Community Law in Aotearoa

Community law centres around the country are many Kiwis' first port of call when they encounter legal problems. The free community service they provide plays an important role in ensuring that justice – and to achieve that end, legal service – is accessible to all New Zealanders. In that mission,…

Producing fair and lasting outcomes

I refer to the recent article by the Secretary for Justice, “The courts system: the need for a collaborative approach and why it is not about us” (LawTalk 878; 20 November 2015). This is a thoughtful contribution to the debate on how to improve the justice system, and I agree with…

Closing the gap using technology

The article “Mind the Gap – Closing the Justice Gap” (LawTalk 878, 20 November 2015) makes sober reading. It is a lengthy piece and raises a number of issues. Perhaps the challenges that the article identifies can be summarised in this way. Access to justice is impeded by complexities of process,…

From the Law Society

Challenges for the New YearThe first edition of LawTalk for 2016 continues the theme of Access to Justice. This LawTalk looks at the role of community law centres in providing access to justice for thousands of people. Christine Grice There is no silver bullet solution to minimise the barriers to access to…

Our Profession, Our People

New Year’s Honours The following members and former members of the legal profession were awarded honours in the New Year’s Honours List: Justice Terence Arnold, of Wellington, was made a Knight Companion of the New Zealand Order of Merit for services to the judiciary. Justice Pamela Andrews, of Auckland, was made a Companion…

Still volunteering for community law

Nick Mereu, CEO of online legal Q & A service LawSpot, began working with Community Law Centres o Aotearoa as a student in Dunedin in the "late-naughties" (2000s), having found LAWS101 the most enjoyable course amidst his "smorgasbord of interest papers". Nick Mereu Many more LAWS papers, a Master's degree, and a…

Two Cleary Prizewinners for 2015

Two Auckland lawyers – Ashiq Hamid and Alexandra Sinclair – were the 2015 winners of the New Zealand Law Foundation Cleary Memorial Prize. The winners were announced in December. Ashiq HamidMr Hamid, who recently secured a role with Meredith Connell, graduated with an LLM from Columbia University in New York in…

Law firm recognised for keeping families safe

Ebborn Law has been recognised by a group of 40 organisations – who support people who live with family violence – for the contribution it made to the sector in 2015. The award, presented by the Ministry of Social Development’s Canterbury Regional Commissioner, John Henderson, at a meeting of the Canterbury…

Late lawyer New Zealander of 2015

Late Wellington lawyer Lecretia Seales is the New Zealand Herald's New Zealander of the Year for 2015. The heading of the Herald article announcing the award reads: "Courageous woman who sparked euthanasia debate New Zealander of the Year". Lecretia Seales Ms Seales took a case to the High Court of New Zealand in…

New Canterbury-Westland President

Christchurch barrister Craig Ruane is the new President of the New Zealand Law Society's Canterbury-Westland branch. Craig Ruane Mr Ruane is a long-serving member of what was the Canterbury District Law Society Council and then became the Canterbury-Westland branch Council. He first joined the Council in the early 1990s, when the entity was…

Special sitting for retiring academic

An unprecedented Special Sitting of the Environment Court of New Zealand honoured Associate Professor Kenneth Palmer for his exceptional contribution in the fields of environmental, resource management, planning and local government law on 10 December. Eminent members of the legal profession gathered in Auckland to commemorate Ken’s retirement after 46 years’…

Lawyer in the top ten

Auckland lawyer Mai Chen has been named in the shortlist of 10 people being considered for the 2016 Kiwibank New Zealander of the Year award. More than 330 nominations were received for these awards, which are now in their seventh year. The judging panel was due to announce the final shortlist of…

First Bachelor of Criminal Justice

New Zealand's first Bachelor of Criminal Justice graduate crossed the stage at Canterbury University's December graduation ceremony. Annabel Frost (right) with Associate Professor Lyndon Fraser Annabel Frost, who moved to New Zealand from England with her family when she was a child, has completed two degrees in four years – a BA…

Extradition focus for research scholar

Professor Neil Boister is the 2015 recipient of the New Zealand Law Foundation International Research Scholarship. Neil Boister The Waikato University Law Professor's research will investigate the simplification of New Zealand's law of extradition. The aim of the project, Professor Boister says, is to analyse this country's extradition law within the context of…

Uber - the latest cab off the rank

Lawyers often have to travel for work. Maybe a drive to the High Court for that last minute hearing, or from Wellington airport to Molesworth Street and the Court of Appeal, perhaps a jaunt from the Viaduct to Mount Eden to visit an incarcerated client. The cost of the many…

‘Story’ - what does it have to do with lawyers?

“The shortest distance between a human being and truth is a story” – Anthony de Mello. The fictitious law firm of Smith & Same, located in Anywhere, New Zealand, recently committed to offering a mission-driven learning and development curriculum for its lawyers. The firm’s mission was to become more “business like”…

2015/16 CPD declarations due soon

At the end of March all Continuing Professional Development (CPD) declarations should be complete. It is important that all lawyers meet this deadline. One way to do this is to plan time now to ensure your CPD plan is up-to-date and your declaration has been completed. The CPD rules require all…

New books

Company Law in New Zealand, 2nd edition By Peter Watts QC, Neil Campbell QC and Christopher Hare The first edition was published in 2011 and the authors’ objective is to provide a narrative account of New Zealand company law. Noting that there is an “enduring commonality” to company law in common law…

Why Lawyers are like Lobsters (and other lessons on surviving in the law)

Reviewed by Geoff Adlam With probably one of the most intriguing titles ever, former barrister and current Christchurch Coroner Marcus Elliott dedicates his book to “every lawyer that has woken up on a cold, wet Monday morning and questioned their career choice”. The work which follows is in 14 parts and brings…

Review of the year in dispute resolution

There’s no argument that 2015 had its share of arguments. Indeed, the year just gone presented a gauntlet of arguments – not just for those of us in the business of mediation and arbitration, but for anyone who keeps an eye on current events – that more often than not underscored…

Reform of misuse of market power law

In November 2015 the Government released an important issues paper Targeted Review of the Commerce Act 1986 on which submissions are due by 9 February. The paper includes a discussion on potential reform of three aspects of the Commerce Act. The most important and controversial of these is the proposed reform…

An introduction to liquidations

Regardless of the state of the economy, companies go into liquidation. There is always a mixture of shareholder and creditor appointments. The liquidation process is relevant to anyone who has an interest in a company or trades with a company. If a company fails, the ripples can go far and wide.…

Legal consequences of animal hoarding

A 10-year prohibition against a defendant from owning or exercising authority over any animals has been upheld by the Court of Appeal, and leave to appeal to the Supreme Court was dismissed on 4 December in [2015] NZSC 186. The defendant, Tatyana Kondratyeva, was convicted on two charges in relation to…

Family first. Prestige second. Money last?

In their book High-Net-Worth Psychology – Finding, Winning and Keeping Affluent Investors, Russ Alan Prince and Karen Maru assert that the views of affluent people on wealth, investment and financial motivation can be related to nine distinct money personalities. They break down like this: Family Stewards Dominant focus is to take care…

Lawyers Complaints Service: Suspended for breaching nominee companies rules

Two lawyers have been suspended and one fined after they admitted not complying with the rules governing the operation of solicitors’ nominee companies. Timothy John Burcher was censured and suspended for nine months from 23 December 2015, David Gould Russell Short was censured and suspended for three months from 18 December…