Taking Silk

The first person to "take silk" was Sir Francis Bacon at the end of the 16th century, Royal Letters Patent granting him "precedence at the bar" in 1597. A prominent British jurist and statesman, Bacon is perhaps best remembered as an early advocate of empiricism and the scientific method –…

From the Law Society

Leadership and diversity There is a clear business case for diversity in leadership, whether that is at the executive level, in the boardroom or, closer to home, in the professions. Research indicates that it provides tangible and measurable benefits. (See for instance: Women Matter: Gender Diversity, a corporate performance driver, McKinsey…

Our Profession, Our People

Justice Stephen Kós has been appointed a Judge of the Court of Appeal. Justice Kós graduated LLB (Hons) from Victoria University in 1981 and LLM from Cambridge University in 1985. He became a partner of Perry Wylie Pope & Page in 1985, and of Russell McVeagh in 1988. He joined…

Attracted to law from a very young age

Until recently the Wellington young lawyers leader, Jelena Gligorijevic can’t pinpoint exactly when she began to be interested in the law. “Since I was very young, even before 10, my conception of the law aligned with how much I liked language and using language in a particular way,” she says. “I was…

Five years on for facilitated conferences

While those familiar with working through disputes with Inland Revenue may be aware of the opportunity for a facilitated conference, many will not. Facilitation of tax disputes conferences was introduced five years ago. It is a form of Alternative Dispute Resolution (ADR) and its introduction followed discussions with the New Zealand…

Vicarious trauma - the quiet intruder

Vicarious trauma or secondary traumatic stress is a concept that many in the helping professions have little awareness of and is seldom spoken about. That summary of facts that you suddenly find yourself thinking about when you are home alone; those crime scene photographs that you can still picture in your…

Machine learning and the future of law

Since the late 1990s, information technology has been radically changing the law and the legal profession, in the same way as it is changing almost every aspect of our lives. New legal issues are raised, such as electronic contracts, online privacy and internet fraud. Information technology also affects how the legal…

Make Bill of Rights supreme law

New Zealand is moving in a direction where a Bill of Rights with greater legal capacity is required, according to Sir Geoffrey Palmer. Sir Geoffrey was addressing the New Zealand Bar Association at an event to mark the 25th anniversary of the New Zealand Bill of Rights Act 1990. The event…

Environmental Law in New Zealand

Reviewed by Jo-Anne Cook-Munro At a massive 1,135 pages, this new book on environmental law in New Zealand rivals existing publications in content and size. The book includes recent cases decided in 2015, and also covers the classic cases for environmental and resource management in New Zealand such as the High…

International and Cross-Border Taxation in New Zealand

Reviewed by Neil Russ As Professor Elliffe observes – and despite what a few politicians seem to think – there is no such thing as “international tax”. This excellent book deals in depth with the New Zealand rules on international and crossborder taxation, and also provides a broad review of international…

Legal Tender: Enduring Wealth Management for Busy Legal Professionals

Reviewed by Geoff Adlam Are you a Family Steward, a VIP, or perhaps an Independent? If you’re a lawyer, the chances are you’re not a Mogul or an Innovator. Authorised Financial Adviser Laetitia Peterson has published what has to be the first-ever book written for New Zealand lawyers on all the things…

Law office culture - what it is and why it matters

Culture is like air; it’s everywhere and nowhere. Most of the time we are unaware of it but sometimes we become exquisitely aware of it. Recall, for example, the extraordinary level of air pollution in Beijing in January, 2014. The air in Beijing became almost opaque, unusually toxic and a…

Art and about: recent happenings

The last few months have seen some interesting developments in the art law world, both here in New Zealand and further afield in the United States and Britain. Auckland art business to offer resale royalties An new art business is set to open in Auckland in August offering a voluntary resale royalty…

Litigation and technology

It seems there are gadgets and apps for everything these days. In fact I find myself sounding like the old man I never thought I would be when I say, ‘what will they think of next?’ In terms of litigation I cannot help but think that there must surely be a…

The shape of sweet victory

Do you recognise a Whittaker’s SANTE® bar when you see it? If you do, you know what you are buying. After successfully defeating a third party opposition to their application, Whittaker’s SANTE® bar recently became the 231st shape on the New Zealand Register of Trade Marks. What is a “shape” trade…

Vertical price fixing

The Full Court of the Federal Court of Australia found against the Australian competition regulator, the Australian Competition and Consumer Commission (ACCC), in two important price-fixing appeals on 31 July. Both cases involved distribution and agency arrangements. One case related to air travel and the other to mortgage lending. The question in…

Letters to the Editor

ACC review I was very interested to read the article by Lynda Hagen in LawTalk 871 (14 August 2015, page 40). I had been aware of the decision to shelve the proposed new appeal tribunal, in favour of wider consultation with stakeholders. I think that was a very wise decision of the…

Lawyers Complaints Service: Fined for deliberately withholding information

A lawyer who deliberately failed to advise two sisters that they had not been appointed as trustees of the trust that administered the bulk of their mother’s estate has been found guilty of unsatisfactory conduct by the Legal Complaints Review Officer (LCRO). The case involving a lawyer, F, came before the…

Lawyers Complaints Service: Lawyer fined for 'serious' breaches

A lawyers standards committee has fined a lawyer, W, $5,000 after making two findings of unsatisfactory conduct which it considered “were at the more serious end of the scale”. The committee noted that “had it not been for [W]’s previously unblemished record [W’s] conduct may have warranted referral to the [New…