How do I become (or employ) a barrister?

In days gone by a newly admitted lawyer could commence practice on own account as a barrister sole immediately. This was despite having no legal experience and no supervision. Reliance was placed on instructing solicitors to brief competent barristers as a safeguard to the public and to uphold the reputation…

Cyber-Security: Protecting your data

“Information is everything,” Bill Clinton said in the 90s. “We live in a data economy,” acting Government Communications Security Bureau (GCSB) director Una Jagose said last month. You’ve probably heard something similar before, and for no profession is it likely more true than for law. Law is about information. From databases…

Attack Formations: Cyber-attacks defined

A cyber-attack is any type of offensive manoeuvre employed by individuals or organisations that targets computer information systems, infrastructures, networks or personal digital devices by various malicious means usually originating from an anonymous source that either steals, alters or destroys information or network/device capabilities following the “hack” of a susceptible…

Nine perils of operating a business online

1. Legal liability to others for computer security breaches For example, if your business network is compromised and that leads to a hack or attack on a third-party business associate’s systems, you might be liable for contributory negligence in the aftermath of fixing the security flaws and fallout. 2. Legal liability to…

What you can do: Prevent, Plan, Recover, Don't panic

1. Realise the risks, plan accordingly Talk to your IT experts, but also other members of your organisation, to discuss the security measures already in place. Ensure they are adequate. But don’t expect them to prevent every single attack. 2. Be vigilant Without being paranoid, learn to distrust or at least be wary…

From the Law Society

Protecting your important information “Information is everything.” This is how Law Society journalist James Greenland begins the feature on cyber security in this issue of LawTalk. James was quoting from a statement United States President Bill Clinton made in the 1990s. One thing is certain, and that is how radically information technology has…

Our Profession, Our People

Judge Peter Boshier will become the new Chief Ombudsman on 10 December. Judge Boshier will succeed Dame Beverley Wakem, who has been Chief Ombudsman since November 2007 and who is retiring. After graduating from Victoria University with an LLB in 1975, Judge Boshier practised in Wellington. He was appointed a…

The dynamic world of Internet governance

After University, American Susan Chalmers decided to put her piano and French training towards running a chamber music festival. It was working with performers and commissioning original works at the festival that she realised copyright on the Internet was increasingly important. "I decided to go to law school because I wanted…

Important day to celebrate who I am

In a 2015 Expert Meeting of the United Nations regarding intersex, the UN High Commissioner Zeid Ra'ad Al Hussein stated that: "Too many people assume, without really thinking about it, that everyone can be fitted into two distinct and mutually exclusive categories: male and female … Unfortunately the myth that all…

Vicarious trauma - the quiet intruder, part two

Vicarious trauma or secondary traumatic stress refers to the cumulative effects of exposure to the traumatic experiences and distress of others, as described in my first article (see LawTalk 873, 11 September 2015). Those cases, images and interactions that stick in your mind and the negative impact that they can have…

Four little online irritants

Careful with that gavel “Campervan dispute goes to court” says the headline on the Stuff website. And there’s a picture of a nicely polished wooden hammer with the helpful caption “Gavel”. Ah. This must be a case in the United States. But no. It’s a story from the Southland Times (28…

Perceived supply of Australian law graduates concerns

Every year about 1,600 people graduate LLB or LLB (Hons) from New Zealand’s law schools. Every year about 900 new lawyers are admitted. And every year about 550 of those new lawyers take out a practising certificate. Does that mean that two-thirds of law graduates are unable to get work as…

How to engage in reflective practice

Engaging with professional learning is essential for maintaining our competence for the benefit of the client, ourselves and the firm. One way of doing this is through reflective practice. The main difference between private, personal reflection and formalised “reflective practice” as a tool for learning is providing evidence of the reflection…

New books

Crimes Act 1961, 20th edition The 20th annual consolidation of the Crimes Act is current up to 28 August 2015. The book contains editorial and history notes and a consolidated New Zealand Bill of Rights Act 1990. LexisNexis NZ Ltd, September 2015, 978-1-927313-21-3, 444 pages, paperback, $65 (GST included, p&h excluded). Health Law…

Directors Powers and Duties, 2nd edition

Reviewed by Jeremy Browne When I saw that a new edition of Directors’ Powers and Duties had been published, I was eager to get my hands on a copy. I had on a number of occasions had cause to use the first edition (2009) and always found it to have the…

Insurance Claims in New Zealand

Reviewed by Rebecca Scott Insurance Claims in New Zealand aims to bring a fresh, approachable perspective to scholarship on insurance law. It delivers on its promise, which is to provide guidance for anyone dealing with contentious insurance claims. This up-to-date text covers insurance law from the business end – the business…

McMorland on Easements, Covenants and Licences

Reviewed by Jacintha Atkinson The purpose of this book is to keep all property lawyers up to date with the latest case law in this area and on specific topics which will refine and advance your understanding on this particular topic. The book is based around Chapters 16, 17 and 18…

Law Society identifies problems with 'bright-line test'

The New Zealand Law Society is concerned that the proposed two-year “bright-line test” for sales of residential property will unfairly catch ordinary taxpayers who need to sell property within two years of purchase because of changes in their personal circumstances. While the proposed Taxation (Bright-line Test for Residential Land) Bill is…

Criminal offending and deportation liability

The risk of a visa holder being subject to deportation has been a feature of immigration law for a number of years. Traditionally, however, for reasons unknown, Immigration New Zealand have been slow to issue deportation liability notices (DLN) on visa holders who were convicted of a crime, despite the…

Legal Aid - Good Practice Themes

Legal Aid Services published High Quality Legal Aid Services – Good Practice Themes from Audits on 31 August. This report presents overall results from audits of legal aid lawyers undertaken between 1 July 2014 and 30 June 2015. The full report and a summary are available on the Ministry of…

Corrections funded alcohol interlock licence pilot

From 30 September 2015 the Department of Corrections has begun to fund at least 100 alcohol interlock devices for eligible offenders on community sentences in a limited 12-month pilot. International evidence shows the use of alcohol interlocks results in large reductions of between 64-70% in recidivism of alcohol-impaired driving. The Corrections…

A last hurrah for locus standi in patent oppositions

After an application for a patent has been accepted by the Intellectual Property Office of New Zealand (IPONZ), there is a three-month period in which a third party can oppose grant of a patent. The rules as to who is entitled to oppose are changing because of the new Patents…

Disapppearing Pacific states - preparing for the deluge

Will small, low-lying Pacific island states retain any international legal personality after most of their people are displaced from their homelands by climate change-driven seawater inundation? And what obligations do countries like New Zealand have to help people made stateless by climate change? These questions are no longer simply theoretical – as…

Lawyers Complaints Service: Censure for not obeying standards committee order

Briton Trevor Salter, who continued conducting transactions using the trust account of another practice after a lawyers standards committee had ordered him to cease the practice, has been censured and fined $5,000 by the Lawyers and Conveyancers Disciplinary Tribunal. In [2015] NZLCDT 28, Mr Salter admitted the charges that he faced. In…

Lawyers Complaints Service: Fee deductions was unsatisfactory conduct

A lawyer, B, who deducted fees from funds properly due to an estate has been found guilty of unsatisfactory conduct. In [2015] NZLCDT 26, the lawyer faced three charges at a hearing of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. A man died in March 2003. He was survived by his…