Letters to the Editor

UN Women’s Empowerment PrinciplesI read with interest the article by Anna Whaley on the United Nations Women’s Empowerment Principles (LawTalk 862, 10 April 2015, pp 20-21) and the lamentable uptake by the legal profession. Only five law firms over the whole of New Zealand have “confirmed their commitment to implementing gender…

John's story

After nine months forming a symbiotic relationship in the womb of his mother, John (name withheld) was born blue in the face with his umbilical cord wrapped around his neck. It was 1971 in the Hawkes Bay. He was then wrapped up, and “left in [his] misery to be cared for…

A psychology perspective

Massey University School of Psychology lecturer Dr Denise Blake worked in the health sector as a drug and alcohol abuse counsellor for almost 20 years before she decided to complete a PhD thesis titled, Wade in the Water: Storying Adoptee’s Experiences’ through the Adoption Act 1955. Dr Blake, who has personal…

What the politicians say

Green MP Kevin Hague, together with National’s Nikki Kaye, started drafting a Bill in 2012 that attempts to completely overhaul adoption law. As it stands, the member’s bill sits in the ballot “waiting its turn, hoping to be drawn out of the biscuit tin,” Mr Hague says. “Fundamentally the existing 1955…

From a law professor

Victoria University Faculty of Law Professor Bill Atkin is a member of Adoption Action Incorporated, a group dedicated to enhancing the rights of children and other persons affected by outdated adoption laws. Adoption Action brought proceedings against the Attorney-General to the Human Rights Tribunal seeking declarations that the current legislation was…

The Law Society's perspective

Family law barrister, mediator and chair of the Law Society Family Law Section Dr Allan Cooke says the Adoption Act is outmoded and needs to be brought up to date. His views are also informed by the Law Society’s submission on the Government’s response to the United Nations Convention on…

From the Law Society

New practising fees and levies approved The Minister of Justice has approved the practising fees and levies for the year 1 July 2015 to 30 June 2016 as set by the New Zealand Law Society Council. The New Zealand Law Society has worked hard to keep the fees as low as it…

Our Profession, Our People

Brian Dickey has been appointed Crown Solicitor for Auckland and Natalie Walker Crown Solicitor for Manukau, Attorney-General Christopher Finlayson announced on 30 April. Mr Dickey will be supported by the firm Meredith Connell and Ms Walker by the firm Kayes Fletcher Walker. Auckland barrister Anita Killeen is the 2015 winner of…

Champion of innovative business

Most Excellent Holdings Limited (MEHL) legal counsel Rebecca Janes is a champion of innovative New Zealand businesses. “Their brands are premium, exciting and interesting,” she says. Rebecca has only been with MEHL for six months – having previously worked for Icebreaker and before that, Minter Ellison Rudds Watts in the commercial team…

New President for in-house lawyers association

Dr Katie Elkin has been elected President of CLANZ following an electronic ballot. She succeeds Ian Hasell. Dr Elkin is the Associate Commissioner, Legal and Strategic Relations, with the Health and Disability Commissioner in Wellington. “I have always loved words and the nuance that well-chosen language can bring to both written and…

New Property Law Section Chair

Duncan Terris has been elected Chair of the Law Society’s Property Law Section (PLS), succeeding Andrew Logan, who retired after 13 years on the PLS Executive. Now the longest-serving PLS Executive member, having joined in 2007, Mr Terris’s service to property law on behalf of the Law Society goes back even…

Bridging the workplace generational gap

“Coming together is a beginning. Keeping together is progress. Working together is success.” – Henry Ford Towards the end of day one of my first post-university law job, I had a conversation with the boss: Boss: “Tell me what you’ve dug up.” After giving my findings, he replied … Boss: “Now, my first…

Environmental and Resource Management Law, 5th edition

Editor Derek Nolan Reviewed by Brianna Parkinson The first edition of this book was published in 1980, and three more editions followed in 1997, 2005 and 2011. Each edition has been a well-regarded reference source for resource management and environmental practitioners. This fifth edition builds on that solid foundation and brings the law…

Focus on Resource Management Law

By Ceri Warnock and Maree Baker-Galloway Reviewed by Helen Andrews As the authors of this text acknowledge from the outset, the broad “sustainable management” purpose of the Resource Management Act 1991 (RMA) means the Act, and regulations made under it, impact many aspects of our daily lives. From wanting to build that…

Intellectual Property: the Swiss army knife of business tools

The traditional argument about Intellectual Property has always been whether it is a sword or a shield – a sword with which to suppress competition, or a shield to protect a brand or idea from thieving, unimaginative competitors. Fortunately over the last 10 or 15 years, New Zealand businesses have come…

Retain 'rule of law' in courts legislation

The Minister of Justice’s commitment to deleting reference to rule of law and parliamentary sovereignty from courts legislation is mystifying. Curious developments are afoot in relation to the updating of New Zealand’s courts’ legislation. What should have been a non-controversial implementation of a Law Commission report on the Judicature Act 1908…

Peak indebtedness: rejected by the Court of Appeal

The peak indebtedness rule will no longer be a part of New Zealand insolvency law, following the Court of Appeal declaring that it actually never was a part of New Zealand law. In its long-awaited judgment, Timberworld Limited v Levin & Ors [2015] NZCA 111 (24 April 2015), the Court of…

The cost of safety

Much has been said in the media about the importance of safety and the need for New Zealand to reduce the amount of domestic violence. We have campaigns such as “Its okay to ask for help”, “White Ribbon” and “Womens Refuge” all seeking to have a reduction in domestic violence. One…

Putting the 'commercial' into commercial mediation

In New Zealand, at the top end of commercial dispute resolution, mediation still has an image problem. An outstanding commercial lawyer I know has described it as: “an expensive talk-fest”. A prominent commercial litigator recently said to me: “if I want to settle something, I’ll just go and have a coffee…

Arbitration treaties could help settle international disputes

A new instrument that will make settling international disputes far more accessible – the Bilateral Arbitration Treaty (BAT) – will become a reality within three to four years, eminent international arbitration specialist Gary Born predicts. Will they come to New Zealand in that time? “Optimistically yes,” he says. Mr Born visited New…

Leading growth through reflective CPD and self-review

Like individual CPD plans, whole-of-firm self-review and subsequent planning is based around a reflective process. The NZLS CPD Rules – a practical guide, outlines a reflective approach that can lead to effective learning. This approach can also be successfully applied to firm’s self-review processes. Self-review in this context mirrors the approach…

Lawyers Compaints Service: Order not to employ

Sharyn McFarlane is not to be employed by a lawyer or incorporated law firm indefinitely until further order of the Lawyers and Conveyancers Disciplinary Tribunal, the Tribunal has ordered. Ms McFarlane is serving a prison sentence of three years, four months and two weeks, imposed on her in the Palmerston North…