The power of the collective

Access to justice is fundamental to the rule of law. In many respects, the right to justice is the rule of law. Rights and interests are only as valuable as the extent to which they can be enforced and protected. “The law has potential to be an amazing force for good in…

Class actions and litigation funding

The law around class actions in New ZealandClass actions involve a named representative plaintiff bringing a claim on behalf of and for the benefit for those represented, either by their consent (“opt-in”) or by order of the court (“opt-out”). Liesle Theron Back in 2008, the Rules Committee released a draft Class…

Case study: Class action inaction

A class action would be an “admirable solution” to a group of Canterbury homeowners’ inability to otherwise afford litigation against their insurer Southern Response, their lawyer Grant Cameron says. A spokeswoman for Southern Response, however, says a class action would create delays and inefficiencies and would impede the fair resolution of…

From the Law Society

Andrew Beck Two ways access to justice can be enhancedAccess to justice will be a recurring theme throughout the coming months, as it has been for some time now – particularly since Justice Helen Winkelmann raised the topic in her 2014 Ethel Benjamin Address Access to Justice – Who Needs Lawyers? This…

Our Profession, Our People

Wellington Queen’s Counsel Hellen Cull has been appointed a High Court Judge and will sit in Wellington. Justice Cull graduated LLB (Hons) in 1978 from Victoria University and began her legal career at Brandons. In 1983 she joined the partnership of Tripe Matthews and Feist, leaving in 1990 to join…

Criminal defence – four seasons in a day

Kevin Preston Most people have watched the classic Bill Murray movie Groundhog Day that tells the story of a man who is doomed to repeat the same day until he gets that day right. Groundhog Day quickly became a default setting for people bored in their daily working lives. The new Deputy Public…

Lawyer named Blake Leader

Minter Ellison Rudd Watts partner Stacey Shortall has been named a 2016 Blake Leader. Ms Shortall was one of six people who were presented Blake Leader awards for outstanding leadership for New Zealanders in their mid-career by Governor-General Sir Jerry Mataparae on 1 July. Blake Leaders are selected for demonstrating outstanding leadership,…

Law student wins Supreme Youth Award

Canterbury University law and political science student Josiah Tualamali’i won the Supreme Youth Award at the inaugural Canterbury Youth Awards ceremony, held on 24 June. Organised by Voice Canterbury, the Canterbury Youth Awards recognise young people, aged 12 to 24, who have made an outstanding contribution to their community and had…

New Auckland branch President

David Campbell Kensington Swan litigation partner David Campbell is the new President of the Law Society’s Auckland branch. He was elected unopposed at the branch’s annual general meeting on 22 June, and succeeds Glaister Ennor partner Tim Jones, who was appointed New Zealand Law Society Vice-President, Auckland in April. Mr Campbell was elected…

Fullbright legal scholars

Four of the 2016 Fulbright New Zealand scholars will complete postgraduate study in law in the United States. Alexandra Sinclair from Masterton has been awarded a Fulbright Science and Innovation Graduate Award. Ten of these awards were granted this year. They are offered in partnership with the Science and Innovation group…

Waikato Bay of Plenty President re-elected

Kevin Burroughs Hamilton sole practitioner Kerry Burroughs has been re-elected the Law Society’s Waikato Bay of Plenty branch President. Being a lawyer was something Mr Burroughs always wanted to do, but he did not begin his working life in the law. He began working at the freezing works and after three years…

AML cost of compliance

Just how much it could cost the legal profession to comply with anti-money laundering legislation is still not known. However in 2008 the Ministry of Justice released a report by accountancy firm Deloitte that estimated at that time that the indicative compliance cost for lawyers and conveyancers could be about $24…

New ‘shared services’ rules for in-house lawyers

New rules that will allow in-house lawyers to provide regulated services to a wider group of entities related to their employer came into effect on 1 July. The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 have been amended to widen the scope of practice for an in-house…

Brain scanning could help solve crimes

Canterbury Law School Professor Robin Palmer. Photo: University of Canterbury A project to investigate the forensic potential of brain scanning technology is under way. Led by Canterbury University’s Law School, the project is funded by the New Zealand Law Foundation. Being able to read brainwaves could revolutionise the way crimes are solved, the…

New books

Parole in New Zealand: Law and PracticeBy David Mather District Court Judge and New Zealand Parole Board panel convenor David Mather says he has written this to fill a gap. The book covers all major aspects of parole law and procedure, with an overview of the Parole Act 2002, discussion of…

Law Society supports youth justice extension

The New Zealand Law Society welcomes the Government’s announcement that Cabinet has agreed to investigate extending the upper age of the youth justice jurisdiction to include 17 year olds. This is stated in a letter the Law Society has sent to the Minister of Justice Amy Adams and the Minister…

When is the time right to mediate?

Timing is critical and will differ for each dispute. Ideally when to mediate should not be fixed by external reference. (Note: mandatory mediation provisions in a contract are not external but parties often forget that they have agreed to that provision by way of contract). While each dispute is different in terms…

No case too big to mediate

Major litigation, the “mega-cases”, can resemble plot lines from Game of Thrones. Elegantly coiffed and costumed lawyers lead armies of extras into an apocalypse of injury and expense, from which only one side will emerge victorious, and none unscathed. Egos affect decision-making, battles turn on unexpected twists, and people says lots…

Screening tests an important part of wellness checks

When you visit your GP as part of a wellness check you may be reminded about or recommended to have one or a number of screening tests. A screening test is carried out on people who do not have any symptoms but are perceived to be at risk of a particular…

What are the ‘big life moments’ for lawyers and the resulting financial challenges?

According to Shakespeare, the world is but a stage, upon which we, the players, star or traverse. This grand play we call life is made up of many acts, punctuated with a series of scene transitions, the impact of which is discussed here. And as there are so many important…

Selections in Olympic Year

Olympic selection represents the pinnacle of many athletes’ career. However, not all selection decisions are clear-cut. Many are contentious, causing significant disappointment for those not selected (as well as their families, friends and supporters) after years of dedication, training, and often sustaining this through self-funding. As recent media coverage has highlighted, such…

Political leadership determines refugee crisis response

Thomas Albrecht, Regional Representative of the United Nations High Commissioner for Refugees based in Canberra, addressed the Law Society’s Wellington branch Immigration and Refugee Law Committee and other lawyers on 25 May. Political will and leadership determines how a country will respond towards the refugee crisis, Mr Albrecht said. “Currently there are…

Calling legal scholars: apply now for awards

Every year at about this time I like to remind legal researchers to get their applications in for the latest round of New Zealand Law Foundation scholarships. Closing dates for most of our awards are coming up soon. The Foundation’s purpose is to support new, independent legal thinking, and we do…

Lawyers Complaints Service: Fined for deceiving clients and his firm

A lawyer who deliberately misled both clients and his firm’s management about invoices he raised has been censured and fined $15,000 by a lawyers standards committee. The lawyer, C, received instructions to act in litigation for the complainant clients to provide advice to the clients in relation to defending claims by…

Lawyers Complaints Service: Fined for breaching nominee company rules

Two lawyers, C and D, who breached the rules governing lawyers nominee companies have been found guilty of unsatisfactory conduct and fined $2,500 each by the Legal Complaints Review Officer (LCRO). In making this decision in LCRO 25/2015, the LCRO reversed a determination of a lawyers standards committee to take no…

Lawyers Complaints Service: Censured for driving convictions

Auckland lawyer Shane Alan Rohde has been censured and fined $10,000 by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. In [2016] NZLCDT 9, Mr Rohde admitted a charge of having been convicted of driving offences punishable by imprisonment that reflected on his fitness to practise or tended to bring the…

Lawyers Complaints Service: Fined for failing to ensure discovery

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has fined a lawyer, B, $10,000 for failing to ensure that discovery obligations were fully complied with by his client. That failure breached Rule 13.9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. Rule 13.9 states that: “A lawyer…