The new Intervention Rule

Changes to the Intervention Rule will come into effect on 1 July. From this date, barristers who qualify will be able to accept instructions directly from clients without an instructing solicitor for more categories of work. This will mean that two questions arise in relation to each matter. The first…

Decision needed on whether Intervention Rule helps in specialisation

Barristers will need to decide whether the new Intervention Rule will help them in their specialisation, says Christchurch barrister Duncan Webb. Dr Webb says the rule that a barrister can take instructions only through a solicitor and is prohibited from having a direct relationship with a lay client, still exists. The real…

Civil litigation

A significant development with the new rule is that it now opens up a whole series of situations where barristers can take instructions directly on civil matters where they could not do so before, Miriam Dean QC says. Essentially, barristers can now practise without the rule applying where: the civil matter relates…

Family law

The new intervention rule for family lawyers provides a “much more realistic and transparent way to engage with clients, who often struggle to understand why you need to have an instructing solicitor in a family case,” says Antony Mahon. “I think it also provides a much greater ability to maintain standards,…

Criminal law

For barristers practising criminal law the 1 July 2015 amendment to the intervention rule has the advantage of rationalising a situation that has made little sense to many clients, says Wellington barrister Noel Sainsbury. “Individuals charged with criminal offences normally want to engage a criminal law specialist and will approach that…

Employment law

The new changes to the intervention rule will allow barristers working in the employment area to take direct instructions in the majority of employment cases, Kathryn Beck says. This will place barristers working in this area in a more equal position with solicitors and non-lawyer employment advocates working in the industry. New…

From the Law Society

The new intervention rule The new “intervention rule” will come into force on 1 July. This brings to fruition a major review of the rule that requires barristers to have an instructing solicitor. That review was initiated in the wake of the development of the Lawyers and Conveyancers Act 2006. Following the passage…

Our Profession Our People

Former Minter Ellison Rudd Watts partner Dame Patsy Reddy and former Deputy Prime Minister Michael Cullen will lead the first regular review of New Zealand’s security and intelligence agencies, Acting Attorney-General Amy Adams has announced. The review will look at the legislative framework governing the agencies and consider whether they…

Proactivity helps identify opportunities

Rupert Ablett-Hampson has returned to his role as Chief Legal Advisor at the Ministry of Social Development after completing a 15-month sweep of the ministry in team leadership roles. Rupert resumed his position this February – having undertaken the role from 2011-13 – and he thinks he is a better chief…

Two Ethel Benjamin winners

Two Auckland lawyers – Rebecca Thomson and Stephanie Thompson – are the 2015 winners of the New Zealand Law Foundation Ethel Benjamin Scholarship. A solicitor in Meredith Connell’s High Court and proceeds of crimes teams, Rebecca will use the scholarship for study towards an LLM at Columbia University. Her proposed research project…

2015 CLANZ awards

Michael Cameron, Department of Corrections, Wellington, is the 2015 CLANZ-Chapman Tripp Public Sector In-house Lawyer of the Year. Mr Cameron was one of four winners of the CLANZ annual awards for in-house lawyers announced at the 28th CLANZ Conference Gala Dinner and Awards on 22 May in Paihia. Mr Cameron was admitted…

Survey shows salary increase expectations

Just under three-quarters (73%) of respondents to the New Zealand Law Society Hays Legal Salary Survey 2015 expect that their base salary will increase in 2015. The February survey was sent to lawyers employed in law firms and in-house and achieved a high 30% response rate. Of the respondents, 72% had received…

Litigation and the media

While in the vast majority of cases the media play no role in the litigation process in a number of cases their involvement is significant. More often the role of media is key in public interest cases of judicial review although in the context of some criminal cases a fully worked…

More detail needed to support access to Customs information

The New Zealand Law Society believes more detail and analysis of the information held by the New Zealand Customs Service is needed to better assess the potential privacy risks and harm posed by proposals to give direct access to Customs databases to enforcement agencies. The Law Society has released comments it…

'Me' time

Sometimes the stresses at work and in life are so much we start to find ourselves thinking about “getting through” the week, or “surviving the weekend”. We’re so preoccupied with being busy, always “being on the go”, and having lots to do. There may be a perception that we should always…

Adding the 'e' to discovery

Mention the term “eDiscovery” and the perception for many is simply the process of turning documents into an electronic form. Discovery is the process whereby parties exchange information that is pertinent to the case. The discovery process remains an essential part of any litigation or investigation, although it can quickly become…

Family violence a focus for District Court judges

In 2014, Police investigated more than 100,000 incidents of family violence which included psychological, physical and sexual violence. This represents one incident every six minutes. Family violence accounts for half of all violent offending in New Zealand so it is no surprise that it makes up a considerable percentage of the…

Provenance makes perfect

Buying significant art in today’s market is a scary business. The international art market can be murky, unregulated and littered with fakes and forgeries. Online art auctions have proliferated, which further muddies the art market waters. Buyers are subjected to claims of caveat emptor, buyer beware, and less than scrupulous sellers…

Court of appeal decision on reasonableness of credit fees

The Court of Appeal gave its judgment in the case of Sportzone Motorcycles v Commerce Commission1 on 30 March. The case concerned whether certain credit and default fees charged by Sportzone and Motor Trade Finance (MTF) were unreasonable in breach of s 41 of the Credit Contracts and Consumer Finance Act…

Has the bundle of rights been reborn?

In Clayton v Clayton [2015] NZCA 30 the Court of Appeal has held that Mr Clayton’s right to appoint and remove beneficiaries is to be categorised as “property” for the purposes of the Property (Relationships) Act 1976 (PRA) and that the power has converted half a particular trust’s assets into…

Calling applicants for research awards

Legal researchers are reminded to get their applications in soon for this year’s round of New Zealand Law Foundation scholarships. Closing dates are drawing near for applications for most of the Foundation’s awards. The Foundation is New Zealand’s major funder of legal scholarships. The awards provide several different support options for…

Letters to the Editor

New tax rules I was intrigued to hear the Prime Minister’s press release regarding the “new” tax and other regulatory requirements to clamp down on foreign property speculators. I wondered who would collect the IRD numbers and bank account details of such people at the time of the property transaction. Without…

Lawyers Complaints Service: Suspended for filing incorrect memorandum

Susan Barbara Lewis of Christchurch has been suspended from practice as both a barrister and a solicitor for six months with effect from 26 May 2015. In [2015] NZLCDT 18, the Tribunal found Ms Lewis guilty of unsatisfactory conduct. While acting for a party in Family Court proceedings, Ms Lewis filed a…

Lawyers Complaints Service: Struck off for smuggling contraband to prisoner

Davina Valerie Murray has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal following her conviction for smuggling an iPhone, a packet of cigarettes and a cigarette lighter to a prisoner. The Tribunal was “strongly of the view that Ms Murray is not a fit and proper person…