Regulating revolutionary new digital currencies

In last month’s column I covered the launch of the Law Foundation’s exciting new Information Law and Policy Project (ILAPP), which provides an independent $2 million fund to develop law and policy around IT, data, information and cyber-security. I’m now very pleased to say that we already have our first research…

Love your full stops

If just a few simple rules were brought to the attention of people, it would help to make things better in legal expression, according to Hon Michael Kirby, former Judge of the High Court of Australia. “The most important rule is about full stops,” he says. “It’s important to teach lawyers to…

Child Sex Offender Register being introduced

A Child Sex Offender Register is being introduced in New Zealand. Registered individuals will be required to provide a range of personal information to the register when they are living back in the community, and to keep that information up-to-date. Acting Assistant Commissioner Dave Trappitt at New Zealand Police has overseen…

Good job! Now can you take the rest of your life off

In part two of my article about lawyers and their wealth management for retirement, I look at the one question that is asked more often than any other. How much retirement or replacement income is enough?The answer lies in the type of lifestyle you want to maintain. Robert Merton, Nobel laureate…

The online High Court Rules are moving

The High Court Rules will move to a new location on the New Zealand Legislation website (www.legislation.govt.nz) becoming the High Court Rules 2016, when the Judicature Modernisation Bill is enacted, which is expected to be in the near future, the Parliamentary Counsel Office advises. This means that the High Court Rules…

Lawyers coming under AML/CFT regime

Appropriately protecting and defining legal professional privilege. Who should regulate and supervise lawyers. Clearly defining what and when lawyers need to report. Minimising the impact on lawyers’ ethical duties. These were just some of the key areas covered in submissions the Law Society has made on Phase Two…

From the Law Society

Anti-money laundering The anti-money laundering and countering financing of terrorism (AML/CFT) regime is, ultimately, a public good regime. It is aimed, most simply, at preventing both the proceeds of crime entering the financial system and the funding of activity that is fundamentally detrimental to society. As a member of the international governmental forum…

Our Profession, Our People

Sophie East has been elected a Council Member of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ). Ms East was appointed to fill the vacancy created when Justice Sally Fitzgerald was appointed to the High Court bench. Ms East is a litigation partner at Bell Gully. She has extensive…

Law firm achieves gender balance

While gender balance is a hot topic within the profession, achieving this has not been a challenge for Luke Cunningham Clere, the Wellington Crown Solicitor's office. Following the recent promotion of Sally Carter and Stephanie Bishop from senior associate to partner the firm now has gender balance among its partners. They…

Lawyer develops homebuyers help app

Invercargill lawyer Emma Stanley has developed an app to help people untangle the legal twists and turns involved in buying a home. Ms Stanley, who started her own law firm Emma Stanley Law in Invercargill in 2014, came up with the idea for EasyLaw about three months ago. New Zealand did not…

Louie the courthouse dog

New Zealand's first court dog – a chilled-out black Labrador called Louie – has proved a real success at Tauranga's courthouse. And he's loving every minute of it, his owner says. Louie supports young victims and witnesses through the stress and trauma of appearing in court. His owner, victims adviser Gail…

Dementia in desperate need of being de-stigmatised

Dementia is often referred to by the lay person as the “forgetful illness” and losing one’s mind is probably a person’s greatest fear. There are many causes of memory loss including syndromes that mimic those of dementia such as depression, vitamin deficiencies, excessive use of alcohol and other medical conditions. The common…

Law Reform

Maritime terrorism legislation should allow for legitimate peaceful protest The New Zealand Law Society says legislation to address maritime terrorism risks should ensure that peaceful protest is not inadvertently classified as terrorism. The Law Society has presented its submission on the Maritime Crimes Amendment Bill to the Foreign Affairs, Defence and Trade…

Preparation for mediation

You cannot script negotiations. Mediation is a dynamic process and even the best negotiators cannot crystal ball how things will turn out. There is uncertainty in the most straightforward negotiation, never mind an attempt to mediate between two bitter rivals. The parties need to be prepared to deal with surprises and…

Lexvoco introduces interesting new business model

Established in January 2015 in Australia by Anthony Wright, Lexvoco has brought a fresh type of business model to the world of legal practice. The idea behind Lexvoco was simple: there are some businesses which need the advice and skills of lawyers but can’t afford to employ them or don’t need…

Residential Care Subsidies Handbook

Reviewed by Maria Pozza With the new legislation in place concerning brightline, tax and other property related matters, the Key Government is cracking down and looking for ways to cool the jets of the rising property market. One such change concerns Residential Care Subsidies (RCS). New Zealand’s love affair with trusts…

Duties and Responsibilities of Directors and Company Secretaries in New Zealand, 5th edition

Reviewed by Maria Pozza The many duties and obligations of directors within New Zealand companies is a topic of changing and seemingly never-ending debate. Legal duties tied in with equitable and fiduciary obligations can leave even the most learned practitioner perplexed. The latest global financial crisis has prompted much change and…

New books

Law, Ethics, and Medicine – Essays in Honour of Peter Skegg Edited by Mark Henaghan and Jesse Wall Professor Skegg is noted as a leader in the study of law and medicine. His 46-year academic career is celebrated with this collection of 12 essays written by 16 medical law academics from New…

Beyond pot plants

This article follows up an irreverent piece we wrote for the 29 July 2016 issue of LawTalk entitled Innovation requires more than new pot plants, in which we suggested that large law firms would serve clients and budding lawyers better by investing in technology rather than ‘state-of-the-art’ office space. While our…

Digital disruption and what it means for in-house lawyers

Melissa Anastasiou is the General Counsel for Spark New Zealand and leads a legal team of around 20 lawyers and compliance professionals. Ms Anastasiou has been with Spark, one of the country’s the biggest communications service providers, since early 2009. Her legal career began in 1996 at both the Wellington and Auckland…

‘Your cheque is (or will be) in the mail’

In the recent High Court judgment in Paterson v Lepionka & Company Investments Limited [2016] HC 1331, Associate Judge Osborne was required to determine what constituted the making of “due inquiries” by the applicant creditor’s solicitor when giving a certificate as to unpaid debt under Rule 24.20 of the High…

Appointment of liquidator by creditors

Most commonly creditors appoint a liquidator by utilising the statutory demand process (if the debt is more than $1,000) and then if unsatisfied, file an application at the High Court seeking a liquidation order. Due diligence on the debt Obtaining instructions and assessing the file is a crucial part of the process.…

Lawyers Complaints Service: Fined for being disrespectful to court registrar

A lawyer, B, who was disrespectful to a District Court registrar has been reprimanded and fined $1,000 by a lawyers standards committee. The registrar complained to the New Zealand Law Society about B, who had approached her at the registrar’s bench and demanded that her matter be called after the adjournment. The…