Making a difference in people's lives

People are radically changing the direction of their lives, thanks to the work that they, the Special Circumstances Court and various community agencies are doing. Some would be in prison today but for the changes they have made. Instead, their offending has come to an end, and they have dealt with…

This Court is ‘really great’

I found The Special Circumstances Court “really great eh, because I’ve been a man who’s been in and out of prison most of my life,” one of the Court’s current clients told LawTalk. “I was looking at another prison sentence, but Leah and Bianca pulled me into the Special Circumstances Court. “I…

Court celebrating fourth birthday

In just a few days the Wellington Special Circumstances Court will celebrate its fourth birthday. The Court, established by Judge (now Justice) Susan Thomas, held its first sitting on 6 March 2012. Justice Thomas’s interest in setting up the court, she says, “was piqued first of all when I was dealing…

From the Law Society

A success we could build on Problem-solving courts are proving to be very successful. These courts have a focus on helping those offenders who so choose to deal with the issues that have led to their offending. In doing so, they enhance both the provision of and access to justice. What we are…

Our Profession, Our People

Auckland barrister Andrea Manuel has been appointed an Acting District Court Judge with a Family Court warrant. Judge Manuel will be sworn in on 22 March in Auckland and will sit in Auckland. Ms Manuel’s core area of practice has covered complex trust, estate and relationship property cases. She also…

People at the centre

After 12 months directing the Government Communications Security Bureau (GCSB), newly appointed Solicitor-General Una Jagose is "energised" to utilise her tried, tested and found-to-be true leadership skills at the head of Crown law. Ms Jagose took office on 15 February, replacing outgoing Solicitor-General, and her former "profs" classmate, Michael Heron QC. An…

A practical guide to the delicate matter of lawyer peer reviews

When a group of lawyers practise together, they form a human system. This is true whether they are partners in a law firm, barristers in a chambers or an in-house legal team. Although each human system of lawyers is unique, there are some common characteristics in terms of how the participants…

Do your money-making decisions make sense or do your emotions get the better of you?

Last time I talked about lawyers and their money personalities. We discovered the two most prevalent are the Family Steward and the VIP. This week I pose the question: Do you believe you always make rational decisions about money? Or does your Family Steward big heart rule your head? Or…

The Trustees Handbook: Checklists and Precedents for Trustees (4th edition)

Reviewed by Jeremy Browne The purpose of this concise book, now in its fourth edition, is to provide practical assistance “to trustees and trust advisors and anyone involved in the management and administration of a trust” (preface). One finds that a general confusion about the obligations of trustees permeates modern society.…

Return Canterbury regional government to full democracy

Continued partial suspension of regional democracy in Canterbury is inconsistent with core constitutional values, the New Zealand Law Society says. The Law Society says extending the term of unelected Commissioners on the Canterbury Regional Council (Environment Canterbury) for a further three years to 2019 is not justified. And it is significantly concerning…

The Diary of Anne Frank — Claims of joint authorship and their impact on the duration of copyright

In mid-November, a number of Northern Hemisphere news agencies reported on a rather ugly spat that has been brewing over copyright in the book Anne Frank: The Diary of a Young Girl (colloquially known as The Diary of Anne Frank). Many in Europe expected that copyright in the book would expire…

Adoption law change for same-sex de facto couples

Late last year, in the as yet unreported case of Re Pierney and Hsieh [2015] NZFC 9404, Judge McHardy of the Auckland Central Family Court made what some in the media have called an “historic” and “ground-breaking” judgment, by interpreting the word “spouse” in the Adoption Act 1955 to include…

Appointment of liquidator by shareholders

A company may be placed into liquidation by passing of a special resolution of its shareholders (see ss 106 and 241(2)(a) of the Companies Act 1993 (CA)). For a special resolution to pass, it requires at least a majority of 75% (or a higher majority if the constitution requires it) of…

Letters to the Editor

Access to justice Judge David Harvey referred to the Court system presently in his article “Closing the gap using technology” as “clumsy, creaking, archaic process”. In my direct knowledge this includes lawyers being accused of not filing affidavits and documents in accordance with directions only to be subsequently told that it had…

Lawyers Complaints Service: Interim suspension

Auckland lawyer Bruce Harvey Reid has been suspended on an interim basis by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. The Tribunal made the interim suspension order on 5 February. It was effective immediately, subject to suppression of publication for 14 days. Mr Reid is facing charges relating to allegations of…

Lawyers Complaints Service: Censure for substandard court case conduct

Wellington lawyer Papali’i Toti Lagolago has been censured for conducting a court case “below an acceptable standard”. As well as censuring Ms Lagolago, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in [2015] NZLCDT 43 also ordered that Ms Lagolago be mentored by a senior lawyer for 12 months, initially involving…