Wonderful contribution to law reform

No New Zealand organisation outside government does so much to improve the quality of law-making as the New Zealand Law Society, according to Sir Geoffrey Palmer QC. Sir Geoffrey would possibly be the best-placed person in the country to comment on the Law Society’s law reform initiatives. He has been a…

Making the justice system better

In his 10 years as convenor of the Law Society's Criminal Law Committee, "there have been quite a number of important law reform issues that have made the system of justice better," says Jonathan Krebs. Mr Krebs stood down this year as convenor of the committee after serving 10 years in…

Role has whetted her appetitie for more law reform

Alison Douglass's long involvement in Law Society law reform initiatives has served to whet her interest in law reform and how as lawyers "we can influence change". Another role she has, as chair of the Advisory Committee on Assisted Reproductive Technology, has also stimulated her interest. In fact these roles have whetted…

Very good work over the years

The Law Society's Intellectual Property (IP) Law Committee has done some very good work over the years, according to Clive Elliott QC. Mr Elliott was the longest serving convenor of a law society specialist committee when he stepped down from the role recently, although he will continue his service as a…

GCSB bill a highlight

The "biggest event and highlight" of Dr Rodney Harrison QC's term as convenor of the Public and Administrative Law Committee was working on the Government Communications and Security Bureau (GCSB) Amendment Bill in 2013. An inaugural member of the committee when it was established in 2009, and the committee's first convenor,…

The Committees

The following are the Law Society's Law Reform and specialist committees for the 2015-2017 term. Law Reform CommitteeThe Law Reform Committee oversees all of the Law Society's law reform work. It reviews all bills before Parliament, as well as government and Law Commission law reform proposals. Committee members draft the Law…

From the Law Society

Our passion for law reform Law reform work is one of the New Zealand Law Society’s key functions. It is an essential part of representing the profession on issues affecting it and representing the public interest on issues such as access to justice, constitutional protections, the administration of justice, and the…

Our Profession, Our People

Wellington Queen’s Counsel Karen Clark has been appointed a High Court Judge and will sit in Wellington. Justice Clark graduated with an LLB from Victoria University in 1986 and joined the Crown Law Office as a Crown Counsel assistant. She was appointed Crown Counsel in 1988 and spent six years…

Thriving on the theatre

While Commerce Commission assistant investigator Jade David Neale might sport a suit and deal with legal matters by day it's the stage and theatre camaraderie where he thrives. After moving around the country during his childhood, he set up camp in Wellington to study law and commerce at Victoria University. Despite…

Rewriting judgments from feminist viewpoint

A project where lawyers and legal academics rewrite key judgments from a feminist perspective has been launched. The Feminist Judgments Project Aotearoa is now calling for contributions to the project, which is funded by the New Zealand Law Foundation. The project organisers are Victoria University Associate Professor Elisabeth McDonald and Dr Rhonda…

The importance of mental fitness

An increasing number of scientific studies are demonstrating the importance of mental fitness – both for our well-being and to improve performance. The ability of our brains to recover from daily stress and strain, grow new neural pathways and continue developing is called “neuroplasticity”. Neuroplasticity is essentially the ability of the brain…

The inevitability of change - is your firm ready?

“You hear that Mr. Anderson?”...“That is the sound of inevitability... it is the sound of your death…” – Agent Smith In this quote from the 1999 movie The Matrix the main character, Neo, is struggling with understanding the fundamental changes required of him to survive in his new world. The same…

Burrows and Cheer Media Law in New Zealand, 7th edition

Reviewed by Tamsyn Badland Burrows and Cheer Media Law in New Zealand has long been recognised as New Zealand’s leading guide on media law, and the seventh edition consolidates and continues this legacy. The sole author of the seventh edition is Ursula Cheer, Professor of Law at Canterbury University, building on the…

The Australasian Coroner's Manual

Reviewed by Judge Neil MacLean This compact (218 pages) publication is a welcome addition to the relatively sparse literature of relevance to the New Zealand coronial system. The content and themes within it sit comfortably with the recent first-ever NZLS CLE Seminar, “Proceeding before the Coroners Court”, which Fletcher Pilditch and I…

Trustee Liability: What Every Trustee Needs to Know

Reviewed by Jacintha Atkinson The purpose of this book is to educate anyone who is currently a trustee of a trust or those considering becoming a trustee on what the role entails, how liability can arise, and what protections can be put in place to mitigate personal liability. The book is…

Legal Response to Natural Disasters

Reviewed by Allister Davis As the editors of this comprehensive and extensively researched text acknowledge from the outset, the purpose of this significant record of legal consequences stemming from disaster events and recovery is to ascertain and document legal and non-legal material from both local and international sources and events to…

Legal practice and design principles

Growing numbers of businesses now use design principles to provide solutions for their clients. It helps them to be more innovative, better differentiate their brands and bring products and services to the market faster. Legal practitioners can provide better service for these businesses by understanding the design process and adapting to…

The real cost of IT for a new firm: a comparative analysis

Last week I received a call from Matt, an old friend and seasoned lawyer currently working in one of the Big Three. Matt’s been developing plans to start his own practice with four associates, and intends to hire a junior lawyer and one support person. He was looking for guidance on…

New books

LawTalk provides information on all legal books of interest to New Zealand lawyers after it has received a review copy from the publisher. LinkedIn for Lawyers: connect, engage and grow your business, 2nd edition By Kirsten Hodgson Legal marketer Kirsten Hodgson has updated her guide for New Zealand lawyers on how to use…

Adverse impacts of migrant non-voting

If New Zealand’s new migrants continue not to vote, this will have adverse impacts on social cohesion and New Zealand’s democratic legitimacy. This is especially the case as superdiversity grows in New Zealand and, with it, linguistic diversity. 160 languages are now spoken in this country. A minimum level of…

Lawyers Complaints Service: Client must have capacity to revoke EPOA

A lawyers standards committee has found that a lawyer, B, did not have an adequate basis to satisfy himself that a client had the requisite capacity to revoke Enduring Powers of Attorney (EPOA) before revoking them. The committee determined B’s conduct had been unsatisfactory. In May 2012 the client’s daughter, Ms E,…

Lawyers Complaints Service: Struck off for misuse of client funds

Kenneth Yee has been struck off for misuse of client funds by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. In [2015] NZLCDT 22, the Tribunal noted that Mr Yee had misused the client funds in two ways. “First he diverted funds to companies associated with him, accounting to the clients as…

Lawyers Complaints Service: Censured for failing client

Dianne Lester has narrowly avoided suspension for failing her client in debt collection proceedings, the New Zealand Lawyers and Disciplinary Tribunal has said. Instead, the Tribunal censured Ms Lester and fined her $7,500 in [2015] NZLCDT 23. “The Tribunal has considered that matters are finely balanced and has reached its decision by…

Lawyers Complaints Service: Lawyer reprimanded after client unable to utilise KiwiSaver contributions

A complainant, C, whose lawyer, B, failed to properly advise on the rules of the KiwiSaver contribution on a purchase of a residential property has had her complaint upheld. A lawyers standards committee has found that B’s conduct was unsatisfactory. B has been reprimanded, ordered to refund C $200 of the…

Lawyers Complaints Service: Censure, fine and apology ordered

A lawyers standards committee has censured a lawyer, A, who acted for several parties in a private company share transaction where there was a conflict of interest. The complainants, C and his wife, claim that the lawyer’s advice has cost them $600,000 in losses and legal costs. The committee found A guilty…