Inside & Outside

In 1986 the New Zealand Homosexual Law Reform Act legalised consensual sex between men aged 16 and older. The campaign to reform the law moved beyond the gay community to wider issues of human rights and discrimination. In December last year the Chief Justice Dame Sian Elias swore in the…

From the Law Society

Let’s enhance our diversity Diversity is to be welcomed. It has been excellent to see the increasing number of initiatives to promote diversity in our workplaces and in positions of leadership. Human rights initiatives often focus on where there is discrimination. An important aspect of human rights, however, is to promote the…

Our Profession, Our People

Auckland barrister Debra Bell has been appointed a coroner. Ms Bell fills the vacancy created when Judge Deborah Marshall was appointed Chief Coroner earlier this year. She joins four other coroners serving Auckland, Henderson, Manukau, Papakura, Pukekohe and Takapuna. Ms Bell has practised as a barrister sole since 2013. She…

Working for peace in Colombia

LawTalk speaks to Sarah Cates, a New Zealand enrolled barrister and solicitor, working in human rights in armed conflict zones in Colombia on sabbatical from her role as senior associate at Cullen – The Employment Law Firm in Wellington. Tell us about your work in Colombia I’m working for Peace Brigades International’s…

The future is ours to invent

What is the real value we bring as lawyers? This was the question posed by renowned legal futurist Professor Richard Susskind at the recent Government Legal Conference in Wellington. He urged lawyers not to confuse the way they deliver services with the value they bring. The value they bring is the…

Will it go to charity?

Back in 1978, 17-year-old Heather Jackson left her home in England to live with her boyfriend Nicholas Ilot. Her mother Melita, widowed before Heather's birth, was totally opposed to her actions. Heather married Nicholas in 1983 and they are still together, the parents of five children. Although there were three attempts…

A surprise birthday present

It’s probably come up in pub trivia quizzes. Warner/Chappell Music, Inc has claimed royalties for public performances of one of the world’s most recognised songs: “Happy Birthday”. Sometimes described as the world’s biggest copyright troll, Warner/Chappell is estimated to make over US$2 million a year in royalties from it. Copyright was…

No lawyer can serve two masters

The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, or “Red Book”1 as it is affectionately known, is not an exhaustive statement of the conduct expected of lawyers. Instead, it sets the minimum standards that lawyers must observe and is a reference point for discipline. The news media…

Don't act if there is even a risk of conflict

Rule 6.1 certainly is an onerous rule. Probably the touch-stone for lawyers is that they can never act in a way which might harm the interests of one of their clients. The rule is often stated to be “prophylactic” in nature. It prevents lawyers acting even when there is only…

The guide on the side - coach, therapist or mentor?

“Be a guide on the side, not the sage on the stage”. This old adage was drummed into me as I learned my coaching craft. Indeed, many of those involved in providing personal development or mental health services will have heard something similar. A strong preference (if not requirement) for guiding…

Traversing cultural barriers

Being prepared to traverse cultural barriers is essential for the modern business and asking how your firm’s cultural quotient adds up may be one of the most important inquiries you make. New Zealand’s cultural diversity continues to grow, with 25% of all “kiwis” now born overseas. In Auckland two out of…

A fresh way to travel to 'the Mainland'

Waiting to board the ferry I turned and marvelled at what we had managed to stuff into our late 90s mid-sized sedan. Bags full of clothing along with computer gear, an irreplaceable sewing machine, books, interior design magazines, kitchen ware, bedding and a huntaway, had commandeered our Nissan’s humble storage capacity. “We’ll…

Digital estate planning essential

Our digital lives are spread across a number of different devices and online services. With our increased reliance on electronic interactions, the number of digital assets held by the average person increases. As the volume of these interactions increases, questions around how to handle the digital legacy of a deceased or…

Big role for NZ lawyers in international dispute resolution predicted

New Zealand lawyers can play a "really important role in international dispute resolution and, ultimately, world order," according to Wendy Miles QC. An expatriate New Zealander, Ms Miles is a partner and global head of arbitration at Boies, Schiller & Flexner in London. "I hire more New Zealanders than any other…

Law Reform

Offshore land purchase tax bill timing potentially disruptive Contractual arrangements entered into before the parties knew of the proposed new tax statement requirements could be significantly disruptive under the current timing provisions of the Taxation (Land Information and Offshore Persons Information) Bill, the New Zealand Law Society says. In a submission to…

Letters to the Editor

LawTalk via email Following a letter to the Editor published in LawTalk 870 (31 July 2015), the Law Society has received a number of requests that LawTalk be sent to them via email. All lawyers who receive the New Zealand Law Society’s e-newsletter LawPoints already receive access via this email. LawPoints contains…

Lawyers Complaints Service: Censured and fined for substandard advice

A lawyer who provided a client substandard advice has been censured and fined $2,000 by a lawyers standards committee. The lawyer, A, was also ordered to pay the client $5,000 compensation and the New Zealand Law Society $2,500 costs. The Legal Complaints Review Officer upheld the findings of the standards committee and…

Lawyers Complaints Service: Acted for client against former client

A lawyer, L, who acted for a party in a criminal case involving alleged violence by that party against a former client of L’s firm has been censured, fined, ordered to apologise to the former client and to undertake an ethics course. A lawyers standards committee has ruled that the actions…