Merchants of Hope: The Youth Court

New Zealand’s Youth Court is the “most challenging and most pivotal aspect of our justice system,” Chief Youth Court Judge Andrew Becroft says. It is a place where young lives can be turned around, a place that is having a significant role in reducing reoffending. “We are the merchants of…

From the Law Society

Enhancing justice in New Zealand The Youth Court plays an important, potentially determinative, role within our justice system. As a criminal lawyer of Pacific Island descent, I’m often asked: “how do we change the criminal statistics, particularly when it comes to Māori and Pacific Island offending figures?” A big part of that…

Our Profession, Our People

Three Queen’s Counsel have been appointed this year: Auckland barrister Margaret Casey, Wellington barrister Mark O’Brien and Wellington legal academic Richard Boast. “Of particular note is the appointment of Richard Boast who has been appointed under the Royal prerogative in recognition of his extraordinary contribution to the law and in particular…

Gisborne branch President re-elected

Tiana Epati has been re-elected for a second term as the New Zealand Law Society’s Gisborne branch President. She is the branch’s first President of Polynesian descent. Ms Epati, who specialises in criminal law, graduated from Auckland University in 2000 with a BA in philosophy and history and an LLB. She began…

Career by design

It may seem unusual to some that rugby players like Dan Carter and Richie McCaw have invested in retirement homes, but Summerset Group Legal Counsel Nikki Fisher isn’t surprised in the slightest. “It’s a huge growth sector. It’s definitely one of the things that makes this job really fun. It’s just…

New Maori legal resource launched

Victoria University’s Law Faculty marked Māori Language Week (27 July to 2 August) with the launch of a new bilingual legal tool. The Legal Māori Resource Hub (at www.legalmaori.net) allows online users to browse contemporary and historical Māori language texts, look up word meanings, and test new or old Māori words…

New legal books

Burrows and Cheer: Media Law in New Zealand, 7th edition By Ursula Cheer This comprehensively updates the edition published in 2010, particularly in the areas of defamation, privacy, breach of confidence, contempt, court reporting and media complaints bodies. A new chapter on the New Zealand advertising standards regime has also been added.…

Inaugural privacy seminars

The International Association of Privacy Professionals Australia and New Zealand (iappANZ), which seeks to connect privacy people and empower privacy practice, has held its first event in this country. It is affiliated with the global IAPP and gives members access to extensive privacy resources and networks. iappANZ works with public and…

Eat to Nourish

These days, food advertising is everywhere and much of it targeting the “health and fitness” market focuses on “fuelling” your body – think Powerade, Up and Go type drinks or the average protein drink/bar, “recovery” drink or meal replacement. There’s nothing wrong with these foods necessarily. They can be quite tasty,…

Making difficult conversations less difficult

Difficult conversations are inevitable. If you are in a position of responsibility in your firm you must be prepared to deal with them effectively. Yet, at the recent NZLS CLE Stepping Up course in Auckland, a number of people, some with significant lawyering experience, said that as a manager they felt…

Better conversations, better outcomes

Achieving better outcomes for clients is all about having better conversations, according to John Sturrock QC. That is true whether the final outcome is achieved through litigation, arbitration, mediation or negotiation, he told LawTalk. Mr Sturrock, a well-known commercial mediator from Scotland, was in Wellington in July as a keynote speaker at…

Research spotlight on commercial mediation

Key factors that influence people to use commercial mediation are avoiding the higher cost of litigation, speed and efficiency, confidentiality and desire to preserve relationships and reputation. This is among the findings of just completed research on the use of commercial mediation in New Zealand. The research was conducted by Victoria…

FMA makes first stop order

The Financial Markets Authority (FMA) made its first stop order under ss 462 and 463 of the Financial Markets Conduct Act 2013 on 27 July. The making of the stop order illustrates the very significant powers that are available to the FMA and that appear to be relatively simple and…

Benefits of CPD self-auditing

The Continuing Professional Development (CPD) programme provides for firms that meet certain criteria to apply for self-auditing status. Self-auditing firms monitor their employees’ compliance with the CPD Rules. The status is given to firms who can: demonstrate they have effective policies and procedures in place to ensure all lawyers comply with the…

Outsourcing middle office services in Middle Earth

Within law firms, administrative functions have undergone a dramatic evolution. While the need for traditional word processing has been minimised, it hasn’t disappeared. Instead, it has changed into a position that requires highly skilled, specialised staff. As the tasks have become more sophisticated, so have the backgrounds and experience of the…

Maori law conference will be unique

This year’s Te Hunga Rōia Māori o Aotearoa (THRMoA) Hui-ā-Tau will be unique for a number of reasons, says THRMoA Co-President Aidan Warren. Recognising and celebrating 175 years since the signing of Te Tiriti o Waitangi will be a feature of this Māori Law Society Conference, to be held in Waitangi…

Substantial policy changes through delegated legislation

The Policing (Cost Recovery) Amendment Bill raises an interesting public law question about the use of “skeleton bills” that empower the Executive to make substantial policy changes through delegated legislation – thus escaping comprehensive public or Parliamentary scrutiny. The Bill was opposed not only by all of the organisations that made…

From 'arch enemy' to ally

For the first time ever in its 143-year history, Public Trust is partnering with lawyers and Bob Smith, Public Trust Chief Executive Officer is leading the charge. "I'd say we've been in a bit of a time warp," Mr Smith says. "The rest of the world's moved on and now we…

Australian commercial round-up - part 2

In the first part of this round up, a “reasonable endeavours” clause case was examined. Minumbra Lancewood Pty Ltd v AM Lancewood Investment Nominees Pty Ltd [2013] NSWSC 1929 concerns a material adverse change (MAC) clause. These are also common in commercial agreements and, similar to reasonable endeavours clauses, are also…

Foundation-backed report a catalyst for ACC change

Research made possible by Law Foundation funding has helped change the course of government reform to the ACC appeals process. The report, released last month by ACC claimant support group Acclaim Otago, examined more than 500 ACC appeals in the District and Appellate courts since 2009. Lead author Warren Forster said the…

Lawyers Complaints Service: Mr Orlov agrees to removal from Roll

Evgeny Orlov’s name will be removed from the Roll of Barristers and Solicitors, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal states in [2015] NZLCDT 16 following an agreed settlement between Mr Orlov and the New Zealand Law Society. The settlement followed Mr Orlov applying to the Tribunal for a stay…

Lawyers Complaints Service: Fined for lack of record keeping

An Auckland lawyer, B, has been fined $2,000 and ordered to pay costs of $1,000 for lack of record keeping. A lawyers standards committee made a determination that there had been unsatisfactory conduct by B, following a second hearing of the matter directed by the Legal Complaints Review Officer (LCRO). In…