Capital 150

To start, why is Wellington capital? While it was decided that the capital should be in a more central location than Auckland, Wellington was not the automatic choice. The recommendation of Wellington was actually made by Australians. On 25 November 1863 the House of Representatives and on 30 November 1863 the Legislative…

From the Law Society

Law Society's vital contributionAs we celebrate 150 years of government located in Wellington, we can also celebrate the valuable role the New Zealand Law Society has played and continues to play in contributing towards the quality of New Zealand's law and administration. Being a part of this contribution to New Zealand's…

Our Profession, Our People

Warren Cathcart of Auckland has been appointed an acting District Court Judge with a jury warrant to serve in the Gisborne District Court. Judge Cathcart will be sworn in on 7 August in Auckland. Auckland barrister Richard Earwaker has been appointed an acting District Court Judge with a jury warrant to…

It's all about helping people

ACC specialist John Miller, of John Miller Law, has always been an advocate of “working in any area of law that helps human beings,” but he was particularly attracted to accident compensation work because of his father, who sustained serious brain injuries after a rogue stone flew into the train…

The 81st Devils' Own Golf Tournament

It is well known that the Devil’s Own Golf Tournament is the single most compelling basis for seeking the adjournment of any proceeding in New Zealand courts in late September. Why is this so? The reason lies in history – 80 years of history to be precise. And this year, the…

Law office retreats that really add value

Smith & Same, a hypothetical general practice law firm with five partners and a total of 15 lawyers, has been in existence for 30 years serving clients throughout its regional area. John Same, the managing partner, makes many of the firm’s day-to-day decisions, but significant decisions are made by all of…

Litigation and opposition antagonism

Litigation under the adversarial system is antagonistic. Parties to litigation, whether the issue be civil, criminal or family, are seldom kindly disposed to one another. With this in mind the rules of discovery under both the civil and criminal jurisdictions, for example, are geared to ensure a semblance of fair play;…

Keeping up with changes in tax practice

Tax specialists and commercial lawyers who want to keep up with what’s changing the game in the area of tax law have an excellent opportunity coming up. It is the NZLS CLE Ltd Tax Conference, which will be held in Auckland on 10 September. The conference will feature “an array of…

Care needed in settling employment claims and disputes

A recent Court of Appeal case raises issues about how to document settlements in the employment law context. The New Zealand Law Society’s Employment Law Committee has prepared this article, drafted by John Hannan, to give guidance to practitioners. The Court of Appeal decision, JP Morgan Chase Bank NA v Lewis…

Law Reform

Special advocate possible in some exceptional national security proceedings The New Zealand Law Society says the protection of national security could sometimes justify the use of a special advocate as a last resort in some cases where national security information is kept from affected parties. The Law Society has released its comments…

Legal aid and access to justice

The articles and comments in LawTalk 868 (3 July 2015) highlight only some of the issues arising from Dame Margaret Bazley’s controversial report “Transforming the Legal Aid System”. The report was intended to overhaul a system described as being open to “abuse by lawyers and defendants”. The government’s transformation of the legal…

Legal Issues Centre conducting important research

The University of Otago Legal Issues Centre is seeking a new Director. The Centre carries out research on how to achieve a more accessible, affordable and efficient legal system for the benefit of all citizens. The Centre is also examining how courts can best ascertain the truth and arrive at fair and…

Finding the legal boundaries around new technologies

The Law Foundation has a good record of backing projects that tease out issues and highlight necessary changes to laws covering the rapidly changing fields of genetics and human reproductive technologies. Many readers familiar with the Foundation’s work will know about our biggest project to date, the three-year, $2.7 million Human…

Letters to the Editor

Intervention rule I write in regard to Kathryn Beck’s article on the changes to the intervention rule at page 13 of LawTalk 866. Ms Beck has comprehensively addressed the changes to the rule and how this affects barristers taking instructions in the employment context. However Ms Beck’s article does not address the undue…

Lawyers Complaints Service: Strike off appeal dismissed

Vinay Deobhakta’s appeal against a misconduct finding and strike off has been dismissed. “I can find no criticism of the [New Zealand Lawyers and Conveyancers] Tribunal’s conclusion,” Justice John Faire said in dismissing the appeal ([2015] NZHC 965). “Mr Deobhakta’s conduct went beyond mere professional incompetence or deficiencies in practice. His actions…

Lawyers Complaints Service: Censured for breaching standards committee orders

Wayland Helgi Henderson has been censured by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal for breaching orders of the Law Society’s Otago Standards Committee. In [2015] NZLCDT 19, Mr Henderson admitted two charges of unsatisfactory conduct. The first charge was that he breached orders made by the Otago Standards Committee. The…