One year on

On 2 August 2012 the then Minister of Justice, Judith Collins, pledged a package of reforms to the Family Court to create a “modern, accessible family justice system that is more focused on the needs of children and vulnerable people.” The Family Court Proceedings Reform Bill was introduced to Parliament in…

From a retired judge

After more than 40 years working in the Family Courts in the Auckland area Judge John Adams had his final sitting in Manukau on Friday 13 February. He retired not because he was “grumpy with the court” but to pursue a career in creative writing. But that’s not to say Judge…

From the Law Society's Family Law Section

There have been a number of issues arising from the implementation of the new family justice system, the New Zealand Law Society’s Family Law Section (FLS) Chair, Dr Allan Cooke, says. The FLS continues to meet regularly with Ministry of Justice officials to work through some of the more urgent issues…

The Family court reforms in a nutshell

New Zealand’s family justice system had to change to meet the needs of 21st Century families, Justice Minister Amy Adams says. A Ministry of Justice review of family justice in 2011 found court processes were complex, uncertain and too slow. There was a lack of focus on children and vulnerable…

From the Law Society

New intervention rules Some barristers sole are about to be given new possibilities in relation to how they practice. The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, introduced following the passage of the Lawyers and Conveyancers Act 2006, required that the Law Society review the intervention rule. After…

In-house environment is great

Catherine Zhu first worked for the New Zealand Defence Force as a civilian while studying at university and “basically harassed the legal team” until they gave her an internship, she says. The 26-year-old says while working in Career Management for the Royal New Zealand Air Force, she later got a chance…

Meeting a major challenge

When Judge Neil Maclean became New Zealand’s first Chief Coroner a little over eight years ago, he faced a major challenge. That was to move the coronial system from the “fragmented, low-morale, part-time nature that it was, with 70-odd coroners scattered around the country with really no oversight of them…

Excellent first Chief Coroner

Due in no small measure to Judge Neil Maclean’s efforts and guidance as the first Chief Coroner, “New Zealand now has an established professional coronial system, which gives effect to the Coroner’s constitutional role and has enhanced the public’s confidence in its integrity and its independence”. This tribute by the Attorney-General,…

Our Profession, Our People

Chief Coroner Deborah Marshall has been appointed a District Court Judge. Judge Marshall was appointed Chief Coroner effective from 13 February following the recent retirement of former Chief Coroner Judge Neil Maclean. Judge Marshall was due to be sworn in today, 27 March, in Auckland. Christchurch barrister Marcus Elliott has been…

Morality at the core of being a good lawyer

The large majority of British lawyers favour virtuous legal practice, a recent study by Birmingham University’s Jubilee Centre for Character and Virtues shows. The researchers surveyed 966 British lawyers and aspiring lawyers at various stages of their careers. It found that the character strengths of judgement, perseverance, perspective and fairness were…

The printing press, the internet and lawyers

Anyone practising law in 2015 will almost certainly have been using digital technology to access and deliver advice on the law for a number of years. The computer desktop or mobile devices are now the entry points to researching, communicating and understanding our legal environment. Our legal system is increasingly…

Employment Law in New Zealand

Reviewed by Michael Quigg This book is aimed at providing a broad overview of employment. It acknowledges that employment law, possibly more than any other area of the law, has the greatest impact on our daily lives. It is a timely overview as the future shape of employment changes due to…

Raising the Bar: Women in Law and business

Reviewed by Rachael Zame Gender equality continues to be a hot topic around the world and across all professions, even making its way into an Oscars acceptance speech this year. The statistics for women in law are disheartening – as at February 2015, 47% of New Zealand lawyers are female, but they…

Accident Compensation Act: Key Sections and Commentary

Reviewed by Peter Sara Getting the balance right is key when writing a book about ACC. The technical aspects of the Act are complex and invite controversy and debate. Large tomes could be written which thoroughly address the issues, but hardly anyone would be interested in reading them. A practical handbook has…

New books

Focus on Resource Management Law By Ceri Warnock and Maree Baker-Galloway The main target audience is junior practitioners and tertiary students. The authors explain the basic principles and mechanisms of resource management law and explore the structure, concepts, processes and tests contained in the RMA. Practice questions and answers are also included. LexisNexis…

Commerce Commission decision on hospital merger

On 27 February the Commerce Commission published its reasons for declining clearance to Connor Healthcare Limited to the acquisition of shares in Acurity Health Group Limited.1 The Commission treated the proposed transaction as an effective combination of two of the three private hospital groups in Wellington. The combination was of Wakefield…

Update from the Chief High Court Judge

I will report more fully to the profession and public shortly on 2014 but here are some matters of interest. Analysis of discovery and case management rules reforms A review of the changes to discovery and case management rules which came into effect in 2012 and 2013 suggests increasing co-operation between counsel…

Criminal procedure rules

The Criminal Rules Subcommittee was formed to assist the Rules Committee following the enactment of the Criminal Procedure Act 2011. The current membership is: Justice Helen Winkelmann (Chief High Court Judge); Justice Simon France (Chair); Judge B Davidson; David Jones QC; Charlotte Brook; Mark Harborrow; …

New projects, inspiring speakers

The Law Foundation recently approved funding for several exciting new projects. Some involve important research and new thinking in difficult areas of the law, while others will record significant developments in New Zealand’s legal history. We are also providing support for eminent international legal experts to speak at conferences in…

Lawyers Complaints Service: Strike off for disgraceful and dishonourable conduct

Former Wellington barrister Christopher Knute Skagen has been struck off after the Lawyers and Conveyancers Disciplinary Tribunal found him guilty of 12 charges of misconduct. In [2014] NZLCDT 82, it has also ordered Mr Skagen to pay $11,800 compensation to two former clients. The charges related to dealings while acting for…

Lawyers Complaints Service: Struck off lawyer was seriously dishonest

Former Auckland lawyer Ilaisaane Valu-Pome’e has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. In [2014] NZLCDT 87, Ms Valu-Pome’e was found guilty of eight charges – two charges of misconduct, two charges of negligence and four charges of unsatisfactory conduct. “All charges arise out of her conduct…

Lawyers Complaints Service: Solicitor's Certificate requires enquiries to be made

A lawyers standards committee has censured a lawyer, E, after he failed to satisfy himself as to the correctness of a solicitor’s certificate provided to a bank. E signed the certificate at the request of another lawyer, D. The standards committee began an own motion investigation into E’s actions after a…

Lawyers Complaints Service: Acting for co-defendants was conflict of interest

It is always “potentially problematic for a lawyer to represent co-defendants (or multiple defendants),” a lawyers standards committee said when finding a barrister, E, had acted while there was a conflict of interest. “Best practice is such that lawyers should avoid doing this. Not all co-defendant cases will involve conflicts of…