Mind the Gap - closing the justice gap

On 7 November 2014, then Chief High Court Judge Helen Winkelmann delivered the 18th annual Ethel Benjamin address Access to Justice: Who Needs Lawyers? She challenged the legal profession to close what she called New Zealand's "justice gap" – the increasingly unmet need for civil justice. A year on, Justice Winkelmann's…

Physical accessibility

The physical accessibility of the justice system is an element of the access to justice debate that often goes unconsidered – by the able-bodied, at least, who have no difficulties walking up stairs to a courthouse reception, or using a conventional loo. But physical accessibility is an essential prerequisite for a…

From the Law Society

A huge issue for New Zealand There has been much talk about Access to Justice, but what is it? “It is a much broader concept than access to the courts and litigation. It encompasses a recognition that everyone is entitled to the protection of the law and that rights are meaningless unless…

Our Profession, Our People

Auckland barrister Catriona MacLennan is the co-winner of the Bruce Jesson Foundation’s Senior Journalism Award for 2015. Catriona has been awarded $1,000 for a report on the feasibility of adopting the living wage at Auckland Council. In presenting Catriona with her award, Foundation chair Sir Edmund Thomas said he was…

Lawyer's history PhD featured a CJ

"I'm afraid I'm a perpetual swot," says Upper Hutt lawyer Reg Newell, who has added three degrees to his LLB – one of them a PhD. These degrees are not in law, however. "I did a BA majoring in sociology through Massey University. I enjoyed the experience and it opened up…

New Manawatu branch President

Palmerston North Crown Solicitor Ben Vanderkolk is the new NZLS Manawatu branch President. Mr Vanderkolk, who was elected to the office at the branch's biennial meeting on 30 October, succeeds Chris Robertson. This is the second time Mr Vanderkolk has been President for Manawatu lawyers. From 2000 to 2002 he was President…

Wellington lawyer a woman of influence

"Ask yourself, who did you help today?" So says Wellington lawyer Stacey Shortall, who was one of the winners of the 2015 Women of Influence Awards. A Wellington-based partner of Minter Ellison Rudd Watts, Ms Shortall won the Westpac Community and Not-for-Profit Award. The awards were presented at a gala dinner…

The court system

Four years ago I had the honour of taking up the role of Secretary for Justice. Since then I have criss-crossed New Zealand on many occasions and have had the privilege of meeting with and talking to hundreds of people involved in our courts. There are three key themes that keep…

Successful transformation of legal documents

The days of difficult and archaic language in contracts is a phenomenon that Christchurch law firm Saunders Robinson Brown wants to leave in the past. The firm is undertaking a review of all its precedent documents with the aim of making the documents easy for clients to read and understand. The considerable…

Precision needed in making those bequests

Information from a number of prominent national charities shows that lawyers potentially have an important role in ensuring that bequests match the will-maker’s wish with the charity’s own capabilities. The key message from the charity sector seems to be that charities are ready and willing to discuss the best way of…

Keeping it simple

“Besides the noble art of getting things done, there is a nobler art of leaving things undone … the wisdom of life consists in the elimination of non-essentials” — Lin Yutang In a similar vein, we’re reminded sometimes that “less is more” or as a Latin teacher declared to me “festina…

Zero hours change may not work, says Law Society

Clauses in the Employment Standards Legislation Bill which are intended to prohibit “zero hours” contracts are unclear and appear to enable zero hours contracts, subject to a requirement to pay compensation to the employee, the New Zealand Law Society says. In a submission on the bill to the Transport and Industrial…

Law Society submits on family violence review

The New Zealand Law Society has welcomed the government’s review of family violence legislation and supports initiatives to address domestic violence, but believes the scope of the discussion should be broader to include analysis of all relevant laws. In its submission on the Family Violence Review discussion document, released in August…

Law Society has serious reservations about emergency response inquiry

In response to the Christchurch Earthquakes and the Pike River Coal Mine tragedy, the New Zealand Law Society has serious reservations about the feasibility of an inquiry into Parliament’s legislative response to future national emergencies. The inquiry, which is being carried out by the Regulations Review Committee, aims “to provide a…

The TPP and patents in NZ

The Trans-Pacific Partnership agreement was recently concluded after long and involved negotiations. The agreement is between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and the United States. Although the terms of the agreement have been agreed, each participating country will still need to ratify the…

Making a difference

Gerard van Bohemen, who holds a New Zealand practising certificate, is New Zealand’s Permanent Representative to the United Nations. Pam Davidson caught up with him in New York and talked to him about our election to the Security Council, what the Council does and what contribution we hope to make…

Clash of culture: good faith versus fair dealing

What was fair in London in the 1700s? Insurance contracts were not fair: one party had more information than the other. If allowed to continue, this imbalance could have damaged the confidence in London’s fledgling insurance market so the English courts intervened, giving insurers special protection “because the underwriters know…

Courts holiday hours 2015-2016

Urgent Family Court applications Family Courts will provide a national service for urgent applications over the Christmas and New Year holiday period. Urgent applications will all be dealt with via the National eDuty platform. Court staff and duty judges have been allocated to deal with applications on the following days:  …

Lawyers Complaints Service: No jurisdiction to make findings and orders

A determination of a standards committee which found unsatisfactory conduct against a lawyer who has now been struck off has been reversed by the Legal Complaints Review Officer (LCRO). The LCRO also reversed determinations allowing publication of the lawyer’s name, the decision to censure and orders for compensation, a fine and…

Lawyers Complaints Service: Censure for pleading deceit without good cause

A lawyer, B, who pleaded the tort of deceit without good cause has been censured and fined $3,500. In making the orders, the lawyers standards committee said it was of the view “that an order of censure was required in order to impress upon [B] and other practitioners the importance of…

Lawyers Complaints Service: Suspension appealed

Anthony Bernard Joseph Morahan has filed an appeal against the misconduct findings and penalty, including the three-month suspension, imposed by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in [2015] NZLCDT 29 (see LawTalk 877, 6 November 2015). Mr Morahan was granted an interim stay of the suspension order by Justice…

Lawyers Complaints Service: Censure and fine for 'serious failing'

David John Cox has been censured and fined $7,500 by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after he admitted a charge of unsatisfactory conduct. In [2015] NZLCDT 32, the Tribunal noted that Mr Cox and the counsel for the lawyers standards committee that laid the charges had reached a…