempsey’s ad-mission ceremony, in the Whanganui High Court on 23 April, was particularly special. Rebecca’s mother, Kathryn Crooks, moved the admission and the presiding judge was Rebecca’s aunt, Justice Sarah Katz.  Rebecca graduated from Otago University last year with a first class honours degree in law, having completed her…

Lawyers Complaints Service: Acting for both parties not appropriate when interests differ

S was a solicitor whose firm acted for the wife in separation proceedings. A transaction in the separation involved a conveyance of a new property to the wife, but the bank required the participation of the husband as a condition of providing finance. S acted for both parties in this…

Lawyers Complaints Service: Barrister fined for failing to render invoices

A barrister, D, failed to respond to queries about the manner in which he had charged his client $38,000 for representation in a criminal case. An investigation by a lawyers standards committee revealed that D had failed to render a final invoice and account of work undertaken and had deducted…

Lawyers Complaints Service: Fined for not paying invoice

A barrister, E, was fined $2,000 by a lawyers standards committee after he failed to pay an invoice from a forensic scientist. E had instructed a forensic scientist in November 2011 to provide advice in relation to a client matter. E had not paid the scientist’s fee of approximately $2,700, which…