New Zealand Law Society - LawTalk issue 851

LawTalk issue 851

LawTalk issue 851

Onwards & Upwards

The CJESP will house 19 courtrooms for High Court, District Court, Māori Land Court, Employment Court, Environment Court and Youth Court hearings. It will be home to the Ministry of Justice, New Zealand Police, Department of Corrections, New Zealand Fire Service, St John and the civil defence and emergency management functions…

From the Law Society

Justice precinct an exciting development Christchurch lawyers are generally very excited about the new Christchurch Justice and Emergency Precinct and the opportunities that it will bring to the profession. The foundations of the new $300 million precinct are being poured as I prepare this contribution for LawTalk. The foundation pour marks the…

People in the Law

Professor Charles Rickett is the new Dean of AUT University’s Law School. Professor Rickett is a graduate of both Oxford and Cambridge law schools, and has held teaching appointments in England, China, Australia and New Zealand. His teaching interests include contract law, equity and trusts, banking law, restitution, theories of…

Law firm news

Simpson Grierson is the first organisation in New Zealand to meet the standard required to be awarded the Rainbow Tick. A Rainbow Tick recognises that a workplace understands, values, and welcomes sexual and gender diversity. They are awarded to organisations that complete a diversity and inclusion certification process. “Diversity has…

Dream job for a cricket fan

When the first ball of the eleventh International Cricket Council (ICC) Cricket World Cup is bowled at Hagley Oval in Christchurch on 14 February next year, there will be smiles across the faces of the tournament organisers and thousands of volunteers who have had a hand in ensuring the event…

Converting old law books into works of art

Paekakariki artist Alan Wehipeihana is converting law books that would otherwise had been dumped into works of art. He has already saved hundreds of books and they have been or are being transformed into such works as tukutuku panels and bookshelves. It all began when a law librarian from England was visiting…

Empowerment through microfinance: The ADC story

How would you explain microfinance to someone hearing about it for the first time? Microfinance is essentially about providing financial services to people who aren’t able to access them from mainstream banks and financial institutions. Most banks don’t want to lend to poorer people because they are seen as risky. They…

Funding lawyers to attend advocacy training

The Douglas Wilson Advocacy Scholarship Trust has been providing assistance to lawyers to attend advocacy training programmes since 1986. Initially it was for attendance at the annual Litigation Skills Programme but today its assistance is available for 11 different programmes. To be eligible an applicant must show financial need and that…

Feedback Prowess

Talent and performance management experts consistently put the case for better feedback processes in the workplace. Yet, the experience for many – both providers and recipients – is underwhelming. Good feedback intervention is valuable in performance and talent management, for performance development and appraisal. It lifts performance, motivates, enhances learning and changes…

Building a practice and building a profile

No doubt you know what it means to build a legal practice. Do you have as clear an idea of what it means to build a “profile”? Consider the following. Peter, a barrister, specialises in certain types of litigation. He is bright, capable, hard-working and has practised for 15 years. Early…

Anti-money laundering and estate administration

Anti-money laundering Globally, anti-money laundering and countering the financing of terrorism is receiving much publicity and traction. This wider publicity and acceptance has been gaining awareness within New Zealand since the onset of the Anti-Money Laundering and the Countering of the Financing of Terrorism Act 2009 (AML/CFT) was enacted. Lawyers are currently…

The demise of the generalist litigator

Working at a university I am constantly surrounded by students concerned about their career. The most common question I am asked is simply put but difficult to answer: “How do I make a start as a litigator?” In recent years my answer to this question has become increasingly unsure and…

Modern day slavery and human trafficking

On 28 August, two men were arrested and jointly charged with 11 counts of people trafficking by means of deception. One of the men is facing seven further trafficking charges and is jointly charged with a third man with 36 charges of providing false or misleading information to a refugee…

Justice ministry agreement delivering results

A formal co-operation agreement between the Law Foundation and the Ministry of Justice is starting to produce tangible results. Late last year the Foundation and the ministry’s policy group signed a Memorandum of Understanding to establish a closer working relationship for their mutual benefit. The agreement includes provision for both organisations to…

Courtroom Practice

Criminal fixed fee consultation - Have your say Criminal legal aid providers will be aware that a fixed fees framework for criminal legal aid was introduced two years ago after a package of changes designed to better manage legal aid expenditure was announced by the government in April 2011. Under the fixed…

Why lawyers are like lobsters

I have never seen or heard of any judge ever being rude to counsel or even moderately unkind. This is regrettable. If the justice system is to be truly efficient, every judge should always be extremely rude to every counsel. Coherence, precision and brevity must be extracted from counsel, against their…

Shorter, simpler .nz names coming soon

Lawyers with clients who have websites ending in “.nz” are in a position to advise them about upcoming major changes to the “.nz” domain name space. From 1pm on 30 September, the second level domains you’re so used to seeing – like the “.co” in “.co.nz” and the “.org” in “.org.nz”…

Lawyers Complaints Service: Suspended for misleading Court of Appeal

John Alan van der Zanden has been suspended for three months from 2 August 2014 by order of the New Zealand Lawyers and Conveyancers Tribunal. In [2014] NZLCDT 21, the Tribunal found Mr van der Zanden guilty of negligence in relation to two misleading affidavits he swore effectively alleging prosecutorial misconduct…

Lawyers Complaints Service: Suspended for breach of privilege and acting in conflicted position

Christopher Michael Clews has been suspended for four months beginning on 1 October 2014 after he was found guilty of two charges of misconduct. “The first charge involved a breach of client privilege in circumstances which could have had very serious consequences for the client,” the Tribunal noted in its penalty…

Lawyers Complaints Service: Lawyer breached 'fundamental obligation' to keep client informed

A lawyers standards committee has censured a lawyer, B, for unsatisfactory conduct after he breached a “fundamental obligation” to keep one of his clients, Mr C, informed about proceedings he was involved in. B was acting for Mr C and also for Mr D. Proceedings were commenced by an individual against…

Lawyers Complaints Service: Struck off lawyer censured again

A complaint against former lawyer, Edward Johnston, was made by a trustee and a former trustee of the DC Trust and arose from an investment Mr Johnston arranged for the Trust. Mr Johnston was struck off the roll on 26 July 2013 in relation to an unrelated matter. The DC Trust was…

Lawyers Complaints Service: High Court quashes strike off

The High Court has quashed an order striking off Evgeny Orlov. The New Zealand Lawyers and Conveyancers Disciplinary Tribunal struck Mr Orlov off in November 2013 after it found him guilty of making allegations about a High Court Judge that were either false or made without sufficient foundation (see LawTalk 837,…

Lawyers Complaints Service: Censured for lower level negligence

Auckland barrister Charl Benno Hirschfeld has been censured by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. In [2014] NZLCDT 48, Mr Hirschfeld pleaded guilty to 12 charges of negligence in his professional capacity such as would tend to bring the profession into disrepute. The charges related to incorrect criminal legal aid…
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